April 4, 2007

following Board of Health

Commissioners' Conference Room

APPROVED 5/7/2008


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



Item D 1) to be pulled off the Consent Calendar.




George Goldstein, Florence, stated he is a member of the Veteranís Memorial Park.  He thanked the Board of Commissioners for the letter of support.  He said they were able to use it in Salem when they made a presentation for their grant request before the Oregon State Parks grant committee.


Jim Weaver, Eugene, said he was told the County plans to repave Seavey Loop.  He commented that the road is in good condition.  He thought the repavement from Franklin Boulevard to Mt. Pisgah is unnecessary.  He suggested stopping the repavement.  He thought the funds could be better put to not close the 12 parks.  He commented that no one on Seavey Loop supports the repavement of the road.  He said it will affect their frontages on Seavey Loop and they will make an issue of this before the May election.


Dwyer said they canít use road fund money to supplement parks.  He said they are bound by law.  He said he had no problem not paving the road.  He urged that the speed limit on Seavey Loop needed to be reduced.


Stewart said he had several complaints about the speed.  He indicated they looked into it and there were traffic studies and they canít change the speed limit.  He noted they were able to do some signage.  He said he would look into the repaving issue as this was the first he had heard of it.


C.T. Fulkerson, Eugene, stated he is a member of the No Kill Community Coalition.  He supports a no kill philosophy.  He said he has been working with LCARA as the chair of the liaison committee regarding the no kill philosophy.  He said they have a board order that has been established in regard to this issue.  He said since August 2006 he had been involved with the program and he had excellent media coverage and many meetings.  He noted the Board talked about an implementation committee.  He thought the task force could be helped if there would be a directive for staff to support the task force as they proceed through the program at LCARA.


Ann McLucas, Eugene, stated this was the third appearance she was making regarding Jim Gilletteís property.  She doesnít know if there will be a settlement or sale.  She commented that she had seen the toll on Gilletteís mental and physical health.  She added that she has taken out a line of credit on her house in case he needs a loan if there is a settlement.  She helped Gillette write two letters to explain things.  She said in the letters there is evidence that the County officials have been unfair and at times dishonest..  She wanted a true settlement hearing for Gillette, as there is no evidence of his guilt for anything but not being able to pay the fine. She added on the third matter he is in compliance and his lawyer said he has a good court case.  She said they just want it to be over and avoid a court case.  She said he wants a real settlement hearing.


Jim Gillette, Eugene, stated that he had been attacked by the legal and compliance department.  He wanted a settlement hearing and to postpone the sale.


Dwyer stated he was not opposed to a settlement hearing.  He said they needed to be aware of uncertainties of being in limbo.


Lynn Bowers, Eugene, asked the Board to support SB20 that creates buffers for chemical applications around schools and improves notification projects.  She distributed information. (Copy in file).


Lisa Arkin, Eugene, spoke in favor of SB 20. She supported the bill introduced by legislators and modeled in Lane County.  She stated that drift happens and they canít eliminate it.  She added that a buffer zone was a good idea to create a target for herbicide applications.  She stated the federal and state laws buffer salmon but they have no buffer zones for children.


John Sundquist, Coburg, said there was an article in the Register Guard about trees growing fine in brush without herbicides.  He said forest poisoning is driven by the economics of the federal rules that allows sales commission on poisons to be the economic benefit for justifying the uses of poisons.  He said poisoning endangers the health of the citizens and the economic future.  He urged the Board to support SB 20.


Diana Robertson, No Kill Community Coalition, provided information regarding the union representing most of the staff at LCARA and their concerns about volunteers.  She said that volunteers have always been welcome at LCARA.  She indicated that she had been volunteering for seven years and people in this group were the first in history to come to the budget meetings and testify in support of LCARA not losing 1.5 positions from staff.  She stated they are not out to replace the employees in any way.


Scott Bartlett, Eugene, commented that he was upset as a citizen to see the County losing services.  He was upset that the three commissioners who tried to enact the ordinance were stopped by groups from outside of the county funded by Oregon Taxpayers Alliance out of Salem.  He said it is unfortunate that they want to personalize this against the commission.   He said it was destructive against the County.  .


Robin Winfrey, Eugene, spoke in support of SB 20.




a. PUBLIC HEARING AND ORDER 07-4-4-2/In the Matter of Adopting the FY 2006-2007 Supplemental Budget #2, Making, Reducing and Transferring Appropriations.


Christine Moody, Management Analyst, reported that this is the second supplemental for the FY 2006/2007 budget.  She said they have one fund changing by over ten percent: the Parks and Open Space Fund.  She said that was a result of the Glenada sale.  She indicated others were due to increases based on grant funding or housekeeping items.


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


MOTION: to approve ORDER 07-4-4-2.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 3-0 (Fleenor out of room).




A. Approval of Minutes:

June 21, 2006, Regular Meeting, 9:00 a.m.

June 21, 2006, Regular Meeting, 1:30 p.m.

February 20, 2007, Board Retreat, 9:00 a.m.

February 21, 2007, Regular Meeting, 9:00 a.m.

February 21, 2007, Regular Meeting, 1:30 p.m.


B. Board of Commissioners


1) ORDER 07-4-4-3/In the Matter of Authorizing the Letter to Congressional Delegates in Support of the Florence Veterans Memorial Park Project.


C. County Counsel


1) ORDER 07-4-4-4/In the Matter of Amending Chapter 2 of the Lane Manual to Revise the Committee Members of the SAVE Committee (LM 2.451).


D. Fair Board


1) ORDER 07-4-4-5/In the Matter of Extending the Use of Transient Room Tax Funds for Capital Improvements at the Lane County Fairgrounds.


E. Health and Human Services


1) ORDER 07-4-4-6/In the Matter of Accepting Funding in the Form of Billing Authority in the Amount of $591,234, for the Period March 1, 2007 Through February 28, 2010 From the Lane Individual Practice Association for the Federally Qualified health Center.


F. Public Works


1) FINAL ORDER 07-4-4-7/In the Matter of the Alteration of a Segment of Fox Hollow Road (County Road Numbers 464, 479 and 902) From McBeth Road, Southerly and Westerly Approximately 1.51 Miles, Being Located Within Section 35, Township 18 South, Range 4 West and Sections 2 and 3, Township 19 South, Range 4 West of the Willamette Meridian.


2) ORDER 07-4-4-8/In the Matter of Accepting a Deed of Land to Be Used As a Public Road Easement For Airport Road And Green Hill Road (17-04-08).


3) ORDER 07-4-4-9/In the Matter of Accepting a Deed of Land to Be Used As a Public Road Easement For County Road No. 1044  (Lynx Hollow Road) (19-03-31).


4) ORDER 07-4-4-10/In the Matter of Accepting a Deed of Land to Be Used As a Public Road Easement For County Road No. 1327  (Hill Road) (16-02-33).


MOTION: to approve balance of the Consent Calendar with 4.D.1) pulled.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.


4. D. 1)


Stewart didnít want the money designated for capital improvements.  He thought it should be dedicated to the Fair Board and the operations as it sees fit.  He thought it could give them more flexibility.


Van Vactor said he received an e-mail from Kari Westlund, CVALCO, and she raised with her board the fact this was on the agenda and it hadnít been referred to the CVALCO Board.  He recalled in the past when they had similar items, they referred this to CVALCO.  He thought the Board should refer this proposal to CVALCO for their reaction.  He was supportive of the order and thought the Board needed to do it for the long term benefit of the fairgrounds.


Stewart met with Warren Wong, Fairgrounds, about the financial future of the fairgrounds.  He commented that for the fairgrounds to exist, it is important they get the money.  He added it was also recommended by the Finance and Audit Committee.


Dwyer said he was not bound by it.  He said CVALCO has a vested interest in the money.  He commented that CVALCO was operating on Lane County tax money.  He made it clear that it is public money and not an entitlement.


Fleenor agreed with Dwyer.  He would be in favor of rolling this item for one month as long as the fairgrounds are not in jeopardy of any immediate cash flow problems.


MOTION: to roll this matter to May 9.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 4-0.








Fleenor indicated that the Land Management Manager has resigned and is taking a new position in Springfield.  Fleenor wanted to have a discussion about holding off hiring a new division manager until they have a better indication on the Countyís financial outlook.  He wasnít sure about the process to make it a formal work session.


Van Vactor noted that most of Land Management is independently funded through fees.  He said they are not impacted by the loss of Secure Rural Schools.  He added the surveyor is also stepping down.  He recommended inviting Ollie Snowden, Public Works,  to see what his tentative plans are.  He was concerned because there are seven vacancies in Land Management and they need to make sure they can get as much work out of that division as possible.  


Sorenson wanted to combine Land Management and Waste Management.  He wanted a policy discussion about integrating those two divisions.


Fleenor wanted to be allowed to try to adopt animals during the last portion of the Wednesday meetings during Commissioner Announcements.  He wanted to use his three minutes per meeting to try to adopt out an animal with the webcast.


Dwyer was not in favor.  He thought it changed the whole dynamics.  He didnít think the Board meeting was the appropriate means to adopt out an animal.


Van Vactor said he could work with Fleenor, David Suchart, Management Services, Mike Wellington, LCARA and Metro Television to see if they could put the animals on at different times.


Sorenson distributed a letter from October 2006, about the Homeland Security Hazard Mitigation Plan.  He thought it was a good opportunity to apply for grants.  He thought they should start as a County government to adopt ordinances that protect the public involved in the dangers associated with flooding in conjunction with a review of Land Management policies and the problem of people building too close to rivers.




a. RECOGNITION/Franz Josef Schumann, Commissioner from St. Wendel, Germany.


Sorenson read the recognition into the record.


MOTION: to approve the recognition.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.




a. Legislative Committee.


Tony Bieda, Intergovernmental Relations Manager, reported that there is a recommendation on seven bills (copy in file), three are recommended as support and four are recommended as opposed positions.  He noted by the Board adopting the full slate of recommendations, it gives him authority to lobby on the Boardís behalf for the outcomes of the legislation in Salem.  He said he would adopt the Boardís position on the seven bills.


Stewart indicated there was a support letter for HB 2535, the malt beverage tax at ten cent per bottle.  He was told that it went through the legislative committee and was recommended.


MOTION: to send a letter of support for HB 2535.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.




a. Announcements


Van Vactor announced that they closed on the acquisition of the Public Health Building.  He indicated that budget staff has updated a list that Management Team prepared of the  reductions and they did a revised list for the general fund and for the road fund. (Copy in file).




a. ORDER 07-4-4-11/In the Matter of Allocating $35,000 of Transient Room Tax Special Project Funds to Public Works Parks Division for Parks Projects Related to Tourism.


Todd Winter, Parks, reported that this item is allocating $35,000 in TRT special project funds.  He said that Lane County Parks currently administers the TRT special project grants so there is no conflict of interest and they donít participate in that program.  He recalled the last time they were before the Board was in 2004 and they requested funds for projects to create the online reservation system.


Winter said they are requesting $35,000 for five tourism related projects.  He noted the first three are the covered bridges tourism projects.  He said they want to build net revenue as they more forward.  He indicated they have 17 covered bridges and they would be completed in 2011.  He said at the end they would like to have a fund balance in sub fund 217 that would allow them to perpetuate the maintenance of the out of service covered bridges for as long as they can.  He said they would be successful with an ornament that depicts the covered bridges.  He said they met with St. Vincent de Paul and they could put the covered bridges on ornaments and make them available to the public.


Van Vactor indicated the second part of Westlundís memo from CVALCO dealt with the $35,000 for special projects.  He didnít know if this item should be sent to CVALCO before they take action.


Dwyer agreed with authorizing the $35,000.  He didnít want to have CVALCO review everything the Board does. 


Winter noted the five projects are the covered bridge coin minting, the artist prints, the ornaments and sun catchers is $21,000 for sub fund 217 covered bridge maintenance.  He added in sub fund 216 there is an additional $14,000 to under fund marketing and advertising.  He said they need to do a reprinting of the road and recreation map for Lane County and the Howard Buford Recreation Area trail map.


MOTION: to approve ORDER 07-4-4-11.


Dwyer MOVED, Sorenson SECONDED.


Fleenor stated that he supported maintaining the Countyís historical heritage and covered bridges are an important part. 


VOTE: 4-0.





a. Letter from AFSCME.


Stewart indicated the Board received a letter from AFSCME.  He said it is for the proposed resolution for no kill philosophy in Lane County.  He wanted to make sure the letter was distributed to the Board.


Sorenson wanted to have a public hearing where the issues that are raised in the letter could be further addressed.  He hoped they could get some further guidance as to how to protect the contractual rights of the people who work for the County.  He said they would be instrumental in making the transition to a no kill policy.  





a. DIRECTION to Staff Regarding Animal Welfare Philosophy.


Sorenson indicated that the Agenda Team discussed this.  He said because of the various proposals, he suggested moving forward with a public hearing next week at 1:30 p.m. to invite people who have concerns about the proposals that have been made.  He stated that they have to move ahead with animal welfare issues even though they have a budget challenge and it is threatened to be cut.


Fleenor said 1800 animals are being killed a year.  He asked how many public hearings they need to finish this.  He said they have to show leadership and bring it to a conclusion.  He commented that the board order he proposed is a culmination of yearsí worth of effort by the community.  He indicated they need a date certain to address the issue.


Dwyer didnít think creating expectations they canít fulfill was the way to go.  He wants to have everyone comment on what impacts the resolution would have.  He recommended allowing the Board to review this. He said they will need the community support.  He commented that if they donít get federal funding and some type of alternative revenue source, they wonít be in business with LCARA.  He said they need buy in from the community that this is really critical.  He wanted to have a hearing.


Sorenson wanted to advance the idea they would make a transition from animal regulatory authority to a no kill philosophy.  He wanted to make sure they have as much information as possible.  He didnít think they were ready to make that decision today but he thought they could make the decision soon.  He didnít want to wait forever.  He thought it would be worth having a discussion after the public reviews the three proposals.


Stewart indicated the three options are the board order Fleenor discussed, the first resolution the no kill community had presented to them and the softened up version that counsel worked on.  He said those would be presented for next Wednesday at 1:30 p.m.


Fleenor indicated in this situation, the Board should be the policy makers.  He said they should be the ones driving this, not staff.  He said it is a major profound shift.  He said it needs to be substantive and it needs to be carried out. He commented that talking about it doesnít make it happen.


Dwyer stated that it has to be resourced based.  He commented if they donít get Secure Rural Schools, they will have to cut staff.


Fleenor asked when they review this that they review it not from a policy but a legal perspective.


Van Vactor had management concerns with Fleenorís resolution.  He wanted to list it in outline form so everyone could see it on the internet so there are no surprises.


Dwyer said the bargaining units needed to be invited to attend the meeting.


Stewart announced that it would be on the agenda for a public hearing next week at 1:30 p.m.


14. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(h) for the purpose of consulting with legal counsel.






There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:45 a.m.



Melissa Zimmer

Recording Secretary