April 30, 2008

9:00 a.m.

Commissionersí 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 Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








Victor Stathakis, Eugene, Chair of Wayne Morse Youth Program, requested the Boardís help in getting a discussion with the Eugene Police Department.  He wanted to make the Wayne Morse Free Speech area a place to be proud of.  He said this is the 16th year they have been at Saturday Market.  He wanted the Board to write a letter to the Eugene City Council to have the Wayne Morse Youth Program meet with the Eugene Police Department.   He wanted to use a parking space for polls and surveys they are taking.


Andrew Frost, Eugene, said he came to the Board last year about shared sewer lines in Eugene.  He found out the sewer line to his house is shared with a neighbor.  He indicated that none of this was disclosed at the close of escrow.  He said now he is responsible for digging a trench.  He stated that he doesnít have the money.


Jerry Valencia, Lowell, supports the UGB expansion.  He thought putting a ceiling on the coordinated population forecast would have an affect on cities.


Mike Evans, Springfield, encouraged the Board to move forward on Lane Code updates.  With regard to the property line adjustment, he said that legislation was worked on in 2007 to let people know what they can do with property line adjustments.  He thought Lane County should codify the changes. He added it was an opportunity to have an expedited process.  He indicated there is a document that would amend the code that is being reviewed and there is consensus on what needs to happen.


Peggy Bond, Springfield, thought the closing of LCARA was premature.  She commented that it would leave a hole in the community and there would be animals roaming on the streets.  She thought closing LCARA was a premature move without full exploration of options.




A. Approval of Minutes

April 4, 2007. Regular Meeting, 1:30 p.m.

April 9, 2008, Regular Meeting, 9:00 a.m.

April 9, 2008, Regular Meeting, 1:30 p.m.

April 16, 2008, Regular Meeting, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 08-4-30-1/In the Matter of A Refund to Molecular Probes Inc. in the Amount of $37,597.32.


C. Health and Human Services


1) ORDER 08-4-30-2/In the Matter of Approving the Lane County Public Health Authority Plan for FY 2008-2009.


D. Public Works


1) ORDER 08-4-30-3/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Price for Dust Abatement Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 2008 to September 15, 2008, Prospective Contract No. 08-M&S-50.


2) ORDER 08-4-30-4/In the Matter of Authorizing the Execution of a Warranty Deed and Related Documents Regarding the Sale of a Portion of County-Owned Surplus Road Fund Property Located at 11 River Avenue, Eugene, to Lane Transit District.


3) ORDER 08-4-30-5/In the Matter of Amending Order No. 08-2-6-6 Accepting the Directorís Report for Estimated Assessments for Harvey Road (County Road Number 1088) Between MP .086 and MP 1.44.


4) ORDER 08-4-30-6/In the Matter of Entering into a Revenue Agreement with the City of Springfield for Design and Engineering Services of an Asphalt Concrete Overlay and Pavement Rehabilitation Project Along Pioneer Parkway from Hayden Bridge Road to Q Street, Not-to-Exceed Amount of $180,000.


5) ORDER 08-4-30-7/In the Matter of Releasing, Dedicating, and Accepting a Reserve Parcel as a Right of Way for Berwin Lane (Co. Rd. 1461) and Boyce Street (Co. Rd. 2107) (17-04-14-23).


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.








Sorenson reported that last Thursday he and Fleenor participated in a tour of the Lnae County Fairgrounds and the items needed to be repaired.


Fleenor indicated that he visited all major facilities outside of the ice rink.  He said the purpose was to look at items that have been identified as critical to the operation of the fairgrounds.  He noted that many items were discretionary and were not critical and could be deferred.  He indicated that $7 million was identified in items that do not need to be funded to keep the fairgrounds functioning and could be taken over the next five years.  He thought there would be savings if they could just identify the critical  items they must have versus those they would like to have.  .


Dwyer stated that he had a family medical emergency and couldnít attend the fairgrounds tour.




a. ORDER 08-4-30-11 Approving a Memorandum of Cooperation with Benton County Regarding a Water Policy and Supply Plan and Appointing a County Commissioner Representative.


Linda Modrell, Commissioner, Benton County and Adam Stebbins, Water Project Coordinator, gave a report on county water policy. (Copy in file).


MOTION: to approve ORDER 08-4-30-11 and appointing Commissioner Fleenor as the Boardís representative.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.


b. JOINT WORK SESSION/BCC/Lane County Elected Officials/Judges/ FY 08/09 Budget. 


Stewart stated the County is in the budget process.  He added that they are faced with preparing a budget minus $47 million.  He commented that they have difficult choices ahead.


Fleenor said the issue that keeps coming up is the indirect charges with Management Services.  He asked what they could do to help alleviate some of the burden.


Russ Burger, Sheriff, said they are maintaining core services.  He said they are eliminating services that are direct services to the public.  He asked if there was a way to find efficiencies in their central services that would result in increased direct services to the public.


Gary Carl, Oakridge Justice Court, reported the volume of business of citations into their court has been eliminated.  He said the County has done little in terms of revenue at the Oakridge Justice Court.  He said they take citations from state patrol and the city of Oakridge has a contract with the County for services and they get citations from Oakridge City Police.  He thought there was an opportunity to generate income that had not been realized.


Cindy Cable, Florence, indicated that she is not seeing a volume of citations.  She noted that while the Florence area is growing, they have less visibility of a presence of law enforcement.  She said they  have a steady volume of civil cases.  She didnít know if that was justification of a court in this part of the County.


Doug Harcleroad, District Attorney, said with regard to the IS issue, there needs to be a review of and Tony Black needs to be involved.  He said they need to look at how much can be taken out of that fund.  He didnít know if this could be done in time for the budget session.


Anette Spickard, Assessor, said with IS charges and the Assessorís Office, they are technology dependent to get everything done on 190,000 properties every year to get the property statements out.  She commented that the IS Department is critical for her department.  She didnít know how much more they could make a difference to preserve a piece for public safety.


Cynthia Sinclair, Central Justice Court, said she was looking at increased technology.  She commented that it costs money but it could bring money back to the County.


Fleenor asked why the County had so many custom programs that cost so much money.


Sorenson noted that other communities across the country are dealing with the same problems.  He said they decided that confiscating the money of the people who commit crimes is better than not doing anything about it.  He thought they needed to move toward a model of pay as you go system.  He wanted to do what Lincoln County does.  He wanted to get ordinances from other communities to make the system work.


Burger reported that the concept of pay as you go is something they have been working on for some time.  With regard to asset forfeiture, he said the drug team is back working, but what they are faced with are assets that are forfeited under state law.  He added that 80 percent of the forfeiture is issued for treatment as opposed to getting back into enforcement operation.


Sorenson reported that Lincoln County has a DUII law that is in effect.  He requested County Counsel obtain a copy of the Lincoln County ordinance and to bring it back to the Board.


MOTION: to direct Lane County Counsel to bring back a copy of the Lincoln County DUII infraction ordinance and set it for a First Reading and Public Hearing before the Board of Commissioners.


Sorenson MOVED, Fleenor SECONDED.


Dwyer stated that he wouldnít support the motion, but he would support a report of the success and failures of Lincoln County and how much it has done to benefit them and the pitfalls of the program.  He added that they could determine whether they should move forward.


Sorenson called for the question to end debate.


VOTE: 5-0.


For the motion on the floor




MOTION: to ask the appropriate parties to acquire information to determine whether such a venture would be beneficial, keeping in mind the pitfalls and safeguards.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


c. DISCUSSION/City of Florence Transient Room Tax.


Mayor Phil Brubaker, Florence, stated that they are looking can to help deal with the crisis Lane County is facing.  He said they are trying to operate the Florence Events Center with a continuing room tax subsidy.  He noted that today their accumulated rate is eight percent on the coast, one percent to the state, four percent to the County and three percent to the city of Florence.  He said they are proposing to raise the city rate one percent to make it four percent, leaving a one percent disparity with the metro area of Lane County.   He said they have had public hearings for financing alternatives for the Events Center.  He indicated the City Managerís budget did propose the one percent increase.  He said it could raise between $40,000 and $50,000 to close the revenue gap they are forecasting for the center for next year.  He said they want to have it in place by July 1, 2008 for the next budget year.


Dwyer asked if Lane County would receive any portion of the tax.


Wilson explained that under the room tax rules, the County has room tax and if a city wants to have a room tax, the revenue share is up to three percent.  She said the city of Florence is proposing to increase their room tax by one percent.  She noted the opportunity exists because the Lane County tax has had a one percent benefit for western Lane County because of the disparity along the Coast.  She didnít know how the Board would feel if the city of Florence raised their one percent and the County was expected to still have a different rate for western Lane County.  She suggested that the city of Florence have this conversation with the Board.  She said if the Board wanted to have the same countywide room tax throughout Lane County, it made sense to make one change.  She added that if the Board wanted to equalize the County tax throughout Lane County, this would be the time to do it in cooperation with the city so the change would occur only once.  She said that was the reason to bring it to the Board.


Green said he was supportive of the request.  He noted even with the room tax subsidy the city of Florence had a deficit.  He asked why they had a deficit.


Brubaker responded that the Florence Events Center is a business and it balances its income and events by selling tickets to shows and for room rentals.  He noted in their annual forecast they thought it was an overestimate of revenue.  He said it did not exceed expenditures, it was a shortfall on the revenue side.


Fleenor thought it was due to the casino opening their hotel and bringing tourists to that area.


Brubaker indicated that the solution for the Events Center  is not generating room taxes, but to fill the gap.  He said they are a meeting facility but until they get a headquartered hotel, they are going to be at a competitive disadvantage. He said they had some problem with the tribes before but the cooperation now is better than ever and they could go back to get cooperation from the tribes.


Fleenor asked if the County were to increase the tax by one percent if it wouldnít preclude them from the equalization program.


Wilson said the city of Florence could go along with the one percent regardless of what the Board does.  She added if they want equalization among all of Lane County, then direction would be for her to prepare an ordinance change to delete the reduced rate for western Lane County.  She said that would have the effect of increasing the room tax in the western Lane County region by one percent.  She added if the city of Florence would enact their one percent tax, it would bring the room tax a in the County to ten percent.


Fleenor supported the city of Florenceís desire to increase the tax by one percent.  He said the city of Florence needs this to be put in their budget to balance for 08/09. 


Wilson didnít think changing the Lane Code would be significant.  She indicated that it would be an ordinance and it would be effective July 1.


MOTION: to prepare an equalization of the tax and proceed with due diligence.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.





a. Announcements






a. ORDER 08-4-30-8/In the Matter of A Refund to Hynix Semiconductor Mfg America Inc. in the Amount of $3,835,535.06.


Anette Spickard, Assessor, explained that the taxpayer has appealed their state appraised value through the Department of Revenue.  She placed this on the tax role and due to its size she is required to come to the Board for permission to write the check.  She asked the Board to review and approve the check from the May 15 property tax receipts.


MOTION: to approve ORDER 08-4-30-8.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. ORDER 08-4-30-9/In the Matter of Applying for a U.S. Department of Justice, Bureau of Justice Assistance, Justice and Mental Health Collaboration Program Grant in the Amount Not to Exceed $250,000 for Thirty-Six Months to Increase Public Safety Through Innovative Cross-System Collaboration for Individuals with Mental Illness Who Come Into Contact with the Criminal Justice System; and Delegating Authority to the County Administrator to Sign Grant Documents (Department of Public Safety).


MOTION: to approve ORDER 08-4-30-9.




VOTE: 5-0.




Stewart indicated he received a letter from Dennis Carr, from Lane Community College in Human Resources.  He is inviting the Board to attend a Cultural Competency for Leaders Seminar on Wednesday May 14. 


Stewart said he received a letter from LTD for a statue recognizing Rosa Parks.   




Fleenor announced that he will be having a community dialogue at Daniís Coffee Shop in Santa Clara


Green announced that tomorrow he will be visiting at Public Works to share information with employees.


Stewart indicated that he attended employee meetings throughout the County.


12. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(e) for the purpose of consulting with property negotiators and ORS 192.660(2)(d) for the purpose of consulting with labor negotiators and ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation.





Commissioner Stewart recessed the meeting into Executive Session at 11:35 a.m.



Melissa Zimmer

Recording Secretary