BOARD OF COMMISSIONERS'
REGULAR MEETING

April 29, 2009
9:00 a.m.
Harris Hall Main Floor
APPROVED 1-12-2011

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.

1. ADJUSTMENTS TO THE AGENDA

Sorenson indicated they are going to put an item on the agenda In the Matter of Authorizing Staff to Initiate Condemnation proceedings for the Creswell Landfill ORDER 09-4-29-14 under item 8. B. They are pulling item 5.C.2. on the Consent Calendar.  A report back from Matt Laird under Other Business, item 5.D.1, will be pulled from the agenda for discussion.  Fleenor pulled 5.E.3 for discussion on appointees.

2. PUBLIC COMMENTS

Shirley Tendick, says she lives on $680 per month on Social Security.  She lives near Oakridge.  She recalled in 2002 she sold a small house she owned on High Prairie to Tina and Patrick Zirkes, thinking the $300 monthly payments would supplement her income.  She stated in June 2004, the Zirkes decided to transfer title to Dave and Cassie Osborn so they could move elswehre.  The Osborns made the payments but stopped.  She contacted them about payments over the course of a year and she only received one payment on September 7, 2005.  She said they moved and left trash and old cars.  She said they have not been heard from since.  She stated a short time after that a neighbor called the news media asking them to trespass on the Osborn property to take pictures to air on the news which they did along with made up stories about fires and rats.  She said she began harassing the County about it.  She indicated the County was unable to locate the Osborn family and found she had been the previous owner of the property and they targeted her instead of the Osborns.  She said she was receiving bills of $250 per day.  She indicated a Lane County Sheriff was sent to inspect the property.  She indicated the fine was up to $17,500. She was given permission to access the property and had the trash removed and paid back taxes.

Carol Berg Caldwell, Eugene, said she drove to Florence to hear the District Attorney and Sheriff talk about Public Safety.  She heard people talk about needing more jail beds.  She said the community is now in a situation where the commissioners are soft on crime for not putting money toward deputies and jail beds.  She hopes that community momentum can get behind a voluntary donation format community fund drive.  She commented that they have disportionately funded punishment while inadequately funding crime prevention. She noted that for every dollar spent on crime prevention, seven dollars are saved on courts and jails.  She said they should turn to each other, not on each other to solve their public safety needs.  She hoped the Budget Committee will get data on the types of crimes people are being incarcertated for.

Deb Frisch, Eugene, said she received an e-mail that Dave Crowell resigned.

3. COMMISSIONERS' RESPONSE TO PUBLIC COMMENTS AND/OR OTHER ISSUES AND REMONSTRANCE

Fleenor thanked Carol Berg Caldwell for her advocacy.  He went on a ride along with Deputy Cooms.

Handy commented that people advocating for public safety need to be part of the solution.

Stewart indicated that they will be taking up the Tendick matter in Executive Session.

Sorenson reported the Sheriff’s Office put out a press release yesterday concerning the release of two defendants from the Lane County Jail.  He commented they will always have enough people committing crimes that have been sentenced that have been eligible for incarceration and eligible for release if there is overcrowding.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

A. Approval of Minutes:
March 3, 2009, Joint Elected Officials, 12:00 p.m.
April 1, 2009, Regular Meeting, 1:30 p.m.

B. County Counsel

1) ORDER 09-4-29-1/In the Matter of Amending Chapter 3 of the Lane Manual to Revise Commissioners Appointments on Committees (LM 3.506, 3.515, 3.521, 3.522, 3.536, 3.538, 3.540, 3.542, 3.546, 3.548, 3.550, 3.552).

2) ORDER 09-4-29-2/In the Matter of Amending Chapter 2 of the Lane Manual to Establish 15-Minute Rule (LM 2.007).

C. Health and Human Services

1) ORDER 09-4-29-3/In the Matter of Approving the Lane County Public Health Authority Plan for FY 2009-10.

2) ORDER 09-4-29-4/In the Matter of Appointing a Member to the Lane County Animal Services Advisory Committee (LCASAC).

D. Public Safety

1) ORDER 09-4-29-5/In the Matter of Approving Participation in the Fiscal Year 2008 Buffer Zone Protection Program (BZPP) Wherein the Sheriff's Office will Receive $398,000 in Grant Funds to Enhance Capability for Protecting Lookout Point and Hills Creek Dams and Delegating Authority to the County Administrator to Execute Grant Documents.

E. Public Works

1) ORDER 09-4-29-6/In the Matter of Reappointing One Member to the Resource Recovery Advisory Committee.

2) ORDER 09-4-29-7/In the Matter of Authorizing an Extension of 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 Assessor’s Map 17-04-13-22.

3) ORDER 09-4-29-8/In the Matter of Reappointing Damien Gilbert, Catherine Koehn and Emily Schue and Appointing Barbara Kirchner and Carl Stiefbold to the Parks Advisory Committee.

4) ORDER 09-4-29-9/In the Matter of Entering Into a Three-Year Revenue Agreement with The City of Eugene for Engineering and Materials Testing Services in an Amount Not to Exceed $300,000 and Authorizing the County Administrator to Sign the Agreement.

5) ORDER 09-4-29-10/In the Matter of Entering Into a Three-Year Revenue Agreement with the City of Springfield for Engineering and Materials Testing Services in an Amount Not to Exceed $150,000 and Authorizing the County Administrator to Sign the Agreement.

F. Board of Commissioners

1) ORDER 09-4-29-11/In the Matter of Appointing Molly Sargent to the Lane County Animal Services Advisory Committee (LCASAC).

MOTION: to approve the remainder of the Consent Calendar.

Fleenor MOVED, Handy SECONDED.

VOTE: 5-0.

5.C.2)

MOTION: to  move ORDER 09-4-29-4 to  appoint Lisa Wolverton to serve on the advisory committee.

Fleenor MOVED, Dwyer SECONDED.

VOTE: 5-0.

5.D.1)

Handy wanted to know about the impacts of the grant.

Linda Cook, Emergency Management, said the Department of Homeland Security identified critical sites in 45 states for FY 2008 and they identified Hills Creek Damn and Lookout Point as needing extra protection because of the hazard they represent.  She indicated that they reached out to the communities that needed protection versus making money available and having people compete.  She said this is through the federal government.  She explained that this grant is giving the opportunity to take the first step to have coordinated planning.  She added that they have have a legitimate way for evacuation maps and they can engage communities in this effort.

Russ Burger, Sheriff, said in a natural disaster, they have to prioritize resources available and to direct those to have the most life safety.  He indicated that this grant does not lock them into going to one location, it provides them with equipment and technology.

MOTION: to approve ORDER 09-4-29-5.

Fleenor MOVED, Stewart SECONDED.

VOTE: 5-0.

5.C. 3)

With regard to Good Governance policy, Fleenor asked if they are trying to appoint committee members on a commissioner basis so they have full representation throughout the five districts.  He asked about the current individuals, where they lived, and who the commissioner is responsible for appointing them.

Richardson explained now that the Board has passed changes on the Consent Calendar, her next step is to contact various staff people who work with the advisory committees to work through how it is going to happen.

Todd Winter, Parks, indicated that all seven positions are at large, but two are in Dwyer’s district, three in Sorenson’s districts and two in Stewart’s.  He said that includes the three re-appointees and the two appointees.

Fleenor indicated that he wanted to do his own research before making an appointment.

MOTION: to approve ORDER 09-4-29-8 except for Barbara Kirchner.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

6. COMMITTEE REPORTS

Legislative Committee

a. REPORT/Legislative Committee.

Judy Williams, gave a Legislative Committee update.  (Copy in file).

ORDER 09-4-29-15 Adopting Positions on Legislative Issues During the 75th Legislative Session

MOTION: to accept recommendation with the amendment of  HB 2072 from monitor to oppose.

Dwyer MOVED, Fleenor SECONDED.

Handy agreed with the motion.  He didn’t approve opposing Item 5 and 12, given so much of what they do is based on their good relations with labor.  He wanted to amend the motion to pull item 5 and 12.

Dwyer amended his motion to exclude those two.

Fleenor agreed.

Stewart asked for number 7 to be pulled for a separate vote.

Dwyer stated his amendment included that.

Fleenor accepted.

VOTE: 5-0.

MOTION: to move to change Items 5 and 12 from oppose to monitor.

Handy MOVED, Stewart SECONDED.

Sorenson said he would support the motion. 

Spartz  said if these bills pass as currently written, it will further circumscribe the ability to run the County.  He said the bills will further restrict management’s ability to make decisions about operating the organization and the Board’s ability to direct management.

Dwyer said their role is broader than just the union, it encompasses everyone in Lane County.  He said this is the point in time they are asking the County to go on record.  He said if they want other people to run the government, then they could monitor and be silent. 

VOTE: 2-3 (Dwyer, Fleenor, Stewart dissenting) MOTION FAILS.

MOTION:  to oppose Item 5 and 12.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 3-2 (Handy, Sorenson dissenting).

MOTION: to oppose HB 3072.

Fleenor MOVED, Handy SECONDED.

Handy said he has been attending AOC’s County College and one of the agenda items was about this issue.  He wanted the program recrafted about how much timber would be cut at once.

Stewart stated it is sustainable and it follows Oregon Practices Act for Forestry. He indicated they are being harvested at a lesser level than what they would sustain.

VOTE: 4-1 (Stewart dissenting).

b. Letter for Coos County Commissioner

Sorenson indicated they received a phone call from Coos County Commissioner Bob Main asking if the Board of Commissioners could send a letter about the Port of Coos Bay. 

MOTION: to give approval for having sent the letter.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

7. COUNTY ADMINISTRATION

a. Announcements

Spartz reported the Fair Board is now organized and underway.  He discussed the Swine Flu.  He said he was summoned for Jury Duty tomorrow.

ORDER 09-4-29-16 Appointing Cindy Land to the Lane County Budget Committee to Fill an Unexpired Term.

Sorenson asked if they could take up the appointment of Cindy Land to the Budget Committee.

Richardson said they could vote on Cindy Land for Budget Committee.

MOTION: that Cindy Land be appointed to the Lane County Budget Committee, effective immediately.

Fleenor MOVED, Dwyer SECONDED.

VOTE: 5-0

Sorenson indicated they had a resignation from David Crowell from the Budget Committee.

8. COUNTY COUNSEL

a. Announcements

None.

b. ORDER 09-4-29-14 Authorizing Staff to Initiate Condemnation Proceedings.

MOTION:  to approve ORDER 09-4-29-14.

Dwyer MOVED, Fleenor SECONDED.

Stewart commented that this just starts the process.  He is trying to encourage a good faith negotiation.  He hopes it moves forward.

VOTE: 5-0.

9. PERFORMANCE AUDITOR

a. Announcements

Stewart Bolinger, Internal Auditor, stated that he wants to be placed on Tuesday’s agenda for his report.  He said he has heard back from Waste Management and he will have a report tomorrow.

10. PUBLIC WORKS

a. ORDER 09-4-29-12/In the Matter of Providing Options for Usage Of 5% and 20% Blends of Biodiesel for the Lane County Vehicle and Equipment Fleet.

Howard Schussler, Public Works, recalled in February they brought to the Board a review of the implementation of the November 2007 board order, using B 5 and B 20 biodiesel.  He said during the February review the Board requested they return with options for discussion based on a variety of factors.  He said they have been using B 5 and B 20 since November 2007.  He described their operational requirements and professional accepted characteristics (copy in file).  He said they have no problem with the implementation of the use of B 5 and B 20 but they are concerned that the cost differential is enough that they need Board direction if they want to continue using it.  He added that B 20 costs the most.

Handy liked Option 2, but he wanted to use B 20 during certain months.

MOTION: to approve ORDER 09-4-29-12  using Option 4.

Fleenor MOVED, Dwyer SECONDED.

Fleenor stated that he was a believer in doing whatever possible to reduce their carbon footprint, but because of the economic downturn and the challenges Public Works is facing, he thought they should put the other options on hold for one year and come back to see where they are with the economy. He didn’t think they should jump into this while they are having revenue challenges.  He wanted Public Works to come back in one year to re-examine where they are with the economy and affordability.

VOTE: 5-0.

b. DISCUSSION/In the Matter of Discussing Policy Direction and Revenue Options for the Vacation, Surrender, and Relinquieshment of Public Right of Way.

Mike Jackson, Surveyor, recalled on February 17 he brought this to the Board for review.  He said in the packet they added the corresponding statutes and codes that go along with vacations, surrenders and relinquishments.   He listed options.  (Copy in file).

Fleenor wanted Options 2 and 3.  He said the special benefit may include increasing value for benefit property.

Jackson indicated that if they choose Option 3 that vacations would be non-existent.

Fleenor asked if that would be a benefit for the public.

Jackson said that sometimes it might be.

Handy was not preapred to make or support any motion.  He thought more work needed to take place.  He wanted to look further at relationships with annexation issues with the cities in River Road and Santa Clara when the streets go to the city of Eugene.  He asked if there was a benefit to the city.   He asked if an SDC is fair and equitable.

Bill Morgan, Public Works, indicated that Celia Barry from Public Works is bringing back a packet in May about SDC’s focused ouside the UGB.

Stewart was in agreement with the recommendation on relinquishments and surrender.  He thought they should have a trigger point to appraise the property but there might be significant value that is unseen.  He thought there was an opportunity to make more revenue on something that is signifcant. 

Dwyer thought Option 2 was the option but he thought the surveyor needs to make the determination if it results in a monetary benefit.  He stated the public benefit always has to outweigh the private benefit.

Fleenor was in favor of Option 2 on surrenders and relinquishment for the current policy.

Sorenson thought there needed to be more work.  He was in favor of Option 2

Handy wanted this to be brought back after the SDC conversation.  He wants to make a final decision with a broader comprehension of other issues.

Stewart stated there needs to be flexibility.

There being no further business, Commissioner Sorenson recessed the meeting at 11:50 a.m.  

Melissa Zimmer
Recording Secretary