BOARD OF COMMISSIONERS'

REGULAR MEETING

June 3, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 1/6/2010

Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.

5. PUBLIC HEARINGS

a. FIRST READING AND PUBLIC HEARING/Ordinance No. PA 1255/In the Matter of Amending the Rural Comprehensive Plan By Adopting a Coordinated Population Forecast for Lane County and Each Urban Area Within the County and Adopting Savings and Severability Clauses (File No. PA 08-5873) (Second Reading/Deliberations 6/17/09).

Stephanie Schulz, Land Management, recalled on May 12, 2009 the Board directed staff to bring forward for consideration all of the proceedings coordinating the development of population forecasts for the County in each urban area within the County.  She added that Board direction included separating the metro urban areas into proportional forecasts for the areas east and west of I-5.  She said the various coordination efforts have included the ten small cities submitting a Post Acknowledgement Plan Amendment (PAPA) as PA 08-5042.  She indicated that Eugene and Springfield under HB 3337 developed individual futures for long range planning PA 08-6186 and the Board contracted with Portland State University Population Research Center to analyze available data and to present a coordinated forecast for the County and its cities under PA 08-5873.

Schulz indicated the PSU final report and record has been placed into the small city application record and the entire record is before the Board.  She recalled there were public meetings and hearings conducted with the Lane County Planning Commission where interested parties were mailed notice 20 days prior, as required by law and legal ads were also published in The Register Guard at least 20 days prior to the meetings and hearings.  She stated that minutes have been provided in the packets from all of the meetings.  She recalled the PSU Population Research Center was selected by the Board in August 2008.  She indicated that the Metro cities began their HB 3337 effort and submitted a Metro Plan Amendment in September 2008.  She added that the ten small cities submitted their PAPA application, deemed complete in October 2008.

Schulz reported that jointly with the Planning Commissions from Eugene and Springfield, Lane County Planning Commission held a public hearing on the separate metro cities safe harbor population forecast on November 6, 2008 and recommended approval to the elected officials.  She noted on January 6 and March 3, 2009 the Lane County Planning Commission conducted two public hearings on the small city plan amendment proposal.  She added on March 17, 2009, they conducted deliberations and recommended approval to the Board of Commissioners.  She said on December 2, 2008, Land Management staff organized and noticed a kick off meeting in Harris Hall for the PSU Population Research Center process.  She indicated that Board members and Planning Commissioners participated in that meeting.  She said draft reports and results of analysis leading to the PSU report is one of the alternatives before the Board today that were reviewed in public meetings on February 26 and March 26, 2009. 

Schulz explained that the First Reading and Public Hearing follows a May 19, 2009 joint Board of Commissioners and Lane County Planning Commission meeting where the forecast process, method of adoption and the affect of the PSU forecast was considered.  She said the PSU report and the small cities PAPA Exhibit A to the ordinance both include forecasts for all urban areas of the County including the metro cities of Eugene and Springfield.  She said the options are presented for the Board to consider as the Rural Comprehensive Plan amendment.

She indicated that in order for the Board to amend the Rural Comprehensive Plan, Chapter 12 of Lane Code has the adoption criteria that requires the evaluation of changes in need, circumstances, errors or policy.  She added that Chapter 16 criteria require compliance with Lane Code, state law and applicable statewide planning goals.

Schulz indicated that this Public Hearing is to consider the future population forecast for Lane County and its 12 cities and their urban areas.  She noted that circumstances pertaining to the laws regarding population projections have changed sufficiently to require the amendment to update population projections for Lane County.  She indicated that a countywide coordinated and adopted population forecast that is reasonable, accounts for current trends, considers input from interested parties and the effective cities is under the authority of the Lane County Board of Commissioners to adopt for the entire County and its urban areas.  She said the revaluation of long range plans is under consideration in several of the small cities in the County.  She commented that each of the cities’ future public facilities, housing and transportation needs are based on future population forecasts that should be as reasonable as could be expected within a 20 year time horizon.

Schulz said the Board will consider all of the factors and information in the public record and then determine and adopt an outcome that includes a forecast for Lane County as a whole and projections for each of the urban areas in the County.  She noted the proposed forecast from the small cities is included in Exhibit “A” to the ordinance.  She added there is an Exhibit A presenting the PSU population forecast.  She indicated that both include forecasts for the Eugene Springfield urban area.  She said the Board should identify the form of the ordinance and set the Second Reading and Possible Adoption for Ordinance PA 1255 for a date certain upon conclusion of the hearing.

Fleenor asked if it was standard practice for Lane County to take the applicant’s language and use it verbatim. He asked if they should specify it was the applicant and not Lane County.

Assistant County Counsel Stephen Vorhes responded that the draft findings started from the written statement provided as part of the application.  He added it is standard practice for Land Management that rather than generate findings independent of the proceeding, to utilize the work of the applicant in the case where the Planning Commission has reviewed and recommended approval of the application.  He said there were some changes to the findings that reflected what has happened since the application was filed and what has occurred at the Board.  He recommended changing the findings depending on what they hear today and what the Board’s direction on what the Board’s ordinance should be.  He said they will have to come back regardless what direction the Board goes with revised findings to reflect what has occurred today.

Vorhes explained what the Board is considering is a legislative quasi judicial legislative application and decision.  He said the amendment to the Lane County Rural Comprehensive Plan and the code provisions that talk about that refer to the Lane Code Chapter 14 procedure that is set up for a quasi judicial hearing.  He indicated the Board is considering an application for an amendment for the Rural Comp Plan using the criteria in Lane Code Chapter 16 and applicable state law as the criteria and the review will be governed by those criteria. He said the Board is to hear testimony and evidence from anyone interested in the proposal pending in front of the Board.

Sorenson stated the decision of the Board is subject to establishing findings of facts showing compliance with the applicable comp plan policies and Lane Code criteria is in the staff report.  He added that evidence and testimony must be directed toward the approval criteria.  He said testimony not directed toward approval criteria may be irrelevant to these proceedings.  He asked if there were any ex parte contacts due to conflicts of interest.

Dwyer indicated that he had no meaningful discussions with anyone.  He had brief comments with people from Junction City, but nothing substantive. He said he will base his vote on the evidence and not the conversation.

Fleenor stated that he had extensive contacts with everyone from city managers, city administrators, individual stakeholders, DLCD, and PSU.  He said he will base his decision on the facts that are presented and the contacts shall have no bearing on his decision.

Sorenson said he met with Judy Volta, Mayor of Coburg.  He also met with the city manager for the city of Coburg.  He met with the mayors of the cities in Lane County.  He met with Mia Nelson and she has made numerous presentations before the Board.  He thought there might have been other people.  He said he will be basing his decision on the record presented today and in the written record.

Handy indicated that he has spoken with many people.  He said he has been to several of the public forums.  He stated that he will be making his decision based on the criteria and the facts.

Stewart had spoken with numerous people.  He said as an LCOG Board member four years ago his contacts started when they discussed the LCOG produced numbers.  He had contact with all six of the cities he represents in East Lane County and private individuals who have asked questions.  He will be basing his decision on the information in the record and before him.

Sorenson asked the members of the audience if they wish to challenge the impartiality of any commissioner.  He said that a challenged commissioner may respond to any such challenge.

There were none.

Sorenson said this is an opportunity for those present to enter information into the record verbal and/or written.  He said written materials related to the application submitted prior to or during the public hearing shall be considered part of the record.  He said that failure to raise an issue to enable a response may preclude an appeal to LUBA.  He added that only persons who qualify as parties may appeal the actual decision of the Lane County Board of Commissioners to LUBA.

Warren Weathers, Mayor of Lowell, spoke in favor of the small cities PAPA forecast.  He said the difference between the two forecasts the Board is considering is that the PSU forecast looks backward and the small cities PAPA forecast looks forward.  He commented that the PSU forecast is based on projecting their history.  He said in that history they lost 124 service employees and almost all of the logging jobs as a result of changing federal policy.  He said the history will not be repeated because those jobs are no longer there.  He said the small cities’ PAPA forecast approved by the Planning Commission recognizes that Lowell now collects SDC fees and has successfully performed a LID so they will have the infrastructure required to keep up with the demand for growth in their community.  He said the small cities PAPA forecast recognizes that Lowell and Lane County are working as partners with St. Vincent de Paul to construct an affordable housing home ownership subdivision in Lowell to the extent that all of the required funding is in place and construction of street and sewer and water is coming up.  He added that they have formed an urban renewal district in Lowell.  He said the issue seems to be shall they forecast based on a history that will not be repeated or shall they forecast considering the changes that are in place and working in Lowell to encourage families to live in their community. He commented that helping Lowell and Coburg by recognizing and supporting their plans is within the Board’s authority and does not hurt any other community or population group in Lane County.  He added the 800 people difference they are talking about in the year 2030 is less than a quarter of one percent of the County’s projected 420,000 population.  He asked the Board to allow them to help themselves by not working against their efforts to attract families and jobs to their community.  He asked the Board to support the PAPA forecast endorsed by the Planning Commission.

Michael Galvin, Lowell, said there are two forecasts for Lowell.  He noted one is based on historical trends and the other is based on current conditions and a more optimistic forward view of things.  He said it is important as a member of the school board that they look not in the past but look forward and provide Lowell the means of encouraging growth so that the school can benefit from the movement of families to the area.  He commented that growth will happen regardless of what the Board does today.  He said growth is better within the confines of the city of Lowell where the infrastructure can be provided and families can move there and enjoy the resources without introducing additional burdens by being forced to develop outside of the city of Lowell. 

Judy Volta, Mayor of Coburg, asked the Board of Commissioners to grant the population approximately 1,000 of the overall numbers so their numbers could be more closely reflected at 3,300 by the year 2030.  She stated that Coburg has been constrained for several years due to being one of the last cities of their size still on septics.  She recalled that they entered into a partnership with Lane County some years ago and the agreed upon numbers to embark on a wastewater project designed by those numbers so they can accommodate the citizens.  She said they have received federal and state money.  She stated that her goal as Mayor is to provide a compact footprint to provide appropriate density and infill to provide an environmentally responsible way of dealing with wastewater issues.  She said they are not asking for an exception for Coburg, but a recognition of where they are.  She noted that Coburg provides industrial land that provides regional jobs. She asked the Board to recognize their particular situation as a regional employer as a small city still on septics that wants to move into an environmentally responsible position and provide services to their citizens.  She added that it is in the best interest of the County to work with them

Jerry Behney, Coburg, stated he is on the Coburg City Council.  He was concerned about PSU numbers in that they have taken the numbers in their Comprehensive Plan to base the design of their sewer line.  He indicated they want a sewer because of the groundwater contamination and the growth and viability of their city.  He said they have had support from federal agencies for grants and loans.  He said they are ready to build but the cloud that hangs over them is a set of numbers and how to pay for it in the future with SDC’s.

Ann Fifield, Eugene, stated that she works for an economics consulting firm called Johnson Reed.  She said they worked with the city of Coburg to develop an independent analysis of population projections for the city of Coburg.  She said they estimated the city of Coburg will grow at an average annual rate through 2030 of 5.3 percent or 3,363 total residents by the year 2030.  She explained the average figure is based on a population increase jumping to 7 percent in the year 2013, one year after the new sewer system is expected to be completed.  She noted that adds about 30 new households per year to the city of Coburg.  She reported that the 7 percent growth rate is just under what Veneta experienced from 2000 to 2008. She noted they grew at 7.3 percent.  She commented that based upon the recent experience in Veneta, it increases Coburg’s population by 2030 by 1,000 residents, over the PSU estimate.  She commented that Coburg is likely to accommodate growth over the next 25 years. 

Don Schuessler, Coburg, said that Coburg is working to modify the population projections to focus on a compromise that has a moderate change in Coburg’s population.  He said rather than insist on a higher rate of population change as forecasted in the adopted Comprehensive Plan, Coburg is seeking a compromise of a less rapid change.  He said there is a long term growth rate of Coburg of 5.32 percent.  He said the resulting population is sufficient and Coburg believes it will support the wastewater system currently under construction and provide the population increase necessary to sustain the elementary school.  He said that the city of Coburg requests the Board adopt a motion that reflects a revised Coburg annual average percent population increase of 5.32 percent and an average annual population percent change for Lane County of .9 of one percent.

Gordon Zimmerman, Oakridge, said the city of Oakridge is satisfied with either the PAPA number developed through the straight line forecasting or the PSU number that gave them a ten percent higher number than the PAPA numbers.  He said they would be happy with either number.

David Clyne, Junction City, said the city of Junction City is satisfied with the numbers as prepared by the PAPA that was presented in the small cities application.  He stated the PAPA numbers they submitted were absent the hospital and prison.  He indicated the primary objective they have had is more toward speed.  He said they believe the accuracy of either process is defensible and sustainable.  He said they were interested in a speedy outcome.  He indicated they are planning to do more infrastructure work.

Mark Shrives, Creswell, said he is also speaking on behalf of the city of Veneta.  He said the cities of Creswell and Veneta accept and are satisfied with the forecast either in the PAPA or the PSU numbers.  He indicated that both cities consider the PAPA as the minimum acceptable forecast to address its needs.  He said the cities of Creswell and Veneta’s primary objective is the conclusion of this process and adoption of the countywide population forecast into the County’s Comprehensive Plan as soon as possible. He said they wanted adoption by June 17.  He added that any later date jeopardizes their Comp Plan.

Mia Nelson, Lowell, asked under what circumstances they would change the PSU numbers.  She said there was no point of having a hearing.  She said they need to prove why the PSU work was inaccurate.  She stated it is about facts. She didn’t have an opinion on Coburg’s forecast.  She thought there might be a reason to change those figures.  She said for Lowell, PSU cut them slack and gave them every benefit of the doubt.  She said the predictions are that Lowell will continue to grow as well as the last four years.  She commented that Lowell claims they will grow three times faster but PSU didn’t agree.

Greg Mott, Springfield, noted the statute requires the Board to adopt figures into the plan for all of the cities within the County.  He said it would be their request that the sentence is revised to state that although not original parties to the application, Eugene and Springfield support the Board’s decision to adopt the disaggregated figures for Eugene and Springfield in Exhibit A into the County’s Comprehensive Plan as part of a complete and fully coordinated County population forecast.  He said they do that without any prejudice toward anything that the other cities are asking for in their PAPA and what the Board may ultimately decide to do with the ordinance.

There being no one else signed up to speak, Commissioner Sorenson closed the Public Hearing.

Vorhes indicated the ordinance in front of the Board has attached Exhibit A, the small city PAPA recommended chart of population forecasts and supportive findings.  He said those could be changed if that is the direction the Board wants to move.  He said in moving the First Reading and setting the Second Reading and Public Hearing, it is important if the Board wants to be in a position to act and adopt the ordinance at the Second Reading.  He added it is important to reflect the Board’s intention on what the substance of the ordinance will look like today so they have read the ordinance with the specific forecasts as to Exhibit A to the ordinance.  He said they could act on June 17.  He added if they have a conversation on June 17, his recommendation will be to hold a separate Third Reading 13 days from there.

MOTION: approve a First Reading to move the population forecast for Lane County, its cities and unincorporated area 2008/2035 forecast prepared by the Population Research Center College of Urban and Public Affairs, Portland State University, as of May 2009 be the basis for their coordinated population and noted as Exhibit A for Ordinance  PA 1255 with the Second Reading and deliberation on June 17, 2009

Fleenor MOVED, Dwyer SECONDED.

Vorhes explained the motion is to use the alternative Exhibit A in the packet, the Rural Comp Plan text and draft of population projections based on the report prepared by Portland State Population Research Center.

Handy thought the PSU figures were a good baseline.  He was reluctant to change the numbers.  He commented that they have a unique situation with Coburg.  He wanted to  know about the commitment and potential modification for Coburg.

Vorhes said it is up to the Board to determine.  He indicated the Board has a proposal with some evidence substantiating a request for a modification for the PSU numbers that would reflect what has been presented in the way of justification and methodology. He said the Administrative Rule does not hold this Board to a precise mathematical calculation for any of the population numbers.  He said it is up to the Board to judge the numbers acceptable or changes could be made with adequate evidence in the record to put forth those changes and corresponding findings that would be adopted by the Board to justify and explain.

Stewart asked if the motion precludes the ability for them to consider the

information given by Coburg with their growth study.  He asked if that needed to be included in the motion for consideration.

Vorhes said they could amend the motion with the change that the Board thinks should be made to the PSU chart.  He asked if there was interest on the part of the Board of amending the motion to reflect the request from Coburg or any of the other cities.

Stewart asked to amend the motion to include the information from Johnson and Reed regarding Coburg.

Fleenor stated that he had no idea who Johnson and Reed were or their qualifications.  He said they would have to minimally emulate the PSU staff with respect to qualifications.  He said if they are going to break apart the study, it would have to be with superior information.

Stewart asked to deliberate with this information and include it in a decision. He hoped Fleenor could o accept Johnson and Reed.  He wasn’t asking anyone to adjust numbers today. 

Sorenson asked if they changed the motion from just the PSU and adding the consideration of the report, it would constitute a major change to take the Coburg numbers.

Vorhes said the Board could direct that staff include in Table 1 alternatives for the cities, as proposed by the city of Coburg, to give them additional time and they would be in the position on June 17 to choose one.  He added that it is not a substantial change as long as what they adopt was there.

Dwyer said the motion is to make the PSU and that portion that mirrors PSU in their report in Exhibit A.  He said Stewart wanted them to consider putting Coburg’s numbers in the report. He said the PSU numbers will have to speak for themselves.  He didn’t want to deviate from the numbers because of the clarity in the discussion.  He said he didn’t want to add Coburg as part of the consideration.

Stewart wasn’t supportive of this process when they started and he does not support it now.  He said it was hard to predict a population in 2030. He indicated that it is a tool for the cities to be able to make their planning and move forward.  He said they are arguing over 1800 people.  He said Coburg wants 1,000 people.  He added that they had 4,200 they based all their plans on for their new sewer system.  He noted they have been through all their public hearings and financing.  He commented that for them to jeopardize all the work is difficult for him to take.  He indicated that it is a fraction of a percent for the next 21 years.  He noted that Lowell is trying to rebuild their town and they are trying to save their school district.  He added that it is a stretch to get to the number they want.  He doesn’t support this decision. 

Vorhes recalled that the original motion was for the Board have the First Reading with the alternative Exhibit A that reflects the PSU population study with the additional calculations as directed by staff to address the Eugene Metropolitan area as the Exhibit A to the ordinance and setting a  Second  Reading and possible action on June 17.

VOTE: 4-1 (Stewart dissenting).

6. CONSENT CALENDAR

A. Approval of Minutes:  None.

B. Assessment and Taxation

1) ORDER 09-6-3-1/In the Matter of A Refund to BBCAF VRC LLC in the Amount of $55,190.32.

2) ORDER 09-6-3-2/In the Matter of A Refund to BHK Enterprises LLC in the Amount of $28,593.79.

C. County Counsel

1) ORDER 09-6-3-3/In the Matter of Amending Chapter 3 of the Lane Manual to Revise the Membership of the Economic Development Committee (LM 3.515).

D. Health and Human Services

1) ORDER 09-6-3-4/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health & Human Services Fees (LM 60.840) Effective July 1, 2009.

2) ORDER 09-6-3-5/In the Matter of Ratifying the County Administrator's Decision Authorizing Submission of a Grant Proposal in the Amount of $716,480 for One-Time, Two-Year Funding for the Community Health Centers of Lane County Under the American Recovery and Reinvestment Act and Accepting Any Resulting Grant Award.

E. Public Works

1) ORDER 09-6-3-6/In the Matter of Awarding Requirements Contracts to Various Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and During Emergencies Caused by Floods, Windstorms, and Other Disasters During the Period of July 1, 2009 to June 30, 2010, Contract No. RM 09/10-01.

2) ORDER 09-6-3-7/In the Matter of Releasing, Dedicating, and Accepting a Parcel of County Owned Real Estate Shown as “1.00 Foot Withholding Strip” of Land Partition Plat Number 92-P0306 as a Public Road (17-03-24-31) (19^th Street).

3) ORDER 09-6-3-8/In the Matter of Releasing, Dedicating, and Accepting a Parcel of County Owned Real Estate Shown as Parcel “A” of Land Partition Plat Number 92-P0306 as a Public Road (17-03-24-31) (Hayden Bridge Road).

4) ORDER 09-6-3-9/In the Matter of Awarding Contract WM 08/09-07 Tri-State Construction Inc., in the Amount of $1,984,077 for Construction of the Phase III Final Closure at the Short Mountain Landfill, and Authorizing the County Administrator to Execute the Contract.

Sorenson said they added two board orders as 6F1 to the Consent Calendar that Garnick presented yesterday.

Stewart asked that item C 1 be pulled off the Consent Calendar.

Handy requested items E2 and E3 off the Consent Calendar.

MOTION: to approve the balance of the Consent Calendar.

Fleenor MOVED, Dwyer SECONDED

VOTE: 5-0.

C1

Stewart asked that this be removed because it didn’t reflect his understanding on what took place by board direction.  He noticed there were six members when he thought Board direction was to give five members to a standing committee.  He asked why they decided to add the sixth person.  His understanding was that Dwyer was going to appoint Janice Mackey and Fleenor was going to appoint Chuck Forster.  He asked why the direction was changed.

Richardson said the department manager was already part of the committee prior to the change.  She noted the Board’s changes to all of the various committees only affected citizen appointments to the committee.  She indicated that it didn’t affect other memberships.  She noted that past practice was to not have an elected department manager on the committee, but the committee itself required an elected department manager on the committee.  She removed that. 

Stewart commented that he wouldn’t be opposed to seven members.  He thought six members were problematic.

Dwyer said he would rather have the committee meet and make the recommendation.

Handy recommended the five committee members give two recommendations to choose from.

MOTION: to approve expanding the members to seven: five positions filled by commissioner appointments, two filled by board order and one will be Chuck Forster.

Stewart MOVED, Dwyer SECONDED.

Fleenor wanted to delete the requirement of one department manager.  He said there is a need to have this committee start meeting immediately.  He asked if they could launch the committee with the changes.

Richardson said with the slight modifications, her staff could have the board order ready.

VOTE: 5-0.

E 3

Handy asked if there was a revenue stream in exchanges for the County in the release of this reserve parcel.

Mike Jackson, Surveyor, responded that these have been going on for a long time. He added that during a platting process, a city jurisdiction that has jurisdiction and planning for that plat, will request a one foot strip to make sure that other parcels can’t use the roadway.  He noted that they ask that through conditions of approval.  He said the developer has to give the strip to the city or the County.  He indicated in this case it was given to the city of Springfield.  He added there are future development plans and the strip was dedicated to a public street.  He noted it goes into the right-of-way and it doesn’t go back to anyone to create a larger parcel.  He recommended not putting a fee to this.

Dwyer thought the County should get compensation for this and the real impacts.

Handy said he was comfortable moving forward.

MOTION: to approve items E 2 and E 3 on the Consent Calendar.

Handy MOVED, Fleenor SECONDED.

VOTE: 4-1 (Dwyer dissenting).

ORDER 09-6-3-13 Making the FFY 2009 Elections for National Forest Secure Rural Schools Land Related Safety Net Payments.

ORDER 09-6-3-14 Making the FFY 2009 Elections for O&C Rural Schools Land Related Safety Net Payments.

Dwyer requested the above to be pulled to explain the letter they received from DeFazio about using the Secure Rural Schools and the Forest Work Camp. He noted the RACS have the money, not Lane County. 

Stewart indicated that he serves on the Umpqua, Siskiyou and Rogue Resource Advisory Committee.  He indicated there are different members from different backgrounds.  He said they review a list of products for the allocated funds.  He noted that Lane County’s Title II equates to about $3.7 million and it is divided between the Willamette, Umpqua, Siuslaw and BLM RACS and citizens and agencies propose projects to the RACS.  He added the members take the funds and allocate the money toward projects.  He said in the past the Forest Work Camp would come to propose projects and now the Sheriff’s Department is proposing projects.  He said there is no way they would fund $3 million of Forest Work Camp operation through Title II money through the RACS.

Garnick understood that DeFazio was able to get approval from the Department of Agriculture to submit a project for a Forest Work Camp as an allowable use of the Title II funds, but there was never any implication that those dollars would have to go to it.

Sorenson wanted a formal response.  He wanted to send DeFazio a letter asking them to open up the Forest Work Camp.

MOTION: to approve ORDER 09-6-3-13 AND ORDER 09-6-3-14.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

7. COUNTY ADMINISTRATION

a. Announcements

None.

Sorenson asked for an update with the city of Eugene and Lane County for the contract that expires on June 30 for the Municipal Jail Contract.

Spartz indicated that he spoke with John Ruiz, City Manager, city of Eugene and the beds are under the control of the Eugene Municipal Court.  He said the view of the city manager is that the Court would not be interested in making any more than trivial adjustments.  He said the options are for the Board to continue the agreement as it is or to notify Eugene that the agreement will be allowed to expire.

Sorenson wanted to invite Captain Hooley to come to the Board in two weeks.  He said some of the commissioners are not happy with what they view as the lack of communication, specifically asking the city to have their inmates brought into the jails subject to the risk assessment. He added that the contract prohibits the Sheriff from placing qualified city of Eugene inmates into work release and electronic surveillance programs.

Fleenor said if push comes to shove, he was willing to shove them out so they can keep Lane County’s bad guys in there.  He said as of July 1, those are Lane County’s beds and they will use them.

Spartz said if the County does nothing, the contract expires and the beds revert to Lane County on July 1.  He added that the Sheriff will need about $800,000 to support those beds.

Sorenson said they could offer half.  He thought they might have to give the same agreement as Springfield.  He said it will cost them less to buy back jail beds.

Richardson indicated that Captain Hooley told her that many inmates start out with mixed charges so there are Circuit Court and Muni Court charges.  She noted the capacity based release on the Circuit Court charges are still held only because of the Municipal Court beds.  She added they are using the beds paid for by Springfield and Eugene to open additional beds for their own use.  She indicated they would be losing not only the 20 beds they pay for but the additional beds unless the Board paid the entire amount.

Fleenor said these are Lane County’s jails and they could keep felons in the hard beds.  He said to think they have 11 misdemeanors sitting there when they are releasing felons makes him sick.  He commented that they have to take a hard look at how they are doing this.  He said it is fundamentally flawed.  He thought they were going down the wrong path.  He said he would be willing to pay $145 per day for 20 more jail beds; he would be willing to pay for them right now to get the whole system kick started.

Stewart disagreed.  He said the city of Eugene is leasing 15 beds and Springfield is leasing five beds.  He said they are buying beds.  He said he heard from the majority of the Board that they don’t want to lease 20 beds to those people any more because they are concerned about the perception that those people are holding misdemeanors.  He was concerned on what is going to take place.  He said they are all in this together and if they are going to create ill will, they won’t get their support to find an answer.

Richardson said according to Captain Hooley, up until six months ago they did assessments on all the Municipal Courts.  She said Brooke Marshall estimated her office would need additional 2 FTE to accomplish the risk assessment on all Eugene municipal offenders. 

Sorenson stated that Spartz will work with the Sheriff and Captain Hooley and Eugene to find some common ground and put the focus on a short term authorization of the contract while they discuss it further.

Spartz said he would continue to negotiate with Eugene, authorizing to extend the agreement on a month-to-month basis while negotiations are taking place and he could notify the Board about the final decision.

b. ORDER 09-6-3-10/In the Matter of Appointing Six Members to the Economic Development Standing Committee (EDSC).

Mike McKenzie-Bahr, Economic Development, recalled that this morning the action the Board took was to create two at-large members selected by the Board as a whole.  He noted the change has been made into the Lane Manual language.  He explained the process has taken a while to get to this point.  He requested that instead of appointing six members that they appoint seven members and get a full EDSC.  He indicated for the at large position, there is a recommendation from staff for Chuck Forster.  He also recommended for the at large position that they add Glenda Poling, Business Development Officer at Liberty Bank, so they have a banker who is dealing with small businesses on the committee.  He spoke with Poling today and she was interested in the position.  He said it would give them the full slate of members instead of coming back to the Board to ask for another member.  He said the recommendation is to have two at large positions with the five appointees made by the individual members of the Board of Commissioners.

Dwyer commented that time is of the essence and is not permanent.  He said they need to sunset this so the committee can choose if they want to continue.  He asked for a sunset for the at-large positions.

Fleenor agreed to add Poling for the seventh person for a one year term along with Forster to get this up and running and then have the committee come back in a year to provide four selections, two each for the position at large.

MOTION: to approve ORDER 09-6-3-10.

Fleenor MOVED, Dwyer SECONDED.

Sorenson understood the motion to be that they would approve the five people they each recommended for appointment and two at large members:  Chuck Forster and Glenda Poling.  He said the at-large members would have a one year appointment and the five commissioner designated members would report back within one year about their recommendations for the then to be expiring positions.  He asked that this come back in ten months. 

Stewart thought they should make the terms end the same time the commissioner’s term ends.

Fleenor supported the amendment.

Dwyer also supported the amendment.

VOTE: 5-0.

c. ORDER 09-6-3-11/In the Matter of Approving Submittal of the Energy Efficiency and Conservation Block Grant Plan and Authorizing the County Administrator to Sign All Grant Application Documents.

McKenzie-Bahr explained that this is an application for a grant.  He indicated that it is stimulus package funding.  He said this is a formula grant the County has been awarded but they have to apply for it.  He added that the award has been announced to counties and cities throughout America and they have to apply twice.

MOTION: to approve ORDER 09-6-3-11.

Dwyer MOVED, Fleenor SECONDED.

Handy asked what the process was for funding  the rest of the grant.

McKenzie-Bahr explained that under item 2, there is a plan of the options of both funds and additional funds that could be applied for to do projects that meet the requirements of the Energy Efficiency Conservation Block Grant.  He said there will be a list of recommendations.  He said they want to do it as a public process. He thought there would be a second round of  the Energy Efficiency Conservation Block Grant awards.  He said they will begin to use the $41,000 to implement that strategy.  He said he will be looking at a matrix to show potential options for energy efficiency and conservation.

VOTE: 5-0.

8. COUNTY COUNSEL

a. Announcements

None.

9. HUMAN RESOURCES

a. ORDER 09-6-3-12/In the Matter of Establishing Pay Grade C66 in the Psychiatrist Classification Compensation Range.

MOTION:  to approve ORDER 09-6-3-12.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0

10. CORRESPONDENCE TO THE BOARD

Letter from Congressman DeFazio Regarding the Forest Work Camp

Richardson said she sent an e-mail out today.  She indicated that Congressman DeFazio was able to get funding under Title II for Forest Work Camps and in work in the forest. He was not able to get it added back to Title III.  She noted that Title II money goes to the RACS and the RACS have to allocate funds.  She recalled the discussion originally was whether or not the RACS would allocate that much of their money to a Forest Work Camp.  She said at that point they were not getting encouraging statements from the RACS that they would put that much money into a Forest Work Camp and it was dropped at that point.

Sorenson wanted a letter to be brought back in two weeks to giving the explanation.

11. COMMISSIONERS' ANNOUNCEMENTS

Fleenor announced that he will be on KPNW at 7:12 a.m. tomorrow morning.  He and Handy will be at the Rubicon Society tomorrow.

12.  EMERGENCY BUSINESS

None.

13. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(h) for the purpose of discussing potential litigation, per ORS 192.660 (f) for the purpose of discussing personnel matters; and per ORS 192.660 (2)(d) for the purpose of conducting deliberations with labor negotiators.

14. OTHER BUSINESS

None.

There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 4:00 p.m.

Melissa Zimmer

Recording Secretary