BOARD OF COMMISSIONERS REGULAR MEETING

MAY 7, 2003

9:00 a.m.

Commissioners' Conference Room

APPROVED JANUARY 21, 2004

 

Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

 †† 1.††††† ADJUSTMENTS TO THE AGENDA

 

Morrison wanted to discuss the County Forest Trust Lands.Dwyer requested to remove

††††††††††† from the table a motion by which they failed to get fees at Mt. Pisgah.

 

†† 2.††††† PUBLIC COMMENTS

 

††††††††††† None.

 

†† 3.††††† COMMISSIONERS' REMONSTRANCE

 

††††††††††† None.

 

†† 4.††††† EXECUTIVE SESSION as per ORS 192.660

 

††††††††††† None.

 

†† 5.††††† COMMITTEE REPORTS

 

††††††††††† a.†††††††† Legislative Committee.

 

††††††††††††††††††††††† Tony Bieda, Intergovernmental Relations, reported that they had not met as a Legislative Committee since last week.He stated that HB 2003 (the comprehensive PERS reform bill) was voted out of the House last Friday and is now in front of the committee and Senate.He added it might get to the governor by the end of the week.He said the PERS Board meets next Tuesday and at that point they should assess the PERS reform bills that have passed this session.He said that information would be given to their actuary for the changes to be reflected in the rate setting that the actuary will do for all employers starting on July 1.

 

††††††††††††††††††††††† With regard to HB 2791, Bieda said it would increase the percentage of monies transferred from state parks from the registration of travel trailers and campers. He noted the change would be from 30% to 40% for county parks.He added it was worth about $110,000 a year for Lane County parks.

 

††††††††††††††††††††††† Bieda said they have been trying to assess what the best strategy is for SB 1145 in dealing with the state.He said that Lane County sent the letter on May 1, notifying the Department of Corrections of their ability to opt out of the program.He added Lane County was the third county to do so.He noted they delivered copies of the letter to all of the delegation so they were aware of the opt out.

 

††††††††††††††††††††††† Sorenson requested a list to be given to the Board of all the dead bills that the Board had taken a position on in the legislation.He asked about the status of land use bills.

 

††††††††††††††††††††††† Bieda responded that of the substantive land use bills, the ones still in play are SDCís and bills pertaining to the governorís priority in terms of expanding the inventory of developable lands.He said everything else is making some progress.

 

†† 6.††††† COMMISSIONERS' BUSINESS

 

a.†††††††† DISCUSSION/Terms of Agreement of Water Usage in a Utility Easement between Heceta Water District and Lane County.

 

††††††††††† Rich Fay, Parks Department, explained that the County had previously signed an easement agreement with Heceta Water District to provide the parks in Florence with water at no fee, but the water district was continuing to bill them for base meter charge fees.He added that their agreement states there is water at no fee and that was their position.He told Heceta that they were not going to pay any more payments until they resolve the issue.

 

††††††††††† Morrison stated that it was her understanding and her intent that there was to be no monies paid to Heceta Water District in exchange for letting them put up the water treatment plant.

 

††††††††††† Dwyer said it was also his understanding that they would be given the easement across Lane Countyís property in exchange for utilizing Lane Countyís property and there would be water for Harbor Vista without charge.He didnít want any bills paid.

 

††††††††††† Fay said they hadnít been paying the bills.

 

††††††††††† Stephen Vorhes, Assistant County Counsel, suggested drafting a letter for the Board to sign.

 

††††††††††† Morrison stated she had not been receiving the monthly reports from Heceta Water District.She added that was supposed to be for the first five years of the agreement.She asked if an emergency did arise if they could exceed the one million gallons.

 

††††††††††† Mike Kendall, Heceta Water District, 593 Laurel St., Florence, said he contacted Mr. Bennett, the City Manager for the City of Florence and will be requesting water from them.He asked Bennett to contact the Board of Commissioners so they might exceed the million-gallon limit, adding they could only exceed it by 200,000 gallons.He said their new water plant could process a maximum of 1.2 million gallons per day and asked to have the restriction lifted.He said he would generate one letter to be sent to the Board of Commissioners.

 

††††††††††† Sorenson stated this would be put on the Consent Calendar for the Board letter back to the district.He added they would have a copy of the monthly report sent to Steve Vorhes as well as the Board of Commissioners.

 

†† 7.††††† MANAGEMENT SERVICES

 

a.†††††††† UPDATE/Facilities Capital Improvement Projects.

 

††††††††††† David Suchart, Management Services, said he is working with an engineer and with the Sheriffís Office to work on access.He said they are standardizing access throughout the building. He said they are a month away from deciding whether they would pull the Child Advocacy Center.He said he has been working on the election space.He said they found a space and they are working to see if a design could work in the space.He noted they are working on remodeling the child clinic in Mental Health to move Family Law from Umpqua Bank to the clinic.He said the work would be completed the first week of June.He added they are working to get out of the lease without penalty.

 

††††††††††† Suchart said they are working on Harris Hall and in the basement that will be the new training room.He said they are working with the Sheriffís Office to replace the roof on the south annex of the jail that was previously scheduled to occur this spring.He added they are working on the tree root problem and working on new doors.He noted because of AIRS changes, the Sheriff wanted to change the way the dispatch was located and they were going to be bringing it to the Facilities Committee.

 

††††††††††† Suchart stated he gave the Board a spreadsheet (copy in file).He stated he simplified it and outlined the projects that the Facilities Committee had requested to be part of next yearís CIP.He asked the Board to fill out a ballot as to what projects they wanted.

 

†† 8.††††† CHILDREN AND FAMILIES

 

a.†††††††† DISCUSSION/Lane County Commission on Children and Families (LCCF) Options for Administration of the Department of Children and Families (in Response to the BCC's Request of February 10th).

 

††††††††††† Kitty Piercy, Children and Families, explained they had a meeting to discuss the issue.She noted the consensus of the commission is to ensure prevention and that children and families of Lane County have a strong voice in the community.She said a majority of the members on the Commission on Children and Families requested to maintain Children and Families as a stand-alone department.

 

††††††††††† Piercy said to move to a larger department might mean that the commission would get lost and sink to the bottom of the priority list in a time of budgetary stress.She said that early childhood prevention programs already have a hard time and they were concerned about what would transpire if they moved to another department.She added that there is no compelling evidence of cost savings or efficiencies to necessitate a move and that the overhead in a larger department might increase the costs.

 

††††††††††† MOTION: to move that the Commission on Children and Families remain the same and not move into another department.

 

††††††††††† Dwyer MOVED, Green SECONDED.

 

††††††††††† Dwyer said for all the reasons that Piercy stated, he didnít want the mission of what the agency does to be lost.He said in budget time they need to focus on what it is they are doing.

 

††††††††††† Lininger supported the motion.He thought Lane County would be at a disadvantage if they were to move to another department and they would be out of sync with the statewide planning board for disbursing money.

 

††††††††††† Green wanted to make sure they move forward to hire a department director.

 

††††††††††† Morrison said she wasnít supportive of keeping this as a separate department.She questioned the partnerships with community organizations as they are continuing to have monetary problems.She thought the state should deal with the Commission on Children and Families.She commented she didnít think the model they have works.

 

††††††††††† Sorenson said the need for a separate department under county government,would fit into the state-suggested method for how they would deliver the coordination.He said if it went into either County Administration or Health and Human Services, they lose the independence that the staff has to work with the commission.He was supportive of the Commission on Children and Families to be a separate department.

 

††††††††††† VOTE: 4-1 (Morrison dissenting).

 

b.†††††††† ORDER AND RESOLUTION 03-5-7-1/In the Matter of Appointing One (1) New Member to the Lane County Commission on Children and Families.

 

††††††††††† Sorenson noted that Dave Perez had resigned and Jackie Lester, principal of Dorena School, had been recommended.

 

††††††††††† MOTION: to approve ORDER AND RESOLUTION 03-5-7-1 appointing Jackie Lester, with her term expiring June 30, 2004.

 

††††††††††† Lininger MOVED, Dwyer SECONDED.

 

††††††††††† VOTE: 5-0.

 

†† 9.††††† COMMISSIONERS' BUSINESS (CONTINUED)

 

a.†††††††† REPORT AND DISCUSSION/Joint Report from Lane County Watershed Council Coordinators and Community Watershed Council Volunteers.

 

††††††††††† Peter Thurston, Economic Development, explained this is a report to the Board of Commissioners from the five watershed councils that are located in Lane County.†† He noted that Lane County is compromised of over 4,600 square miles of forests, lakes, rivers and lands where its 12 cities are located.He added the watershed councils are organized under state law and are recognized by the Board of Commissioners.He said this past January the Board recognized the Coast Fork Watershed Council.He said they are all voluntary local organizations directed toward the objective of bringing together people from throughout the watershed areas to promote watershed enhancement.He said they are not regulatory; they help people work through problems and differences to make the highest and best use of their watershed areas.He noted the Board requested that there be a joint presentation together and these five watershed council coordinators met and decided to give a presentation.He asked the Board if they wanted to see this type of presentation more often.(Materials on the presentation were passed out. Copy in file.)

 

††††††††††† Morrison commented that regarding finance budget issues, there wasnít a clear picture of what some of the dollars were really going for.She asked if that could be provided by all of the watershed councils.She also wanted separated out administrative costs versus other dollars.She also wanted to find out who had a 503(c) status.She said they are supposed to be overseeing the councils but if they have that status, the Board has no control over it.

 

††††††††††† Dwyer wanted to see a breakdown on the projects versus the administrative costs.

 

††††††††††† Sorenson asked about the issue of the adequacy of enforcement and the existence of ordinances.

 

††††††††††† Green appreciated the Long Tom quarterly report and all the work the watersheds did.

 

10.†††† COUNTY ADMINISTRATION

 

a.†††††††† Announcements

 

††††††††††† None.

 

11.†††† PUBLIC WORKS

 

a.†††††††† FOURTEENTH READING, DELIBERATION AND ACTION/Ordinance No. 5-00/In the Matter of Amending Chapter 10 of Lane Code to Adopt a Revised and Updated Version of the Eugene Land Use Regulations for Application to the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting Savings and Severability (NBA & PM 5/16/00, 5/31/00, 10/11/00, 1/31/01, 4/11/01, 5/30/01, 12/12/01, 1/16/02, 1/30/02, 3/20/02, 6/19/02, 12/4/02 & 4/9/03).

 

††††††††††† MOTION: to adopt Ordinance No. 5-00.

 

††††††††††† Green MOVED, Dwyer SECONDED.

 

††††††††††† ROLL CALL VOTE: 4-0 (Morrison out of room).

 

12.†††† CONSENT CALENDAR

 

A.††††††† Approval of Minutes:

April 2, 2003, Regular Meeting, Following HACSA

April 9, 2003, Regular Meeting, 9:00 a.m.

 

B.†††††††† Assessment and Taxation

 

1)†††††††† ORDER 03-5-7-2/In the Matter of a Refund to Budgettel Inns of Oregon, Inc. in the Amount of $11,217.22.

 

2)†††††††† ORDER 03-5-7-3/In the Matter of a Refund to Air Liquide America Corp. @ Hynix Semiconductor Mfg. America, Inc. in the Amount of $24,942.68.

C.††††††† Public Works

 

1)†††††††† ORDER 03-5-7-4/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 950 (Briggs Hill Road) (18-05-34) & (19-05-03).

 

2)†††††††† ORDER 03-5-7-5/In the Matter of Releasing, Dedicating, and Accepting Parcel "A", in Mint Acres Book 43, Page 18, a Parcel of County Owned Real Estate, as a County Road (16-03-31-41) (Peppermint Lane) (County Rd. No. 1810).

 

3)†††††††† ORDER 03-5-7-6/In the Matter of Accepting a Deed of Land to be Used as a Reserve Parcel in Section 4, Township 17 South, Range 4 West of the Willamette Meridian (Auction Way) (17-04-04) .

 

4)†††††††† FINAL ORDER 03-5-7-7/In the Matter of the Alteration of a Portion of Green Hill Road (County Road No. 465), at the Intersection of Barger Drive (County Road No. 32), Being Located Within Sections 17, 18, 19 and 20, Township 17 South, Range 4 West of the Willamette Meridian.

 

5)†††††††† ORDER 03-5-7-8/In the Matter of Vacating the Southerly Boundary Line of a Partition Plat, as Platted and Recorded on Land Partition Plat Number 95-P0676, Lane County Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (19-01-17).

 

6)†††††††† ORDER 03-5-7-9/In the Matter of Denying the Petition to Vacate a Portion of Duncan Slough Road (County Road Number 499), Located South of Bernhardt Creek Road Near Karnowsky Creek, in Sections 22 and 23, Township 18 South, Range 11 West of the Willamette Meridian (18-11-22 & 23).

 

7)†††††††† FINAL ORDER 03-5-7-10/In the Matter of the Alteration of the Portion of Marcola Road (Portions of County Roads 148, 317, 346 and 411) from Camp Creek Road, Northeasterly, to the Mohawk River, Including the Intersections with Camp Creek Road (County Road No. 1290), Old Mohawk Road (County Road No. 2237), and Sunderman Road (County Road No. 486), Being Located Within Sections 3, 9, 10, 16, 17 and 20, Township 17 South, Range 2 West of the Willamette Meridian.

 

††††††††††††††††††††††† MOTION: to approve the Consent Calendar.

 

††††††††††††††††††††††† Dwyer MOVED, Morrison SECONDED.

 

††††††††††††††††††††††† VOTE: 5-0.

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

13.†††† COUNTY COUNSEL

 

a.†††††††† FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 4-03/In the Matter of Amending Chapter 2 of Lane Code to Dedicate a Retiree Medical Benefit Trust Fund (LC 2.500). (Second Reading and Public Hearing: Wednesday, May 21, 1:30 p.m., Commissioners' Conference Room)

 

††††††††††† Wilson explained this was designed to meet the compliance they need to have with the new Gasby 34 with respect to funding of a benefit plan.She noted this was the retiree medical and no future employees could join it.She said they stopped providing that benefit to employees as of 1997.She said it provides the mechanism of accumulating those funds based on the actuarial report.She noted that once money is placed in the fund, it couldnít be moved out.She added that future placement in the fund could be halted if the Board chose.She said the only way to take the money is to pay the medical benefit or at such time as an actuary reports that the fund is sound and needs additional funds.

 

††††††††††† MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 4-03 for May 21, 2003 at 1:30 p.m.

 

††††††††††† Dwyer MOVED, Morrison SECONDED.

 

††††††††††† VOTE: 5-0.†††††

 

14.†††† COMMISSIONERS' ANNOUNCEMENTS

 

††††††††††† Morrison noted there would be a CVALCO dinner.She announced on Saturday evening the Mapleton Lions are having a fundraiser for youth activities.Morrison stated she and Tony Bieda met with people at OMSI regarding the distance learning possibilities for rural school districts with the $1 million that was appropriated toward the planetarium.She said there were potential possibilities for the money.

 

Green stated the City of Eugene held a reception for Denis Taylor.

 

Lininger thanked everyone who helped make the McKenzie Highway a scenic byway under ODOTís program.

 

Sorenson stated he would be on Ask Lane County with Rob Rockstroh.He announced the letter carriers were having their annual can drive.

 

15.†††† CORRESPONDENCE TO THE BOARD

 

Sorenson stated they received a letter from Bob Emmons from Landwatch.He said they asked Steve Vorhes and Kent Howe to give an update and it will be taken up with the agenda team.

 

16.†††† EMERGENCY BUSINESS

 

††††††††††† a.†††††††† DISCUSSION/Council of Forest Trust Land Counties

 

††††††††††† Morrison stated that yesterday she gave the Board a copy of an e-mail that was sent out by Mark Rasmussen from Mason, Bruce and Gerard.She noted there were discrepancies between the State Department of Forestryís implementation of harvest potentials and what was actually in the Habitat Conservation Plan.She stated that had an impact on the County Forest Trust Lands and there was some contract work that was done with Mason, Bruce and Gerard last year and each county was asked to participate in a portion of the cost to have the work done.She said this year because of continuing conflicts with the model that was used and some of the other issues that are coming forward regarding the Habitat Conservation Plan, the Council of Forest Trusts Lands had a meeting and the cost is $74,000 and the formula they use to establish the cost per county is the same limit with the acres that Lane County has that they pay dues to the Council of Forest Trust Lands.She noted Lane Countyís portion would be $4,082.She brought it under emergency business because it needed to be included in the budget for this year if they are going to participate.She added there are 27,000 acres of Council Forest Trust Lands and only 24,000 are actually available for true management.

 

††††††††††† MOTION: to move to include this matter in the budget for discussion.

 

††††††††††† Dwyer MOVED, Green SECONDED.

 

††††††††††† Sorenson stated he would be a no vote.He said the amount of money that the counties are putting into this to fund the industry forestry consultant to do battle with the state over the appropriate level of cutting in the state forests is one end of the government fighting another government agency.He said they were taking general fund money out of the County budget to fund a consultant.

 

††††††††††† VOTE: 4-1 (Sorenson dissenting).

 

††††††††††† b.†††††††† DISCUSSION/Chapter 18.

 

††††††††††† MOTION: to move to remove off the table the matter of amending Chapter 18 of the Lane Manual.

 

††††††††††† Dwyer MOVED, Morrison SECONDED.

 

††††††††††† VOTE: 4-1 (Sorenson dissenting).

 

††††††††††† MOTION: to move adoption of the Order in the Matter Amending Chapter 18 of the Lane Manual Revised Park Scheduling Fees to add Howard Buford Recreation Area to increase fees with the following changes:to keep the original language in Lane Manual 18.105 that would keep the authority to close parks under certain situations with the Board as it currently is allowed and to sunset 18.120 on 4/30/04 unless renewed and report to the Board after January 1, 2004 on the success of the senior discount program and the parks volunteer program.

 

††††††††††† Dwyer MOVED.

 

††††††††††† Wilson stated she believed it was Lane Manual 18.115(6) and (7) to be sunsetted.

 

††††††††††† Lininger wanted to correct 18.005 to state one-half hour.

 

††††††††††† Sorenson reiterated the motion is to make the language change on the half hour, to include everything in the packet except for adding a new Section 9 that would sunset Sections (6) and (7) on April 30, 2004 and the language about the closure of the parks.

 

††††††††††† Green SECONDED.

 

††††††††††† Lininger stated he opposed this motion for the same reason he opposed the original version.

 

††††††††††† Sorenson didnít want to single out a particular park for fees and not have fees charged at all parks.

 

††††††††††† Morrison supported the motion but she still had concerns on how to spend the money.She said they have to be prudent in the decisions they make around how the money would be used.

 

††††††††††† VOTE: 3-2 (Lininger, Sorenson dissenting).

 

There being no further work, Commissioner Sorenson recessed the meeting at 12:00 p.m.

 

 

Melissa Zimmer

Recording Secretary