July 23, 2003

9:00 a.m.

Commissionersí Conference Room

APPROVED 8/25/04


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








Judy Hayes-Eberts, P.O. Box 893 Veneta, said she has resided at 25106 E. Fulton Road in Veneta for 17 years. She was in support of Patricia Chapelle and the Secret House Winery to allow concerts at their vineyard. She hoped the Board would keep an open mind to encourage the wineries to continue these efforts.


Dwyer commented the Board doesnít get involved in the permitting process. He said if Secret House gets an application and follows the rules there is no problem. He added it is only a problem when it reaches the Board.


Dr. Roberta Boyden, 5868 Fairmount, supported the proposed reporting of rabies vaccinations of dogs by veterinarians in Lane County. She commented for public health reasons alone she thinks it is the right and responsibility of the County to know the rabies status of animals in its jurisdiction. She thought it was appropriate for LCARA to use this information to solicit and enforce licensing of dogs. She said it would increase the chance of a lost dog finding its way home and it would be easier for the animal control officers to investigate dog bite cases. She added it would create a consistent funding source so LCARA could provide the services asked of them. She was aware that some veterinarians in the area have reservations about reporting that service. She said they were concerned about confidentiality of the information to LCARA on the rabies certificate. She noted there are restrictions that currently restrict a household from having more than two dogs without a non-commercial kennel license. She said the clients would be happy to license their dogs if they could be assured they wouldnít be forced to give any up. She added some animals have conditions that put them in a health risk if they receive vaccinations. She thinks there should be some way that these dogs could be licensed with veterinary approval without vaccinations. She said there was concern that the fees collected for licensing of animals do not go directly to LCARA but into the County general fund. She wanted to assure that licensing of animals would protect the welfare and safety of animals. She wanted to make sure that everyone could work together to help find ways to make LCARAís job easier and to see they have a stable funding source.


Dr. Mary Whitlock, Junction City, stated she is one of the people on the task force who voted against sending the proposed mandatory rabies requirement to County Counsel. She said they have been working hard on increasing veterinary vendors for dog licensing in the County. She also noted that at the same time veterinarians are receiving phone calls from people who are concerned because of the release of information on rabies reporting. She noted the executive board of the Lane County Veterinary Medical Association expressed to her, David Suchart and Mike Wellington their concerns that an ill conceived rabies code will actually decrease the numbers of dogs and cats vaccinated against rabies due to concerns that some form of retribution will happen to responsible people if the information is turned into Lane County or the City of Eugene. She said theirs was a concern about confidentiality of their medical records and their clientsí information. She said this issue must be discussed carefully and fully before it would be put into place. She commented that mandatory reporting does not need to be dealt with now as a separate issue, as it is not an emergency. She suggested putting it back into the main body of the task force report that is not due until November 15, 2003.


Dr. Trish Ashley, Springfield, stated she is a veterinarian practicing in the Eugene and Springfield area and an officer for the Lane County Veterinary Medical Association. She expressed that the veterinarian community on the whole is supportive of Mike Wellingtonís efforts to increase awareness by pet owners of their responsibility toward public and pet health including the appropriate vaccinations and the recording of those vaccinations. She said success of a mandatory vaccination reporting program that has veterinarians acting as liaisons between pet owners and LCARA needs cooperation and understanding by the veterinarian community. She said a plan needs to be thought through thoroughly and presented appropriately to the entire veterinarian community for their input. She wanted to put the code change in front of her colleagues when she has a complete picture regarding confidentiality, animals


Dr. Sandy Smalley, 4010 Donald, stated she was active in licensing dogs but she was against the proposal for mandatory reporting. She thought it was a separate issue and not a mandate of the task force. She thought this needed more time and she didnít want to rush into reporting. She took offense that someone who is not a veterinarian is going to tell her how to run her business. She thought the relationship between the vets and LCARA might be jeopardized if they are required to do the reporting. She also thought that client confidentiality was an issue. She indicated they were proactive about licensing. She commented that all they want to do is to find the best way to help LCARA.


Sorenson asked if she was objecting to the reporting ordinances because it was limiting their role as a vet.


Smalley responded that no counties in the State of Oregon have mandatory reporting.


Jim Gillette, 86340 Needham Road, Eugene, commented the only way to appeal a fine in Lane County is to pay it. He said it wasnít fair. He stated he was getting fines and he had no chance to defend himself. He added he couldnít afford to pay his fines. He wanted a chance to discuss this in the courts. He wanted to see the laws that allowed him to have paintball on his own property.






4. EXECUTIVE SESSION as per ORS 192.660


To be taken at the end of the meeting.




Legislative Committee


a. Legislative Committee Update.


Tony Bieda, Intergovernmental Relations Manager, explained what has happened in the past few days is the speaker and the majority party in the house has offered to the minority party and to the governorís office and to the senate the most recent version of the budget and asked that the democrats in the house come back with a counter-offer or a response within 24 hours. He noted the response came back yesterday and the democrats raised the expenditure amount by $300 million. That was found unacceptable by the majority party. He said the response from the speaker that rather than push this argument through the joint ways and means process, they would put appropriations bills through a special house committee that deals with budgets. He added that rural waivers had been passed on the floor of the House to allow these appropriation bills that would normally go through ways and means to go through the budget process. He commented that the likelihood that there would be at least 31 votes for the budget that the majority party put together is very good. He added there was a likelihood that there would be 36 votes that would be required to pass through the revenue component that funds the budget. He said they would end up with a scenario where the budget plan gets pushed through the house and passed by the house, sent over to the Senate, but the revenue plan doesnít get out.


Dwyer asked what the status was with the Board inspecting jails.


Bieda responded that bill was introduced in the house and was assigned to house judiciary with other bills that had not gotten to a hearing.


Green asked what would happen if the Board of Commissioners didnít inspect the jail.


Vorhes said he would do research on it.


Sorenson asked about any other bills of note.


Bieda responded the transportation funding package that passed the senate last week with minor amendments is on the house floor for a final passage in concurrence with the senate changes. He noted with PERS that tier one and tier two fixes have been passed and signed into law. He reported there was a hearing on the transient lodging tax and that is close to a compromise agreement between the lodging industry and cities and counties. With regard to SB 3013, (the aggregate bill), it is in conference committee. He added the Board went on record opposing the bill. He noted the idea of taking some of the shared revenue from cities and counties to balance the state general fund are not popular.


Lane County Animal Regulation Authority



David Suchart, Management Services, explained he was asked to bring this back to the Board. He reported the task force voted 8-2 to request that the Board of Commissioners have County Counsel review a draft of a rabies vaccination ordinance and work in collaboration with the committee members.


Morrison noted that since the task force was formed, they have had people coming to public comment around pieces of the task force work. She thought it was fragmented. She said they donít have a clear picture of what anything would look like between now and November. She commented that when it is a finished product, and they are ready to review it, she would focus on what they would be voting on. She said they were not supposed to be reviewing the report in the interim.


Dwyer said the task force has a charge. He was concerned about the animals and resources required to care for the animals.


Sorenson asked if they should wait until November, as that was the recommendation in July, and then ask legal counsel to work on it. He was concerned about putting a deadline on this because of legal counselís workload. He noted the interim report was requested by the Board to get some feedback so the public would know that the task force would eventually be making a formal report to the Board.


Lininger commented that maximizing public involvement and reviewing drafts in stages might be appropriate.


Greenís issue was being sensitive with other departments and working with their work loads.


Suchart stated he received a draft of the pet food surcharge, not the final report. He commented that the report looked good. He noted they asked Eco Northwest to do an initial study on the design and feasibility of a countywide surcharge on cat and dog food. He explained the data they used to come up with does not exist in Lane County. He said they used national data. He noted in the United States there are approximately 58.4 million dogs and 72 million cats. He said the sales of pet food and pet related services in the United States is $27 billion; of that, $12 billion is for pet food. He reported that several states and other counties have proposed a pet food surcharge or tax but there are no pet food taxes currently levied. He noted potential revenues on a one percent charge for cat food would be $50,000 on a wholesale level. With retail, that amount would be $62,000. He added on dog food the total would be $111,000. He noted there were some associated costs with administering a rebate program. He noted the recommendations for follow-up steps are to investigate programs that could serve as a model for the proposed surcharge, estimate the costs for administering the surcharge and improve the revenue projections.


Sorenson asked when Suchart gets the report, to get it to the task force members and the Board. He didnít want to go beyond the scope of todayís report. He asked when they get the report from Eco Northwest to forward it to the task force and the Board.


Suchart stated he would do that.


Sorenson asked when the task force report would be completed.


Dr. Whitlock responded they are trying to keep a focus to proceed through their six charges carefully, that it is important they donít rush through this. She noted veterinarians in the community have not had information regarding how to license a pet.


Chris Morton, Task Force Member, commented that coming up with one issue from the task force was not realistic. He liked submitting the proposal, working one step at a time. With regard to confidentiality and veterinarians he said there was no problem with how it works with LCARA. He supported the pet food tax, as it is a user based tax.


Jeanette Overholser, Task Force Member, Human Society of Cottage Grove, stated that confidentiality has to be addressed within the veterinarian community. She commented the bottom line is what is best for animals.


Bill Fleenor, Task Force Member, commented they have been meeting since last September. He said they are not doing anything in a rush or piecemeal. He said they are thorough and it wouldnít be before November 15 when the recommendations are delivered. He added they were making good progress and they are moving it forward.


Sorenson suggested that they bring this back in September for another interim check in similar to today. With regard to the vote of the task force to endorse the concept of a rabies vaccination reporting requirement with a confidentiality component within Lane Code, he wanted to make sure that it is formally on record that they want legal counsel to begin working on this with Wellington and Judge Sinclair, with no time line.


Stephen Vorhes, Assistant County Counsel, stated his understanding of the request is to have counsel work on the task force. He didnít see it being a significant workload issue for counsel to investigate language and craft an ordinance. He stated the task force has done most of the work and from the work product, turning it into code pages would be less onerous work.


Lane Metro Partnership


c. REPORT/Lane Metro Partnership Proposal.


John Arnold, Citizen Member and President of Board of Directors of Lane Metro Partnership, said they were actively involved in their mission to bring new investment and new jobs to the community through the expansion of local business and recruitment of new business. He noted their focus remains countywide. He said they are focused on upgrading their marketing of Lane County to their sighting consultants. He noted that economic development is the job that has to continue no matter where they are in the business cycle. He said their Board approved a letter that Sorenson mentioned unanimously. He said there are concerns that had been expressed about the inventory of sites available for industrial lands. He added the same discussions are taking place statewide. He said they are in the beginning stages of a process they think needs to take place to make sure the County is positioned properly for enhanced economic development. He said they are asking the County for an inventory of available lands for industrial work. He said the inventory would include looking at brown field sites, infill and property in the community that is constrained. He added that they might review how to remove those constraints and get sites shovel ready for development.


Arnold noted that Eugene was short on industrial and commercial lands. He said that Springfield is short of commercially zoned land. He said they have an abundance of industrial land but it is not ready for development, it is constrained. He said there is land available rurally and in the smaller communities. He noted the problem is there is not a lot of demand for those sites.


Jack Roberts, Lane Metro Partnership, said they have been reviewing the issue of Oregon having land ready to be able to complete for business for industrial manufacturing jobs to help the unemployment. He said there are four areas of the state that are suffering from shortage of industrial land, including Eugene/Springfield, Bend, Salem and the Portland metropolitan area. He noted each jurisdiction addressed it differently. He stated to date Eugene had not acknowledged that there is a problem or done anything to address it. He said what the task report will be reporting in the next few weeks is a report that states the land use system is not necessarily broken, it hasnít been used and there are mechanisms available for inventorying land and taking steps to make sure there is an adequate supply of not just industrial lands, but also of commercial and residential lands. He said they will be recommending that jurisdictions conduct such inventories and take steps to re-dress imbalances as they exist.

Roberts requested that the three jurisdictions that compose the Metropolitan Area Plan have an inventory of available land of industrial, residential and commercial land. He recommended contracting this out to someone who could draw on the resources that are available and update information to give a recommendation. He noted that Terry Moore of Eco Northwest would be willing to work with the jurisdictions. He didnít think it would be a long-term project. He added if they undertook the project this fall, they could be done by the end of the year. He noted the cost would be less than $50,000. He added the Metro Partnership would be willing to help raise funds for that. He commented this was to make the land use system work the way it was intended. He hoped the Board would make this a priority.


Dwyer commented that open space was important. He said it was important to keep farming going. He thought it would take a private effort to come up with a code that protects farm agricultural land and takes it out of the elected officials.


Lininger commented that they have to attract employers of all sizes. He said it was good to know how much industrial land they have within the urban growth boundary that is shovel ready and not constrained and the inventory of usable farmlands. He supported coming up with money to support this. He was concerned about the need to avoid competing with outlining communities. He agreed to use Eco Northwest. He asked if they could find $13,000 to study farmland.


Morrison didnít support going forward with the project. She noted when they look at the actual acres that are available and demands and needs are for people to live there, that there is a limited number of acres. She was concerned about coming up with the dollars to partner with this.


Green supported the study by Eco Northwest to get the data. He was concerned about the constraints. He hoped there was a simple way of doing it. He hoped they could mitigate the vacant land in West Eugene.


Sorenson wanted to make sure there was a compliance with the requirement for the periodic review and to make sure they have the inventory of different types of lands. He wanted to know what else goes away before he commits money for this.


Vorhes noted that next week the Board would have an agenda item dealing with the long range planning and priorities and there could be an opportunity to discuss this.


Dwyer wanted to make sure other projects were done first before they attempted this project.


Green recommended this go through the Economic Development Committee to see if Lane County could participate.


Roberts reported that after he meets with Springfield on Monday he would report back to all three jurisdictions and could work through Lane Countyís Economic Development Standing Committee.


Sorenson said if this involved land use law or planning, he wanted Land Management and the Planning Commission involved.




a. CONTINUED DISCUSSION/Commissioner Vacancy.


Sorenson noted they decided to have ten-minute presentations from the candidates who are selected on July 29. He noted the candidates are the following:


Morrison-Gordon Howard

Dwyer- Scott Bell

Sorenson-Martha Roberts

Green-Al King

Lininger-Don Hampton

Morrison-Faye Stewart

Dwyer-Kathy Keable

Sorenson-Don Nordin

Green-Gary Williams

Lininger-Joaquim Schulz

Morrison-David Wood

Sorenson- Andy Stahl

Green-Cedric Hayden

Lininger-Mike Dean

Sorenson- Jim Thrailkill

Lininger-Ralph Wheeler

Lininger-Cindy Weeldreyer


Sorenson recommended that after the meeting on July 29, each commissioner could choice a candidate. He agreed that the presentations would be taken alphabetically. He said then the Board would discuss how they would choose the applicants.



a. Announcements


Van Vactor announced he would be going on vacation and Dave Garnick will be in charge.




A. Approval of Minutes: None.


B. Health and Human Services


1) ORDER 03-7-23-1/In the Matter of Awarding a Contract Amendment in the Amount of $39,999 to White Bird Clinic for Acupuncture Services for the Period from July 1, 2003 through June 30, 2004.


C. Public Works


1) ORDER 03-7-23-2/In the Matter of Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Pearl Street (County Road Number 254) Between Mile Post 0.25 and Mile Post 0.58 (Public Hearing: August 20, 2003, 1:30 p.m.).


2) ORDER 03-7-23-3/In the Matter of Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Prairie Road (County Road Number 203) Between Mile Post 1.59 and Mile Post 2.03 (Public Hearing: August 20, 2003, 1:30 p.m.).

3) RESOLUTION AND ORDER 03-7-23-4/In the Matter of Authorizing Acquisition of Real Property for Expansion of the Delta Public Works Complex, Including Authority to Commence and Prosecute Any Necessary Proceedings for the Condemnation of Said Real Property if a Settlement Cannot be Reached by Negotiation.


4) ORDER 03-7-23-5/In the Matter of Approving a License Agreement with Roseburg Resources Company Covering the Walton Solid Waste Transfer Site.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.



a. ORDER 03-7-23-6/In the Matter of Accepting an Offer of $375,000 from Reinard A. Pollmann for the Purchase of Surplus County Owned Real Property Commonly Known as the Florence Annex and Authorizing the County Administrator to Execute Related Sale and Lease Documents (Map #18-12-26-32-05200, 980 Quince Street, Florence).


Jeff Turk, Management Services, reported he received two offers for the purchase of the Florence annex, one from Florence Hardware for $350,000 and from Reinard Pollmann for $375,000. He noted that Pollmannís offer would allow the health clinic to remain at its present site for a six-month period. He added the Florence Hardwareís offer would allow the clinic to remain there for a year, rent free. He thought Pollmannís offer was better. He noted the County was still responsible for utilities. He recalled that the board order directs $100,000 of the money to go to Health and Human Services, with the remainder going to the capital improvement fund.


MOTION: to approve ORDER 03-7-23-6.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0 (Dwyer out of room).




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 7-03/In the Matter of Amending Chapter 6 of the Lane Code to Add a Provision Prohibiting Violation of Posted Restrictions of Use on Other Public Land (LC 6.040). (Second Reading and Public Hearing: August 12, 2003, 1:30 p.m.)


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 7-04.


Morrison MOVED, Dwyer SECONDED.


VOTE: 5-0.



Dwyer announced that Bev Carno had been asked by the Bush administration to head Region 10 of the health system. He spoke with her and she agreed to come to the Board to see how they could work on public health clinics.


Lininger said he had been holding a series of community meetings and today is one in the City of Coburg.










There being no further business, Commissioner Sorenson adjourned the meeting at 12:30 p.m.


Melissa Zimmer

Recording Secretary