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.
ADJUSTMENTS TO THE AGENDA
There is an Emergency Business item:
The First Reading and Setting the Second Reading and Public Hearing for
the Special District Boundary Changes as Mandated by Senate Bill 417 and
Declaring an Emergency. Stewart
received a letter from the Port of Siuslaw and he asked Jeff Turk to respond.
Those will be added to Correspondence to the Board.
Stewart moved the Executive Session to follow after Public Comment.
Item 17 c. on potential funding for the West Eugene Collaborative Process
will be the first item after lunch. Sorenson
wanted the LCOG population issue to be put onto the agenda today.
Florence, discussed the user fee at Harbor Vista Park.
He commented that it is troubling for local folks.
He said it has been used for many years as a vantage point for fisherman,
boaters and surfers to check ocean conditions.
He noted that typically it is only used for a few minutes at a time to
check conditions. He added that it
is the only public access where bar conditions could be viewed.
He said it jeopardizes public safety.
He wanted this item to be brought up as an agenda item for consideration.
Fleenor asked Chandler if he would approve 15 minute
Chandler thought it would be reasonable.
Florence, opposed the Harbor Vista Point fee.
Seth Weed, Florence, said he doesnít want to be
charged while they view the bar. He
thought it is ridiculous to pay $5 dollars for five minutes of parking.
He asked the Board to eliminate the user fee.
He thought 30 minute parking would take care of it.
John Morris, Florence, noted that Chicken Point is one of
two lookouts, that has no extra facilitates, but they are convenient to pull up
to look at the surf conditions. He
said in addition to surfers and fishermen who signed the petition, there were
many elderly residents of Florence who frequently go to the park for a view of
the ocean. He was opposed to all
fees for recreational use for public lands.
He supported a 15 or 20 minute parking limit.
John Dotson, Eugene, asked if he can get the ORS statute
from Lane County they are applying to transfer his governance from the County to
Van Vactor explained that the ordinances that apply
to his land are adopted by Lane County. He
said they have adopted the procedures that apply to him.
With regard to the authority, he indicated that Lane County and the city
of Eugene have executed an IGA and the process for that is ORS 190.
He added the statute provides that any entity could exchange authority.
He said Lane County has that authority with the city of Eugene for them
to perform a building permit.
Eugene, discussed the 2007 Last Resort Policy.
She was concerned about having pesticides sprayed along the sides of
their road because they donít have sidewalks in the country.
She didnít think pesticide spraying made sense.
Neil Miller, Eugene, addressed the Last Resort Policy.
He doesnít know what the change is.
He commented that the program of manually cutting has worked fine.
He thought there is a lack of supervision or criteria on how much cutting
should be going on.
Lincoln County, represents Oregon Chapter of the Surfrider Foundation.
He was in opposition to a user fee at Harbor Vista Park.
He indicated that there are no facilities that warrant such a user fee.
He understood there needed to be a fee for camping.
He thought they could accommodate a limited duration parking.
His first request was to remove the user fee completely.
He wanted to see this become an agenda item.
Gus Gates, Florence, discussed the issue of reduced
access to the bar condition viewing at Harbor Vista Point.
He commented that Chicken Point is an area of cultural, recreational and
economic importance. He noted before summer 2007 it was free to view the bar and
ocean conditions. He said people
use the overlook to see whether they should cross the bar and they use it to
save gasoline. He noted that Goal
17 of Oregon Statewide Planning Goals states that all shoreline access areas
must be inventoried and a comprehensive plan developed based on the inventory.
He asked if this area had been inventoried to consider the reduction on
the economically challenged. He
asked the Board to eliminate the user fee for viewing the coastline or to limit
parking for 15 to 30 minutes.
Maya Haps, Triangle Lake, said she is strongly against
pesticides. She said that all
herbicides and pesticides are unnatural chemicals, dangerous and toxic to all
life forms. She said the County has
to completely stop using pesticides. She
asked the Board to do the best and stop spraying.
Dan Gee, Triangle Lake, stated that all neighbors live
directly off the road. He indicated
that his wells are near the road and chemicals go into the groundwater and it is
a concern. He asked the Board to
not allow spraying to happen. He
said mowing is approved.
Ann McLucas, Eugene, addressed Jim Gilletteís property.
She thought it was the Countyís reason that his case is running long.
She stated that Gillette is in compliance but the County is pursuing a
lawsuit. She didnít see a purpose
for a vendetta. She thought the
County should drop his case. She
didnít think Gillette should be fined when everything is still in compliance.
Eugene, stated that he has helped people out for 15 years and when he applied
for a park, he was fined. He
commented that there are R.V.ís everywhere.
He said the city allows homeless people on the property but the County
doesnít. He thinks money is being
extorted from him. He thinks he was
Deadwood, said her biggest concern is the kids.
She said she serves on the Mapleton School Board and Lane County ESD
Board and she is an advocate for children.
She was concerned about the toxic levels children have to endure because
of other peopleís decisions. She
noted in Mapleton they have stopped using sprays on school grounds.
She asked the Board to take charge of the issue.
She said if they do anything they should expand the mowing projects.
She stated that mowing works.
Lynn Bowers, Eugene, said she works with Forestland
Dwellers, a non-profit citizen action organization. She wanted the Board to ensure that Lane Countyís Last
Resort Policy is truly last resort, meaning that alternatives are tried and if
subsequent use is minimal, then the few applications must be highly publicized
and well posted far in advance. She asked the Board to persuade ODOT to expand
the no spray program. She asked the
Board to have an educational campaign to inform Lane County citizens that they
may not spray Lane County rights-of-way themselves.
Eugene, represented the Lane County network of Veteran Services.
He said over 6,000 Oregon National Guard troops have deployed since
September 1, 2001 in support of Operation Iraqi Freedom and Operation Enduring
Freedom in Afghanistan. He recalled
last spring about 900 troops came home from Afghanistan and the Lane County
network of Veteranís Service Providers wanted to show the communityís
appreciation. He said they decided
to put on a picnic and determined Richardson Point would be the best location.
He thanked the Board for the support of the park.
He presented the Board with a certificate and plaque.
Eugene, distributed information on the University of Oregon borrowing money.
(Copy in file). He thought the
Board should call for a hearing. He
stated the university was borrowing $200 million they were not authorized to do.
Coburg, distributed a handout. He
said given the Countyís herbicide policy was inadequate and out of touch with
reality. He noted there are four
ways the proposal calls for use of herbicides and none are legal. He supported some use of herbicide applications.
He commented that the development of an adequate proposal is not
difficult. He added that VMAC could
Lisa Arkin, Eugene, recalled that last year they listed
a report about a Last Resort Policy. She
commented that the new report is a step backwards from what was done last year.
She noted since last year the legislature has had hearings on pesticides
and childrenís help. She
commented that the report the Board will be reviewing next week have a number of
problems. She said it calls for the use of herbicides in new road
construction along the roadside and she said it goes against the Last Resort
Policy as it is pre-emptive. She
thought they should try alternatives first.
She hoped partnerships with BLM would include the non use of herbicides.
Eugene, said the Countyís primary roads should be maintained for residents,
business and tourists. He said that
each street in a given subdivision becomes a public right-of-way that ends up
costing the County and cities maintenance and upkeep.
He gave information to Sorenson for a new subdivision.
He said when a subdivision is approved, they donít have to have any
more drain on the general public and to have them become private roads.
He added that they could have money leftover to maintain the primary
Ron Unger, Eugene, represented Mind Freedom.
He said it is their goal to see the use of coercion in the Mental Health
system is kept to a minimum. He thought it would be helpful to know how much coercion is
happening. He wanted the
information made public. He
said when someone is coerced into Mental Health treatment when it is not
necessary; it is a violation of their human rights.
He added that it is not good Mental Health care to use coercion when they
might have used some other method and gotten the same result.
He noted when people are coerced into Mental Health treatment they
donít have a good relationship with the people providing the treatment.
He indicated that research says that a relationship is the most important
thing in making a good outcome. He
stated the goal is to keep coercion to the absolute minimum.
David Oaks, Director, Mind Freedom, said they are getting
youth to speak out on Mental Health concerns.
He commented that it isnít about money, it is about information and
dialogue. He wanted the Board to
back their request to get data. He
indicated they donít have a vote on the Mental Health Advisory Council.
Eugene, was concerned about a change in the Last Resort Policy of herbicide
spray on the roadsides of Lane County. She
said she has a small bed and breakfast and people come to the area for the
beautiful green and clean environment that is offered.
She wanted to see it supported and encouraged. She asked to leave the Last Resort Policy the way it has
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 07-11-28-2/In the Matter of Appointing Designees of the
Community Mental Health Direction to Direct a Peace Officer to Take a Mentally
Ill Individual Into Custody According to ORS 426.233.
C. Public Works
1) ORDER 07-11-28-3/In the Matter of Accepting the Directorís
Report for Estimated Improvements for Bolton Hill Road (County Road Number 1183)
Between MP 0.000 and MP 0.653.
2) ORDER 07-11-28-4/In the Matter of In the Matter of Awarding a
Contract to Interstate Mfg. Inc., in the Amount of $475,382.04, for the Purchase
of Seven (7) Open-Top Trailers with Hydraulically Operated Shuffle Floors and
Flip Tops, with Seven (7) Trade-ins, Contract FY07/08 FS-04.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Fleenor SECONDED.
a. REPORT BACK Risk Fund.
Jessica Suites and Cheryl White of Select Actuarial, gave a report on
their analysis as of June 30, 2007 on the workers compensation and general
liability claims that have been paid through Lane Countyís risk.
The balance as of that date in the risk fund was $2.9 million. (Copy in
Karen Artiaco, Management Services, reported on the proposal for bus
passes. (Copy in file).
FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 17-07 Adopting Provisions to Assume Authority for Special District Boundary Changes as Mandated by Senate Bill 417 and Declaring an Emergency. (Second Reading and Public Hearing December 12, 2007 at 1: 30 p.m.)
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 17-07 on December 12, 2007 at 1:30 p.m.
Dwyer MOVED, Fleenor SECONDED.
Kent Howe, Land Management,
explained that the Countyís responsibilities for applications to the special
districts start January 2. He added
that the Board will have to take action by December 12 in order to have the
necessary code revisions ready by January 2 and to keep the option open.
He indicated that they have come up against a lot of policy issues and he
recommended having a work session on December 4 so they can present the policy
issues in advance of the scheduled hearing for December 12.
a. DISCUSSION/Intergovernmental Relations Program.
This item took place in the afternoon.
b. ORDER 07-11-28-1/In the Matter of the Recognition of KRVM.
MOTION: to approve
Sorenson MOVED, Dwyer SECONDED.
VOTE: 4-0 (Fleenor
out of room).
a. FIRST READING AND SETTING A SECOND READING and PUBLIC HEARING/Ordinance No. 13-07/ In The
Matter Of Amending Chapter 9 of Lane Code to Add New Definitions and Violations
to Establish Enforcement of Solid Waste Regulations for Littering, Violation of
Posted Restrictions of Use, Non-Payment of Fees, Destruction of Property,
Interference With Official Duties, Failure to Disclose Identity, and Giving
False Information (LC 9.005, 9.015-9.028, 9.990) (Second Reading and Public
Hearing: 12/12/07, 1:30 p.m.).
MOTION: to approve a
First Reading and Setting a Second Reading and Public Hearing for Ordinance
No. 13-07 for December 12, 2007 at 1:30 p.m.
Dwyer MOVED, Green SECONDED.
HEALTH AND HUMAN SERVICES
a. REPORT BACK Animal Services Task Force Implementation Plan.
Rob Rockstroh, Health and Human Services, explained this is the staff
recommendation for saving adoptable animals.
He added it is a list of ten items that came off the priority list.
He indicated they wrote back with the plan language proposed as action
items and gave estimated dates and costs. He
added that they will be having issues with the union.
He commented that staff needs additional training about animal health and
behavioral training. He thought
they might want to take the new task force report and advisory committee and
combine what they are doing and then give the Board a copy of the report.
Green asked that when staff comes back to the Board, he wanted to know
what else doesnít get done because of this reporting.
a. REPORT BACK Ernest Nisser.
Stewart recalled that Ernest Nisser came to the Board requesting that
the Sheriffís Office respond to his letter.
Russ Burger, Sheriff, indicated that they did the research on this.
He recalled that Nisser filed a tort claim in February 1999 through his
attorney Mr. Force. He said the
claim had to do with an alleged detention battering search of Nisser by a
deputy. He added that later that year another tort claim was filed
because his concealed handgun license was not renewed and that decision was
appealed and his concealed handgun license was reinstated.
He indicated that the trial court dismissed the claim against the deputy
on summary judgment and Judge Velore granted the Countyís motion to dismiss
the civil rights claim against the County.
He noted at the trial the jury denied Nisserís battery claim and he
appealed that case. Burger reported on February 4, 2004 the Court of Appeals
affirmed the Trial Court Judgment without a payment and Nisser petitioned the
Oregon Supreme Court for review of the Court of Appealsí decision and the
Supreme Court denied that petition. He
added that all of his remedies had been exhausted.
Burger said on December 7, 2005, there was a letter from the attorney
Force to Judges Henry, Velore, he and Akins because Force had promised his
client that he would inform the mentioned recipients of the injustice done to
Nisser in the outcome of the case.
Burger said the citizenís complaint investigation was commenced in
January 1999, but because a tort claim was filed, the letter concluded that the
personnel investigation was never mailed. He
said he will take the letter and send it to him concluding the personnel
investigation. He added on May 2006
his concealed handgun license was again revoked because of a conviction
resulting in probation. Burger said
that Nisser was going to appeal that conviction.
Burger said he will send the letter and copy the Board.
CORRESPONDENCE TO THE BOARD
EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660 (2)(H) for the purpose of personnel
deliberations and (2)(H) for the
purpose of consulting with Counsel on litigation.
ORDER 07-11-28-6 Appointing and Establishing the Salary and Benefits of the County Administrator
Stewart read the order into the record.
MOTION: to approve ORDER 07-11-28-6.
Dwyer MOVED, Fleenor SECONDED.
There being no further business, Commissioner Stewart recessed the meeting at 12:05 p.m.