November 28, 2007

following HACSA

Commissioners' Conference Room

APPROVED 1/6/2010


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.




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.




Art Chandler, 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 parking.


Chandler thought it would be reasonable.


Scott Folson, 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 the city.


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.


Nancy Miller, 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.


Charley Pliven, 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.


Jim Gillette, 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 singled out.


Michelle Holman, 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.


Joseph Riley, 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.


Zachary Vishinoff, 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.


John Sundquist, 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 help.


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.


William Attinoff, 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 roads.


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.


Robin Winfrey, 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 been.




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.


VOTE: 5-0.




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 file).


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.


VOTE: 5-0.


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 ORDER 07-11-28-1.


Sorenson MOVED, Dwyer SECONDED.


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




a. Announcements






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.




VOTE: 5-0.




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.










14. 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.


VOTE: 5-0.


There being no further business, Commissioner Stewart recessed the meeting at 12:05 p.m.



Melissa Zimmer

Recording Secretary