December 17, 2008

following HACSA

Commissioners' Conference Room

APPROVED 2/13/2009


Commissioner Faye Stewart presided with Commissioner Bill Dwyer, Bobby Green, Sr. and Peter Sorenson present   Bill Fleenor was present via video conferencing.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




Stewart noted item 6 b. on McKenzie Basin was cancelled.  He added the appointment of Fair Board members to todayís agenda. He added 6 d. for the recognition of Commissioner Green.




Jim Gillette, Eugene, said he talked to his attorney and his attorney said he prevailed in court because he received prevailing charges.  He said Milo Mecham was the one that said he still owed the County $30,000.  He thought Mechamís letter had mistakes. He asked the legal department to show him where he was wrong.  He thought people in compliance didnít like him.  He wanted to try to resolve this personally.


David Monk, LRAPA, commented that it is the Boardís political support that is most important regarding LRAPA.  He added that if the Board canít continue to support the agency as they have, then the agency canít survive.  He thought federal monies the County would be receiving could be given to LRAPA to provide an on the ground staffed agency that could help facilitate the green technology jobs and sustainability initiatives the City of Eugene is pursing.  He indicated that the agency has brought in a lot of resources.  He said despite the current economic difficulties, the agency has value for the citizens of Lane County.  He didnít think ending the IGA and asking the DEQ to come in will resolve the issues that the City of Springfield had with LRAPA.  He hoped the Board could see that the agency is the same as it ever was.




a. PUBLIC HEARING AND ORDER 08-12-17-1/In the Matter of Adopting the FY 2008-2009 Supplemental Budget #2, and Making, Reducing and Transferring Appropriations.


Dave Garnick, Budget Manager, explained that this is Supplemental Budget #2.  He said now that the annual forecast is completed, they need to adjust the cash balances.  He noted there are ten funds that have changes above ten percent and they are required by state budget law to have a public hearing.  He noted under General Fund 124, under general expense, there were changes as a result of the cash balance carry forward being smaller than what was hoped.  He said there was a shortage in the U.S. Marshallís revenue.  He said they transferred money from the road fund to the Traffic Team and any revenue they generated was supposed to go to the general fund, but they were $700,000 short.  He stated that the Hynix tax refund took some tax revenues away.  He noted that they had to reduce the service stabilization reserve by $2 million.  He said the prudent person reserve is still intact at $4.6 million.  He reported that under Fund 614 employee benefits,  the fund transfer amount should be minus $39,798 instead of what was contained in the legal notice.  He indicated that the pension bond should be $319,442.  He noted under Fleet Fund, 619 under Public Safety, the amount should be a negative $88,815 and under PC Replacement Fund 653, it is a zero transfer amount.


Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 08-12-17-1 with the noted changes.




Sorenson understood the funding for Elections is within the clerkís office.  He noted that whenever Deeds and Records falls from recording documents and there are insufficient funds in the revenue for recording fees, it affects their financial position and the amount of money Elections gets from the fees. He thought it was important that they monitor this closely because they would have to backfill from the general fund.


Fleenor asked if they could establish a lapse via a board order including a provision that any department head shall report to the County Administrator any fluctuation within their revenue by more than five percent in any given month, so they are given notice prior to a deficit situation.


Garnick explained that normally Finance and Audit Committee receives a report quarterly prepared by Finance.  He said that is intended to alert any issues.


Fleenor thought they should have a monthly report or a trigger of a deviation of  five percent of expended revenue with managing the fiscal solvency of the County.  He wanted to see a board order to that effect.


Dwyer said he would want a discussion but now was not the appropriate time.  He said they need to have a discussion about the unintended consequences of those types of policies.  He wanted to see the past five year lapse history for Elections.


VOTE: 5-0.












a. DISCUSSION/Lane Regional Air Pollution Authority.


Merlin Hough, LRAPA, sent a letter to the Board and provided a memo.  (Copy in file).  He commented that LRAPA has been an excellent investment for the local intergovernmental partners.  He said they have been able to reduce their budget and have secured additional funding.  He thought they have given a good return for the Countyís investment.  He recalled that over the years local control has been a key part of why LRAPA exists.  He said in order to have a local regional authority, it requires contiguous local governments for that to occur.  He added if there wasnít a local authority or contiguous local governments to satisfy the requirements for a regional agency, then Title 5 fees would go to a state agency and the state agency would be responsible for permits and overseeing the compliance of industries.


Stewart stated that as a board member, he is proud of the agency and its employees.  He indicated that they do a great job within their means.  He was concerned about rural Lane County.  He said it is hard to keep a balance.  He  asked if LRAPA wasnít in place, what the differences would be.


Andy Ginsburg, DEQ, (via speakerphone) said they havenít mapped out what would happen if LRAPA doesnít exist.  He was hopeful the Board will decide to continue with LRAPA.  He indicated that the DEQ has a regional office in Eugene but there is no air staff.  He noted the closest air staff is in Medford and Salem.  He said they would have to reorganize and redeploy if they were to be able to cover Lane County.  He said they couldnít do it with the same level of service LRAPA provides. He indicated that they would be under pressure to treat every County consistently.  He added that if there were special situations in Lane County requiring something different, it would be cumbersome.  He noted that Lane County would have the same local voice it currently has.  He said his perspective is that it is important to have a local partner.  He commented that it was beneficial to continue with LRAPA.


Fleenor asked if LRAPA were to go away would certain Clean Air Act rules and regulations as determined by the Oregon DEQ still necessitate the restrictions LRAPA has imposed on the Springfield area.


Ginsburg indicated that they would roll all of LRAPAís current rules into their rules.  He noted that many of the regulations in Lane County were put in place for specific local air quality problems.  He added that anything adopted to implement the Clean Air Act would have to continue.  He noted that under state law, LRAPA is required to have rules to implement what DEQ requests.


Dwyer didnít see any strong desire by the Board to sever its ties.  He thought LRAPA was a redundant agency. He commented that from a policy perspective Springfield will save dues, but they are giving up a voice.


Fleenor recommended retaining its relationship with LRAPA and having a more in-depth discussion early next year.


Stewart urged the LRAPA Board to consider statutorily changing the requirements of the make up of the Board.  He believed that if they are going to move into a more geographical area and consider the air shed based on the size instead of the population, they should find a way to get more appropriate representation based on the geographical aspect than the way they currently have.  He indicated that the Board will send a letter of response to LRAPA.



b. REPORT/McKenzie River Basin. (PULLED)


c. REPORT/Implementation of the Oregon Forestland Urban Interface Fire Protection Act in Lane County.


Lena Tucker,  South Cascade District Forester, gave a power point presentation on the Oregon Forestland Urban Interface Fire Protection Act and SB 360. (Copy in file).


MOTION:  for Lane County to support the implementation of SB 360 and work to make appointments necessary for the Oversight Committee and have the committee utilize some of the resources available to implement policies.


Dwyer MOVED, Sorenson SECONDED.


Sorenson requested more written documentation.  He wanted to amend the motion to have Legal Counsel amend the Board order.  He asked for another report back in April.


Tucker stated she will put together a cooperative agreement that could be used as part of the board order.


VOTE: 5-0.



d. ORDER 08-12-16-2 Appointing Members to the Lane County Fair Board.


Stewart recalled that yesterday a motion was passed with a draft board order. He added that Dwyerís choice was not included on the draft order.  He asked if the terms should be staggered.


Richardson recommended having two positions for a one year term and two positions  for a three year term.


Sorenson recommended Myers and Evans be appointed for the year appointment with Land and Vorhees appointed for three years. 


MOTION: to approve ORDER 08-12-16-2.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


e. Recognition of Bobby Green, Sr.


The Board recognized Bobby Green, Sr.ís 14 years of service as the North Eugene County Commissioner.




a. Announcements


With regard to the potential bad weather, Spartz indicated that they are monitoring Lane Transit District and if they have to terminate bus service the County will close down so no one who is dependent upon public transportation will become stranded.


b. REPORT BACK Future of Metropolitan Wastewater Service District.


Spartz reported that the Metropolitan Wastewater Service District has fulfilled the initial condition of financing wastewater treatment bonds for the metropolitan area. He stated the bonds have been retired and there is no particular purpose for the district.  He indicated that state law only allows extinguishing the districts by a vote of the electorate.  He added that the cost could be $60,000 and they currently have around $30,000 in the account.  He stated that in order to go to a public vote, they would have to take money from the general fund.  He communicated to Springfield and Eugene and they werenít concerned. His recommendation is to leave the district in its state and when they do a community survey using ICMA, that they try to get some questions about the publicís view of the district and if they would support abolishing it.  He said if the public supports it,  they should try to get it done legislatively using that information.  He added that they could always choose to go to a vote.


Dwyer agreed leaving the district alone.  He said they have to have one meeting per year and it was cheaper to spend money for lunch than $60,000 for an election.


Fleenor also supported leaving the district alone, but  he thought they should look for a legislative relief.


Dwyer thought that Alex Cuyler, Intergovernmental Relations Manager, should look for every opportunity to have a legislative fix.


c. ORDER 08-12-17-2/In the Matter of Approving Allocations Totaling $200,000 for 2008-09 Rural Tourism Marketing Program (RTMP) Projects in the Cities of Oakridge, Lowell, Westfir, Coburg, Cottage Grove, Veneta, Creswell, Junction City, Florence, Dunes City, and Services in the McKenzie River Region and Authorizing the County Administrator to  Sign Contracts Authorizing Distribution of Funds.


Cristina Rosado, Economic Development, explained that there was competition and after the review committee went through the applications, they recommended McKenzie River Chamber of Commerce with some changes.


MOTION: to approve ORDER 08-12-17-2.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. ORDER 08-12-17-3/In the Matter of Amending Chapter 60 of the Lane Manual to Change Electronic Equipment Recycling Fee Provisions to Apply Only to Large Businesses and Large Non-Profits in Order to Participate with State Ecycles Program (LM 60.875M), Effective January 1, 2009.


Sarah Grimm, Waste Management, explained that Lane County has been doing E-waste recycling since 2004.  She said E-waste is toxic-containing units like computers, monitors, laptops, televisions, VCRís and telephones.  She indicated that they paid for the program through charging fees.  She reported that the state legislature passed the Oregon Electronics Recycling Law, requiring manufacturers to finance a statewide system of collecting and recycling toxic- containing items.  She said the law stipulates that there will be statewide programs providing free recycling of the materials for citizens in counties and cities over 10,000.  She added the law also stipulates that the materials will be banned from Oregon landfills in 2010.  She said the County is not obligated to participate, but the law stipulates in 2010 that they have to make sure those items are not going into the landfills.  She commented that participating in this program is important to maintain their high level of recycling services to the citizens and help to work into the ban in 2010.


Patti Hanson, Waste Management, reported that this program will be free for all individuals, all business and non-profits with less than ten employees.  She said by participating in the Ecycles Program, they could adjust their operation and be ready for the ban in 2010.  She said they requested the Board amend Chapter 60 of Lane Manual to change the electronic equipment recycle fee provision to apply only to large business and large non-profits in order to participate.


MOTION:  to approve ORDER 08-12-17-3.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




Oregonís 150th Birthday


Stewart recalled that they invited people to do planning toward activities that will take place next year.  He indicated that Phillip Carroll has been guiding the effort.  He thought they could get Carroll to come and report to the Board on the activities.


Letter from Senator Joanne Verger


Stewart said they received a letter from Verger asking the Board to consider her recommendation.  He said that John Griffith, Commissioner for Coos County is leaving his post and he serves on the Ocean Policy Advisory Commission.  Verger recommended the Board support Susan Morgan, Douglas County Commissioner, to that committee.


MOTION: to consider Susan Morgan as a member of the Ocean Policy Advisory Commission.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




Fleenor announced the Senior Holiday Dinner on December 25 at 12:30 p.m.



11. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(e) for the purpose of discussing possible property acquisition.






There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:50 a.m.



Melissa Zimmer

Recording Secretary