July 23, 2008
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor and Peter Sorenson
present. Bobby Green, Sr. was excused. County
Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary
Melissa Zimmer were also present.
TO THE AGENDA
Mayor, West Fir, discussed a train quiet zone.
He said if he can get a letter of support from the Board, they could
declare a train quiet zone.
Veneta, commented that Public Worksí crews were amazing.
She stated that two weeks ago her mother in law fell and she thought the
Eugene, reported that the commissioners in Los Angeles passed an ordinance
banning plastic bags.
Eugene, thanked the Board for a hearing and for talking to Stewart.
He wanted to put his second hearing on hold.
He didnít read anywhere where it states if someone loses their case the
fines would be retroactive. He
wanted to get this over with. He
didnít think the fine should have counted because weekends shouldnít count.
Eugene, recalled when she first met Jim Gillette there were two families living
in legal trailers. She relied on
what Gillette said that they were legal and he got permits.
She added the permits were in arrears.
She commented that almost everyone in the County is in arrears on permits
until they get a reminder. She
recalled Bob was renting a back room, which he is still doing.
She said the hearing was unfair, as it resulted in the $52,000 fine.
She commented that the accuser was a crazy lady and the delays were not
Gilletteís fault. She commented
that the fines should not have been retroactive.
She indicated that vacations have been brought up and she was the direct
cause of the timing of their vacation. She
said she only has certain times when she can take vacation.
She indicated that they will be gone for a month and hopes that would not
be held against Gillette. She
commented that it didnít make sense to take the other court case before
hearing the first one.
regard to fines, Stewart noted that everyone gets charged for the first day.
He said there is a grace period of three days to come in.
He added that Gillette came in and applied for an indigent application
because he didnít have the money and didnít believe he had the means to pay
the fine. Stewart said the process
took three days, but when it was determined that Gillette did have the means to
pay it, he came in and paid the first one day fine of $1,000.
Stewart indicated that was policy then but it has been changed to where
people post a small amount first. He
said Gillette wasnít penalized for that in the process.
Stewart said Gillette was found in non-compliance and guilty.
He said he spoke with Gillette on the phone and Gillette stated he would
not (no matter what) tear down the building that they classify as ďBobís
House.Ē Stewart added that it
wasnít until after the hearing and Gillette was found guilty of being in
non-compliance (because the County was moving forward with the foreclosure sale)
that he determined he was going to find a way to make it happen.
Stewart said Land Management was able to permit the building as an
accessory agricultural building for equestrians.
Stewart said it was only the fact Gillette took off in December for a
prolonged vacation, that he worked with him for 18 months to get into compliance
and Gillette said he wouldnít bring the specific structure into compliance.
Stewart stated Gillette was in non-compliance and guilty.
He wanted the citizens to know there was a whole picture.
Creswell, thanked Bill Dwyer for his letter to the editor in support of Bobby
Green. She and her husband have
been coming to commissioners meetings for a long time.
She said some disagreements between commissioners could be heated but she
said when the chips are down, the Board supports each other.
She stated that Green deserves the support.
She said Green has been a real asset to the County and he has helped
bring in money to the County with his support of the Junior Olympics and the
Olympic Trials. She added that he
showing courage in jeopardizing his career by backing a tax issue the public
didnít like. She said Green stood
up for what he believed in and she thanked Dwyer and Green for their hard work.
A. Approval of
June 18, 2008,
Regular Meeting, 9:00 a.m.
June 18, 2008,
Regular Meeting, 1:30 p.m.
June 25, 2008,
MWSD, 9:00 a.m.
June 25, 2008,
Regular Meeting, Following MWSD
B. Health and
1) ORDER 08-7-23-1/In
the Matter of Ratifying the County Administratorís Decision Authorizing
Submission of a Grant Proposal in the Amount of $500,000 per Year for a Maximum
of Five Years for a Lane County Demonstration Project on Home Visitation
Programs to Promote Healthy Children and Accept any Resulting Grant Award.
C. Public Works
1) ORDER 08-7-23-2/In
the Matter of Authorizing Application for Funding from the Federal Highway
Administration under the 2008 Oregon Forest Highway Program for Slide Repair,
Retaining Wall Repair and Preservation Projects on Identified Roads.
to approve the Consent Calendar.
that the current crisis Oregon counties are going through are couched in the
terms of the failure of the federal government to provide funding for counties.
He said the depths of local government finance that are currently
affecting Oregon counties is beyond just the topic of whether the federal
government will provide funding to those counties that have a lot of federal
forest land within their boundaries. He
said the stress of numerous requirements from the federal and state governments
to do things coupled with a stranglehold on the ability of those governments to
provide for the money to run their governments, puts all local governments at
Dwyer stated that
there is no tax base in Curry County. He
said it is a tragedy
Fleenor said the
attorney general has ruled that there is no constitutional provision for a
county in Oregon to go bankrupt. He said the request is to fold it back into the
county from which it came. He said
it is called the domino effect. He
commented that Lane County canít afford the other counties that are having
DISCUSSION/Wayne Morse Free Speech Plaza.
Stewart asked this
to come before the Board because Victor Stathakis asked the Board to find a way
to increase the number of days per month that they can use the Free Speech
Plaza. He said there was a letter
given to the Board about a plan to implement in April 2009. He asked if
Stathakis wanted to work on a plan with staff.
He was prepared to offer a longer time frame for them to use.
He didnít think they could gurantee any more Saturdays.
It was his understanding that if no one reserves it, then it would be
open for them to use. Stewart
stated that it wasnít advisable to gurantee it to Stathakis every Saturday of
Wayne Morse Free Speech, reported the original intention was when the electricty
was cut off and the new regulations came up, they were allowed to use the Wayne
Morse Free Speech Plaza twice a month for a maximum of three hours.
Stathakis said it curtailed their program. He said that was the reason
for revisiting the decision. He
wanted to schedule this again in August. He
recalled that Dwyer said they didnít have to have electricity at the free
speech plaza. He wanted to have an
ongoing discussion this winter. He
wanted a program that could take free speech to another level.
He wanted to put this on the agenda next month and see this Board take it
from free speech to civil discourse.
Fleenor asked why
they couldnít provide free access to electricity at all times. He asked why
the County was prohibiting people from plugging into electricity.
Dwyer said the
County has to pay for electricity.
the cost was so low that it wouldnít bankrupt the County at $15 or $20 per
Stewart said they
werenít discussing electricity. He
said when they schedule the free speech area, the power is put on. He thought
Stathakis wanted more time and Stewart said in taking with staff, that more time
was fine. He added they have
difficulty stating specifically that every Saturday would be taken for this
program. Stewart said they could
have two Saturdays per month and it could be extended.
He added if they call ahead of time for the other Saturdays and it is not
being used, they have the ability to use it.
Stathakis said it
is not just electricity, he hoped the Board would make it a project that
everyone could be proud of. He said
it needs management and they will step up to do it.
He wants it to be part of an ongoing discussion so it could be the
Boardís project. He said they
could raise the money, but they need to hire a person to do this.
that amplified speech is different than free speech and he didnít want there
to be a control issue.
that this would come back as an agenda item in August.
b. ORDER 08-7-23-3/In
the Matter of Acknowledging Peace Health's Grand Opening of Sacred Heart Medical
Center at RiverBend.
this document to honor Sacred Heartís 72 years of being in the community,
employing over 6,000 people in Lane County and their move to their new hospital.
Dwyer wanted to
delete the last whereas.
Stewart read the
order into the record.
to approve ORDER 08-7-23-3.
at the fifth whereas that they insert the citizens of Lane County generously
donated, so it takes the emphasis off of Lane County and puts it on the
Spartz noted with
the retirement of Warren Wong, they are advertising the need to hire a new
sending a letter about the abandonment of the rail line in Coos Bay by the
Central Oregon Pacific Railroad Corporation.
He said they want to sell the right-of-way off and once the right-of-way
is sold off to private people, they could never reconstruct the railroad.
He said he would like to see the railroad stay open if possible.
He thought the goal would be to keep the right-of-way in the public
domaine so service could be restored at some point.
He thought Alex Cuyler, Intergovernmental Relations Manager, should check
with Congressman DeFazioís office to set up a meeting for a public hearing.
that the railway is a lifeline to the coast and south and they need to do
everything they can to keep it open. He
added that converting this to a private asset would eliminate that possibility.
He thought the wage of the future is with rail due to the cost of fuel.
Sorenson wanted a
briefing with the Port of Coos Bay, the Board of Lane County Commissioners and
inviting the Douglas and Coos County Commissioners with the people who are
protecting rail service and the other ports. He wanted a briefing on the options
are for intervening with the Surface Transportation Board to find out when they
are holding their hearings in Washington, D.C. and Oregon. He thought the public
interest was not allowing the railroad to abandon the line, but to have Lane
County or the Port of Coos Bay use their powers of eminent domain to try to take
the line over for the public benefit.
that this has economic and social impacts for communities on the coast.
He agreed to assemble all of the stakeholders so they could have a higher
level of cooperation. He said they
have to do their due diligence at all levels.
Dwyer thought all
the players were important. He said that Congressman DeFazio has to be involved
with the process. He thought
DeFazio was going to have subcommittee hearings.
He said they need to find out what DeFazioís intentions are.
He thought Spartz and Cuyler should work together to put on the meeting.
that he had been contacted by constituents who have railroad crossings that are
owned by the railroad and they are charged a crossing fee.
He noted the fees have been increased from $25 to $50 per year to $500
per year in the past six months. He
added that commercial businesses are getting increases from $500 per year to
thousands of dollar per year. He
thought they are trying to establish that they have a greater amount of value as
a result of the crossing fees.
a. ORDER 08-7-23-4/In
the Matter of Approving the Design Recommendation for Replacement of the West
Fork Coyote Creek Bridge on Biggs Road (a Local Access Road).
Public Works, reported this was a team effort on the project.
He recalled the last time they came before the Board was February 20,
when they were directed to investigate a proposed concept for the local access
road bridge on Biggs Road. He
stated at that point they were directed to obtain the signed irrevocable
petitions that set in motion the partnering effort between Lane County and the
residents. He added they proceeded
with the environmental land use applications.
He said they were asked to return to the Board when the design cost
estimates were known. He indicated they would be coming back with a board order
for the assessment portion.
that they met on July 2 with the property owners and Fleenor to go through the
bridge plans. He said the elements
they are recommending are to use used pre-stress slabs purchased in the local
community that are a result of the OTIA III bridges.
He added that these used slabs are new and structurally sound.
He said they are incorporating staff resources and partnering with the
bridge crew. He indicated they have
access to a flatcar they can use temporarily to provide emergency medical access
for the citizens during construction. He added that all Public Works has to do
is pay for staff and fuel cost from Douglas County.
Morgan said they
were investigating the use of consulting with a private contractor to do the
pile driving and continue to use the County staff to do the bridge and road
improvements. He commented by being
in control of the project, they are taking all the risks and unknowns. He said
they are doing value engineering to get the price at or below $150,000.
He said the board order talks about a limit of $180,000, but they are
confident the cost would be closer to $150,000.
He added the biggest unknown of the project is the depth of the steel
Morgan said they
are asking the Board to approve the design recommendations and the costs as
outlined and to direct the County engineer to proceed with the assessment of 50
percent of the final cost as outlined in Attachment 3 and report back to the
Board on July 30.
that this was a showcase on how government could work with the citizens if it
Fleenor thought it
was a job well done. He thanked the
community and thought it was a great example of the community and the County
getting together to make something happen.
b. FIRST READING
AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1248/In
the Matter of Co-Adopting the 2007 Cottage Grove Transportation System Plan
(TSP) for Application in the Urbanizable Area Outside Cottage Grove City Limits
and Within the Cottage Grove Urban Growth Boundary (UGB), and Adopting Savings
and Severability Clauses. (File No. PA 08-5142, Applicant: City of Cottage
Grove). (Second Reading and Public Hearing: August 6, 2008, 1:30 p.m.)
to approve a First Reading and Setting a Second Hearing and Public Hearing for Ordinane
No.PA 1248 on August 6, 2008 at 1:30 p.m.
that this is a co-adoption of a transportation system plan that they would do
routinely once a city has requested it. He thought this would introduce the
problem with the population forecast and the use of numbers when they try to
figure out how to provide for the public infrastructure.
He said unless the County adopts a coordinated population forecast, the
only future population they can use for planning purposes is the future
population forecast for each of the urban areas as contained in their adopted
acknowledged comprehensive plans. He
said there was a difference between 12,500 and 14,141 or a 13 percent increase.
He thought the population forecast within the urban growth boundary might
Dwyer said the
symantics is what is important. He
stated that they have to be consistent throughout if they use the households to
determine the population average.
they should ask their transportation staff whether or not population is a better
indicater of transportation needs or households.
they were overplanning for more infrastructure than the current population data
would indicate. He thought they are
building more than they need to build.
checking with LCOG about citizens per household.
Sorenson said the
trend is there are smaller houses with fewer people in them because people are
living longer in smaller groups, not larger groups.
He thought they should use population numbers so they have a current
adopted comprehensive plan that shows the number of people that are in each
urbanized area in Lane County. He
wanted a current and ongoing process to provide an updated population forecast
the County could approve. He added
that there should be exceptions to the plans that show the population.
He noted in 2011 they will receive the 2010 census.
AND HUMAN SERVICES
a. ORDER 08-7-23-5/In
the Matter of Adopting the Lane County Animal Services Bylaws and Approving the
Lane County Animal Services 2008 Workplan.
Health and Human Services, reported that the Board is required to receive bylaws
from all of the advisory committees. She
indicated they were submitting bylaws for the Boardís review and approval and
the annual work plan for the advisory committee.
to approve ORDER 08-7-23-5.
a. ORAL REPORT
BACK County Counsel Recruitment.
Greta Utech, Human
Resources, reported they received six applications for the position of County
Counsel. She noted of the six, they
have four strong candidates. She
noted that all candidates are from Oregon.
She asked what the Board wanted to do for the next steps.
Dwyer preferred to
consolidate the interview with the questions.
He thought it could save them a step.
He wanted to have the interviews scheduled as soon as possible.
Utecht asked if
the Board wanted feedback from other groups and County Counsel staff.
Dwyer said they
know the critical areas are of importance.
He indicated that half of the job is dealing with boundaries and election
law and running other departments. He
didnít want to be influenced by the rest of the staff with regard to the
in-house candidates. He commented
that the Board has to make the decision. He
wanted to highlight the areas that are important to them.
He suggested asking Annette Newingham or others who deal with the law
about their evaluation so they could be more objective, but not the rest of
extending the opportunity to the other Lane County elected officials and to the
presiding Judge, the County Administrator and the Election Director.
Sorenson asked if
they would consider the involvmeent of the Lane County Bar Association.
Utecht asked the
Board to think about the content of the inteview questions.
She said she would put together questions the Board could choose from.
She added that she would put together criteria, a copy of the questions
and the applications to the Board so they could start ranking them.
With regard to the
Fair Board Manager recruitment, Utecht was hopeful they could have a person to
Spartz said if the
Board could pick a Fair Board by September 1, he would be involved with the
Stewart hoped the
person could be a Fair Board manager, as well as manager of the events center.
TO THE BOARD
asked if the Board received a letter from the IRS.
stated that he asked Amber Fossen, Public Information, to do a press release on
the IRS, relating to the 7,100 people who are qualified to apply for the rebate.
Dwyer said Fossen contacted the Veteranís Services and they didnít
want to do it because they were afraid to tell people they could be hit with a
tax liability if they didnít pay taxes in previous years.
He had Fossen issued the release as people were entitled to know the
money was available.
announced his community dialogue will be taking place at the Walton Mountain
reported they had successful events in Cottage Grove and Coburg.
SESSION as per ORS 192.660
ORS 192.660(2)(d) for the purpose of deliberations with labor negotiators and
per ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation.
being no further business Commissioner Stewart recessed the meeting into
Executive Session at 11:20 a.m.