July 8, 2009

following HACSA

Harris Hall Main Floor

APPROVED 7/21/2009


Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy present. Faye Stewart arrived at 11:00 a.m. County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.












Sorenson announced that Joe Daunt, his assistant is leaving.  He said that Daunt had been working for him for five years.  Sorenson announced that Daunt will be working at the Beaverton Library.  He indicated that Ashley Miller will be taking his place.  He noted that tomorrow is Daunt’s last day.


Handy thanked Daunt.  He commented this was why it was important to have part-time help for constituent services.








A. Approval of Minutes


B. Assessment and Taxation


1) ORDER 09-7-8-1/In the Matter of a Refund to Swanson Group Manufacturing, LLC in the Amount of $103,832.20.


C. County Counsel


1) ORDER 09-7-8-2/In the Matter of Amending Chapter 3 of the Lane Manual to Revise the Membership of the Vegetation Management Committee (LM 3.552).


D. Public Works


1) ORDER 09-7-8-3/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Emerson Lane, a Public Road (12-03-05).


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.






Fleenor recognized Cary Lieberman, Greenhill; Dr. Sandra Smalley, Lane County Veterinary Association, Tom Howard, LCAS and Deanne Riley from the city of Eugene for their help regarding the Feral Fix Program.


b. PRESENTATION/Working for You Video.


Amber Fossen, Public Information Officer, distributed information on the adverting distribution of the Working for You Videos. (Copy in file).


Fleenor asked if Lane County could get corporate sponsorships like Oregon Public Broadcasting.  He thought the Sea Lion Caves could sponsor a 15 second clip.  He thought in the future they should discuss a budgeting process dealing with federal and state monies.


Sorenson wanted to continue with the Working for You Video series and their promotion.  He wanted to see department directors involved so the public knows who they are.  He asked about setting up a Twitter.


Fossen thought it was a good idea.


Sorenson asked about the e-mail addresses of people interested in public safety.


Fossen said she is working with IS to test drive a list serve, to go onto the website and click to sign up what type of information they want to receive.  She wanted to do something on line.  She thought if it could be more automated to allow the user to self-select what kind of news they want and what they want to be involved in, it is providing information in a way they want to receive it.


Fleenor preferred sending an e-mail and have them opt out in the initial round. He thought it was something they should definitely pursue.


Spartz resented being automatically opted in.  He said they need to consider that carefully.


Dwyer agreed.  He added that they need a disclaimer to make sure the e-mail was not being used for political purposes.


Sorenson thought they needed to tell the public the information they receive is public information.




a. Announcements






a. Announcements


Richardson indicated that she had reviewed Justice St. Clair’s letter and it was not an emergency.  She will work to get a board order prepared.  She was asked to review HB2626. She said if there was interest from the Board, then they could have a work session.


b.  ORDER 09-7-8-4/In the Matter of Adopting the Memorandum of Understanding Between Lane County and the Lane County Fair Board.


Andy Clark, Assistant County Counsel, explained that the Memorandum of Understanding is to provide the framework for the understanding between the Board of Commissioners and the County Fair Board.  He added that it relates to how the division of labor happens between the County Fair operations and the rest of the operations at the fairgrounds for the time period not designated for the County Fair.  He noted that the MOU was edited from the previous one.  He recalled that prior to 2008; the Fair Board had been in charge of most of everything taking place at the Fairgrounds.  He added that the Board made the policy decision to switch to more of a bifurcated system where the Fair Board deals with the Fair, and the Events Center staff deals with everything else.  He indicated that this MOU is to reflect that policy decision.


Fleenor asked if there were any issues or concerns that might not have been addressed.  He asked what the ultimate vote was for the adoption of the MOU by the Fair Board.


Clark responded that the MOU was discussed on the agenda for the first Fair Board meeting.  He indicated that it was the prime issue on the agenda.  He recalled that all five member of the Board were present, including Cindy Land.  He said issues were discussed but nothing controversial came up.  He noted there were two minor editing changes and the Board approved the version 5 to 0.


Fleenor asked if there were any issues that were contentious that were not resolved.


Clark said had there been any issues that arose, he wouldn’t have let the Board vote on what was before them.


Fleenor asked if the Fair were to be sued if the County’s risk management fund would provide the necessary resources to defend the Fair and the Fair Board members.


Clark said the Fair Board is different than other County departments in that they arrange to have separate private insurance coverage for the Fair Board.  He said it is not covered by the County’s self-insurance risk fund separately.


Fleenor asked if Stuart Bolinger, Internal Auditor, had authority to audit the Fair.


Richardson reported that for the first two years they are using Rick Reno as Fair Manager and the Fair Board has agreed to that.  She said all the staff will be running the Fair.  She indicated personnel are still Events Center staff and the Manager is an Events Center staff person.  She indicated that anything the auditor would be looking at would be either a County person or program.  She didn’t see an issue about auditing for the first two years.


Bolinger indicated that Finance routinely each year goes to the Fair and reviews the cash control process to its conclusion.  He added that the ride operator had initiated a cash card system to minimize the free flow of cash so they would have little risk. He said they have to make sure the controls are strong.


Rick Reno, Fairgrounds, said when he came into the position he was pleased to see what the financial staff had already in place with auditing.  He indicated that they have four major areas where cash comes in: rides, food, admissions and the paid concerts.  He noted there is an internal auditor auditing process with the food vendors in addition to the regular auditing that comes over from the County.  He said they have tightened up on admissions to get a better handle.  With regard to the concerts, he indicated they have also tightened up the policies.  He was comfortable with the internal measures as well as auditing from the County.


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


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.




a. FIFTH READING AND DELIBERATION/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, 4/14/09, 5/6/09 & 5/20/09).


MOTION: to move to table.


Dwyer MOVED.


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


Sorenson indicated they would let this die by having a discussion and not having a Sixth Reading.


Dwyer commented that the more risks with government, the more freedoms they lose.  He thought it was offensive that government is telling everyone what to do about everything.


Fleenor understood the need for statewide consistency but he commented that when local control is pre-empted, it takes away their freedom.  He said they need to be careful about giving up freedoms through the state and federal government.


Dwyer thought about challenging the legislative authority for Multnomah County.


Handy wanted to pursue the Café Today contract, to have them list the calories for their menu items.


Fleenor thought they needed to be careful about violating the law and the unintended consequences.  He thought they could put Cafe Today at a competitive disadvantage.  He added that they need to be careful about singling them out  He thought that it could create a difficult situation.


There being no further business, Commissioner Sorenson recessed the meeting at 12: 10 p.m.



Melissa Zimmer

Recording Secretary