April 1, 2009

following Board of Health

Harris Hall Main Floor

APPROVED 5/6/2009


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 noted the Resolution to Urge Enactment of a Comprehensive Health Care Reform will be added to the Consent Calendar.  He said they will take off the Special Tourism Grants from the Consent Calendar.  Handy wanted to discuss the minutes.  Sorenson said they would pull the minutes and roll it one week and put it back on the Consent Calendar.  He indicated that they rolled the matter of Golden Gardens.




a. ORDER 09-4-1-1/In the Matter of Adopting the FY 2008-2009 Supplemental Budget 3, Making, Reducing and Transferring Appropriations.


Christine Moody, Senior Budget Analyst, explained that they have supplemental budgets to change appropriations.  She said with anything unanticipated at the time they adopt the budget, they have the option to come back before the Board and make those changes.  She added that any time they move money from reserves they have to come before the Board or anytime they move money across funds.  She added that many departments are located in more than one fund. 


Moody indicated that they added the Title III project funding.  She recalled that the  Board recently moved funds from the general fund reserve to the Sheriff’s Office, HHS and Youth Services.  She said they are also putting the Secure Rural Schools money in the general fund. She said except for the school fund, the general fund and road put the money into reserves.  She noted there are six funds that have more then a ten percent change and it requires a Public Hearing.  She added that there was a change in the motor equipment pool fund and the PC replacement fund.  She stated that it represents a balanced budget.  She added that there is an attachment for contracts. 


Fleenor stated that public safety received about $1.2 million of additional revenue.   He said they are trying their best to improve the public safety system.


Handy asked if they could have alternatives for how they lay out the information.  He thought the public would have a hard time tracking the way it is presented.  He thought they could have an additional format to track where the money is going.  He recommended the various items in funds be numbered.  He asked what the cost associated was with this hearing.


Moody said the cost is having the meeting.  She said they advertise the meeting and the cost is a few hundred dollars.  She said they don’t have any other costs.  She said they could work on the information they get from the departments.  She said that Budget Law requires that they appropriate by department by fund.


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


MOTION: to approve ORDER 09-4-1-1.


Dwyer MOVED, Stewart SECONDED.


Handy wanted information on what is a housekeeping item, what is reorganization and what is a reasonable reorganization and questionable reorganization.  He asked what the policy making decisions were.  He asked about the increase in materials and services for the vehicle purchase on page 1.  He asked if it had an impact on the general fund.


Moody responded that Title III funds are for search and rescue and it was previously awarded by the Board.  She indicated that it was a salary for a Deputy Sheriff.


Handy said he will be suggesting changes in the upcoming budget process.  He thought they should spend time at the Budget Committee asking questions about where the money is.


Moody noted there were some FTE errors and she corrected them.  She added there was one dollar amount in Fund 552 that was different than the original board order.  She said it should be a -$153,621.


VOTE: 5-0.





George Goldstein, Swiss Home, stated the State Department of Forestry was making questionable claims for fire insurance against residential properties.  He said the County has a committee called Forest Urban Interface Classification Committee that has the right to make these decisions.  He wanted the Board to take action.  He thought what they were doing was questionable.  With regard to the committee, he found a communication with Sorenson’s name on it, stating there are three openings.  He said there was no indication for posting of these openings being made in West Lane County.  He wanted people from West Lane to have a chance to apply for a position on this committee.  He wanted the committee to be used to straighten out the problem.


Ralph Saulsgiver,  Florence, was in agreement with the resolution with the Port of Siuslaw.


Jim Wilcox, Director of Bike Lane Coalition, Eugene, requested improved bike parking facilities for the increasing number of County residents that bike to County buildings to conduct personal business.  He asked the Board to look into secure and adequate parking for bicycles due to bike theft.  He recommended a bike parking spot near the entrance of Harris Hall, as it is the safest and driest place to secure bikes.


Scott Jameson, Eugene, said that after moving here his bike was stolen.  He said he was dependent on his bike.  He was impressed with the community of Eugene because it is bike friendly.  He wanted bike parking.


Paul Englemeyer, Yachats, spoke on the Marine Reserve Resolution.  He said it needed to be looked at on a larger scale.  He said they don’t know how they are doing.  He said when they talk about a conservation strategy, they need to look at lessons learned from the past.  He said this is an intergenerational conservation strategy for multiple species if they do it correctly.  He said they protect the habitat and the species associated with it. He thought they had a great opportunity for funding with the Joint Ocean Commission Initiative with public and private partnerships.  He said they also have an opportunity to deal with education.


Frank Turner, Eugene, said they need a single payer health care model and the Board’s resolution does it.  He recalled the last paragraph of the resolution specifies that the Board will take steps to publicize the resolution and to the congressional representatives.  He said it was important to do that.  He added the discussion needs to take place in Washington.  He offered his own services as a facilitator.


Gus Gates, Florence, said he is an Oregon Policy Coordinator with the Surfrider Foundation.  He indicated that the Surfrider Foundation has been active in the efforts to establish a system of marine reserves and marine protected areas through their special places initiative.  He encouraged the Board to pass the resolution for marine reserves.  He recalled that last November the council made a recommendation to the governor and state agencies to move forward with six areas for further evaluation and eventual implementation as marine reserves.  He said Heceta Head and the Cape Perpetua stretch of western Lane County was recommended to move forward with further evaluation of baseline biological research, socio economic analysis and ongoing community collaboration.  He indicted that it is an ongoing effort lead by the Department of Fish and Wildlife and comprehensive planning efforts.  He said there are a number of reasons why the Heceta Head area makes good sense as a potential marine reserve.  He added that from a biological perspective, there is a fair amount of habitat diversity found in the area that results in a significant amount of species diversity. He reported that this area has been the subject of various long term research efforts including the Cape Perpetua Reef Complex and research at Sea Lion Caves.  He asked the Board to move forward with the resolution.


Susan Allen, Portland, said as a director of the coalition, they support the resolution.  They thought it was an important step in the state discussion.  She said it is important to recognize that Governor Kulongoski’s Ocean Policy Advisory Council reviewed the 20 site nominations for marine reserves and protected areas submitted by the public. She noted there were nine distinct ecological areas clustered and Cape Perpetua was one of them.  She said the Board’s resolution is consistent with the guidelines.  She thanked the Board for supporting this and urged them to move forward with the resolution.


Christine Lewis, Milwaukee, Oregon stated that she represents the coalition to support marine reserves.  She supported the resolution.


Andy Maggi, Portland, represented the Lane County Steering Committee of the Oregon League of Conservation Voters.  He said their committee feels strongly about the preservation of their coastal legacy.  He commented that marine reserves and protected areas or a proven method used all over the world.  He noted that collaborative work has already taken place and will continue.  He said their organization supports marine reserves and protected areas.





Fleenor thought they could bring in the Lane County Forestland Urban Interface Classification Committee for a briefing and a discussion on how many vacancies there are and how they can fill them.


With regard to River Avenue and River Road, Handy reported that there are traffic and pedestrian safety issues to be addressed.  He wanted to pass the advisory letter to the city of Eugene to look at the recommendations. 


Sorenson noted the article in Parade Magazine, discussed what was wrong with prisions. He also asked Spartz for an update on bike parking.


Dwyer recalled that the gentlemen in Florence made a reference to insurance rates related to urban forestland interface.  He said that Lane County is not the insurance company and they don’t set insurance rates.  He asked what exactly was the relationship between the insurance rates and the program, if there is a relationship.


Fleenor commented that there are 9 million Americans either locked up or in supervision in the Country.  He said it was a sad state of affairs.  He thought the Parade Magazine article got to the heart of the matter.  He said they have to understand what is at stake with the criminal justice system.









A. Approval of Minutes: (PULLED)


1. January 28, 2009, Regular Meeting, Following HACSA

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

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

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

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

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


B. Board of Commissioners


1) ORDER 09-4-1-3/In the Matter of Appointing Rose Wilde to the Lane County Budget Committee.


2) ORDER 09-4-1-4/In the Matter of Appointing Kent Fleming to the Roads Advisory Committee for the North Eugene Represented Position.


3) ORDER 09-4-1-5/In the Matter of Appointing Carmen Urbina to the Community Action Advisory Commission of the Human Services Commission.


4) ORDER 09-4-1-6/In the Matter of Appointing Rose Wilde to the  Human Services Commission.

5) RESOLUTION 09-3-31-6/In the Matter of Urging Enactment of Comprehensive National Health Care Reform and Ensuring an Honest and Fair Health Care Reform Debate.


C. Health and Human Services


1) ORDER 09-4-1-7/In the Matter of Ratifying the County Administrator's Decision Authorizing Submission of a Grant Proposal in the Amount of $293,588 for One-Time, Two-Year Funding for the Community Health Centers of Lane County Under the American Recovery and Reinvestment Act and Accepting Any Resulting Grant Award.


2) ORDER 09-4-1-8/In the Matter of Adopting the Mental Health Advisory/Local Alcohol and Drug Planning Committee Bylaws.


D. Public Works


1) ORDER 09-4-1-9/In the Matter of Setting a Public Hearing for the Proposed Surrender of a Portion of Old Coburg Road (Co. Rd. No. 180) to the City of Eugene (Public Hearing: April 29, 2009, 1:30 p.m.).


2) ORDER 09-4-1-10/In the Matter of Awarding Tourism Special Projects Grants for 2009, Releasing Funds From the Special Revenue and Services Fund, and Authorizing the County Administrator to Sign Contracts.  


3) ORDER 09-4-1-11/In the Matter of Approving an Intergovernmental Agreement in an Amount not-to-exceed $100,000 with the City of Veneta to Provide Engineering Services for Urban Redevelopment Improvements in Downtown Veneta Broadway Area and that the County Administrator is Authorized to Execute (or sign) the Agreement. (Marsha Miller, Public Works Director; and Bill Morgan, County Engineer)


4) ORDER 09-4-1-12/In the Matter of Entering Into the McKenzie River Cooperative Maintenance Partnership Intergovernmental Agreement in the Not-To-Exceed Amount of $231,900 and that the County Administrator is Authorized to Execute the Agreement.


Sorenson indicated that item 6 A. is pulled to next week. 


MOTION: to approve the Consent Calendar with changes.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


Handy asked how they could continue the good work that Ms. Zimmer  was doing on the minutes.  He indicated that the Board receives draft minutes.  He noted that this past week he had a timely response to adjust a couple of changes.  He said Ms. Zimmer was comfortable with the changes and alerted him that the hard copies had already been printed.  He asked what the process might be where the other commissioners could see any of his suggested changes so when they come to the Consent Calendar, they know what the changes are.  He wanted to make the process better.


Fleenor stated that several weeks ago during the agenda setting process, he requested the actual hard copy minutes be attached to the agenda.  He said this was the first time this has happened.  He said this was suggested because of the exact issues.  He wanted verification that the changes they requested were actually put into the final version.  He added that this was an initial run and they had to work the bugs out.  He said in the future they could request specific minutes be pulled if the Board doesn’t think those minutes do not reflect the changes they requested.  He saw it as an ongoing evolutionary process to ensure accuracy and good governance.


Sorenson said they thought they would try this out for two months, with the hard copies of the minutes being distributed.


Dwyer said the secretary asks them to make comments, they review the minutes, they make their comments  and she makes the changes.  He said the secretary could send the minutes as revised with commissioner changes so they will know the minutes encapsulate all the commissioners’ comments.


Handy asked if there was a way to get back a revised electronic version with legislative tracking changes to see the changes and it could then go to the Consent Calendar.


Spartz said they need expeditious responses from the Board so they can collect all the proposed changes.  He said if a Board member delays it, the process drags.


Dwyer thought the changes could be bracketed with caps and italics.


Fleenor asked if the minutes they pulled today could start the process.  He asked if Ms. Zimmer could send the minutes back..


Sorenson asked to bring them back four weeks after the meeting so the problem is resolved about waiting for responses. 


Dwyer thought two weeks was more than enough time.


Fleenor said they will have two weeks to respond to draft minutes or everyone assumes they are correct from each commissioner.


Sorenson wanted to make a proposed amendment to the good governance board order so the minutes issue is made clearer.


6 D.2)


Sorenson recalled that they received a request from Dr. Zahi Hawass from Egypt who is the Secretary General of Egypt’s Supreme Council of Antiquities.  He wanted to add $5,000 from the estimated $40,000 of reserve to help this Archeology Channel International Film Festival bringing Dr. Hawass to Lane County.


Todd Winter, Parks, explained that the tourism special projects grants are administered by Lane County Parks Division.  He stated that each commissioner appoints a representative to serve on the Tourism Council.  He said the council reviews, scores and discusses as a group what special projects should be funded, guided by Lane County’s overall marketing plan.  He recalled the recommendation for disbursement of the funds by the Tourism Council is a recommendation for approval to the County Commissioners.  He added it is the Board’s discretion to amend, modify or edit any portion of the approval process prior to approval of the Board.


Sorenson said he spoke to the council and what concerned them was the quality of their application. 


MOTION: to approve ORDER 09-4-1-10 adding $5,000 for Dr. Zahi Hawass, making the total disbursement $136,218.


Stewart MOVED, Fleenor SECONDED.


Stewart reviewed these and believed the recommendations were good.  He commented that it was unfortunate they don’t have enough money to fund all of the projects.


Dwyer thought a question was whether they should award people with sloppy applications.  He commented that the money was there and since they wanted to reserve the surplus and this was a timely event, he will support the motion.  He said when these committees make recommendations (and the Board values their recommendations) they need to lobby at the committee level, not at the commissioner level.


Fleenor  wanted to make sure that his support of this does not reflect upon the quality of service.  He hoped this wouldn’t undermine the committee’s attempt to maintain the reserve.   He said extenuating circumstances and the fact there was insufficient information as to the quality of this event  was presented to the committee.  He believed they need to take specific actions to ensure they have this type of quality event that is going to be sponsored and hosted by Lane County.    He said he will support this.


VOTE: 5-0.




a. PRESENTATION/Working for You Video.


This video was shown yesterday.


b. ORDER 09-4-1-16 A Resolution by Lane County Endorsing Marine Reserves


MOTION: to approve ORDER 09-4-1-16.


Fleenor MOVED, Handy SECONDED.


Paul Englemeyer said there were minor changed that needed to be clarified:  state of Oregon instead of State for Oregon. He noted for the sixth whereas, that because Lane County invested money for the Port of Siuslaw, Lane County should be part of it..  He endorsed the resolution


Fleenor amended the motion as requested.  Dwyer SECONDED.


VOTE: 5-0.





a. ORDER 09-4-1-17 Adopting Positions on Legislative Issues During the 75th Legislative Session


Alex Cuyler, Intergovernmental Relations Manger, discussed the bills in Attachment A. (Copy in file).


MOTION: to approve ORDER 09-4-1-17 with the following changes:  page 1, item1, HB2831, change to monitor; item 3, HB2864, changed to oppose; SB761, item 4, changed to support; no changes on page 3 or 4, no changes on page 5; no changes on page 6; no changes on page 7.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




Stewart explained the process for transportation dollars is that MPO allocates  federal dollars.  He said MPC makes a recommendation to the Board of Commissioners on state money.  He said the Board of Commissioners uses its road advisory committee and staff to prepare the projects the Board of Commissioners approves for state money.  He said there are two separate processes.  He commented that the problem they currently have with the system is the small cities do not bring their projects to their Roads Advisory Committee for approval.  He said the reason was that they have tried to do it over the years and have not received the support of the Board.  He said they have been left out of the process.  He said because of that, when it is time to allocate state money, the small cities don’t have a seat at the table to get their projects.  He said if an ACT has a proper makeup, it brings the local cities to the table.  He said then those people go to the local ACT meeting to present their projects to the OTC.  He said this Board is not involved with the Roads Advisory Committee so they have one shot when it comes to the Board for information on projects.  He indicated that the Board is currently reporting to the OTC.  He thought Lane County was looked down upon by the OTC because Lane County doesn’t have an ACT and they are not receiving the support for the projects they should be getting.


Stewart said because of the process, Celia Barry, Public Works, doesn’t feel like she can lobby for County projects.  He added that she has to keep an open mind and not present projects that Public Works believes is important to Lane County.  He said they don’t have an advocate for their projects because Barry is trying to be a representative for all of the projects.  He said with staff and costs diminishing, they are paying for all of the process themselves.  He said the OTC would pay for the process in the future and they could become an advocate and it would relieve 50 percent of Barry’s workload and allow her to apply more time to other transportation issues in the County.  He said they should try to determine if it is in their best interest to do this.  He noted that other ACTS have between 20 and 40 members.  He thought there should be representatives from all the cities.


Handy said he was committed to having a broader discussion once they are through the budget cycle.  He wanted to have the other partners involved.  His concern is that it singles out Lane County.  He said there are penalties for jurisdictions that don’t have an ACT.  He said they need reform.  He said the people who were in the majority on a previous Board and appointed representatives to MPC were part of the problem.  He said there are problems with the first generation of ACTS and he said they don’t want to have that imposed on them.  He said they need to discuss all the issues, ramifications and the mistakes previous Board majorities have made with direction to MPC and not support this at the legislature.


Sorenson asked Cuyler to send a copy of the health care resolution and the marine reserves to the Lane County delegation.


Cuyler said there has been frustration on behalf of Senator Prozanski and Representative Holvey about how planning has gone on.  He said they think this bill will force a conversation.  His recommendation would be to approach the hearing to say they commit to having a conversation about this on the local level.  He said if they could convince the sponsors that that will happen, he said they will say this bill doesn’t have to get passed. 


Sorenson thought if this was such a good idea that it should be applied statewide.  He said they left out the Portland metro area and the Eugene Springfield metro area that comprises more than 65 percent of the state’s population.




FIRST READING, SETTING A SECOND READING AND PUBLIC HEARING Ordinance No. 1-09 Codifying the Order and Rules of Board of Health on Chain Restaurant Nutrition Labeling by Amending Chapter 9 of Lane Code to Include Those Rules (LC 9.711 - 9.730) (NBA & PM 4/1/09).


Trina Laidlaw, Assistant County Counsel, explained that this action will be the follow up to the Board of Health action when the order is adopted.  She said there is a section that states the Board of Health then orders that its rules should be codified into the code and the way to do that is through the Board of Commissioners changing the Lane Code.


Dwyer stated that his affirmative vote in setting the hearing does not commit him to voting yes on the ordinance.


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 1-09 for April 15, 2009 at 1:30 p.m.




VOTE: 5-0.




There being no further business, Commissioner Sorenson adjourned the meeting at 12:05 p.m.



Melissa Zimmer

Recording Secretary