May 14, 2008
9:00 a.m.
Commissionersí Conference Room

APPROVED 6/23/2010

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 also present.




Stewart indicated there will be Emergency Business regarding Title II funds and the Forest Work Camp. He noted for item W.3.b) 2 the amount should be $791,400.




Victor Stathakis, Eugene, said that he wanted a long term relationship with the Board. He said he has a meeting tomorrow with the police department. He commented that things are off to a slow start but he thought this will be one of the best Saturday Markets in years.


Jerry Berg, said he is a friend of Ray Robinson and the railroad. He commented that the Robinsons are conscientious stewards of the land and water.


Norm Waterbury, Eugene, thought Ray Robinsonís home should be zoned F2 because there was already a home on the land. He wanted the Board to allow Robinson to apply for a zone change to F2.


Nolan Scheld, said he was angry because of the way code enforcement is run. He didnít think it helped the people in the County. He noted the Robinsons have a hobby train. He didnít know how the County had the time to go out and hassle them. He stated that it is wrong to take someoneís property away from them to stop them from enjoying a hobby.


Daniel Cathey, Cottage Grove, said he met the Robinsons over ten years ago. He indicated that they have worked with the Department of Forestry and the Department of Fish and Game to re-establish the land and turn it into a park for people who were invited.


Tim Boshart, Eugene, stated that he moved to the area three years ago and the first friends he made were the Robinsons. Boshart said what impressed him was the way the Robinsons took care of the land and not disturbing nature or wildlife. He added the railroad is a happy place and it is for invitees only. He said Robinson wanted to find a way to work this out. He urged the Board to work this out so the Robinsons and all their friends can continue to enjoy their hobby.

Jim Steiner, Eugene, stated that currently their collective bargaining agreement says only people who do union work can continue to do union work. He said as the Board deliberates over the layoffs, they are being told the supervisor to employee ratio is at a best practice. He said if supervisors do bargaining unit work, the union will grieve it. He added that the union has grieved that in the past and prevailed. He commented that it will cost the County more money in the long run. He distributed information on supervisor to employee ratio. (Copy in file). He said people are being told they could be laid off on May 29 and then recalled as an extra help or temporary position. He said that will circumvent the agreement if that is done. He said when people are being laid off, they are being told  they will be paid for half of their TM.


Alison Hassler, AFSCME, Legal Counsel, stated when the County is considering layoffs (and how they are going to handle their employees) the collective bargaining agreement needs to be studied carefully. She was troubled by the proposed decisions. She indicated if the plans are followed through, they would be asking the employees to do their same jobs that they have done for many years for less money and no benefits.


Richard Maury, Florence, stated that he was on the Roads Advisory Committee. He agreed with the Robinson railroad. He saw the transformation of a cow pasture into a Garden of Eden. He commented that the Robinsons are excellent stewards of the land.


Jim Gillette, Eugene, commented that he has been railroaded by the County. He prepared 27 facts on why the County extorted money from him. He is if no facts are true, then he will drop the case.


Andrea Cabrel, Eugene, said that the Robinsons havenít disturbed any natural habitat. She noted there is no asphalt or concrete. She stated there have been positive articles about Ray Robinson.  She hoped things could be worked out.


Mary Blackburn, Eugene, said she met the Robinsons before he bought the property. She said he took big dumpsters to clear the property. She said he had a vision and worked on it and it brought enjoyment to families. She added that it provides wholesome entertainment. She said that common sense needs to be brought back. She was saddened that it had to come to this and there couldnít be some arrangement.


Alice Urioua, said she lives down the road form the Robinsons and there is no sign that tells that there is a railroad. She stated that it looks like any private home. She said the grass is mowed.  She thought it made an improvement to the neighborhood.


Peter Thurston, Eugene, said that he worked with the Robinsons on their hobby project. His observations were that they have taken care of the land. He hoped there was a way they would work things out with the land use laws. He said this was something that was family oriented and a private hobby.


Jim Goes, Cottage Grove, Chair of the Public Health Advisory Committee, asked the  Board about defunding of Public Health and what it might mean. He commented that if they donít pay now for Public Health, they will pay later. He asked the Board to think of Public Health as an investment or insurance policy. He noted that for every  dollar spent on Public Health is an investment in the citizens in the community and keeping them healthy. He stated that the Health Advisory Board encourages the Board to fund County Public Health at the minimum level in the County Administratorís proposed budget. He commented that this was the minimum to maintain Public Health authority in the County, otherwise the state will have to take it over and that is a situation that no one wants. He added even at the minimum level, major services will go away.


Ray Robinson, Deadwood, stated that he spent 12 years on the railroad and improving the land.  He said he planted 550 trees and 2,000 shrubs. He indicated Fish and Game and the Forest Service were happy. He said he had worked for the Southern Pacific Railroad. He stated that this is a hobby railroad and he never intended it to be commercial. He added that he has never charged any fee and it is by invitation only.


Sorenson indicated that he was at the property and rode the trains.


Fleenor stated that he rode the railroad and helped to layer the track. He commented that this is a gift to Lane County. He stated that Robinson was responsible for a  high level of environmental scrutiny. He said that Robinson transformed this into a Garden of Eden.


Robinson said he didnít know why he had to have a permit for a hobby. He said this was expensive to do. He was concerned about safety. He stated that if anything looks like a problem, he will sell the railroad.


Darryl Harris, Eugene, supported Robinson. He noted that they have a strong group of support.   He hoped the Board will help them achieve their goals.


Rick Jackson, stated that he is Robinsonís insurance agent. He noted the property is 41 acres. He recalled that the parcel had been neglected. He said that the Robinsons have a train in their backyard. He said Robinson had a dream for the land. Jackson said his role was to inspect the property for insurance purposes and it was uninsurable. He recalled there was more debris than living space. He noted in 1996 the property was transformed and it became insurable. He said they demonstrated a pride of ownership. He said he never did anything as an insurance risk to compromise coverage. He said rolling out the train for friends presented no risk.


Gary Kirk, Eugene, said the Forest Service has worked diligently with Robinson to make it a viable property. He said the Fish and Game people thought it was wonderful that there was fish in the creek. He recalled that there used to be a meth lab beyond their property.




A. Approval of Minutes

B. Management Services


1) ORDER 08-5-14-1/In the Matter of Filing a List of FY 08-09 Public Improvement Projects for Lane County with the Commission of the Bureau of Labor and Industries (BOLI).


2) ORDER 08-5-14-2/In the Matter of Awarding a Contract for Lane County Charnelton Place Building EIFS Repair to Applied Restoration, Inc., in the Amount of $971,400.


3) ORDER 08-5-14-3/In the Matter of Amending Chapter 2 of the Lane Manual to Authorize Employee Parking Rates as a Qualified Transportation Fringe Plan (LM 2.805).


C. Public Works


1) ORDER 08-5-14-4/In the Matter of Setting a Public Hearing for the Renaming of Dybbuks Way, a Public Road, to Dorena Mountain Road (20-02-34 & 21-02-03).


2) ORDER 08-5-14-5/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During the Fiscal Year 2008-2009, Prospective Contract No. 08/09-M&S-52.


3) ORDER 08-5-14-6/In the Matter of Filing a List of FY 08/09 Public Improvement Projects for Lane County with the Commissioner of the Bureau of Labor and Industries (BOLI).


4) ORDER 08-5-14-7/In the Matter of Awarding a Contract to Babb Construction Co., dba Delta Construction Co., dba Delta Concrete in the Amount of $1,587,505.80 for Grading, Drainage, Sewers, and Paving Bolton Hill Road (M.P. 0.00 to M.P. 0.65), Veneta, Oregon,  Prospective Contract No. 07/08-10.


MOTION: to approve the Consent Calendar.


Fleenor MOVED, Green SECONDED.


VOTE: 4-0 (Dwyer out of room).




a. ORDER 08-5-14-14/In the Matter of Approving the Receipt of Title II Funds for the Lane County Forest Work Camp and the Department of Youth Services' Juvenile Forest Work Team for FY 07-08 and Authorizing the County Administrator to Sign the Required Agreement Documents.


Dave Garnick, Finance and Budget Manager, explained that this was the seventh year through this process of applying for the Title II Funds.  He said they were successful this year, 2007/2008 in getting approval for $922,000 to help support the programs.  He said this board order needs to be approved so the County Administrator can sign the agreement to allow them to do their billing.


MOTION: to approve ORDER 08-5-14-14.


Dwyer MOVED,  Fleenor SECONDED.


VOTE: 5-0.




Sorenson urged Congress to protect kids.  He said it was important to restrict tobacco marketing to kids.


Dwyer commented that Congress should include ending tobacco subsidies.


Fleenor was disappointed in the public employeesí testimony with their level of awareness as to what the County could do legally. He recommended educational outreach to the employees as to the complexities of their budget and what they can and cannot do.


Stewart agreed that they need to do as much educational outreach as they can.




a. ORDER 08-5-14-8/In the Matter of Recognizing Mark Swanson, Youth Services, a S.A.V.E. Award of 4 Hours of TM.


MOTION: to approve ORDER 08-5-14-8.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.


b. REPORT/Briefing on Robinson Railroad Issues.


Matt Laird, Land Management, reported back on the status of Ray Robinson railroad issues in Deadwood.  He recalled the property is approximately 40 acres and is zoned F1.  He became aware of the railroad on the property via an e-mail.  He said on March 3 Ray and Kathy Robinson sent an e-mail out to multiple people about an event on their property to come and ride their train.  He added that it went to some employees at the state and one or more of them contacted him.  He said they contacted the State Department of Lands and asked if they granted permits on this.  Laird stated the state didnít know anything about it.  On April 4 the Department of State Lands sent out a letter to the Robinsons indicating they needed to come out to site visit the property.  He stated on April 24 he sent a letter to the Robinsons to discuss the property.  He said that Ray Robinson came in on May 2.  Laird said Robinson knew some type of land use approval would be needed.  Laird indicated with Goal 4, it talks about protecting forestland.  He said you canít develop on these types of properties and it is limited to what you can do in the forest.  He commented that in this case the train is already built and there hasnít been a land use or building permit.  He indicated that at this point they donít have a building permit. He said they havenít started a formal compliance process.  He noted the next step would be to file a request for voluntarily compliance letter.  He said on April 30 they received a letter from the Department of State Lands advising there was a violation of removal fill.  He said it assesses a small civil penalty but it was waived due to the restoration efforts that took place.  He said DSL had done a site visit but Lane County has still not done a site visit.  He stated that they donít have enough information as to what type of permits are needed.


Ollie Snowden, Public Works, recalled the letter specifically said there were violations of state removal and fill laws but with the mitigation and a small fine.


c. ORDER 08-5-7-11/In the Matter of Ratifying the FY 08-09 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC).


Susie Smith, MWMC, hoped the information was responsive to the Boardís issues that were raised.  With regard to the Fairgrounds, she noted that Peter Ruffier, city of Eugene provided a packet.  (Copy in file).


Fleenor said when they became aware there was a potential violation of the Clean Water Act in 1999, it was brought to the attention of the fair manager and he and his staff work with Eugene, Springfield and other partners to come up with a process to mitigate. 


Ruffier recalled the consultant worked for the County. He said the choice to make the investment was mutually agreed upon and something achievable.  He said it was the decision of the Fairgrounds.  He indicated the investment related to changing the storm water collection system at the Fairgrounds met the conditions of separating out as much as possible from contaminated and non-contaminated storm water and providing a mechanism by which the Fairgrounds staff could direct storm water to the appropriate reception point.  He said there has never been an intention on the cityís behalf to enlarge the sanitary sewer system to accept more storm water.


Sorenson wanted to see if it was possible to get ideas on how they could achieve the goal of more animal events at the Fair and not be in violation of having animals.


Ruffier stated that the cost is too much.  He indicated there are a number of issues with money.  He said they would want to remove the surfaces so it is more beneficial for large animals.  He said the primary reason the option wasnít pursued was the cost. He added that covering the site would prevent contamination of storm water and allow uncontaminated waste into the Amazon.


Sorenson asked what they would have to do to use the property more for livestock.


Ruffier said the options for storm water were outlined in the consultant report.  He recalled the option for the Fairgrounds to prevent contamination of storm water would mean roofing the areas that have potential exposure on site.


Smith recalled the city of Eugene was one of the early permits for the storm water discharge permit program.  She stated that Springfield received theirs in 2007 and enacted the similar type of code. She said their regulation on the land use approval side is to make sure that devices installed to trap the debris are newer. 


Stewart recommended scheduling a work session to get the proper people at the table.


MOTION: to approve ORDER 08-5-7-11.


Sorenson MOVED, Dwyer SECONDED.


Green asked Spartz that whatever solution comes out of it they will need to identify the money.


VOTE: 5-0.




a. Announcements


Spartz distributed a letter about ethics laws. (Copy in file).


b. ORDER 08-5-14-9/In the Matter of Awarding Funding for Projects Selected Through the 2008 Economic Development RFP General Allocation Cycle.


Mike McKenzie-Bahr, Economic Development, reported that this is the annual appropriation they do every year.  He recommended allocating full funding.


MOTION: to approve ORDER 08-5-14-9.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0. (Green out of room).




a. REPORT/ODOT Update from Area 5 Manager.


Savannah Crawford, ODOT, gave an update about projects from Area 5.  (Copy in file).

b. ORDER 08-5-14-10/In the Matter of Amending Chapter 60 of the Lane Manual to Revise and Add Fees for Public Works Department/Land Management Division Ė Planning Program (LM 60.851), Effective July 1, 2008.


Ollie Snowden, Public Works, recalled in the Budget Committee they indicated the Land Management budget as presented included a seven position reduction.  He added one position is a road fund position out of the Surveyors that is vacant.  He noted the other six positions can be reinstated with approval with the first three items. He explained there are fee increases for planning, building and subsurface and they will restore the budget to the same level of service they currently have this year.  He noted the fourth item is a service improvement item where they will be looking at technology fee increases and long range planning surcharge increases to improve the service they provide to the public.  He explained the planning fees are based on a study done by Maximus, a financial accounting consulting service.  He recalled that they hired them to look at their overhead allocation fees for road fund and for planning fees.  He commented that it is the most comprehensive fee study they have done with their planning fees and it gets them to full cost recovery. With regard to the building fees, he said it had been three years since they increased the building fees and he said they are at 100 percent cost recovery and the same with subsurface sanitation.  He added they are contingent upon an assumption built in the budget that there is going to be a two percent decline in building permit revenues.  He noted that although Land Management is fee supported, there was a comment made earlier that compliance is fee supported and that is not true.  He said that 40 percent of the compliance budget comes from transfers from the solid waste fund.


Laird discussed the different fees. (Copy in file). 


Dwyer commented that people almost need to be rich to appeal.  He discussed a letter from Laurie Segel, Landwatch.  He supported their proposal.


Snowden explained that once they reduce the fees for appeal they would need to spread the difference over the remaining fees.  He added the money to process the fee has to come from somewhere else.  He noted the fee proposed was less than what Maximus had recommended.  He explained that Lane Manual allows waivers under certain conditions by the Public Works Director but a means test is not one of the conditions.


Sorenson thought they should look at the revised appeal amendment and send it back to Land Management to have them lower the appeal fees.


MOTION: to move to send the proposed amendments to Lane Code Chapter 14 to staff for their consideration and recommendation and drop the fee to the state statutory maximum fee of $325 and come back to the Board with a revised fee structure that will spread the cost of an appeal.


Sorenson MOVED, Fleenor SECONDED.


Spartz was concerned about delays as they have to have a balanced budget.


Dwyer asked to amend to accept all the fees except the appeals fee to take effect while they decide what the addition might.


Sorenson accepted the amendment.


Fleenor accepted the second.


With regard to the amendment, Vorhes said if they approve the board order with all of the fee changes (except for the fee changes for the appeal process) that it could be done legally.  He said if there is an analysis that comes back and there is interest in raising any fees they have changed, it will have to wait a year because most of the fees are set by statute and there is a limitation in the Countyís ability to change fees more than once in a calendar year.  With regard to the original motion with the statutory fee, he said they currently charge a statutory appeal fee of $250 for an initial fee without a hearing.   He thought the Board might want to hold off so if there is an interest to add appeal costs they could do it this year and have it in place.  He added the orders would make the changes effective July 1.


Sorenson wanted to come back with feedback on a proposed ordinance and drop the appeal fees.  He didnít want to approve it today.


Snowden indicated that without this, their budget doesnít balance and it means they have to begin the reduction in staff.


Green didnít support the motion.  He indicated that it is inconsistent with the message they have been telling the public about their fiscal problem.  He said they received a letter from Segel today asking the County to eat the cost.  He indicated that it went through Finance and Audit and was reviewed by the Budget Committee and the Board knew it would be included.  He said if that is the true cost of providing the service, then that is what they should be charging.


Vorhes said if they want to leave the appeal fee, (or affirm the ones that were adopted and challenged at LUBA at the amount they are now in the Lane Manual and spread the cost) the most cautious way to avoid spreading the cost further is to let them do the calculation and give the Board a recommendation on how to adjust the rest of the fees.   He hadnít seen the e-mail or attachments.  He didnít know if they could address the e-mail and what to do in a short period of time.


Laird said he could lower the appeal and spread the cost among land use applications quickly.  He added if it is to change the current structure of their appeals process, it will take significant time as it would be amendments to their code that would have to go through the Planning Commission. 


Fleenor thought they should provide a mechanism that is reasonable that allows individuals who are negatively impacted to have a process to appeal.  He thought they should have a lower rate so it discourages a frivolous claim


Dwyer said he doesnít oppose adopting the rest of the fees and having Land Management coming back


Sorenson reiterated they are sending the proposal back to modify Lane Code Chapter 14 to legal counsel. Land Management and the Planning Commission will start the process of consideration to Lane Code.  He said they are not adopting the fee structure today and asking Land Management to come back as soon as possible.  They are asking to go back and modify the fees because of a policy choice that is part of this motion to not put a barrier of $4,000 on someone making an appeal.  He wanted a balanced budget and a fair review.


Stewart said he had a problem with shifting a few fees over everything they do and people paying for something where they wonít get any benefit.  He thought they could hold the fees were they currently are.  He doesnít want to start a layoff process.  He added they have worked so hard to improve Land Management so they get timely service to get things done.


Sorenson recommended using the $325 fee.


Vorhes said they need direction from the board of the appeal fee structure.  He asked if a planning officialís decision is made with a hearing if the appeal was $325.


Sorenson wanted to come back with a proposal they thought implements the spirit of the Board.


Vorhes asked if they start at the fees they currently are set and spread that difference or below that figure and have a larger dollar amount spread among the permits.  He said the current statutory fee for the County is $250.


Sorenson wanted to use that guide as an appeal fee.


Stewart was not in favor of the current motion.  He wanted to approve the fees except for raising the fee for the Hearings Official. He wanted to go through a legitimate process, not just receive a letter today.  He wanted to see what other appeals for decisions are being charged throughout the state at other planning departments and involve the public in the process. 


Green stated direction given to staff is not clear because there has not been any analysis shown by the person who sent the letter that it is cost prohibitive.


Dwyer didnít oppose the other fees because they are time sensitive.  He said the argument is about appealing a decision for people with certain means.  He wanted to leave the fee where it is at.  He wonít support the motion.


Sorenson withdrew his motion.  Fleenor withdrew his second.


MOTION: to approve all fees with the exception of the appeals fee and they direct staff to bring back an analysis of what they would have to do to lower the appeals fees to a reasonable amount.


Dwyer MOVED, Fleenor SECONDED.


Sorenson asked to accept an amendment to include direction that staff  begins the process to present the revised Lane Code Chapter 14 to the Planning Commission so the process of streamlining can begin.


Dwyer accepted the amendment.


Fleenor accepted the second.


Sorenson asked what the appeal fee would be if they accepted the motion.


Dwyer said the appeal fee would be $3,490.


VOTE: 4-1 (Green dissenting).


c. ORDER 08-5-14-11/In the Matter of Amending Chapter 60 of the Lane Manual to Revise and Add Fees for Public Works Department/Land Management Division Ė Building Program (LM 60.855), Effective July 1, 2008.


Laird said this is an amendment to adjust the building and electrical fees to recover the actual cost of providing the service.  He said they found they had a shortfall of $200,000.  He said it was balanced by consuming the fund balance, money for projects and the removal of two positions. He said they are recommending adjusting those fees by increasing the structural permit fee on average of 15 percent, the mechanical fee of 10 percent, plumbing fee 10 percent and electrical fee 20 percent.


Dwyer said it was important for the County to use a fee structure to encourage energy development.  He said he had no trouble with the fee increases.


MOTION: to approve ORDER 08-5-14-11.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.


d. ORDER 08-5-14-12/In the Matter of Amending Chapter 60 of the Lane Manual to Revise and Add Fees for Public Works Department/Land Management Division Ė Subsurface Sanitation Program (LM 60.852), Effective July 1, 2008.

Laird explained that this was the smallest of the proposed increases.  He recalled the fees were last adjusted in 2006.  He said they added an inflationary adjustment of five percent for a site inspection.




VOTE: 4-0. (Sorenson out of room).


e. ORDER 08-5-14-13/In the Matter of Amending Chapter 60 of the Lane Manual to Revise Public Works Department/Land Management Division Technology Assessment Charges and Long-Range Planning Surcharge (LM 60.850), Effective July 1, 2008.


Laird reported the last change was in 2007.  He indicated the surcharge was moved from 7.5 percent to 10 percent; long range planning from 10 percent to 13 percent; $20 addition to the tech fee for back file imaging and $20 tech fee for software upgrade.


Dwyer wanted to sunset the tech fee for back file imaging and the software upgrade.


Laird said they would add the sunset date from July 1, 2008 to June 30, 2012, to be revisited by the board.


MOTION: to approve Option D with the amendment to sunset.


Dwyer MOVED, Fleenor SECONDED.


Laird indicated permits under $100 would pay the original technology fee and not the new fees.


Dwyer amended his motion to include fees under $100 would get the standard ten percent tech fee.


Fleenor accepted the second.


VOTE: 4-0. (Sorenson out of room).




FIRST READING AND SETTING A SECOND READING AND PUBLIC HEARING/Ordinance 4-08/In the Matter of Amending Chapter 4 of Lane Code to Equalize the Lane County Transient Room Tax Countywide by Eliminating the Reduction in Western Lane County and Setting an Effective Date (LC 4.110(2) (Second Reading & Public Hearing: May 28, 2008, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 4-08 for May 28, 2008 at 1:30 p.m.

Sorenson MOVED, Dwyer SECONDED.


Wilson reported that the best guess for room tax based on last yearís amount would be about $120,000.  She noted under state law, when they increase the room tax and eliminate the reduction is an increase, they have the option of taking 30 percent of the increased revenue for the general fund.  She explained that this part of the room tax would go into visitor marketing, which is a 70, 10, 10, 10 split (70 percent for convention and visitor marketing, 10 percent for the historic museum, 10 percent for special projects and 10 percent for rural tourism marketing.)  She noted the 30 percent is around $36,000.  She said she would have to do additional changes to the code than what is presented. 


Fleenor wanted this but wanted the money earmarked toward public safety.


Wilson said they could work on the change for next year.  She said what they can do as part of the budget order this year for 08/09, would be a redirection.  She said she would work with David Garnick, Budget Finance Manager, to do that.  She added she would put into place the clarity in the code that indicates that this portion could go into the general fund.


VOTE: 4-0. (Green out of room).








Fleenor announced his community dialog at the Rodeo Steakhouse in Junction City tomorrow.


Sorenson reminded the primary election is taking place and voters have to get their ballots back by 8:00 p.m. on May 20.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(d) for the purpose for consulting with counsel on litigation and (2)(e) for the purpose of deliberations with property negotiators.






There being no further business, Commissioner Stewart recessed the meeting into Executive

Session at 3:45 p.m.


Melissa Zimmer

Recording Secretary