June 8, 2004

9:00 a.m.

Commissioners Conference Room

APPROVED 8/25/04


Commissioner Bobby Green, Sr. presided with Commissioners Bill Dwyer, Don Hampton, Anna Morrison and Peter Sorenson present.  County Administrator Bill VanVactor, Assistant County Counsel Dave Williams and Recording Secretary Melissa Zimmer were also present.








Dan Terrell stated he is with the Law Office of Bill Kloss, 576 Olive, Eugene.  He commented on a letter they sent to John White of the Oregon Department of Energy in response to a letter that he sent to the Board.  He forwarded a copy of their letter to  Commissioner Green.  He encouraged the Board to actively participate in the land use review process for the West Cascade Energy Facility.  He commented even though the Energy Facility Siting Council is going to make the final land use decision on the proposed facility, they think the Board of Commissioners has an important role to play in the process.  He thought it was important because White’s letter and the site-specific application submitted by the applicant contains some inaccuracies and misinterpretations of Lane Code.  He thought if the Board adopted an aggressive participation in the process by going through the normal land use approval process, it gives the Board an opportunity to clarify what the Lane Code means and how it is supposed to be applied.


Green understood the Board of Commissioners’ role is advisory.


Terrell commented that they think the Department of Energy had misinterpreted the code by saying that there are minimal standards for an exception process.  He said they were interested in having the Board comment on the letter.


Dwyer stated the more active the Board is, the less of a precedent it would set with the facilities.  He noted the applicant put his application on hold for a year, pending a review of the air emissions standards and the model he submitted.


Laura Cole, 1395 Willagalespie, Eugene, asked if there was a way they could replace the matrix system and not release 11 major sex offenders.  She wanted an emergency ordinance that would stop the jails from releasing violent criminals.


David Monk, Director of Oregon Toxics Alliance, 1192 Lawrence St., Eugene, thought this facility was not in the public interest and hoped the Board would deny the permit.    He commented that the Facility Siting Council takes seriously the responsibilities they give to their advisory groups and they will listen to how the Board of Commissioners evaluates the code as well as their expression of the value of the facilities to the constituents.  He stated that it was a losing situation for everyone.


Sorenson thought the Board should hold some public hearings to ask the constituents what they think.  He wondered if they would issue a permit to use the right-of-way of the road.


Monk responded the Board did have to issue the permit on the roads.  He noted the application to Lane County was still incomplete.  He didn’t want the Board to become complacent.  He thought this was the biggest public interest issue to come to this county in 30 years.  He said it will have impacts on the local economy and public health and Lane County will receive none of the benefits.  He commented that the one-year delay is important.  He encouraged the Board to deny the facility.


Dwyer thought Lane County had discretion on the facilities aspect.  He noted the letter from the Energy Siting Council was pre-dated to the applicant’s indication that they would hold off because they had admitted that their models might be flawed.  He thought it was a good opportunity to involve the public.  He thought Lane County should amend its response to state they are going to have hearings on this regarding the facilities permits because there is no urgency.


Green noted what was asked of the Board was a reasonable request to become more cognizant of the window of opportunity.  He commented that Lane County has a practical approach to application processes and they have a political approach.  He stated if the applicant meets the test with how the application process is structured, that a reasonable person would approve it.






4. EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.




a. ORDER 04-6-8-1/In the Matter of Scheduling a Hearing on the Appeal of the Sheriff's Recommendation on the Liquor License Application of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.


Dwyer stated that he heard the OLCC had already issued the license.


Assistant County Counsel Dave Williams responded that he heard the same thing and tried to make phone calls but was not able to confirm that.  He noted their website showed that there was a fact finding on May 21.


Dwyer indicated he received some e-mails about them already issuing a license.  He said they need to know if the license was issued because to conduct a hearing that was already decided was a moot point.


Williams noted that under the Lane Manual provision, Ms. Todd requested a hearing and if she were not to withdraw, it would be something they would have to do.  He recommended scheduling a hearing the week of June 21 to get the adequate time for notice.  He added that under the Manual provisions, the Board may conduct a hearing or may designate someone to conduct a hearing.  He recommended designating someone to handle it instead of bringing it to the entire Board.


Green suggested that if they appoint someone that it be Rob Rockstroh, Health and Human Services, who would conduct a hearing.


MOTION:  to move to approve the order scheduling a hearing on the appeal for ORDER 04-6-8-1.




Sorenson asked if there was a way to see if the license was granted before they take action on this.


Williams’ concern was that if they assumed that OLCC had already granted the license but there is a person who requested a hearing under the code, he didn’t think they should hold a hearing.


Sorenson commented if the OLCC had granted the license, he wanted the Board to hold the hearing.


Williams thought they could wait to see if the license could be granted.


Sorenson suggested waiting until tomorrow to make a decision on this.


Dwyer noted the Sheriff’s recommendation is advisory.  He didn’t want to waste time if the OLCC had issued the permit.  He agreed to put this off until tomorrow.  He asked why they would conduct a hearing when it is something the Board has no discretion over, other than to express their displeasure with the process.


Williams commented that if they found out the license had been issued and Ms. Todd wanted a hearing, it could be easier to go through a process to give a hearing even though it might not have much effect.


Dwyer withdrew his motion.


Green thought they should ask Ms. Todd if she still wants a hearing.  Green indicated this would be rolled until tomorrow.




a. Announcements






a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1209/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), Chapter III, Section G. Public Facilities and Services Element, and Chapter V Glossary; and Amending the Eugene-Springfield Public Facilities and Services Plan; and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: June 22, 2004, 7:00 pm).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1209 for June 22, 2004 at 7:00 p.m.


Dwyer MOVED, Hampton SECONDED.


Sorenson indicated that he wouldn’t be able to attend the meeting but he made arrangements to get the exhibits.


VOTE: 5-0.










There being no further business, Commissioner Green  adjourned the meeting at  10:00 a.m.



Melissa Zimmer

Recording Secretary