July 21, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 8/4/2009


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.




b. Proposals on Board of Forestry Conflict of Interest and Aerial Spray Buffer Zone.


Day Owen, discussed the applications of pesticides within the buffer zone that would apply to aerial spraying.  He added that there is a conflict of interest with the Board of Forestry.  He discussed a request for action by the Board of Commissioners to establish an aerial spray pesticide buffer zone around buildings inhabited by humans. (Copy in file).


Neila Owen and Alina Owen discussed what happened to them after aerial spraying.


Day Owen asked the Board to do some investigating on this subject.  He also asked for a letter of support to give them reinforcement.


Dwyer thought this should have come to the Board before the legislature adjourned.  He said the legislature won’t be back in session until 2011 and no one has the authority to revoke the statute except for the legislature.  He said the fact the DEQ adopted someone’s standards doesn’t mean the Board of Forestry can follow the standards because the statute that relates to the DEQ is different than the statute that Owen cited.  He didn’t think the Board of Forestry could act on what Owen was asking for without the legislature’s approval.  He said they need a discussion on how they can approach this legislatively.  He recommended having Alex Cuyler, Intergovernmental Relations Manager, decide the best approach to take.


Fleenor agreed they need to have a legislative solution.  He hoped with the consent of the Board they could give direction to Cuyler to start the process of having a dialogue with the state representatives and senators to see if they could get legislation in 2011.


Sorenson thought they should try to make this one of the issues on the legislative agenda like they did with field burning.  He recalled there was a conflict of interest on the Board of Forestry when he was a senator.


Handy thought they should push this issue with the Attorney General.  He indicated that the Attorney General promised to be more responsive and assertive going after these types of situations.


Stewart indicated that he took a tour with the Department of Forestry and there were buffers.


Owen responded that there were no buffer zones around human habitation. He noted the buffer zones that exist are around natural resources like streams.


Stewart thought they should have a representative of the Oregon Department of Forestry come in to discuss their spray program before they send a letter. 


Sorenson wanted to have Cuyler include this on his report the next time he comes to the Board with a legislative report.


Stewart wanted information indicating that there are no buffer zones.  He thought there needed to be more research by Cuyler about what exists.  





a. REPORT/Lane County Planning Commission Quarterly Report.


Lisa Arkin, Chair, Planning Commission, recalled that they were asked to report to the Board quarterly about the Planning Commission’s progress on certain issues.  She said they looked at riparian zones and what might need to change in Lane County to protect areas for wildlife and water quality.  She indicated that they had a presentation from EWEB staff on this topic. She said they will talk about rural reserves in the fall.   She indicated that riparian zones are important to them because the big issue in the future is water.  She reported that they have been working with the staff from Florence on the Florence Comp Plan.  She said the Comp Plan is circling around and they wanted the Board of Commissioners to ask the city of Florence for a report on what progress they are making on their Comp Plan and how they plan to bring it to the County for co-adoption.  She said it appears that some parts of the plan are being implemented but the co-adoption has not yet happened.  She said they want the city of Florence to present a timeline for completion of the Comp Plan.  She indicated they were moving forward with review of County Chapters 16 and 17 that are coastal goals.


Bob Noble, Vice Chair, Planning Commission, indicated that they have had three meetings on the Florence Comp Plan and at the last meeting that was scheduled there was no action to take or materials to review.  He said they ended up making a recommendation that was forwarded to the Board that summarized Arkin’s comments.  He said they started to do a revenue review on their own to try to help the elected officials look at how they might fund long range planning.  He reviewed a report from Land Management on what the Board’s actions were.  He recalled in 2008 there were five actions and in 2009 there have been five with six more to go. He noted in all of the Planning Commission decisions, their recommendations and the Board’s decision were in alignment in 2008 and 2009.


Dwyer asked if the city of Florence was doing anything in their 2020 Plan that requires co-adoption but hasn’t been adopted. 


Stephen Vorhes, Assistant County Counsel, said when they are working on annexation; they address both the 2020 Realization Plan and the 1988 Co-Adopted Plan that applies outside the city, inside the urban growth boundary until co-adoption occurs.


Noble noted there was a man from Heceta Lake who testified at the last Planning Commission meeting on the issue and asserted that there might be things that were going to be done that would negatively affect him in the urban growth area.


Fleenor recalled that the city of Florence took an inventory of potential buildable lots within the urban growth region outside of the municipal city limits and found a reduced level of need to move forward.  He said hopefully they will continue their positive progress, working with people in the urban growth area and Heceta Water District and the County.  He thought city staff would perfect this given sufficient time.


Arkin reported the Planning Commission has been working with the city of Florence on septic tanks.


Fleenor asked what the Board could do to help the Planning Commission.


Noble said they intentionally created a limited work plan submittal to the Board because they knew resources and time would be constrained.  He said they chose three items they wanted to work on.  He didn’t know what they will need in the long run in terms of information.  He said they had a meeting with EWEB and two meetings with Springfield because they take their water from the Willamette River through wells and they have an impact with water discharge into the McKenzie.  He said they also reviewed their Storm Water Master Plan that is to be incorporated into the Metro Plan.  He reported that Florence’s plan includes a partnership between the city, County and the water district to have a monitoring plan so those developments don’t create any problems for the residents who live there. 





Alex Gardner, District Attorney, distributed a spreadsheet showing the historical contributions from Kid’s First as part of the District Attorney’s budget and after it was transferred to Fund 261. (Copy in file).  He said the money has moved in the same fashion since Kid’s First was created as the Child Advocacy Center in 1994.  He indicated their expectation is that Kid’s First will be mostly self-supporting.  He said if there is some lapse with Kid’s First and the District Attorney’s office and there is some need that is not met by a grant or fundraising, they will forgive them some of their overhead costs and cover it as part of the rest of the division.  He added they have done that historically without making any kind of formal transfer.  He indicated that they now have to do it as a formal transfer.  He commented that the money will be more necessary in the future because the grant money they use to keep Kid’s First open doesn’t tolerate the size of their overhead.  He said that this year they hoped to have a $500,000 grant.  He indicated that they received the grant but the amount was reduced to less than $400,000.  He added that they are trying to become proactive in fundraising and they need all the help they can get.  He said they are already securing government funding.


c. ORDER 09-7-21-11 In Support of National Probation, Parole, Community Supervision Week.


Sorenson read the resolution into the record.


MOTION: to approve ORDER 09-7-21-11.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


d. Letter in Support of the Community Health Center


Sorenson explained that this is a letter in support of the Community Health Centers of Lane County to expand primary care services to under and uninsured citizens of Lane County through the Facility Investment Program.


MOTION: to send the letter.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


e. RESOLUTION AND ORDER 09-7-21-12/In the Matter of Transferring $5,000

from the General Fund Operational Contingency to Materials and Services within General Expense to Contribute to the Annual St. Vincent de Paul Christmas Turkey Fund Raiser


Dwyer said historically they have made a contribution of $5,000 to St. Vincent de Paul’s effort to provide food boxes, turkeys and hams at Christmas time.  He recalled that two years ago he raised $32,000.  He stated he would like to keep the commitment of providing turkeys.  He asked the Board if they would give $5,000 for St. Vincent de Paul’s food effort from the Board’s contingency fund.  He stated that St. Vincent de Paul is having a press conference next Monday to announce the kick off of the Christmas turkey drive.


MOTION: to disburse $5,000 out of the Board’s contingency fund to St. Vincent de Paul for their turkey drive effort.


Dwyer MOVED, Fleenor SECONDED.


Fleenor thought they should consider doing this on a year-to-year basis.


Handy stated that constituent services were important to him.  He said when they were in the budget cycle, there was information about a constituent service that needed correcting.  He recalled the amount of administrative assistants who would work on constituent service was $50,000 annually.  He said those positions should be $37,000.  He stated he would focus on constituent services as a first priority.  He said if there is room in the contingency fund to do something worthy like this he would like to support it.  He said he was working on constituent services becoming a priority in the various commissioner offices.


VOTE: 5-0.


f. ORDER 09-7-21-2 Establishing the O&C Lands Task Force and Providing  Direction


Fleenor recalled that they originally gave this task to Alex Cuyler, Intergovernmental Relations Manager. Fleenor indicated that Cuyler made a good attempt at summarizing what he thought he heard the Board request.  Fleenor stated that upon review, he decided to do another resolution that was less confusing with regard to the objective.  He said they weren’t interested in the O & C  Association.  He indicated that they were interested in coming up with a set of principles that guide their decisions on whether they want to continue membership in any particular organization.  He thought it was presumptuous on the Board’s part to dictate to a certain organization how they should revise their bylaws.  He thought it would be more diplomatic to layout what they think would be the minimum guiding principles by which they would make a determination as to whether they would be a member of a particular advocacy organization.


MOTION: to approve ORDER 09-7-21-2.


Fleenor MOVED, Dwyer SECONDED.


Stewart thought they were just discussing membership in the O & C Association.  He heard concerns about open meetings law and mission statements.  He asked if this task force will get them to the opportunity to where they decide whether or not they are going to be a member of the O & C Association.  He didn’t think this order answers some of the concerns he heard among the Board.


Fleenor indicated with the last bullet item, the Board may utilize an examination of any efficacy it may choose to join.  He thought that gave them latitude.  He added that they might have a set of principles that might not be applicable to every advocacy organization.


Stewart thought the group would establish concerns that as the task force, they could decide whether or not they want to continue to be a member and use those principles or recommended changes to try to influence the Board to make some changes during their annual meeting or at a special meeting.  He thought if things couldn’t get changed in the future that Lane County might not be part of the organization.  He asked if they would be able to get Board support to do this.


Fleenor wanted to take a broad look at the principles and policy issues that they as the Board of Commissioners, (representing the citizens of Lane County) would like to see as part of the mission of any particular organization.  He stated they were just suggested criteria that they might utilize.  He thought they needed to have a systematic check off list to go through.  He said if the Board at the end of 90 days does not think it is an acceptable work product, they could go into more detail.


Dwyer commented that they want the benefit of being in an organization but they don’t want to pay the dues.


Handy wanted to see benchmarks and outcomes. He thought it was important that the committee do what was asked of them, to address the outstanding issues that have come up in the community.  He didn’t think it was presumptuous to propose bylaw changes to another organization.  He said if they are going to be involved with another organization, they have to work together and they have to change.  He commented that for him to support being involved with the O & C lands, it would have to be predicated on some reform.


Stewart said he would continue to participate and he will try to make sure the comments and concerns are represented.  He hoped the finished product will reflect what was requested and they can move forward.  He was concerned that this was vague and broad.  He wanted to make sure they weren’t wasting their time.


VOTE: 5-0.




a. Announcements


Spartz indicated that in the past Lane County has sent out annual reports to the citizens updating them on what the Board is doing and what they have done with County government during the previous year. He thought they could send out information to the citizens about each commissioner and what is important in their district.


Dwyer said printing was a small cost.  He thought the costliest part of an area wide mailing was the postage costs.  He thought they should do this on a household basis so they don’t duplicate any areas.  He asked what the cost would be and where the money would come from.


Spartz hadn’t checked with the post office and didn’t know the number of households or what Third Class mailing rates were.  He thought it would cost about $25,000 to distribute the reports plus the cost of printing.  He said if the Board wants to move forward with this, he would identify a source of money.


Fleenor supported the idea.   He said they have a challenge to get information out to the citizens as to what Lane County does. He didn’t think they have taken the opportunities over the past few years to do so.  He wanted to build this into their budget each year that gives them a minimum opportunity to contact all of the households.  He agreed that Spartz should come back to identify the source of the money.


Handy thought this fit with their community outreach.  He also wanted to build this into the budget and for Spartz to come back to identify options for funding.


Dwyer commented that timing is critical.  He said if it comes before an election, it will be deemed to be part of the election.  He thought it should come in March of any year.  He added if they are going to do something this year it should be sent out late in the year.


Stewart concurred with the comments made.  He supported this effort. He said it meets the goal of the Board to do outreach educational opportunities.  He said it is an opportunity to capture what had been accomplished.  He wanted to get something out soon about what was accomplished this past year.


Spartz said he will develop costs and identify the source of money to do this.  He added that he will come back to get approval and then they will start approving the document for final publication.


b. ORDER 09-7-21-9/In the Matter of Awarding Funding for Projects Selected in the 2009-10 Economic Development RFP General Allocation Cycle


Mike McKenzie-Bahr, Economic Development, explained that this is the annual general allocation allotment.  He indicated that this is an annual process the Board goes through to award special project funding to County departments.  He said they send out request for proposals to County departments and then they go through a process of meeting with the department who submitted an application.  He added that those applications are reviewed by the Economic Development Standing Committee and their recommendations are brought to the Board for potential funding.


McKenzie-Bahr noted changes in this year’s process included the presentations in front of the Board.  He added at that point in time the Board decided to open the round back up.  He said they did that for six weeks and met with additional potential applicants, but they did not receive any additional applications.  He indicated that for this year they originally budgeted $472,000 into the process.  He said in the eighth quarter of last year they took a 40 percent hit on the video lottery allocation.  He reported that this year they reduced this year’s allocation by 40 percent, anticipating what the legislature would do. He added that the legislature gave a 15 percent hit.  He said that would make it $350,000 that they currently have to award in this round.  He added that in order to do that, they have to move $50,000 out of the strategic opportunity reserve fund.  He indicated it is a video lottery reserve fund and not part of the general fund.  He said it is unspent dollars each year from video lottery.  He stated that this year they allocated in the regular budget process some of the strategic reserve to meet potential offsets they thought would be coming in this year’s funding. He indicated that they will still bring in close to $1 million. He reported that $300,000 would be allocated for next year for Economic and Community Development; $350,000 for general allocation and the remaining for the open cycle and then the rest to be put into the reserve fund. 


McKenzie-Bahr stated the recommendation is to award $175,000 to Lane County Sheriff’s Office preparing inmates for community work and $175,000 to Lane County Youth Services Martin Luther King Education Center and to authorize that $50,000 be moved from the strategic opportunity reserve fund to the strategic investment fund within the special revenue fund.


MOTION: to approve ORDER 09-7-21-9.


Dwyer MOVED, Stewart SECONDED.


VOTE: 5-0.





a. Announcements


Richardson reported that she would put together list of committees that couldn’t comply with the Good Governance board order.




a. Announcements


Stewart Bolinger reported that he sent his report to the Board. (Copy in file).  He indicated that he will be conferring with his audit colleagues to help HACSA with compliance.








a. ORDER 09-7-21-10/In the Matter of Adding Two (2) FTE to the Sheriff's Work Crew for FY 2009-10 and Appropriating $374,918 in Revenue and Expenditures in Special Revenue Fund 263 Lane County Sheriff's Office.


Doug Hooley, Sheriff’s Office, asked the Board to approve two FTE Deputy Sheriff’s positions at an annual cost of approximately $195,000.  He indicated that these positions and their associated materials and services will be paid for by new revenue generated by contracted work performed by the Sheriff’s Work Crew this fiscal year in the amount of $374,918.  He reported that the two positions they are seeking approval for are necessary to accomplish the work.  He added the addition of two FTE Deputy Sheriffs would represent an increase in capacity for low level short term offenders of about 40 percent.


MOTION: to approve ORDER 09-7-21-10.


Stewart MOVED, Handy SECONDED.


VOTE: 5-0.






Co-Adopting the Florence Comprehensive Plan “Realization 2020”, and Applicable Refinement Plans to Complete Periodic Review for the Urbanizable Area Outside Florence City Limits and Within the Urban Growth Boundary and

Adopting Savings and Severability Clauses. (File No. PA 08-5142, Florence)


Stephanie Schulz, Land Management, recommended December 2 for the Sixth Reading.  She had a further conversation with a planner with the city of Florence on the work they are doing in developing their IGA.  She thought for the hearing it would be good to have a product to present to have people react to.  She said if it turns out the development of the IGA proceeds at a swifter pace, a hearing could be announced and published to the public for the opportunity for testimony.  She added that staff recommends keeping the record open to accept any written material.  She indicated that the Planning Commission would like an opportunity to review material and to provide a recommendation to the Board.  She hoped December 2 would allow time for that review.


MOTION: to approve a Fifth Reading and Setting a Sixth Reading for December 2, 2009 for Ordinance No. PA 1249.


Fleenor MOVED, Dwyer SECONDED.


Fleenor modified his motion to keep the record open to December 2.


Dwyer agreed.


VOTE: 5-0.


b. FOURTH READING AND SETTING FIFTH READING/Ordinance No. PA 7-08/In the Matter of Amending Chapter 10 of Lane Code to Revise and Add Provisions for the Interim Urbanizing Combining District (/U) Applicable Within the Florence Urban Growth Boundary (LC 10.122-10, 10.122-13, 10.122-14, 10.122-15, 10.122-30, 10.122-31) (File No. PA 08-5142, Florence). (Marsha Miller, Public Works Director; Stephanie Schulz, Planner) (NBA & PM 11/05/08; 12/10/08, 04/08/09)


MOTION: to approve a Fourth Reading and Setting a Fifth Reading for December 2, 2009 for Ordinance No. PA 7-08, with the record to be kept open to December 2.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.



c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1258/In the Matter of Adopting the Coburg/ Interstate-5 Interchange Area Management Plan as a Reminement to the Lane County Transportation System Plan and Co-Adopting the Plan as a Refinement to the City of Coburg Transportation System Plan; and Adopting a Severability Clause (File No. PA 09-5027, City of Coburg) Second Reading and Public Hearing 8/5/09.


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on August 5, 2009 at 1:30 p.m. for Ordinance No PA 1258.


Dwyer MOVED, Stewart SECONDED.


Handy asked how Coburg and Lane County were addressing the question of interchange capacity being focused on industrial development.


Celia Barry, Public Works, said that question could be asked on August 5 with ODOT staf will be present.  She sent an e-mail to ODOT staff and it was their opinion that the issue is addressed in the policies in Section 6.  She reported there are at least three policies that discuss protection of the interchange and not allowing certain levels of traffic increases until Coburg updates their Comprehensive Plan.  With regard to limiting to industrial development, she said it was not addressed.  She thought it would be a matter that Coburg will address as part of their Comp Plan update.


VOTE: 5-0.








Sorenson attended part of the meeting on homelessness from the state of Oregon Advisory Council on Friday July 17.  He reported that this year for the annual homeless count there were 2,684 homeless counted or a 27 percent increase over last year.   He announced the resignation of  Senator Vicki Walker.  He added that the Secretary of State’s office determined the resignation was effective July 12, 2009 and they are informing the Democratic Party of Oregon and the Lane County Democratic Central Committee that they are allowed to make nominations for the vacancy to the Board of Commissioners.  He said they have scheduled their Democratic Convention for July 30.  He said the Board will interview the candidates on August 4.  He reported that last week he, Handy and Mayor Piercy attended the Food for Lane County event to help prepare sack lunches for children.


Dwyer announced that St. Vincent de Paul postponed the press conference and it will be rescheduled.  He said he would notify the Board when he hears of the new date.


Fleenor announced he was having his 137th community dialogue at the Walton Mountain Country Kitchen.


Handy reported that in the Bethel area tomorrow afternoon farmers and the community  have organized the first Farmers Market in Bethel at the Peterson Barn. He noted the Governor’s Committee on Homelessness was in Eugene last week.


Stewart recalled that last Tuesday he took a tour with the Oregon Department of Forestry to show how SB360 would be implemented.  He said on Friday there was a tour and dedication of the McKenzie River Track at Blue River.  He announced the Hazeldell Fire Station dedication took place on Saturday. He indicated that Coburg Golden Years and the Bohemia Mining Days took place last week.  He reported that tomorrow and Thursday he will be at the Resource Advisory Council for the Umpqua, Siskiyou and Rogue RAC in Roseburg.  He hoped they could get money to support the Forest Work Camp crews to support more projects.  He announced there was notification of the AOC District meeting on August 21.  He reported there is a Town and Country Garden Tour this weekend that is a fundraiser for South Lane Mental Health.  He announced that Friday he and Sorenson will be guests of the City Club to discuss Lane County’s budget.  He distributed a letter to the Board that he handed out to LRAPA.  He said it was his response to the activity that took place.


16. EXECUTIVE SESSION as per ORS 192.660






Letter to the Springfield City Council


Dwyer said the Springfield City Council would be glad to relinquish their ownership in the LCARA facility if the Board would send them a letter requesting it.  He wanted the Board to send a letter to the Gino Grimaldi, Springfield, requesting that they relinquish their share of the facility so if Lane County has a capital program to build something, they will have ownership.  He added that he will ask the city of Eugene to do the same.


MOTION: to direct Jeff Spartz to write a letter to the city manager and the city council pursuant to his conversation with Grimaldi requesting the relinquishing of the LCARA facility.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Sorenson recessed the meeting at 5:00 p.m.



Melissa Zimmer

Recording Secretary