January 2, 2008

1:30 p.m.

Commissioners' Conference Room


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 present.




The paper ballots will be read under Commissioners Business.




a. PUBLIC HEARING AND ORDER 08-1-2-1/In the Matter of Adopting the FY 2007-2008 Supplemental Budget  1, and Making, Reducing and Transferring Appropriations. (Christine Moody)


Christine Moody, Budget Analyst, reported this is the first supplemental budget for FY 07/08.  She noted there are ten funds changing by ten percent.  She said the majority of this order is the fund balance being adjusted to what actually occurred at the end of last year.


MOTION: to approve ORDER 08-1-2-1.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


b. THIRD READING AND PUBLIC HEARING/Ordinance No. PA 1245/In the Matter of Amending the Lane County Rural Comprehensive Plan (RCP) by Revising Goal -2, Policy 25; to Establish Provisions for a Private Use Airport Overlay Zone; by Adopting an Official Private Use Airport Overlay Zone Map; by Applying the Overlay Zone to Five Private Use Airports and Surrounding Properties and Adopting Savings and Severability Clauses (NBA and PM 11/20/07 & 12/5/07). 


Keir Miller, Land Management, indicated that Ordinance No. PA 1245 and Ordinance 15-07 will bring Lane County into compliance with state laws pertaining to private airport protection and planning.  He recalled the First Reading took place on November 20.  He recalled following the First Reading there were several modifications for the proposals and they were discussed with the Board at the Second Reading and Public Hearing on December 5.  He noted at that hearing staff recommended that the Board postpone taking final action to allow for the two week period between revised readings.  He said since that time they didn’t receive any new information or comments. He recommended approval.


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


MOTION: to adopt Ordinance  No. PA 1245.






c. THIRD READING AND PUBLIC HEARING/Ordinance 15-07/In the Matter of Amending the Lane County Rural Comprehensive Plan (RCP) and Lane Code Chapter 16 to Establish a Private Use Airport Overlay Zone (LC16.012, LC16.296) (NBA and PM 11/20/07 & 12/5/07). 


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


MOTION: to adopt Ordinance 15-07.








Doug DuPriest, Eugene, stated he was present on behalf of Shade Tree, Inc.  He commented on LCOG’s population process.  He indicated that a public hearing was held in December and questions were raised.  He noted that DLCD and Eco Northwest commented that the population projections used the wrong planning period and is inconsistent with the applicable Oregon Administrative Rules.  He said the testimony also noted the projection used five year trends for some cities and fifteen year trends for others.  He said the issue was discussed as to whether LCOG has the jurisdiction to adopt population forecasts for Lane County.  He added the LCOG Board tabled the issue.   


Mia Nelson, Lowell, stated that LCOG is not Lane County’s coordinating authority.  She thought the Board of Commissioners should start from the beginning instead of using LCOG’s forecast.  She noted on November 20 DLCD wrote to LCOG with a number of concerns.  She added that Goal 1 and Landwatch had also submitted objections.  She noted there was no factual basis or other  information in the record for how LCOG came up with the numbers.  She added there was no consistency between city forecasts.  She said there was no finding of fact or 20 year forecast.  She thought the new forecast should be reworked under the new laws.


Jim Gillette, Eugene, commented at the last meeting he realized he had been wasting his time.  He thought the Board would have been more reasonable.  He thought the Board did nothing to refute lies by Jane Burgess and Jeff Towery. He said he was not guilty.  He commented that unless the Board can prove him wrong, he won’t quit.  He wanted justice.


Zachary Vishinoff, Eugene, commented that the community will be subjected to a branding from Nike during the track meet.  He stated the housing director wants to borrow $450 million for more housing.  He hoped Lane County weighs in on the bonding for the arena.


Thomas Brandt, Marcola, said a neighbor has a partition he wants to do.  Brandt says it pushes his property over and he loses two and a half acres.  He appealed the plat.  He asked for the Board’s help.


Wilson explained that if there is an appeals hearing on a lot line adjustment tomorrow and if the appeal would come to the Board, public testimony at this point impairs their ability as an impartial decision maker and could cause a procedural concern.  She recommended that Brandt attend his hearing and make his points there and that the Board not weigh in.




A. Approval of Minutes:

December 13, 2006, Regular Meeting, 9:00 a.m.

February 13, 2007, Work Session, 9:00 a.m.

February 13, 2007, Regular Meeting, 6:30 p.m.

November 20, 2007, Regular Meeting, 1:30 p.m.

December 5, 2007, Regular Meeting, following HACSA


B. County Administration


1) ORDER 08-1-2-2/In the Matter of Reappointing Justices Pro Tempore for the Central Lane Justice Court through January 8, 2009.


2) ORDER 08-1-2-3/In the Matter of Reappointing Justices Pro Tempore for the Oakridge Justice Court through January 8, 2009.


3) ORDER 08-1-2-4/In the Matter of Reappointing Justices Pro Tempore for the Florence Justice Court through January 8, 2009.


C. Assessment and Taxation


1) ORDER 08-1-2-5/In the Matter of Approving the Cancellation of Delinquent Taxes Where Total is Less Than Five Dollars.


2) ORDER 08-1-2-6/In the Matter of a Refund to Weyerhaeuser Company in the Amount of $924,110.79.


3) ORDER 08-1-2-7/In the Matter of a Refund to PeaceHealth in the Amount of $203,835.41.


D. Children and Families


1) ORDER 08-1-2-8/In the Matter of Approving Submission of "Lane County's Six-Year Priorities for Planning, Implementation and Measuring Results for Children, Youth and Families" to the Oregon Commission on Children and Families.


E. County Counsel


1) ORDER 08-1-2-9/In the Matter of Selecting Newspapers to Publish Monthly Notice of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.


F. Health and Human Services


1) ORDER 08-1-2-10/In the Matter of Reappointing One Member to the Public Health Advisory Committee.


G. Management Services


1) ORDER 08-1-2-11/In the Matter of Authorizing the Sale of Surplus County Owned Real Property for $13,000 to Jo Ann Dooley, Former Owner of Record (Map  17-02-31-13-00202, 617 North 36th Street, Springfield).


H. Public Safety


1) ORDER 08-1-2-12/In the Matter of Accepting a Proposal for LCP 2007-06 for Corrections Inmate Pharmacy Services and Awarding a Three-Year Requirements Contract to Diamond Pharmacy Services.


I. Public Works


1) ORDER 08-1-2-13/In the Matter of Confirming the Public Works Director’s Posting of the Perkins Creek Bridge on Biggs Road (a Local Access Road).


MOTION: to approve the Consent Calendar.




VOTE: 5-0.












a. DISCUSSION/Direction on LCOG Population Forecast Authority.


Stewart reported that when he attended the LCOG meeting there were items that came up that raised concerns.  He was told that LCOG doesn’t have the authority to do the population forecast  He said they were going to ask the members of the LCOG Board to pass an order that recommends to the Board of Commissioners to adopt the population forecast.  He wanted direction to have legal counsel look into those actions.  He wanted to find out if LCOG had the ability to perform the activity for the Board and if the Board of Commissioners could adopt the numbers without having a process.


Sorenson asked if they could help the Board of Commissioners terminate their relationship with LCOG.


Wilson said that Stephen Vorhes, Assistant County Counsel, was going to come back in early February on the options.  She said they are looking at whether LCOG has the authority.


Sorenson thought because Lane County was the only county in the state not doing the population forecast that they should make it clear they want to get the function back and have the resources given to them to do it.

Dwyer was concerned about the process and the inconsistencies in the formula.   He supported Sorenson’s concept that they assume the authority in doing the studies and projections and use a methodology that is acceptable and they could defend. He wanted to serve notice that they were going to formulate the population studies.  He wanted to evoke Lane County’s authority.


Green asked what resources they had to perform the function.  He didn’t know who would do the work..  He said it was a budgetary decision.


Fleenor thought that LCOG had the money and he thought it was coming from Lane County’s dues. He thought they could divert the County’s dues to pay for an internal study.  He thought they could charge their partners for the cost of doing the study.   He wanted to put things on hold as they didn’t have the authority to do the study and it was not defensible.


Dwyer wanted to make sure they were able to defend the methodology.  He wanted to apply the methodology and they then could move forward.


Fleenor thought there was a public policy issue.  He asked if they should take the authority back.  He asked what the legal mechanism was by which they take the authority back.  He asked how they pay for it.  He asked if they take it back, what the disposition is of the current population forecast.  He thought they needed to be brought back.


MOTION: to have staff formulate population projections that are defensible, that comply with the law and they could adopt.


Dwyer MOVED, Sorenson SECONDED.


Stewart asked if they should send a letter to LCOG stating DLCD doesn’t believe LCOG has the authority and that Lane County needed to take it over.


Sorenson said he supported this because it makes it clear to LCOG that they are taking the population forecast over.


Fleenor had concerns about city partners who had grant applications pending that would go into needed infrastructure. He thought it could have a long term financial impact.


Stewart wanted to know what Vorhes’ research is and the process they need to go through.  He said they are going to have to come up with a process to charge fees.


Fleenor asked if they move forward to allow the existing population forecast to stand.  He asked if that would slow the system down.


Wilson said it depends on what the grant is looking for in the population forecast.  She said part of LCOG’s doing the population forecast includes those forecasts being included in each of the city’s comprehensive plans.  She noted there are land use consequences.


Dwyer stated the motion is to send a letter to LCOG telling them that Lane County is reassuming the duties of the population study due to  the DLCD letter and ask staff to formulate the methodology


VOTE: 3-2 (Green, Stewart dissenting).


Stewart wanted to see Vorhes’ response.


Fleenor wanted the existing population forecast (2004) to continue as part of the motion.


b. DISCUSSION/Enterprise Rent-A-Car Carbon Offset.


Fleenor reported that Enterprise Rent-A-Car has contacted the Board and wanted to make a proposal that in the renter’s fee there would be a charge of $1.25 per transaction collected and remitted to an offset Co2 partner, called Terrapass.  He said they would ensure the money is used to fund projects that would remove Co2 from the atmosphere. He added they are also requesting the exclusion of the charge from the gross rental fee for the purpose of the motor vehicle rental tax.


Dwyer thought the concept was worthy.


Wilson indicated the tax would be done by an ordinance.


Sorenson wanted to get the opinion of the Parks director.


Wilson explained the significant impact from a finance resource perspective would be an audit.  She said the policy question is one of supporting the carbon offset concept and whether they are comfortable with the kind of arrangement that Enterprise had proposed.


Sorenson also wanted to get the opinion from Michael McKenzie Bahr, Economic Development, the Parks Director and the auditor.  He commented that Lane County had never adopted any policy on this.


Fleenor asked if this could be made a generic contract with any rental car company.


Wilson explained if they do it as an exemption to the car rental tax it would be generic.  She wanted to write it where the car rental company is not retaining the $1.25 but investing it with someone else.


Fleenor thought it should be a certified offset partner similar to Terrapass or other organizations.


Dwyer agreed.


Stewart wanted this to go through Finance and Audit and for comments from the auditor, Parks and Mike McKenzie-Bahr.


c. RESOLUTION AND ORDER 08-1-2-15/In the Matter of Budget Direction for FY 08-09.  


Stewart explained that this was an order as a result of the Leadership Team meeting.  He said the direction from staff was to prepare two different budgets.  He indicated what was added to this order was the reviewing budget option, that if there is a one year renewal at the current rate, to keep the budget at a current level.


MOTION: to approve ORDER 08-1-2-15.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


d. Ballot Results


Stewart read the votes off the ballots as follows:


Stewart:   Stewart for Chair, Green for Vice Chair

Green:    Stewart for Chair, Green for Vice Chair

Sorenson: Sorenson for Chair,  no vote for Vice Chair

Dwyer:  Stewart for Chair, Green for Vice Chair

Fleenor: Sorenson for Chair, Green for Vice Chair   




a. Announcements


Spartz stated that he was happy to be in Lane County.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No PA 1244 Adopting Amendments to the Lane County Rural Comprehensive Plan to Redesignate Land from "I/C" (Industrial/ Community) to "PR/C" (Park and Recreation/ Community); and Rezoning that Land from "RI/C" (Rural Industrial/ Community) to "RPR/C" (Rural Park and Recreation/ Community), Map 16-45-29 Tax Lot 1300, and Adopting Saving and Severability Clauses. (Applicant: McKenzie Community Track & Field. File No. PA 07-5588).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1244 for January 16, 2008 at 1:30 p.m.




VOTE: 5-0.




Letter regarding Martin Luther King Celebration.


Stewart indicated they were asking for money from Lane County for the Martin Luther King Celebration.  He indicated Lane County had contributed to this in the past.


MOTION: to contribute to the Martin Luther King Celebration.


Sorenson MOVED, Dwyer SECONDED.


Stewart said the money would come out of the Commissioners’ Discretionary Fund and  an order would be brought back on the Consent Calendar.


VOTE: 5-0.




Fleenor announced his community dialogue for tomorrow.


12. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Stewart adjourned the meeting at 2:50 p.m.



Melissa Zimmer

Recording Secretary