following Board of Health

December 5, 2007

Commissioners' Conference Room

APPROVED 1/2/2008


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




Under Commissioners Business: 9. a) O & Cís annual meeting; 9. b) Parks SDCís and to give direction to staff from the Home Builders




Leslie Kettenhofen, Florence, stated she lives next to the lot in question.  She said she had lived in her house for 14 years and she had been driving daily on the street, not knowing it belonged to a private party.  She was concerned about the ramifications if they cut out her access.  She wanted clarification from the County.


Deborah Anderson, Florence, says she lives near the corner in question.  She had previously heard that tax lot 5300 was once deeded as public access but was removed in 1984.  She said this was from a recent phone conversation with the Lane County Surveying Department.  Anderson said they think if tax lot 5300 became a legal lot, the right-of-way to all of the homes on Second Avenue would be in jeopardy. She indicated the road was paved by the Lane County Road Department in 2005.  She added that Lane County has had complete use of the tax lot 5300 for over ten years as a roadway.  She said the County has issued building permits to several property owners on Second Avenue and the only access to their property is across tax lot 5300.  She said the planning director stated that tax lot 5300 and 5303 are legal lots based on a 1971 warranty deed that was corrected in 1975. She asked why in 1993 Lane County Land Management gave Mr. & Mrs. Kettenhofen a map showing it is a County maintained area.


Gary Garrison, Florence, talked about access for Second Avenue and Ocean Way.  He indicated that prior to purchasing the property; he went to the Lane County office in Florence with questions regarding lot 5300. He added on May 7, 1997, he received information from a Jim Steers, telling him nothing could ever be built on the property and it was public by nature. He noted on December 4, 2007, he contacted Mike Gabber regarding his legal lot verification request.  He said he initiated the legal lot verification on advice of his insurance agent.  He said that Kent Howe, Land Management, sent out a report on December 4, 2007 that states if the neighborhood was interested in connecting the legal access between Ocean Way and Second Avenue, they could complete the dedication process that is pending from 1980.


Mona Lindstromberg, Veneta, said she was concerned why LCOG was adopting countywide population projections for the second time in two and a half years.  She said it wasnít explained or justified.   She said the current pending land use action to approve countywide population projections for the year 2030 and 2035 is scheduled to be adopted by the LCOG Board next week.  She said no planning commission has had an opportunity to hear from citizens to make a recommendation to elected officials. She wanted the County to take the lead on population projections, as this is the only way to assure citizens countywide that there would be adequate and lawfully established processes used whenever comprehensive land use actions are being considered by local government.


Ross Penhallogon, Eugene, discussed the Last Resort Policy.  He said they spent hundreds of hours developing a policy for controlling vegetation around hundreds of miles of the County road system in a safe and environmental way.  He indicated Oren Schumacher, Public Works, spent months looking for products that were available.  He said they looked at organic mulches, mowing and alternatives.  He commented with the limited budget and personnel the question becomes how do they maintain over $1 billion of road structure safely and effectively.  He said they have to protect the environment and do it properly.  He commented as stated, herbicides are a last resort.  He said there was no intention to use a lot of it.


Mia Nelson, Lowell, spoke on the LCOG population matter.  She indicated there were two other landowners who hoped to be brought into the Lowell urban growth boundary. She said some people want LCOG to make the decision not Lane County.  She said when the process started she trusted LCOG to look at everything critically but she said LCOG doesnít see it as their place to judge.  She stated that LCOG doesnít know proper public process in the way land use decisions are made.  She thought that was a good reason not to make the Countyís land use decisions.


Judy Templeton, Elmira, discussed the herbicides.  She thought the herbicide report from Public Works was reasonable and that herbicides should be used in a continuing manner.  She thought they might need an increased use of herbicides to control the weeds. She added that sometimes mechanical mowing spreads the weeds.  


Robert Emmons, Fall Creek, stated he had concerns about the pending land use action to approve countywide projections for the years 2030 and 2035.  He said there had been concerns about the citizen participation process associated with adopting the projections.  He asked the County to hold its own hearings with the proposed projections before LCOG adopts them.  He wanted more citizen participation.


John Sundquist, Coburg, commented that roadsides are real life models of successful management without herbicides.  He urged the Board to approach ODOT asking for the experimental designation of all County roads as a test area for the last resort toxic management of state and federal roads in the County.  He asked the Board to appoint a task force.  He didnít want the Board to approve this version of the 2007 Last Resort Policy and Proposal and direct staff to work with VMAC to produce a proposal that works.  He said the guard rail problems were due to a contract with Union 626.  He thought the publicity about this might change the union. He said they could have partnerships for the adopt a weed program.


Lynn Bowers , Eugene, she said the Board should not spray and persuade ODOT not to spray in Lane County.  She added they had to educate do-it-yourselfers that they may not spray County rights-of-way. 


Jan Wroncy, Eugene, indicated that she had been on the VMAC Committee for eight years.  She suggested reasonable alternatives to spraying.  She didnít think the County gave it a serious trial.  She suggested the Board as the Board of Health send back this report and ask for it to be modified.  She thought the next VMAC meetings should be devoted to exploring what the real difference is with funding alternatives and what they have on hand and then explore ideas of alternative funding.  She indicated the Department of Agriculture offers weed grants and they could pick a problem weed and partner with a non-profit group interested in finding alternatives and exploring them.  She thought they could contract with other groups or get part-time help to do the work around guardrails.  She commented spraying blackberries was no answer because of the chemical risk.


Richard Johnson, Lowell, said there has been discussion about the adequacy of public hearings for the LCOG projections.  He said LCOG showed the rural county losing 6,000 people in the next 20 years but the reality is Lane County has grown by 6,000 from 1986 to 2006.  He said they need to have a forecaster do a valid study.  He asked the Board to take authority back and have the report done right.


Lauri Segel, Eugene, spoke on the process for adopting forecasts.  She said the report should be in a transparent accountable way to the citizens and be made by elected bodies.  She added they donít have citizen involvement.  She indicated the role is to get concerns from the public and ask staff to respond to those concerns and come back to the planning commission for deliberations and recommendations.  She said there was no opportunity for citizens to be heard.  She asked the Board to rescind the authority the Board gave by resolution in 1974.


Zach Mittge, stated he represents Shade Tree, Inc.  He recalled in 1974 Lane County passed a resolution that provided for some type of coordination of planning activities to be passed onto LCOG.  He said the current version of the population coordination came into effect into 1995.  He noted the current version of ORS 195.025 was for coordination responsibilities to Lane County to come up with an integrated comprehensive plan.  He said LCOG is taking orders with what it thinks the population projections should be.  He stated that Lane County is the body that should be making the decisions.


David Calderwood, Eugene, responded to the article in The Register Guard yesterday that accused the County and LCAS of not adopting a progressive approach.  He and others support the Countyís animal service.  He thought the reporter was remiss in not reporting the views of the balance of the Save Adoptable Animals Task Force and only giving one sentence to the co-chair. He indicated that many positive changes have been made to increase adoption.  He stated he always felt appreciated by Mike Wellington and the staff and as a volunteer he had always been treated with the utmost respect.  He said the accusations were an overly emotional plea to promote the agenda of a regime change.  He added the accusations are not based on fact.


Jan Nelson, stated she sent the Board an e-mail about the Public Works plan.  She wanted Fleenor to go over the plan again before they make a decision.  She didnít think VMAC followed the process of evaluation of the roadsides and the projects that have been done to use alternatives.  She said the County is not responsible for noxious week control.  She wanted to have more meetings before a decision was made.


Samantha Chirillo, Eugene, represented the Many Rivers Group Chapter of the Sierra Club. She said they voted unanimously last night to recommend that the Board of Commissioners not approve the VMACís plan today, but send it back to committee and  maintain a true Last Resort Policy and to request that Lane County be an ODOT test area.  She commented that a true Last Resort Policy is the most sensible policy for pesticides to be used only after other methods have been tried.  


Alice Doyle, Cottage Grove, hoped the County was looking into the usage of 50 percent vinegar in dealing with some of the problems herbicides deal with.  She said it can be effective and does not have long term residue.  She was also against LCOG adopting new countywide population projections. She asked the Board of Commissioners to take action, not LCOG.


Jan Sohlman, Eugene, spoke about the legal lot verification of tax lot 5300 and 5303, at Second Avenue and Ocean in Florence.  She was concerned about ingress and egress of her property if tax lot 5300 becomes a legal lot, as it is their only access to their property on that street.  She was concerned about property devaluation.


Corinne Sherton, Salem, represented Seneca Jones Timber Company.  She indicated they are landowners outside of the UGB and have been involved in supporting the development goals and interested in having its property considered if and when the UGB is expanded.  She thought LCOG had provided more public participation than counties have in other population forecast proceedings.


Karen Morray, Eugene, stated she owns property on Heceta Beach.  She thought it was an opportunity for the County.  Said that Second Avenue, a county road, runs across a private lot and one of the few places that a public beach could be accessed. She said the property owner wanted to formalize it.


Lawrence Birch, Eugene, said he is a science instructor.  He noted that Oregon leads the nation in breast cancer. He said it was due to the amount of herbicides and other chemicals that have been sprayed for years.  He commented that there is no off switch for herbicides or pesticides and they continue to affect anything they touch.  He asked the Board to eliminate the use of herbicides and to come up with alternatives.





A. Approval of Minutes


B. Health and Human Services


1) ORDER 07-12-5-2/In the Matter of Amending Chapter 3 of the Lane Manual to Correct Citations Regarding Mental Health Advisory Committee, Rename the Public Health Advisory Committee, and Revise the Description of the Community Health Council (LM 3.524, LM 3.528, LM 3.534).


C. Public Works


1) ORDER 07-12-5-3/In the Matter of Ratifying an Application Submitted by Public Works for Grant Funding Under the Forest Highway Enhancement Project for Schindler Landing Project and/or Tide Wayside Enhancement and Delegating Contract Signature Authority to the County Administrator Upon the Award of One or Both Applicants.


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.












a. Announcements


Van Vactor announced that Performance Counts is tomorrow at Lane Community College.




a. ORDER 07-12-5-4/In the Matter of Creating 1.0 FTE Community Health Center Division Manager, 2.0 FTE Office Assistants 2, 1.0 FTE Medical Assistant 2, 1.0 FTE Chief Financial Officer and Increasing Existing .5 FTE Bilingual Community Service Worker 2 by .50 FTE (Position   50336) and Appropriating Revenue and Expense in the Amount of $201,008 in Fund 288, Department of Health & Human Services. 


MOTION: to approve ORDER 0-12-5-4.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. ORDER 07-12-5-5/In the Matter of Amending Chapter 60 of the Lane Manual to Update the Fees Relating to a Marriage License or Registering a Declaration of Domestic Partnership (LM 60.812). 


Annette Newingham, Management Services, reported that this item amends Lane Manual and it refers to three separate fees. She indicated two fees are existing revenue.  She noted one is $25 they currently collect for conducting a ceremony during office hours and Lane Manual currently states the amount as $15.  She added the second fee is a $10 reconciliation mediation fee they currently collect for marriage licenses.  (She distributed this information to Finance and Audit).  The third portion is conducting Domestic Partnerships.  She indicated they will start to register them.  She said there is also the option to charge $10 for reconciliation services.  She noted this involved same sex and opposite sex family situations.  She indicated that it would be effective January 1 due to HB 2007. 


MOTION: to approve ORDER 07-12-5-5.


Dwyer MOVED, Sorenson SECONEDD.


Dwyer indicated this was recommended from Finance and Audit.


VOTE: 5-0.




a. REPORT BACK Adult Work Crew.


Russ Burger, Sheriff, reported with the reduction in the road crew in last yearís budget, this yearís budget is built with the assumption that they would enhance their contracts for road crew services.  He added they would try to build the program based on obtaining the contracts.


Sgt. Dan Buckwald, Sheriffís Office, said they started with $95,000 in guaranteed contracts with the City of Eugene providing .3 FTE.  He said they are now up to $395,000.  He added that they are doing work with other municipalities.  He said they went to the public to solicit contracts with different agencies.  He indicated they are providing a service that hadnít been provided in the past.  He added they were negotiating with some utilities for brush cleaning.


Burger reported that in the past the road crew was not able to use power tools.  He said they are now using weed whacker and hedge trimmers.  He said they could provide services incrementally




Letter from David Wu


Stewart indicated on November 30 he received a letter from Congressman David Wu, updating the meeting that was arranged for Speaker Pelosi and Governor Kulongoski about extension of the County Timber Payments.  He said the meeting took place.  He said that Wu was 100 percent supportive of reauthorization and assisting in getting County Timber Payments reauthorized.




a. REPORT BACK Population Forecasts.


George Kloppel, LCOG, stated he saw the materials that Attorney Doug DuPriest had sent to Stephen Vorhes.  He said he was not qualified to comment on the analysis and proposed resolution submitted to the Board for.  He said the application of Executive Order 12372 signed by President Reagan in 1982 had affects on regional counsel and regional voluntary associations with the A 95 process. He said it was up to the Board of Commissioners with respect to support of the forecast that had been developed and whether LCOG is still supposed to be working with the public jurisdictions to do the forecasts.  He believed LCOG was in a good position to work with the cities and the County on this kind of a project.  He commented that it is not a core function.  He indicated they would have to continue to look at demographic trends and population forecasts for those activities that they were chartered to provide for such as transportation planning.  He noted the work before them is being done on behalf of the Board of Commissioners in collaboration with the cities.  He added they worked with the County and the cities throughout the process.


MOTION: to state that the Board of Commissioners does not agree with the process or the results of the LCOG population estimates.


Sorenson MOVED, Dwyer SECONDED.


Sorenson said the County needs to play a role in the process.


Dwyer said these were important land use decisions and they shouldnít be made by a group of people that have an interest in promoting their cities.  He added that it needed to be done by people who are qualified to do it.


Green didnít support the motion.  He asked what the practice was around the state.


Bob Swank, LCOG, stated that no other county in the state was going through this.  He said these are standard practices.  He said they used historical trend analysis based on 15 year or 5 year trends.  He added the five year growth rate is more realistic.


Fleenor stated he opposed the motion.  He believed in local control.  He didnít like the state telling the County what to do.  He didnít believe there was any process that was violated.


VOTE: 2-3 (Fleenor, Green, Stewart dissenting). MOTION FAILED.


Sorenson wanted County staff involved in the issue.  He said DuPriest prepared an order that transferred the population forecast back from LCOG to the County.


MOTION: to direct staff to bring back options by which the County could assert its role and transfer back the responsibility for population estimates.


Sorenson MOVED, Dwyer SECONDED.


Fleenor asked if the existing process conforms to Goal 1 as it relates to land use planning.  He wanted to know who pays for the study and where the money comes from.  He asked if they could do an RFP and get the study done less expensive through Portland State University.


Van Vactor recalled in the 70ís there was a proposal to use LCOG and it was done in collaboration with a majority of the cities.  He thought as part of the analysis they should contact the cities to see if they have any concerns changing from LCOG to Lane County.  He added that they have to ask County Counsel if Lane County has the unilateral authority. 


Green didnít know where they would get the resources to do it.  He added the Countyís relationship with some of the cities is not great  He didnít want to embark on something when they donít have the tools.



Stewart didnít support the activity.  He thought they should go to the LCOG Board to state the concerns and see if there is a different process that would meet the needs of the citizens.  He indicated this process has been taking place for the past 33 years.  He didnít think it builds good relationships with the cities they need to work with and to get their help for support to pass measures.


VOTE; 3-2 (Green, Stewart dissenting).  


12. EXECUTIVE SESSION as per ORS 192.660


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






There being no further business, Commissioner Stewart recessed the meeting at 12:05 p.m.


Melissa Zimmer

Recording Secretary