Wednesday, June 20, 2007
9:00 a.m..
Commissioners' Conference Room

APPROVED 5/6/2009


Commissioner Faye Stewart presided with Commissioner 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.








Curtis Williams, Eugene, said he came to the meeting last week regarding forming the Emerald Valley Paintball Club. He said it wasn't intended to be a threat to the County. He thought the County hasn't been there to support paintballers in the area over the past 25 years. He said an organization needs to be formed as there are players all over the County. He commented that there are more people playing paintball regularly than there are people playing soccer. He has been asked to try to get the County an understanding of the sport. He said it is the fastest growing sport in the world and throughout the state of Oregon. He said it is the time for the Board to start to recognize it. He stated that he gets no monetary gain from the club. He noted that Jim Gillette, is one of many property owners allowing this. He said they will play wherever they have permission to play.


Fleenor asked what process could make it a permitted activity.


Dwyer said it is Goal 4. He said it is the legislature that sets the permitted uses on farm and forestland.

Fleenor wanted to see other ordinances of counties that do this.


Green stated that he was opposed to the activity. He added if it meets the tests with land use goals, then he would be bound by the law to comply.


Jim Gillette, Eugene, stated that there is nothing illegal about paintball. He asked legal staff and Jeff Towery about paintball and he was never shown where there was no law against playing paintball. He said they should be able to play it.  He recalled that he had 30 people on his property playing paintball last weekend. He doesn't want to get in trouble. He doesn't want to charge admission. He wanted to see rules and a referee. He wanted to see it organized. He said the sport is teamwork. He said he has been trying to get a park. He doesn't want to pay a fee that is contrary to state law.


Michael Smith, Eugene, said he supported Jim Gillette in the past. He hoped the County could rally for Secure Rural Schools and a long term funding solution to offset a portion of the cost.


Doreen Splawn, Junction City, distributed a map. (Copy in file). She said the map looks like the property when they bought it. She said in 1951 there was one entered title and when it transferred over to another owner, there was another entered title. She thought they owned it because of the different streams going through the property. She wanted to go back to the original description. She said the part that is in question has been underwater. She didn't know it was up for delinquent taxes.


Commissioner Stewart opened the Public Hearing for Measure 37 Claims.


Brandi Stachelrodt, Florence, represented Alan Bruce and Allen Montgomery. She said the analysis she received back is that they acquired the property in 1999 and 2000. She said the family had homesteaded the property in the 1800's. She recalled on page 62 it showed Laura Montgomery acquiring a section of the property on January 18, 1991. She added that she had an A & P Partnership that went into effect October 28, 1993. She noted they had a second amendment that added Bruce Montgomery. She said that Laura owned it before 1999. She indicted the second issue was the reducing of the fair value market of the property. She said since it is 300 acres, they own most of the north end of Siltcoos Lake and she couldn't get a commercial appraisal because it would take 8 to 10 months due to the terrain. She stated that they hired an agent to give her an analysis of what it would be if it were commercial property. She said considering that Laura has owned the property since 1991, the zoning for Lane County for F2 property passed in 93, it allowed for campgrounds in 1993, Section 16.211. She said they would like to apply for a destination resort and want to share with the community.




a. PUBLIC HEARING AND ORDER 07-6-20-1/In the Matter of Adopting the FY2006-2007 Supplemental Budget #3, Making Reducing and Transferring Appropriations.


Dave Garnick, Budget and Finance Manager, reported that this is the third and final supplemental budget adjustment of this year. He noted that most are technical adjustments to make sure they end the year with sufficient appropriations that reflect actual resources for the year. He explained that any amendments over ten percent require a public hearing. He said when they adopt the budget, they have a ten percent limit.


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


MOTION: to approve ORDER 07-6-20-1.


Dwyer MOVED, Green SECONDED. VOTE: 5-0.




A. Approval of Minutes: None.


B. Assessment and Taxation


1) ORDER 07-6-20-2/In the Matter of Approving Settlement of the Luzon Services, Inc. Tax Claims in Bankruptcy Court, and Approving the Cancellation of Taxes Remaining on the Luzon Services, Inc. Affected Accounts.


C. Public Works


1) ORDER 07-6-20-3 /In the Matter of Accepting a Deed of Land to Be Used as a Public Road Easement for Lorane Highway (County Road No. 846) (18-04-11).


2) ORDER 07-6-20-4/In the Matter of Accepting Deeds of Land to be Used as a Public Road Easement for County Road Number 1026 (Allison Road) (17-06-07).


3) ORDER 07-6-20-5/In the Matter of Deferring the $750.00 Processing Fee and the $100.00 Notice Fee for the Brandt Ballot Measure 37 Claim (Brandt/PA7297).


MOTION: to approve the Consent Calendar.




VOTE: 5-0.








Sorenson said they are working on what they will do after Van Vactor's retirement. He thought they needed a larger discussion about where the County is headed with Lane County's government structure. He thought discussing the job description is one aspect of the overall transition. He commented that it needed to be done carefully and they should consider what they are losing and to try to do the best they can.


Fleenor thought the transition should be viewed from a larger perspective regarding what the County will look like if they do not get Secure Rural Schools funding or if they do get the funding, what it would look like at a reduced rate.








a. Finance and Audit Committee.


Certificate of Achievement for Excellence in Financial Reporting


Dwyer reported that this was the fourth year Lane County received the Government Finance Officers Association Certificate of Achievement for Excellence in financial reporting award for the fiscal year ending June 30, 2006. He stated the Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting.




a. Announcements:  None.


b. DISCUSSION/2007-2008 Lane County Budget, Making Appropriations and Levying Taxes.


Fleenor distributed a proposed order that lays out the process of bringing people together for the mid-term deliberation. (Copy in file).


Garnick explained that they tried to bring forward any further changes they became aware of since the budget was approved. He indicated that people have been putting together last minutes grant changes and FTE corrections. He indicated they had a series of attachments to discuss. (Copy in file). He stated that this will be rolled into the agenda memo for next week when they actually adopt the budget and all of the changes will be included


With regard to Attachment A, Garnick explained they were routine adjustments. He added besides Attachment A, they have had three other adjustments that were not dollar adjustments, but they are FTE's. Attachment B is a list of contracts. He said these were continuing contracts. He noted there was one new contract added. He noted Attachment C is association dues and agreements. He recalled that these were approved in Budget 1.


Garnick noted the add packages are on Page 3 of the agenda memo. (Copy in file). With regard to the Marshal's Contract, he said the original 78 bed contract will not happen. He understood that they could only buy about 20 beds. He indicated that as a result, the Sheriff's Office will have to come up with a reduction. He indicated that there will be the closure of 58 beds at the Community Corrections Center. He recalled the Board approved a tipping fee increase. He added for special revenue for Sheriffs Office Inmate Crew, the road crew is going away but they are bringing it back as an Inmate Work Crew, and the revenue they generate will support the crew.


With regard to the U.S. Marshal Service, Russ Burger, Sheriff, said they were talking about the transferring of 78 inmates coming from out of state. He indicated that didn't materialize but the Marshal has the ability to change the timing of transfer in and out of inmates where the net result will be an additional 20 that will help them during the next fiscal year. He said they will still end up closing 36 beds at the Community Correction Center, closing 35 beds at the Intake Center and closing 48 beds on the third floor of the Jail.


Garnick indicated it is about a $1.2 million reduction of 14 FTE.


With regard to the Public Works items, Garnick said they have a clerical position. He added $85,000 for Land Management, a proposal coming up under 10 a. about a decrease in the surcharge for long range planning.


Fleenor asked if the Volunteer Coordinator for LCARA was added. Garnick said it had already been added to the budget.


Fleenor thought they needed to have something more definitive than just a conversation about how they are going to proceed in future budgets. He wanted a board order that lays out the timing and the process by which they will enter into a mid-year budget deliberation that looks at how they will deal with whatever timber revenue they have. He wanted October 8 as a time certain to know where they are headed in the future. He stated they have a structural deficit and they need to take an active role in figuring out how to deal with this. He indicated that it was a rough draft. He said it committed the Board to a road map.


Dwyer had confidence that if they tell the County Administrator, they will have this discussion in October. He was not opposed to the order. He said if what it takes was a board order to give Fleenor confidence that if they give direction it will happen, he would do it. He didn't share the same fears as Fleenor because they already discussed the mid-course correction. He thought they needed to be unified to operate the government.


Sorenson commented the idea of a one day massive reduction in the Lane County budget did not appeal to him. He thought last year they did not change the budget at all. He recalled the recent budget decision was to spend all of the money and that is what is proposed for next week. He was against spending Secure Rural Schools money. He liked monitoring the federal government and giving a period of time to see if they can work something out.


Green commented that the reason they have review of assignments at the end of the meeting is to memorialize the action of the Board. He added they have a similar process for the budget meetings. He said anything they say and do is recorded for history. He said they have had the discussion about structural deficits. He said if Fleenor wants an order for the next steps that was okay for him. He recalled that in February, Sorenson presented a resolution starting the terminations at that point in time. He thought they had a conversation about stepping down the organization when they knew more after August or September. He thought they were doing things and they had a plan. He didn't hear opposition at that point in time. He hoped that whatever they do with listening to constituents that they include Lane County employees in their efforts to listen. He wanted that included in the board order.


Stewart thought they had clear direction at the Budget Committee and through the Board meetings they would have a get together with the Budget Committee and the Leadership Team in late September or early October. He thought at that time they would take the best information they had available where they believe the federal government was going to be. He commented that he has been at Lane County for two years and they have been trying to address the structural deficit in that time through different measures and things they do. He said when they discussed the Listening Tour, they made it clear they would talk about their position at Lane County and listen to the citizens on their ideas.


Fleenor was open for modification but he wanted to achieve a unanimous vote to support the current budget. He said this would make him comfortable to vote yes.


Sorenson said because this wasn't circulated to everyone, they wouldn't act on it today. He wanted Van Vactor and Wilson to review this.


Green stated that they did have a reserve and didn't spend all the money.


c. ORDER 07-6-20-6/In the Matter of Authorizing the County Administrator to Execute an Intergovernmental Agreement with the City of Eugene for Purchase Option for Exploring Potential Cooperative Development of the Golden Gardens Properties.


Van Vactor thought this was an excellent agreement because it gives Lane County an option it could exercise up to two years. He said they could do their due diligence and it allows the city of Eugene to work on the Golden Gardens development of the park and addressing the safety issue of the ponds. He encouraged the Board to support it, as it would help with a long term policy with the fairgrounds and its future.


Green said a lot of what they do has to be contingent upon their ability to make it happen from a fiscal standpoint. He asked if there wasn't a willing seller.


Van Vactor stated the city manager is prepared to sign the agreement.


Dwyer thought the agreement spoke for itself. He thought it was an opportunity for the Board in the future. He stated that it was a mutual benefit. He added that they will need the city's cooperation and they will need the County's cooperation. He added that it will take involvement of the neighborhood near the fairground and in Golden Gardens. He said it doesn't bind the County to anything but it keeps the process open and their opportunity alive while they do their due diligence and they work toward the common goal of providing for all of the citizens of Lane County, rural and urban. He thought they could have a state of the art facility without gouging the taxpayers.


Fleenor thought this was the perfect contract because there is no money down, the County has an option and there is no risk for the County. He thought it was an excellent opportunity to embark into the future.


Sorenson noted that there was nothing in the agreement that would require a public process. He wanted them to state that the County was interested in the potential development of a portion of the property as a possible replacement of the Lane County Fairgrounds property and the potential rezoning and sale of the existing Lane County Fairgrounds in order to fund acquisition and development of the portion of Golden Gardens. He asked what assurance they could provide the public that this would be a public process.


Dwyer stated that it triggers three Metro Plan amendments that are public.


Van Vactor said they could add another requirement that before Lane County takes final action, it holds a public hearing.


Sorenson thought it would be important for him to make sure there was a commitment for public participation in the acquisition and in the design and with the existing Lane County Fairgrounds property. He supported this.


Stewart recalled that they asked Warren Wong, Fairgrounds, to poll citizens at the fair about a potential new location. He added that they included it in the Listening Tour. He recommended the Agenda Team schedule a work session to discuss a process and timeline.


MOTION: to approve ORDER 07-6-20-6. Dwyer MOVED, Fleenor SECONDED. VOTE: 5-0.




a. ORDER 07-6-20-7/In the Matter of Revising Lane Manual 60.850 to Increase the Long-Range Planning Surcharge From 7'/i Percent to 10 Percent, Effective on July 1, 2007.


Craig Starr, Land Management, explained that he presented several alternatives to the Finance and Audit Committee for offsetting the loss of video lottery funding that had previous supported their long range planning staff. He recommended increasing the long range planning surcharge from 7.5 percent to 10 percent and to fund the remainder out of reserves that exist in the Land Management fund. He stated that Finance and Audit supported the recommendation.


MOTION: to approve Option 3 of ORDER 07-6-20-7 Green MOVED, Dwyer SECONDED. VOTE: 5-0.




a. ORDER 07-6-20-8/In the Matter of Providing Direction to Staff for Disposition of County Owned Tax Foreclosed Property Identified as Map No. 15-04-16-0000300 (Located North of Hwy. 99 near Harrisburg Road).


Jeff Turk, Management Services, asked for direction for the disposition of this property. He explained that the property has been in County inventory since 1968 when they foreclosed on it. He recalled that it was a property that used to have a river running through it. He said in the early 50's there was a deed that included the area that is the County's property. He added there was a subsequent deed that didn't include it. He said Assessment and Taxation at the time created a tax lot and tax account having an unknown owner and several years later the property was foreclosed upon because there was no tax bill sent out to anyone. He recalled that when the County got it in 1968, there were questions as to whether the property existed and what exactly the boundary lines were. He said it used to be an old river bed but it is not anymore. He indicted the State Division of Lands has no interest in the property. He said there was an offer received by Mr. Loterno for $5,000. Turk contacted the adjacent owners. He indicated that there are issues with boundaries. He added that the survey showed two different meander lines for the river. He said they could either sell it to the Splawns, to Mr. Loterno or offer it at a future action.


Dwyer thought they should allow the people who think they own it be allowed to buy it.


Turk stated there has not been any firm offer.


Dwyer asked to work with the people to find the consideration and to bring it back to the Board.


Turk recalled that ORS 275.190 has the provision that the Board has to accept the highest and best offer.


Dwyer recommended the County quitclaim the land.


Sorenson was in favor of more discussion with the Splawns.










14. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Stewart recessed the meeting at 12:00 p.m.



Melissa Zimmer Recording Secretary