December 15, 2004

9:00 a.m.

Commissioners' Conference Room

APPROVED 3/16/05


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




There was a special presentation given to the new chair of the Lane County Commission on Children and Families to Rob Jerome.They presented a plaque to Don Hampton for his service on their commission.


Item 6. c. was pulled.




Loraine Still, Creswell, read a letter into the record from Dr. Sherry Foreman of the Veterinary Hospital in Creswell.


Carol Titus, Eugene, spoke in favor of a centralized database for rabies reporting.She noted that in Oregon there had not been a case of rabies in a dog since 1991, due to veterinarians educating and encouraging their clients to comply with rabies vaccination requirements for the health and safety of their pets.She stated the relationship of trust between the client and doctor could be jeopardized if their medical records are turned over to animal control for use other than as a database for public health purposes.She explained this was not about reporting the rabies vaccination information, it was about how it is to be used after it is recorded.


Mona Linstromberg, Veneta, said she attended the City of Eugeneís meeting on amendments to its telecommunication ordinance and there were five industry representatives.She was convinced that it is crucial to have a meaningful provision for independent technical review implemented for every telecommunications application like the City of Eugene is doing.She said that Steve Hopkins, Land Management, was not willing to put it into Lane Countyís ordinance.She didnít think Lane Countyís telecommunication ordinance was complete.


Craig Harbison, Veneta, said the need for technical review is based on the information they received and stated that the applicant had not provided the basis for which to establish whether or not the application meets criteria from the Eugene Code 957.50 6 C3.He said it requires the applicant to provide evidence demonstrating that co-location is impractical on existing tall buildings.He said the applicant stated in their written statement that there are no existing tall buildings or structures at the height needed to provide the necessary coverage for the site.He noted the application materials submitted were not consistent with the written statement.He said the applicant had not provided documentation of the minimum height necessary for providing capacity needs.He said once the minimum height is established through property documentation and methodology, the applicant could then demonstrate there are no other co-location structures available.He added the applicant had not provided documentation of the reasons for the location, design and height of the proposed proof of need.He recommended that the applicant be required to provide the information contained in Exhibit A.†† He commented the application was incomplete.


Jeanetta Overholser, Cottage Grove, commented that many other states already have the mandatory rabies reporting and they have made it work.With regard to confidentiality,the Humane Society of Cottage Grove would not give them information because of confidentiality.She agreed there needed to be changes with limit laws for those who do rescue or fostering.She wanted to do what was best for the animals.


David Calderwood, Eugene, passed out two letters regarding compliance for rabies reporting. (Copy in file.)


Lauri Segel, Eugene, spoke about the legal lot verification item.She said she attended every meeting and the members of the committee were not offered a preview of the staff report.She would have preferred to have the opportunity to talk to staff about it first.She said there wasnít consensus from the group on some of the issues that were indicated in the staff report. She noted the area of disagreement is around road or bodies of water creating a legal lot.She thought the committee was committed to bringing the Board a good product.She didnít think the whole product was approved by consensus but it had not been an adversarial process.


Scott Bartlett, Eugene, commented that Lane County has been moving backwards to deal with the aspect of public policy.He noted there are fewer kennels today available for impound than they had in 1979.He thought they could craft a win-win situation for everyone.He hoped they could have a uniform rabies and licensurepolicy with other agencies.




Sorenson commented that he met with the editorial board of The Register Guard to discuss the Oregon Cultural Trust.He explained it is a trust established by the state legislature to encourage people to contribute to culture, art, music, history and performing arts.He noted it is funded by the disposal of state lands that are deemed excess.He said it also comes from the Oregon license plate that could be purchased.He stated what was most significant was the unique financing system to have people that contribute to their high school band or museum or any other non-profit cultural organization that the Oregon Cultural Commission has approved, contribute to the Oregon Cultural Trust and receive a dollar for dollar tax credit up to $500 individual or $1,000 jointly.He said 42% of the money is retained and the other is to fund culture over Oregon.




a. THIRD READING AND DELIBERATION/Ordinance No. 19-04/In the Matter of Amending Chapter 7 of the Lane Code to Add a Provision Pertaining to Filing of Rabies Vaccination Certificate, Issuance of Tag (LC 7.088) (NBA & PM 11/23/04 & 12/8/04).


Wilson commented the matter is ready for deliberation.


David Suchart, Management Services, reported that over 2003 they had 221 dog bites, 101 cat bites, one ferret bite and one monkey bite.He noted in 2004 from January to November there have been 218 dog bites and 48 cat bites.


MOTION to move to adopt Ordinance No. 19-04 with Option 4.


Dwyer MOVED, Sorenson SECONDED.


Wilson explained by not electing either Option 1 or 2 leaves this in the status that the information would not be limited in its use.She noted that Option 1 provided that information should not be used for any licensing provision and Option 2 was created as the counterpoint to that.She added the information could be used for enforcement.She explained the Board didnít need to include either Option 1 or Option 2.She said the affect would be there with no limitation on the use of information.


Green asked by the motion that was made and seconded if the recording information is unlimited in its use.


Wilson noted that anyone could make a public records request and there was no limitation.She noted the ordinance itself indicates that to the extent it is part of a veterinarianís customer list, they will attempt to keep it confidential under the customer list.She said that Option 1 had provided a restriction on how the County would use the information, that the County wouldnít use the information for licensing.She noted that Option 2 would be opposite of that.She explained if they didnít include Option 1 or Option 2 the County could still use the information for enforcement.She said they are adding to the laws that exist.She noted the law already requires dogs to be licensed.She said state law already requires that owners of dogs who get a rabies certificate for their dogs turn their certificate over to the County.She said what is proposed to be done with this ordinance is to require the veterinarians to tell the County which animals have received a rabies inoculation.She added the information would go to the public health official or his or her designee.She said it is anticipated the designee will be Animal Control.


Wilson explained the ordinance itself is designed for veterinarians to make the reports.She noted the four options that were offered were in response to controversy that existed.She said Option 1 makes it clear that they would not be using the information for Lane Countyís licensing requirement.She said that Option 2 is the opposite, but if they donít enact either Option 1 or Option 2, it is information received by the County and the County could do with what it needed to do with enforcing any of its laws.She said that Option 3 was an option that was written in the version that came from the task force report. She said it specified that a violation would result in a Class C violation, for a first offense and a Class B for future ones.She explained that Option 4 makes clear that violations are committed by veterinarians.She said it controls behavior of veterinarians.She noted the penalty provision for violating the ordinance makes it clear that the veterinarians are subject to penalties.


Suchart said their intent under Option 2 is to use the information they receive in order to do licensing and help to increase the number of licenses that are sold.He added it is not his and Mike Wellingtonís intent to use it to deal with the limit laws unless there are complaints as was stated earlier.


Dwyer indicated he wanted to adopt the Ordinance as is with Option 4.


Wilson indicated that Option 2 was unnecessary and that adoption without Option 1 would leave them with what Option 2 states.


Van Vactor explained the reason there was an Option 2 was because he wanted it for the purpose of licensing and she drafted Option 2.


Sorenson asked what the best way was to protect the lists from the predatory attacks by their out of state competitors.He thought the trade secret component had a strong limitation on Lane Countyís ability to send it out.


Wilson thought they would have to make a change in state law.


ROLL CALL VOTE: 4-1 (Morrison dissenting).


Green requested that as a follow up in March to report what information Suchart has with regard to this ordinance.




a. Announcements


Van Vactor announced he would be on vacation for the next two weeks.




a. DISCUSSION/Road Fund Review Ė Secure Rural Schools Re-Authorization and New Project Requests.


Ollie Snowden, Public Works, reported they have been working with the congressional delegation to get the secure rural schools legislation reauthorized.He noted there has been cautious optimism that this might be reauthorized this coming year.He added they continue to get requests from other governments to fund road projects.


With regard to Attachment 1, (copy in file) Snowden said they have two years of history and he took the best forecast for their revenue sources and some of the work that Dave Garnick had with the general fund to extend their expense side of the ledger and compare where they are in the future.He noted that timber receipts and state highway fund transfers are the two big revenue sources for the road fund.He noted in 04/05 they are expecting to get under $20 million through Secure Rural Schools and they are expecting to get $15 million in the state highway fund transfer.


For Timber Receipts, Snowden explained that Attachment 1 assumed timber receipts would be renewed at about the 75% level or $15 million.He thought the total new revenue in 07/08 would be about $35 million.He thought there would be about an 8% increase in 05/06 in personnel costs and a 5% increase in costs each year after that.With lines 17 to 21, he assumed that the $40 million road fund balance he currently has will be spent down in the next two years.He said all the money had been earmarked for either revenue sharing with the cities and other agencies or projects that are to be built in the Capital Improvement Program.He noted that once the money is gone, there will be no more revenue sharing with the cities and the only capital projects would be pavement preservation.He said the Board would have to make choices where they would be making the cuts.He indicated the message for the 75% and 100% alternative is that once the $40 million road fund balance is drawn down and they have to live off new revenue coming in, they will see substantial changes in the road fund programs.


Dwyer asked why so much money was budgeted for engineering.


Snowden responded that engineering includes multiple divisions and the biggest percentage of the budget is road maintenance.†† He added there is money budgeted for design, field and lab and some of that would be reduced from line 10.He thought the most money cut would be $2.5 to $3 million.He noted by comparing line 22 with 07/08 to 08/09 to what they have been doing in previous years, it meant that even with 100% funding they would only have one-third the capital program in the future that they have had in the recent past.He said they need to manage the expectations about what the Secure Rural Schools is going to do for them once the fund balance is spent down.


Morrison commented that unless they deal with the employee costs they would not have more revenue.With regard to the scenarios, she thought it would be advantageous if they were to have an attachment 3 that showed what would happen if the reauthorization does not take place at all


Snowden reported that ODOT overpaid Lane County for the first seven months of OTIA III and to make that up, Lane County would not be receiving any OTIA III pass through from now through the rest of the year.


Snowden explained if they didnít have Secure Rural Schools funding, they would have received about $750,000 in the road fund based on the actual harvest.He noted that Attachment 3 shows the list of projects they have direction to pursue that are in the adopted CIP including projects from the CAPP program, community development and assisted housing program.He noted the cash balance they carried forward into this fiscal year was about $44 million.He said the fund balance they have going into this fiscal year pays for the projects on this list.


Snowden indicated they had received four formal requests for additional project funding. He said that ODOT is asking for $2 million from the County road funds to add to their Peterson Tunnel passing lane project.He said they already have $2.5 million of ODOT money that will extend the passing lane 800 feet.He said they decided if they could get another $2 million they could extend the passing lane another 5,000 feet.He said they also asked for $535,000 for a left turn lane at Mill Road.He noted it was originally a CAPP project but it was delayed because ODOT was using OTIA III money to replace the bridge over the railroad tracks.He said they are reactivating that project and they are asking for that money.He said he needs to get something out to the cities, but he needed to come to the Board to get direction.He noted because the revenue is coming in lower than what they anticipated, the way they set up the OTIA III pass through is giving a greater percentage of the money to the small cities than what was originally intended when they sent the IGAís out to the cities.


Snowden indicated that Chickering would come back in January with the LTD item and the ODOT item.


Chickering said they would be starting the CIP process in February.He thought they would continue to get requests that were not generated during the normal CIP process.He recalled last year during the CIP process, he asked the Board to prioritize projects and if they wanted to add something, to withdraw or delete a project of equal value.


Morrison was in favor of number one, number two and number three.


Dwyer indicated he was in support for all of them.


There was consensus to go ahead with all of them.


Sorenson wanted more of a narrative with project, numbers and the cost benefit.


Snowden responded they would do that through the CIP process this year.


Dwyer commented they have to know what critical needs this is addressing and how is it enhancing safety


Green requested Snowden bring back what a countywide gas tax would look like.He noted in the past the County was not able to make a case for a countywide gas tax.He commented that the needs and maintenance are still there.


Tony Bieda, Intergovernmental Relations Manager, reported the National Forest Counties and School coalition from 41 states that receive money from Secure Rural Schools have members on the coalition.He said they have begun the lobbying efforts to reauthorize this act and the expectation is that the majority of the effort will be exerted during the next congress.†† He thought they could see a bill to reauthorize early next year and the most likely scenario is that the content of the bill would be a simple and direct reauthorization of the funding level that is currently in place. He said whether or not 100% of the current funding structure would be retained by the time the bill was passed was something yet to be determined.He said in Lane County they have received letters of endorsement for reauthorization from almost all of the school districts and a majority of the cities.


b. REPORT BACK/Legal Lot Verifications, Property Line Adjustments, and Roads Dividing Legal Lots (NBA & PM 4/28/04 & 5/12/04).


Steve Hopkins, Land Management, reported the Board adopted Ordinance 7-04 in June 2004 and during the hearing process, there were three issues that were identified.He said the Board wanted staff to address those issues and come back at a later date.He said there is a group of 17 people who have been meeting to address the issues.He noted there is another meeting scheduled on January 10 and they hope to get an ordinance written and start the public hearing process next year.


c. ORDER 04-12-15-1/In the Matter of Denying a Request to Amend the Rural Comprehensive Plan to Redesignate and Rezone 73.76 Acres of Land From "Agricultural Land/E-40 Exclusive Farm Use" to "Marginal Land/ML Marginal Lands" (File PA02-5838; Ogle-Childs). (PULLED).


d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1220/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Marginal Land" and Rezoning That Land From "F-2/Impacted Forest LandsĒ to "Ml/Marginal Land," and Adopting Savings and Severability Clauses (File PA 03-5901; Carver) (Second Reading & Public Hearing: January 12, 2005, 1:30 pm).


MOTION:to move to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1220 on January 12, 2005 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0 (Sorenson excused).




A. Approval of Minutes:

April 13, 2004, Work Session, 9:00 a.m.

September 15, 2004, Regular Meeting, 1:30 p.m.

November 23, 2004, Legislative Breakfast, 7:00 a.m.

November 23, 2004 Regular Meeting, 1:30 p.m.

December 1, 2004, Regular Meeting, 9:00 a.m.

December 1, 2004, Regular Meeting, 1:30 p.m.


B. County Administration


1) ORDER 04-12-15-2/In the Matter of Approving the Internal Auditor Work Plan for 2005.


C. Health and Human Services


1) ORDER 04-12-15-3/In the Matter of Ratifying the County Administrator's Signature on a Contract with PeaceHealth, Oregon Region for Billing Authority Not to Exceed $400,000 and to Delegate Authority to Sign Contracts with Mercy Medical Center and Providence Health Systems for Billing Authority Not to Exceed $200,000 Each for the Period October 1, 2004 Through September 30, 2005.


D. Management Services


1) ORDER 04-12-15-4/In the Matter of Authorizing the County Administrator to Execute a Three Year Lease Agreement with the Lane County Extension Service with Revenue of $228,384 for Space at 950 W. 13th Avenue, Eugene.


2) ORDER 04-12-15-5/In the Matter of Cancellation and Forfeiture of a Land Sale Contract Pursuant to ORS 275.220 and ORS Chapter 93 with Billy Joe and Dorothy A. King for the Purchase of County Owned Real Property (Map # 16-04-15-00-00600, 92909 River Road, Junction City.


E. Public Works


1) ORDER 04-12-15-6/In the Matter of Dedicating and Accepting a Parcel of County Owned Land as Right of Way For an Unnamed Public Road (18-10-07).


2) ORDER 04-12-15-7/In the Matter of Awarding a Three-Year Requirements Contract to Cascade Health Solutions for the Purchase of Alcohol and Drug Testing, CDL Physicals, and Miscellaneous Services.


3) ORDER 04-12-15-8/In the Matter of Awarding a Three-Year Requirements Contract to The Jerry Brown Co., Inc. for the Purchase of Cardlock Fuel and Fueling Services in Veneta, Contract No. RFP04/05 FS-01.


4) ORDER 04-12-15-9/In the Matter of Releasing, Dedicating and AcceptingParcels of County Owned Real Estate, as Public Road Right-of-Way. (20-03-20) (Un-Named Road).


5) ORDER 04-12-15-10/In the Matter of Re-Appointing a Member to the Lane County Planning Commission.


END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *


MOTION:to approve the remainder of the Consent Calendar with item E. 5) pulled.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


E. 5)


Sorenson explained that Ms. Rughani had resigned from the Planning Commission.He requested a way to appoint members of the Planning Commission from the pool of people who had applied last year.


MOTION:to move to approve 04-12-15-10 to appoint Lisa Arkin to a term on the Lane County Planning Commission that would expire September 30, 2008 and to appoint Mark Herbert to the term that would expire September 30, 2005.


Sorenson MOVED, Dwyer SECONDED.


Green commented that Sorenson was having conversations with candidates outside of the process about what their intentions are.He noted they had a process and Sorenson didnít support it.He didnít understand why Sorenson was changing things.


Sorenson responded the people applied a year ago and some would have a term that would go only a few months.He said this was to recognize that Arkin had applied for a longer term.He said it was in a spirit of a compromise that he made this motion.


Green commented that if Sorenson trusted the process in place, Mark Herbert and Lisa Arkin would serve according to the vacancy in a capacity that is beneficial to the Planning Commission.He noted in most cases they would re-appoint that person, recognizing that it was a short term.He asked why they were trying to fix something that was not broken.


Wilson spoke with Stephen Vorhes, Assistant County Counsel, and his recollection of the action that the Board took on December 8 is that Sorenson made a motion and what is captured on the order is consistent with the motion that they made.She noted the motion describes certain people completing otherís terms.††


Green stated if Sorenson had these types of concerns, he should have accepted Dwyerís proposal to be involved in the process at the initial stages instead of not being part of it and then trying to overcorrect it.


Green didnít support the motion.He said this had failed the test publicly.He noted himself and Morrison took on the responsibility to do it the correct way.He thought Sorenson should have accepted his assignment and interviewed the people. He didnít think Sorenson was giving proper respect to the citizens who applied and went through the interviews.He added Sorenson wasnít giving proper respect to Mark Herbert.He thought they were endorsing a worse process and it shouldnít be done.He didnít think the public could trust an application process to serve on a volunteer committee when anyone could come up at the last minute and make adjustments.


VOTE: 3-2 (Green, Morrison dissenting).




a. ORDER 04-12-15-11/In the Matter of Establishing One Full-Time (1.0 FTE) Developmental Disabilities Specialist Effective January 1, 2005 in the Department of Health & Human Services.


MOTION:to move to approve ORDER 04-12-15-11.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0 (Sorenson excused).




a. ORDER 04-12-15-12/In the Matter of Acknowledging Receipt of the Lane County Comprehensive Annual Financial Report (CAFR) for the Year Ended June 30, 2004, and Filing a Copy of the Audit Report with the Secretary of State.


David Suchart, Management Services, reported this was the earliest that they had ever prepared the report and completed all the work.He noted a draft copy went to Finance and Audit.


Mary Case of external auditor Moss Adams commended the County employees for having the financial statements prepared so early and with new auditors.She said that November 1 was the date they completed their fieldwork for the audit.She stated they would be coming back next month to go through the management letter.


Case passed out required communications. (Copy in file).She noted that auditors are required to communicate certain things with boards and audit committees who are responsible for oversight of the financial reporting process.She noted there is a letter that explains what the audit does regarding the financial statements.She added they did an audit of the compliance in accordance with the Single Audit Act so there are two opinions in the financial statements.She said there was nothing to report.She noted the financial statements and compliance were clean.


Case noted there was a new auditing standard implemented this year, SASS 99 that involved interviews.She stated it asked questions about knowledge about fraud within the County.


Case said they are required to tell what an auditorís responsibility is under general accepted auditing standards and the Single Audit Act.She noted they donít test every transaction but a sample of transactions to render an opinion.She said there were no material weaknesses to report.


Case indicated if there were significant audit adjustments recorded during the course of the audit, they would have shared it with the Board.She noted they didnít propose any adjustments during the course of the audit and management had adjusted things correctly.


MOTION:to move to approve ORDER 04-12-15-12.


Sorenson MOVED, Dwyer SECONDED.


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


b. REPORT/Government Finance Officers Association Award.


Suchart reported that the County has received the Certificate of Achievement of Excellence in Financial Reporting.He noted they received it from the Government Finance Officers Association and there were few comments.He appreciated the professionalism of his staff in preparing the report.




a. PROGRESS REPORT/Community Wildfire Protection Plan.


Linda Cook, Sheriffís Office, reported that last May the Board approved Title III funds to perform the project, pursuant to the Healthy Forest Restoration Act that President Bush signed in December 2003.


Cook indicated there are four major parts to the development of the plan.She said the first is conducting a risk assessment.She noted the process involves the community and identifying the highest priority areas for implementing fuel reduction strategies.She said the process calls for an in depth analysis of population densities and the topography of the local areas to determine the areas at highest risk.She noted the second part is developing a community-based map.She said the maps would be given to the fire chiefs so they can do an in-depth analysis of each of their own districts.She said the purpose of the community-based map is to identify local wildland urban interface zones.She noted the wildland urban interface zones have been identified by the state.She indicated the Healthy Forest Restoration Act allows for the requirement that communities develop their own plan so they are local specific.She noted another part was community outreach; plan development and writing the plan itself.She said the plan would only be successful if all of the right parties had been engaged and provided their input for the plan.She said they have decided to conduct 15 or 20 stakeholder interviews and to mail out 1,500 landowner surveys.She said they would compile the results and conduct an analysis of what the results mean.She said the result of the landowner surveys, the stakeholder interviews and the forums they hold will be brought back to the steering committee for them to decide what their priorities should be for the plan.


Cook noted another important aspect of the plan is implementing pilot projects.She said while they are busy developing the maps, conducting the risk assessment and a community outreach, they will also do other field reduction strategies so they could incorporate the lessons learned from those projects into the written document itself.She indicated at this point the Oregon Department of Forestry is recommending that they do the fish hatchery and the EWEB facility located at Leeburg and Triangle Lake Schools.She reported they have developed an in-depth project plan and schedule.She noted they have a steering committee that is directing the work and the development of the process.


b. ORDER 04-12-15-13/In the Matter of Approving Increased Funds for the Title III Project for Developing a Community Wildfire Protection Plan.


MOTION:to move to approve ORDER 04-12-15-13.


Dwyer MOVED, Hampton SECONDED.


Morrison supported the motion.She hoped that between now and spring they have enough of this completed so that the BLM and Forest Service will come forward with RAC projects they could fund with Title II money to direct against the wildland urban interface.


Cook reported their project plan will be finalized in June and she will be bringing it to the Board for adoption.


VOTE: 5-0.


c. ORDER 04-12-15-14/In the Matter of Appointing Jan Clements Sheriff Pro Tem.


Wilson indicated the chair received a letter from Sheriff Clements dated December 8, 2004, indicating that he was tendering his resignation effective December 31, 2004 for retirement.She noted he has offered to serve as Pro Tem Sheriff until Russ Burger is sworn in.She explained under the Home Rule Charter, the Board has the authority to fill the vacancy in the elected position.


MOTION:to move to approve ORDER 04-12-15-14.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.












Hampton announced there would be a tree lighting in Oakridge on Sunday at 4:00 p.m.He thanked the Board for appointing him to the position of commissioner representative.


Dwyer said they delivered 470 turkeys in the Eugene Springfield area and 120 turkeys in Florence.


Morrison reported the AOC legislative meeting was on Monday.She reported the Food Share event in Florence went well.She commented that teleconferencing would work well with Lane County as they might not have to go to Salem, but they will be able to do the meetings by video conferencing.


14 EXECUTIVE SESSION as per ORS 192.660


To take place at the end of the meeting.






There being no further business, Commissioner Green recessed the meeting into Executive Session at 12:10 p.m.



Melissa Zimmer

Recording Secretary