December 10, 2008
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr.
and Peter Sorenson present. County
Administrator Jeff Spartz, County Counsel Liane Richardson and Recording
Secretary Melissa Zimmer were present.
TO THE AGENDA
Stewart added a federal request list for discussion to be placed under
Kara Thalen, Oregon Restaurant Association, said as an industry they are not opposed
to menu labeling. She indicated the
Oregon Restaurant Association has a statewide menu labeling bill being drafted
in Legislative Counsel. She wanted
federal legislation and it is underway in the National Restaurant Association.
She requested that instead of menu labeling, the Board support working
with the industry to pursue a policy on a statewide basis.
John Anderson, Truck and
Travel, Eugene, commented that it was crazy to consider menu labeling.
He said it presents something targeted toward change.
He stated that they are a single operation but are a franchise of a
national chain. He said they
prepare their own food and make their own recipes, but they would be required to
adhere to new rules and
regulations. He added there would
be no resources from any other body to help them.
He indicated it would be coming out of their pocket. He thought it would make the single operator quit having
homemade foods. He commented that
businesses are struggling to survive and adding another burden was crazy.
Gary Holly, said he works for John Anderson. He
indicated that they make everything from scratch and he didn’t think menu
labeling made sense.
Jim Gillette, Eugene, said the reason he was fined right away on the last issue was
because the letter was a compliance issue he received from the County on fire
arms training. He commented that
blanks are not fire arms training. He
said the County had no basis to start fining him.
He stated that he is in compliance.
He thought it was costing him and the legal office a lot of money.
He wanted the Board to take a stronger stance.
He thought this would escalate with more people coming in on his behalf.
Zachary Vishinoff, Eugene, hoped the Board would listen to the
restaurant association. He thought
the campaign against Bobby was factually challenged and it didn’t have any
basis. He thought it was junk
journalism. He thought Green was a
silent hero. Vishinoff commented
that people who paid attention liked Green.
He distributed an article about public and private development.
He indicated that there is $165 million of backlog maintenance at the
University of Oregon and the only way to get the respect from students is to
stop the university from expansion. He
commented that the average University of Oregon student is getting priced out of
Gerald Scott, Vice President Elmers Restaurants, stated that they are a small chain
and they operate throughout the Northwest.
He said they are supporting the statewide menu labeling so there is
consistency throughout the state and it would let them do the work one time
regardless of where the restaurant is located.
He asked the Board to delay a decision until the state legislature has
come up with a statewide policy.
Deb Johnson Shelton, Eugene, was in favor of menu labeling and looking
at the process. She stated she is a
researcher working in the area of obesity prevention. She knows the risks the
children are undergoing in the community. She thought it was important to have
local control. She said there are
serious health needs in the community and she thought this issue could impact
the public welfare for food and what children are accessing with their families.
Michael Farthing, Eugene, stated he represented the Gabers on the
Second Avenue and Ocean matter. He
thought the County was wrong with the interpretation of the plat and the
extension of Second Avenue. He said
permission has been granted to the public to use the road as it exists on this
property. He said the Board stated
this was not a land use decision. He
asked the Board to put themselves in the Gabers shoes. He recalled the hearings
official for Lane County made a finding that the Heceta Beach subdivision plat
A. Approval of
1) ORDER 08-12-10-1/In
the Matter of Supporting the Northwest Youth Corps' Application for $1.2 Million
in U.S. Economic Adjustment Assistance Program Funds to Establish a Commercial
Certified Rental Kitchen to Serve Lane County Businesses and Residents.
2) ORDER 08-12-10-2/In
the Matter of Reappointing Scott Bartlett to the Lane County Budget Committee.
3) ORDER 08-12-10-3/In
the Matter of Allocating General Fund Dollars for the FY 08-09 Association of
O&C Counties Membership Dues.
C. Children and
1) ORDER 08-12-10-4/In
the Matter of Approving Membership Recommendation for the Lane County Commission
on Children and Families Advisory Board.
D. Health and Human
1) ORDER 08-12-10-5/In
the Matter of Appointing Designees of the Community Mental Health Director to
Direct a Peace Officer to Take a Mentally Ill Individual Into Custody According
to ORS 426.233.
2) ORDER 08-12-10-6/In
the Matter of Appointing Two Members to the Human Services Commission Community
Action Advisory Committee
E. Human Resources
1) ORDER 08-12-10-7/In
the Matter of Establishing New Classifications and Salary Grades and Allocating
Lane Events Center Employees to the Non-Represented Classification and
F. Public Works
1. ORDER 08-12-10-8/In
the Matter of Awarding a Contract to Peterson Machinery Co., in the Amount of
$359,689.00, With One (1) Trade-In, For the Purchase of One (1), New, Crawler
Tractor, Contract FY08/09 FS-02.
2. ORDER 08-11-25-6/In
the Matter of Directing County Staff to Discontinue Efforts to Purchase the
Public Road at Second Avenue and Ocean Way in the Plat of Heceta Beach, in
Section 4, Township 18 South, Range 12 West of the Willamette Meridian
to approve the Consent Calendar.
Potential Change in the Election of Title III Money to Title II
Dave Garnick, Budget Manager, explained that the Forest Service has opened
up a window for one week to go back and change the elections that they had
already made between Title II and Title III dollars.
He hoped they could allocate some of the Title III back to Title II
because under Title III they no longer have the Forest Work Camp as an option
and they were trying to find ways to open some beds to put crews on the ground
to do projects for the forest. He
noted that Title III doesn’t allow that.
He said in the process of contacting the Forest Service, he found out
that if they did convert some Title III money to Title II, there would be no way
they would get any money reimbursed.. He
commented that it would be a gamble if they decided to make any changes between
Title III and Title II. He said
staff met with Spartz about Title III projects. He said the Sheriff’s Office
is planning to re-establish some of the forestland emergency deputies and ramp
up the emergency management and the search and rescue function.
He thought the amount would be $1.5 million.
He commented that it was better than what was originally proposed.
His recommendation was to not change any of the elections and to go
forward as they are.
that things are going down. He said
in Bend the high end restaurants are closing.
He said it was not a good time to be in the restaurant business.
He commented that he was born in a depression and there is a good chance
that he might die in a depression. He
stated that people need to be upbeat and need to make investments.
He said people need to go out and spend money.
participated in a dinner honoring the wives of Veterans Post 3232 at Three
Rivers Casino. He talked about how
serious the County situation is.
at yesterday’s budget meeting they learned about the economy in Lane County.
He said it was disturbing about the number of homes that were in
foreclosure. He thought efforts to
re-localize the economy and investing in solar energy production puts people to
work and generates money for the economy. He
thought they needed to expand jobs coming from local companies.
He noted that there are more than 200,000 acres of private forestland.
He added that if there was an effort to bring the lands into production,
the jobs created to clear, plant and grow the trees on the lands would be an
a. THIRD READING/Ordinance
PA 1249 Co-Adopting the Florence Comprehensive Plan ‘Realization 2020’,
and Applicable Refinement Plans to Complete Periodic Review for the Urbanizable
Area Outside Florence City Limits and Within the Urban Growth Boundary and
Adopting Savings and Severability Clauses. (File No. PA 08-5142, Florence) (NBA
& PM 09/17/08 & 10/01/08).
to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance
PA 1249 for April 8, 2009.
indicated that they needed to re-open the record and they didn’t do that.
She said Stephanie Schulz, Land Management, recommended moving this to
March 4, 2009, that coincides with the other ordinance.
to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance
PA 1249 March 4, 2009.
Dwyer MOVED, Green
4-0 (Stewart out of room).
b. REPORT BACK
Status of Harper Bridge Exemption.
Matt Laird, Land Management, said staff has reviewed the Harper Bridge. He recalled that this claim started in late 2007. He said the Harpers filed for a land use permit for a floodplain fill permit that was approved. He added that a greenway development permit was approved for a private bridge. He said it looked like the Harpers were out of compliance and Land Management issued a request for voluntary compliance. He indicated that since that time they have brought in documentation showing that as far back as 2007, they had submitted a claim to the Oregon Department of Forestry timber harvest notices and they currently have a valid permit, including the placement of a bridge. Laird said will direct staff to send the Harpers a letter closing out the request for voluntary compliance with the understanding that it is a bridge placed for timber harvest and any liability associated with that bridge would be with the Harpers or the Department of Forestry. He indicated that Lane County’s building inspectors have not inspected the placement of the bridge.
7. HEALTH AND
PRESENTATION/Lane County Public Health and the Lane Coalition for Healthy Active
Youth on Childhood Obesity, Chain Restaurant Menu Labeling and Chronic Disease
Prevention Efforts in Lane County.
Health and Human Services, gave a power point presentation.
(Copy in file) on childhood obesity and chain restaurant menu labeling.
a. ORDER 08-12-10-9/In
the Matter of Acknowledging Receipt of the Lane County, Oregon Comprehensive
Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2008, and
Setting Forth the Corrective Measures for Deficiencies Contained Therein.
Finance, explained that Financial Services has prepared their Comprehensive
Annual Financial Report (CAFR) for the fiscal year ending June 30, 2008 and Moss
Adams has audited the report.
Moss Adams, reported that this year there were more internal controls and they
had to evaluate whether the County’s internal controls were appropriately
designed and implemented to meet certain risks where errors could occur.
He said they were required to report to the Board if there were
significant deficiencies in the design or implementation of the controls.
He commented that the County has an experienced finance staff and they
are able to produce the annual financial report on their own and they perform a
technical review. He indicated that
there were no findings of non-compliance.
Moss Adams, reported that there were no difficulties encountered in working with
County staff. He indicated that
there were no audit adjustments this year.
He added that they issued a clean opinion on pages 11 and 12.
He noted with the report on Oregon Auditing Standards Compliance, they only
identified two issues with two funds that had over expenditures on the year. He
said one was the Secure Rural Schools materials and services fund over by
$109,000 and a Fair Board line item
over by $319,000.
that for the past number of years the County received a clean opinion.
He said the County has implemented sound policies and procedures.
Dwyer reported that
staff has made recommendations so that over expenditures would not reoccur.
to approve ORDER 08-12-10-9.
Morse Free Speech Plaza.
Wayne Morse Youth Program, said they did not want to ask for money.
He announced that Saturday Market will take place the first weekend in
April. He thought by the first weekend of Saturday Market they could have a
Wayne Morse Free Speech terrace that everyone would be proud of.
He wanted this to be a project of this Board.
He commented that it was time to move from free speech to civil
discourse. He wanted to know what
the County could do without money that they could be proud of.
He wanted the Board to help them deal with the City of Eugene.
He noted that the administrative policy limits them to six hours per
month. He said they used to be at
the Free Speech Area every Saturday and now they are only allowed twice per
month. He asked if the Board could
make an addendum that the policy applies to everyone but the Wayne Morse Youth
Stathakis to come back with an action plan on what he is looking for with his
highest priority first.
that he has a proposed budget. He
said they need money to pay to transport the equipment. He wanted to say that it was a Board of Commissioners’
sanctioned civil discourse.
b. Lane County
United Front Project
Intergovernmental Relations Manager, distributed information on federal
issues for the United Front and the Federal Economic Stimulus Bill (copy in
file). He reported that Lane
County’s federal lobbyist came to town and they discussed putting together a
list of potential United Front projects as well as potential economic stimulus
projects. He indicated that Lane
County had over $100 million of requests. He
said the lobbyist will take the list and make some adjustments.
He noted that the cities of Springfield, Eugene and LTD had already
submitted their lists.
Green wanted a
prioritized list of the projects.
Cuyler said he will
come back in front of the Board in January with more United Front
recommendations from the lobbyists.
notice from AOC that there are 22 cities and counties named by the GFOA
Association for distinguished budget presentation.
He indicated that this was the fourth consecutive year Lane County has
earned it. He added that there are
only three counties in Oregon that earned the award this year.
Charitable Contributions Campaign.
that last year the County raised $100,000 which was the best the
County had ever done. He
noted that from Hector Rios, Human Resources, last report, they had raised in
excess of $100,000 which was a remarkable effort under the current
the Matter of Providing Comments to the Lowell Urban Renewable Plan.
Dwyer said the tax
money is taken from the County but they can only provide comment.
He added that this doesn’t need the County’s consent. He indicated
that they need a bill in the legislature that requires the County’s consent.
He thought they need to have things the County owns identified into the
plan to give the County an opportunity to capitalize on the urban renewal
concept because they are giving up the money they receive.
Mayor of Lowell, explained that the Urban Renewal District Plan is a key part of
the strategy to restore economic vitality to the community.
He indicated that the Lowell City Council and their planning commission
were unanimous in support of the strategy.
He noted it is eight acres of property with the assessed value of zero.
He thought it was a good plan and he thinks they can make this work.
Chuck Spies, Lowell
City Administrator, stated that they have been working on this project for eight
months. He said they have
established an Urban Renewal Advisory Committee in the City of Lowell with 12
members. He recalled that there has
been a public process. He
said they developed the plan and they will present it tonight at the town hall
meeting In Lowell.
Consultant, commented that Lowell has few services for its existing residents
and little economic output for the community.
She noted that it is a bedroom community. She indicated that the purpose of urban renewal is to clear
blight and to raise the tax roles so more taxes come in.
She stated that the people of Lowell want a downtown community including
a bank or a café. She explained
that the way financing works is when a district is established, the assessor
establishes a frozen base of value and the taxes go to the district and an
increase in value over the frozen base goes to the urban renewal area.
She added the value comes from the three percent annual growth as part of
the tax system and from development in the area.
was the rural market affected by the gas crisis.
He said they need to have a community that doesn’t require travel.
He said they have to give the community a reason to get off the highway
in Lowell. He added the people who
live in Lowell have to have a livable wage.
a. ORDER 08-12-10-11/In
the Matter of Approving the Tentative Agreement Between Lane County and the
AFSCME Nurses, Local 2831.
to approve ORDER 08-12-10-11.
TO THE BOARD
SESSION as per ORS 192.660
Commissioner Stewart was excused at 11:30 a.m.
There being no further business, Commission Green recessed the meeting at