October 17, 2007

following HACSA

Commissioners' Conference Room

APPROVED 9/16/2009


Commissioner Faye Stewart presided with Commissioners Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  Bill Dwyer was excused.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




Emergency Business will be a revised order on the sale of the Child Advocacy Center. Correspondence to the Board will be item c. Letter from Coburg Triple M, LLC and item d. a $5,000 request from Project Homeless Connect.




Lyle Jorgenson, President, Florence Step Group, Florence, said the group was established by the legislature in the 80ís as a volunteer labor group for the Oregon Department of Fish and Wildlife.  He said their goal is to restore runs of native salmon and trout.  He added they do environmental work and have community service.  He said this year they want to install a handicapped access dock at the Tiernan Boat Ramp, located between Florence and Mapleton.  He indicated that the Forest Service has donated the dock, the excavating work is donated by one of their local contractors and Step is donating the labor for the installation.  They asked the County to waive the permit fees so they could move ahead.


Tom Peterson, Florence, said he is a member of the Step Group.  He said he was appointed by the governor to a 13 member committee.  He said they discussed this at their meeting and it is held as a high priority for their agency.  He indicated they have further plans for the facility and they want to have the Forest Service fund a permanent facility at the spot and then turn it over to ODOT and ODOT will maintain it.  He commented that they have public and private participation for a worthwhile project.  He asked for a fee waiver.


Green asked the amount of the fees to be waived.


Peterson didnít know but thought it was between $800 and $1,000.


Richard Koehler, Dunes City Councilor, Dunes City, said that Dunes City needs the Countyís help in applying for a 306a grant so they could attract disabled people to their recreational based area.  He wanted this for Siltcoos Lake.


Amy Barnes, said came in a few weeks ago with animal abuses and actions taken against her.  She indicated that in her investigation she was told the wrong last name.  She said Tamara Barnes is not the person she thought was doing this to her.  She said the person was Tamara Lindsey.  She publicly apologized to Tamara Barnes.


Jim Gillette, Eugene, said he will not give up.  He asked why legal staff didnít remedy this.  He wants the County to prove why he is guilty.  He said he is trying to work things out peacefully.  He said he will keep coming back until something is fixed.  He stated that Land Management is biased against him.  He wanted fairness.




A. Approval of Minutes


B. Board of Commissioners


1) ORDER 07-10-17-1/In the Matter of Assigning Lane Council of Governments to Serve as Liaison for Lane County to the Census Bureauís LUCA Program.


C. Health and Human Services


1) ORDER 07-10-17-2/In the Matter of Delegating Authority to the County Administrator to Execute a Foodborne Illness Prevention Program Payback Agreement in the Amount of $119,698,08 Between Lane County and the State of Oregon, Acting by and Through its Department of Human Services, for the Period October 1, 2007 through June 30, 2009.


D. Public Works


1) ORDER 07-10-17-3/In the Matter of Authorizing the County Administrator to Sign an Agreement With BLM in the Amount of $209,300 to Provide Public Works with Title II Funding For the Replacement of an Existing Culvert with a Fish Culvert at Holland Creek on Siuslaw River Road.


2) ORDER 07-10-17-4/In the Matter of Setting a Public Hearing for the Proposed Vacation of Certain Blocks, Lots, and Rights of Way in the Plats of Glenada (VOL.W, P.261) the South Florence Addition to Glenada (BK. 2, P.9) and the Amended Map of South Florence Addition to Glenada (BK.2, P.13), as Platted and Recorded in Lane County, Oregon Plat Records (18-12-34-13, 41,42).


3) ORDER 07-10-17-5/In the Matter of Setting a Public Hearing for the Proposed Vacation of a Portion of Latta Road, a Public Road, Located in the Northwest Quarter (NW ľ) of Section 23, Township 17 South, Range 1 West of the Willamette Meridian, in Lane County, Oregon (17-01-23-20).


E. Workforce Partnership


1) ORDER 07-10-17-6/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.


MOTION: to approve the Consent Calendar.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0.




ORDER 07-10-17-12 Amending Board Order No. 07-7-25-12 to Authorize the Sale of the Child Advocacy Center Property to Master Investments, LLC.


Assistant County Counsel Stephen Vorhes indicated this was a follow up to their action in July.  He said the closing of the transaction started last week.  He said they found the transaction identified a different LLC in the document as a buyer.  He said they sorted it out with the buyers.  He noted the two principles are Steve Masters and Scott McGee, who signed on behalf of Uptown Development, LLC in July when they consummated the deal and signed the sales agreement.  He said their circumstances evolved as part of the transaction and there is another property next door involved in the transaction for the buyers.  He added that they have 1031 exchange money involved.  He said the entity that should end up with the property the County owns is Master Investments, LLC.  He added that Steve Master is the principle of both the LLCís.  He said they signed an addendum to the sale agreement and are ready to close the deal.  He indicated this would amend the previous order and authorize the sale to Master Investment, LLC.


MOTION: to approve ORDER 07-10-17-12.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0.









a. ORDER 07-10-17-11/In the Matter of Urging the Oregon Congressional Delegation to Make the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians' Forest Land Restoration Proposal a Top Legislative Priority, and Work to Ensure the Congress Enacts its Proposal During the 110th Congressional Session.


Sorenson recalled that over the past two years the tribes had conversations with a number of elected officials  in western Oregon regarding the reinstatement of the tribesí ownership of land throughout western Oregon.  He indicated that it was terminated by an act of Congress.  He said four years later Congress decided to reverse that decision and recognize it had historic and cultural human rights status.  He said they began re-establishing the rights of tribes.  He noted there is only one tribe in the state of Oregon that has never had a portion of their tribal lands restored.  He indicated that this resolution attempts to right a wrong that was done years ago.


MOTION: to approve ORDER 07-10-17-11.


Sorenson MOVED, Fleenor SECONDED.


VOTE: 4-0.


b. REPORT BACK 2007 Listening Tour Summary Report and Strategic Planning Activities.


Tony Bieda, Intergovernmental Relations Manager, said this was a team effort.  He recalled the board hit upon a strategy at the last budget staff adoption process to come up with a different way to prepare for the funding shortfalls.  He indicated that an idea that was agreed upon by the Board was to engage in a tour in late summer and early fall to listen to the citizens about where they think the County is and what the County needs to do. He said it involved five outreach meetings.


Amber Fossen and Jennifer Inman discussed the results. (Copy in file).


c. ORDER 07-10-17-7/In the Matter of Implementing Planning and Budget Activities Identified in Board Order 07-6-27-19 With Respect to Post Secure Rural Schools Strategic Planning.


Inman explained that this puts into writing the direction that was given by the  Board.  She said they had a check in meeting about activities and the supplemental budget.  She said she didnít get a board order back memorializing those decisions.  She indicated that this order reflects direction they gave staff and departments regarding the one percent lapse.  She added that it takes the Boardís action to move funds around.


MOTION: to approve ORDER 07-10-17-7.


Green MOVED, Fleenor SECONDED.


VOTE: 4-0.




d. ORDER 07-10-17-8/In the Matter of Contributing $1,000 from the General Fund Operational Contingency to Pay for Planning and Building Permit Fees for a Handicapped Fishing Platform at the Tiernan Dock near Mapleton, Oregon.


Fleenor recalled six weeks ago he was approached by the Florence area Step requesting help with the building permits and other costs associated with installing a handicapped fishing platform.  He said he contacted  Craig Starr, Land Management, and Starr indicated that his department would be interested in participating.  He thought this would be an appropriate expenditure of some of their reserve.  Fleenor brought this to Stewart and they thought since Land Management is a fee based enterprise fund, that they shouldnít be asking the department to subsidize these types of requests..  He and Stewart discussed the possibility of establishing a fund from video lottery money that might be used to set up a permanent fund for non-profits to apply for that would allow offsetting some of the building and permitting fees in Land Management.  He said the Step program wanted to move ahead with this.  He said they were asking for between $800 to $1,000 for the cost of the permit.  He indicated that they have the handicapped fishing platform already at the location waiting to be used.  He wanted to move forward to set this special grant fund.


Stewart reported that at the Economic Development Standing Committee, Mike McKenzie-Bahr is putting together a presentation that would be similar to a facility permit fund for non-profits.


MOTION: to approve ORDER 07-10-17-8.


Fleenor MOVED, Sorenson SECONDED.


Green wanted this to be taken out of the Land Management reserve. 


Stewart said he didnít want to waive the fee as it was not the proper precedent to set.  He wouldnít be opposed if this came out of reserves.


Van Vactor indicated that the project may involve in water work and those permits are administered by other agencies.  He noted  this motion is for Lane County permits.


VOTE: 4-0.




a. Announcements


Van Vactor announced that all the parties with the Golden Garden have signed the purchase agreement by the city of Eugene.  He said they will start to gear up the due diligence process.  He noted the option agreement is in effect.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 12-07/In the Matter of Amending Chapter 8 of Lane Code to Grant Comcast of Oregon II, Inc., an Additional Term and Franchise Renewal for the Operation of a Cable Communications System; Amending Ordinance 6-91; Adopting a Severability Clause; and Providing an Effective Date (LC 8.005) (Second Reading and Public Hearing 10/31/07).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on October 31, 2007 for Ordinance No. 12-07.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. ORDER 07-10-17-9/In the Matter of Creating 1.0 FTE Office Assistant 2 in Fund 285 Department of Health and Human Services.


MOTION: to approve ORDER 0-10-17-9.


Green MOVED, Sorenson SECONDED.


Stewart asked if the intent is to  increase productivity at the clinic.


Steve Manela, Human Services Commission, reported that the phone system has been problematic for customer service and as part of their process improvement, they identified that having a dedicated phone operator for the clinic would make it more convenient for the patients so they could schedule more efficiently.  He added that it would help with revenue.


VOTE: 3-0 (Fleenor out of room).




a. ORDER 07-10-17-10/In the Matter of Authorizing the Redemption of Oregon Local Governments Limited Tax Pension Obligation Bonds, Series 2002B, Maturity 2025.


Kay Blackburn, Finance, reported that they have amassed over the past four years $6.5 million in the employee benefits fund.  She recalled in 2003 the rate PERS charged for the employer rate dropped because of legislative changes under litigation.  She indicated that the County decided to keep the rate and charge programs the rate they had been charging them as a hedge against stabilizing the fund.  She said the litigation is resolved and they now have $6.5 million.  She added the proposal is to use the money to call the $6.5 million in PERS bonds outstanding.


Van Vactor indicated that there is still ongoing litigation.  He added as time goes on, they collect the fees from all different programs and certain contractual commitments.  He thought they should spend the money for its intended purpose instead of having it sit in an account.


Blackburn noted that the actual cash flow savings is $7.7 million that they would avoid payments on. 


MOTION:  to approve ORDER 07-10-17-10.


Green MOVED, Fleenor SECONDED.


VOTE: 4-0.




a. LandWatch Lane County.


Stewart reported that they received a letter from LandWatch Lane County regarding lot lines and legal lots and the process they go through and concern about whether people are getting legal lots through this process.  He recommended giving this to Legal Counsel and Kent Howe to process and report back on November 7.


b. Citizens Against Annexation.


Stewart received a letter from Florence.  He said they would like the Board to put to a vote an annexation taking place in their area. He recommended that they give this to Legal Counsel to determine whether or not they have the authority to exercise a vote for this matter.


Fleenor was advised that there might be a 30 day time period.  He commented that if this is not the statute, that another statute might pertain to the issue.


c. Letter from Mr. Potter representing Coburg Triple M, LLC.


Stewart indicated that these people have 247 acres of undeveloped property on the

east side of Interstate 5, south of the Old Country Squire and they are making an offer as a potential site for a fairgrounds.  He acknowledged that they received the letter.  He thought if the process goes further, it would be legitimate to look at several other pieces of property to make the process more legitimate


Green said his reservation is that they donít have the money and it is a complicated issue.  He didnít think they should be overly committed to this.


Stewart recommended responding to the letter.


MOTION: to have the County Administrator send a response to the letter.


Sorenson MOVED, Stewart SECONDED.


VOTE: 4-0.


d. Project Homeless Connect.


Stewart recalled that last year the Board contributed $5,000 from the Boardís contingency fund to Project Homeless Connect.  He indicated that the request is being asked again.


Green said this came up at HSC on Monday.  He stated that it is one of the most successful events they have had in the Human Services arena.  He supported the request and asked that it come out of the Boardís contingency fund.


Stewart supported this as it was very successful.


Van Vactor stated that this would occur in the future.  He recommended in the future building it into the base budget.


ORDER 07-10-17-13 Transferring $5,000 from the General Fund Operational Contingency to Materials & Services Within General Expense for Project Homeless Connect


Green MOVED, Fleenor SECONDED.


VOTE: 4-0.




Fleenor announced that he will be in Junction City for Coffee and Conversation at the Rodeo Steakhouse.


Green wanted the Facilities Committee to review the NACo Magazine article about courthouse memorial honors.  He said he talked to the Rural Policy Committee.  He said it was an interim committee designed during the session to talk about the future of County payments and how the state can be helpful.  He said they spent two hours on October 11.  He said they want to do a Listening Tour and talk about the impacts.


Fleenor announced a town hall meeting tomorrow night in Walton at the Walton Fire Station.  He added that Rep. Jean Cowan will be there to discuss transportation issues related to Highway 126.


Green reported that tonight the Active Bethel Citizens were having their first public safety summit about safety concerns at the Peterson Barn.


Stewart discussed the County Administrator process.  He was invited to participate on a radio show tomorrow on KSCT to talk about the affects of the BLM WOPR on county budgets.


12. EXECUTIVE SESSION as per ORS 192.660


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




ORDER 07-10-17-14 Appointing and Establishing the Salary and Benefits of the Assistant County Administrator.

MOTION: to approve ORDER 07-10-17-14.

Sorenson MOVED, Fleenor SECONDED.

VOTE: 4-0.

There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:40 a.m.

Melissa Zimmer

Recording Secretary