August 26, 2009

9:00 a.m.

Harris Hall Main Floor

APPROVED 3-15-2011


Commissioner Pete Sorenson presided with Commissions 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.




Handy requested item 5.B.1) from the Consent Calendar be pulled.  He added an item under Public Works in the afternoon.  He asked for an update on the Tiger Funds.


Fleenor pulled 5.F.1) to correct a date on the board order on the Consent Calendar.  He said it should be in the winter of 2008 instead of 2009.


Sorenson noted 8 E.2) should be Fourth Reading and Work Session on Ordinance PA 1260.  He said they are adding item 10 B for ORDER 09-8-26-9.




Gerry Burnett, Deadwood, said taking away their rights to use helicopters to control brush would hurt them a lot.  He needs the ability to do that.


Michael Atkinson, Eugene, said he feels strongly that pesticide application is out of the Boardís purview to regulate.  He indicated it isnít legal for them to do it.  He stated someone is looking for a way to change the rules.  He said he has been a forester for over 40 years.  He commented that people get sick, but they get sick because of fear.  He noted that fear is being used to further their agenda.  He said if the Board feels compelled to limit aerial spraying, they should be using science, not something that is anecdotal.  He said what the Board hears from the group in Deadwood is anecdotal, it has no scientific basis.  He asked the Board to use their authority in ways that make sense and to use science. He added that would include hearing from other people, not just emotional people.


Neal Miller, Eugene, stated that he is not a radical or activist, just an ordinary citizen.  He said there is fear involved.  He indicated there is fear for the health of his family and grandkids and neighbors being exposed to these poisons.  He said a few years ago he met with the chief forester of Gustina as they were planning on aerial spraying across the road from his house.  He admitted that because of the amount of the clay in the soils and the semi-draught conditions, they had to do it two and three times to establish a crop of trees.  He opposes the way that Gustina is spraying the forests.  He indicated there is scientific evidence that spraying causes autism.


Steve Cafferata, Dexter, said he is a certified forester and licensed pestificide applicator and he has practiced forestry for more than 40 years.  He said he is an appointee on the SB 360 implementation plan for Lane County Fire.  He stated he used herbicides as many tools to safely and competetivly grow trees for all purposes.  He noted there have been many changes in application technology and practice over the 40 years he has been involved in using herbicides.  He indicated in site specific applications procedures have developed to include neighbor contacting, single batching, test runs, weather observations and detailed records.  He noted that GPS is used to properly position aircraft.  He said they are all used to protect neighbors and the environment.  He added that ground applications are commonly used as part of treatments where aerial spraying may not achieve treatment goals of protecting neighbors and environmental resources.  He stated that chemical trespass is against the law in Oregon.  His request to the Board is if they choose to go forward on this issue, to conduct work sessions with organizations to get the facts and to talk to scientists that have done the work.   He asked the Board to take a balanced approach.


Edward Reiss, Eugene, stated he has been a professional forester for 11 years and is practicing aerial and manual application for site specific plans.  He indicated spraying is done on a case-by-case basis.  He said he takes his job seriously.  He commented that this is a very sensitive issue.  He asked the Board to gather the facts and talk with a host of people that have the experience needed for the Board to make a decision.


David Cramsey, Veneta, said he has been a forester for 20 years and has been involved in professional pesticide applications for over 25 years.  He indicated a certain individual and a group that person represents wants spraying stopped.  He added that does not represent all of the people of Lane County.  He asked the Board to find the balance and move forward accordingly.  He commented the business of applying pesticide is serious.  He indicated the number one concern of any pesticide application is drift management.  He said the job of the applicator is to make sure the drift is managed appropriately.  He stated state law prohibits the application of pesticides to the property of another person without their consent.


Cary Hart, Eugene, voiced a concern that the Board of Commissioners does not become a lobbyist for a local pesticide reform group.  He noted the response was based on emotional testimony of a small group of individuals.  He said it is his companyís belief that modern chemicals and best management applications practices would reveal that both state and federal laws are successfully governing the safe and effective use of chemicals in the forest. He indicated they are foresters and they know how to best manage their properties. He stated that spraying someone elseís property is a form of trespass.  He indicated that they control spray drift.  He encouraged the Board to step back from their advocacy position and review the benefits that private forests provide for Lane County.  He stated the forests provide family wage jobs, tax revenue, recreation and a long list of environmental benefits.  He said instead of attempting to create new restrictions, for the Board to adopt policies that protect the right to operate on those lands where the primary zoning is forestry.


Sara Leiman, Monroe, said her family owns forestland in the West Lane area.  She said before the Board makes any specific recommendations around specifications around houses, that they take a 360 degree look at the whole issue before any new rules are made.  She said a process should be gone through where all the facts are discovered.


Chris Berner, Eugene, asked the Board to do everything about stopping herbicide spraying in Lane County.  He said the threat of aerial poisoning has already caused thousands of hours of terror among his neighbors, his friends and the citizens of Lane County.  He appreciated the Boardís willingness to hear the pleas from his friends.   He said the herbicides are designed to kill.  He commented that it is suicide to use them on food and water.


Robin Winfree Andrew, Eugene, said she is a small landowner and a tree farmer.  She said it was important that the Board hears from both sides of the issue.  She stated she only finds out about spraying when she pays $5 for notifications to be sent to her.  She thought science is the important basis for any deliberation.  She appreciates the roadside ban of spraying by Lane County.


Carol Berg Caldwell, Eugene, said she was grateful that the Board asked for transparency into a risk assessment tool.  She said they have a right to know.


Majeska Seese-Green, Eugene, spoke about Police and Community Together.  She thanked the public for a safer community.




Dwyer stated that the Board doesnít have the authority with spraying but the government should do no harm and not to allow harm.  He said they have to think about how to lessen the affect on citizens.


Fleenor stated they will do what they can to balance the risks and benefits.  He said they are to protect public safety and health, as that is their mission.  He thought they should have a discussion to bring up some issues.  He stated they canít go forward without information.  He wants to make sure they have the best science available.


Handy said the public health is vitally important to him and to the Board, as is economic development and how they innovate and change and make sure their resource lands are a part of economic transitions.  He noted the passing of Senator Kennedy.


Stewart said they should have a work session on aerial spraying to bring in more information on the matter.  He discussed the risk assessment tool at the jail.  He recommended the rest of the Board visit the jail and learn about the tool and be able to have an understanding about it.








A. Approval of Minutes:


September 19, 2007, Regular Meeting, 9:00 a.m.

September 19, 2007, Regular Meeting, 1:30 p.m.

September 25, 2007, Work Session, 1:30 p.m.

September 26, 2007, Regular Meeting, Following HACSA

September 26, 2007, Regular Meeting, 1:30 p.m.

June 17, 2009, Regular Meeting, 9:00 a.m.

June 17, 2009, Regular Meeting, 1:30 p.m.


B. Management Services


1) ORDER 09-8-26-1/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.(David Suchart; Annette Newingham, Chief Deputy County Clerk)


C. Children and Families


1) ORDER 09-8-26-2/In the Matter of Delegating Authority to the County Administrator to Execute Agreement 1LAN0911-MAC Oregon Commission on Children and Families 2009-2011 County Healthy Start Ė Medicaid Administrative Activities Intergovernmental Agreement and Appropriate Funds Not to Exceed the Amount of $195,500 to Healthy Start Program.


D. Health and Human Services


1) ORDER 09-8-26-3/In the Matter of Appointing Nine Members to the Human Services Commission Community Action Advisory Committee.


2) ORDER 09-8-26-4/In the Matter of Adding a Total of 27.0 FTE for the Community Health Centers of Lane County, Appropriating Revenues and Expenses in the Amount of $755,029 for FY 10 in Fund 286 of Health & Human Services.


E. Public Safety


1) ORDER 09-8-26-5/In the Matter of Accepting a Bid for LCP 2009-10 for General Construction Services at the Prairie Mountain Communication Site and Awarding a Contract to Dorman Construction in the Amount of $148,616.


F. Public Works


1) ORDER 09-8-26-6/In the Matter of Removing the Load Posting From the London Road Bridge (State Bridge No. 20623) Located at MP 13.01.


MOTION: to approve the balance of the Consent Calendar.


Fleenor MOVED, Handy SECONDED.


VOTE: 5-0.




Sorenson asked what the winter 2009 meant.


Assistant County Counsel Marc Kardell said they could put in the board order that it has been completed.  They donít have to state a particular time. 


MOTION: to approve ORDER 09-8-26-6.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




Sorenson stated there was a timing issue with this matter.


Handy asked about the qualifications for this group.


Sorenson stated it is highly regulated by the Oregon Department of Revenue.  He said it explained the qualifications on page 2 of the agenda summary.


Fleenor indicated there was a district imbalance.  He wanted to make sure that each district has a proportionate amount.


(This following portion took place in the afternoon.)


Marle Hoene, Deeds and Records, reported that the deadline for approving this is October 15, 2009.


Fleenor wanted to expand the Board to 25, adding three women


MOTION: to approve  ORDER 09-8-26-1., adding three women, Nancy Nichols, Hillary Loud and Monique Sunderfield.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. RESOLUTION 09-8-26-7/In the Matter of Proclaiming September 2009 as National Alcohol and Drug Addiction Recovery Month.


MOTION: to approve RESOLUTION 09-8-26-7.


Stewart MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. ORDER 09-8-26-8/In the Matter of Awarding Three Waste Diversion Opportunity Grants Totaling $168,476 To St. Vincent De Paul ($20,000) for Styrofoam Recycling Equipment, to Bring Recycling ($98,000) to Implement a Business Waste Prevention Assistance Program, and to Resource Innovations Group ($50,476) to Establish Climate Masters Programs at OSU Extension and LCC, and Authorizing the County Administrator to Sign the Contracts.


Patti Hansen, Waste Management, asked the Board for approval for the grants totaling $168,476.


MOTION: to approve ORDER 09-8-26-8


Dwyer MOVED, Stewart SECONDED.


Dwyer said there was a benefit with putting aside money out of the waste stream to reduce the waste stream and to educate people.


Stewart wanted the Board to make a commitment to continue the program.


VOTE: 5-0.


b. DISCUSSION/Award Presentation/Recognition to Lane County for Admittance into the National Flood Insurance Program - Community Rating System.


Keir Miller, Land Management and Chris Shirley from DLCD gave a presentation on the Admittance into the National Flood Insurance Program. (Copy in file).


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


Melissa Zimmer

Recording Secretary