March 10, 2004

1:30 p.m.

Harris Hall Main Floor

APPROVED 4/14/04


Commissioner Bobby Green, Sr., presided with Commissioners 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.




a. SECOND READING AND PUBLIC HEARING/Ordinance No. 1-04/In the Matter of Amending Chapter 5 of Lane Code to Adopt Definitions and Regulations Pertaining to Illicit Discharges into the County Stormwater System for Application to the Urbanizable Lands Within the Eugene and Springfield Urban Growth Boundaries (LC 5.710 and LC 5.747).


Sonny Chickering, Public Works, reported this is a step toward implementing their response to NPDES, Phase 2, and stormwater regulations.He said both ordinances are related to their implementation of the regulation. He noted prior to this meeting, the Board had authorized staff to pursue arrangements with the Cities of Eugene and Springfield to prepare their application and submit a stormwater management plan to the DEQ.He added they are also preparing an intergovernmental agreement with the City of Eugene.He said adoption of the two ordinances would help them comply with regulations that are a necessary part of their stormwater plan.


Green opened the Public Hearing.There being no one signed up to speak, he closed the Public Hearing.


Assistant County Counsel Stephen Vorhes noted that Ordinance No 1-04 has a blank in the date of the hearing.He said they filled in the blanks and put the correct date in.


MOTION:to adopt Ordinance No. 1-04.


Morrison MOVED, Dwyer SECONDED.




b. SECOND READING AND PUBLIC HEARING/Ordinance No. 2-04/In the Matter of Amending Chapter 9 of Lane Code to Adopt Eugene Regulations Pertaining to Erosion Prevention for Application to the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting a Severability Clause (LC 9.945). (NBA & PM 2/25/04).


Green opened up the Public Hearing.There being no one signed up to speak, he closed the Public Hearing.


MOTION:to adopt Ordinance No. 2-04.


Dwyer MOVED, Morrison SECONDED.






a. RESOLUTION AND ORDER 04-3-10-25/In the Matter of Accepting a Sport Fish Restoration Grant from the Oregon Department of Fish and Wildlife for Boating Improvements at Perkins Peninsula Park, Appropriating $144,633.00 in Fund 216, and Delegating Authority to the County Administrator to Sign the Cooperative Agreement


Jake Risley, Parks, explained this was for boating improvements at Perkins Peninsula Park.He noted in May 2003, the Board approved Parks to apply for the grants with the State Marine Board and with the Oregon Department of Fish and Wildlife.He stated the State Marine Board is providing a 25% match and the Oregon Department of Fish and Wildlife is providing a 75% match.He noted the State Marine Board had already awarded the monies to them and the Board approved the award.He said they are asking approval of the remaining balance.


MOTION:to approve ORDER 04-3-10-25.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 04-3-10-26/In the Matter of Certification of Final Assessments for Improvements to River Road (County Road Number 200) Between Mile Post 7.747 and Mile Post 7.366 and Setting Lien Values Against Properties. (NBA & PM 1/7/04).


Chickering explained that two weeks ago they came to the Board to consider these final assessments for River Road.He said there was concern about three properties with large frontages.He noted there was a discussion about the possibility of deferral if the assessments were postponed until consideration and adoption of code amendments that are contained within the TSP packet.He added the TSP would be brought to the Board for consideration on March 31.


Chickering indicated that staff went back and looked at the three parcels and inside the packet on page 4 (copy in file) is a table that describes the difference in the assessments under the existing County policy and under the proposed code changes.He added the dollar amount of the assessments did not change significantly.He noted that under the proposed code changes, only a portion of the frontage would be assessed at the time of the lien and the rest would be deferred until such time as the lot was redeveloped or for 20 years.He indicated of the three property owners, one was willing to purchase the home.The second property owner is a builder who owns three large lots and that property owner is not interested in the deferral, he wanted to pay off the lien immediately.He said the third property owners owns a single family dwelling on a large lot and he indicated that he was interested in the deferral that might be available under the new code.He said staff had prepared an order that would adopt and implement the assessments against all parcels except for Tax Lot 1302 owned by the Malcolms.


MOTION:to approve ORDER 04-3-10-26.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-1 (Morrison dissenting).


Dwyer served notice of possible reconsideration.He noted that this was in Morrisonís district and if she didnít want it, then maybe he didnít want it either.


c. DISCUSSION/Countywide Priority Setting for the Oregon Department of Transportation (ODOT) 2006-2009 State Transportation Improvement Program (STIP).


Tom Stinchfield, Public Works, noted this is in preparation for the March 31 public hearing on the STIP priority setting.He indicated a supplemental packet went out to the Board that included information on the OTIA III modernization part of ODOTís program they received last week.He said they also received a project application from the City of Oakridge for the Highway 58 revitalization project that came in after the packet was sent down.He noted that Ollie Snowden, Public Works,sent out two letters to the cities, in January and on February 6.He said they established a link on the Countyís website that has information on the 06 / 09 STIP process for the public.He noted a project that was funded last time is Beltline Highway at Coburg Road, funded at $4.1 million.He added that they received notice that that money had been borrowed to do some Willamette Valley rail improvements.He stated when the OTC did that, there was a comment made that the three projects involved would be re-funded when federal money could backfill it.He said they had put that project back on the metro list in the MPC packet.He said they were assuming that OTC will fund the project and they wonít need to do anything further.


Stinchfield explained that STIP funding is limited due to the bridge repair program that was funded by OTIA.†† He noted the 08 /09 modernization funds are shrinking and there is only about $19 million per year available statewide in 08 and 09 annually for modernization.He said it meant $5 million per year for Region 2 and the areas in Region 2 to fund projects.He explained that is the way they expect the smaller projects are the most likely candidates for funding.He didnít think Lane County would receive more than $1.5 million per year and they wouldnít be expecting to fund large projects out of that fund.He indicated there are additional funds that will be flowing for modernization from OTIA III bonds.He noted that the Freight Advisory Committee would consider $100 million and their recommendations would go directly to the OTC to allocate those funds for freight movement and industrial access. He added the $100 million would supplement the region equity split so another $29 million will be added for discussion at the Region 2 all area meeting.He noted the $29 million has requirements attached to it from OTIA III.He said the most important is that the OTC is discussing a local match requirement of 25%.He said that local governments have been unhappy with that requirement and have argued that at least the requirements should be interpreted broadly so the match might not be cash but could be right-of-way or a jurisdictional transfer proposal.He said the other requirement is that they want to fund projects that are ready for construction. He noted that means the plans have to be ready and the approval from the Federal Highway Department to proceed.He said with Lane Countyís projects where they have environmental approval, they donít have plans and estimates ready.He didnít think many projects would meet that requirement.


Morrison commented that she thought all of the money would end up in the Portland metro area.


Stinchfield noted there were two more components to the OTIA III program; $100 million for projects of statewide significance and the OTC has a list of those.He stated that Lane County didnít have any projects on that list.He said they have Beltline-I-5 on a list that is related to projects of statewide significance where OTC will consider matching funds to be paid by ODOT where there is $200 million reserved for a match on federal earmarked projects.


d. DISCUSSION AND ORDER 04-3-10-27/In the Matter of Approving a Letter of Support for Preservation Funds for the Florence-Eugene Highway (126W) from Florence to Mapleton.


MOTION: to approve ORDER 04-3-10-27.


Dwyer MOVED, Morrison SECONDED.


Stinchfield noted that Bob Pirrie called him and he requested one change to the letter.He asked that the letter be sent to Jeff Shiek instead of himself.He added he had a new Exhibit A to be distributed (Copy in file).


VOTE: 5-0.




a. ORDER 04-3-10-28/In the Matter of Establishing a 1.0 FTE Corrections Services Technician.


MOTION: to approve ORDER 04-3-10-28.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a. REPORT/Council of Forest Trust Land Counties.


Morrison indicated there was a packet that was distributed around an update from the action they took in November at the Council of Forest Trust Landsí annual meeting.She said this was a recommendation to move forward with the legal opinion in regard to the $10 million that the legislature pulled to try to balancethe budget.She commented that there wasnít money to do that with.She noted there was an RFP that went out and Swabbe, Williamson and Wyatt was the one who was selected.She said the cost to do the opinion is $30,000, but it would cause for a budget adjustment to take place.She said they werealso asked to continue the contract that the Forest Trust Lands currently has with Mason, Bruce and Girard.She noted that Lane Countyís portion of these additional costs would be $3,310, for a legal opinion to move forward.


Dwyer asked where the money would be coming from to pay this and what Lane County would have to pay for in the future.


Morrison didnít know what the legal costs could possibly be, but she thought it was on a formula basis.She said that Lane County was not a large recipient of the funds.She said it would come out of the Forest Trust Lands monies Lane County receives.


MOTION: to move ahead with the total package of $3,310 in order to fund Lane Countyís portion of these two actions around Forest Trust Lands issues.


Morrison MOVED, Dwyer SECONDED.


Sorenson suggested they vote on these matters separately.


Wilson indicated the portion attributable to Mason, Bruce and Girard would be $1, 986 and the portion attributable to a legal opinion would be $1,324.


MOTION: to move the legal opinion of $1,324.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-1 (Sorenson dissenting).


MOTION: to have Mason, Bruce and Gerard continue the work they have been doing for the County Forest Trust Lands around the discrepancies of the implementation plan and the actual forest management plan in the amount for Lane County of $1,986.


Morrison, MOVED, Dwyer SECONDED.


VOTE: 4-1 (Sorenson dissenting).


Sorenson didnít disagree it would be good to obtain more information,†† He thought the zeal by which the council was pursuing the industrial forest model for Oregonís state forests was a matter of contention for him.He said they were using their status to represent the counties.He commented that by funding this, Lane County was committing money.He said they were giving money to a timber industry consulting firm for help make the argument that the lands are not producing enough wood.


b. REPORT/ORDER 04-3-10-30 Transferring $3,000 from the Operational Contingency Fund To Assist the Mathews Family in Removing Debris from the Demolition of Their Home on the McKenzie River Bank.


Hampton reported that two weekends ago they gathered at the Mathewsí house to determine the strategy for demolishing the house.He said that John Brown was the coordinator for everything that had to take place.He stated that last week the demolition of the house occurred.He indicated they have a debris pile sitting on the property and they need to do something with it.


MOTION: to move to take up to $3,000 out of the Board contingency to help get the materials out to take to the landfill.


Dwyer MOVED, Hampton SECONDED.


Sorenson suggested a work session from Land Management on what kind of changes to Lane Countyís flood area or riparian area ordinance they could undertake.


VOTE: 5-0.




Morrison attended the Contact 2004 Breakfast.She said they acknowledged Lane Countyís participation in the project.


Green said the Board was meeting with Douglas County Commissioners on March 30 to replace Jeff Kruse.With regard to the United Front effort, he said the reauthorization was the biggest concern.He thought in the future that less people from Lane County should attend this effort.


Morrison commented the message was the same for everyone, that there is no money.She said they appreciated the efforts but she agreed the group keeps growing and it is hard in that environment to get anyone to buyoff on any one thing.She said they need to be strategic about what they are asking for.She added that she was frustrated with Smith Dawson as there were monies available for the Sheriff Office they didnít know about.


Hampton stated he received an e-mail from Steve Dignam for a request for video lottery money that would be outside of the normal process they use.He asked the Board if he should take it to the Economic Development Standing Committee to hear his request.


Morrison said the Board would have to take action by March 31.She stated the Regional Investment Board had approved $100,000 and that each of the four counties has to approve what the committee is recommending.She noted that Lane County would have to come up with $330,000 locally as part of the match of which LCOG would put up $100,000, the Regional Investment Board would give $100,000, leaving a balance of $130,000 for Lane County.She added that Lane County would be receiving a total of $850,000 to make available to loan out.She commented that most loans that had been funded to this point have been in Oakridge, Cottage Grove, Creswell, Florence and Junction City.She noted that 20 outstanding loans were made available to small businesses to start up that would not be in existence now without the funds.


Green was in favor of it.


Dwyer suggested calling a meeting in a timely manner for the Economic Development Committee


Hampton reported that Cindy Weeldreyer was appointed the Fiber Consortia Group representative through calendar year 2003.He noted the Board didnít have a current representative.He said he had been attending the meeting as a citizen.He stated he would be interested in serving as the representative.


There was consensus for Hampton to be the Boardís representative on the committee.


Hampton said he would have a board order prepared indicating that.










There being no further business, Commissioner Green adjourned the meeting at 3:45 p.m.


Melissa Zimmer

Recording Secretary