BOARD OF COMMISSIONERS'
June 6, 2007
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.
1. ADJUSTMENTS TO THE AGENDA
Sorenson requested item 3. F. 1) be pulled off the
Consent Calendar for a separate vote. Stewart
noted item 3 C. 1) is also pulled from the Consent Calendar.
Stewart noted there is an item for Emergency Business regarding the CAFR
grant. Stewart added an item for
correspondence regarding Jim Gillette requesting a lien be removed from tax lot
Josh Green, President of Florence Chamber, Florence,
talked about the issue of room tax.
He said that Florence does a successful job in bringing millions of
dollars money into the County in tourism. He
added that the money they get from room tax is never equal to what they give. He said they donít want it threatened or lessened in
reference to the motion that was passed where the Budget Committee wanted to put
that money into the general fund. He
noted the Florence Event Center, the City of Florence, the Pioneer Museum and
the Chamber have taken a limited amount of funds to turn it into profit for the
County. They are concerned about
Cindy Land, Eugene, commented that the ice arena at the
fairgrounds has lost money ever since it was put in. She recalled in 2003 the Fair Board wanted to put in a sports
center instead of a livestock arena and it didnít happen. She added the
planetarium came in next and the voters didnít approve it.
She commented that the livestock arena is a viable facility.
She indicated that it was left out of the November 2006 feasibility study
because at the time they were already told that it was going to be leased to the
YMCA. She suggested the Board look
at the financial viability of the livestock arena as a reality, not as a
novelty. She stated the arena has
been making $100,000 per year.
Bob Still, Creswell, stated that today is D-Day.
He commented that the commissioners worked hard to get money from Secure
Rural Schools and he thanked the Board for their effort and continued work to
try to get this money.
Eugene, stated that she represented SARA. She
thanked the Budget Committee for adding a volunteer coordinator for LCARA.
She thought it was a step in the right direction. She urged the Board to
adopt the budget as presented with the position.
She recommended that the position be expanded.
Human Rights Party of Oregon, said they are a new political party focusing on
poverty, education and environment. He
thanked the Board for their position on the income tax. He thought the election was a mandate against an income tax
dedicated to public safety. He
wanted the Board to consider gross receipts corporate income tax that focused on
out of state corporations.
Cliff Kelly, Elmira, recalled that the 4H pre-fair was
held at the fairgrounds. He
reported that the kennel club had a dog agility trial in the building.
He said there were people that came to the gaming show.
He commented that people in the equestrian community think about the
fairgrounds as home, not the Horse Center.
He announced that the Alpaca Show is coming up in June.
Green asked if the community would support a bond
measure to make it work.
Kelly thought enough people in the community would
like to see it happen. He thought
the Board needed to create a vision and the money would follow.
Veneta, recalled that almost a year ago the Board gave the planning department
money to implement the airport protection.
He stated that up to this date nothing has been done. He was upset at the money it was costing him by his not being
able to use the property the way it should have been. He recalled in 1984 his property was zoned an airport and his
property was in the plan.
Eugene, wanted something to be done about tying up his property. He said that he never had a hearing. He thought Sorenson voted against him. He thought compliance was out of whack the way they treat
A. Approval of Minutes:
June 28, 2006,
Regular Meeting, Following HACSA
April 11, 2007,
Regular Meeting, 1:30 p.m.
B. Assessment and Taxation
1) ORDER 07-6-6-1/In the Matter of a Refund to SNB Properties LLC
in the Amount of $28,407.53.
2) ORDER 07-6-6-2/In the Matter of Authorizing the County
Administrator to Execute an Intergovernmental Agreement Contract Amendment
1 Between the Department of Consumer and Business Services (DCBS),
Building Codes Division and Lane County to Accept Applications and Fees for
Ownership Document Transactions and Trip Permits as an Agent of the DCBS.
C. Board of Commissioners
1) ORDER 07-6-6-3/In the Matter of Ordering the Appointment of a
Lane County Local Government Member of the Benton, Lane, Lincoln, Linn Regional
D. Health and Human Services
1) ORDER 07-6-6-4/In the Matter of Approving the Lane County
Public Health Authority Plan for FY 2007-2008.
2) ORDER 07-6-6-5/In the Matter of Approving the Department of
Human Services Financial Assistance Agreement for the Period July 1, 2007
Through June 30, 2009 and Appointing the County Administrator or His Authorized
Designee as County Financial Assistance Administrator for the Agreement.
E. Management Services
1) ORDER 07-6-6-6/In the Matter of Authorizing the Sale of
Surplus County Owned Real Property for $100 to the City of Springfield (Map No.
17-02-34-23-00400, Within 60th Street Right of Way at "E"
F. Public Works
1) ORDER 07-6-6-7/In the Matter of Approving the Sale of the
Parks Property ďGlenada DunesĒ in PSA, Exhibit A, to the State Of Oregon in
the amount of $397,000 and Authorizing County Administrator to Execute the PSA
and All Necessary Agreements.
2) ORDER 07-6-6-8/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 (PA06-7323, Barnes).
MOTION: to approve the Consent Calendar with items C. 1) to be rolled to next
weekís agenda and F. 1) to be discussed separately.
Dwyer MOVED, Fleenor SECONDED.
Sorenson recalled that the Board chose this property as being eligible
for park designation. He indicated
that today they are finalizing the Board approval of selling the park to the
State of Oregon to be used as a state park.
He added the state will pay the County for the park.
MOTION: to approve ORDER 07-6-6-7.
Dwyer MOVED, Fleenor SECONDED.
ORDER 07-6-6-9 Approving the Amended County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2007-2008.
MOTION: to approve ORDER 07-6-6-9.
Dwyer MOVED, Fleenor SECONDED.
Dwyer explained that this grant was important as it makes up the difference and allows them to do what they are required to do by the Department of Revenue. He added it is recognition that they donít have the resources without this grant.
Stewart noted that it is nearly a quarter of the funding for the Assessorís office. He thought it was important that they apply for the grant.
Sorenson said as they are in a transition to a new
fiscal year, he thought the Board should embark on a public outreach effort.
He wanted to take ten Tuesdays and Wednesdays and each commissioner would
pick two locations in their district. He
added that the Board would go along with the other elected officials to have an
educational program for the public about where things stand with the budget now
that they have the Secure Rural Schools funding for one year and the challenge
of whatever comes in the next budget cycle.
Green said he is speaking as chair for NACo under the
Public and Justice Committee. He
stated on June 5 AP released a report on how murders rise in big cities.
He objected to the news coverage the following day.
He said the report claimed the increase was due to African American and
Latinos. He resented that fact
because it gave the public the impression that only African American and Latinos
are committing crimes. He thought
it was racial bias in the media. He
commented that when that image is trickled down to the local level, it would be
disingenuous on the public safety department to target those people as felony
offenders and gang members. He said
there are some indicators in the community that there is a rise in gang
community. He indicated that it was not isolated in the communities of
Fleenor concurred with Sorenson that they should go
out on the road to connect with citizens. He
thought ten sessions might be too many. He wanted to have two in his district. He thought it was imperative that due to the defeat of the
income tax they go back out to try to connect with the citizens.
a. REPORT BACK AND DISCUSSION/Fairgrounds.
Alternate Uses of
Management Services, reported that at Board direction, he contacted Don Stewart
of ECS, (the potential feasibility consultant) about doing more of a scoping
study than a feasibility study so he had a better idea about the issues.
He reported that the issues
included fair viability, site issues, land use issues, economic and marketing
issues, public opinion and perception by users in the general public.
He said that Don Stewart responded that he would like to come up to
Eugene to meet with the Board. He
also wanted to see the fairgrounds and he would bring up the architect he works
with for an observation of the buildings. Suchart indicated that Stewart would
review all materials. Suchart noted
the price for this would be a $10,000 fee and
$2,500 expenditure for him and the architect.
Sorenson asked what
was done last year with the scoping study.
Fairgrounds, explained what took place last year with Market Consulting was two
studies. He indicated one was an
economic impact study that demonstrated the impacts to the local economy of the
Lane Events Center. He added the
second was a market feasibility study based on the existing infrastructure at
the fairgrounds at the existing site. Wong
said in that study he recommended that they look at various other activities
that could come to that site. He
said he didnít comment on the integrity of the infrastructure and whether it
was an appropriate site. Wong asked
him about the viability of animals on that site as an animal use facility.
Wong stated that Don Stewart said in his opinion, it was not a workable
site for animals because of the transportation to the site and paved ground not
working for horses. Wong recommended that the consultant come in while the fair
is taking place so he can see how that site works for a traditional type of
Green said they
still have animals at the fair and entertainment. He agreed with Wong to have Don Stewart come to the fair to
see how the fair is running. Green
was concerned whether or not the priorities of the Board are in sync with the
communityís priorities. He said
it wasnít clear to him what the communityís priorities are.
He didnít want to get in front of any effort that represents what the
Board believes are community priorities and then have it work against them.
He asked how they would pay for it.
He thought they needed to have a public discussion about their
priorities. He said if the public
want animals year round at the fairgrounds, it would require some changes.
He had concerns about spending money for a consultant to come back with a
study that the Board wouldnít embrace because it costs money to produce.
that there are a lot of opportunities. He
thought animals are a critical part of a fair with the traditional appeal for
all of the community. He indicated
the environment got in the way of what it is they are trying to do.
His goal is to look at the broader vision.
He indicated that whatever they do it has to be a dual track.
He said that was why he wanted a moratorium on the sale of the
fairgrounds because it is going to take time to develop whatever it is they do.
He added that they needed a concurrent process to keep conventions coming
to the fairgrounds. He hoped by the
end of the ten year moratorium they would be in a concurrent mode that
transitions them away from the problems they have related to the fair and is
inclusive of all the community. He
agreed not to spend money at the current time or to sign a lease with anyone.
Fleenor agreed that
nothing should happen overnight. He
thought part of the listening tours should include the future of the
fairgrounds, their structural deficit and Secure Rural Schools.
Sorenson asked Wong
whether they should do anything different for the short term.
Wong thought the
logical step would be to have a conversation among the Board.
He added there are policy issues the Board needs to discuss and come to
consensus before they hire a consultant or go to the public.
He asked the Board if they want a traditional fairgrounds.
He thought Deschutes, Linn, Douglas were good examples. He said that would mean they would have a fairgrounds where
they could have animals year long and a rodeo with an outdoor arena and
concerts. He asked the Board if
they wanted to be in the exhibition facility business. He thought the Board should let the private sector or another
public entity take it over. He said
the site was selected 110 years ago and it was rural Lane County at the time.
He said if they want a fairground, the current location is an
inappropriate site and it doesnít work. He
said they wonít be able to make a profit based on how it is staffed and
operated. He said if the Board
wants to make a profit, they need to get out of the business to turn over to the
private sector. He commented that
if it is going to be a public operated facility that it needs to be subsidized.
He added the infrastructure is old and the Board will have to make a decision
about the care of the buildings.
Green thought they
needed to be up front with the public. He
supported what Wong suggested.
Dwyer said they
need to have a discussion based on the policy decisions Wong requested and he
wanted to do that as soon as possible. Dwyer
thought given leadership and visioning, the public would buy into it.
His goal would be to take Wongís advice and schedule another meeting to
discuss the policy issues.
Wong to outline in a memo what the policy issues are. He said they would have a structured meeting to address the
policy issues. He thought there
should be some education. He noted
the number of county fairs in the United States is going down. He thought they needed to know about the trends.
Wong thought they
could develop a brief discussion on each policy issue in about a month.
He recommended having a facilitator.
He said they need to have a larger conversation about County government
and how this fits into a bigger discussion.
revisiting this issue in the fall. He
thought they could give direction to Van Vactor to ask Amber Fossen, Public
Information Officer, to craft an informal survey for people attending the fair
to get that type of data for consideration.
that they take advantage of the fair to do informal polling of citizens and poll
the users. He wanted information
gathered for a September meeting. He
said in the meantime the Board will have offsite meetings and they will ask the
questions of the citizens about their thoughts of the fairgrounds.
think it was in the Boardís interest to sign a long term lease with any entity
that might tie up their ability to explore the options. He said they need to develop the vision, and ask the
questions. He said they need to
develop the strategy of the questions. He
added that the city was important because of the zoning.
with Dwyer. He also wanted to add
additional questions on the survey about infrastructure and adequacy of
facilities and the location.
Wong said he will
talk to the consultant to see if the consultant is willing to come to the fair
for observation for one day. He
added that the consultant wonít write a report.
Wong said he might ask for a memo on his professional observation and he
will keep it under $3,000. He
indicated that they annually contract with the University of Oregon to survey
fair attendees on how they like the fair. He
said they would work with them to expand the survey and they would also survey
the exhibitors of the facility. He
indicated that they will develop a policy issue they could identify and work
with County Administration for a meeting in September.
to not accept any long term leases on the fairgrounds or any building or
facility until they have policy questions answered
Dave Perez, YMCA,
commented that he thought the Board was missing an opportunity to do things for
kids. He indicated that they had
taken the long term lease off the table at the last meeting.
Fred Moore, YMCA,
indicated that they would be no longer interested in initiating a proposal on
utilization. He said after they
find out the information, and they want to expand recreational facilities, that
the YMCA might be one of the participants in the RFP proposal.
He said the policy of the YMCA would be to withdraw their proposal as of
Green supported the
direction of the YMCA. He didnít
want to be an impediment to the progress of the YMCA.
Dwyer withdrew his
motion because it was not necessary and he gave his commitment that they will
work together as they develop the concepts with the venue and the needs of the
community into the future.
b. ORDER 07-6-6-10
Authorizing Execution of a Release of Lien for James Gillette
that Gillette wrote a letter on May 4, 2007 requesting the County to release
liens on his property. Stewart
indicated Gillette called him asking if they could release the lien on parcel
lot 4009. Stewart noted that Gillette has a neighbor who would like to purchase
1.5 acres of the property. He spoke
with Liane Richardson, Assistant County Counsel, and she concurred that Gillette
had done everything and he was waiting for a final inspection on his equine
building. He stated that this only
releases the one parcel, they have other parcels they could use to cover the
additional money owed to the County.
to release lot 4009 as described from any lien encumbrances for the purposes so
a. REPORT BACK Fees for Reinstatement of Building Permits.
Craig Starr, Land Management, reported that this is a report back on
fees for reinstatement of expired building permits. He said their building permit system and the fees are
controlled by Lane Code and Lane Manual. He
said they also have the stateís Uniform Building Code. He explained how a permit expires is closely controlled and
explained in the Building Code. He
noted that a permittee has 180 days after a permit is issued to show meaningful
progress and if they havenít done anything, the permit will expire unless they
take an action to ask that it be extended.
He said assuming they do some construction and ask for a required
inspection, each time they ask for an inspection, it rolls the time period ahead
180 days. He said anytime they are
called out to do an inspection, the time frame moves ahead and if there is no
activity, the permit would expire.
With regard to fees, Starr reported that their system is tied to a 1991
version of the State Building Code. He
said it was prescriptive about what local governments could do.
He said since then there have been updates and the codes in todayís
environment allow the County more flexibility than what used to exist.
Stewart asked if they might have more flexibility if they tied
themselves to a newer version of the state code..
Starr responded that they would be able to have more flexibility with
the establishment of the code. He
said they have to develop a new fee schedule and refer it to the state building
code for review. He stated the 180 day permit is prescribed in the State
Building Code and he commented that local governments donít have the
flexibility to deviate from the code.
Dwyer thought they needed to develop the flexibility in the code where
they could. He said Starr needs to make recommendations to Policies and
Procedures and to Finance and Audit for the structure of the fees and then to
the building code division for their approval.
Starr said their intent is to have a comprehensive review of the fees in
Land Management this calendar year. He
thought the Board might want to consider a graded schedule for reinstatement
when they review the whole fee schedule. He
said there is a legal restriction in changing fees more than once in a calendar
Green said they want to make this work for the citizens.
He said in doing it, they have to get their fees to a level where they
are at full cost recovery and then they could have a graded schedule.
He commented that it is a fee based operation and if they canít collect
the necessary amount with what is commensurate with the time and amount of work,
they donít want to have to come back to lay people off.
He thought it was a good direction.
He commented that this is the Boardís direction and not staffís.
Dwyer thought a critical piece was a tickler system to warn people that
their permits are going to expire. He
said if people want to ignore a deadline then a deadline has to have
b. REPORT BACK Regarding the Costs of Public Benefit Facility Permit
Fees as Defined in Lane Manual 60.851 (NBA & PM 5/23).
Frank Simas, Public Work, recalled that on April 11, the Board approved
amendments to the Lane Manual to revise fees for facility permits.
He stated that part of the adoption was the implementation of a public
benefit event permit to be issued at no cost, providing the event met the
definition in Lane Manual of a public benefit event.
He added that the Board asked him to come back with a report as to what
the cost of issuance would be going forward for last year.
He reported that based on 2006, there were 17 total event permits issued
and eight would fall under the Lane Manual definition of public benefit. He noted that the total cost of issuing the permits was
$8,222 or $1,027.82 each. He added
that if the Board were to recover the cost of these permits from another source,
(from direct labor and operating overhead) it would amount to $6,000 for the
year. He reported that Public Works
is hosting a meeting on June 14 with the applicants for events permits to inform
event organizers how they could help to reduce the cost of issuance of the
permits. He added there would also
be a multi-year issuance based upon compliance with the permit conditions.
He indicated they would go
out and inspect the event to make sure the requirements were being complied
with. He thought $6,000 would more than cover the cost for permits for the next
Dwyer asked about a surcharge for the public benefit utilizing money
from the video lottery program. He
thought Simas could meet with Mike McKenzie-Bahr, Economic Development, as there
could be more creative ways to cover the cost. He said that way the road fund would be out of the picture
and it would be tourism economic
Stewart wanted to continue the direction that they would not charge for
public benefit facility permits.
HEALTH AND HUMAN SERVICES
a. FIRST READING AND SETTING A SECOND READING AND PUBLIC HEARING Ordinance
No. 7-07/In the Matter of Amending Chapter 18 of Lane Code to Reflect
Ambulance Service Area Boundaries Changes (LC 18.020) (Second Reading and Public
Hearing: June 20, 2007 at 1:30 p.m.
in BCC Conference Room)
MOTION: to approve a
First Reading and Setting a Second Reading and Public Hearing for Ordinance
No. 7-07 for June 20, 2007 at 1:30 p.m. in the BCC Conference Room.
Dwyer MOVED, Green SECONDED.
CORRESPONDENCE TO THE BOARD
Stewart received a letter from Steven Hobbs, Oregon
Department of Forestry. He asked
the Board if they have issues with the Department of Forestry suggestions.
He asked the Board to fill out their own form and send it in.
Fleenor said he will have a meeting in Walton about
Highway 126 and the possibility of slowing the traffic down.
He announced that tomorrow he will be at Daniís Coffee Shop with City
Councilor Mike Clark.
Green announced that Angel Jones has been appointed
by Mayor Piercy to serve as the interim city manager pro temp following Dennis
Taylorís departure on July 26.
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)(h) for the purpose
of consulting with counsel on litigation.
Stewart indicated there was support to having Board meetings in
Green asked that the record showed he proposed doing this two years ago
and it was rejected by the Board.
Dwyer wouldnít object to have a meeting in Springfield and joining
Green and Sorenson within the city, as they are trying to educate the citizens.
Sorenson hoped to have five board meetings in five different locations,
all located outside the Lane County Courthouse. He wanted to have it during the evening as more people could
attend. He wanted to invite the
Sheriff, Assessor and District Attorney. He
indicated that the meetings would have a presentation about the current Lane
County situation of the services they provide and the challenges they will have
in the event the Secure Rural Schools funding is not renewed.
He thought the second part of the meeting would be listening to ideas the
public have on how they would approach things.
Dwyer stated that they also needed to have a conversation around the
Stewart asked the Board to come up with potential locations in their own
Van Vactor commented that the biggest problem is no one showing up.
He thought they needed a specific strategy to draw people to the meeting.
He stated that he would bring this to Management Team on Monday.
Green asked the Agenda Team to work on an outline on the logistics and
There being no further business, Commissioner Stewart adjourned the
meeting at 3:40 p.m.