June 24, 2009

following HACSA

Harris Hall Main Floor

APPROVED 7-28-2010


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 Tracy Gravette were also present.




Consent Calendar item E. 2) was approved yesterday and won’t be on the Consent Calendar today.  Handy asked to pull 6 F.1) from the Consent Calendar.




Randall Hledik, Wildish Sand and Gravel Company, spoke about agenda item 11 b.  He said this afternoon the Board will be considering a piece of County owned property.  He indicated the sale of the property is to McKenzie River Trust for an offered price of $19,000.   He stated that on behalf of Wildish, he would like to offer $25,000 cash for the same piece of property. He indicated that they are aware of the ramifications and difficultly of title of the property.  He said it is zoned EFU and they are aware of restrictions.  He stated that they do not want to seek rezoning to sand and gravel or for a conditional use permit.  He noted that it is immediately upstream from their operations and it is important for their protection of water intake downstream from their property and to their own conservation efforts.  He asked for his offer to be considered for the 19 acres.


Ryan Ruggiero, McKenzie River Trust, Eugene, stated that the trust would like to purchase the property downstream from Armitage Park. He recalled that they were asked to explore alternatives to an outright purchase.  They concluded that acquisition of the property by the trust is the best way to protect that part of the McKenzie River.  He added that if a partnership is to acquire the property, it will be managed for wildlife habitat and for scenic values.  He said under the fee title scenario, all parties win.  He said that Egge Sand and Gravel would like to see them acquire the property. 


Laura Maitland, Eugene, stated that the Board  will be making a decision that will affect her on Barrett Creek Lane.  She said the matter of legalizing road came to the Board on June 25, 2008 and the Board approved setting a public hearing.  She recalled at that hearing, Fleenor and Marsha Miller were to engage parties to examine a consensual solution as an alternative to legalization.  She indicated from November 2008 to present, that has been done. She stated the objective is to obtain a legally enforceable right of access of all property owners travelling Barrett Creek Lane.  She said they wanted to ensure there was access to emergency vehicles.  She sought legal counsel to draft a document.  She said Mr. Gardner didn’t agree to sign a reciprocal easement and without that vote it is null and void.  She said without Gardner’s signature, none of them have legal deeded access to their property and no one can sell property unhindered because they need legal deeded access.  She wanted the Board to pursue the implementation, authorizing County road funds to seek legalization of Barrett Creek.


John Maitland, Eugene, indicated that this has been going on since 1993.  He noted some properties do not have deeded access to their property.  He said there needs to be road improvements for emergency access.  He said it is in the best interest of the property owners who have used Barrett Creek Lane for 50 years.




Stewart asked if Hledik could be involved with the board order later.  He wanted to know what their conservation efforts are and if the Board is able to place conservation easements, if Wildish would still want to purchase the property.


Fleenor reported that last night the Board met with the 100 Percent Access Coalition.  He said access doesn’t guaranty complete health care.  They discussed working with this collation to find a solution for small businessmen regarding medical insurance using economic development money.


Handy also wanted Ruggerio to be on hand to discuss the Wildish issue. 




a. ORDER 09-6-24-1/In the Matter of Adopting the FY 2008-2009 Supplemental Budget 4, Making, Reducing and Transferring Appropriations.


Christine Moody, Senior Management Analyst reported that there is not a requirement for a public hearing for this as there are no changes over the ten percent threshold.  She indicated that they needed to change three fund names to match names of the department.  She said appropriations for AFSCME Cola’s were put into the budget along with some funding in Health and Human Services for the American Recovery Relief Act; and in the Sheriff’s Department with Title III funds for Search and Rescue.  She indicated that some money was going back to the general fund for $60,000.  She noted there is an interfund loan between the general fund and the special revenue fund in Management Services for the task of foreclosed land sales.  She added because the amount of the sales was lower, the department had to borrow the money and repay it back by June 30, 2010.


MOTION:  to approve ORDER 09-6-24-1.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


b. PUBLIC HEARING AND ORDER 09-6-24-2/In the Matter of Adopting the 2009-2010 Lane County Budget, Making Appropriations and Levying Taxes.


Commissioner Sorenson opened the Public Hearing.


Carol Berg Caldwell, Eugene, commented that everyone wins by funding public safety.  She urged citizens to get behind a voluntary fund drive for the jail. She thought a tax could be a part but it was not her preference.  She said  if the community fails to act long term, then they can’t fault the Board. 


Hal Reed, Eugene, thanked the board for responding to the concerns of the citizens about public safety.  He commented that the funding of 84 jail beds was a good start, but there is more to do.  His concern was about the O & C organization.  He asked the Board to restore Lane County funding in support of the organization.  He noted that Lane County’s portion is $37,000.  He said the group came up with $500,000 extra for Lane County alone.  He thought it was a good cost benefit ratio and the Board should consider this.


Fred Hamlin, Eugene, encouraged the Board looking into Volunteers in Medicine because they do a great job.  He urged the Board to think about the return on their investment with regard to the O & C funding.  He thanked the Board for the 84 jail beds.


Scott Bartlett, Eugene, said there was controversy over the jail beds and he was glad it was resolved.  He wanted to see how it works. He hoped the Board can restore a sense of team work.  He said the County needs to tell its story about how they save lives every day.  He said last year they took $70,000 for Lane County Animal Services and directed certain expenditures be done. He hoped they can do it again this year so certain things can happen.


Karren Cholewinski, Eugene, represented the Extension Service.  She thanked the Board for rent forgiveness for another year.  She hoped that stays.  She appreciated another year of keeping services available.


There being no one else signed up to speak, Commissioner Sorenson closed the Public Hearing.


Dave Garnick, Budget and Finance Manager, brought this item back and the only change from last week was noted on page 4, having to do with the Lane Events Center.  He indicated they made changes in how the ice arena operates and the reductions in FTE.  He noted that it has been built into the board order.  He added the  rest of  the changes have been made including an additional technical adjustment to reduce a grant for visitor marketing services because revenues have been down in the TRT and they weren’t able to negotiate as high as they like.


Moody noted in the PERS bond fund that there is more revenue, as they added positions back for jail beds and they made the change.


MOTION: to approve ORDER 09-6-24-2, making appropriations and levying taxes. To have the budget reflect budget notes within expenditures for Lane County Animal Services fund 283 for the following targeted allocations: 1) $4,000 at the rate of $1,000 to $1,300 per term for an identified University of Oregon or comparably higher education student intern to advise staff and the Board on identifying state of the art successful marketing, revenue and dog license sales programs and identifying state of art shelter, modernization and replacement process across the region and the nation;  2) $15,000 for expenditure for mailing inserts promoting dog license purchases and LCAS adoption services to be tailored with County mailings with  local utilities that serve rural unincorporated Lane County;  3) $10,000 for professional materials for LCAS marketing a comp plan and for sufficient dog license/adoption promotional and poster/ signage advertising materials suitable  for thorough distribution at veterinarian offices and pet supply establishments within the metro and unincorporated areas;  4) $15,000 for implementation of a canvas designed to promote new and renewed dog licenses and 5) LCAS and Health and Human Services staff shall make quarterly written reports to the board as to the implementation of directives as stated above.


Fleenor MOVED, Dwyer SECONDED.


Dwyer commented that this is prescriptive.  He said they give them the operational latitude; they have discussions and tell them what direction to go.  He said the budget note is appropriate.


Fleenor said this is within the existing funds, no additional funds are appropriated.  He indicated they are asking LCAS to do these tasks within their allocated budget.


Garnick indicated they would have a footnote to the adoption order that incorporates this language.


Dwyer wanted it to state that it is a budget note.


Sorenson said they are concluding a lengthy process that began with the Budget Committee on April 30.  He said at that point the Budget Committee received the proposed budget and held extensive work sessions, deliberated and reached a decision to approve the budget.  He said the approval was May 19. He said since then they have worked to balance the budget with no significant tax increases, working within the dollars given to them by taxpayers.  He said it has not been easy or fun.  He said it required them to make adjustments since the passage of the budget on May 19.   He said the changes were the addition of jail beds for adult corrections.  He recalled a year ago the board unanimous voted to close the Forest Work Camp and this year they voted to reinstate the 84 jail beds and reaffirm the closure of the 100 beds at the Forest Work Camp. 


Handy thanked the citizen members of the Budget Committee for understanding the challenges, pitfalls and opportunities.  He was cautiously hopeful the budget they crafted survives the cuts from the state.  He said the action to fund important services is a good step in the right direction and they need sustainable funding to keep the priorities going.  He said the federal government has an obligation to them and the state is in a cautious environment in a tough economy.  He said they need to turn to each other to find funding. 


Stewart questioned the justification of some of the items in the budget. He wanted to see how they will be addressed in the future. He was concerned with the budget note.  He didn’t want to be so prescriptive in the operation of LCAS.  He worked with staff at LCAS and found them cooperative and they work well with suggestions. He believed the budget meets the needs of the citizens as to what was communicated to the Board and Budget Committee through public input.  He commented that they have hard work ahead of them.  He looks forward to looking for long term solutions to improve things for the citizens.


Dwyer said there were services that are anemic he and would like to boost up.  He said the budget note was prescriptive because they asked for something to happen and it never happened. 


Fleenor said they listened, heard and took action.  He said they added back 84 jail beds and five District Attorney staff positions.  He said they also added to Human Services who are being hit hard by the economy.  He said they need to be cognizant of obligations they incurred by restoring 84 jail beds.  He said they have to recognize the financial obligations don’t stop after this fiscal year but it is an ongoing challenge.  He said Secure Rural Schools renewal will be running out in 2012.  He is pleased they are working with the Sheriff, District Attorney and the public for a long term solution for ongoing needs for public safety.   He hoped this was a new beginning of cooperation and trust.


VOTE 5-0.








A. Approval of Minutes


B. Assessment and Taxation


1) ORDER 09-6-24-3/In the Matter of A Refund to Swanson Group Manufacturing, LLC in the Amount of $121,074.64.


C. County Administration


1) ORDER 09-6-24-4/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Lane Events Center for FY 09-10.


2) ORDER 09-6-24-5/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Florence Events Center for FY 09-10.


3) ORDER 09-6-24-6/In the Matter of Approving the Use of Transient Room Tax Funds for Campground Operations Purposes in Lane County Public Works – Parks Division for FY 09-10.


D. Children and Families


1) ORDER 09-6-24-7/In the Matter of Delegating Authority to the County Administrator to Execute Amendment 3 to Oregon Commission on Children and Families 2007-2009 County Healthy Start – Medicaid Administrative Activities Intergovernmental Agreement LAN0709.


E. County Counsel


1) ORDER 09-6-24-8/In the Matter of Appointing an Alternate Representative to the Oregon Coastal Zone Management Association.


2) ORDER 09-6-24-9/In the Matter of Welcoming Participants to the 2009  USA Outdoor Track & Field Championships and Designating Elected Officials as Lane County Ambassadors. (PULLED)


F. Public Works


1) ORDER 09-6-24-10/In the Matter of Amending Chapter 60 Of the Lane Manual to Establish a Special Benefit Fee for Property Subject to Vacation (LM 60.853).


MOTION: to approve the balance of the Consent Calendar.


Dwyer MOVED, Stewart SECONDED.


VOTE: 5-0.


6 F.1)  Sorenson said Handy pulled this item.


Handy asked what criteria would be used if they gave it to the Public Works Director.


Jackson said they will have an initial look at this and then it will be given to Marsha Miller, Public Works, to make the determination.


Miller said the special fee is comparable to the appraisal.


Dwyer he said at all times it has to outweigh the public benefit.  He said it will slow down the request for these types of appraisals.


Jackson added they now have true costs added on top, and then a letter would be given with values.


Miller indicated that if there were any questions, they could bring it to the Board. 


Handy wanted an annual report on vacation scenarios and how they are resolved.


MOTION : to approve ORDER 09-6-24-10.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. DISCUSSION/Letter to Congressman Peter DeFazio. 


Alex Cuyler, Intergovernmental Relations Manager, stated that he watched the discussion last week and he talked with Spartz and they discussed the letter. Cuyler changed paragraph 2 and the second to last paragraph that speaks to the intention to work with a broad based coalition. He read the letter into the record.


Three changes were recommended.


MOTION:  to send the letter with the recommendations.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. Announcements




b. ORDER 09-6-24-11/In the Matter of Approving Projects Submitted under Title III of the Secure Rural Schools and Community Self-Determination Program, P.L. 110-343 for Fiscal Year 09-10.


Moody said the majority of these are projects already reviewed and approved in fiscal 08/09.  She indicated that these are amounts allocated for next year.  She said they have to advertise each year for projects and they received an application from the Department of Forestry.


MOTION:  to approve ORDER 09-6-24-11, with the addition of the Department of Forestry for $61,000.


Stewart MOVED, Fleenor SECONDED.


Stewart said they have worked with the Oregon Department of Forestry in helping with SB 360.  He indicated the funds will help in getting the project moving forward faster.  He said they have $750,000 in the ending balance and the money to fund this.


VOTE:  5-0.


c. REPORT BACK/ORDER 09-6-24-13  Appointing Members to the SAV-IT Committee.


Sorenson reported that Chris McCoy is the liaison to the committee.  They discussed possible members to be placed the committee.  Stewart recommended Denis Hijmans. 


Sorenson asked if the people are appointed for the duration of the term of commissioners.


Richardson said because the SAV-IT Committee is a trial run, (unless they say otherwise) the appointments would be for two year terms.


Sorenson read the board order into the record.


MOTION: to approve 09-6-24-13.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. Announcements






a. REPORT/Auditor's Communication with Those Charged With Governance.


Jim Lanzarotta and Kevin Mullerleile of Moss Adams, gave a presentation on the Auditor’s Communication with Those Charged with Governance. (Copy in file).




a. DISCUSSION/ORDER 08-8-20-2 Legalizing a Portion of Barrett Creek Lane, Located in the Northwest One Quarter of the Southeast One Quarter (NW1/4SE1/4) of Section 34, Township 18 South, Range 12 West of the Willamette Meridian, and Adopting Findings of Fact (18-23-34-42).


Mike Jackson, Land Management, distributed photos. (Copy in file). He said August 20, 2008 the Board held a Public Hearing to legalize the road. He said the Board chose to postpone the vote. He said Fleenor and Marsha Miller got people together in meetings to sign the document. He said Mr .Gardner did not want to sign this. He said Gardner’s property overlaps the road.


Fleenor said it is an easement all property owners worked on at great expense and time all signed except for Gardner.  He said the neighborhood worked hard in good faith and they got stuck at that point.


Jackson said the neighbors could treat this as a private civil matter where the neighbors could look into legal action or to sign the document that would legalize the road today.  He said they could adopt the resolution as open public access or direct staff to do something else.


MOTION: to approve ORDER 08-8-20-2.


Dwyer MOVED, Fleenor SECONDED.


Fleenor said this has been in the process for over 18 months and it is contrary to what they do.  He wanted to move the matter forward for the benefit of the citizens. He said they already had public comments and a public process and it satisfies Lane Manual and  Lane Code.


Dwyer said Gardner has access and he doesn’t want to give access to the others.  Dwyer stated that it was a straight process to finalize this issue.


Sorenson hoped the Board would approve the order today to issue the final order.


VOTE:  5-0.


Miller said they will come back to board with other actions.  She indicated that they don’t have money to retain the road.


b. ORDER 09-6-24-12/In the Matter of Authorizing the Sale of a Parcel of County Owned Road Fund Real Property Identified as Lane County Assessor’s Tax Lot 300 on Map 17-03-04.


Sorenson said the property is a river bar in the McKenzie River and proposed to be sold for $19,000. He added that there was public comment earlier from Randall Hledik who offered $25,000.


Frank Simas, Public Works, said they were before the Board on May 6 and at that time the Board met with representatives from McKenzie Trust to enter into an agreement where Lane County becomes ownership of the trust and the trust would manage it under a conservation easement.  He met with trust representatives and based on discussions and what they told him, they are not able to operate under this type of arrangement.  He added that due to the restrictions of money, the trust needs to have fee simple ownership of the property.  He said since that time, representatives of the trust met with Egge Sand and Gravel and they indicated the willingness to work with the trust for occasional access to the property.  He added they heard from Hledik and in the handout was an e-mail from Egge Sand and Gravel and Wildish stating an interest in purchasing the property if the Board doesn’t sell to McKenzie River Trust.  He said the sale of the property to the trust is consistent with Lane County goals with resource planning allocations.  He indicated that the trust would manage the property in perpetuity and based on discussions with the trust, staff recommendation is to approve the order conveying the property for $19,000.


Stewart wanted to hear about the offer  from Wildish and if it is something that could fit.


Hledik said in 1999 they were invited by McKenzie Watershed Council to participate in the McKenzie Willamette Rivers Confluence Steering Committee of property owners, conservation and state, federal and local government agencies and the county, to collaborate their efforts.  He indicated this was the result of a three year effort. He said they participated in the development of the document for  land use, flood control and habitat enhancement guidelines for the confluence areas of the McKenzie and Willamette Rivers. He said it talks about the values of the area and the hopes and outlines for future activities.  He noted since 2001 they completed two of four projects. He reported that one project was completed with the McKenzie Watershed Council and the other project was done with no governmental funds.  He stated in the past that they have cooperated with the McKenzie River Trust and Friends of Buford Park and Mt.. Pisgah to enhance habitat for those types of projects.  He noted that Wildish is the last remaining family who owns a sand and gravel company and the family wants to participate in these types of activities.  He indicated for a conservation easement, they would be open for exploring though an easier approach.  He thought the objectives would be a deed restriction in the transference of title.  He stated that they have no plan to extract sand and gravel, they are fine to keep it in its natural state.  He said they wanted to acquire the southern portion to have for many years.   He said are willing to sit down and work with McKenzie River Trust or another entity to seek mutually beneficial improvements or enhancements on the property.


Dwyer thought the most appropriate way to deal with this is through a management plan.  He said if they are going to have a bidding war, he doesn’t want to sell it at all.


Hledik assumed when this property was available that they would have known about it.  He recalled that several weeks ago they indicated to Simas they were interested in the property. He wanted to have a fair opportunity to put in a bid in a fair and transparent manner.  He said that didn’t transpire.  He stated that he is ready to pay $25,000 cash for the property.


Fleenor thought they should roll this and allow additional time for consideration  for additional input and the two parties could work something out.  He recommended rolling this unless there is a timing issue.


MOTION:  to roll this for further reconsideration to August 5 and instruct staff to work with stakeholders and come back with options to meet everyone’s needs.


Fleenor MOVED, Stewart SECONDED.


Simas wasn’t sure of the Board’s direction with regard to the terms of options. 


Fleenor said this is not a financial laden decision.  He hoped the stakeholders would work something out that would be mutually compatible.  He said they want a management plan.  He wanted to accommodate any concerns of the Wildish Company if the McKenzie Trust purchased the property.


Sorenson indicated that if something is unsatisfactory, they could come back and let them know.


Stewart had a neighboring property owner came in unaware of the sale.  He agreed with Dwyer that it is not about money, it is about a key piece of property in the river.  He said there is no plan.  He thought it warranted the courtesy of neighbors.  He added that if there is a future plan, he wanted to know how it was going to affect people.


Fleenor modified the motion to not include staff as much as necessary.


Stewart agreed.


Sorenson said it will be done in August.


Miller said it sounds like they should meet together to come up with a compromise and to prepare how they would manage the property.  She indicated that  staff will come back with current options.


Sorenson wanted it to be a report back.


Dwyer said Egge doesn’t want to buy property unless there is a bidding war.


VOTE: 5-0.




a. REPORT BACK/Status of Jail Contract with City of Eugene.


Sorenson said Captain Hooley said the Sheriff’s Office thought the contract was fair.  Sorenson indicated that they wanted the contract to go through.  He asked what the status was.


Spartz said all terms and conditions are understood.  He said  there is an escalator clause currently proposed at five percent per year.  He noted that the Sheriff’s Office’s goal is  to equalize with Eugene and Springfield what the feds are paying for the next two years.  He said they are close to a federal agreement. 


Sorenson asked what the plan was. 


Spartz said the understanding is when the Board assigned him to resolve the contract that if they don’t reach a conclusion, he would sign a one or two month extension while they are negotiating.


Fleenor said the Board received information from the Sheriff they need extra resources for the website.


Spartz thought someone from IS could be made available but the revenue needed to be made up.


Fleenor asked if there were other revenues they could tap that would be less than $5,000.


Spartz didn’t know where they could find the money.


Handy thought they needed another month or two to settle the contract with the union.  He thought capacity based release needs more development in how it gets implemented. He said they allocated money for a new resource specialist and thought the money could come from that.


Sorenson indicted that the Board is giving approval to the county administrator to sign a contract between now and June 30 for a short period of time so operations will continue, but they haven’t come to an agreement yet on the longer term contract.


Spartz thought they were close on the terms.  He said they could either approve the agreement or grant an extension.


Dwyer wanted criteria for Lane County.  He noted that Eugene and Springfield  have instructions so when people look on line they can see what criteria was used.  He thought they could move forward with multiple year contracts so they could do other things.


Fleenor wanted a CPI clause, but he would be happy to approve a contract that would have a reopening clause if the CPI is greater than five percent.


Spartz thought they could get that.  He asked what the length of extension the Board wanted


Sorenson thought the extension should be for up to two months.


Spartz asked if he can negotiate the contact to be completed before June 30.  He also asked if he can sign a two year extension.


Fleenor with thought that was okay with a reopening clause.








Sorenson announced that yesterday he attended a barbeque and fundraiser at the Lane County Courthouse in support of ACTSO.


Fleenor announced that he will be having his ongoing serious of dialogs in the community, number 132 at the Eagles Lodge in Santa Clara on Thursday July 2.


15. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(h) for the purpose of discussing litigation.






There being no further business, Commissioner Sorenson adjourned the meeting at 4:15 p.m.


Transcribed by Melissa Zimmer