BOARD OF COMMISSIONERS'
July 25, 2007
Commissionersí Conference Room
Commissioner Faye Stewart presided with Commissioners Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.† Bill Dwyer was excused.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Richard Kochler, Dunes City Councilor, indicated since the beginning of the year, the Water Quality Control Committee started work on linking state, county and local agencies with efforts to curb pollutants entering their drinking water supply in Woehink Lake.† He thanked the Board for help with the problem.† He wanted to prohibit construction runoff into the lake. †
Lea Patton, Florence, stated she protested the annexation of properties by the City of Florence.† She said the City of Florence has violated rules to get what it wants.† She said they violate the rules that protect their rights as citizens. She noted in its documents, the City of Florence states ďIt has a majority of zero.Ē† She said it meant the majority of zero of registered voters in the area to be annexed. She asked how one had a majority of nothing.† She commented that the City of Florence is playing games and County staff does not plan to address but intends to overlook the errors of a majority of zero.† She stated that all evidence shows that the City of Florence will do everything possible towards annexation of their properties whether they like it or not.†† She noted the current total assessment valuation of all properties in the area being annexed is $255,749.† She thought the Board should work on this.
Curt Williams, Eugene, distributed information on paintball.† He wanted to establish a place to play paintball. He said since there is no legal place for people to go they are wandering onto BLM land, Forest Service land or onto peopleís private property.† He hoped this could go forward.
Fleenor was concerned about the environmental impact.† He wanted to see environmental studies on the long term impact.† †
Ann McLucas, Eugene, recalled that two weeks ago Jim Gillette used the word extortion.† She said Gillette was forced to pay $16,000 and he was never given a hearing on the facts of the case promised to him.† She said he was forced to pay $16,000 or have his property foreclosed on.† She commented having that type of threat hanging on someone when no actual proof had been offered of any violation is a form of extortion and it wasnít legal for the County to do so.† She believed that if the County would offer actual proof of violations that werenít corrected, Gillette would drop his appeal.
Jim Gillette, Eugene, apologized for getting upset at the last meeting.† He thought having to pay $16,000 is extortion.† He wanted to work with the County.† He wanted to be shown proof that he was guilty of having RVís on his property after August 11, 1996.† He said that Lane County had never checked his property. He indicated he was fined for leasing out his property to someone else.† He said he didnít have money to appeal the fine. †
Zachary Vishinoff, Eugene, distributed information on the University of Oregon regarding the arms race and sports spending. He said neighbors are being left out about the discussion of the sports arena.† He commented that 100 professors were upset because they are not addressing academics.† He asked the Board how they could come together so people could be heard.† He thought some projects would get built, but not unilaterally.
Mike Smith, Eugene, stated he is a street organizer. He said the Eugene code on substandard housing is the only code in Lane County where people donít vote or participate.† He said he visited the Child Advocacy Center.† He asked if it was surplus property and if it could be put on the tax role.† He asked if there would be exemptions to July 1 next year from paying taxes.† He thought the Child Advocacy Center didnít have a deal with the County about relocating to the youth campus. †He didnít think it was good public policy to sell the property the Child Advocacy Center sits on without them having a firm deal on where they are moving to.
3. CONSENT CALENDAR
A. Approval of Minutes:
June 28, 2006, Regular Meeting, 6:30 p.m.
October 25, 2006, Regular Meeting, 9:00 a.m.
November 8, 2006, Regular Meeting, Following Board of Health
November 21, 2006, Regular Meeting, 9:00 a.m.
May 1, 2007, Regular Meeting, 1:30 p.m.
B. Health and Human Services
1) ORDER 07-7-25-4/In the Matter of Accepting Revenues in the Amount of $2,115,609 from the Cities of Eugene and Springfield; and to Approve the Intergovernmental Agreement Between Lane County and the Cities of Eugene and Springfield.
2) ORDER 07-7-25-5/In the Matter of Re-Establishing .6 FTE Medical Lab Technician Position Number 15581 and .15 FTE Community Health Nurse Position Number 43730, and Appropriating $67,697 in Revenue and Expense in Fund 286 Department of† Health and Human Services for FY 2007-2008.
C. Public Works
1) ORDER 07-7-25-6/In the Matter of Awarding a Hazardous Waste Disposal Services Contract to Philip Services Corporation in the Not-To-Exceed Amount of $100,000 for FY 07-08.
2) ORDER 07-7-25-7/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 (PA06-7277, Robinson).
3) ORDER 07-7-25-8/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 (PA06-7332, Warner).
D. Management Services
1) ORDER 07-7-25-9/In the Matter of Award of Bid LCB 2007-05 to McKenzie Commercial Contractors, Inc. for a Construction Contract for the Remodeling of Various Interior Portions o f the Lane County Courthouse for the State Courts, Including All Mechanical, Plumbing, and Electrical Services, in the Amount of $312,205.
MOTION: to approve the Consent Calendar.
Green MOVED, Sorenson SECONDED.
4. EMERGENCY BUSINESS
5. COMMISSIONERS' REMONSTRANCE †
Sorenson commented that today the U.S. House of Representatives was holding a hearing on Congressman DeFazioís bill.† He said it is to provide for a continuation, but a ramp down in payments where counties have federal forest lands in them.† He noted they were getting action on the legislation. He said the legislation is premised upon the same amendment as Senators Wyden and Smith got passed in the senate. He said they are seeing a ramp down of the money they would get.† He thought they needed to look at a long term strategy.† He said the County needs to admit it is a long-term problem.† He thought they should see if they could get a conversation going with other counties and delegations around the strategy. †
Stewart thought last night was an excellent first listening tour.† He thought there were great things said.† He thanked staff for doing an excellent job.
6. COMMISSIONERS' BUSINESS
Mapleton Boat Ramp
Fleenor asked for staff time to try to find out how to proceed with fixing the ramp at Mapleton.† He commented that it was an important economic source of funds for the community.† He stated currently the ramp is unusable because of accumulated gravel.† He noted that prior to two years ago, Davidson Industries consented to keeping the ramp but they have left town and no longer provide the service.† He said they took over and within the past two years they had obtained the necessary permits in order to remove the gravel. †He said they are lacking staff time to find a source of funds. He noted the other issue is minimum occupancy standards for rentals.† He said they have issues moving forward with lack of law enforcement in the rural areas and the steady increase in the number of substandard housing that attracts drug manufacturing and use.† He wanted a work session to discuss occupancy standards and the fact they have no enforcement capability.† †
Howard Schussler, Public Works, explained the issue is a silt bar that collects at the toe of the concrete ramp that goes into the Siuslaw.† He said the bar is so high that boats canít get in and out of the river.† He said in the past Davidson Industries would blast the silt out but it was not a permitted activity.† He added that Davidson Industries had done it for years. He noted as soon as they heard it was silted in again, they contacted two environmental specialists on staff.† He said they looked into the permit process.† He said since none of the activity was permitted, it couldnít be done.† He noted last year when it was done, ODFW (who actually owns the facility) managed to clear some of the silt, but they never went through any permitting processes.† He indicated they checked into the permitting process and found out for $15,000 they might be able to get a small percentage of silt removed by using their crew.† He said they could only do that one time.† He said they would not give them the permit to do it this year.† He believed a long term fix is making modifications to a dock that is upstream.† He said it is $25,000 to $40,000 for a fix.† He said they have numerous ramps and there are problems with all of them.† He noted they donít have $15,000 to spend on a one time fix for one ramp.† He indicated there are other access points on the river so Parks would not put the energy into it.† He stated they currently have no permits in place and without Board direction they could not do any more maintenance on the ramp.
Van Vactor stated this was the reality of being constrained financially.† He commented that the river is water of the state and not a Lane County activity.† He stated they do not own the dock and it is an opportunity to send the message to the citizens that they have financial constraints.† He said if they keep trying to patch things as they have in the past, the citizens will not be able to understand the Countyís financial condition.
Green indicated it was a private business that was doing most of the maintenance and they are no longer doing that.† He asked if there were any grant opportunities.
Schussler responded for the long term solution they could go to the Oregon State Marine Board to seek grant funding.† He commented that even grant writing takes time and they have to be selective as to what grants they could go after. He indicated Todd Winter, Parks, is working with federal agencies for the rock dock to get additional funding.† He said they try to spread opportunities around the system and to look at those that are revenue generating.
Fleenor was under the impression they had the permits.
Schussler stated they do not have permits, they identified which permits are required and what the possibility was the permits would be issued.
Fleenor asked what would be entailed in obtaining a permit and the timeline.
Schussler indicated there were three agencies involved.† He said they would have to buy the time from their engineering division because they are road funded and need to be reimbursed.† He added the permitting agency would give them the restrictions and they are not sure they could do the work.† He said they need to take 200 yards out to make it fully accessible.† He stated the federal agencies told them they could possibly scoop out 25 yards to make it marginally useful.
Fleenor stated some contractors would be willing to do this at no charge if they could work under the Countyís permit.
Schussler said the biggest cost is pursuing the permits.
Winter said they were told by ODFW they were going to take care of it this last year.
Fleenor thought the tenant landlord was the obstacle.† He asked if they could withdraw the relationship and relinquish it back to DSL.
Schussler indicated their license states if the County were to withdraw, they could ask the County to remove the ramp and restroom facility and restore it back to its natural state.† He said the letter is more of a request for assistance.† He didnít think they could force them because it would cost more to remove the ramp and restroom than to fix the ramp.
Fleenor commented that having the Mapleton Boat Ramp launch area closed down would put a strain on getting the boats in and out of the water.† He stated that it would have an economic impact.† He wanted to see whatever they could do to alleviate it.
Schussler indicated they would not let the County dredge it at all.† He added they think the long term repair would be closer to $40,000, modifying a privately owned dock upstream that would require the dock owner to agree to it.
Fleenor asked if the community were to get together to do grant writing and provide financial funding and the County would be held harmless, if the County would work with the private group in Mapleton to provide the necessary government assistance to get it through.
Wilson said the difficulty is not a legal difficulty, but if they are talking about a long-term solution, the agreement with the landowner would be crucial.† She said providing the funding to do the grant writing doesnít make the time available.† She noted they have a staff resource issue and at this point how much money is needed is uncertain.† She commented that donated labor was problematic under the BOLI requirements.
Van Vactor indicated for permits, they make the permit holder financially responsible if anything goes wrong.
Fleenor said they will need a higher level of volunteers and there are a lot of people willing to do this to help the County overcome some of the obstacles.† He thought they should start asking citizens to solve some of the community concerns if they are willing to do so.† He asked if the Board was interested in working with Mike McKenzie-Bahr to see if grants are available.
Sorenson thought there were opportunities with tourism.† He also thought it could be a restoration site.
Stewart said that staff wrote letters and havenít received responses.† He thought Fleenor could do his own research to find funds to move forward.† He said they donít have a plan on what the fix or costs are.† He also wanted to know what interest there was and to ask Mike McKenzie Bahr to see if there are funds in the area and to come back to the Board to see how they would pay for his time or apply for the grants.
Green commented that the reality is they have a time and resource issue.† He said this was only the beginning.† He wondered what other projects would stop if they would start to work on the ramp.
Minimum Occupancy† Standards For Rentals
Fleenor stated this was brought to his attention within the last few months.† He said they are dealing with an apartment complex in Mapleton that is owned and operated by a slumlord.† He said they have a difficult time dealing with this because according to Craig Starr, Land Management, Lane County does not have any effective authority to require the remediation of tenantsí concerns.† He said Lane Code LC 5.040 states that the Countyís minimum standard of fitness for rental occupancy, Lane Code 9.30 to 9.40, is not enforceable through the civil penalty process that Land Management administers.† He said they have a code on the books they cannot enforce.† He indicated they have insufficient public safety forces in the rural areas and meth houses are popping up and the Sheriff canít come out on a timely basis to eradicate it.† He said some apartment owners are allowing the facilities to be used by meth addicts and they have no methodology of enforcement.† He wanted a work session to work on the code so the Land Managment director could close these facilities down.† He thought there would be vigilantism if they donít do something.†
Stewart said their compliance department is swamped and the process to get to where they foreclose on a property or doing something takes several years, it is expensive and ends up not paying for the process.† He added the earliest they could get to this is next year because their year is already booked with work sessions.†
Fleenor stated that Jane Burgess, Land Management, had been out to the property dozens of times on a variety of calls and she is not able to enforce the code.† He wanted to be able to give her the permission to give them a fine or citation to the landowner.† He didnít think it would be that expensive a fix.
Sorenson thought they could enact an ordinance for a fee for rental housing and it could be used for dealing with meth houses. He said they could make the penalties more substantial so the economics of sending a staff person would be okay.† He supported this.
Stewart thought it was a good idea but he was concerned about the time and cost.† He said they are getting into the situation where it would only include the rural communities, not the incorporated communities.† He said if they are going to do an ordinance like this, they need to build support countywide.† He commented that they should put it into a work plan that is realistic and affordable.
Van Vactor indicated they did an analysis and if they charged the same fee to the City of Eugene, they would raise $5,760 which could not fund the program.
Fleenor thought they could raise the fee to $100 per unit which could fund $55,000 towards the process.† He didnít think they had to solve all the issues at once, but they could establish the public trust.
Green commented the problem Fleenor described was not unique to his district.† He stated it is a nationwide issue. He stated this was a private property issue and not a County issue.† He thought they should go after the effort of increasing public safety in the area because they are dealing with something that is illegal and enforceable.† He was interested in helping the Sheriff and District Attorney get the convictions and arrest.
Fleenor asked what the most efficient way was to remedy this type of problem. He thought they should be told about community standards, given an opportunity to comply and if they donít, they will be penalized economically.† He thought that was more of an efficiency process than hiring 200 or more deputies to look for landlord occupancy problems.† He commented that public safety should be used for situations such as robbery and homicide.† He didnít think a Sheriff should enforce minimum occupancy standards.
7. COUNTY ADMINISTRATION
Van Vactor asked about the Countyís position on HB 3058.† He suggested the legislative committee meet to discuss the bill and have Bieda formulate a formal County position.
8. PUBLIC WORKS
a. ORDER 07-7-25-10/In the Matter of Recognizing and Designating Tide Wayside, Linslaw, Hendricks Bridge Wayside, Lowell Covered Bridge, Jennie B. Harris, Dorena Covered Bridge, Triangle Lake Landing, Schindler Landing, Farnham Landing, Forest Glen, Ben & Kay Dorris, Old McKenzie Fish Hatchery, Leaburg Boat Landing, and Heceta Beach County Parks as Roadside Safety Rest Areas Eligible for Expenditure of Road Funds
Todd Winter, Parks, noted an adjustment to this order is exchanging Leaburg Boat Landing and adding Deerhorn in its place.† He said they are in close proximity and Leaburg Boat Landing has portable toilets and Deerhorn has a boat facility and a lawn area.† He indicated the order was correct and is an allowable exchange.† He explained that Lane County Parks maintains numerous facilities that function as roadside safety rest areas referred to as waysides.† †
Winter recalled in 1994 the Board designated seven parks as roadside safety rest areas and six continue to serve.† He indicated that road funding expenditures are restricted by the Oregon Constitution supporting the road system.† He added that Parks facilities are prohibited from using road funds unless the facility serves the road system.† He said it is a common practice to designate parks or portions of parks to be eligible for road fund support.† He noted that currently Lane County Parks receives $4,009.83 annually from the road fund for the six waysides previously designated as road waysides.† He said the Board had supported their eligibility for road funds as allowed by law.† He indicated they are receiving approximately $24,000 from the road fund and the cost to operate the six original facilities and the additional eight is about $38,000.† He noted it was a net to Parks of about $14,500.† He said as long as the six parks are designated as roadside rest areas and the eight additional parks function as road side safety rest areas available for public use for those purposes, Parks would continue to incur costs and fall further behind the maintenance fee. †
Winter stated they went to the Roads Advisory Committee and presented the material to them.† He indicated they unanimously recommended approval by the Board.† He said that staff recommends Option 1 and asks the Board to support the revision of the list of roadside safety rest areas to include the above list with the exception of Leaburg Boat Landing removed and replaced with Deerhorn.† He indicated the Roads Advisory Committee had concerns about signage.† He included an attachment of some signage where allowable.† He indicated the recommendation from staff for those parks designated as roadside safety rest areas will be signed and time limited parking spaces will be marked† immediately adjacent to the restrooms.
MOTION: to approve ORDER 07-7-25-10 as corrected.
Green MOVED, Fleenor SECONDED.
Green wanted signs indicating how the rest areas were funded so citizens know.
Sorenson asked how long the time would state.
Winter responded the signs would state parking would be for 15 minutes.† †
Sorenson asked what the maximum amount of time would be allowed.
Schussler explained the constitution that allows for these does not designate any time in particular. He said they donít want to have people using the spaces so they can get into the park free.
Sorenson asked if the 15 minute resting space was part of this order.
Winter said recognizing the designation of the wayside, in their recommendation they stated they would place signage directing people to get there and they will have the time limit, no fee parking spaces provided.
Stewart asked if they could declare wayside rest areas and fund the maintenance out of road funds. He noted the rest areas along I-5 have green space and places for picnic tables.† He thought if they were called rest areas why could they not be declared the same and paid for out of the road fund.
Schussler indicated some are used as boat ramps.
Wilson said if the activity has been parks, the history and the use makes them not for the benefit of the motoring public.† She noted building a new rest area doesnít have history to hold back. †
Stewart was against the 15 minute timeline on the signs.† He didnít think it was practical or appropriate.† He said if they have to have a timeline, it needed to be a longer time frame.† He asked if they had to have a time limit.† He didnít want to have a time limit.
Wilson said they would be put in a position of exempting the whole parking area from the parking fee.† She thought they could have everyone pay a fee to use the roadside rest area.† She said it is a mix use.† She noted that all parks are charging for parking fees. †
Stewart wanted to see a longer time limit.
Fleenor recommended a 30 minute time limit.† He thought that was a reasonable time limit.
There was consensus of the Board for a 30 minute time limit.
Green amended the motion to include a 30 minute time limit.
Fleenor amended his second.
9. HEALTH AND HUMAN SERVICES
a. ORDER 07-7-25-11/In the Matter of Applying For and Accepting State Funding in the Amount of $127,398 to Continue Expansion and Enhancement of County Veteran Services Pursuant to ORS 406.450-.462 and Senate Bill 5541 and to Establish a New 0.5 FTE Temporary Assistant Veteran Services Coordinator Position and to Appropriate $18,394 in Revenue and Expenditures to Fund this 0.5 FTE Temporary Assistant Veteran Services Coordinator Position (Fund 285).
Rob Rockstroh, Health and Human Services, explained this is enhancement money.† He was supportive of this as he didnít think the risk was high.
Van Vactor thought the requirement from the state was offensive.† He commented that the County had supported the Vets for many years without increasing the state funding.† He said the state steps up with a minor amount and they impose this requirement. He recommended the Board support this item.† He stated if they do any downsizing they wonít be able to renew it.† He thought it was a great public service and a good enhancement to the service level.
Joseph Riley, Veterans Services, indicated they were audited by the Secretary of State Auditís Division and they came through without any supplanting issues.† He noted the only county that had some concerns was Linn County.† He recalled during the SB 100 process, the Board took a position on the language as did AOC subsequent to those positions being known to the legislators, the supplanting language was modified and now there are the abilities for the counties to reduce the veterans program at an amount equal to the reduction of other county programs.† He commented that across-the-board cuts are okay as long as veteranís services are not being treated any worse than other County programs.
MOTION: to approve ORDER 07-7-25-11.
Green MOVED, Fleenor SECONDED.
10. MANAGEMENT SERVICES
a. ORDER 07-7-25-12/In the Matter of Authorizing the Sale of Surplus County Owned Real Property Identified as Map No. 17-03-29-12-01602, Located at 2560 Frontier Drive, Eugene, and Commonly Known as the Child Advocacy Center, for $540,000.
David Suchart, Management Services, recalled the District Attorney and the Child Advocacy Board brought this to the Board.† He recommended moving forward with this.
MOTION: to approve ORDER 07-7-25-12.
Green MOVED, Fleenor SECONDED
11. CORRESPONDENCE TO THE BOARD
Stewart indicated he received a letter from Port of Siuslaw asking about intervener status.
Fleenor asked the Board to hold off filing for intervener status.† He indicated there will be other opportunities in the future.† He thought they should keep the regulatory layer to a minimum as private firms are trying to work things out.† He said there will be other opportunities for them to file intervener status.
Wilson indicated she was not familiar with this item.
Fleenor thought the County should hold off for a period of time while things settle down.† He commented the letter from Port of Siuslaw was contrary to what they had agreed upon. †
12. COMMISSIONERS' ANNOUNCEMENTS
Fleenor announced Coffee and Conversation at Waltonís Mountain Country Kitchen tomorrow from 10:00 a.m. to noon.† He added at night they will be having a town hall meeting regarding Highway 126 speed and safety issues.
Green indicated he attended a workshop about the NACo card.† He didnít find a reason why they couldnít participate.† He said he would do research with the local pharmacies to ask about their level of participation.† He explained the prescription card is not a card that provides insurance; it is a discount prescription card for people without medical insurance.† He added savings would only be at participating retail pharmacies.† He noted it doesnít obligate the County to anything except for the agency that has the cards.† He indicated there are hundreds of counties doing this.† He thought it would be good for public citizens who have barriers in getting prescriptions at a reduced cost.
There was consensus from the Board for Green to work on this.
Van Vactor stated there was a concern that Caremark was under investigation.† He was concerned about Lane Countyís reputation if the company was performing illegally.† He thought it could taint Lane County. †
13. EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation and per ORS 192.660 (2)(e) for the purpose of deliberations with real property negotiators.
14. OTHER BUSINESS
There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:20 a.m.