BOARD OF COMMISSIONERSí
January 21, 2004
Commissioners' Conference Room
Commissioner Bobby Green, Sr., presided with Bill Dwyer, Don Hampton, Anna Morrison and Peter Sorenson present.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Green noted there would be a Willakenzie Fire District Report under Commissioners Business.
# 2. PUBLIC COMMENTS
Emily Shue, 3122 Willamette, Eugene, stated she was present as a member of the Lane County Parks Advisory Committee. She noted she was also a member of HACSA in the 1970s.† She commented that there is no general fund money going into the Lane County Parks--it is funded by the room tax by contributions, from the state, and fees and charges they collect.† She said it had been difficult in the past two years to fund the parks at the level they would like to see.† She noted they have been behind in maintenance and not able to develop any new properties, even though the population of the County is growing.† She said the County park system is a regional park system while the cities provide parks for neighborhoods.† She said one project that has come to the Parks Advisory Committee is a piece of property in Florence that is not suitable for regional parks.† She added that if that piece of property was sold, the funds could go into more appropriate parks operation.† She urged the Board to do that.
Merle Bottge, 1777 W. 24th, Eugene, stated she is Chair of the Parks Advisory Committee.† She commented that ordinarily the Lane County Parks Advisory Committee would not recommend the sale of land belonging to the division, but they support staffís recommendation to sell the 40-acre parcel north of Florence, known as Oceanwoods, with the proviso that the proceeds be used for County parks. She said this was not exceptional or of regional significance.† She noted the 1980 Parks Master Plan says the primary focus of the Parks Division is to develop regional facilities, those parks that attract people from the entire County.† She said the Parks 2005 Plan says the division is to provide, protect and enhance sites and areas of exceptional, recreational, natural, scenic, cultural or historical significance for the enjoyment and education of Lane County residents and visitors.† She noted that Oceanwoods does not meet either of the criteria.† She said the Parks Division needs money and the idea to sell Oceanwoods as a source of revenue is suggested in the Parks 2005 Plan.† She thought this would be a good time to follow through with the recommendation.† She said the Parks Advisory Committee believes that money received from the sale of property assets should be used for capital improvement purposes.† She supports the proposed use of some of the revenue for Armitage Park Campground improvement and development.† She believed that reinstatement of camping spaces in Armitage Park will be popular with Lane County residents and visitors.† They supported using some of the proceeds from the sale to develop a new parks master plan.† She noted the present plan is more than 20 years old and an updated plan is needed to help guide decision making and provide back up for grant applications. She said they also supported establishment of a parks reinvestment fund.†† She said they support the proposal to sell the Oceanwoods property and use the proceeds to upgrade parks property.
Jim Hale, 1715 Linea, said there had been disagreement between Lane County and the cities over who should be doing what with fire service.† He said that cities were the logical providers of key services. He said it could be true with general purpose government being the logical provider for urban services.† He said they were looking for different language in the Metro Plan.
Sorenson asked why County government wouldnít be a logical provider of fire services in the Eugene Springfield metro area.
Hale thought Lane County was the logical provider.† He wanted to see language in the Metro Plan instead of what is currently there that would allow Lane County to provide not only fire services, but also police services in a larger scale with language that would not prohibit that. †
Cappy Eaton, 1631 E. 24th Avenue, Eugene, stated she is the Action Chair for the† League of Women Voters of Lane County.† She said she served as chair as their park study committee.† She noted when they did their comprehensive study, they determined that the park system needed to develop regional parks that would serve a variety of recreational purposes for the citizens of Lane County. With regard to the property in Florence, she said it didnít meet the criteria for a regional park in a residential area.† They thought the sale of the property would be a good way of obtaining money for the park system.† She agreed with the recommendation from the Parks Advisory Committee that the money would be used to assist with some of the parks they already have.† She supported the recommendation on Oceanwoods.
Sharon & Gary Gooch, 25950 Richardson Park Rd., Junction City, said they were supportive of the Parks Department selling the property known as Oceanwoods.† She said that Richardson Park Marina is deteriorating.† She indicated they had been managing the park for the past three years for Lane County Parks and it has been deteriorating due to lack of funds.† She said they need money to repair the decks.
Jean Benedict, 27962 Ward Lane, Eugene, said he has the development of Idlewood in Florence.† He indicated County parkland is north of them.† He said in 2002 there was a discussion of possible exchange language plus a value variation that their 40 acres is worth one-third of what the parks land is, $500,000 plus he would consider a fair value in exchanging properties.† He said the City of Florence is discussing obtaining the properties to the south between Sandpines and their 40 acres.† He thought Parks selling the land outright would have the greatest value.† He was offering an exchange of properties.
3. EMERGENCY BUSINESS
4. COMMISSIONERS' REMONSTRANCE †
5. COMMISSIONERS' BUSINESS
a. ORDER 04-1-21-1/In the Matter of Appointing Members to the Lane County Fair Board.
Dwyer indicated they interviewed three applicants and they brought forward Eric Jenson and Mike Schwartz.
MOTION: to approve ORDER 04-1-21-1.
Morrison MOVED, Dwyer SECONDED.
Morrison asked if they re-appointed Tom Hunton.
Green reiterated that five names were submitted to the Board and their role was to interview members from that list. ††
Warren Wong, Fairgrounds, indicated there were two vacancies, one was Huntonís† (applying for a second term) and the other vacancy occurred when Dean Hanson went off the Board.
Morrison amended her motion† to include Tom Hutton and Mike Schwartz.† She added both terms expire 12/31/06.
b. REPORT BACK/Mathews Property. †
Hampton reported a letter was sent to the Matthews and people who visited the property.† He said it was up to Matthews to decide what he wants to do.† Hampton said the letter states that Matthews was moving his house.
Dwyer commented it would get the Matthews out of danger, but not the people of Cedar Creek.† He noted the river was changing direction.† He worried about liability as it is in the county, not the city.
Wilson explained that rivers move† and to find liability, they would have to find an act of negligence on the part of the County.† She commented from reading the letter, it didnít appear to her that there is negligence on the part of the County.
Hampton was frustrated with the information from the two federal agencies.
c. Willakenzie Fire District
Van Vactor indicated he forwarded to the Board a memorandum from the Boundary Commission.† He said it was a strategic plan of financial data.† He said they received a referral from the Boundary Commission on January 12, and requested a written response by January 23, with the hearing† on February 5.† He† said this is a significant issue and they hadnít had a chance to process the application.† He said they tried to identify in the Metropolitan Area General Plan, what is Lane County government as an institutionís interest in this to see if they make a recommendation for the Board.† He noted a key issue is the role of special districts within the Metropolitan Plan.† He didnít think this complied with the Metro Plan.† He thought the language in the past had stated that cities are the logical providers of key urban services. †
Van Vactor asked what the Board wanted to do with the conflict with the Metro Plan.† He noted with the change of finance and the passage of Ballot Measures 5 and 47, the limitation on local governmentsí ability to grow revenue, that special districts could be something that they should reconsider and the language in the Metro Plan should be revised† He thought an approach would be to work with the City of Springfield if they would be willing to agree that Lane County should initiate a plan amendment to the Metro Plan to clarify the role of districts.† He added that ORS 198.835 states when a district is formed inside the city, the city has to consent.† He said it was one way to approach this issue.† He stated another major item is tax consequences and the potential for compression.
Green indicated he hadnít had an opportunity to speak with anyone in Springfield about what they are discussing today.† He added this was relevant to Lane County and it could have an impact, tax-wise.
Van Vactor said that Lane County government received a referral from the Boundary Commission and they were responding to that.
Dwyer said he wasnít contacted because the City of Springfield was taking the position that they didnít need Lane County to do this.† He commented that the Metro Plan is the guiding document.† He said if they want to do something different that they need to amend the plan to have the discussion about the logical provider of services.
Jim Gangle, Assessment and Taxation, explained if the Board added the Willakenzie Rural Fire Protection inside the City of Springfield, they would be adding $3.00 for a tax rate.† He passed out a chart about compression† (Copy in file).† He explained if Lane County were to choose to go for a local option levy, it would be compressed off the top first.† He said if they established a law enforcement district, it would be compressed later and not affected until it hit the $2.50 increase.† He stated the impact to Lane County would depend upon whether a local levy option is a permanent levy.† He noted that Measures 48, 50 and 5 changed the way districts can raise revenue
Van Vactor indicated Lane County could do an IGA with the City of Springfield on the basis of compression on the written commitment on the part of Springfield if Lane County came forward with a tax district in the future and they wouldnít object.
Van Vactor noted that in the Metro Plan, cities would be the logical providers of services as defined as adequate and a quality level of service.† He stated that Lane County is the last county to have a Boundary Commission with policies and he thought it would make approval of this application difficult.† He noted the planning would stay with the City of Springfield and there could be conflict in the Boundary Commissionís statute.† He indicated that Lane County would still work with the Cities of Eugene and Springfield for urban transportation facilities.
With regard to governance, Van Vactor indicated the draft IGA between the fire district and the city discussed a process where over a couple of years there will be elections and resignations with the Willakenzie Fire District.
Van Vactor stated they actually have a coordination agreement between the Willakenzie Fire District, Springfield and Lane County.† He said that would have to be amended if the Willakenzie Fire District became the provider of the service.† He didnít think there had been good coordination between the City of Springfield and Lane County other than the informal discussion.† He commented it should have been given to Lane County earlier.
Van Vactor indicated the Board approves the ambulance boundaries and they will have to approve the re-assignment of responsibility from the City of Springfield to the Willakenzie Fire District.† He thought this was a long-term strategic policy.† He thought they could use the Metro Plan to direct Steve Vorhes to prepare documents.† He said the other approach is to† have negotiations with the City of Springfield to see if there is some way to agree on as many of the interests as possible so they donít end up opposing the application.
Sorenson thought this should be denied for the same reasons they didnít allow the library to start a district.
Dwyer commented they needed to weigh in with a denial only.† He was concerned that they would be taxed twice for the same services.† He said there was no guarantee that the new district would have a savings for the citizens of Springfield.† He said they have to work collectively in resolving the conflicts.† He said the city uses the Metro Plan as a reason to annex the people in River Road.† He commented that the Boundary Commission is a redundant layer of government that is no longer useful.† He hoped the Boundary Commission would enforce the impact of the Metro Plan.† He thought cooperation and commitment was key.† †
Morrison agreed the Boundary Commission was redundant and they need to pursue it in the next legislative session.† She asked how long it would take to do a Metro Plan amendment.
Vorhes thought it could take at least a year before it gets to the planning commission and elected officials.† He added that each jurisdiction would have to take action
Morrison thought they should slow down the process.† She thought Lane County should have a larger role in how it affects them dollar wise and how they could impact the total law enforcement picture.† She wanted them to prepare comments for the 23rd and be present at the public hearing, whether through legal counsel or for Green as chair to give the presentation.† †
MOTION: to move to give staff direction to respond to the Boundary Commissionís referral.
Morrison MOVED, Dwyer SECONDED.
Vorhes stated it would give the Boundary Commission staff time to incorporate them into the staff report.† He noted the hearing on February 5 was another opportunity to submit not only oral but written communications.† He said County Administration could compose a letter that highlights the points.† He added that the Board could compose a more comprehensive letter that could be part of a hearing process.
Sorenson supported the motion.† He thought the conversation should be at the elected officials level with Eugene also involved because of the significance to some of the other service delivery problems in the Eugene/Springfield area.† He thought they should include whatever role County government would have on the ambulance issue.
Van Vactor indicated that later in the meeting the Board has a first reading with Metro Plan amendments as a result of periodic review.† He hadnít had time to evaluate those revisions.† He said in the fundamental principle section of the plan, 2 b) 3, the plan states identifying methods of establishing an urban growth transition program that will eventually reduce service delivery and efficiencies by providing key urban services only by cities.† He added that portion was set for deletion from the Metro Plan.† He didnít think that was housekeeping in view of the policy discussion the Board had.† He requested the Board read it today and roll it to another reading.
d. ORDER 04-1-21-5/In the Matter of Transferring $1,900 from the General Fund Operational Contingency to County Administration, Public Information Program, to Cover Costs of Earned Income Tax Credit Pamphlet for Rural Residents
Green explained there is a $3 million earned income tax credit, which is money that people could apply for. †He said in order to qualify, workers have to work full or part-time in 2003 and have a total income of less than $11, 230.†† He passed out information. (Copy in file).† He proposed that Lane County help the City of Eugene get the word out.† He added it is money that could go back into the community by way of the local citizens getting tax credit refunds.† He noted they could get as much as $2,000 in tax credit refunds.† He said the City of Eugene would pay for the mailing of the information, but Melinda Kletzok, Public Information Officer, has a budget between $1,400 and $1,900.† He added he had money in his account that he would† put towards copies.† †
MOTION:† to move to use their contingency fund up to $1,900.
Dwyer MOVED, Morrison SECONDED.
6. COMMITTEE REPORTS
a. Legislative Committee
ē United Front Project List
Tony Bieda, Intergovernmental Relations Manager, reported this was an annual discussion on the United Front trip.† He noted in the packet is a list of six projects that Lane County will sponsor for appropriations earmarked to go in front of Congress the next funding cycle.† (Attachment A, copy in file).† He noted Attachment II is the chart of all United Front Projects that represents the full array of items of the other partners. (Copy in file).
Bieda indicated the projects included capital dollar requests for the federally qualified health clinic in Springfield and the National Guard Armory. He noted the money goes to Lane County directly.† He stated the Public Safety emergency communication request was on the list for a second year from the Sheriffís Office to respond to radio communications that came as a result of the 911 terrorist attacks.† He noted the acute mental health services at risk were a project. He said they wanted to get a special focus to work with the people and offload them from the rest of the correction staff.† He said the AIRS project was a carryover from previous years and Lane Countyís partners want to get another $1.1 million to finish Phase II of that project.† He added the transportation item was the† Beltline Road corridor study request that is focused on insuring they have the basis to ask for capital money to complete the expansion of Beltline between Coburg Road and River Road as well as the rebuilding of the interchange at Delta Highway.† He noted in addition to these items, the introduction letter from the five jurisdictions would also include an update on how Lane County has used secure rural school money in the last 12 months to have a basis to hold a discussion.† He added they would mention the help they got from the delegation in resolving the issue of Fern Ridge Reservoir and the potential impact on the Parks Department.
Green stated that this was the list that everyone was in agreement with.
7. COUNTY ADMINISTRATION
8. PUBLIC WORKS
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1197/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Adopt as Part of Periodic Review Metro Plan Housekeeping Revisions and a New Metro Plan Diagram; and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: February 10, 2004, 6:30 pm, Eugene Public Library). †
MOTION:† to approve the First Reading and Setting a Second Reading and Public Hearing on February 10, 2004 at 6:30 p.m.
Dwyer MOVED, Sorenson SECONDED.
b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 5-04/In the Matter of Amending Lane Code Chapter 16 to Adopt Riparian Protection Regulations Outside the Eugene-Springfield Metro Urban Growth Boundary and Inside the Metro Plan Boundary, and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: February 10, 2004, 6:30 p.m., Eugene Public Library). †
MOTION:† to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 5-04 on February 10, 2004 at 6:30 p.m.
Sorenson MOVED, Dwyer SECONDED.
8. PUBLIC WORKS
c. REPORT BACK AND ORDER 04-1-21-2/In the Matter of Authorizing the Parks Division to Solicit Offers for the Sale of a 40-Acre Parcel of Property Known as Oceanwoods Near the City of Florence, with Proceeds to Be Used for Parks Purposes. (NBA & PM 10/27/03). †
Howard Schussler, Public Works, explained this was the second step of the process in looking at the property. He said for several months they had been reviewing things they could do for Parks to provide positive steps for long-term support for the health of the park system.† He said they identified maintenance needs and checked in with the Parks Advisory Committee.† He noted they brought this to the Board in a joint meeting with the city councils of Florence and Dunes City in Fall of 2003.† He noted they have been talking regularly with the City of Florence because there are some issues around water.† He said this is to authorize the next step in the process, to field offers for the 40-acre property, known as Oceanwoods.† He indicated they would have to come back to the Board when and if there is an offer in the best interest of the County.
MOTION:† to move approval of the direction of staff to come back to the Board with information on sale of the property.† He stated that in the event they sell the property, the money could only be used for capital purposes, not for park operations or maintenance or management and it would be a transfer of a capital asset into other park purposes for ORDER 04-1-21-2.
Sorenson MOVED, Dwyer SECONDED.
Schussler indicated it was their intent to use the money for essential elements.† He noted one use was the master plan, as the master plan they have in place was created in 1980 and it is obsolete.† He added the intent was never to use it for any operations in terms of maintenance but it would be used for rebuilding infrastructure and campgrounds and facilities at Three Mile Prairie to develop into a wildlife area.
Dwyer was opposed to selling parts of the system that donít result in replacing things that are capital in nature. †He commented they have SDC charges that could be used for planning.† He thought it was to the City of Florenceís benefit, as it would add to the tax roles if it were developed.† He thought Lane County should negotiate with the City of Florence in allowing them to collect the SDCís outside of the city limits but within the urban growth boundaries.† He would only support something that designates a certain amount of planning that could be used. He asked if they wanted to eliminate capital resources to be used in another way.† He said there has to be an amount ďnot to exceedĒ for planning if they are using the money.† He added they have to negotiate with the City of Florence because they are direct beneficiaries of the conversion from farmlands to development lands.
Morrison didnít support the motion due to water problems.† Her concern is being able to provide a water source to the community over and above what Heceta has and the restrictions that are placed on the agreement that they made with Heceta.
Green stated they were authorizing parks to bring back an offer.† He said they need to develop a list of what capital projects Sorenson was proposing.
Wilson noted when they come back with an offer it will be with a public hearing.
VOTE: 4-1 (Morrison dissenting).
d. ORDER 04-1-21-3/In the Matter of Withdrawing the Mill Road at Highway 58† Improvement Project from the Capital Project Partnership (CaPP) Program, Making the Funds Available for Other Projects, and Reprogramming Said Project Within the Public Works 2004-2008 Capital Improvement Program (CIP) in FY 2007.
Mike Russell, Public Works, reported that on December 12, 2001, the Board considered an application from ODOT for the project under the CaPP project and awarded $352,780 toward the project.† He said since the project involved re-aligning Mill Road, they decided they would take it on as a County project.† He noted staff had a proposal and had a public hearing with the Roads Advisory Committee. He added that in-between the adoption and the award of the money, OTIA III monies were involved.† He indicated a major factor in improving Highway 58 to provide a turn lane onto Mill Road was to stay out of a bridge that is nearby.† He added it was a confining factor of the project.† He said the bridge showed up in OTIAís stage II list of ODOTís OTIA III bridges.† He said they heard within the next five year the bridge would be replaced.† He said if it is true it would be an opportunity for ODOT to address this on their own system through the bridge project and they wouldnít have to do the modification to the road if they could put in a center turn lane with replacement of the bridge.† He noted they went to the Roads Advisory Committee and are recommending Option 3, to not recommend a design concept at this time but wait and coordinate with ODOT regarding the improvements to the Pleasant Hill over crossing and come back to reconsider a design concept.† He noted the Roads Advisory Committee thought it was important to keep the project in the CIP but to put it in FY 07 that is the unfunded portion of the CIP and make the funds available for another project.
MOTION:† to approve Option 3 of ORDER 04-1-21-3.
Hampton MOVED, Sorenson SECONDED.
Hampton recalled at one point there was a proposal to close Mill Road and emergency services are against that as it is the main way to get to Wheeler Road without having to go to Rattlesnake Road.† He indicated there is testimony to that effect.† He didnít think what was addressed were a couple of residences that are to the east of Mill Road and if and when the work is done to the road to re-adjust it, they need to be sensitive to the fact that the residents donít want a road ten feet from their front door.
Dwyer commented they could spend the money elsewhere that would make better sense.† He supported the motion.
9. MANAGEMENT SERVICES
a. ORDER 04-1-21-4/In the Matter of Acknowledging Receipt of the Lane County Annual Financial Report for the Year Ended June 30, 2003, and Setting Forth the Corrective Measures for Deficiencies Contained Therein. †
Becky Koble, Management Services, noted that this was the first year that the County staff had prepared the analysis and initiated all of the adjustments to the Countyís books and records and developed and produced financial statements.† She added the mandatory filings with the state were made prior to the year-end deadline and the CAFR has been submitted to the Government Finance Officer Association for consideration for a certificate of achievement in excellence in financial reporting.
Mike Lewis, Jones & Roth, reported he gave the report to Finance and Audit to go through the process of what the opinions meant. With regard to compliance and federal programs, he stated that this year there was nothing to report.† He said they have had findings in prior years.† †
Lewis stated that the management letter was not quite ready.† He said there were two comments on the fairgrounds.† He wanted to make sure the comments were valid. He had concerns because the fair revenues appear to be decreasing and the money from transient room tax had gone down with debt service requirements going up.† He added the fair was using more of a line of credit to pay for operating activity.
Kay Blackburn, Internal Auditor, explained there was a business portion to adopt: an order accepting the financial report and resolution on how to take corrective measures on exceptions to Oregon Budget Law and the three exceptions and corrective measures are detailed.† She thought they were minor changes.† She said the Board has to adopt the resolution.
MOTION: to approve ORDER 04-1-21-4.
Sorenson MOVED, Morrison SECONDED.
10. CORRESPONDENCE TO THE BOARD
11. COMMISSIONERS' ANNOUNCEMENTS
Morrison announced that Saturday is the Winter Folk Festival in Florence.
Green thanked Melinda Kletzok on the work on lanyards.† He reported he was attending the AOC Steering Committee in Bend.
12. EXECUTIVE SESSION as per ORS 192.660 †
To take place after the meeting.
13. OTHER BUSINESS
There being no further business, Commissioner Green recessed the meeting into Executive Session at 1:45 p.m.