April 15, 2009

9:00 a.m.

Harris Hall Main Floor

APPROVED 12-15-2010


Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present. County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




Sorenson said they will add a letter of support for the Farmers Market under Emergency Business.  C.1) and C.2) were pulled from the Consent Calendar. 5. H.1) is to be rescheduled for two weeks.  Stewart asked to pull item 5 B.2) and 5.F.2).  Sorenson said they are rolling 7d.




Chris Canfield, Dorena Lake, asked when the Board gets to item 9 a., to decide to hear the appeal they have filed.  He addressed whether or not this is a policy issue of having countywide significance.  He said in the appeal they would like to bring a discussion of a policy and interpretation of the code.  He said it has to do with the significance of productive forest soils when they evaluate forest dwellings or other uses under Lane Code 16.211(8).  He indicated the map expresses their point of view.  He recalled that when he bought the land in 1973; they spent a lot of time doing environmental studies.  He hoped to be able to discuss this in an appeal.


Eric Myers, Eugene, reported on research he had done on the future of the Lane County Fairgrounds.  He said he was endorsed by Sorenson and decided to apply for the Lane County Fair Board position.  He indicated they will be having their first meeting on Thursday, reviewing the Memorandum of Understanding and the By-Laws.  He said he has initiated conversations with the current Lane Events Manager Rick Reno.  He added that Reno had been responsive to his concerns.  He said they discussed the existing waste management system and possible areas of improvement.  He proposed a new exhibit for the Wheeler Pavilion at the 2009 County Fair. He wanted to create a hands-on educational component that has not been part of the urbanized County Fair for some time.  He indicated the activities will be related to sustainability throughout the days of the County Fair.  He identified 25 non-profits who are interested in participating in this particular event.   He presented his designs of a sustainability exhibition to Rick Reno and his employees and he received positive support and feedback.


Dan Armstrong, Eugene, said he and Eric Myers have worked with three other people for the past six months regarding the Fairgrounds, drafting a plan for a zero waste, zero net energy campus including a minimum processing food distribution warehouse, a year round farmersí market and a regional agricultural center.  He said this would act as a regional food hub and an emergency food reserve.  He indicated that they are developing a proposal.  He added the work is not quite complete but he sent the Board a draft through e-mail.  He stated that it is a conceptual idea.  He identified a USDA Farmersí Market Promotion Program grant for $100,000.  He said this grant applies to farmersí market designs and recycling systems and renewable energy.  He spoke with the USDA and confirmed that it could be applied to the work they are currently doing in the study of the Fairgrounds.  He wanted to apply for the grant to contract for architects and engineers and to advance the drawings and come up with a real cost estimate and feasibility study for their idea.  He asked for a letter of support from the Board to apply for the grant.


Dwyer didnít want Armstrong to assume that because the Board lets them apply for something that he would approve it.


Bruce Jarvis, Florence, stated he is a volunteer with the Oregon State Police.  He added that he is a Board member for Siuslaw Stop Crime.  He attended the Boardís February 17 meeting in Florence and attended a Public Safety Meeting conducted by Sheriff Russ Burger and District Attorney Alex Gardner.  He indicated that Fleenor had asked the question in many of the public meetings on what it means to be safe.  In response, Jarvis asked each of the commissioners when citizens could stop living in fear.  He said they need jail beds now and need deputies in rural Lane County.  He added that they need additional staffing for the District Attorneyís office now.  He asked the Board when they will act so the citizens will no longer have to live with fear.


Gary Rose, Florence, indicated that he is the new Florence Airport Manager.  He stated that the Florence Airport is a vital link to the rest of the County and state as it is the only airport of its size west of Eugene. He said they are currently working to make improvements on the airport.  He invited the Board to stop by.  He announced an event on June 14, a fly in and car show, highlighting the new Oregon Coast Heritage Museum. He thought it was a good way to show off the airport.


Thom Lanfear, Eugene, said he represents the applicant Mike Cowan on whether to hear the appeal.  He said last week the Board heard from Goal 1 and the Home Builders that the costs and project delays of the appeals process is a burden to both the applicants and the appellants.  He added that this application had gone through a lengthy review process.  He indicated that it was reviewed by the Planning Director and they reviewed Mr. Canfieldís position and it was approved.  He noted there was an appeal to the Hearing Official and it went through the Hearing Official process with allowance for additional information to be submitted by both sides.  He indicated the application was again approved.  He stated that the appellant is asking to review it now for a third time with the likelihood that it will go to LUBA.  He commented that this could be distinguished from the type of appeal that the Board needs to get involved in.  He noted this afternoon there is an appeal on the record for an RV and boat storage facility.  He said it raises substantial policy issues about Goal 14 limits on rural development.  He indicated that the Hearing Official had trouble in several decisions addressing the issues and criteria of the Lane Code and identified some gaps and a need for policy guidance.  He added in that case, staff also recommended the Board hear the appeal.  He said in this instance, staff did not recommend the Boar hear the appeal, as the Hearing Official did not have a problem applying Lane Code criteria.  He indicated that it is a site specific type of decision.  He added that it is fact driven.  He said the criteria works and it doesnít rise to the level of needing Board involvement.




Fleenor commented that the County is faced with a declining economy and they have challenges at the federal, state and county level.  He said by Oregon Law they are required to maintain a balanced budget at all times within Lane County.  He said as they move forward through the budget process, they will do everything they can to ensure they comply with the law and through a series of deliberations they will end up with a balanced budget.  He commented that things are changing.  He said they need to work together in a cooperative manner to resolve some of the complex issues balancing public safety against the needs of the community outside of public safety.  He said they will have to look at the essential purposes of government.  He stated that public safety is the number one priority.  He said the question is how do they elevate it to that level and sustain it for as long as possible.


Handy thanked Fleenor for paying money out of his own pocket for his office in Florence and allowing the citizens in West Lane County to be able to provide comment. He asked Richardson if they have to publicly notice a commissioner meeting if the five of them flew out in Fleenorís plane to look at the Florence aiport.


Spartz advised against the majority of the board flying in a single light aircraft.


Handy was interested in the Fairgrounds. 


With regards to the Fairgrounds proposal, Stewart thought it was great the group was  doing it on their own.  He added as they were applying for a grant, he recommended broadening the request out to not focus on one site, but to pull in a couple other sites.


Sorenson liked the ideas of script to spend money in Lane County.  He wanted the people regarding the Fairgrounds to write the Board a letter so they are applying and supporting application for the grant.




Letter for Farmers Market


MOTION: to send the letter in support for a grant for the Farmers Market.


Dwyer MOVED, Stewart SECONDED.


VOTE: 5-0.




A. Approval of Minutes:

January 28, 2009, Regular Meeting, Following HACSA

January 28, 2009, Regular Meeting, 1:30 p.m.

February 17, 2009, Work Session, 1:00 p.m.

February 17, 2009, Community Outreach, 3:30 p.m.

March 17, 2009, Work Session, 2:30 p.m.

March 18, 2009, Regular Meeting, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 09-4-15-1/In the Matter of Approving the Intergovernmental Agreement Contract Amendment #2, Between the Department of Consumer and Business Services (DCBS), Building Codes Division and Lane County to Accept Applications and Fees for Ownership Document Transactions and Trip Permits.


2) ORDER 09-4-15-2/In the Matter of Approving Submission of the County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2009-10.


C. Human Resources


1) ORDER 09-4-15-3/In the Matter of Approving the Tentative Agreement Between Lane County and Administrative-Professional Association of Lane County Public Works, Inc. (Greta Utecht, Human Resources Director; and Roland Hoskins, Employee Relations Program Supervisor)


2) ORDER 09-4-15-4/In the Matter of Approving the Tentative Agreement    Between Lane County and Lane County Public Works Association Local 626.


D. Health and Human Services


1) ORDER 09-3-31-5/In the Matter of Adopting Lane Manual Chapter 9 Rules for Procedures for Lane County Board of Health.


E. Management Services


1) ORDER 09-4-15-5/In the Matter of authorizing the Sale of Surplus County Owned Real Property for $3,000 to Monte Goldbeck (Map No. 20-35-35-00-00200, East of 78166 High Prairie Rd., Oakridge).


2) ORDER 09-4-15-6/In the Matter of Authorizing the County Administrator to Execute a Twelve Month Extension of a Land Sale Contract with Theresia Tangkilisan for County Owned Real Property Identified as Map No. 19-12-02-31-04600.


F. Public Safety


1) ORDER 09-4-15-7/In the Matter of Approving Submittal of Grant Applications to U.S. Department of Justice/Cops Hiring Recovery Program (CHRP) and U.S. Department of Justice/Edward Byrne Memorial Competitive Grants and Delegating Authority to the County Administrator to Sign Grant Application Documents.


2) ORDER 09-4-15-8/In the Matter of Proclaiming Tuesday, April 28, 2009 as Earthquake Preparedness Day for Lane County to Coincide with Governor Kulongoski and Oregon Emergency Managementís Statewide Earthquake and Tsunami Preparedness and Mitigation Campaign Taking Place during the Month of April.


G. Youth Services


1) ORDER 09-4-15-9/In the Matter of Ratifying the Submission of Grant Application for Workforce Investment Act Funds for Youth Services in the Amount of $253,650 in Workforce Investment Act Funding.


H. Public Works


1) ORDER 09-3-31-4/In the Matter of Amending Chapter 4 of Lane Manual to Establish a Firewise Incentives Program (LM 4.300).


MOTION: to approve the balance of the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


5. B. 2)


Stewart pulled this item because the CAFFA grant will be reduced by $188,000 and as they are aware, they have had an agreement with the Department of Revenue to increase their employment in that area.  He asked if this reduction had to be backfilled by the budget and if they have any flexibility in the agreement they have with the Department of Revenue.


Anette Spickard, Assessor, responded that the state laws regarding the timing of when these applications need to be submitted from counties to the Department of Revenue do not coincide with County Budget Committee processes.  She said they put the item on todayís agenda so she could answer questions and then still meet the May 1 submission deadline.  She said the projected expenditures for the entire A & T system for next year is $7.2 million.  She explained that the way the CAFFA grant works is it is a grant administered by the Department of Revenue, but the money comes from a portion of the recording fees paid when people record documents at Deeds and Records.  She added there is a portion of delinquent property tax payments that goes into the fund and there  is a state general fund contribution. 


MOTION:  to approve ORDER 09-4-15-2.


Stewart MOVED, Dwyer SECONDED.


VOTE: 5-0.


5 C.1) and 5 C. 2)


Dwyer thanked Labor Union 626.   He said they have allowed them to utilize other personnel for some roadwork.


MOTION: to approve ORDER 09-4-15-3 and ORDER 09-4-15-4.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


5. F.2)


Stewart thanked staff for their efforts on working on these.


MOTION: to approve ORDER 09-4-15-8


Stewart MOVED, Fleenor SECONDED.


VOTE: 5-0.


5. H. 1)


Fleenor recalled they have been working to provide language that will give the rural citizens comfort that when the County is trying to market this program and they go on private property, that they are not be there to be intrusive or to report compliance issuances.  He said they have a citizen reviewing them and providing good suggestions.  As a result he said they made changes in the agenda item.  He thought they needed another week or so to fine tune this and acknowledge the sensitivity of their employees going onto private property in an attempt to provide information to the public.  He doesnít want to create a situation where they have diminishing trust by the public as they are promoting this program.  He indicated that the language at this point does not provide the level of sensitivity that he would feel comfortable allowing their employees to go door to door within the rural environment.  He wanted a work session with legal staff and the citizens to see if they could fine tune the document.


Richardson reported that this has to get done as soon as possible.  She indicated that they are now missing out on the building process.  She added that if they wait at least two weeks to do the public discussion, then there is another week for staff to implement changes and she thought it was too late for this year.  She added that this is money that goes back to the feds if Lane County doesnít spend it.  She told her staff to quit making any changes Ms. Land has suggested because Ms. Land wants Lane County employees to be treated as trespassers when they go onto private land.  Richardson said she will not recommend employees go on private land when they can be shot at.  She wanted direction from the entire Board.


Sorenson stated that he supports this program and he thought they should establish it. He was concerned about the sensitive issues of government employees going on private property.  He didnít think it was fair they would be considered trespassers.  He agreed they should have people going out but he didnít know how to resolve this.


Handy commented that this is an excellent program and they want to get it  out to the community.  He asked for options.  He said his issues were about waiving permits. He didnít want them waived at all.


Stewart thought at the last meeting they came to a compromise and understanding about the issues about waivers and they were going to make it 20/80 percent for reomodel or existing facilities.  He said for the past two years the Department of Forestry had gone through his district to assess all the properties.  He indicated they had gone on all the properties in Eastern Lane County over the past two years and he had heard from only one citizen that was concerned about the effort.  He said once the public was explained about the effort, they were fine.  He stated he was concerned that they have taken so long addressing one citizenís concern.  He hadnít heard from the public or any other citizens in his district.  He is prepared to move this forward.  He said if there is a problem, he recommended that staff to get to them right away.   He added that if they get telephone calls, they could request another direction.  He wanted to make sure they donít lose the money.


Dwyer was concerned about people already living in the area.  He wants this to effect the people that need the help.  He wanted the waiver to apply to the dwellings that canít afford it.  He doesnít want the money to disappear.


Fleenor said he would be supportive if they eliminated the door-to-door aspect and use this year as a pilot project to determine whether or not they have successful opportunities.


MOTION: to approve ORDER 09-3-31-4  with the modification of dropping the door-to-door and have the waivers apply to only existing dwellings and have Keir Miller, Land Management, report back in six months.


Fleenor MOVED, Dwyer SECONDED.


Stewart indicated that he would support this.  He stated that they have done canvassing in the past.  He said the Board supported the canvassing of going door-to-door for dog licensing.  He didnít remember an outcry of people concerned.


VOTE: 5-0.


(The following discussion took place in the afternoon,.)


Kardell indicated he made changes and the final version is attached to the Board order. (Copy in file).


MOTION: to approve ORDER 09-3-31-4.


Stewart MOVED, Fleenor SECONDED.


Miller indicated they will be coming back to the Board in October to discuss the participation in the program.


VOTE: 5-0.




a. REPORT/Legislative Committee.


Alex Cuyler, Intergovernmental Relations Manager, discussed Attachment A.  (Copy in file).


ORDER 09-4-15-13 Adopting Positions on Legislative Issues During the 75th Legislative Session.


Fleenor MOVED, Dwyer SECONDED.


VOTE 5-0.


MOTION:  for Item 19, to change to support with amendment, eliminating the pre-emption of local government.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 4-1(Stewart dissenting).


b. REPORT/United Front Update on Transportation.


Cuyler recalled in January he came to the Board with a list of projects for the Boardís approval for what they would take to D.C. for the appropriations trip.  He indicated that the list gets evaluated by the federal lobbyists to recommend projects where there is money and being viable.  He said given the position of Rep. Peter DeFazio on a subcommittee  of house transportation, they are in a good situation and they brought forward projects that would exist into the list for reauthorization.  He said there has been more focus on what the reauthorization effort would look like.  He recalled the list they came up with was $400 million worth of projects and it was suggested to cut the list in half.


Celia Barry, Public Works, recalled to date Lane County has put in Highway 126 West project and the Territorial Highway project.  She indicated that they had to pare down the list to bring it more in line with historical receipts for the surface transportation bill for $100 million.  She said they put in $10 million.  She noted Highway 126  West is $4.5  million for a study.  She said they have been working with the lobbyist and they are asking for as many letters as possible on the projects on the list  She wanted direction of letters of support for the Lane County projects.


Spartz explained that after they prioritize the projects it will be forward to the congressional delegation.  He noted for the local projects there will be a ten percent match required.  He asked for a ranking of the project.


(The below discussion took place this afternoon).


Sorenson indicated they were discussing the various projects.  He agreed with Stewart that they should prioritize Veneta Highway 126 over Territorial Highway.


Barry also wanted letters of support for any of the projects.


Dwyer supported any project that didnít require a match.


Sorenson stated the Board was in favor of all projects that didnít require a match and they will be providing additional comments.


Barry explained the match issue is complicated.  She thought for Lane Countyís projects that they may be required to have a match.   She noted it was a six year authorization.  She commented that it is somewhat of a risk.  She indicated that for Territorial, ODOT has an incentive to give the road to Lane County and they may be willing to put up some of the match.  She added they are working on an SDC charge and will have more information on May 5.  She thought Veneta might be able to contribute for Highway 126. 


Sorenson said they would put Territorial as their number one project.  He added for number two they will accept federal funds as long as there is no match required of the County.


Barry stated there will be a match likely required for those projects.  She said they could write into the letter that Lane County cannot supply the match.


Sorenson said they are for the two identified projects. He said they are prioritizing Highway 126 over Territorial.  He said they are in favor of all of the other projects as long as they donít involve County match and they recognize the decisions of the Board of Commissioners and MPO are to be respected in this process.  He added that they had 16 days to reserve this and they reserve the right to provide additional information.  He said the Board will trust Barry to write the letter based on what she heard.  He will sign the letter.


c. DISCUSSION/Letter to Lane County Delegation on Importance of Public Safety and Health and Human Services to Lane County.


Sorenson recalled it was recommended to send a letter to the Legislative Delegation around Public Safety and the Health and Human Service budgets.  He indicated that the Board needs to be on record the budget cuts will cost jobs and services.




a. ORDER 09-4-15-10/In the Matter of Jointly Proclaiming the Month of April Sexual Assault Awareness Month and Child Abuse Prevention Month with the City of Eugene.


Commissioner Sorenson read the letter into the record.


MOTION: to approve ORDER 09-4-15-10.


Fleenor MOVED, Handy SECONDED.


VOTE: 5-0.


b. PRESENTATION/West Eugene Collaborative Report.  (PULLED)


There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.


Melissa Zimmer

Recording Secretary