May 11, 2005

following Board of Health Meeting

Commissionerís Conference Room

APPROVED 8/24/05


Commissioner Anna Morrison presided with Commissioners, Bill Dwyer, Bobby Green, Sr., Peter Sorenson and Faye Stewart present.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.


PUBLIC HEARING AND ORDER 05-5-11-1/In the Matter of Adopting Class Special Procurements and Exemptions to Formal Bidding and Other Rules.


Dorothy Cummings, HACSA, explained that these were the same exemptions that the County already adopted.She noted the Board had seen most of the material while residing as the local contact review board for the County.She said before the HACSA Board could adopt the modifications to the Housing Authority statement of Policy, they need to have those special exemptions adopted.She added that any modifications that donít match up with Chapter 20 and 21 of the Lane Manual are noted in the board order and in the changes to the HACSA statement of procurement policy. She noted that it restates the executive directorís authority to declare emergencies, terminations and other items that are listed in the board order.


Morrison opened the Public Hearing.There being no one signed up to speak, she closed the Public Hearing.


MOTION:to approve ORDER 05-5-11-1.


Sorenson MOVED, Stewart SECONDED


Dwyer stated he would vote in favor of this.He didnít think the public was well served without competitive bidding.


VOTE: 5-0.




There will be a Legislative Report. 




Jenetta Overhaulser, Cottage Grove, reported that she was with two others from the Humane Society of Cottage Grove.She stated there was a horse that almost starved to death on London Road.She said they had been in contact with Lane County Animal Regulation Authority, and indicated it had brought to light problems with LCARA.She said that neighbors kept calling LCARA after she first contacted them expressing concern.She noted that on a Friday at 3:25 p.m., an officer came out and observed the horses and stated there would be a management plan done.
She noted that someone from the Sheriffís Office was called and on Monday an officer came out and the horse was euthanized that day.She was concerned and hoped the problems would be addressed.


Zachary Vishinoff, Eugene, read a resolution that his neighborhood association passed about Mac Court.He noted there were other organizations that have endorsed the resolution.He wanted to form an interagency forum to discuss the need for an arena.


Natalie Cooper, Cottage Grove, stated that she has had a lot of large animal experience and her concern is the timeline between the initial contact to the time the Humane Society of Cottage Grove contacted LCARA, which was 10 days later. She commented that when a horse is starving, ten days is too long.She indicated Officer Perkins sent back an e-mail after the initial contact on March 14.She said it takes a long time for a healthy animal to starve to death without having a veterinarian looking at it.She commented that there is lack of communication between her agency and LCARA.


Green wanted a report from LCARA.He was more concerned about enforcement.He wanted to hear what happened to the owner of the horse.


Karen Jarret, Cottage Grove, stated she is on the advisory board for the Humane Society of Cottage Grove.She said they had people with horse trailers ready to rescue the horse, but they didnít have a legal right to rescue the horse and needed to have someone from the County do it.She said they wanted to help but legally they couldnít.She added that this was the third time a horse starving had taken place in Cottage Grove.


Morrison indicated that staff would be back to explain the circumstances and the parameters.


Jim Gillette, Eugene, passed out his testimony.He noted that he lost a court case because the judge said it didnít matter if the fine was justified or not, he didnít exhaust the appeal.He said he is now appealing it.He said he would walk away if anything he says is a lie.


Suzie Bittel, Lowell, reported she called LCARA about a horse starving in Springfield and no one has gone out to investigate.


Phyllis Salser, Mapleton, said she is concerned about the dock ramps on the Siuslaw River.She wanted a fair figure for their docks and pilings.She commented that extreme fees for pilings is unreasonable.She thought that grandfathering docks was a more reasonable way of doing things.


Terry Saubert, Mapleton, said his concerns are about the dock.He noted that his family has lived on the Siuslaw River since the 1800ís.He noted there has been a dock on the property since the 1900ís.He said with Lane Countyís new set of rules and fees for dock registration, he could be charged in excess of $5,000, with no guarantee of his dock being in compliance.He said that some of his neighbors received notice that they were in compliance, but they will be charged for the County processing fee and a state registration fee.He added that some people were found to be in compliance that didnít have a dock at all.He noted that some people received pictures of other peopleís docks instead of their own.He said Lane County is seeking money but has no consideration for the consequences that follow.He said he has to take his dock out because he cannot afford the fees.He thought the only fair thing for Lane County to do was to accept the grandfathering of the dock.


Jim Bozarth, Mapleton, said he started the registration of his boat dock in 1998 but did not hear back from anyone for five years.He said the delay in registration with Lane County resulted in a large jump in fees through no fault of his own. He commented that Lane County planning was unprepared for the registration process.


Sue Bozarth, Mapleton, represented the Mapleton Dock Committee.She said they have been committed to fact finding and educating themselves on the history of the river docks.She said they are in the process of designing a handbook of easy-to-follow guidelines for future dock owners and land use planners.She said the Mapleton Dock Committee formally requested a place at the table for the June 1 work session.


Keith Ellingson, Florence, discussed the parcel of land that was given to Parks.He objected to it going to parks.He asked that the land be kept as parkland and open space and not be sold.


Chris Ellingson, Florence, was against the sale of the Glenada Dunes.She commented that it was not just a pretty view but also a historic view and the symbol of Florence.She requested a public hearing before this land is sold.


Sorenson asked that this property be taken off the tax foreclosure list and not be for sale.


Morrison noted they were waiting for an appraisal and that was the direction that was given to staff.. She said until they have that appraisal, they have no idea what the value will be because the property has some limitations. 












a. ORDER 05-5-11-2/In the Matter of Ratifying the FY 05-06 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC).


Susie Smith reported that the MWMC approved their budget on April 21.She noted that the City of Eugene Council ratified the Budget and CapitalImprovement Plan on May 9.She said in Springfield they have made a presentation to the Budget Committee, and Springfield will ratify the Budget and Capital Improvement Program as part of the city budget adoption in June.


Smith explained that the budget proposed and approved by MWMC for FiscalYear 05/06 continues the same efforts forward as last year.She said the commission adopted its five key outcomes that staff used to establish their budget and work plan.She said the operation budget that includes the Eugene operation and Springfieldís administration portion is about $12.66 million this year. She noted it was up nine percent over last year overall.She indicated that on the personal services, the overall combined staffing moved from 84.41 FTE to 86.85 FTE.She noted that half was as the result of reallocation from the review and 1 FTE for the biosolids program.With regard to the Springfield side, she reported that there is a .3 FTE increase due to the reallocation of resources.She noted where Springfield found a deficit this year was in the pre-treatment program.She said with the increase of emphasis on financial planning and funding and rates and capital improvements, their pretreatment program had dropped off at the same time the demands had increased.With regard to wages, she said they were looking at between a 2 and 2.9% increase between Eugene and Springfield, based on the various labor union contracts.She said health benefits, insurance and PERS make up the remainder of the increase.


With regard to materials and services, Smith said the overall budget increase is about six percent, but overall in Eugene, operations-wide they are seeing the biggest increases in costs of chemicals and increased volume.She added there was an increase for components and parts for general upkeep.She noted the primary drivers for increases in Springfield are one-time contractual service costs and some modest increases in ability to increase public information and education efforts.


Smith indicated that on the capital budget side, the capital improvement program is a continuation of implementation of the facilities plan that was adopted in 2004.She noted that the capital budget carries over about $16 million of projects that are underway under engineering design planning and this year will carry forward about $20 million in new projects added to the list next year.With equipment replacement by Eugene, they are looking at a budget of $750,000 worth of work.


Smith noted the significant difference in their budget from last year is assuming an issuance of revenue bonds in the fall of about $31.5 million.The issuance would fund multiple years of capital improvements of $3.1 million to set aside for revenue bonds.She added that amount had been set by the financial advisor, assumes user fees at over $16 million, based on a six percent rate increase that the commission set out in multi-year plans, starting last year, to provide for the capital improvement programs.She said the operating reserve is 10%, and the working capital reserve remains stable.She added that the new reserve was the revenue bond reserve.


MOTION:to approve ORDER 05-5-11-2.


Stewart MOVED, Green SECONDED.


Morrison did not support the motion.She wasnít sure how the litigation would come out.She asked what would happen if they lose the lawsuits.


Smith explained there are two sets oflawsuits, SDC lawsuits and the facilities that are at the Land Use Board of Appeals.She noted the LUBA lawsuits are procedural in nature.She said the Home Builders had stated their facilities plan is a land use plan and should have gone through the area planning commissions.


Morrison asked what would happen if they didnít move forward--if there would be an impact on the budget.


Smith said the IGA changes are needed in order for the commission to issue revenue bonds.She said if the commission does not become authorized to issue revenue bonds, they would need to do a supplemental budget and rate action in order to provide for the cash needed to meet the capital improvement program requirement.She said they would be looking at a supplemental user rate action before the commission and the two cities.She noted the gross estimate on an annual basis would be the six percent increase that would accrue, but they would be looking at a 65% rate increase.


VOTE: 4-1 (Morrison dissenting).




a. Announcements






a. ORDER 05-5-11-3/In the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Decision Affirming the Planning Director's Approval of a Special Use Permit and Determination Regarding a Firearms Training Facility in the Impacted Forest Lands Zone (PA 03-6300/Izaak Walton League).


Jerry Kendall, Land Management, explained that the Planning Director rendered his decision approving this facility in October, 2004.He said it was appealed and the Hearings Official affirmed the decision in March, 2005.He indicated that it was based on a state law that they both interpreted to grant an amnesty to fire arms training facilities that existed as of September, 1995.He said the Board is to decide whether to hear the appeal based on the items in Lane Code Section 14.600: the issue of countywide significance, will it reoccur with frequency, is there a need for policy guidance, is there a unique environment resource involved, and does the Planning Director or Hearings Official recommend review.He indicated that staffís suggestion with that is negative.He recommended that the Board not hear the appeal, let it proceed to LUBA and if the appellants wish to further their appeal (the way the order is constructed), that the Board would affirm the Hearing Officialís interpretation of state law.


MOTION:to move to affirm the staff recommendation for ORDER 05-5-11-3.




Stewart asked if this facility had been operating under a conditional use permit legally.He asked why they were reviewing this again.


Kendall responded because there were nuisance complaints from the neighbors and there were allegations of expansion from the original permit from what was approved and that the nature of the use had changed.He indicated that in order to clean it up, the League came in and made this application.


With regard to changes in firearms, Stewart asked if they needed to upgrade the facility.


Kendall stated it was the ownerís responsibility. He noted in the original application they had both a handgun range and a rifle range approved and that hasnít changed.He said they donít regard the caliber change as a land use issue.


Sorenson favored Option 1, to hear the appeal.He thought they would be able to understand the preemption or grandfathering component.He didnít think this was a good motion because it proposes to not hear any of the argument and to expressly agree with the Hearing Officialís interpretation of the state law.


Green supported the motion.He said there was an appeal process at LUBA and if they feel strongly about the nuisances and complaints, they could see what LUBA does.


VOTE: 4-1 (Sorenson dissenting).




A. Approval of Minutes:

October 13, 2004, Regular Meeting, 9:00 a.m.

October 13, 2004, Regular Meeting, 1:30 p.m.

April 5, 2005, Work Session, 9:00 a.m.

April 6, 2005, Regular Meeting, 1:30 p.m.


B. County Counsel


1) ORDER 05-5-11-4/In the Matter of Amending Chapter 3 of the Lane Manual to Revise the Number of Members Appointed by Lane County Bar Association to the Law Library Advisory Committee and Length of Term for Lay Citizen Members (LM 3.542), and Approving Bylaws.


2) ORDER 05-5-11-5/In the Matter of Amending Chapter 60 of the Lane Manual to Revise Law Library Fees (LM 60.865).


C. Health and Human Services


1) ORDER 05-5-11-6/In the Matter of Updating the Board and Transferring $26,374 from Rural Clinic Contingency Account Within General Expense to H&HS General Fund as Approved in Budget Adoption for Expenses Related to Operation, Closure, and Planning for Continuation of Public Health Services in Rural Lane County.


D. Management Services


1) ORDER 05-5-11-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Wm. Mark Immel and Patricia A. Immel for $4,000 (Map19-11-30-30-00201, Across from 83065 Siltcoos Station Rd., Weslake).


E. Public Works


1) ORDER 05-5-11-8/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During the Fiscal Year 2005-2006, Contract No. 05/06-M&S-52.


2) ORDER 05-5-11-9/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Asphaltic Mix Patching Material Needs During the Period of 7/01/05 to 6/30/06, Contract No. 05/06-M&S-53.


3) ORDER 05-5-11-10/In the Matter of Authorizing an Extension of Time to Exercise an Option Concerning Tax Lot 17-03-25-13 00500.


F. Board of Commissioners


1) ORDER 05-5-4-3/In the Matter of Supporting the Mission and Efforts of "Communities for Healthy Forests."


Sorenson asked for D. 1) andF. 1) to be pulled.


MOTION:to approve the balance of the Consent Calendar.




VOTE: 5-0.


F. 1) ORDER 05-5-4-3/In the Matter of Supporting the Mission and Efforts of "Communities for Healthy Forests."


Sorenson stated he reviewed the information about the communities for healthy forests.He said there was no connectionto Lane County, but to Douglas County.He added this resolution is for them to get additional funding.He did not plan on voting for this.


MOTION:to approve ORDER 05-5-4-3.


Green MOVED, Stewart SECONDED.


Green didnít think that Sorenson would support it.Green supported the motion.


Stewart was in support of this as they need to be good stewards of theland.


VOTE: 4-1 (Sorenson dissenting).


D. 1) ORDER 05-5-11-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Wm. Mark Immel and Patricia A. Immel for $4,000 (Map19-11-30-30-00201, Across from 83065 Siltcoos Station Rd., Westlake).


MOTION:to approve ORDER 05-5-11-7.




Dwyer commented that this was not on the tax rolls.He thought it had a minimal value.He said it doesnít have access to a lake.He indicated it was designated in the inventory as being wetlands.


Sorenson had no problem with selling the property.He asked why they didnít designate this a park property so Lane County would get more than $50.He said if they go ahead with this, Lane County gets $50 and the other taxing districts get $3,950.


Dwyer asked if they could designate this for park property by ordinance.


Turk responded that they would have to do it by board order each time they want to designate a specific property as parklands.


Stewart asked how much would be disbursed out of the $4,000 to other entities.


Turk explained that throughout the course of the fiscal year, the property management program sells property for a certain amount.He added at the end of the year there are expenses so when the accounting is done, the revenue less expenses and whatever is left gets disbursed to the taxing districts.


Stewart asked if the Parks would see any more money if they sold it for $4,000 or if there were fees.


Turk said there would be publication costs.


Green asked if this property had a higher value as parkland.He noted that the people who want to buy it know that the property couldnít be built on.He didnít see the value to convert it to parkland.


Sorenson commented that they had the ability to capture ten times as much revenue for the benefit of the county taxpayer if they were to designate this as park property.He thought if they did that on a recurring basis, they would have money for their parks.


Van Vactor suggested that Todd Winter, Parks, come back and explore the incremental approach, considering 80 parcels vs. a series of 2.45. He thought they might be able to get more money.He suggested that Winter speak to the board again


The item was pulled, to be taken to Parks to discuss looking at different parcel sizes in the pilot program they are experimenting with.


Turk didnít want to bring one of these back every time it occurs.


Dwyer commented that they need to recognize a portion of the money goes towards the department to cover Turkís costs.


Morrison indicated that this matter would be tabled.She said it would come back with a discussion from Todd Winter on how they are going to look at properties in the future.








Green announced that CVALCO was having their 25th anniversary celebration this evening.


Stewart announced that tonight was the 50th anniversary dinner for McKenzie-Willamette.With regard to LRAPA, he stated they were moving forward in finding a new director.


Morrison announced that on Saturday is the Junction City Fishing Derby.She noted that next Tuesday there would be a Tsunami Workshop in Florence.


12. EXECUTIVE SESSION as per ORS 192.660






Legislative Report


Tony Bieda, Intergovernmental Relations Manager, explained that the funding provided by the state affects the Veteranís Services officers and offices statewide, including the amount to Lane County.He noted there are two bills in the legislature that would provide additional funding for Veteranís Service officers.He said it would be about $2 million statewide.He added that there is a provision that had been amended into the bill that would require that the counties not supplant the new money they would receive from the state with any type of county general fund contribution.He said they wanted to give the legislators written communication.


Morrison noted this was discussed in Salem on Monday about concerns and impacts to counties and the flexibility with the general fund.


Green supported the letter.He thought it was irresponsible for the state not to allow counties to utilize the money.


Dwyer was in favor of sending the letter that would ask to amend the language to give themthe greatest flexibility.


Morrison agreed to go forward with the letter.


Sorenson was in favor of sending the letter.


MOTION:to move to send the letter.




VOTE: 5-0.


There being no further business, Commissioner Morrison recessed the meeting at 11:55 a.m.



Melissa Zimmer

Recording Secretary