July 12, 2006

following HACSA

Commissioners’ Conference Room

APPROVED 8/15/06


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




Item 5. c. is a resolution, not an order.  Wilson reported the Board has an order and a first reading of an ordinance that was handed out under 5. a. in place of the ninth reading of Ordinance No. 1-06.




Fred Merten, Eugene, spoke on the grant proposal through ODOT that would locate a sidewalk along Hyacinth Street in front of Irving School.  He indicated that this has been an issue since 1967 when the school was building in that location.  He said there are now 450 students and there is traffic to and from school in the morning and afternoon.  He said he was the former principal and there had never been an incident there.  He thought for them to have an opportunity to have 80 percent paid through a grant helps the County and the homeowners affected.  He added that 80 percent of the homeowners would be in favor if the grant were involved.  He thought this should be approved.


Jim Hale, Eugene, congratulated the Board on the unanimous action regarding the income tax measure.  He said one of the problems of referring the ordinance with the charter amendment is that if they vote against the charter that they could avoid paying new taxes in Lane County.  He said that was untrue.  He said connecting the two makes them confusing.  He thought they left in the $10,000 and $20,000 exemption.  He thought they needed to look at changing the rate or eliminating the exemption, as it would be more complicated.


Sorenson thought the agenda team should have a briefing in November after the election to see what happens with the Secure Rural Schools Act.  He said once the voters and congress make their decision, they might have to start paring down the budget.


Van Vactor suggested having the Leadership Team meeting in November.


Hale thought they needed to make it clear in the campaign about the two percent cap.  He said they needed a positive statement in the voter’s pamphlet so people have a clear warning.


Van Vactor requested that Budget Analyst David Garnick do an analysis at two percent with the exemption between $10,000 and $20,000.


Charles Moss, Eugene, asked how the taxes would be collected.


Van Vactor responded the County would contract with the City of Portland.


Moss noted they would raise $65 million and $23 million would go for public safety. He asked where the other $42 million was going.


Stewart explained in the general fund they pay $40 million to public safety.  He said they would remove those services out of the general fund and create a new public safety service.  He said with the $23 million of new services and the $40 million needed to pay for the public safety services that would be the money generated from the income tax.  He said they would be giving back approximately $20 million in property tax relief and the other $23 million from the federal government and the Secure Rural Schools Act.  He noted they would be moving that out of the general fund and paying for the services.  He said they are going to ask citizens for new dollars in the amount of $23 million.


Joellen Sanderson, Eugene, asked questions about the tax measure.


Joseph Verna, Junction City, indicated that Frank Simas, the Lane County Surveyor and six residents went down the “as traveled portion” of Templeton Road.  He said Simas had gone out with Commissioners Green and Stewart and Simas was under the impression that the residents were asking for a road to be brought up to County standards.  He said the residents were not asking for a road to be brought up to County standards.  He stated the residents were not asking for any County expenditure on the road.  He said the “as traveled portion” is 100 percent passable.  He noted in case of fire there are two exists.  He indicated there are ten residents on Templeton Road and 84 mailboxes on High Pass Road.  He said the fire department had no objection.  He said there are 300 people who live around the road.  He commented that if the road were vacated, the key would go three miles away to the Templeton household.  He said currently the key resides with the residents in the immediate area.  He commented that once they give away the road, the gates go with the road.  He said the posts are already in for the relocation of the gate.    He said the people on High Pass Road are not aware that it is a potential fire evacuation location.


Ann Verna, Junction City, said she has lived on the street for 35 years and they walk the road.  She said they have to keep control of the gate so if the road were vacated they wouldn’t lose the key.


John Dodge, Junction City, said the road is private property and should be on the other side of the hill.   He said there wasn’t supposed to be a road in front of his house that the County maintains.  He supported Option 2, to vacate between the property lines that the Templetons own because they hadn’t done anything to the road in over 20 years.  He said the reason the Vernas have the key is because Templeton gave them the key. 


Zachary Vishinoff, Eugene, thanked the Board for the way they solve problems. He asked Morrison if the park deal was a bad deal.


Morrison said she knew where the parcel was for the park.  She knew why the park was closed.  She was comfortable with the action moving forward.


Amy Pendell, Creswell, read the response from Attorney Willis regarding the information the neighbors collected on the Bernheim property.  She said the Bernheims never denied any of the information that was conveyed to the people via affidavit.  She said there were affidavits from the real estate agents that sold the property that conveyed it wasn’t sold, it was an option agreement and neither one was present during the option agreement negotiation.  She noted a Rick Harveck had a prospectus from Frontier Resources to cut the timber.  She wanted to know why Bernheim had told people that he had sold the property and why the amount it was sold on the MLS listing was different than was listed and why it said it was a cash deal.












a. FIRST READING Ordinance No. 6-06 Amending Chapter 4 of Lane Code to Add Provisions for a Lane  County Public Safety Income Tax, to Adopt Administration and Collection Provisions, To Renumber  Differential Tax Provisions, and to Set an Effective Date (LC 4.500 through 4.571).


MOTION: to approve a First Reading and setting a Second Reading and Public Hearing for July 26, 2006 9:00 a.m. for Ordinance No. 6-06.


Green MOVED, Stewart SECONDED.


Stewart questioned the deductions.  He noticed it was still at $2,500 and $5,000.


Wilson responded this was the page that came out of Ordinance No. 1-06. That was an option page at the end. She noted the only thing being changed on the page is the income tax rate.


Sorenson asked what the tax rate was from.


Wilson responded that it was from one percent to 1.4 percent.  She recalled on Monday, they passed 1.0 percent.  She said at the time the Board indicated the Board wanted it to be at 1.4 percent. 


VOTE: 5-0.


ORDER 06-7-12-16 Amending Order No. 06-6-28-10 to Revise Ballot Title Question to Reflect the Income Tax Limitation Charter Amendment


Wilson said in handing out the ballot title to Elections that they had left in the word “rainy day” in the question.  She said that under the Lane Code there is a five-day period between referral of the charter amendment and the due date for the ballot title.  She said they have the opportunity to correct that.


MOTION: to approve ORDER 06-7-12-16.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.


b. RECOGNITION/Recognition of Kennel Clubs.


The Board recognized the Eugene Kennel and Cascade Kennel Clubs.


c. REPORT BACK/Public Information Plan Progress.


Melinda Kletzok, Public Information, explained the “Working for You”
initiative is up and running.  She said they have reached 18 urban and rural communities.  She noted they had contacts with 530 people and they have 11 more presentations scheduled.  She sent a DVD  “Working for You” to the Board and E-mail signatures for all staff.  She added they have a “Working for You” public service announcement in Spanish and an Internet site.  She noted they have just done the fourth edition of the employee newsletter Working Connections.  She indicated there would be a “Working for You” presence at the Lane County Fair.


Morrison wanted to know if they are answering questions employees have.


Kletzok said they would do follow up meetings and surveys.


d. ORDER 06-7-12-1/In the Matter of Appointing Commissioners as Voting Delegates for the National Association of Counties Annual Meeting.


MOTION: to approve ORDER 06-7-12-1.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.


e RECOGNITION/In the Matter of Awarding Peder Allison, LMD, a S.A.V.E. Award of 4 Hours of TM and John McCune, MS Facilities, a S.A.V.E. Award of 4 Hours of TM.


The Board recognized Peder Allison and John McCune for their S.A.V.E Award proposals.


f. DISCUSSION/Participation in the Annual Blackberry Jam Festival Parade.


Stewart reported that the Blackberry Jam Festival is July 28-29 and they have prepared a covered bridge float that will be in the parade on Saturday at 11:00 a.m.  He added on Friday Jul 28 they would be dedicating the coin for the Lowell Covered Bridge.  He noted that Peter DeFazio was also invited.


g. REPORT BACK/Policies & Procedures Report  - Courthouse Plaza.


David Suchart, Management Services, recalled that the Board had asked Policies and Procedures to examine a number of issues regarding use of County property.  With regard to the Wayne Morse Free Speech area, he is still working on that to include cameras.  He said he is in communication regarding the ongoing presence of law enforcement officers at various times.  He brought back the rules that will be included inside the policies and procedures for the section referring to the Wayne Morse Free Speech area regarding electricity.  He said they would issue permits as they will for any County facility.  He standardized the form.  He said the people using electricity will pay the fee for the electricity and leave a deposit.  He said the deposit will be refundable, but the fee would be kept.  He said they have improved the electricity by being able to program it. He is moving ahead to turn the electricity on using the permits under the rules in Section D.


Dwyer asked if they had to make amendments and put it on the Consent Calendar.


Wilson explained that the Administrative Procedures Manual is adopted by the County Administrator.  She noted that Suchart was showing the Board what he is proposing to the County Administrator for adoption.  She said the Board does not have to take action.


Green indicated that he responded to Senator Wyden’s letter to let him know there would be a report back from Policies and Procedures.  He noted that this was not a federal issue.  He told them he thought the Policies and Procedures Committee would make a favorable recommendation to the Board regarding restoring electricity.  He added it wasn’t only about electricity but the other issues that were taking place.




a. Announcements


Van Vactor discussed the AOC courthouse survey.  He noted there was an earlier survey that David Suchart filled out.  He noted the AOC courthouse survey is a more policy level survey.  He suggested having Suchart produce a first draft and they will put it back on the agenda for the Board to review.




a. ORDER 06-7-12-3/In the Matter of Authorizing the County Administrator to Sign a FY 08-09 Bicycle and Pedestrian Grant Application to the Oregon Department of Transportation (ODOT) for Sidewalk Improvements on Hyacinth Street, Between Irvington Drive and Calla Street, in the Vicinity of Irving Elementary School.


Celia Barry, Public Works, indicated that current principal Brian Flick was not able to attend as he was out of town.  She said that Flick had been working with them to see if they could apply for this grant.  She indicated that they were asking to apply for the grant, not to address the issue of assessments.  She noted it is for sidewalks on the west side of Hyacinth, 2/3 miles long.  She said because of the short distance, it would be difficult to spread the cost out to each property owner.  She asked the principal to see what type of support there might be for the project.  She reported that if all the assessments were waived, 2/3 of the 24 property owners would support the project.  She added if there were any assessments, some of them said no or they were undecided and it would depend on the cost.  She stated if the grant were successful, they would be back to ask to waive 100 percent of the assessments.  She noted the grant will pay for 90 percent of the project costs and the other 10 percent could be paid through a soft match in engineering that they would propose come out of the road fund.   She indicated that it would be labor for design and engineering and the Home Rule Charter in Section 92 allows for that.


MOTION: to approve ORDER 06-7-12-3.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


b. DISCUSSION/Long-Range Planning Work Projects and Revenues During the Fiscal Year 2006-2007 (NBA & PM 6/21/06).


Jeff Towery, Land Management, reported the additional money that the Budget Committee dealt with is not in this work plan, only the $170,000 that was approved by the ED Standing Committee.


Green asked whose work plan this was.


Towery responded this was the work plan requested by the Board.


Kent Howe, Land Management, explained as a result of an earlier meeting and discussion, they had revised the proposed work program. He said they changed the scope of some of the projects and suggested additional projects.  He said this provides for discussion of the metro planning issues, the Ballot Measure 37 staffing issues and the narrowing of the scope of the overhaul of Chapters 10 and 16 to just housekeeping.  He noted on June 30 LCDC directed their staff to amend the rule requirements for specific minimum lot sizes in the commercial and industrial zone and now Lane County doesn’t have to do that task. He indicated they have to do the mandated periodic review requirements related to dredge disposal sites and the Cultural Resources Management Plan Study.  He reported that they need to amend the code to comply with the legislative updates to the codes from the statutory changes that are incurring in the 2003/2005 session plus court decisions. He noted the GIS, E-government and airport planning projects still need to be done. He said they had identified more projects than the $170,000 allocated under the video lottery funding.  He wanted the Board to focus on the priorities and not the funding source.


Dwyer asked if rewriting Chapters 10 and 16 qualifies for video lottery dollars.


Towery responded that they made that presentation to the ED Standing Committee and the Board.   He said they have $385,000 in long range planning projects that would be eligible for video lottery dollars.  He noted the Board and the standing committee had only approved $170,000.  He asked the Board if there were projects they wanted them to do, not using video lottery dollars.  He added there is the flexibility to do that and still have an adequate allocation from the ED Standing Committee’s work to use up the $170,000.  He said if they don’t want video lottery dollars to be spent on Chapters 10 and 16 or Ballot Measure 37, they could pull those projects from the work plan.  He added they could be directed not to use video lottery money to support those projects.  He stated they still have eligible work to utilize the allocation.


Green asked what the consequences would be.


Towery responded that they have adequate funding through the long range planning surcharge, video lottery and the grants they identified. He added they could use long-range planning surcharge dollars to do those projects and not tap video lottery.


Green asked how staff determined that these were the priorities they wanted them to look into.


Howe indicated the determination was from the Lane County Planning Commission, updates by the legislature, statutes, rule making and court decisions. He said the mandates in their periodic review work program have been adopted by the Board on projects that are ongoing.


Dwyer was concerned with the source of money.  He didn’t want it coming from video lottery money and he didn’t want it to backfill other programs.  He commented that video lottery is for economic development.


Morrison recalled on their original list it showed the community wildfire protection plan for $16,829.  She said that was coming out of Land Management development fees.  She noted that out of Title III funds for the $150,000 request, they were just given $55,000.  She added that she wanted the $55,000 to go for the same thing.  She explained that money is to go as an education piece that was in the original proposal.


Dwyer didn’t want to work on something unless their partners wanted to do it. 


Van Vactor commented that sooner or later their partners would want to process some metro plan amendments and instead of automatically scheduling it, he recommended bringing it up with other issues.


Morrison asked where they are with the Middle Fork Willamette Watershed.  She hadn’t seen it come forward.


Howe said the reason the Board hadn’t seen it was the challenge Goal 1 raised the issue of commercial and industrial zones not complying with the rule that requires a specific minimum lot size in those zones.  He recalled on June 30, LCDC directed staff to change the rule to eliminate the language.  He said in 1996 the rural residential rule came out and set the minimum land division size at two acres.   He said for commercial and industrial lands in 1998 and 1999, the rules came out and didn’t distinguish the types of uses that were urban and rural.  He said it is now 35,000 minimum for commercial and 45,000 for industrial.  He said that set the standard and they forgot and left in a specific lot size.  He noted that LCDC has directed their staff to remove that language from the rules. He said they will comply with the rules and they could move the plan amendments and the Willamette watersheds on through.  He thought it would take place this fall.


Dwyer wanted the Measure 37 and Chapters 10 and 16 out of video lottery dollars. He wanted items that qualified for economic development be given the funds.   He commented some items are not economic development, they help with planning.  He wanted outputs and outcomes.


Morrison asked since they had already allocated for the long range-planning surcharge, what would go off the list.


Towery said the projects that went through the ED Standing Committee total about $385,000.  He said they had already built in the $215,000 difference out of the long-range planning surcharge.  He said if the Board doesn’t want to work on a couple of projects to not charge to video lottery, they will use more video lottery for the other projects and shift the long range planning projects surcharge.  He commented that the funds are there without having impact on the other projects.


MOTION: to do the work plan for those projects that are appropriate. 


Green MOVED, Stewart SECONDED.


VOTE: 5-0.


c. FOURTH READING AND DELIBERATION/Ordinance No. PA 1231/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agricultural" to "Marginal Land" and Rezoning of That Land From "E-40/ Exclusive Farm Use" to "ML/SR" ("Marginal Land With Site Review"), and Adopting Savings and Severability Clauses (file PA 04-6092, Dahlen).


Jerry Kendall, Land Management, recalled that during the original public hearing, the Goal 1 coalition submitted an extensive document that the applicant later addressed through submittal of new evidence that required a third reading. He said only the Goal 1 Coalition took the opportunity to submit information.  He noted the applicant did not request a revised rebuttal.  He indicated what is in front of the Board is the applicant’s findings and the latest version of the staff’s findings and a comparison document that shows the changes from the original findings staff proposed at the second reading.


Kendall explained there were two differences in the staff’s recommended findings provided yesterday and the applicant’s findings that are attached to the supplemental memo of July 10.  He said there is a point of disconnect between staff and the applicant in the argument on how far one looks in reviewing the income standard.  He said the applicant’s agent is advocating the contiguous property or if there are opportunities and that staff is advocating at looking at non-contiguous properties.  He said the applicant brings in the concept of looking at farm or forest activities of the owner during the five-year period all over the world.  He commented that staff didn’t want to go that far.  He said staff recommended that the Board choose to allow staff to look at non-contiguous properties. He said the applicant had bolstered their findings from the original second reading findings regarding the issue of addressing Ponderosa Pine and other merchantable species.


Kendall said the Goal 1 Coalition wanted current prices for logging used and there was discussion on using cumulative mean annual increment growth instead of the 50-year harvest cycle.  He said they wanted more documentation on the farm and forest income during the five-year period.  He recalled that was satisfied by staff by the provision of affidavits.


Kendall noted the opposition did not accept the professional forester’s methodology concerning forest productivity, they wanted more information on productivity of all merchantable forest species, not just Douglas Fir.  Kendall said the applicant had his onsite forester visit the site and conclude that because of thin soils in some areas, the bottomlands along drainages couldn’t withstand a full stocking as the opposition claims it might.  Kendall noted that following the Board guidelines issued in 1997, the applicant had addressed the 50-year cycle, using 1983 timber prices.  He added they hired a qualified forester to do an onsite review and got the appropriate affidavits concerning farm and forest income.  He added they also hired a soil scientist to collaborate the forester’s observations of the soils.  He said this type of methodology was supported by LUBA and staff thinks it would withstand a challenge to LUBA.


Kendall indicated that staff’s recommendation is for the Board to adopt the revised staff findings that are attached to yesterday’s supplemental memo.


MOTION: to adopt Ordinance No. PA 1231.


Green MOVED, Stewart SECONDED.


ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting).


d. ORDER 06-6-14-8 AND DELIBERATION/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-6581, Bernheim) (NBA & PM 6/14/06).


Howe recalled the Board heard the Bernheim claim on June 14.  He said they left the record open for additional information to come in and the Board received that information.  He noted there was evidence in the record that appears that the tax lots were sold.   He said they have the deeds.  He said it appears they have the date of acquisition and who the current owners are.  He added the issue of the option is before the Board.  He said the option appears that it could be exercised at any time by the purchaser, it doesn’t have an expiration date and it comes down to the Board’s opinion on whether the option agreement has the effect of a new owner on a Measure 37 claim or not.


Van Vactor indicated there was evidence of value from the real estate broker.


Morrison commented that she thought ownership was still held by the Bernheims.


MOTION: to approve ORDER 06-6-14-8.


Morrison MOVED, Green SECONDED.


Stewart though they met the requirement of the law.


Dwyer thought this issue needed to be litigated. 


Stewart contacted the state about this situation and was told unless the option strictly says that he cannot do this, he has ownership and the option means nothing.  He was concerned that they might not have the option to give a waiver once it goes to Court.  He didn’t think it was in the best interest of the citizens of Lane County if this goes to Court.


Green asked if the information that had been submitted was qualified.


Vorhes thought the title to the property was vested in the Bernheims in all of the areas, given the information they received to clear some of the questions at the hearing.  He added it was clear the title vested on the dates that are indicated.  He said the issue the option raises (even though legal title is vested in the seller on a land sale contract) is they took the position that the seller is now acting as a mortgage or lien holder and has a right to payment.  He noted the option is close to that and has the potential to turn into that.  He said the control is in the option holder and given the language in Measure 37 about what an owner is, there was enough room for debate as to whether the Bernheims still had an interest in the property.  He thought they did have an interest in the property.  He thought they had a right to assert a claim.  He said the order is set up to only speak to the Bernheims.  He said if they retain legal title and authorize people to operate on their behalf, there is nothing in the measure that necessarily precludes that unless they are no longer “an owner” and no longer have “an interest” in the property.  He indicated that until the option is exercised, the Bernheims continue to hold legal title to the property.


Sorenson commented that the ultimate value of property is what jurors would say and think.


Dwyer thought the neighbors were abused by this.


VOTE: 3-2 (Sorenson, Dwyer dissenting).


Stewart noted that when he was at the last Region 2050 meeting, there was a presentation on Cluster Development (Copy in file).  He said it could offer relief on the resources.   He asked if they could offer this for Measure 37 claims as it would have less impact on the neighborhood.


Howe responded they have a cluster subdivision ordinance that has never been used.  He said there are some policies within it that have disincentives that make it unusable.


Dwyer thought cluster development was a good concept.


Howe said in the statewide planning program, the issue is an urban type of development pattern in cities but it is hard in the rural areas to distinguish it from urban, and that is why it is not used.  He thought they should develop incentives to encourage this type of development if these Measure 37 claims are going to turn into reality.  He thought he could come back and do a scoping on what a program would look like.  He added that a cluster development is cheaper to implement than under the standard one.




A. Approval of Minutes: None.


B. County Administration


1) ORDER 06-7-12-4/In the Matter of Contributing $8,500 from the General Fund Operational Contingency to the Eugene Japanese American Memorial Project.


C. Health and Human Services


1) ORDER 06-7-12-5/In the Matter of Approving the Submission of Two Proposals to Oregon Housing and Community Services (OHCS) in the Combined Amount of $135,000 for the Period of July 1, 2006 Through June 30, 2008.


2) ORDER 06-7-12-6/In the Matter of Delegating Authority to the County Administrator to Sign an Expense Contract with Catholic Community Services in the Amount of $124,783.


D. Public Works


1) ORDER 06-7-12-7/In the Matter of Authorizing Increasing by $1,500 the Change Fund in Fund 216 for the Parks Division of the Lane County Department of Public Works.


2) ORDER 06-7-12-8/In the Matter of Ratifying the County Administrator’s Authority to Execute the First of Two, One-Year Renewals to the Mattress Recycling Contract with St. Vincent dePaul and Increasing the Amount of the Contract.


3) ORDER 06-7-12-9/In the Matter of Delegating to the County Administrator Authority to Enter into a Contract With St. Vincent dePaul for Mattress Recycling in an Amount Not to Exceed $150,000.00.


MOTION: to approve the Consent Calendar.


Green MOVED, Sorenson SECONDED.


VOTE; 4-0 (Morrison out of room).




a. ORDER 06-7-12-10/In the Matter of Appointing Three Members and Reappointing One Member to Fill Vacancies on the Mental Health Advisory Committee/Local Alcohol and Drug Planning Committee.


MOTION: to approve ORDER 06-7-12-10.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.


b. ORDER 06-7-12-11/In the Matter of Establishing One Full Time (1.0 FTE) Medical Assistant 2-B Position for the Community Health Centers Effective July 12, 2006 in Fund 285 Department of Health and Human Services.


MOTION: to approve ORDER 06-7-12-11.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.




Morrison said they received a letter from the Heceta Water District.  She said they need to respond to the letter.


Dwyer wanted to review the easement.  He didn’t want to give them more money.


Morrison wanted to bring it back on the agenda.




Green noted that the Lane County Human Rights Advisory Committee had six resignations and one vacancy, which means they are not able to function.  He has a recommendation for the board next week.


Dwyer announced that the Princess from Thailand is coming on Friday.


12. EXECUTIVE SESSION as per ORS 192.660


Pursuant to ORS 192.660(2) (e) for the purpose of deliberations with property negotiators and ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.






There being no further business, Commissioner Dwyer recessed the meeting at 11:30 a.m.



Melissa Zimmer

Recording Secretary