June 9, 2004

Following MWSD

Commissioners' Conference Room

APPROVED 9/15/04


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








Vorhes stated it was his understanding that LRAPA is looking at doing a yearlong study on air emissions and air quality more specific to the area.  He said it sounded like they are putting things on hold.  He didn’t have any confirmation of that.  He said that LRAPA was looking at studying a longer period of time for the air quality issues surrounding that application.


Sorenson commented that whatever LRAPA and the Siting Council are doing is up to them.  He said they have an issuance of a facility permit from Public Works and Snowden’s representation is that he would not be issuing that until after the Board gave direction.  He said they have a letter from the Energy Facility Siting Council from the Department of Energy that requests a reply regarding the applicable substantive land use criteria no later than June 15, 2004.  He disagreed there wasn’t something live in front of them.  He noted they had a draft letter from Public Works as well as the issue of using Lane County road public right-of-way for the pipeline for the facility.  He wasn’t aware there had been any communication from the Department of Energy that says if they don’t respond by June 15 they get no say at the Department of Energy.  He said the Board has representation from Snowden that he wouldn’t issue the permits to use the road right-of-way until today.  He said it would be in his right to approve the permit.  He thought they needed to take action.


Green commented the Board would continue to have an open process of public hearings with more time, versus the one minute available today.  He said while they have a response to make for the criteria, their obligation is to respond and then they will send the correspondence to the appropriate parties.


Ralph Christenson, 2535 Prairie Road, Eugene, commented there is a water right application that has been made and the draft approval from the Water Resource Department has been issued so the water right is in place for the water supply.  He noted the water supply is out of an excess of 300 cubic feet a second available in the McKenzie River and this was an application for 10 cubic feet per second.  He added that took into account ODFW’s request for water.  He said they designed a system that would actually remove less water from the river than normal.


Lou Christian, business agent for Local 290 Plumbers and Steamfitters, represented the Lane Building Trades Organization.  He said they strongly support this project as these are jobs that will benefit the members and community.  He urged the Board to help facilitate the project.


Curt Kaynor, Halsey, said this would help them with their facility at Muddy Creek.  He commented that for them it is a win-win situation.  He commented that most of the irrigators near him in Coburg are for this.


Garrett Paulsen, 2298 Donavan, Eugene, stated he is a retired engineering professor.  He commented the site is a good one for the gas turbine power plant to serve Lane County’s needs and would add reliability to the Bonneville system.


Cordell Baxley, Local 290, supported West Cascade for the working families of Oregon.


Gary Marcus, stated he is the applicant.  He noted there are three different processes for the permit and LRAPA is a separate one.  He explained that all the transmission lines from east of the Cascades to the west are full.  He noted that power can no longer go from the east to the west or north into the valleys without building transmission lines.  He read a letter into the record from Lee Beyer.


Glen Munro, 2765 Lincoln, said there have to be rules to be followed.  He said there is a detailed process for approval of the plans in the state.  He hoped the Board wouldn’t subvert the process and would respect their responsibilities and the law.


Ron Woods, 2120 Smith Oak, Eugene, said he is a proponent for the West Cascade Energy Facility.  He commented that power generation across the country is at a point that has reached maturity in the plants and generating capacity that is there.  He said they need to look to the future.


Susan Forester, 834 Brookside, Eugene, stated that this is a chemical plant.  She said it manufactures electricity, but trucks of ammonia would be transported to the plant as long as it is in existence.  She said it takes away from the serene water image.  She noted  plants like these do not use union workers.


Tom Rios, Local 290, was in favor of the project.  He thought it could be a training opportunity for kids. He thought there would be 270 workers per day at the plant for two years at about $500 per week in take home pay for the workers.


Lee Kersten, encouraged the Board to have a full hearing on this.  He said the experts used by Gary Marcus were the same experts that were used in the Eugene Sand and Gravel matter.  He encouraged the Board to deny the application for a facility permit.  He thought it was  inappropriate to issue a facility permit at this time, as they know nothing about the sizing of the project or the proposed uses. He thought the Board would have a hard time justifying the issuing of the permit.


Carolyn Canan, 91717 N. Coburg, Eugene, said by denying the Public Works facility permit, it could be the only opportunity for the Board to stop the plant in an advisory role.  She noted the siting council takes most of the opportunities away from the Board.


Kim Kaufman, 91740 Winnebago St., Eugene, stated she is pro-business and pro workers.  She said there is a pro-business arena in the Southern Willamette Valley. 


Jim Baker, 51013 McKenzie Highway, Finn Rock, thinks this proposal is not needed and if the plant is built, it would add to the pollution of the McKenzie and  Willamette Rivers.  He requested the Board fight unneeded pollution.


Ray Wolfe, 1473 Louella St., Eugene, stated he has a background in physical science.  He said that sooner or later they would have to go to renewable energy sources.  He added that renewable energy resources are far more energy intensive than building one or more gas powered plants.


John Hall, 482 E. 53rd, Eugene,  said he is a concerned citizen who uses Armitage Park for access to the McKenzie River.  He said if the permit to place a pipeline on county property were granted to the West Cascade Energy Facility, the dual pipe structure would be visible from Armitage Park.  He noted that the facility would draw 6.5 million gallons of water per day.  He said it could harm threatened salmon and bull trout.  He asked the Board to instruct Public Works staff to deny the facility permit application that was submitted by the West Cascade Energy Facility.


Jeffrey Leonard, 91211 N. Willamette, Coburg, said he was a merchant in Coburg and is on the Board of Directors of the Coburg Chamber of Commerce.  He asked the Board of Commissioners to consider the image of Coburg.  He didn’t want to have a big power plant in their area.


Tom Bowerman, 33707 McKenzie View,  Eugene, commented there were major issues of substance regarding this facility permit request that will not be heard in a public environment.  He hoped the Board would be able to hear the issues of employment and the environment.  He added there is an issue where the opportunity for local jurisdictions to grapple with these issues and this facilities permit is an opportunity to get a handle on this.  He urged the Board to look out for the concerns of the citizens


Lisa Arkin, 29136 Gimple Hill, Eugene, urged the Board to instruct Public Works staff to deny the facilities permit.  She said there are two conflicting permits:  one to get water through the Muddy Creek irrigation project and the second is to pipe water through a pipeline coming out of the McKenzie River and bringing it back to the McKenzie River at the same spot that is chemically treated before it converges with the Willamette.  She urged the Board to take their role as a special advisory group seriously.


Janet Calvert, League of Women Voters, stated the League of Women Voters opposes the proposal to build a gas-fired power plant north of Coburg in Lane County.  She said their concern is that the valley catches airborne particulate matter and at times the amount of allowable pollution is breached.  She said the size of the plant raises issues about it serving as an outlet for power to California instead of Oregon.  She said this was a sensitive issue that needed public discussion before the proposal moves forward.


Dan Terrell, Law Office of Bill Kloss, 576 Olive St., Eugene, reported that yesterday he contacted the Oregon Department of Energy and John White informed him that the site certificate application process and the LRAPA application process are two separate processes and they had received nothing from the applicant that would indicate that the site certificate application process should be on hold or delayed.  He noted that his office had participated at the Public Works staff level review of the application through an admission in the code.  He said they have no right to appeal the decision to the Board, only the applicant has.  He asked the Public Works staff to deny the permit. He thought this permit warranted the Board’s review.


Karen Weiler, 31981 Coburg Bottom Loop, Coburg, asked the Board to consider denying the permit for the water pipes.


Gwen Heineman, 331 Maple St., Eugene, asked what the timetable was for the Board to schedule more meetings on the task force report on dogs and cats and what is being researched before they go forward.


Becky Riley, 202 Hawthorne, Eugene, commented that the air quality in Eugene is not good.  She said the proposed new power plant in Coburg would add a significant load of particulates in the air that could increase the summertime smog problem. 


Peter Gretowsky, 32587 Coburg Bottom Loop Road, said he is a filbert farmer in the Coburg area west of the proposed power plant.  He didn’t want the power plant to go into Coburg.


Ruth Duemler, 1745 Fir Crest, Eugene, urged the Board to consider the health hazards the power plant would bring and deny the permit.


Evelyn McConnaughy, 6053 Fairmount, Eugene, urged the Board to deny the permit.


Donald Hawkins, 91000 Ridgview, Coburg, asked the Pubic Works staff to deny the facilities permit so the Board has a say in the matter.


James Mattiace, 891 W. Broadway, thought that the temporary jobs that will be provided by the construction of the plant is no guaranty that anyone would be hired locally, as many are highly specialized jobs that require people from outside the area.  He thought there were other ways of employment in the area without polluting or destroying the natural environment.


Cynthia Sinclair, 220 Fifth Street, asked the Board to approve the changes to the Lane County Code regarding the abuse and neglect statutes and code.


Jonathan Manton, 1272 Jackson St., thought the Board of Commissioners as elected officials, should be making the decision for the interest of the community.  He commented that the proposal today sends a message that it is okay for this type of process.  He urged the Board to speak out when they could.












a. ORAL REPORT/Acknowledgment of Linda Cook for "Oregon Emergency Manager of the Year" by the Oregon Emergency Managers Association.


Jan Clements, Sheriff,  and Russ Burger, Sheriff’s Office,  recognized Linda Cook for the service she provides to the citizens of Lane County.


b. DISCUSSION/OLCC issued licenses.


Green reported that the OLCC had already issued the license to the Confederated Tribes.  He added that Debbie Todd who had initially requested a hearing has rescinded the request.  He said the Board didn’t have to hold a public hearing.


Vorhes explained that Dave Williams, Assistant County Counsel, contacted Ms. Todd and she indicated the willingness to withdraw her appeal.  He said they discussed bringing to the Board’s attention the Lane Manual provision and addressing it in some fashion.


Dwyer didn’t think there was anything wrong with the process.  He commented that the OLCC didn’t understand Lane County’s process.  He thought they should send a letter to the OLCC explaining that Lane County has a process including the manual provisions for appeal and that they not act when the County is in the process until the deadline for the appeal would be exhausted.


Clements explained the process for these permits are routine in his office.  He added there was more than the Sheriff’s Office review, there is a Land Management review for land use issues.  He checks off a form indicating they had done a review.  He noted the Sheriff’s Office review is narrowly related to the criminal background checks to people who will be dispensing alcohol or to whom the license will be issued.


Sorenson asked if they should have a provision that states the Land Management Director and the Sheriff check off the form and a letter be sent by the County Administrator to OLCC so they have a process until the appeal runs out.


Clements recommended working with County Administration, County Counsel and Land Management to structure a process through which the review would go and before they institute that, that they send a letter to OLCC to indicate what the Lane Manual provisions are and what they are going to do in the future as it relates to the approval of the OLCC requests.


Sorenson thought they should change the policy because it isn’t good to have an appeal right and then the department sends back the form to OLCC, only to have an existing provision that gives citizens the right to ask to have it reviewed before the Board’s recommendation.


Clements explained the reason they are operating the way they do is that since 1992 there had never been a challenge.


Vorhes indicated his conversation with Williams is that he has sent a letter to Debbie Todd acknowledging their conversation wherein she indicated she would withdraw the appeal.  His conversation with her indicated that he would then come to the Board discussing revisions to the process.


Dwyer didn’t want to appeal as there would be costs involved.




a. Announcements




b. DISCUSSION/2004-2005 Lane County Budget, Making Appropriations, and Levying Taxes.


Dave Garnick, Senior Budget Analyst, explained that some of the departments had submitted additional technical adjustments to the budget staff since the Budget Committee had approved the budget on May 20.  He compiled the information.  He noted the adjustments were primarily housekeeping.  He discussed Attachment A (copy in file).


With regard to the general fund, Garnick indicated in County Administration there were three re-budget items.


Garnick explained in Public Safety they have situations where they are going to be using existing materials and services or other personal service line items to restore some positions that were previously authorized and not funded.  He said they were going to add an additional deputy to the Forest Work crew that would make the position eligible for Title III reimbursement.


With general expense, Garnick projected the cash carry forwarded or unexpended amount from the IS was going to be larger than what was anticipated.  He said since they are moving to their own fund, they have to increase the amount of their lapse so they have starting money.


With regard to Public Works Fund 216, Garnick explained it would be eliminating the $1 million that was anticipated from the sale of the Oceanwoods property.  He said they didn’t have the $4.8 million of OTIA III dollars budgeted in the road fund, so that was added.  He noted the Sheriff was going to do another transfer between line items to be able to add one more Deputy Sheriff to the Inmate Road Crew Program.  He indicated Fund 249 from the Lane Workforce Partnership is a reduction based upon the new information on their federal funding.  He noted Fund 250, Title III, is a transfer from contingency to operations in order to pay the additional Title III projects as approved by the Board.


With regard to Animal Regulation, Garnick noted the new revenue from increased license fees were added.  In Fund 285 for Health and Human Services, there were grant adjustments and re-budgeting of some of the HSC revenue.  He added they made a swap to continue funding the .25 FTE in the Veteran’s Program.  With regard to Fund 286, there are grant adjustments and a .75 FTE increase in Public Health from fees and re-allocation of existing funds and a reduction in the Healthy Start grant revenue.


Garnick noted in Fund 552 for RIS, there is an increased cash carry forward from AIRS to the RIS operation and they are adjusting their AIRS conversion project fund carryover.  He added they are decreasing the 24/7 hours downward as they are going to be doing away with 24-hour operation at the data center.  He added when they are increasing the transfers to the IS fund, it shows up in the fund to be expended there.


Van Vactor explained the Regional Information Center would be staffed 24/7 through December of 04 and the plan is to reduce the number of hours to reduce expenses.


Sorenson suggested having a concept of a mid-course correction on the budget.  He asked about going six months into the budget July 1 to December 31, and then having the board meet with the  Leadership Team to make the decisions instead of waiting until next May to make cuts.  He wanted to plan into the current budget cycle that after January 1 they assess the results of the election and assess what the spending had been in the first half of the fiscal year.


Van Vactor thought it could be a productive suggestion if it coincided with the Service Stabilization Task Force.  He said it takes the Board to give direction to have the meeting with the Leadership Team.  He added it could show Moody’s they were moving aggressively to increase their reserves.


Dwyer was in favor of having a review after the first six months.


Garnick passed out a budget summary. (Copy in file).  He noted on page 3 under the policy issues,  all of the departments were showing a reduction except for the Sheriff’s Office.  He said that LCPOA had a different approach to how they pay for their share of the benefit costs.  He explained where the Sheriff’s Office normally would have had to take a hit of about $205,000, they will not do that and Policy Issue 1 says if the actual increase is 25%, the County would be responsible for the first 10% but any increase over that is shared 50/50 with the union.  He said the County’s obligation would be 17.5% and that all departments had budgeted 20%.  He noted the Sheriff’s Office would have some additional money left over as a result of that for the Police Officer’s unit of about $58,000.


Van Vactor indicated that the Sheriff was concerned about the additional fuel costs and wanted an opportunity to address those issues as he might not be able to cover the costs for the whole fiscal year.


Garnick indicated the Sheriff was going to continue to provide existing services with overtime.


Morrison was concerned about the hiring process with people retiring and how successful they are.  She asked how they were doing with filling the holes with what they do have in the budget.


Clements responded that their posting competed with the City of Eugene’s posting and the people applying were down.  He caused an additional posting to go up and it would save them money for lateral entry staff.


With regard to the list of contracts, Attachment B (copy in file), Garnick explained how they were listed.  He added they typically don’t put any contract down that is under $50,000 but if something exceeds $50,000, that Van Vactor needs the authority to sign them.


Green asked for a list of contracts from last year to see if they increased in the current year.


Garnick indicated Attachment C is the list of dues and memberships and it reflects the nine percent reduction.  He added it was the same as presented and approved as part of the Budget Committee’s budget.


With Attachment D, Garnick explained that over time there had been a series of reductions and restorations.  He noted that overall the general fund was down about four percent or $4 million.  He noted from the general expense, the Budget Committee took $1.5 million they took to fund other services.


Garnick explained that overall the entire budget increases are about $736,000 across all funds.  He indicated he would come back next week to the Board with the reflected changes.


MOTION:  to move the Board of Commissioners hold a work session with the department directors in January 2005 to discuss a mid-course correction on the Fiscal  Year budget that begins July 1, 2004.


Sorenson MOVED, Dwyer SECONDED.


Sorenson explained the Budget Committee unanimously approved the recommended budget to the Board with the idea that they would be dipping into the reserves to make the cuts less onerous on the public.


Garnick had one last change under a contract for the Eugene 4J School Clinic for $105,000 instead of $52,000.  He would include it in the final order.


Green was supportive of the motion.  He sent out an e-mail requesting that they form a Service Stabilization Task Force.


VOTE: 5-0.




a. RESOLUTION AND ORDER 04-6-9-1/In the Matter of Authorizing Safety Improvements and Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for the Royal Avenue (County Road No. 28) at Fisher Road (County Road No. 668) Intersection Improvement Project.


Sonny Chickering, Public Works, recalled in April they met to consider different improvements to the intersection at Royal and Fisher.  He noted that staff originally came to the Board with a proposal to put in a 35 mile per hour curve but the Board was concerned about the amount of right-of-way acquisition that would be required to complete such a project.  He said the Board suggested that a lower impact project might be more appropriate.  He said the Board was interested in flashing red and yellow lights at the intersection and overhead street lighting.  He said they had done an analysis and requested the Board’s authorization to proceed with the project with the flashing beacons with the street lighting.  He asked the Board’s permission to acquire right-of-way for wires to support the necessary poles and is included in the board order.


MOTION:  to approve ORDER 04-6-9-1.


Hampton MOVED, Dwyer SECONDED.


Morrison asked how they would be able to track how effective the changes are to the intersection.


Chickering indicated they routinely collect information on reported accidents and they will continue to do that.  He added they make internal notes when they have anecdotal information about accidents, but were not necessarily reported to the authorities.  He added they would track both sources to see if they had done enough with safety improvements.


VOTE: 4-1  (Morrison dissenting).


b. DISCUSSION/Status Report and Update on West Cascade Energy LLC, Facility Permit for Pipelines in County Roads and Land Use Application/Review.


Vorhes explained that facility permit provisions are in Lane Code Chapter 15 and the Board had just adopted revisions as part of the County’s Transportation System Plan.  He said it did not include adding in appeal rights for neighbors.  He thought they should have a discussion about how to change it before they direct staff to make changes in the code.


Dwyer wanted a work session on this matter.


With regard to the letter, Sorenson said there wasn’t more for the Board to consider.  He said in reviewing Lane Code and the provision that allows persons who are denied a facilities permit by the Public Works Department to appeal to the Board of Commissioners, he agreed that they didn’t have to look into the ramifications about doing that.  He added at the time they do, he suggested they commit the Public Works’ Director’s decision to be a final decision with no appeal rights or they consider to modify it to have appeal rights for everyone.  He suggested a work session to get the full ramifications.


Green said they would set up a work session.


c. THIRD READING AND DELIBERATION/Ordinance PA 1199/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agricultural Land" to "Nonresource", Rezone That Land From "E-30/Exclusive Farm Use" To "RR-5/ Rural Residential"; and Adopting Savings and Severability Clauses (File PA 01-5875; Grant) (NBA & PM 3/31/04, 4/14/04).


Jerry Kendall, Land Management, recalled the Board held a Public Hearing on April 14 and the record was left open for submittal of written comments and final rebuttal until May 26.  He noted after that time he produced a supplemental memo dated June 1 with all of the incoming submittals attached.


Kendall  reported it is a 30-acre parcel adjacent to the unincorporated community of Walterville. He said the proposal is for a five-acre density.  He indicated an issue staff had was the affect of the rezone density on adjacent resource land.  He noted the property is bordered on the east, side and west by farm-zoned land.  He stated the applicant has submitted into the record a draft Farm Use and Forest Management Agreement where the owner and his heirs and assignees agree not to file nuisance lawsuits against surrounding adjacent farm operators and owners.  He added that staff wanted to have a setback from adjacent farm use for any constructed residences.  He suggested a 50-foot setback.  He said if the Board decides to go that way, the applicant had drafted up a revised farm use agreement that has the 50-foot setback.  He added if they implement the 50-foot setback, they would have to have another reading and re-open the record for people to comment.


Kendall indicated there was also staff concern on soil productivity for forestry.  He said the sifton soils that were 80% of the property were misrated.  He indicated the Oregon Administrative Rule provision that states even if they have poor soils and they are part of another adjoining farm unit, it is to be considered agricultural land.  He noted adjacent on the east and the south is another tax lot  owned by the applicant’s parents and on the adjoining land is better quality farmland.  He said it is bottomland and they are growing a beet farm whereas on the subject property there was no historic farm operation except for goats in the 70’s until the applicant attempted the filbert orchard that is well documented as not being able to make it because of the severe rocks within the sifton soils.  He said the applicant argues that the two tax lots do not comprise a farm unit because the subject property was not historically farmed until the filbert orchard.  He indicated they are two different operations with beets and filberts and both were never managed as part of an integrated farm operation.  He noted that even though the applicant’s dwelling is on the subject property tax lot 700, the applicant raised that having a dwelling on a property is not necessary for managing a farm operation.


Kendall explained that staff was recommending approval at a five acre density with a recommendation that they implement the 50-foot setback from any adjacent farmland for any residences that might be built within the setback in the future subdivision.


Dwyer asked if the approval of this had any bearing on future use of the template aspects of development.


Vorhes responded the template dwelling is a forestland zone option.  He noted there is no land zoned for forest use in the area, it is all zoned EFU or developed and committed residential.  He said it didn’t have an effect on the forest Goal 4 template dwelling provisions because there is no property that would utilize this property as part of the template.


Kendall noted that across the street from the property and adjacent to the north is some RR2 zoned land and they are going for a higher density of five acres.


Vorhes stated if the Board wanted to move toward approval, he recommended taking tentative action and to provide re-opening of the record to provide the opportunity for the entry of the covenant into the record.


Sorenson asked if the soil was agricultural.


Kendall responded it wasn’t (in staff’s viewpoint).  He said it is encumbered by rocks and has a quick permeability of water and high mortality for seedlings and breakage.  He added because of the site-specific examination on the part of the case using the NRCS data for the sifton soils, it turned out the two samples that NRCS had were for sifton soil pockets in Linn County.  He noted there is a memo in the June 1 supplemental packet from the USDA staff advising the applicant to go with his consultant’s field observations and that is what they did.  He indicated he did an Order 1 survey and that is what the NRCS uses to study capability ratings.  He said the land has 67% Class 5 to 8 soils capability.


MOTION:  to move to tentatively approve Ordinance PA 1199.


Hampton MOVED, Morrison SECONDED.


VOTE: 3-2 (Dwyer, Sorenson dissenting).


Kendall requested that the record be kept open only for responses to what will be turned into the record today that is the edited, modified Farm Forest Management Agreement incorporating a 50-foot setback, keeping the record open until June 16 and coming back for a Fourth Reading on June 23.


MOTION:  to move that the record be kept open for written comments only until June 16 and approving a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance PA 1199 on June 23.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.






A. Approval of Minutes:  None.


B. Management Services


1) ORDER 04-6-9-2/In the Matter of Authorizing the County Administrator to Execute a 24 Month Lease Agreement at an Expense of $117,019.92 with Heinz and Susan Selig for 7000 Sq. Ft. of Office Space at 1900 W. 7th Ave. for the WIC Program.


2) ORDER 04-6-9-3/In the Matter of Authorizing the County Administrator to Execute a Three-Year Lease Renewal Agreement with the Lane County Extension Service with Revenues of $228,384 for Space at 950 W. 13th Avenue, Eugene.


C. Public Works


1) ORDER 04-6-9-4/In the Matter of Awarding a Contract to Schnitzer Steel for Scrap Metal Recycling Services.


2) ORDER 04-6-9-5/In the Matter of Awarding a Contract to St. Vincent de Paul in the Amount of $100,000 for Mattress Recovery Services at the Glenwood Central Receiving Station.


3) ORDER 04-6-9-6/In the Matter of Awarding a Three Year Requirements Contract to Miles Oil Co., Inc. for the Purchase of Cardlock Fuel and Fueling Services in  Florence, Contract No. RFP03/04 FS-03.


4) ORDER 04-6-9-7/In the Matter of Awarding Two-Year Requirements Contracts to Twelve (12) Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and During Emergencies Caused by Floods, Windstorms, and other Disasters, Contract FY03/04 FS-05.


D. Workforce Partnership


1) ORDER 04-6-9-8/In the Matter of Appointing a Member to the Lane Workforce Partnership Youth Council.




MOTION:  to approve the Consent Calendar except for D. 1).


Morrison MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. REPORT BACK/LCARA Task Force Report.


David Suchart, Management Services, explained that licenses this year increased over last year by 64%.  He said they had 2,453 licenses last year and are estimating about 4,020 this year.  With the report on impounds, he noted they had only grown by a small number in the past three years. He noted the adoptions grew by 17%, and they will be up next year by about 4%.  With euthanasia, he noted this year there had been a 41% decrease and next year they are predicting an 8% decrease.  With the return to owners, they had a 21% increase over last year and are predicting 12% for next year.  He indicated they are separating city from county with regards to euthanasia, the difference of dogs and cats and animals they put to sleep because they are overcrowded, as opposed to animals that are put to sleep that are non-adoptable.


Suchart passed out a spreadsheet.  He listed the recommendations.


Green indicated in the past meeting that Mike Wellington, LCARA, had a plan.  He wanted to know how they would  be notified about the action plan he has.  He wanted Wellington to start preparing quarterly reports for the Board.  He wasn’t in support of the pet food tax in the current form.


Sorenson asked what is meant by the term increased funding and what other alternatives for increased funding are on the list of LCARA’s task force implementation matrix.


Suchart indicated at the time they were doing it, they were operating under the fact that they had just started the program with the veterinarians in licensing.  He said the report was written while something else concurrently was going on.  He added that any kind of revenues that would be generated through the code changes is the increase of the rates to be paid.


Sorenson thought they should investigate a pet food tax, a differential licensing fee structure and a voluntary cat registration.


Suchart responded that the differential was already in place.  With regard to Friends of Lane County Shelter, it is something that has to be publicly generated.


Dwyer wanted written material for any modifications.


Green thought the direction was when they took the item up that they would come back and present the changes that were presented.


Sorenson wanted to see a bond issue on a work plan to construct more spaces.


Suchart noted on the work plan he is going to work with the architects to come up with some options that would be there before they could do the financing.


Dwyer thought by raising the license rate they wouldn’t license as many dogs.  He thought they should keep the rates the same and increase the penalties for non-compliance.


Hampton requested that the increases be consistent throughout all zones, so fees are consistent.


Green commented they have to decide on what they want Wellington and Suchart to work on.  He suggested taking things in phases.  He wanted Wellington to come back to the Board with his work plan to fill in all the information.  He wanted Wellington and Suchart to come back on a quarterly basis.


b. THIRD READING AND DELIBERATION/Ordinance No. 14-04/In the Matter of Amending Lane Code Chapter 7 to Revise Non-Commercial Kennel and Dangerous Dog License/Fee Requirements (LC 7.075, 7.085, 7.135) (NBA & PM 5/18/04 & 6/2/04).


Suchart indicated the Board wanted him to restore the non-commercial license options.  He said they had $588 non-commercial licenses sold or renewed to date this fiscal year.  He said they figured out the cost per hour to be $45.  He said the basic rate is $45, for one or two dogs.  He said for three to five dogs they would charge $60 for altered and from three to five dogs that were unaltered it would be $140.  He added for six to eight dogs that are altered, the fee would go to $105   He commented the non-commercial kennel license in some cases have been a blank check for some people to run kennel operations.  He said they are aware of people who sell dogs without a license.  He said they would re-insert that there are non-commercial kennel licenses.


MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance No. 14-04. to June 16, 2004.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


c. ORDER 04-6-2-13/In the Matter of Amending Lane Manual Chapter 60 to Revise Animal Regulation Authority Fees (LM 60.825).


MOTION:  to move to roll this item to June 16, 2004.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.








Morrison attended the WIR Conference in Utah and there was a push to raise $60,000.  She reported that last Friday she was in Salem and went through the selection process for Bob Cantine’s replacement for Association Director.  She met with Ray Naff regarding O & C and BLM regarding the re-writing of the management plans.


Green attended a meeting with Van Vactor on Metro that is focused on Portland’s transportation.  He said they discussed common  interests and land use matters.  He said that Lane County and JPAC do not have ACTS.  He noted in some area where there are ACTS, they seem to work.


Dwyer commented that they need to work on the OTC elected by region and if they were an elected body, he wouldn’t have a problem with forming an ACT as they would be equals, but having an appointed body creating a charter and conveying charter upon election officials is not good.  He objected to the principle.


Sorenson contacted Ray Naff in the governor’s office about the state building across the street.  He commented it had reached the point where the building is empty and Lane County hadn’t had a proper response from them.  He met with the new director of LCDC to ask him to see if the commission was going to give greater guidance to metropolitan planning organizations on alternative measures to the vehicle miles traveled rule.


12. EXECUTIVE SESSION as per ORS 192.660






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



Melissa Zimmer

Recording Secretary