April 8, 2009

following HACSA

Harris Hall Main Floor

APPROVED 12-1-2010


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.




Item C1 is pulled off the Consent Calendar., Two items are added to Emergency Business; a resolution regarding pesticides on state highways in Lane County and the Legislative item.


Fleenor requested pulling item W.5.B.1.


Stewart asked for item 5.B.2. be pulled for a separate vote. 




Jim Seaberry, Eugene, knows the Board wants to do away with the Metropolitan Wastewater Service District without a vote of the people inside the district.  He said it excludes him.  He said there was no service that he was forced to pay for.  He indicated there is a method prescribed by law to do away with the district.  He asked to find that this paperwork (copy in file) gets into the hands of people sitting on the MWSD and be considerate of the documentation to make sure it is resolved in the proper fashion.


Lisa Arkin, Eugene, asked the Board to bring federal stimulus to retrofit the Lane County fleet of trucks and vehicles that use diesel for the pupose of reducing diesel particulate emissions.  She asked the Board to partner with Oregon Toxics Aliance to receive federal funding to pay for retrofitting truck and bus engines to reduce diesel particulate emissions. She stated the federal funding will pay for the entire cost of the retrofitting, there will be no cost to the County.  She asked the Board to work with Public Works to explore this opportunity.  She wanted to move forward with a grant application in a timely manner, as it is due April 28.




Dwyer announced that today is his grandson’s first birthday.


Fleenor referenced an article in The Register Guard today about new population figures.  He said they don’t have an unwillingness to work with cities, he said they have been bending over backwards to get the PSU Population Forecast adopted as soon as possible.  He recommended that the Planning Commission and Board have a joint meeting in order to expedite this so they can get the numbers to the cities.  He didn’t think they have been holding back. He said they have been doing a good faith effort with due diligence to ensure whatever numbers they do adopt, will be defensible.  He wanted a work session with Mike McKenzie-Bahr on whether or not their delay in adopting the population studies have resulted in any of the cities losing opportunities for economic development money and if so, how the County can help.


Sorenson thought they should go forward with the request from Lisa Arkin.  He said last night he presented information about the challenges for the Lane County Budget in Federal Court.


Handy asked about moving forward with Arkin’s offer. 


Spartz responded they should review this.  He commented that retrofitting could always be a bigger issue.  He said this has to be evaluated carefully before they engage in retrofitting.


Stewart asked if Richardson could review Seaberry’s request.  He asked if he should take this to the Metropolitan Waste Water Commission.


Richardson indicated Andy Clark, Assistant County Counsel, has been reviewing the commission.  She understands that it was created as a funding source, to collect revenue and there are not other powers invested in it.


With regard to the Oregon Toxic Alliance,  Stewart recommended that if staff moves this forward, that they work with LRAPA.  He said they have done many of the projects with the school districts and different bus outfits. 




a. RESOLUTION 09-4-8-16 Pesticide-Use Reduction on State Highways in Lane County


Handy said they have had work done at the Vegetation Advisory Committee that has led to the Lane County Board of Health adopting a Roadside Vegetation Management and Last Resort Policy the Board has been in support of.  He said they want to work with ODOT to maintain Lane County’s values.  He thought there might be some efficiencies using their equipment to accomplish some of the same goals ODOT shares with them.  He said the resolution would address ODOT working with them.  He said ODOT served notice they are intending on doing spraying in the months of April and May.


MOTION:  to approve RESOLUTION 09-4-8-16 Pesticide-Use Reduction on State Highways in Lane County.




Sorenson asked why this was an emergency.


Handy said ODOT may start spraying in Lane County as early as the last week in April.  He thought this was timely.


Stewart had a concern with the item.  He wanted to make sure the statement: “Whereas ODOT has not adequately assessed the impact of inert ingredients and herbicide products on water quality and human health” was a factual statement they can back.  He was concerned to make that statement to ODOT.  He heard backlash in Salem about adopting a resolution of support for the Marine Reserves because they weren’t included in the process.  He asked if this was more appropriate for a letter and not a resolution. He was concerned about the public relations of the Board with ODOT.


Dwyer thought the timeliness and their concern was what was important.


Stewart asked to remove the whereas statement.  He didn’t believe it was true.  He didn’t want to be offensive.


Fleenor offered a friendly amendment:  for number 7, Whereas ODOT may not have adequately assessed the impact.


Stewart agreed with the amendment.


Handy and Dwyer agreed with the amendment.


VOTE: 5-0.


b. Legislative Items


Judy Williams, Legislative Affairs, brought two legislative bills to the Board that are important and will have hearings before they are back in front of the board.  She noted the first bill HB3005 has a hearing tomorrow at 8:00 a.m.  She added the second bill HB 3253 has a hearing this afternoon at 1:00 p.m.


Williams reported that HB3005 has a recommendation to support.  She indicated it appropriates money to the State Department of Agriculture to develop a business plan for a bio mass product.  She said they recommend support.


Williams explained that HB3253 that establishes tax credit for plug-in electric motor vehicles.  She said they recommend support.


MOTION: to approve to support both bills.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




A. Approval of Minutes


B. Management Services


1) ORDER 09-4-8-5/In the Matter of Accepting a Proposal from Diamond Parking Services, LLC for LCP 2008-10 and Awarding a Three-Year Materials and Services Contract for Parking Facilities Administration Service.


2) ORDER 09-4-8-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Edward and Debra Costa for $6,000 (Map No. 18-12-26-31-06400, Adjacent to 2160 Hwy. 126, Florence).


3) ORDER 09-4-8-7/In the Matter of Accepting a Bid Tendered for Surplus County Owned Real Property at a Sheriff's Sale on March 16, 2009 and Executing the Quitclaim Deed.


C. Public Safety


1) ORDER 09-4-8-8/In the Matter of Applying for the Fiscal Year 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant for Law Enforcement in the Amount of $530,991 and Delegating Authority to the County Administrator to Execute Memorandum of Understanding Between City of Eugene and Lane County.


D. Public Works


1) ORDER 09-4-8-9/In the Matter of Approving an Intergovernmental Agreement with Oregon Department of Transportation (ODOT) for Clear Lake Road and Marcola Road Paving Project to be Funded Through the American Recovery and Reinvestment Act of 2009 (ARRA) and that the County Administrator is Authorized to Execute the Agreement.


E. Health and Human Services


1) ORDER 09-4-8-10/In the Matter of Approving and Appropriating a Total of 6.5 FTE for the Community Health Centers of Lane County, Adding Revenues and Expenses in the Amount of $84,610 for FY 09 in Fund 286 of Health and Human Services.


MOTION: to approve the balance of the Consent Calendar.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


5 B.1)


Fleenor noted they accumulated $18 million in unpaid municipal Circuit Court fines.  He said they have Section J administering parking violations.  He said they are supposed to receive a monthly report about the parking violations.  He asked where the report was available for them to review.


Jeff Turk, Management Services, responded that Diamond Parking sends him a report every three months.  He said he will e-mail the Board the most current report.  He reported that the County receives 50 percent of what is collected.


Fleenor asked if they have an accounting as to what has not been collected.


Turk said he could find out that information.


Handy understood that they didn’t have to approve this today. He said the Board wanted to review a policy on how they might collect civil penalities.  He said they want to look at alternatives around how they deal with things.  He thought this should be part of a review of their policies.


Spartz said these are two different issues.  One is private parking and the other is what happens on public streets and rights-of-way.  He said these fines are smaller. He said Stewart Bolinger, Internal Auditor, and he have been reviewing this matter.   He said they have a goal of reducing the outstanding collection in Justice Court and increase the collection rate to make it more effective and efficient.


Handy asked if this could be held until July so they could look at this in a broader consister manner with establishing policy


Bolinger said they should think of these separately.  He said one is a complex problem.  He said if Turk and Suchart can provide the reports that are being asked for, then they get an indication if there is a collections issue at all.  He wanted to wait for their report.


Turk said he will talk to Diamond and relay the questions and concerns the Board has and get a possible short term agreement.


Sorenson stated this will be brought back in six weeks.




MOTION: to approve ORDER 09-4-8-7.


Fleenor MOVED, Handy SECONDED.


VOTE: 3-0 (Stewart abstained, Dwyer out of room).


Stewart abstained.  He believed that Beverly Stewart was related to him.




Handy asked what they were asking for.


Judy Simpson, Sheriff’s Office, explained that every year they get a portion of what is known as the Edward Byrne Memorial Justice Assistant grant.  She said the amount the city of Eugene and Lane County gets is combined.  She said this year the city of Eugene’s award is approximately $303,000 and Lane County’s award us $220,000.  She said this year it is higher because it is coming under the recovery act.


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


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. ORDER 09-4-8-11/In the Matter of Recognizing Lorraine Boose in H&HS/Energy Program a S.A.V.E. Award of 8 Hours of Time Management.


MOTION: to approve ORDER 09-4-8-11.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


b. ORDER 09-4-8-12/In the Matter of Recognizing Ida Weathers in Management Services/Deeds a S.A.V.E. Award of 4 Hours of Time Management.


MOTION: to approve ORDER 09-4-18-12.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


c. ORDER 09-4-8-13/In the Matter of Establishing a Save-It Committee, Per Order 09-1-5-1, the Good Governance Order.


Sorenson recalled when the Board enacted the Good Governance order, one of the provisions was they requested the Sav-It Committee be established and have the Save Committee review the idea and make recommendations to the Board.  He said the Save Committee provided recommendations and decisions that are cost savings or other efficiency proposals for time management.  He said the idea was to have the Save-It Committee a similar structure.  He wanted to have one citizen member appointed by each of the five commissioners.  He added that those five members select two members from the current Save Committee and they have a staff liason to the committee appointed by the County Administrator.


Assistant County Counsel Marc Kardell said they would need the Board’s consideration with rewards to people and how they would base it.  He said they need to develop a budget.  He said they have to talk about minimum awards and maximum awards for the individuals and the program for the year.  He said staff would be needed.  He suggested the committee meet separate from the Board.  He said there is potential to give awards for non-economic benefit suggestions.  He indicated they would come back with a weight criteria list to be approved.


MOTION: to approve ORDER 09-4-8-13.


Fleenor MOVED, Dwyer SECONDED.


Fleenor stated he was supportive of the committee.  He believed having outside eyes in looking at how they operate would be productive.  He thought it will enhance the trustworthyness the citizens have with respect to the County.  He recommended reaching out to private citizens and businesses for donations.


Richardson stated that she was concerned about taking donations from businesses because they would be donating to Lane County and if they have any legislative or administrative interest in any of the County’s business, then there is a potential ethical issue even if it is just a pass through onto a citizen.


Christine McCoy, Save Committee, commented that there have been some problems with this.


Spartz indicated that it will consume staff time and they will have to have a budget for it.


Dwyer was uncomfortable soliciting gifts from the private sector. He suggested appropriating $5,000 from the commissioners’ reserve to start the fund and see what happens.  He wanted to add that to the motion.


Sorenson wanted the committee to ask for the request.


VOTE: 5-0.


Richardson reiterated that they will come back to the Board with more detailed information about the committee and at the same time the Board will run advertisements.


Kardell said they should put this in Lane Manual with a formal order.




a. Announcements


Spartz reported that they will have an initial meeting of the reconstituted Fair Board on April 16.  He said they received a letter from the Lane County Amateur Radio Operators thanking the Board for the upgrade project under a Title III grant.  He said it improves the quality of their transmission.  He announced it is Public Health Week and the state has put together a report on the results of the Public Health Systems throughout the state of Oregon.  He indicated that they will put this on the website.


b. ORDER 09-4-8-14/In the Matter of Approving Additional Funding for Projects Under Title III of the Secure Rural Schools and Community Self-Determination Act of 2000, P.L. 106-393 for FY 08-09.


Christine Moody, Finance and Budget Manager, reported that this is for the original Title III money.  She added that they have to keep the pots of money separate.


MOTION: to approve ORDER 09-4-8-14.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


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


Melissa Zimmer

Recording Secretary