October 1, 2008

9:00 a.m.

Commissionersí Conference Room

APPROVED 10/22/2008


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




Stewart noted the first item of Executive Session has been pulled.  Item 10 a) is a discussion item.




Sylvia Calderwood, Eugene, relayed that the Kennel Clubs of Eugene and Springfield thanked the Board.  She reported that from September 4 to September 7 their clubs held dog shows at the fairgrounds.  She stated the Kennel Clubs paid over $50,000 to the fairgrounds.  She added they had a professional survey analyst from their club prepare the figures.  She noted the average person at the shows spent $469.  She indicated that with 1500 dog show entries, the total amount spent was over $700,000 in Eugene and Springfield that weekend.  She added that there was one exhibitor that bought a $90,000 motor home.  She read to the Board what they asked the Exhibitors to sign.


Jim Gillette, Eugene, thanked Stewart for meeting with him.  He didnít think the Board would change anything, but he said he would keep trying.  He received a letter from Milo Mecham and he said it was full of untruthful things.  He said the letter stated he was out of compliance and he said he has been in compliance.  He said George Wingard had the wrong dates.


Stewart thought Gillette misunderstood what he was told. Stewart said they have meeting minutes with the date the people were supposed to be removed from the property and Gillette came in to say they were still living on the property.


Gillette said if the Board can prove it, he will drop his case and pay the fine.


Stewart understood that Gillette was in the middle of appealing the decision to Court.  He said it needed to be brought before the Judge.


Russ Noah, Florence, discussed lot 5300 on Second Avenue and Ocean Avenue.  He requested the Board review and consider the access issue.  He wanted it confirmed formally by Lane County in a process to establish it.  He said there were barriers in place even though they were not physical.  He said there are a number of homes trying to be sold on the property and through disclosures sales have been lost because of the issue.  He said they need Lane County to take a stand that there is public access.  He indicated planning permits have been through the planning department and building permits have been applied and approved through the building department of Lane County.  He commented that Lane County had promoted the development of Second Avenue through the issuance of planning approvals and building permits.  He said the benefit of Lane County taking a stand in this would be the damages to the property owners in losing sales or buying and selling property.  He said Lane County reduces its liability in the process of being active in the development of Second Avenue and public access to the beach could be confirmed and maintained.  He commented that this is one of the few access spots for Lane County residents and it used on a daily basis.  He thought low cost solutions would be lot line adjustments or swapping property portions that benefit the private property of 5300 and Lane County. He noted the last idea is through Lane Countyís ability through adverse possession.  He indicated the road had been utilized for the past 50 years as a public access road.


Dwyer commented that when people have a prescribed right for than 10 years, he is in favoring of continuing.  He said the right canít be taken away.


David Collier, Cottage Grove, said he has been trying to buy County property.  He said he had been in touch with Jeff Turk, Management Services, for a year about a piece of property.  He thought things were ironed out but transportation still has a concern about public access across the property.  He said if he was willing to dedicate a permanent public access easement, they would be willing to go along with it.  He indicated that he has a permanent public access easement already across the road that belongs to the BLM for perpetual public access.  He noted there already is public access across the strip of land.  He said Turk thought one of his motives was to gate the property and that was not his motive.  His interest was financial.   He was against putting in a second public access easement over the top of the first one.  He said it would lessen the value of the property, as it is another easement that will show up on the title report when he sells it.





A. Approval of Minutes

September 17, 1008, JEO Meeting, 6:00 p.m.


B. County Administration


1) ORDER 08-10-1-1/In the Matter of Approving the Transfer of $1,000 From the General Fund Operational Contingency to Materials and Services to Support the Rosa Parks Sculpture Fund.


C. Children and Families


1) ORDER 08-10-1-2/In the Matter of Approving Membership Recommendations (LM 3.521).


D. Health and Human Services


1) ORDER 08-10-1-3/In the Matter of Adding One Full-time (1.0 FTE) Public Health Educator, One Half-Time Temporary (.5 FTE) Community Service Worker and One Half-Time Temporary (.5 FTE) Office Assistant 2 and Appropriating an Additional $194,046 in Revenues and Expenditures for FY 2008-2009 in Fund 286 Department of Health and Human Services.


2) ORDER 08-10-1-4/In the Matter of Appointing Nine Members to the Human Services Commission Community Action Advisory Committee.


E. Management Services


1) ORDER 08-10-1-5/In the Matter of Acceptance of Bid LCB 2008-09, and Award of a Construction Contract to Umpqua Roofing Co., Inc., for the Phased Re-Roofing of Buildings at the Lane County Jail/Lane County Adult Corrections, in the Amount of $304,045.


2) ORDER 08-10-1-6/In the Matter of Appointing Two Pools of Board Members Who May be Selected by the County Clerk to Sit on the Board of Property Tax Appeals.


F. Public Works


1) ORDER 08-10-1-7/In the Matter of Reappointing Six Members to the Resource Recovery Advisory Committee.


2) ORDER 08-10-1-8/In the Matter of Approving an Option Agreement with Pacific Continental Bank Regarding the Lease of a Portion of County-Owned Surplus Road Fund Property Located on River Avenue, Eugene, and Identified as Tax Lot 501 on Lane County Assessorís Map 17-04-13-22.


G. Public Safety


1) ORDER 08-10-1-9/In the Matter of Delegating Authority to the County Administrator to Execute Wireless Communications Site Sharing Agreement Between the State of Oregon and Lane County.


Fleenor requested that item 3 E. 2) be pulled.


MOTION: to approve the balance of the Consent Calendar.


Dwyer MOVED, Sorenson SECONDED.


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


3 E. 2)


Fleenor requested this item be pulled because he was just given the information late last week.  He asked if the Board would entertain the possibility of a substitution appointment instead of the recommended one by Marle Hoehne, Deeds and Records.


Green asked why he was replacing the person with George Goldstein.


Fleenor said he was not part of the process in making the selection. 


Sorenson stated that no commissioner was part of the process.


Fleenor was taken by surprise and thought the Board had the responsibility of making the appointments.  He commented that these were just staff requests and the Board ultimately makes the decision.  He wanted to participate in the decision making to make the determination on his own


Stewart didnít support what Fleenor stated.  Stewart said that Goldstein had presented concerns several times before the Board on property tax valuations.  Stewart asked if there was a conflict to appoint Goldstein to the Board.


Richardson said there is a potential conflict but it could be an actual conflict.  She said they have had people with potential conflicts before and it was difficult for staff to have a full board present because of the conflict. 


Stewart asked if there would be an issue if they appoint Goldstein to the Board.


Fleenor stated that Goldstein might have an actual conflict.  He didnít guaranty there wonít be one in the future.


MOTION: to substitute George Goldstein for Don Thomas as appointment.


Fleenor MOVED, Dwyer SECONDED.


Fleenor explained the rationale for putting Goldstein in was to add an additional perspective.  He thought it was time to appoint a new citizen.


Stewart asked if they could just add another person to the list.


Green asked if Fleenor spoke with Thomas about his intent to replace Thomas.


Fleenor said he hadnít had the opportunity.


Green thought it would have been in Fleenorís best interest to have notified Thomas instead of bringing it out in a public session.


Annette Newingham, Elections, explained that they only use six members in a limited capacity.  She said they try to bring alternates into some of the hearings to gain experience.  She commented that there is no harm in bringing another member in.  She added that it is in everyoneís best interest because they never know when illness or attrition happens.  She said they have two pools and they pick which members will be used. 


Hoehneís preference is to have an additional person.  He anticipated over the next couple of years there will be some attrition and the more people trained the better off they are.


Fleenor withdrew his motion, Dwyer withdrew his second.


MOTION: to approve ORDER 08-10-1-6 with the addition of George Goldstein.


Fleenor MOVED, Dwyer SECONDED.


Sorenson recommended that in the future that this item gets sent to the Agenda Team in early August.


Fleenor said that this in no way was to reflect poorly on Thomas, he has outstanding credentials.


VOTE: 5-0.









Green thanked Ron Bellamy from The Register Guard  on his article on Milt Davis.  Green said that Davis was from Elmira and he had just passed away.  Green said Davis was a long time football starter.  Green said he met Davis when Green was a city councilor and Davis was a mentor to Green and other people in the community.  He was saddened by the loss.  He passed on his condolences to the family


Stewart attended a recognition for Congressman Jim Weaver on Monday.  He said it was great to honor his service.  He indicated that they named the 22 mile loop for Weaver.  He noted for the federal government deal with the government buy out, it would take for all of the citizens of the United States over the age of 18, about $425,000 per person to resolve the problem


Sorenson said on Monday September 29 he attended the ceremony for the Jim Weaver dedication of Waldo Lake.


Dwyer said on the bailout they have to stop the hemorrhaging in the banking system.  He said businesses canít get money and people canít borrow money.  He thought most of the money needs to be directed to the people and they need to be careful about the golden parachutes the CEO's are taking.  He said if they run the company into the ground they shouldnít be rewarded for making bad loans and mismanagement.


Fleenor commented that the trail weaves so it was appropriate to be named after Congressman Weaver.  He said they canít solve a problem if they donít understand what created it.




a. ORDER 08-10-1-10/In the Matter of Approving Changes to the K-12 Waste Reduction and Recycling Grant.


Sarah Grimm, Public Works, said they were asking to slightly change the criteria of the grant. She indicated the City of Eugene and Lane County went together on this grant for many years.  She said their goal is to get more participating schools in the Oregon Green Schools program.  She explained that it is a statewide program that encourages and supports schools in becoming more sustainable through waste prevention methodology.  She recalled that over the years many grant recipients have not pursued becoming Oregon Green Schools even though it was part of the grant agreement.  She indicated that they found a way to streamline and make it easier for staff time and for the school to become a Green School by changing it to an incentive grant.  She said when going through the process, they will receive a $500 grant and they will use it towards waste reduction efforts described in their grant application..  She indicated the goal is to get more schools to participate in the program.


MOTION: to approve ORDER 08-10-1-10.


Dwyer MOVED, Fleenor SECONDED.


Green noted that Meadow View was listed twice.


VOTE: 5-0.





a. ORAL REPORT/Earthquake Hazard in Lane County.


Linda Cook, Sheriffís Office, noted that in July, the Department of Geology and Mineral Industries released an earthquake hazard report on six counties in Oregon and Lane County was one of the counties.  She gave an overview of the report.

She explained that liquefaction was the great hazard and causes most damage.  She discussed what would happen if an earthquake hit in Lane County.


Green asked when they would declare Lane County a disaster area in an earthquake.


Cook responded that when federal and state government look at when Lane County has overwhelmed local resources, then a disaster area is called. She commented that Lane County would be quickly overwhelmed and they could quickly be able to declare a local disaster.


Cook noted that Lane County has nine dams owned and maintained by the Corps of Engineers.  She indicated that the dams re-evaluated and considered safe are Cougar, Blue River and Hills Creek.  She said the ones needed to be re-evaluated are Dexter, Fall Creek, Cottage Grove and Dorena.  She said there is vulnerability with Fern Ridge because of liquefaction.  She noted that because Lane County is close to the coast, that Fern Ridge is the biggest risk for the area.  She thought they should do outreach to the Cheshire area that is downstream from the Fern Ridge area.  She noted there are 34 dams in Lane County and 22 privately are owned dams.  She thought that was something that could be looked at ahead of time. She thought to help reduce the risk, they could provide local input for estimates.  She added that they could adopt a steep hillside protection ordinance similar to the City of Salem.  She said it could be in place to regulate zoning, rezoning and development on hillsides, reducing the threat of earthquake induced landslides.  She added that they could do more evaluation planning as they do not have that planning in place.  She thought they could dedicate resources. She said they need to do continuity of government planning in case water or power is out.  She said there needs to be public education in outlying areas.


Sorenson thought they should pursue the steep hillside and flooding protection ordinance. He added that they have to be mindful for the source of money for this.


Cook wanted to tap into some of the resources that Public Works has in their mapping division.  She thought this project could be put on a work plan for Land Management.


Green thought Cook needed to do everything mentioned in her report.  He commented that public education and outreach canít do enough and he strongly supports it.  With regard to funding, he said he was supportive wherever they could leverage their own resources to make this happen. He thought Public Works was the proper area for the funding.


Fleenor said his goal is to bring in citizen involvement.  He said there are retirees who have experience.  He thought part of the outreach would be to bring in people who are stakeholders.  He thought a task force should be put together to ask the community help them draft the evacuation plans.  He didnít think there needed to be staff all the time.


Stewart commented that all items are important. He agreed that they should get residents or volunteers in areas they think are high risk to put together a plan.  He was also supportive of looking at an ordinance about building in the floodplain or floodways.





a. ORDER 08-10-1-11/In the Matter of Recognizing Darin D. Norman in Sheriff Fiscal Services a S.A.V.E. Award of 12 Hours of Time Management.


Chris McCoy, S.A.V.E. Committee, explained this proposal dealt with replacing the 1-800 number that allows people from the correction facility to look for jobs.  She said using the 1-800 number was costing between $1,200 and $1,800 per month.  He suggested getting ten limited restrictive cells phones at a cost of $36 per month.


MOTION:  to approve ORDER 08-10-1-11.




VOTE: 5-0.


b. RESOLUTION 08-10-1-12/In the Matter of Support of Oregon Ballot Measure 56 and Opposition to Oregon Ballot Measures 58, 59, 60, 61 and 63.


Fleenor read the resolution into the record.


MOTION: to approve RESOLUTION 08-10-1-12.


Fleenor MOVED, Dwyer SECONDED.


VOTE; 5-0.


c. REPORT/Lomakatsi Restoration Project.  (PULLED)




a. Announcements


Spartz reported the Senate is in the process of deliberating their version of the bailout bill to unlock the financial markets. He said Alex Cuyler, Intergovernmental Relations Manager, said the Senate has amended in the content of what has been House Resolution 6049, the tax extenders bill, including Secure Rural School payments.




a. DISCUSSION/In the Matter of Whether to Accept a $25,000 Offer from David and Linda Collier for County Owned Property Commonly Known as Blue Mountain School Road or to Retain Said Property for Dedication as a Local Access Road (Assessor's Map No. 21-02-30-00-00700).


Jeff  Turk, Management Services, indicated that the County owns Blue Mountain School Road.  He said part of Blue Mountain School Road to the north of Tax Lot 700, (which the County owns,) is dedicated right of way, as opposed to local access road.  He added that Tax Lot 700 was acquired through tax foreclosure in 1971.  He said in 1961 the BLM acquired an easement from the owners of the property to access their lands.  He added that the BLM also acquired easement over private property.  He said it gives the BLM the right to control, regulate and provide access to the citizens of the United States.  He noted the County has owned the road since 1972 and there are issues whether it should be made a public road.  He said its status has remained as County owned property through tax foreclosures.


Turk indicated he spoke with Collier a year ago.  He said Collier owns Tax Lot 701 and 702 and he was interested in purchasing the property.  He said it is not a dedicated public road, it is County owned property.  Collier said there was value in the road because it is a legal lot of record.  He said it might give Collier the ability to proceed with a lot line adjustment to create enough area for an additional building site.  He had negotiations with Collier and agreed on the price and they agreed to secure access easements for all of the adjoining property owners.  He said it wasnít an issue for Collier.  He said in August things were becoming finalized and Collier submitted an official offer for the property along with the deposit and the agreed upon price of $25,000.  He sent an e-mail to transportation planning.  He said at that point in time transportation planning decided it might be in the publicís best interest to retain this and dedicate it as a public road with access to BLM land.


Dwyer asked if Collier was okay with Option 3.  He said Collierís idea was to expand his parcel so he could have two parcels and Option 3 doesnít achieve that.


Turk thought it did.  He spoke with Steve Vorhes, Assistant County Counsel, because he had the same question.  He said if they reserve the easement, it doesnít necessarily make it a public road because there is not an official dedication by the Board.  He said if the BLM cuts off access to its land,  then the road goes nowhere because it ends in private ownership.  He said if the BLM gated the property, the public wouldnít be able to get past Weyerhaeuser. 


Dwyer said later they would be asked to vacate the public easement and then the property owner would get the public easement free. He asked how they preserve the right for the value of the easement they vacate.


Richardson said the question could come up at the time they are asked to vacate the easement.  She said if they still have citizens using the road, the question is if they want to vacate it.  She thought the Board would want to keep it available for the public.


Dwyer wanted to put in the agreement that the Board would consider the easement to be public access and if the easement is vacated, there is a value to the easement.


Turk said if it is a dedicated public road, then there are statutes that deal with the vacation of a dedicated public road. 


Dwyer wanted the contract to say the value of the easement is not part of the consideration.


Richardson indicated that they could put language in that says the value of the easement could be determined at some later point, if they were ever asked to give up the easement.


Fleenor asked if they could have an easement that would only be effective if the BLM were to vacate this easement.


Dwyer was concerned about the public and wanted them to know about it.


MOTION: to adopt Option 3, with the caveat given counselís direction to address the concerns that were expressed about the future vacation of the easement.




VOTE: 5-0.


Turk indicated he would present the counter offer.




Fleenor announced he was hosting a community dialogue with Mike Clark.


Sorenson announced that he is having an opportunity for the public to tell him what is on their minds on October 29 at the Hillyard Center.  He said he was working on a questionnaire.


Stewart said he would be at the Creswell Community Center tomorrow listening to the community and their needs to answer questions.  He reported that he had a meeting in Lorane and 18 people had attended and it was a big success.


12. 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 the meeting into Executive Session at 11:30 a.m.



Melissa Zimmer

Recording Secretary