December 10, 2008

9:00 a.m.

Commissioners' Conference Room

APPROVED 2/13/2009


Commissioner Faye 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.




Stewart added a federal request list for discussion to be placed under Commissioner Business.




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 the picture.


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 is ambiguous.  




A. Approval of Minutes


B. County Administration


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 Families


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 Services


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 Compensation Plan.


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 (18-12-04).


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




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.





Dwyer commented 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.


Fleenor participated in a dinner honoring the wives of Veterans Post 3232 at Three Rivers Casino.  He talked about how serious the County situation is. 


Sorenson recalled 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 investment.





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).


MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance PA 1249 for April 8, 2009.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


Richardson 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.


MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance PA 1249 March 4, 2009.




VOTE: 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.




a. 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.


Jennifer Jordan, 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.


Kay Blackburn, 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.


Jim Lanzarotta, 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.


Kevin Mullerleile, 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.


Lanzarotta recalled 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.


MOTION: to approve ORDER 08-12-10-9.


Green MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. DISCUSSION/Wayne Morse Free Speech Plaza.


Victor Stathakis, 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 Program.


Fleenor asked Stathakis to come back with an action plan on what he is looking for with his highest priority first.


Stathakis stated 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


Alex Cuyler,  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.





a. Announcements


Spartz received 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.


b. REPORT/2008 Charitable Contributions Campaign.


Spartz reported 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 circumstances.


c. DISCUSSION/In 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.


Warren Weathers, 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.


Elaine Howell, 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.


Dwyer’s concern 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.


MOTION: to approve ORDER 08-12-10-11.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.










14. EXECUTIVE 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 12:50 p.m.



Melissa Zimmer

Recording Secretary