Wednesday, June 20, 2007
Commissioners' Conference Room
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
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
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
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.
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.
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.
opened the Public Hearing for Measure 37 Claims.
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.
3. PUBLIC HEARINGS
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
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.
opened the Public Hearing. There being no one signed up to
speak, he closed the Public Hearing.
Dwyer MOVED, Green
SECONDED. VOTE: 5-0.
4. CONSENT CALENDAR
of Minutes: None.
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.
/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).
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).
the Matter of Deferring the $750.00 Processing Fee and
the $100.00 Notice Fee for the Brandt Ballot Measure 37 Claim (Brandt/PA7297).
to approve the Consent Calendar.
Green MOVED. Dwyer
5. EMERGENCY BUSINESS
6. COMMISSIONERS' REMONSTRANCE
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
consider what they are losing and to try to do the best they
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.
7. COMMISSIONERS' BUSINESS
8. COMMITTEE REPORTS
Certificate of Achievement
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.
Budget, Making Appropriations and Levying
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
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
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.
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
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
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
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.
to approve ORDER 07-6-20-6.
Dwyer MOVED, Fleenor SECONDED. VOTE:
10. PUBLIC WORKS
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
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.
to approve Option 3 of ORDER 07-6-20-7
Green MOVED, Dwyer SECONDED. VOTE:
11. MANAGEMENT SERVICES
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
Dwyer recommended the
County quitclaim the land.
Sorenson was in favor
of more discussion with the Splawns.
12. CORRESPONDENCE TO THE BOARD
13. COMMISSIONERS' ANNOUNCEMENTS
14. EXECUTIVE SESSION as per ORS
15. OTHER BUSINESS
There being no further
business, Commissioner Stewart recessed the meeting at 12:00 p.m.
Melissa Zimmer Recording