February 20, 2008

following HACSA

Commissioners' Conference Room

APPROVED 3/12/2008


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








Nan Osband, Florence, heard there were rumors regarding the extension of the sewers outside of the city limits on Rhododendron Drive.  She wasn’t sure they had a facility permit.  She wanted a status on what was going on.


Fleenor responded that last week the Board approved issuing Florence a facility permit to extend a dry sewer up to its existing annexation area to Fawn Ridge.  He added the portion from 35th to Fawn Ridge is in litigation as to whether Florence was able to legally annex.  He said Lane County provided a facility permit allowing Florence to put a dry sewer pipe in the trench that the Alaska Cable Company is putting in up to the city limit.


Leah Patton, Florence, asked the Board to look beyond annexation for the end result.  She said if the city is allowed to go with cherry stemming, the wetlands will go and there would no longer be a free beach in the Florence area.


Jim Gillette, Eugene, commented that an Executive Session is like a trial without representation. He said in 1996 when he was fined the commissioners received a letter and it contained a wrong date.  He said if the Board could prove he lied, he would walk away and pay a fine.  He said with the current case there was no warning given to him.  He said he received a letter from Jane Burgess about the National Guard training.  He said they were on his property and fired blanks and that is not considered firearms.  He said the staff makes mistakes.


Stewart stated he made a personal call to Gillette before the fines were assessed.  He told Gillette he would be receiving a letter on Friday and they wouldn’t be assessing the fines until Monday.  He encouraged Gillette to come in.  Stewart told Gillette things were moving forward.  Stewart said Gillette misrepresented what he felt took place.  Gillette thinks he has been extorted.  Stewart stated that there was an illegal cabin on the property that someone was living in.


Zachary Vishinoff, Eugene, stated that he liked the letter and asked the Board if they had any questions.  


Spartz said he will give Vishinoff the letter and will send copies to the city.


Sherry DeSilva, stated she was representing her membership on the Commission of Children and Families.  She reported on their child care in the court house. She indicated that there is no funding designated and they need to look for collaborative funding.  She hoped they could extend hours to be open five days per week.


Thomas Brandt, Marcola, stated he found another 22,000 acres bought by Weyerhaeuser illegally.  He said he was planning to appeal the hearing official decision but the cost of the fee is $3,490.  He commented that only people with money could appeal.  He said he can’t fight the appeal because of the cost.


Stephen Vorhes, Assistant County Counsel, indicated that Lane Manual 60.860 (2) provides the Director of Public Works or designee the authority to reduce fees under certain circumstances.  He said that might have been available in this case.  He commented that the difficulty in an appeal situation is there is a period of time in which the appeal needs to be filed.  He said if the issue of the appeal and waiver is not resolved, then the time for an appeal might have run and the decision of the County might be final.    He didn’t know what approach was taken .   




A. Approval of Minutes:

February 5, 2008, Work Session, 8:30 a.m.

February 6, 2008, Regular Meeting, Following HACSA

February 6, 2008, Regular Meeting, 1:30 p.m.


B. County Administration


1) ORDER 08-2-20-1/In the Matter of Moving 0.50 FTE Appropriation Within Fund 124 from the Department of Human Resources to the Department of County Administration to Provide Staff Support to the Lane County Commission for the Advancement of Human Rights.


C. County Counsel


1) ORDER 08-2-20-2/In the Matter of Amending Chapter 2 of Lane Manual to Add Responses and Procedures Relating to Public Records Requests (LM 2.150, 2.162 and 2.163).


D. Health and Human Services


1) ORDER 08-2-20-3/In the Matter of Approving the 2009-11 Lane County Mental Health and Addictions Implementation Plan.


2) ORDER 08-2-20-4/In the Matter of Awarding a Contract Amendment to Willamette Family in the Amount of $884,763 for Alcohol and Drug Addiction Treatment to Parents Referred from the Department of Human Services.


E. Public Safety


1) ORDER 08-2-20-5/In the Matter of Delegating Authority to the County Administrator to Execute Amendment No. 1 to Intergovernmental Agreement Between the City of Eugene and Lane County for Adult Work Crew Services.


F. Public Works

1) ORDER 08-2-20-6/In the Matter of the Alteration of Bernhardt Heights Road, County Road No. 1112 (18-11-15 & 16).


2) ORDER 08-2-20-7/In the Matter of Amending Chapter 60 of Lane Manual to Adopt Fees Relating to Special District Boundaries (LM 60.812).


MOTION: to approve the Consent Calendar.


Fleenor MOVED, Green SECONDED.


VOTE: 4-0.








Sorenson said they are going through the impact of the loss of federal forest funds on counties.  He said what hasn’t been discussed is the impact of the changes in Oregon’s taxation of private timber lands.   He said they were receiving about $38 million per year from 1997 to 1999 and the revenue to the state could have been shared with the counties.  He said the revenue has now gone down to $100,000.  He thought they should try to rebalance the equation where the State of Oregon has an appropriate level of taxation on private timber lands.  He didn’t think they should have low timber tax revenues.  He thought the leaders should be concerned about the drop in taxation.


Stewart stated that a severance tax was eliminated about five years when they noticed the state taxation dropped.  He commented that people are paying more harvest and revenue tax in place of the severance tax.





a. ORDER 08-2-20-8/In the Matter of Proclaiming March 2008 as "Developmental Disabilities Awareness Month" in Lane County.


Stewart read the resolution into the record.


MOTION: to approve ORDER 08-2-20-8.


Green MOVED, Fleenor SECONDED.


VOTE: 4-0.


b. ORDER 08-2-20-9/In the Matter of Proclaiming February 25 - March 3, 2008 Peace Corps Week.


Stewart read the resolution into the record.


MOTION: to approve ORDER 08-2-20-8.


Green MOVED, Fleenor SECONDED.


VOTE: 4-0.




a. DISCUSSION/Employee Recognition.


Stewart said employees need a thank you and recognition.  He stated there was no program where they recognize outstanding employees.  He wanted to implement a formal program where they recognize a couple of employees a month so it is something ongoing.  He indicated there were different discussions on what they would award employees.  He asked if there was interest from the Board.


Fleenor thought it would be a good idea and he would promote it.  He stated he would allocate $1,000 out of his personal commissioner expense to fund the program.  He recommended having a variety of gift cards up to $35 instead of luggage.


Green supported the recommendation   He hoped they could do it where it doesn’t become too politicized. He didn’t think they recognized the employees enough for all of the hard work they do.  He suggested a countywide newsletter to discuss everything the County does for its citizens.  He thought they should move ahead.


Sorenson said they need to back this up so people could see it as a significant award.  He thought compensation, working conditions, flexibility and respect are factors that make people better employees and this was a way to deal with that.


Stewart stated it was important for employees to hear that they have done a great job and to receive recognition from this program.  He noted that time management was not recommended because they use that for the SAVE award.  He thought of a glass award for an employee and some other type of compensation like gift certificates.


Sorenson recommended looking at what other organizations do.


Green commented that publicizing it was key both internally and externally.  He was concerned that they are becoming an invisible government.  He stated that Lane County delivers critical services and they need to make sure the employees are valued.


Fleenor recommended an employee of the month parking spot.


Stewart indicated that they would move forward with this.


b. Future Agenda Item


Green brought back from AOC a chart showing shared services between the county and cities.  He asked the Board if they could have staff compile or do an analysis of a chart of partnerships with the city and county.  He thought a lot of the time the County is providing the service but the general public believes it is another agency. He wanted Amber Fossen to work on the analysis.


Fleenor supported it.  He encouraged that it be put on the website when the project was complete.


Stewart supported the project and asked that they use Benton County as a model.






a. Announcements


Spartz reported that there is a copy of a memo from Mr. Moore at the Oregon Department of Lands Conservation and Development that was sent to Bob Swank, LCOG.  He said Moore saw the LCOG’s methodology as developing their population projection as legally correct and appropriate.  He said the County must end up adopting a single population number and a range of projections is not appropriate under Oregon Rules and Regulations.  He said the County could adopt projections developed by Portland State University.  He indicated that would give Lane County a safe harbor as there would be no legal recourse against Lane County for adopting such numbers and if Lane County does it, it could be expensive.


Sorenson wanted Kent Howe, Land Management, to talk to the Board about the implications.  He thought they needed another briefing on this matter.  He recommended bringing in someone from Portland State so they could get the best information.


Stewart recommended Howe come back to the Board with the requested items in the letter.


Sorenson wanted to review the memo and have staff write a letter to the Board. He wanted to know if  Portland State could be available.


b. ORDER 08-2-20-10/In the Matter of Authorizing the Use of $25,000 of Video Lottery Funds to Defray the Costs of County Permits for Public Benefit Community Facility Projects.


Mike McKenzie-Bahr, Economic Development,  said this has to do with dealing with permits and requests from community organizations.  He recalled in October the Board directed staff to find funds that might work for this and in November they budgeted 1,000 from the reserves for a Mapleton project.  He said there was a request to the EDSC that the use of funds for this purpose would fit the lottery funds under rules of the Video Lottery Funds:  outcomes include community developments investments.  He added the projects would benefit either tourist based businesses or direct businesses themselves.  He said the EDSC voted unanimously to recommend to the Board to use $25,000 from the video lottery funds.  He said after this they would still have about $1 million in video lottery funds.


MOTION: to approve ORDER 08-2-20-10.


Green MOVED, Sorenson SECONDED.


Green thought this was a good idea and there could be a public benefit.


Fleenor asked if this needed to be voted in each year.


McKenzie Bahr indicated that this was voted in as a one-time appropriation.


Sorenson was supportive of the motion.  He wanted to have a revolving loan fund to help people. He added they are going to be in the position of  being asked by different community proposals for more assistance.  He thought business partners would like this.


McKenzie Bahr said he is setting up a process. 


Wilson said the way the Board order is written, it is for facility permits, for the use of the County’s facility.  She said those show up when there is a bridge lighting.  She said that wasn’t a revenue generator but for community good will.


Stewart thought they took care of facility permits for bridge lighting at a previous meeting.  He said this was for a permit like the Mapleton Docks.    He said it was intended for permits for community benefits.


Wilson said they were talking about any kind of County permit.  She said there wasn’t clear criteria as to what the funding is to be used for.  She recommended bringing this back to the next meeting.


Green withdrew his motion.  Sorenson withdrew his motion.





a. ELEVENTH READING AND DELIBERATION/Ordinance No. PA 1238/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Revise the Goal 5 Significant Mineral and Aggregate Resources Inventory, Redesignate from “Agriculture” to “Sand & Gravel,” Rezone from “E30/Exclusive Farm Use Zone” to “SG/Sand, Gravel & Rock Products Zone,” and Allow Mining on 72.31 Acres of Land Pursuant to the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File Pa 05-6151; Delta Property Co.) (NBA & PM 10/18/06, 11/1/06, 12/12/06, 2/14/07 & 3/14/07, 4/18/07, 5/1/07, 5/23/07, 1/16/08, & 2/6/08).


Stephanie Schulz, Land Management, said this is for a final decision.


Sorenson asked about the recommendation of the Lane County Planning Commission.


Schulz responded that the Lane County Planning Commission recommended denial.  She said it was a 5-4 decision being at the level of significance.


MOTION: to adopt Ordinance No. PA 1238.


Green MOVED, Fleenor SECONDED.


ROLL CALL VOTE: 3-1. (Sorenson dissenting).


b. REPORT BACK/Biggs Road.


Fleenor reported that he, Dwyer and staff met with the neighborhood.  He said they had a discussion about several aspects of the issue.  He said they broke it up into the actual bridge design, make up and cost and how the bridge was going to be paid for.  He said they discussed whether they wanted Option 4, the railroad bridge.  He indicated the neighborhood brought in a local contractor to give an Option 5, to build a concrete bridge using the State of Oregon leftovers from previous bridges.  He reported that staff agreed to meet with the contractor and representatives of the neighborhood to discuss the option. He said they considered this to be brought before the Board if the total construction would be at or below the $132,000.  He added they would consider a little more because the life expectancy is 20 years greater than the railroad car.  He said they would recommend to the Board that the citizens of Lane County pay for half of the bridge and the citizens of the neighborhood pay for the other half.  He said they addressed the payment issue and indicated they would provide them an interest rate based on the CPI index plus two percent.  He added they would provide monthly payments, semi annual payments or a lien on their property to be paid upon sale of the property, with accumulated interest.  He noted the number of lots used as the basis for determining the price for plot is six residences.  He added one residence is a hardship case and not a viable lot.  He indicated to the neighborhood that no decisions would be made until all the questions are fully addressed to the satisfaction of staff and the County.  He thought most people were satisfied  moving forward.


Bill Morgan, Public Works, indicated that they searched the tax lots and based on the analysis it is five tax lots for assessments.  With regard to the cost estimate, he said if the County enters into this, it would be a publicly bid project. He said until they go through the public process, he recommended a higher cap of $150,000.  He said this is a proposal to split 50-50 with the affected property owners.  He said they would agree to share in the cost of the proposed improvements up to a cap defined by the Board.  He explained that what makes the costs uncertain is the foundation design.  He said he would come back with an outline at a 30 percent design level of the expected permits and the cost and a mini design concept and an order that the affected properties be assessed for the cost.  He said after that they would go with the process on normal assessments with the Director’s report back to the Board and notices being mailed out so they have an opportunity for remonstrance if they see anything within the project that they don’t agree with.  He said they would bid the project and will get the itemized costs.  He indicated after the work is completed, they will return to the Board for a certification of the final assessment amounts including property liens.  He said they will have to aggressively pursue the project.


Green was supportive of the limit up to $150,000.


Morgan said in Option 4 there are certain costs the County could easily absorb.




a. ORDER 08-2-20-11/In the Matter of Approving the Deadly Physical Force Plan Pursuant to Senate Bill 111.


Doug Harcleroad,  District Attorney, explained that state statute requires a planning committee and they identify who is supposed to be on it.  He said the Sheriff and District Attorney are the co-chairs to put a plan together that meet the statute.  He indicated they had a public hearing and only three people showed up.  He said they took their input and modified the plan.  He said this is the finalized plan.  He noted that Florence, Springfield, Cottage Grove, Junction City, Coburg and Oakridge have already approved the plan.  He added the statute requires two-thirds approval of the jurisdictions that have police forces.


MOTION: to approve ORDER 08-2-20-11.


Fleenor MOVED, Green SECONDED.


VOTE: 4-0.




Sorenson received a copy of a letter sent by Mr. Fulkerson dated February 18.  He said they are asking to look at the recommendation that was made five years ago from the Lane County Animal Regulation Task Force suggesting that the County institute the standard practice of dog license information in the property tax mailing. He recommended the County start using mailings in the property tax statement to include important mailings.  He said they haven’t been able to connect the work of the assessor’s office with their need to do the mailings.  He added the mailings might include overnight park stays. He wanted to find out what it would take to do this.  He planned on Assessment and Taxation getting the full cost recovery for the mailing.  He thought they were missing an opportunity to not have the mailers included.


Fleenor thought they should dovetail any mailing in house or with non-profits in the property tax bills.


Sorenson indicated that Anette Spickard, Assessment and Taxation, was opposed to this as there was additional cost.  He said under no circumstances would they call on A & T to pay for this.  He wanted to get Spickard’s opinion.


Green was in favor of this.


Stewart wanted to put this on the agenda as a discussion item.  He wanted to know how many quarterly payments are mailed out.  He noted this is not going to renters or people who have dogs.  He thought it would be better to send out a countywide mailer dealing with animal licensing.


Green asked if there was a way to get to the cities and the elected officials and ask them to partner and use their resources.  He wanted an opportunity to get the word out and help share the costs.


Sorenson requested that they have LCAS, Health and Human Services and the Assessor at a Board meeting and have the Board give direction that they want this.


Fleenor said he would be happy to field negative calls from people regarding the inserts.


Green suggested trying different methods.  He said it also takes a letter generated to city councils for them to tell their citizens how important this is and it needs to be ongoing.


Stewart said this would go to the agenda team to schedule for March 12.




Fleenor announced a community dialog scheduled for Junction City tomorrow with Sheriff Russ Burger.


Green reported that the AOC Legislative Committee met on Monday and convened as a Special Committee.  He noted an action taken was a position on SB 1087 a competing measure with the Mannix bill.  He thought the County will have to bear the costs on CCA dollars.


Fleenor announced he would be visiting Maricopa County in March, visiting the tent city.


Stewart reported that he will be presenting to the Springfield City Council next week Lane County’s prioritization list and he will inform them of the ramifications if they adopt the no Secure Rural Schools budget.  He added next Wednesday he will present the information to the Eugene City Council.


13. EXECUTIVE SESSION as per ORS 192.660


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






There being no further business, Commissioner Stewart recessed into Executive Session at 11:15 a.m.



Melissa Zimmer

Recording Secretary