BOARD OF COMMISSIONERS'
December 3, 2003
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Don Hampton and Anna Morrison present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Sorenson indicated that item 8. D. 1) will be pulled and item 7. e. will be in its place with a new title.
2. PUBLIC COMMENTS
Ben Jeffries, 2036 Olive, Eugene, was opposed to the recommendation of the task force. He said the report talks about a community problem. He said the task force was looking at a small group of pet owners to fund the community problem. He stated the task force recommended a local pet food tax but thought it should be community-wide to take care of the problem.
Gene Scoles, 1931 Kimberly, Eugene, urged the Board to hold public hearings on several separate issues that are raised in the animal regulation proposal.
Lorraine Still, 83076 N. Bradford Road, reported that on June 11, 2003 she appeared before the Board about the Lane County Task Force that was formed at the Board’s direction. She learned the task force had held a number of unadvertised meetings and they questioned whether those meetings were in compliance with Oregon’s Public Meeting Law. She also requested copies of the meetings and the minutes revealed that nine monthly meetings from September 25, 2002 to May 28, 2003 had been held prior to their appearance before the Board. She commented that none of the meetings that took place were ever published in the Register Guard. She noted that David Suchart had indicated the meeting of December 18, 2002 had advised the task force that the meeting did not fall under the category of public meetings and there was no notice going to the public about the meetings. She believed the LCARA Task Force operated illegally outside of the public’s meeting and their recommendations should be totally disregarded.
Carol Titus, 29936 Kelso, believed that LCARA is overwhelmed to be both an animal enforcement agency and adoption facility. She said they need to focus on the service that is unique to their mission: enforcement of health and public safety as it pertains to animals, not to be a government pet shop. She said if LCARA could concentrate on being the best enforcement agency they could be and work with Greenhill as the adoption experts, impounded animals waiting for adoption would not be necessary. She said LCARA couldn’t be successful as both the enforcer and adopter; they need to direct their efforts toward enforcement and do the best job they can. She said everyone shares the same common goal: happy, healthy homes for all adoptable pets. She commented it is achievable if the experts work together.
Sylvia Calderwood, 28104 Spencer Creek Road, Eugene, said she was not part of a special interest group, but a targeted group. She addressed 7.162 in the new suggested codes. She thought they were a disaster.
Janet Van Wormer, 25551 Hunter Road, Veneta, commented that sources for funding animals was being lost. She thought there was a solution for more adoptions and more money for LCARA. She noted the zoning codes in Lane County and the City of Eugene had worked against the largest sources of animal control. She said most people have more pets than what the limit allows and are not in compliance with the zoning code of two pets. She said if people were over the limit, they would not license for fear of reprisal. She noted six percent of the dogs are licensed in Lane County. She said if 30% were licensed, it would bring in additional revenue for Lane County. She said for citizens to comply with licensing their pets, they must not be penalized. She stated that other areas of the country have had successful licensing campaigns with outstanding results without raising fees when the limits were lifted. She said they should work smarter by not raising fees or putting a surcharge sales tax on pet food, or other punitive measures but to coordinate solutions within the code. She urged the Board to study zoning changes for pets as a potential funding source for Lane County and animal control.
Ann Jensen, 1642 N. Danebo, Eugene, stated as a dog owner, she is not opposed to the idea that LCARA needs additional money to function. She tried to provide input to the task force and had been turned away every time. She said a review of the task force’s suggestions show that much of the income that will be generated would be going back into record keeping, personnel and office space to house the materials. She agreed that a voluntarily lifting of the limit laws, replacing them with strict nuisance laws so people must keep their properties clean and quiet would bring in more revenue with less work.
Melanie Foster, 2307 Churchill St., supported the pet food surcharge. She thought it was an equal way for all community members to help support a low cost spay and neuter clinic. She commented they have a crisis and the cattery needs to be funded in full for domestic and feral cats.
Melanie Strahon, 38340 Wendling Road, stated she lives in a rural area where people dump their animals. She said she had been rescuing animals for over 20 years. She wanted understanding and flexibility, not a blanket acceptance of the task force report.
Jill Winans, 29351 Gimple Hill, Eugene, stated she has fostered over 100 cats and kittens this year. She supported a three to five percent pet food tax provided the tax is dedicated to a truly low cost spay and neuter program in Lane County. She said a tax dedicated to low cost spray and neuter directly benefits low-income pet owners. She asked the Board to consider giving truly accessible spay and neuter a chance.
Lynn Ream, 2511 Wood Ave, Eugene, supported a pet food tax. She thought a low cost spay and neuter clinic would be a good cause.
Deanna Kuhn, 27121 Briggs Hill Road, stated she started the Stray Cat Alliance in 2001 to meet the need of low-income families that needed to have their cats spayed and neutered. She noted since they started, they had fixed over 630 cats for low-income families. She was not opposed to a pet food tax if it would go to a low cost spay and neuter clinic.
Barbara Gunther, 343 Calmia St., Junction City, stated she is the Eugene Clinic coordinator for the Feral Cat Coalition of Oregon. She said there is a need in Lane County for the establishment of a low-cost spay and neuter service for feral and homeless cats. She thought a pet food tax with proceeds going to a group independent of LCARA, targeting only spay and neuter will help the problem of the overrun cat population.
Debby Berry, P. O. Box 837, Pleasant Hill, said the purebred animal reputable responsible breeders who are represented by the Eugene Kennel Club have not been provided a liaison voice on the task force that will be representing their opinions to the Board. She said they are a significant percentage of the animal loving population in the County. She wanted to see further input from the public allowed before any serious consideration is given to accepting the ideas. She said the ideas did not represent the voice of the community in whole.
Al Phillips, P. O. Box 2146, Eugene, stated he worked for animal control in the 1960’s. He noted in those days there were seven staff members for 30,000 animals. He stated in the past 12 years, the staff has remained the same but there had been increases in animals. He asked what the operational procedures were so he understood what was working and what needed improvement. He wanted to see more of that in the future. He didn’t think the report stuck with the premise. He wanted more public hearings and more time for input.
Flo Brewer, P. O. Box 186, Junction City, reported she got together with three other people to review the budget for LCARA for the past few years. She noted the concern for the budget of LCARA is there is information missing. She wanted a complete audit of the budget done so it makes sense. She also wanted public hearings.
Jim Gillette, 86340 Needham Road, commented that the Board received a packet that was biased against him.
Bob Graham, 2922 Quiet Lane, stated he is a dirt bike motorcycle rider and favors an off-highway vehicle park at Jim Gillette’s property.
Gerald Reed, 27704 Briggs Hill Road, wanted Jim Gillette’s case to be heard and kept in the county.
Jeff Ammon, 4995 Nectar Way, wanted the case to be brought to the County level.
3. EMERGENCY BUSINESS
5. COMMISSIONERS' BUSINESS
a. ORDER 03-12-3-1/In the Matter of Approving the Benton, Lane, Lincoln, Linn Regional Investment Strategy.
Milo Mecham, LCOG, explained Lane, Lincoln, Linn and Benton counties created the Regional Investment Board. He said it is a requirement of the State of Oregon in order to have available to these counties regional investment and rural investment funds. He noted that every two years the Regional Investment Board is required to develop a new strategy or update its old one. He indicated this was an update of the Regional Investment Board strategy.
Mecham said the strategies are the same, discussing the economic conditions in the four counties and ways to address the problems. He noted the changes that had been made concern the expenditure of the regional and rural investment funds that are provided by the state. He added those funds had been cut back severely from the legislative decisions about economic development. He stated there is less than half the money available to the four counties than there was in the previous biennium.
Mecham indicated the Regional Investment Board decided to focus exclusively on job creation. He said until they create a satisfactory number of jobs, they would not spend money on anything else. He said they want 290 jobs created over the next two years by combining their funds with other funds. He said the criteria the Regional Investment Board is suggesting is that the money be invested at a rate of $3,000 to create one job. He added they wanted a five to one leverage amount in the investment. He said they want to focus on business development, site development, work force development and capacity development. He said they want to give private industry the opportunity to create jobs.
MOTION: to approve ORDER 03-12-3-1.
Morrison MOVED, Dwyer SECONDED.
Morrison hoped they would be able to increase the dollars, but if they can’t they don’t get any more money. She thought that was the way it should be. She noted the changes that were made are more wordsmithing in order to comply with what the legislature came up with. She said there were no dramatic changes.
Hampton concurred with Morrison about the clear focus from the legislature. He agreed with the job creation focus. He commented that economic development in general is more speculative than what they have to do. He said they have to follow the legislative rules. He said if they don’t accomplish the task of a job for every $3,000, the amount of money the Regional Investment Board would get in the future could be diminished.
b. ORDER 03-12-3-2/In the Matter of Appointing the Lane County Representatives on the Benton, Lane, Lincoln, Linn Regional Investment Board for the 2003-2005 Biennium.
Mecham indicated that Mike Galvin, Jim Ramsayer and Hal Reed were interested in continuing on the committee.
MOTION: to approve ORDER 03-12-3-2.
Dwyer MOVED, Morrison SECONDED.
Dwyer commented in the future there has to be an open process for these positions.
Sorenson wanted to flag these positions for 2005 so there can be an open process.
Mecham stated he would report to the Board before the end of their positions.
c. REPORT/Extension Service.
Nellie Oehler, Extension Service, gave a report. (Copy in file). She noted there were changes with the budget cuts since the reorganization from the state. She said that Bo Freeman has a full-time 4H position. She said she and Ross Penhallegon are taking over as interim staff chair while they are doing a nationwide search to find a new chair. She was concerned about the fairgrounds since their offices are housed there. She added their extension service is the largest in the state.
Sorenson asked that the next time they come back to the Board they present the trends so they can see how things were with the extension service five years ago compared to the current year
6. COUNTY ADMINISTRATION
Van Vactor stated he received a request from one of the cities that participated in the meeting at Lane Community College. He wanted to confirm that some time in January he and Ollie Snowden, Public Works, would bring back a proposed agenda item regarding an intergovernmental agreement between the cities and the County regarding the OTIA III money. He added the cities were interested because of their budget building.
Sorenson said they wanted to have that brought back as an agenda item in January, no specific time certain. He added they wanted to have the ability of all of the commissioners to be able to ask questions of Snowden regarding the agreement. He thought Snowden should prepare the document.
Morrison asked if the document would stipulate how the cities would spend the money or if it would be just handed over to them.
Van Vactor responded that the specification would be with regard to maintenance. He added if they wanted something more specific, the Board could then give direction at that time.
Dwyer stated that any such agreement has to be an annual agreement, based on Lane County’s own needs and there are no automatic renewals.
Sorenson asked that Snowden and Van Vactor should put together an agreement to be brought back to the Board.
7. PUBLIC WORKS
a. Awarding Annual Trashbuster Awards.
Pete Chism, Waste Management, presented Trashbuster Awards to Lara Howe for the Oregon County Fair, Lorraine Kerwood for Mac Renewal and Terry McDonald of St. Vincent de Paul.
b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1192/In the Matter of Amending the Lane County General Plan Policies (An Element of the Lane County Rural Comprehensive Plan) By Addition of Goal 2, Policy 27 - Errors or Omission; and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: December 17, 2003, 1:30 p.m.)
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance PA 1192 on December 17, 2003 at 1:30 p.m.
Dwyer MOVED, Morrison SECONDED.
c. ORDER 03-12-3-3/In the Matter of Electing Whether or Not to Hear Arguments on An Appeal of a Hearings Official’s Decision Affirming the Planning Director’s Denial of An Application For a Private Park in the Impacted Forest Lands and Exclusive Farm Use Zones (File PA 03-5104/Gillette).
Jerry Kendall, Land Management, explained that Jim Gillette’s private park application was first applied for under a different planning action last year. He stated that Gillette chose to withdraw that application after a staff report was written citing many shortcomings in preparation for a planning director’s evidentiary hearing. He noted in 2003 Gillette reapplied under a different planning action. He said they held a planning director evidentiary hearing in May because there was interest on the part of the neighborhood on this matter. He noted they took over four hours of testimony and the record was left open. He said the decision for the denial of the park was issued in August. He stated when Gillette appealed that decision, they held an on the record appeal and the outcome in October of the hearing official was affirmation of the planning director’s denial that correlated nearly 100% with the details in the planning director’s decision.
Kendall said the Board has to determine whether the issue was of countywide significance and whether it would occur with frequency. He added the Board has to decide if there is a need for policy guidance on issues of parks within three miles of an urban growth boundary. He said these issues do not arise often and when they do they have had no discrepancies on whether reservoirs exist. He said the hearings official and planning director used sound legal procedure in establishing whether what Gillette has on his property constitutes a reservoir and the conclusion was that it doesn’t. He noted if the Board agrees with that legal procedure then there is no need for policy guidance in this appeal. He noted there is neither a unique environmental resource nor does the planning director or hearing official recommend review of this item.
Dwyer said it would be advantageous for the Board to hear the appeal only if Gillette had a good chance of the Board reversing the director’s decision.
MOTION: to approve Option 2 of ORDER 03-12-3-3.
Morrison MOVED, Dwyer SECONDED.
Dwyer didn’t want to support the motion. He would rather not hear the appeal and remain silent on the hearing officials’ decision.
Morrison amended her motion to accept Option 3 instead of Option 2.
Dwyer commented that this gave the applicant the greatest flexibility and it saves him money. He said if the Board heard the appeal he didn’t think there would be a chance for Gillette to win at that level.
Green said there was evidence lacking on whether or not the test had been completed. He thought this was the best route for the applicant.
d. ORDER 03-12-3-4/In the Matter of Appointing Sandra Corbin to the Vegetation Management Advisory Committee.
Sonny Chickering, Public Works, brought a recommendation from the Vegetation Management Advisory Committee to appoint a new member to fill a current vacancy on their committee. He noted the County had followed the normal advertising process and the committee had reviewed the applications. He said the applicant recommended as their first choice was Sandra Corbin. He added the second choice was Susan Forester.
Green asked how they kept citizens involved who were not chosen.
Chickering responded in the past two years they had not had the opportunity to take advantage of people who were interested that they were aware of. He thought if the committee was to form subcommittees to address a particular issue and one of the individuals had interest in the area, it would be appropriate to invite them to participate. He said he would bring this up at the next VMAC meeting as a suggestion
MOTION: to approve ORDER 03-12-3-4.
Green MOVED, Morrison SECONDED.
Hampton stated he had received phone calls about spraying at Blue Mountain. He said there was confusion about notification rules for spraying roadside versus non-roadside. He wanted the committee to work on clarifying this for the public.
Dwyer stated the County made mistakes when they sprayed at Blue Mountain. He said they put into the Board Order the reference to the roadside spray notification and they should not have put that in the Board Order. He stated it wasn’t a roadside spray and the notification requirements on the roadside spraying are different than under the Forest Practices Act. He said when they put the notification in the order, they didn’t comply with it.
e. ORDER 03-12-3-13/In the Matter of Approving Improvements to Garden Way and Authorizing the City of Eugene to Assess Outside City Limits for the Proposed Improvements to Garden Way.
Frank Simas, Public Works, reported that the City of Eugene plans on constructing improvements on Garden Way next spring. He noted it would be on the southerly portion from Sisters View Avenue to Martin Luther King, Jr. Boulevard. He said approximately .52 of a mile is still a Lane County road. He said the project is anticipated to cost $2.3 million and $1 million for assessable items (curbs, gutters and storm improvements). He added of the $1 million of improvements outside of the city, there are 10 affected properties with the total estimated amount of the assessments of $450,000. He said ORS 223.878 requires the County to approve the improvement and to approve the assessment of properties lying outside of the city. He said the assessments that are proposed to be levied are in accordance with the policy that the Board approved in 2000. He noted it allowed larger residential parcels to be assessed initially for 100 feet for an area that had already been developed and the remainder of the property was to be levied upon further development of the property.
Simas noted the approval of the assessments for this project is required by the ORS and in accordance with the County’s adopted policy. He asked the Board to approve this.
Dwyer thought this was a win-win situation for everyone.
MOTION: to approve ORDER 03-12-3-13.
Dwyer MOVED, Morrison SECONDED.
8. CONSENT CALENDAR
A. Assessment and Taxation
1) ORDER 03-12-3-5/In the Matter of a Refund to Mesa Airlines in the Amount of $107,627.75.
B. Children and Families
1) ORDER 03-12-3-6/In the Matter of Approving Submission of the Partnership Agreement to the Oregon Commission on Children and Families.
C. Health and Human Services
1) ORDER 03-12-3-7/In the Matter of Awarding a Contract to White Bird Clinic in the Amount of $113,920 for the Period July 1, 2003 Through June 30, 2005.
D. Public Works
1) RESOLUTION AND ORDER 03-12-3-8/In the Matter of Authorizing the City of Eugene to Assess Outside City Limits for the Proposed Improvements to Garden Way.
2) ORDER 03-12-3-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Crocker Road and Blackfoot Avenue (17-04-02 & 11).
3) ORDER 03-12-3-10/In the Matter of Releasing, Dedicating, and Accepting Parcel "C" First Addition to Indian Springs, Book 50, Page 12, a Parcel of County Owned Real Estate, as a Public Road (17-04-02 & 11) (Crocker Road).
4) ORDER 03-12-3-11/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Hidden Meadows Drive (18-03-21-41).
5) ORDER 03-12-3-12/In the Matter of Accepting a Deed of Land to be Used as a Control Strip in Section 10, Township 18 South, Range 12 West of the Willamette Meridian (County Road No. 65) (Rhododendron Drive) (18-12-10-33).
MOTION: to approve the Consent Calendar without item 8. D. 1).
Dwyer MOVED, Morrison SECONDED.
9. COMMISSIONERS ANNOUNCEMENTS
Dwyer announced the annual turkey giveaway on December 15. He noted it amounted to 650 turkeys. He added Morrison would be giving turkeys away in Florence. He thanked Safeway for their contributions.
Green stated the Board completed the tours of the Lane County Jail and the Juvenile Justice Center. He added they also toured the Court School. He said they have buildings and operational issues but they have staff that is dedicated to trying to make things work..
Hampton agreed that people were working under less than ideal conditions, but still had positive attitudes. He was impressed with the dignity and respect with which the inmates are treated by the employees and the care and concern the employees have for the inmates. He announced that Saturday night is West Fir’s bridge lighting and on December 14 is Oakridge’s Tree Lighting.
Morrison announced a tree lighting ceremony would take place in Veneta on Thursday and the Junction City Light Parade is on Friday night.
Sorenson announced tomorrow is the Performance Counts Conference at the Valley River Inn. He noted on December 9 between 9:00 and 12:00 the Board will work on a recommendation from the Management Team that the Board undertake review of current goals and establish goals for the future. He said when they were on tour of the adult correction facility, they got a form that staff wanted them to fill out. He wanted to put it on the agenda as to what kind of formality they want as a result of going to the city jails and juvenile justice jails. He said in the past they had visited the city jails and not memorialized anything.
Green wanted to know how things are supposed to look so they could judge if the correction center and youth services were doing things correctly.
10. EXECUTIVE SESSION as per ORS 192.660
To take place after the meeting.
11. OTHER BUSINESS
There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.