BOARD OF COMMISSIONERS'
REGULAR MEETING
January 2, 2008
1:30 p.m.
Commissioners' Conference Room
Commissioner Faye
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green., Sr.
and Peter Sorenson present. County
Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary
Melissa Zimmer were present.
1. ADJUSTMENTS
TO THE AGENDA
The paper ballots will be read under Commissioners Business.
2. PUBLIC
HEARINGS
a. PUBLIC HEARING
AND ORDER 08-1-2-1/In the Matter of Adopting the FY 2007-2008
Supplemental Budget 1, and Making,
Reducing and Transferring Appropriations. (Christine Moody)
Christine Moody,
Budget Analyst, reported this is the first supplemental budget for FY 07/08.
She noted there are ten funds changing by ten percent.
She said the majority of this order is the fund balance being adjusted to
what actually occurred at the end of last year.
MOTION:
to approve ORDER 08-1-2-1.
Dwyer MOVED,
Fleenor SECONDED.
VOTE:
5-0.
b. THIRD READING
AND PUBLIC HEARING/Ordinance No. PA 1245/In the Matter of Amending the
Lane County Rural Comprehensive Plan (RCP) by Revising Goal -2, Policy 25; to
Establish Provisions for a Private Use Airport Overlay Zone; by Adopting an
Official Private Use Airport Overlay Zone Map; by Applying the Overlay Zone to
Five Private Use Airports and Surrounding Properties and Adopting Savings and
Severability Clauses (NBA and PM 11/20/07 & 12/5/07).
Keir Miller, Land
Management, indicated that Ordinance No. PA 1245 and Ordinance 15-07
will bring Lane County into compliance with state laws pertaining to private
airport protection and planning. He
recalled the First Reading took place on November 20. He recalled following the First Reading there were several
modifications for the proposals and they were discussed with the Board at the
Second Reading and Public Hearing on December 5. He noted at that hearing staff recommended that the Board
postpone taking final action to allow for the two week period between revised
readings. He said since that time
they didn’t receive any new information or comments. He recommended approval.
Commissioner
Stewart opened the Public Hearing. There
being no one signed up to speak, he closed the Public Hearing.
MOTION:
to adopt Ordinance No. PA 1245.
Dwyer MOVED, Green
SECONDED.
ROLL CALL VOTE:
5-0.
c. THIRD READING
AND PUBLIC HEARING/Ordinance 15-07/In the Matter of Amending the Lane
County Rural Comprehensive Plan (RCP) and Lane Code Chapter 16 to Establish a
Private Use Airport Overlay Zone (LC16.012, LC16.296) (NBA and PM 11/20/07 &
12/5/07).
Commissioner
Stewart opened the Public Hearing. There
being no one signed up to speak he closed the Public Hearing.
MOTION:
to adopt Ordinance 15-07.
Dwyer MOVED, Green
SECONDED.
ROLL CALL VOTE:
5-0.
3. PUBLIC
COMMENTS
Doug DuPriest, Eugene, stated he was present on behalf of Shade
Tree, Inc. He commented on LCOG’s
population process. He indicated
that a public hearing was held in December and questions were raised.
He noted that DLCD and Eco Northwest commented that the population
projections used the wrong planning period and is inconsistent with the
applicable Oregon Administrative Rules. He
said the testimony also noted the projection used five year trends for some
cities and fifteen year trends for others.
He said the issue was discussed as to whether LCOG has the jurisdiction
to adopt population forecasts for Lane County.
He added the LCOG Board tabled the issue.
Mia Nelson, Lowell, stated that LCOG is not Lane County’s coordinating authority.
She thought the Board of Commissioners should start from the beginning
instead of using LCOG’s forecast. She
noted on November 20 DLCD wrote to LCOG with a number of concerns.
She added that Goal 1 and Landwatch had also submitted objections.
She noted there was no factual basis or other
information in the record for how LCOG came up with the numbers.
She added there was no consistency between city forecasts.
She said there was no finding of fact or 20 year forecast.
She thought the new forecast should be reworked under the new laws.
Jim Gillette, Eugene, commented at the last meeting he realized he had been wasting
his time. He thought the Board
would have been more reasonable. He
thought the Board did nothing to refute lies by Jane Burgess and Jeff Towery. He
said he was not guilty. He
commented that unless the Board can prove him wrong, he won’t quit. He wanted justice.
Zachary Vishinoff, Eugene, commented that the community will be
subjected to a branding from Nike during the track meet.
He stated the housing director wants to borrow $450 million for more
housing. He hoped Lane County
weighs in on the bonding for the arena.
Thomas Brandt, Marcola, said a neighbor has a partition he wants
to do. Brandt says it pushes his
property over and he loses two and a half acres.
He appealed the plat. He
asked for the Board’s help.
Wilson explained that if there is an appeals hearing on a lot line
adjustment tomorrow and if the appeal would come to the Board, public testimony
at this point impairs their ability as an impartial decision maker and could
cause a procedural concern. She
recommended that Brandt attend his hearing and make his points there and that
the Board not weigh in.
4. CONSENT
CALENDAR
A. Approval of
Minutes:
December 13, 2006,
Regular Meeting, 9:00 a.m.
February 13, 2007,
Work Session, 9:00 a.m.
February 13, 2007,
Regular Meeting, 6:30 p.m.
November 20, 2007,
Regular Meeting, 1:30 p.m.
December 5, 2007,
Regular Meeting, following HACSA
B. County
Administration
1) ORDER 08-1-2-2/In
the Matter of Reappointing Justices Pro Tempore for the Central Lane Justice
Court through January 8, 2009.
2) ORDER 08-1-2-3/In
the Matter of Reappointing Justices Pro Tempore for the Oakridge Justice Court
through January 8, 2009.
3) ORDER 08-1-2-4/In
the Matter of Reappointing Justices Pro Tempore for the Florence Justice Court
through January 8, 2009.
C. Assessment and
Taxation
1) ORDER 08-1-2-5/In
the Matter of Approving the Cancellation of Delinquent Taxes Where Total is Less
Than Five Dollars.
2) ORDER 08-1-2-6/In
the Matter of a Refund to Weyerhaeuser Company in the Amount of $924,110.79.
3) ORDER 08-1-2-7/In
the Matter of a Refund to PeaceHealth in the Amount of $203,835.41.
D. Children and
Families
1) ORDER 08-1-2-8/In
the Matter of Approving Submission of "Lane County's Six-Year Priorities
for Planning, Implementation and Measuring Results for Children, Youth and
Families" to the Oregon Commission on Children and Families.
E. County Counsel
1) ORDER 08-1-2-9/In
the Matter of Selecting Newspapers to Publish Monthly Notice of Expenditures,
Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.
F. Health and Human
Services
1) ORDER 08-1-2-10/In
the Matter of Reappointing One Member to the Public Health Advisory Committee.
G. Management
Services
1) ORDER 08-1-2-11/In
the Matter of Authorizing the Sale of Surplus County Owned Real Property for
$13,000 to Jo Ann Dooley, Former Owner of Record (Map 17-02-31-13-00202, 617 North 36th Street,
Springfield).
H. Public Safety
1) ORDER 08-1-2-12/In
the Matter of Accepting a Proposal for LCP 2007-06 for Corrections Inmate
Pharmacy Services and Awarding a Three-Year Requirements Contract to Diamond
Pharmacy Services.
I. Public Works
1) ORDER 08-1-2-13/In
the Matter of Confirming the Public Works Director’s Posting of the Perkins
Creek Bridge on Biggs Road (a Local Access Road).
MOTION:
to approve the Consent Calendar.
Dwyer MOVED, Green
SECONDED.
VOTE:
5-0.
5. EMERGENCY
BUSINESS
None.
6. COMMISSIONERS'
REMONSTRANCE
None.
7. COMMISSIONERS'
BUSINESS
a.
DISCUSSION/Direction on LCOG Population Forecast Authority.
Stewart reported
that when he attended the LCOG meeting there were items that came up that raised
concerns. He was told that LCOG
doesn’t have the authority to do the population forecast
He said they were going to ask the members of the LCOG Board to pass an
order that recommends to the Board of Commissioners to adopt the population
forecast. He wanted direction to have legal counsel look into those
actions. He wanted to find out if
LCOG had the ability to perform the activity for the Board and if the Board of
Commissioners could adopt the numbers without having a process.
Sorenson asked if
they could help the Board of Commissioners terminate their relationship with
LCOG.
Wilson said that
Stephen Vorhes, Assistant County Counsel, was going to come back in early
February on the options. She said
they are looking at whether LCOG has the authority.
Sorenson thought
because Lane County was the only county in the state not doing the population
forecast that they should make it clear they want to get the function back and
have the resources given to them to do it.
Dwyer was concerned
about the process and the inconsistencies in the formula.
He supported Sorenson’s concept that they assume the authority in doing
the studies and projections and use a methodology that is acceptable and they
could defend. He wanted to serve notice that they were going to formulate the
population studies. He wanted to
evoke Lane County’s authority.
Green asked what
resources they had to perform the function.
He didn’t know who would do the work..
He said it was a budgetary decision.
Fleenor thought
that LCOG had the money and he thought it was coming from Lane County’s dues.
He thought they could divert the County’s dues to pay for an internal study.
He thought they could charge their partners for the cost of doing the
study. He wanted to put
things on hold as they didn’t have the authority to do the study and it was
not defensible.
Dwyer wanted to
make sure they were able to defend the methodology.
He wanted to apply the methodology and they then could move forward.
Fleenor thought
there was a public policy issue. He
asked if they should take the authority back.
He asked what the legal mechanism was by which they take the authority
back. He asked how they pay for it.
He asked if they take it back, what the disposition is of the current
population forecast. He thought
they needed to be brought back.
MOTION:
to have staff formulate population projections that are defensible, that comply
with the law and they could adopt.
Dwyer MOVED,
Sorenson SECONDED.
Stewart asked if
they should send a letter to LCOG stating DLCD doesn’t believe LCOG has the
authority and that Lane County needed to take it over.
Sorenson said he
supported this because it makes it clear to LCOG that they are taking the
population forecast over.
Fleenor had
concerns about city partners who had grant applications pending that would go
into needed infrastructure. He thought it could have a long term financial
impact.
Stewart wanted to
know what Vorhes’ research is and the process they need to go through.
He said they are going to have to come up with a process to charge fees.
Fleenor asked if
they move forward to allow the existing population forecast to stand.
He asked if that would slow the system down.
Wilson said it
depends on what the grant is looking for in the population forecast.
She said part of LCOG’s doing the population forecast includes those
forecasts being included in each of the city’s comprehensive plans.
She noted there are land use consequences.
Dwyer stated the
motion is to send a letter to LCOG telling them that Lane County is reassuming
the duties of the population study due to the
DLCD letter and ask staff to formulate the methodology
VOTE:
3-2 (Green, Stewart dissenting).
Stewart wanted to
see Vorhes’ response.
Fleenor wanted the
existing population forecast (2004) to continue as part of the motion.
b.
DISCUSSION/Enterprise Rent-A-Car Carbon Offset.
Fleenor reported
that Enterprise Rent-A-Car has contacted the Board and wanted to make a proposal
that in the renter’s fee there would be a charge of $1.25 per transaction
collected and remitted to an offset Co2 partner, called Terrapass.
He said they would ensure the money is used to fund projects that would
remove Co2 from the atmosphere. He added they are also requesting the exclusion
of the charge from the gross rental fee for the purpose of the motor vehicle
rental tax.
Dwyer thought the
concept was worthy.
Wilson indicated
the tax would be done by an ordinance.
Sorenson wanted to
get the opinion of the Parks director.
Wilson explained
the significant impact from a finance resource perspective would be an audit.
She said the policy question is one of supporting the carbon offset
concept and whether they are comfortable with the kind of arrangement that
Enterprise had proposed.
Sorenson also
wanted to get the opinion from Michael McKenzie Bahr, Economic Development, the
Parks Director and the auditor. He
commented that Lane County had never adopted any policy on this.
Fleenor asked if
this could be made a generic contract with any rental car company.
Wilson explained if
they do it as an exemption to the car rental tax it would be generic.
She wanted to write it where the car rental company is not retaining the
$1.25 but investing it with someone else.
Fleenor thought it
should be a certified offset partner similar to Terrapass or other
organizations.
Dwyer agreed.
Stewart wanted this
to go through Finance and Audit and for comments from the auditor, Parks and
Mike McKenzie-Bahr.
c. RESOLUTION AND
ORDER 08-1-2-15/In the Matter of Budget Direction for FY 08-09.
Stewart explained
that this was an order as a result of the Leadership Team meeting.
He said the direction from staff was to prepare two different budgets.
He indicated what was added to this order was the reviewing budget
option, that if there is a one year renewal at the current rate, to keep the
budget at a current level.
MOTION:
to approve ORDER 08-1-2-15.
Dwyer MOVED,
Fleenor SECONDED.
VOTE:
5-0.
d. Ballot Results
Stewart read the
votes off the ballots as follows:
Stewart:
Stewart for Chair, Green for Vice Chair
Green: Stewart
for Chair, Green for Vice Chair
Sorenson: Sorenson
for Chair, no vote for Vice Chair
Dwyer: Stewart
for Chair, Green for Vice Chair
Fleenor: Sorenson
for Chair, Green for Vice Chair
8. COUNTY
ADMINISTRATION
a. Announcements
Spartz stated that
he was happy to be in Lane County.
9. PUBLIC
WORKS
a. FIRST READING
AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No PA 1244
Adopting Amendments to the Lane County Rural Comprehensive Plan to Redesignate
Land from "I/C" (Industrial/ Community) to "PR/C" (Park and
Recreation/ Community); and Rezoning that Land from "RI/C" (Rural
Industrial/ Community) to "RPR/C" (Rural Park and Recreation/
Community), Map 16-45-29 Tax Lot 1300, and Adopting Saving and Severability
Clauses. (Applicant: McKenzie Community Track & Field. File No. PA 07-5588).
MOTION:
to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance
No. PA 1244 for January 16, 2008 at 1:30 p.m.
Dwyer MOVED, Green
SECONDED.
VOTE:
5-0.
10. CORRESPONDENCE
TO THE BOARD
Letter regarding Martin Luther King Celebration.
Stewart indicated they were asking for money from Lane County for the
Martin Luther King Celebration. He
indicated Lane County had contributed to this in the past.
MOTION: to contribute to the Martin Luther King Celebration.
Sorenson MOVED, Dwyer SECONDED.
Stewart said the money would come out of the Commissioners’
Discretionary Fund and an order
would be brought back on the Consent Calendar.
VOTE: 5-0.
11. COMMISSIONERS'
ANNOUNCEMENTS
Fleenor announced
his community dialogue for tomorrow.
12. EXECUTIVE
SESSION as per ORS 192.660
None.
14. OTHER
BUSINESS
None.
There being no further business, Commissioner Stewart adjourned the
meeting at 2:50 p.m.
Melissa Zimmer
Recording Secretary