BOARD OF COMMISSIONERS'
June 18, 2003
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.† County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
9.† PUBLIC HEARINGS
a.† SECOND READING AND PUBLIC HEARING/Ordinance No. 5-03/In the Matter of Amending Chapter 2 of Lane Code to Revise Fees and Assessments (LC 2.900), Effective July 1, 2003, to Make Additional Revenue Available for Long-Range Planning in Land Management Division and Declaring an Emergency. (NBA & PM 5/6/03 & 6/4/03)
Jeff Towery, Land Management, reported this item was before the Board for a first reading on June 4.† He said they had generated a media release that was sent to media outlets and interested stakeholders.† He added they did a direct mailing to the Professional Land Surveyors of Oregon to notify them of the fee change. He said they worked with the County staff to put the ordinance before the Board in an easy way to amend and administer.† He said their recommendation is to pass the ordinance.
Dwyer asked why there was an emergency clause.
Towery responded when they presented this to the Board, they looked at it as partially funding long range planning and the full fiscal yearís cost for the long range planning was built into the proposal.† He added that they contemplated the July 1 start date and that was the reason for the emergency clause, to get a full fiscal yearís worth of revenue.† He noted the proposal would generate about $14,000 in new revenue over a full fiscal year.
Dwyer stated he didnít like emergency clauses on revenue bills as it deprives the citizens.† He commented he would rather lose 15 days of revenue than to have an emergency clause.
Vorhes stated to delete the emergency clause, they would have to amend the ordinance and change the effective date of the fees, as there is a provision that deals with the effective date.† He said if there were no emergency clause, the ordinance would become effective 30 days after passage.
Commissioner Sorenson opened up the† Public Hearing.† There being no one signed up to speak, he closed the Public Hearing.
MOTION:† to move to adopt Ordinance No. 5-03 with the deletion of the emergency clause and the effective date to be July 18, 2003.
Dwyer MOVED, Green SECONDED.
ROLL CALL VOTE: 5-0.
10.† PUBLIC WORKS
a.† ORDER 03-6-18-10/In the Matter of Approving Letters to the Oregon Congressional Delegation and Army Corps of Engineers Regarding the Repairs to Fern Ridge Lake Dam and the Financial Impact to the Parks Division.
Rich Fay, Parks, reported the Army Corps of Engineers had been publicly discussing repairs to the Fern Ridge Dam, possibly in summer 2004.† He said the Lane County Parks Division would experience a significant shortfall in revenue from the recreational activities at the park including picnic areas, moorage, and camping and day use areas.† He noted there could be reductions in Parks Division of about $280,000, based on the assumption that they would be able to keep the Richardson Campground open.†
Fay indicated the expenses at Fern Ridge had been over $600,000 annually.† He said they have subsidized the parks with other funding sources including the car rental tax and other revenues.† He drafted proposed letters to be signed to send to the Oregon congressional delegation asking them to work with Lane County to add to the appropriation some emergency funds for the Parks Division to keep them whole, should the closure occur.
Morrison said it could impact Lane County for a longer period of time until an appropriation comes through.† She was supportive of the letter.† She wanted to make sure that Lane County is covered for every year that the water level is down.† She added that this needed to be included with the United Front trip.† She said this also needed to be added with Smith Dawson.
Lininger concurred with Morrison.† He said they need to start early so they can finish in time for tourists.
MOTION:† to approve ORDER 03-6-18-10 to send the letters and adding the areas that Morrison was concerned about as part of the motion.
Dwyer MOVED, Morrison SECONDED.
Green noted his signature line should say Bobby Green, Sr.
Fay reiterated the Board would amend the letter to state they are requesting that amount for each year.† He noted the letter was based on earlier information that they were going to do the work in 2004 and since that time, they indicated that might not be the case.
Dwyer wanted to add to his motion that they make it part of their United Front effort, they contact Smith Dawson and any others that might be able to help Lane County with this appropriation, but to do this immediately so Lane County could be included in this appropriation bill if possible.
b.† ORAL REPORT BACK/IVM Program Last Resort Herbicide Policy.
Ollie Snowden, Public Works, noted the Board gave direction to legal counsel on May 21 to prepare draft policy language that would be sent to VMAC and the Health Advisory Committee.† He noted a memo was sent to the Board dated June 13 that described what VMAC did.† He said VMAC reviewed the policy and proposed two changes.† He said staff concurred with those changes.† He recalled the first correspondence from VMAC that the Board received discussed developing a control option matrix.† He said they believe it is still an important vehicle to convey information as the Board of Health.† He said it is their intent that if the Board adopts the language that they would proceed with that to develop a matrix that shows plant species that are targeted.† He said they would do a qualitative evaluation of the different control mechanisms for plant species and demonstrate that herbicide use was a last resort.† He added the Board would see this report once a year and it would show when it was their intent to use herbicide.† He said it wasnít their intent to come back on a site-by-site review for approval.
Rob Rockstroh, Health and Human Services, reported the Health Advisory met and they took some of the language that VMAC worked with.† He said they reviewed the health issues.† He said once a year they would do an annual review to comment on health issues.†† He added the Health Advisory Committee was also supportive of the matrix.† He said they thought if a policy had to be implemented in Lane County it should be something like the Thurston County policy or the Bainbridge model.
Marc Kardell, Assistant County Counsel, explained the first paragraph was directed by the Board initially and the direction was to change the language from the Board of Commissioners to the Board of Health.† He added the direction was to use the IVM first paragraph and make the one change.† He added there would be an annual review by the Board of Health to discuss what herbicides could be used under what conditions and what other options might be available in the future.† He said he blended the IVM and Health Advisory Committee language.† He said they looked at an ordinance but this is normally done as a board order.† He said with an order it would be easier for the Board to change, but given the time frame, an ordinance requires readings and given Liningerís desire to get something done in a short term, an order would be more advantageous.† He added they could have a public hearing with an order.†
Morrison was concerned as they donít know what both committeesí thoughts are.† She wanted to see full participation by the Health Advisory Committee.
Sorenson was open to additional comment from VMAC and the Public Health Advisory Committee.† He was more interested in an ordinance than an order as it provides greater public scrutiny if the Board were to take public comment.†† He didnít think there should be a ban of the use of herbicides.† He said Public Works should look at all options for management of roadside vegetation because of fire safety and disability issues.† He said the reference to the Bainbridge Island City Ordinance by the Public Health Advisory Committee had the greatest application to what Lane County is trying to do.
Green agreed with the language.† He supported Morisonís request that the full Public Health Advisory body weigh in on this versus a committee.† He thought an order would expedite this.† He was comfortable with the approach and would support it.
Dwyer commented that he had concerns about some of the wording.† He wanted this to be a model.† He agreed having the whole health committee review the ordinance but he also wanted them to review the Bainbridge County ordinance to see if they can improve upon it. He thought they should wean off of pesticides
Lininger wanted to use spraying as a last resort.† He thought an ordinance was better than an order.† He supported getting something on the books this summer.
Sorenson suggested taking the language from the last resort policy and the VMAC proposal, the Public Health Advisory Subcommittee, the one Kardell proposed and the one from Bainbridge Island.† He wanted to set them all up for a public hearing.
Dwyer said they needed to use pesticides judiciously and only as a last resort.† He agreed with having an ordinance as there is a process that has to be followed.
Sorenson stated he wanted all four ordinances.
Wilson noted her staff was working on an appeal for LUBA and it is a staff workload issue.† She said to try to get four ordinances put together by Tuesday might not be realistic.† She said they would have three ordinances and would try to bring the fourth ordinance forward.
Van Vactor thought they could give legal counsel an exception to the rule and give them additional time to have the ordinances ready.
Morrison supported an order and not an ordinance.† She suggested bringing back all four ordinances.
Green supported the order as it would get them into the process with more time for practical applications.† He suggested three ordinances.
Wilson suggested if multiple revisions were to be made that they go for an order.
Sorenson stated it was Rockstrohís responsibility to inform the Public Health Advisory Committee of the discussion today that the Board would like to hear the view of the full committee as well as the subcommittee.† He said they are moving on this and are likely to hold one public hearing and their testimony would be invited.
Snowden asked what the Board wanted Public Works staff to do with regard to the Bainbridge ordinance.
Sorenson explained that Kardell is to review the Bainbridge ordinance and to work with Snowden to craft a proposed Lane County ordinance.
Dwyer said he was going to put a couple of the ordinances in word format to try to merge the best parts of the different ordinances.† He said he would come up with a model
Wilson noted there was no public hearing requirement if the ordinance is not a land use† issue.† She added they could not enact an ordinance after being read by title if there are substantive changes unless there had been a second reading at least 13 days later.† She said the ordinance requires 2 readings, 13 days apart.
Lininger supported having a hearing on the first reading.
Sorenson reiterated that on June 25, Kardell would be put on the agenda for an update on where things stand with the ordinances.† He said on July 16 there would be a first reading and public hearing on the ordinances for a public hearing.† He added the packet would be released to the public no later than July 10.† He said the Board will not consider adoption of any ordinance on July 16, but they will schedule additional work sessions if necessary on July 22 and July 23.† He said on July 29 the Board could consider deliberating on any ordinance that† the Board wanted to pass or a continued work session.† He stated if the Board goes toward an ordinance, they could schedule further proceedings on August 12 or 13.
11.† MANAGEMENT SERVICES
a.† ORDER 03-6-18-11/In the Matter of Creating the Classifications and Salary Ranges for Engineer In-Training (EIT), Associate Surveyor, Senior Surveyor.
Jan Wilbur, Management Services, reported a year ago they started reviewing the possibility of a new classification in professional engineering services.† She stated they were able to create three classifications and hoped to create two more.
MOTION:† to approve ORDER 03-6-18-11.
Green MOVED, Dwyer SECONDED.
12.† COMMISSIONERS' ANNOUNCEMENTS
Green stated there was a lack of kennel club owners being involved or represented on the LCARA task force.† He asked if that had been resolved.
Dwyer responded the kennel club owners were not formally represented but their point of view would be encapsulated in the report.
Green wanted to make sure the dog breeders were represented.† He thought the meeting with Diane Linn from Multonomah County went well.† He announced that tonight there would be a presentation of the ACTSO Gold Medal Winners before the joint elected officials meeting in Springfield.
Dwyer commented that the meeting with Diane Linn and John Ball was a learning experience.† He didnít think Lane County should do anything.
Morrison† announced that the legislative meeting of AOC is on Monday in Salem.
Green asked what the status was with the Cottage Grove Speedway.†
Lininger said there needed to be another session on public enforcement.† He said the procedure should be consistent with what they do elsewhere.† He encouraged people to e-mail him.† He said they should reveal to the public how to handle this as there is a lot of misinformation.
Van Vactor noted that Land Management has steps it goes through and the community needed to be aware of all discussions.† He stated that a work session had been scheduled.
Sorenson stated he had been working on a conference regarding the glass ceiling.† He announced the agenda team met and took the questions that had come in for the East Lane County Commissioner and it would be on the agenda for next week for a discussion.† He suggested having an advisory group interview the candidates.
Green and Dwyer were opposed to that idea.
Sorenson announced that Mayors Torrey and Leiken are working on transportation funding issues and that he and Van Vactor will be attending a meeting with them.
13.† CORRESPONDENCE TO THE BOARD
14.† EMERGENCY BUSINESS
15.† EXECUTIVE SESSION as per ORS 192.660
To take place after the meeting.
There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 3:30 p.m.