June 27, 2007

following MWSD

Commissionersí Conference Room

APPROVED 5/6/2009


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.  




Item 5.C.3) for the Consent Calendar, is a housekeeping item.  4 A. is an order establishing a process and time certain for addressing the Lane County structural deficit and future federal forest payments. The item under 10 B.  Health and Human Service, is to approve 2007/2009 Lane County Community Corrections Plan in the amount of $21,208,780.  Item 8 b. to be added is for the Listening Tour. For item 11 a. the amount on the agenda is $350,000 but it is $237,100.




Josh Goldstein, Swiss Home, stated he was speaking as Fleenorís appointee to the Roads Advisory Committee.  He asked for an enhancement of the public posting policy the County has.  He stated they had lost their at-large member that lived in the area.  He found out when they solicited applications for a new appointee it was only posted in the Eugene newspaper.  He said that was not the primary newspaper in the area.  He made a request to Public Works that they consider posting in the local papers for all of the rural areas, as this was the policy.  He requested to post them in the primary newspapers.


Emmett Adair, Black Lotus Tattoo, stated he represents Black Lotus Tattoo and Julian School of Tattooing.  He indicated that his shop is licensed with the state of Oregon and the Oregon Board of Education licensed their school.  He noted that they are a local company with local employees and they have strong ties to the community.  He said they have a grievance against the Lane County Fair Management.  He said as a tattoo shop they requested a booth at the upcoming County Fair. He indicated that they applied for a booth to represent their shop and to do tattoos.  He added that his application was summarily denied for the tattooing portion of their vendor booth.  He understood there was no Lane County Fair Board and a single person in the fair office had denied them.  He said the fair management staff told them their application had been presented to the Board and the Board had denied them.  He indicated that at first their application was denied because of health concerns.  He said they received permission from the Oregon Health Department for an offsite permit that enables them to tattoo at the Lane County Fair.  He noted that several other fairs around Oregon allow tattooing on site.  He said having addressed the health concerns brought up by the Fair office; they were then told that tattooing does not fit into the Fairís family atmosphere.  He commented that tattooing has been in the Fair at the past and the Fair is allowing piercing this year.  He indicated that they have not received any cooperation with the Fair management.  He said they are being told repeatedly that tattooing is against fair policy and they are unwilling to talk to them.  He said they requested a policy that referred to the prohibition of tattooing and they received a letter with Fair rules attached.  He said they were likened to pornographers.  He said when they expressed they were being treated unfairly without just cause, Pam Pomerloo, Fairgrounds, explained that they do not allow pornographers at the fair either.  He asked if Pomerloo could make an arbitrary decision about vendors and their suitability to present their goods at the fair.  He thought they were being treated unfairly without just cause and is a clear of a single personís bias deciding what will be allowed at the Fair.  He asked the Board to review the practices of Fair management.


Van Vactor thought they should get a report from the Fair Manager and put it on the agenda for the first meeting in July.


Zachary Vishinoff, distributed a letter about nanotechnology.  He indicated that Rep. DeFazio raised an issue of public health with regard to nanotechnology.  He was also concerned about the fairgrounds.


Peter Farris, Waldport, stated that he is a lobbyist for a new organization called the Oregon Manufacturers Homeowners United. He said they are going statewide to represent the 100,000 residents who live in mobile home parks. He stated that this legislative session they have HB2735 that addresses many of the issues around compensation.  He said the issue has been preemption.  He explained that it would pre-empt all cities that do not pass ordinances by Saturday. He asked the Board to pass an ďinstantĒ ordinance, a one line and if they do so by Saturday, then the Board is able to amend for 180 days.  He said this is what they are recommending for counties and cities statewide.  He noted they have had 33 mobile park closures in the past three years.  He indicated they have had significant dislocation of people and under the state statute people lose their homes.  He hoped the Board would pass this ordinance.


Jerry Hardin, Eugene, said he resides in a seniors only mobile home park.  He said when the window closes for the ordinance amendment, it closes.  He asked for the Board to act on this.  He said the new state law that will go into effect on October 1 represents a leap forward for mobile home park residents.   He said the Board is able to provide help for the constituents.  He noted that under the Housing Policy Board recommendation, the resident would receive 100 percent of their moving costs including costs for motel living and meals during the interim time when their home is being moved.  He added that if a home could not be moved for any reason, under the new state law, they will receive a maximum compensation of $12,000 for a double wide and the Lane County Housing Policy Board provision would provide 100 percent of the real market value of the home.


Jim Gillette, Eugene, indicated 197.465, Goal 8, talks about private parks and campgrounds: said campgrounds in private parks should not be allowed within three miles and it is a state law.  He indicated the County has changed that to state even the parks themselves cannot be within three miles of a city.  He wanted the Board to review this.  He wanted to get the park.  He reported that last weekend he had 30 or 40 people on his property.  He said he didnít invite the people but people go onto his property.  He wanted to start a landowners association where people pay for a lifetime membership and sign waivers.  He thought the $16,000 was extorted from him.  He said he would put that money back into paving the road.   




a. ORDER 07-6-27-1/In the Matter of the 2007 Election to Receive National Forest Related Safety-Net Payments Under P.L. 106-393


Garnick discussed Attachment A. (Copy in file).  He indicated that it is the money they have been receiving under the Secure Rural Schools Act.  He noted the first election the Board had to do was to decide how much of the Title I money is to be allocated toward projects.  He said the act requires taking either 15 or 20 percent off the top of both the O & C and 15 or 20 percent of the National Forest to be put into projects.  He indicated that they put 15 percent into O & C into the projects and that means they maximize the dollars that come into the general fund, but they have taken 20 percent off the top of the National Forest dollars.   He said the Title II monies they allocate are retained by the federal government and they decide in election three how to split it among the different resource advisory committees.  He added that Title III money comes directly to the County and the funds can be used for allowable uses.  He said the total dollars they have worked with has been amount $51 million.  He said all the dollars have to be spent on projects on federal lands.


Dwyer asked why they have to change the formula.


Garnick said if this is the last year of the act, there is an opportunity to bring more dollars to the County and Option 1 is to reduce the number of dollars that come out of the National Forest receipts that would generate more money for the road fund and the school fund. 


Stewart was not in favor of any of the options.  He wanted to leave it the same.  He said they have only received a one year extension of the bill and they have a long way to go to get a multiple year extension.  He said Senator Wyden is in favor of the Title II portion of the money because it brings people together and by potentially eliminating Title II, it might bring back political problems with his support to move forward to fund this if they are not funding the things he likes.  He said if they reduce Title II by $2 million, there is no guaranty they will find the Countyís share of the Forest Work Camp. He thought they could be faced with closing the Forest Work Camp.  He thought it was premature to change the split.


Dwyer wanted to leave it as is and he didnít want to cut off any alliances that were working.  He didnít see this as being broken.


Sorenson asked what the consequences would be to not approve Option 2.


Garnick said they will continue to receive the money they have already included in their budget that assumed a one year renewal.  He said the timeline has been compressed and the RACís are scrambling to get members reappointed.  He didnít think there were implications.  He said they have to do this soon.


MOTION: to maintain Option 1.


Dwyer MOVED, Fleenor SECONDED.


Green was in favor of Option 2. He said if Senator Wyden and others have concerns about what they are doing, he didnít see how their changing the formula would cause hand wringing in Washington, D.C.  He didnít support the motion.


Sorenson thought they should go with Option 2.  He thought changing the allocation given the circumstances is a good move.   He thought they should take staffís perception on the options.




MOTION: to approve Option 2 of ORDER 07-6-27-1.


Green MOVED, Sorenson SECONDED.


VOTE: 3-2 (Stewart, Dwyer dissenting).


b. ORDER 07-6-27-2/In the Matter of the 2007 Election to Received O&C Land Related Safety-Net Payments Under P.L. 106-393


MOTION: to approve ORDER 07-6-27-2.


VOTE: 3-2 (Stewart, Dwyer dissenting).




a. ORDER 07-6-27-19 Establishing a Process and Time Certain for Addressing    Lane County's Structural Deficit and Its Future Federal Forest Payment


Fleenor explained that these were benchmarks they wanted to hit as they move forward.  He said it doesnít lock them into anything, but it sets the stage that they actually have a process in hand to address some serious conditions as they move forward.    He asked the Board to approve this board order.


MOTION: to approve ORDER 07-6-27-19.


Fleenor MOVED, Sorenson SECONDED.


Sorenson said it gives them a six month head start for July 1, 2008.  He said this gives the opportunity for the Board and the Budget Committee to be involved with the mid-point correction of the budget they will adopt and planning the upcoming budget.  He liked that they incorporated employee and citizen focus groups.


VOTE: 5-0.



a. PUBLIC HEARING AND ORDER 07-6-27-3/In the Matter of Adopting the 2007-2008 Lane County Budget, Making Appropriations and Levying Taxes.


Dave Garnick, Budget and Financial Manager, recalled that last week they had a work session and presented all adjustments and corrections.  He said they have been incorporated into the final order.  He added that there have been no changes recommended.


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


MOTION: to approve ORDER 07-6-27-3.




VOTE: 5-0.


Garnick reported that they received the final work on the employee benefit insurance renewals for August 2007 and although medical and vision premiums are going up, it is only by 8.5 percent instead of the ten percent in the budget. He added that dental premiums are going down by 4.3 percent.  He said that would be about a 7.5 percent overall increase.




A. Approval of Minutes:  None.


B. Assessment and Taxation


1) ORDER 07-6-27-4/In the Matter of a Refund to Murphy Company in the Amount of $47,013.81.


C. County Counsel


1) ORDER 07-6-27-5/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Fairgrounds for FY 07-08.


2) ORDER 07-6-27-6/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Florence Events Center for FY 07-08.


3) ORDER 07-6-27-18 Approving the Use of Transient Room Tax Funds for     Campground Operations Purposes in Lane County Public Works -- Parks     Division for FY 07-08


D. Health and Human Services


1) ORDER 07-6-27-7/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840) Effective July 1, 2007.


2) ORDER 07-6-27-8/In the Matter of Ratifying the County Administrator's Decision to Sign the Grant Application for a US Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention Grant in the Amount of $1,000,000, Over Four Years, to Implement a Nurse Family Partnership Program and, if Awarded, Delegating Authority to the County Administrator to Accept and Sign the Resultant Revenue Documents.


E. Management Services


1) ORDER 07-6-27-9/In the Matter of Granting a Utility Easement to Light Speed Networks, Inc. for $3,500 Over County Owned Property Identified as Map No. 17-03-29-40-00400 (Mental Health Property at 2411 Martin Luther King Blvd).


F. Public Works


1) ORDER 07-6-27-10/In the Matter of Accepting a Deed of Land to be Used as Public and County Road Easement (CO. RD. NO. 2151, Third St., AKA Pioneer Parkway East) and Authorizing County Administratorís Consent to Annexation of Property to the City of Springfield (Martin Luther King, JR. Parkway and Third St.) (17-03-22 & 27).


2) ORDER 07-6-27-11/In the Matter of Ratifying an Application Submitted by Public Works for Grant Funding Under the National Historic Bridge Preservation Program for Goodpasture Covered Bridge and Delegating Contract Signature Authority to the County Administrator in the Event of a Successful Application.


G. Workforce Partnership


1) ORDER 07-6-27-12/In the Matter of Appointing a Youth Representative to the Lane Workforce Partnership Youth Council Committee.


H. Board of Commissioners


1) ORDER 07-6-27-13/In the Matter of Appointing William Van Vactor Interim County Administrator.


MOTION: to approve the Consent Calendar adding 5. C.3).




VOTE: 5-0.








Sorenson discussed a magazine he received: High Town.  He indicated that it was about a conversation on what is going on in the United States to sell or lease public right-of-way for highways and bridges and the fleecing of the taxpayers.


Green recalled when he was in Houston last spring, he came across a journal about privitizing of roads.




a. REPORT/Extension Service Quarterly Report.


Charlotte Risegard, OSU Extension Service, discussed the quarterly report.  (Copy in file).  She also gave a web presentation.


b. Listening Tour


Stewart announced that there have been four dates announced for the Listening Tour:  July 24, 2007 in the evening for Sorenson; July 28, 2007, a Saturday from 9:00 a.m. to 12:00 p.m. for Fleenor; August 1, 2007 in the evening at Willamette High School for Green; and he set one for August 15 in Cottage Grove at the Community Center. 


The Board discussed how the meetings should be set up.





a. Announcements


Van Vactor wished everyone a Happy 4th of July.


b. DISCUSSION/Updating the Job Description for County Administrator.


Jan Wilbur, Human Resources, led a discussion about the review of class specs and the recruitment process.  The information will come back to the Board on July 11.




a. ORDER 07-6-27-14/In the Matter of Appointing 7 Members to the Community Action Advisory Committee.


MOTION: to approve ORDER 07-6-27-14.




VOTE: 5-0.


b. ORDER 07-6-27-17/In the Matter of Approving the 2007-09 Lane County Community Corrections Plan in the Amount Of $21,208,780.


John Clague, Public Safety Coordinating Council, explained that this is the budget for the Community Corrections Act, grant and aid money for Lane County.  He said it is a rollover budget with some administrative adjustments to better account for how the money is being spent.  He indicated that this budget was developed by the Supervisory Authority Team. He said it was passed onto the Adult Community Safety Committee, a subcommittee of the Public Safety Coordinating Council.  He added it was passed onto the full Public Safety Coordinatint Council that adopted the recommended budget and it was forwarded to the Board for final approval.


MOTION: to approve ORDER 070-6-27-17.




VOTE: 5-0.




a. ORDER 07-6-27-15/In the Matter of Applying for a U.S. Department of Justice, Edward Byrne Memorial Discretionary Grant in the amount not to exceed $350,000 for 12 months to further implement the Lane County Defendant and Offender Management Program; and Delegating Authority to the County Administrator to sign grant documents.


MOTION: to approve ORDER 07-6-27-15.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.








Dwyer announced it was his 52nd Wedding Anniversary.


Stewart announced the kick off for the 2008 Summer Olympics on Saturday from 5 p.m. to 7 p.m. at 5th Street Market.  He noted July 7 will be the dedication of the Stub Stewart State Park.  He congratulated OSU for its second National Baseball Title.



14. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(d) for the purpose of deliberations with labor negotiators and per ORS 192.660 (2)(e) for the purpose of deliberations with property negotiators.


There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:00 a.m.


Melissa Zimmer

Recording Secretary