May 16, 2007

9:00 a.m.

Commissionersí Conference Room

APPROVED 1/28/2009


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.




Stewart was asked to move item 10 a. to a 9:30 time certain.




Mary Ann Holser, Eugene, recommended that the YMCA be the organization chosen to use the fairgrounds space.  She said it was in keeping with the Lane County Fair Board Strategic Plan for upscale use, increased participation and financial stability. She added that it was consistent with last yearís Countyís focus on youth.


Cindy Land, Eugene, said the numbers with the YMCA were not correct.  She commented that the County canít afford to make a mistake with the YMCA.  She asked the Board to ask questions and verify where the numbers are coming from.  She didnít believe it cost $30,000 to keep the fairgroundsí arena empty.  She commented that the people who should be using the arena have been pushed out every year for the past four years.


Jim Sernoffsky, Kick City, Springfield, stated they have been operating an indoor soccer facility in Corvallis for the past ten years and last year they purchased Kick City.  He said they have gained a reputation as being a leader in the industry statewide and nationally.  He commented that after reading the YMCA proposal for the horse arena at the fairgrounds, they concluded the numbers the YMCA projected are unrealistic.  He said if there was a need for two indoor soccer facilities, business long ago would have filled the need.  He thought the County could assume financial risk with the YMCA proposal and it could give the County greater financial problems.


Maudie, Eugene, said she is a soccer mom.  She didnít doesnít understand how 20 weekends per year by a few people could bring in revenue versus a facility being used all year round by thousands of children.  She asked the Board to use common sense and logic.


Teresa Kintigh, Cottage Grove, spoke about building permits.  She said she waited over a year and a half for a refund on a LP permit that should have not been issued by the department.  She stated that as of this date she still hadnít received the refund.  She was told the Board set the policy and no one could change it.  She added that there was no appeal process.  She requested the reinstatement fee.


Kevin Jones, Regional Sports Center, stated the market cannot support another indoor sports facility.  He thought the group that would suffer the most would be Kidsports.   He said that people donít travel distances for tournaments and leagues.  He suggested the Board negotiate a lease that would have guaranteed income and no risk.  He stated to generate income for the County, the YMCA would have to generate $1,440,000 in annual gross revenue.


Mary Monette, said that Parks have taken too big a hit.  She said more than half are closed, which is sad.  She said their proposal is that instead of taking the whole car rental tax, they take $500,000 and still give Parks $400,000 for the TRT.  She said that would give them about $800,000 to budget and they can open the 12 parks that are closed and they could re-hire half of the people.  She asked the Board to reconsider what they are doing.


Michael Moore, Elmira, thought this was a tough time for the County.  He thought the County should be making sure there is enough money even if there is an unpopular tax.  He noted that Zumwalt and other parks were closed and they will be cited if they go to the park.  He thought there was a more creative solution.


William Ivanoff, Eugene, stated he voted no on the County measures because they were all dedicated to public safety.  He believed that wasnít the proper method to ensure public safety.  He believed they should go to the root causes:  prevention where it starts.  He said before violence occurs to children or a spouse that there is proper education.  He thought low income people were going to be taxed.  He said they should limit the tax to people who make more than the living wage of Eugene.


Jim Gillette, said people were living on his property  and they all left July 10, but they organized a group and came to the Board to try to get it turned around.  He applied for an RV park and he was turned down.  He wanted to start a citizens group against the compliance department because people are treated different.


Farrah Raza, Eugene, asked the Board to vote in favor of the sports arena.  He noted that 37 percent of the children in Lane County are obese or at the risk of obesity.  He said there is a lack of facilities.  He stated that each dollar invested in physical education saves $3.20 in later health care.  He thought this was an opportunity for the Board to do something and leave a legacy for the community.


Cliff Kelly, Eugene, asked the Board to look at converting the horse facility and the proposal by the YMCA. He noted that the way the proposal is structured, all of the financial risk comes back to the residents of the County.  He said if the YMCA projections are wrong, it is the County residents, not the YMCA that is at risk.


Sharon Matthews, Dexter,  said she is the horse superintendent for the County Fair.  She said that other soccer groups have declined to submit an RFP because they thought it wasnít profitable.  She asked why the lease was below market value.  She noted the livestock building is not operating at a loss.  She said that moving the horses will not work.  She stated that sending people to another venue during the fair would not work, as they will not travel off the premises.




A. Approval of Minutes


B. Public Safety


1) ORDER 07-5-16-1/In the Matter of Delegating Authority to the County Administrator to Execute Intergovernmental Agreement Between West Lane Emergency Operations Group and Lane County to Transfer Ownership and Maintenance Responsibility for Harbor Vista Park Tsunami Siren.


2) ORDER 07-5-16-2/In the Matter of Authorizing the Private Sale of Forfeited County Owned Real Property Identified as Assessor's Map No. 19-12-271300100 Located at 83343 N. Pioneer Road, Florence, Oregon.


C. Public Works


1) ORDER 07-5-16-3/In the Matter of Awarding Revenue Contracts to Pacific Recycling for $300,000 and to NextStep Recycling for $540, and Expense Contracts to St. Vincent de Paul for $439,706, to Bring Recycling for $147,000, and to Earth Protection Services, Inc. for $206,000, and that the County Administrator be Delegated Authority to Sign Contracts with These Contractors.


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




ORDER 07-5-16-10 Approving Execution of Intergovernmental Agreement and Amendment Between State of Oregon Judicial Department and Lane County for Revenue in the Not-To-Exceed Amount of $200,000 for Upgraded Workstations for the Lane County Circuit Court Clerk's Office Remodel Project.


MOTION: to approve ORDER 07-5-16-10.


Sorenson MOVED, Dwyer SECONDED.


David Suchart, Management Services, reported that this is for the clerkís area on the second floor.  He indicated that the state has money left in the biennium budget and they are allowed to buy furniture.  He reported that the project wonít be completed until the next fiscal year.  He said they want to transfer money from the state into their capital improvement program to cover the cost of the furniture.  He stated that it is an emergency because the money will roll in the biennium and they need authorization prior to May 18.


VOTE: 5-0.




Dwyer thanked people who voted.  He said they have presented the County a challenge.  He hoped they could make the decisions that are in the best interest of the community with the money that they have.


Sorenson said since their last meeting the U.S. House of Representatives passed HR2207, a freestanding bill not connected to the Iraq war.  He said it contained a one year continuation of the Countyís payments legislation.  He indicated that the Bush Administration put out a statement that has not received attention.


Stewart wanted to have Craig Starr, Land Management, come back to the Board to give an explanation on why it cost $619 for Teresa Kintagh to renew her permit that was 30 days expired. He wanted  to see if they have options to change the policy or offer relief.




a. DISCUSSION/Request for Proposal for Alternate Uses of Fairgrounds Livestock Building.


Warren Wong, Fairgrounds, reported that the livestock building at the fairgrounds is principally used for the 4H Youth Fair and the Lane County Fair in terms of animal events.  He added there are some non-animal events that take place.  He recalled one of the largest users was the Oregon Logging Conference and they have not used it for two years. He stated last April the Fair Board was approached by the YMCA as to the feasibility of using the facility for an indoor sports facility.  He said the then Fair Board worked with the YMCA for six months to develop a recommendation strategy that they presented to the Board in November.  He said since that meeting, they issued an RFP at the suggestion of Sorenson.  He said the one respondent was the YMCA.  He stated that proposal has been evaluated and it meets the technical requirements.  He commented that the difficulty is that they are prohibited from having large animals for a good portion of the year because of the pollution issue into the Amazon Creek.  He noted over the years he has been at the fairgrounds, they have spent money with consultants to try to get better utilization of the facility  He said since they cannot commit the building all year, no one wants to rent it.  He thought they were at the point that the site doesnít work for a traditional fairgrounds with animals.  He thought there were some long term positives and some negatives to converting the building.


Dave Perez, YMCA, reported that they are celebrating their 120th year.  He said their proposal is to convert the equestrian building into a multi-purpose recreational facility.  He said they see it as an opportunity for sports activities.  He indicated that they would lease the building.  He said they would secure the capital necessary for the conversion and they will not be asking the County for any money.  He said they would oversee the programs in conjunction with their partners in the community.  He said they need more space to provide more opportunities for families and kids.  He said they are committed to making sure kids are in a safe place after school.  He said they identified recreational opportunities.  He knew the building was underutilized.  He said they submitted an RFP as requested by the County and they were the only respondents.  He said they look at the facility as not only for indoor soccer, but for indoor lacrosse and ultimate Frisbee.  He also thought there was an opportunity for indoor golf.  He said they could also provide for out of school camps and programs.  He said their primary focus is on the sports program.  He thought they could communicate with the Latin community about soccer.  He indicated that there would be three fields built into the facility.  He thought they could have regional and state tournaments.  He thought they could do four three-day tournaments during the year.  He thought that could be 32 teams in each tournament, involving 1,700 families each year.  He said based on those numbers, it would generate $400,000 in out of town money and another $45,000 for local money.  He said they would operate with 5 FTE and they would be operating year round.  He indicated they would operate seven days per week, providing programming and services for kids.  He thought about 2,000 people would use the facility weekly.  He thought they would provide $25,000 per year in financial assistance.  He said they would not ask the Board for any cash.  They expect in four years of operation that they would spend $300,000 to operate.  He said they could convert this facility to year round use for about $600,000 in capital investments.


Wong indicated that if Budget 2 is implemented, the Fair Board will see a reduction of $176,000 in transient room tax.  He raised in the memo the viability of having an off-site for the horse events.  He said there are serious questions as to whether that would work.  His recommendation to absorb the $176,000 cut is to not increase the capital budget reserve, reclassify a management position to a lower level and to cut $98,000 out of the County Fair.  He wanted to make sure that neither the Fair Board nor the County could be obligated for any financial or capital costs.


Stewart thought they needed to engage in a feasibility study that looks at the present site, the services and the potential services. He was concerned about locking up their options.


Dwyer  supported the concept of reviewing this.  He said he would be a no vote if they had to vote today.  He didnít remember asking the Fair Board to do an RFP.  He said Sorenson mentioned an RFP but there was not a Board majority.


Sorenson wanted to come back in a month to see what their budget looks like.


Green said if the recommendation is to pull the proposal, he would support it.  He didnít know what the communityís priorities were around the fairgrounds.  He said they would get criticized for spending money on a feasibility study when they are telling people the County doesnít have money.  He thought this proposal was not to save the fairgrounds, but a way to lease a facility that was being underutilized.  He asked who would pay for a study.  He wasnít willing to string along the YMCA because they good a great job in the community.  He said they are facing a doomsday budget and they have people coming out of the jail on a daily basis doing harm to other people.  He was confused about the priorities.  He said if they want to do a feasibility study, to include some gauge on what the priorities are.


MOTION: to move to continue the discussion of the YMCA proposal until after the Budget Committeeís deliberation and vote.


Sorenson MOVED, Fleenor SECONDED.


Stewart asked that the Board support Wong and Suchart looking into what a feasibility study would cost and then make a presentation to the Board.  He said the Board could then decide whether they want to move forward.


Wong stated that a feasibility study is expensive.  He said if the Board wants a high level response to some of the issues raised, he recommended buying an expertís time limited to two days, bringing the person in and having that person give feedback.  He said it was less expensive than doing the feasibility study.  He said they have a market feasibility analysis that recommended some things.  Wong indicated that the problem they have with the current site is they are limited in acreage and it doesnít work for animals.


Fleenor requested that Wong come back on June 6 to provide information regarding how much it would cost to have an expert come in for a couple of days.


Sorenson amended his motion to include  the YMCA proposal and the feasibility study.


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


Green voted against the motion because the behavior in public is different than the behavior in private.  


Dwyer voted no because he thought the YMCA should go somewhere else.  He didnít want to keep dragging this on for the YMCA.  He didnít want another feasibility study.




a. Announcements






a. ORDER 07-5-16-4/In the Matter of Authorizing the County Administrator to Sign an Intergovernmental Agreement With the Oregon Department of Transportation (ODOT) Regarding the Bob Straub Parkway Project and the Jurisdictional Transfer of a Portion of the Springfield-Creswell Highway From ODOT to Lane County.


Tom Stinchfield, Public Works, recalled that the Board gave staff direction on March 14 to proceed with the Bob Straub Parkway Project to contract and to continue negotiations with ODOT regarding the project and the transfer of the section of Springfield Creswell highway.  He indicated that they have continued negotiations with ODOT and they have come back with a board order with an Exhibit A, listing the major points of agreement for the IGA.  He asked the Board for approval, authorizing the County Administrator to sign the IGA once it is finalized.  With regard to the IGA, Stinchfield said ODOT and the County agreed that the Bob Straub Parkway project could proceed.  He indicated that the requirements for a study and a new permit have been changed.  He noted that they will receive a modified permit from ODOT, allowing them to proceed.  He added that they would accept 4.2 miles of the existing district highway and the state will proceed with their safety project on that section of road in 2008, after the transfer.  He indicated that the County would cooperate with permits in both directions to accommodate their project and utility relocations.  He said the state will allow use of state lands for the new alignment for the Bob Straub Parkway and there is an out clause that if the Bob Straub Parkway does not proceed, then the transfer of the existing highway would not happen.


Green had been supportive of the project but lately he has been receiving criticism.  He said people have been asking why they are wasting money on the Bob Straub Parkway.  He didnít know how that got circulated.  He thought it was a priority for the region: for Springfield and Lane County as partners.


Stinchfield recalled that the Roads Advisory Committee questioned the investment but he hadnít heard anything else.  He said the committee supported the Bolton Hill and Harvey Road project.  He said the issue for the committee was the amount of money involved.  He explained that the project creates a new regional alignment connecting the state system with the Springfield Creswell highway and bypasses the Mt. Vernon Road 57th Street alignment that has a right angle turn and narrow roadways near Jasper Road.  He indicated that the residents along South 57th asked for this alternative alignment to be built for the past ten years.  He added that it provides access to a large undeveloped part of Springfieldís urban growth boundary and they look at it as being important for an economic development tool. He commented that the major issue was the cost of the project at this point.


Fleenor said he would support the motion.  He indicated that he voted against it originally because he was unsure about the status with Secure Rural Schools.  He preferred to have the money in reserve in the event they do not get Secure Rural Schools.  He didnít want to stand in the way and cost the County unnecessary money.


MOTION: to approve ORDER 07-5-16-4.




Dwyer reiterated that this project was in place long before he ever came on the Board of Commissioners.  He dealt with this as a state representative.  He stated that this helps promote economic development and takes pressure out off the neighborhood.


VOTE: 5-0.


b. REPORT BACK AND ORDER 07-5-2-14/In the Matter of Vacating the Portions of the Alleys  Between Lots 4 & 5 and Lot 6, and Between Lots 2 & 3 and Lot 4, in Block 19 in  the Plat of Hubert, As  Platted and Recorded in Book 6, Page 32, Lane County,  Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-05-10-33).


Bill Robinson, Surveyor, recalled that this was a report back and Deed from May 2.  He said they had a discussion on the vacation of the alley segments.  He was asked to return with some information.  He indicated information was prepared in the packet. (Copy in file).  He noted with the trees on the property, he didnít think there was any vehicle access.  He didnít find any foot trails.  He said if the Board approves this, the order states they will retain an easement.


Dwyer stated that he doesnít vacate property without a public hearing.  He said they need to recover funds when they give away property that gives the public benefit to a private person.  He said it allows them to do things that they normally couldnít do.  He stated that it is not in the public interest, it is in the private interest and he wouldnít support it.


Fleenor believed that it was in the publicís interest.  He said they will get property taxes for it, which they werenít currently collecting.  He indicated by actually vacating the property, they are increasing the revenue to the County.  He supported the order.


Stewart asked if there was a way to collect funds in exchange for vacating a road.  He indicated that no other counties are doing that.  He said the fees for the road vacation will be going up to $3,500 from $650 for a vacation without a hearing and the fee will be $4,800 with a public hearing.  He didnít think they would see any road vacations in the future.


Green thought when they do these road vacations that they make an effort to recover the fees.


VOTE: 4-1 (Dwyer dissenting).





a. ORDER 07-5-16-5/In the Matter of Recognizing the Eugene Human Rights Commission for their Sponsorship of "Choices in Mental Health Care as a Human Right."


MOTION: to approve ORDER 07-6-16-5.


Dwyer MOVED, Sorenson SECONDED.


Stewart read the resolution into the record.


VOTE: 4-0 (Green out of room).




a. ORDER 07-5-16-6/In the Matter of Approving the Local Strategic Unified Workforce Two-Year Plan for Title I-B of the Workforce Investment Act of 1998.


Chuck Forster, Lane Workforce Partnership, gave a presentation.  (Copy in file).  He indicated that the plan incorporates about $3.9 million of workforce investment and funds.


MOTION: to approve ORDER 07-5-16-6.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.










14. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.







There being no further business, Commissioner Stewart recessed the meeting at 12:20 p.m.



Melissa Zimmer

Recording Secretary