BOARD OF COMMISSIONERS'
March 17, 2004
Commissionersí Conference Room
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.
1. ADJUSTMENTS TO THE AGENDA
Morrison requested pulling item 10. D) 4. from the Consent Calendar, as she thought the numbers on the spreadsheet were wrong.
2. PUBLIC COMMENTS
Shoshana Kuretsky, P. O. Box 843, Eugene, recalled that Hardy Meyers issued an opinion that denying marriages to same sex couples will likely be found unconstitutional.† She noted the Benton County Commissioners have begun to issue marriage licenses to same sex couples.† She said there are people in this area who want to be married in their home community.† She urged the Board to consider same sex marriages for equal rights for all people.
Brian Cole, 05502 N. Fork Road, Florence, asked the Board to give consideration to the fact that the Florence people are forced to deal with the tribal casino and the impacts that might result from that enterprise. He hoped there would be a dialogue involving the decision makers, the County and the community.† He thought in the end it would result in some form of constructive process.† He noted on February 26 he met with Morrison to find out what role the County played in the casino issue.† He thought his community deserved to know what is happening at the County level and what decisions are being made on their behalf.† He requested that the Board give further consideration on the sharing of information through some form of open dialogue.
Sally Sheklow, 932 Polk St., stated she and her partner have been together for 16 years and they had been married in various ways.† She wanted to be married legally.† She urged the Board to take action on this.† She said if the Board doesnít take action, it means they approve to continue to discriminate.† She noted that Benton County held a public hearing and decided that the constitution would be violated if they continued to discriminate.† She urged the Board to stop discriminating and to make this decision as soon as possible.
Irene Ferrara, 2355 Madison, St., Eugene, commented that not allowing same sex couples to marry is one of the greatest forms of discrimination that exists. She urged the Board to start issuing licenses to same sex couples.
Naomi Noble, 2694 Kincaid, stated she is a graduate student at the University of Oregon.† She said that she and her partner have a marriage license in Oregon that was issued yesterday.† She looked forward to the same benefits that are afforded other couples with a legal contract.
Dana Weinstein, 777 High St., Eugene, stated she has practiced law in Lane County for 24 years. She noted there are certain rights those only flows to legally married people.† She urged the Board to take this matter seriously as they swore an oath to uphold the constitution.
Katy Strong, 2695 Monroe, Eugene, stated she is the founding director of Family Values, a support group for gays and their allies.† She urged the Board to allow same sex marriages.† She noted the most vulnerable citizens are their children and they deserve protection that marriage offers them.
Joan Shea, 1520 Balboa, Eugene, gave the Board an update on Oregon Crafted.† She noted they are developing a self-directed guided tour for visitors to go to studios and galleries in a four county area, including Lane County.† She commented the arts community was important to the economic base of Lane County and they believe through other initiatives that they would be able to grow the art community.
3. EMERGENCY BUSINESS
4. COMMISSIONERS' REMONSTRANCE
Sorenson said because of the issuance of the attorney general opinion and the initial decision of the Multnomah County Circuit Court upholding their decision to issue same sex marriage licenses, on Monday he sent the Board a commentary regarding that and a request that the Board of Commissioners hold a public hearing on the issuance of same sex marriage.† He said recently Teresa Wilson responded to his request to issue a legal opinion.† He thought her opinion warranted public discussion.† He commented the failure of the Board to address the legitimate concerns of the public about their action leads to a failure of action.† He thought if the delay in action continues, it could be the basis of a civil action on the part of the public against Lane County for deprivation of civil rights that are being afforded by Multnomah and Benton counties.
Dwyer commented that constitutional issues are open to interpretation.† He said people should take action under the U.S. Constitution so they are entitled to the benefits because it is taxes they are using.† He thought the state has the power to define marriage.† He said it wasnít a question of definition, but a question of benefits.† He supported benefits but he was not in favor of amending the constitution.
a. ORDER 04-3-17-1/In the Matter of Proclaiming the Week of March 22, 2004 as Pearl Buck Center Week in Lane County.
Sorenson read the order into the record.
MOTION: to approve ORDER 04-3-17-1.
Sorenson MOVED, Dwyer SECONDED.
b. RESOLUTION 04-3-17-2/In the Matter of Proclaiming May 8, 2004 as Health Care Decisions Day.
Hampton read the resolution into the record.
Hampton MOVED, Dwyer SECONDED.
6. COMMISSIONERS' BUSINESS
a. REPORT/Leadership Florence.
Morrison reported that this is the third year that the† community of Florence has put together a group of citizens in conjunction with LCC, the city and other partners to get people more involved in the political process.† She said they visit different areas in the county.† She stated they are visiting different departments today.
7. COUNTY ADMINISTRATION
Van Vactor thanked Jeff Towery and Greta Utecht who organized an opportunity for training for the Pacific Program.
8. PUBLIC WORKS
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1198/In the Matter of Adopting Criteria for Determining Significant Goal 5 Riparian or Wildlife Habitat Sites Within the Eugene Urban Growth Area; Adopting an Updated Goal 5 Inventory for the Eugene Urban Growth Area; and Adopting a Severability Clause (Second Reading & Public Hearing: March 31, 2004, 1:30 pm).
MOTION:† to approve the First Reading and Setting Second Reading and Public Hearing on Ordinance† PA 1198 on March 31, 2004 at 1:30 p.m.
Dwyer MOVED, Sorenson SECONDED.
Sorenson asked if the Eugene urban growth area and the Eugene/Springfield urban growth boundary are the same area.
Neil Bjorkland, City of Eugene, responded it is just the Eugene side and just the area outside of the city limit within the urban growth boundary.
Sorenson asked what the rationale was for excluding the other parts of the Eugene Springfield urban growth area from the County ordinance.
Bjorkland indicated that in the discussion that took place two years ago with DLCD, it was agreed that the overall Goal 5 program would be divided into subtasks, that each of the jurisdictions would process separately, so that the areas within the two city limits would just processed by the cities and the areas within the two urban transition areas or urban growth areas would be co-adopted by the city and the county in each case.
b. THIRD READING AND DELIBERATION/Ordinance PA 1197/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Adopt as Part of Periodic Review Metro Plan Housekeeping Revisions:† a New Metro Plan Chapter III-C: Environmental Resources Element; a New Metro Plan Diagram; and Adopting Savings and Severability Clauses (NBA & PM 1/21/04 & 2/10/04).
MOTION:† to roll this for a Fourth Reading and Deliberation until each city has acted on this matter.
Dwyer MOVED, Morrison SECONDED.
Sorenson asked what the status was of the adoption of the ordinance by Eugene and Springfield.
Kent Howe, Land Management, reported that the City of Springfield met on March 15 and indicated they were satisfied with the proposed plan updates as amended, but they did not take final action.† He added on March 10 the City of Eugene met and there was an issue over Energy Policy J and Eugene will discuss that when they reconvene.† He noted the Springfield City Council supported the staff recommendation to remove Policy J, but they would go along with the City of Eugene if Eugene wanted to leave it in.† He stated there would be benefit in receiving some direction from the Board that if this rolls to a Fourth Reading, staff concurred by a comment made on some of the Goal 3 policies that dealt with application of ORS 215.253 to both the exclusive farm use zone and marginal lands.† He said they would have to make that Rural Goal 3, policy change in the Metro Plan to the ordinance.
Assistant County Counsel Stephen Vorhes explained unless he hears something different, the motion to read and roll to a subsequent reading includes the staff recommended changes that will make them part of the ordinance and have 13 days between.† He said the Board would be in a position to act on those changes at that meeting.† He noted that was a proposed change in the packet to the ordinance and if there is any concern about including those, they should be articulated.† Otherwise, he said they should move forward.
Dwyer commented that all of the information wasnít available to the public when they had their last hearing.
Howe responded it had to do with staff responding to public comment.† He said the changes they made are responding to the public input.† He said there has been public involvement from workshops and open public sessions that have led from the planning commission to this point.† He noted the record the public had to comment on has been open.
Carol Heinkle, LCOG, explained the official timeline for this was June 2003.† She noted that staff made every attempt to get it scheduled for the adoption process by then.† She stated the official DLCD date is June 2003.† She asked what was not in the record.
Dwyer said there were allegations about things that were changed.† She noted the new information that was presented was the replacement pages for Exhibit A.
Green noted that Jim Seaberry had come to the board indicating the public was not given the benefit of the same information that the elected officials had.† He asked how the public could respond or participate their concerns.
Vorhes responded that the material provided to the Board was posted to the website and linked to the agenda in advance of meeting.† He noted the Board has the ability as a participant in the process to articulate a process they are comfortable with. He said it could include leaving the record open for a longer period of time or re-opening the record and having an additional hearing.† He added the supplemental materials today had also been posted on the website.
c. THIRD READING AND DELIBERATION/Ordinance No. 5-04/In the Matter of Amending Lane Code Chapter 16 to Adopt Riparian Protection Regulations to Implement Goal 5 Outside the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Urban Growth Boundary and Within the Metro Plan Boundary (NBA & PM 1/21/04 & 2/10/04).
MOTION:† to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance No. 5-04.
Sorenson MOVED, Dwyer SECONDED.
Sorenson asked if there was a way to provide the Board with how much land is affected by the 75 and 50-foot setbacks in the ordinance and whether it is adequate to protect the public.
Howe responded that the Board directed staff to apply the safe harbor inventory and protection provisions.† He said in doing that they have to comply and be consistent with the Goal 5 Rule.† He said they couldnít be changed.† He added they either go back and do a significance analysis on the inventory and change the inventory to other than what the state law says for safe harbor protection provisions.† He noted the safe harbor protections provisions are clean and objective from 10,000 cubic feet per second flow of river and a setback of 75 feet and if it is less, it is a setback of 50 feet.† He indicated in the Eugene Springfield metropolitan area, the only rivers that have that flow are the McKenzie and the Willamette.† He noted the properties adjacent to those two rivers would be the ones with the 75-foot setbacks with the other properties have the 50-foot setback.† He noted the direction the Board gave them under the periodic review work program they have completed and adoption of the ordinance and proposal as given is consistent with state regulations and meets that direction.
Sorenson asked how they could get stronger riparian setbacks than 50 and 75.
Howe explained they canít do it under the safe harbor and do a specific inventory on the Class 1 bodies of water in the area and go through the ESEE consequences and establish which streams are significant and need protection that will be whatever the distance the Board decides to set.† He added it would be starting over on that work program component and they wouldnít be able to continue.† He suggested continuing and completing this periodic review work, but then directing staff in another work program effort to come back and have a policy discussion.
9. MANAGEMENT SERVICES
a. REPORT/Auditors' Presentation of Management Letter.
Kay Blackburn, Internal Auditor, explained this was a Management Letter to Lane County from Jones & Roth with recommendations.
Forest Arnold, Jones & Roth, reported that in 1999 the management letter was 15 pages with 19 comments.† He noted in 2000 there were 16 pages with recommendation and 21 comments.† He stated in 2003, there were seven pages with five comments.
Dwyer reported they were presented with this review at Finance and Audit and they thought it was a good one† He said the County had a better financial management structure to deal with this.
Morrison commented the accountability of money is tighter and they have a better understanding of what the departments are doing.† She noted the contract-monitoring piece is something they are still working on.† She commented that the Workforce Partnership and the Fairgrounds were still areas of concern. She thought the biggest challenge was the Workforce Partnership and the federal laws.
Arnold explained there was an improvement in areas that werenít reflected in the management letter in the last year.† He noted the finance division had been doing a good job.† He said they did a complete work paper package, which was a first.† He added they did all the work for compiling information for the different ledgers that were required.† He indicated they prepared the financial statements this year as Jones & Roth had drafted in the past.† He noted from that they did a comprehensive annual financial report.† He† indicated this was a complete package if they want to submit it for a Certificate of Excellence in financial reporting that many governments do.† He said it could enhance and help Lane Countyís bond rating.† He commented that there werenít any findings in the single audit area this year.
Arnold noted one of the comments was on the decentralized structure of the County.† He said it creates some difficulties and that was something that couldnít be immediately fixed. He indicated there was a comment about the level of reserves in the internal service funds.† He said it would be revisited this year.† He noted the Finance and Audit Committee would have to take a more direct and involved role in auditing in the future.
With regard to conversations with management and the fair, Arnold indicated the Fair Board had already done things they thought they could do.† He noted whether or not the excess transient room tax must be dedicated solely to capital or for operations is the issue for the Board to address.† He thought giving the fairgrounds more discretion would be a good idea.
Morrison commented with no general fund monies to figure out how they are going to keep the fairgrounds afloat.† She thought they should work on this as it is continuing to decline.
Sorenson didnít believe they had additional general fund revenues to fund the fairgrounds.† He thought the Fair Board members were doing what they can to deal with this.† He thought it might be a problem that the Board would have to get involved with.
Arnold said the trend with the fairgrounds was not good and needs serious attention.† He commented if that were not made up with† additional transient room tax monies, it would make less money available to the fair for capital improvements or operations.† He said it was important to have good monitoring by the Finance and Audit Committee.
Warren Wong, Fair Board, commented that fairgrounds and convention centers do not make a profit.† He said it wouldnít happen because it is a public entity and they pay public benefits.† He said that was a structural problem that he canít do anything with.† He said the operating loss line includes depreciation that is a non-cash item.† He said the fairgrounds are set up as an enterprise fund.† He said there is no enterprise fund that he knows of that funds its capital.† He said it is true that in three years the debt service for the 2002 bonds go up.† He factored that into the projections they had done and he is mitigating that by paying off the planetarium loan and the outstanding loans with EWEB.† He said when the debt service drops off,† that amount will be available for capital.† He stated the fair board was not interested in going after the Countyís general fund.† He said they believe if the excess TRT made available to the Fair Board includes some portion going into the operating budget to mitigate the comparative disadvantage of being a public entity, that would assure the Fair Board and the County of financial stability for the next several years.† He said if the finances donít turn around, the Fair Board would recommend privatizing the fairgrounds and getting out as a direct operating department.
Morrison† thought the measures the Fair Board had taken were extraordinary to try to bring it back.†† She said a discussion needs to take place.
Wong commented if the Fair Board came to the decision they were to privatize, they would want two to three years for a transition.† He would want to give as much advance notice as possible.† He noted they have repeat clients that book in advance and they need to know the facility was going to be there to put on conferences.† He received the staff report yesterday and it was financially precise.† He indicated they donít keep all the costs for each event.† He noted the Lane County Fair makes a profit between $400,000 and $500,000 and that the logging conference also makes a profit.†† He said the 4H FFA Fair has a cost out of pocket between $40,000 and $60,000 that the Fair Board absorbs.
With regard to the Workforce Partnership, Van Vactor said at the Finance and Audit meeting they will work on that as a work project after the budget is completed.† He said they would need Board involvement as there are governance issues.† He added they would go through funds with the funds manager for the 04/05 budget.
b. ORDER 04-3-17-3/In the Matter of Creating a Classification and Salary Range for Kennel Attendant.
MOTION: to approve ORDER 04-3-17-3.
Sorenson MOVED, Dwyer SECONDED.
10. CONSENT CALENDAR
A. Approval of Minutes:
February 18, 2004, Regular Meeting, 9:00 a.m.
B. County Administration
1) ORDER 04-3-17-4/In the Matter of Appointing a Member to Fill a Vacancy on the Public Safety Coordinating Council.
C. Health and Human Services
1) ORDER 04-3-17-5/In the Matter of Approving the Submission of the Lane County Mental Health and Addictions Implementation Plan for the 2005-2007 Biennium to the State of Oregon, Department of Human Services, Office of Mental Health and Addiction Services.
D. Public Works
1) ORDER 04-3-17-6/In the Matter of Dedicating and Accepting a Parcel of County Owned Land as Right of Way for Bolton Hill Road (County Road Number 1183)† (17-06-36).
2) ORDER 04-3-17-7/In the Matter of Releasing, Dedicating and Accepting Reserve Parcels for Conrad Road, County Road 1950, and Parker Lane, County Road 1951 (17-05-20 & 17-05-29).
3) ORDER 04-3-17-8/In the Matter of Releasing and Dedicating a Parcel of County Owned Real Estate, as a Public Road† (17-03-26-21)† (V Street).
4) ORDER 04-3-17-9/In the Matter of Awarding a Contract to Peterson Machinery Co., in the Amount of $307,353.00, with Trade-In, for the Purchase of One (1), New Crawler Tractor, Contract FY04/05 FS-01.
5) ORDER 04-3-17-10/In the Matter of Relinquishing a Conservation Easement to the City of Dunes City in Connection with Construction of the Clear Lake Road Improvement Project and the Gibbs Creek Bridge Replacement Project.
MOTION: to approve† the Consent Calendar with exception of 10 D. 4)
Dwyer MOVED, Hampton SECONDED.
10. D. 4)
Morrison noted with the lowest bid that the numbers didnít add up.
Philip Guyette, Public Works, responded that the trade in should have read trade-in unit and it wasnít a dollar amount but a trade in value.
MOTION: to approve ORDER 04-2-17-9.
Morrison MOVED, Dwyer SECONDED.
11. ASSESSMENT AND TAXATION
a. ORDER 04-3-17-11/In the Matter of Appointing Four Members to the Farm Review Board Advisory Committee.
MOTION: to approve ORDER 04-3-17-11.
Dwyer MOVED, Morrison SECONDED.
12. CORRESPONDENCE TO THE BOARD
13. COMMISSIONERS' ANNOUNCEMENTS
Dwyer reported there is a Harlow Neighbors Meeting tonight.† Also, he attended the City Council meeting in Springfield.
Morrison announced that Saturday evening is a fundraiser for the Florence Rotary Club.
Hampton noted that fiber optic is now lit to Oakridge.† He announced there would be a demonstration on April 1.† With regard to the EDA grant with LCOG, he wanted to see if they could get an extension so they could involve the Economic Standing Committee.† He said that didnít pan out.† He said it would have to be a Board decision and he would put it on the agenda for March 31 to decide it is a worthy project.
Morrison commented that the timing is critical and if they could leverage the money, it was important.† She added this could also be used for the Eugene area.
Dwyer reported the Matthews didnít have to use the $3,000 that was authorized for them for their house demolition.
Sorenson thought the Board should get a briefing from the State Department of Correction on Ballot Measure 11.† He thought the Board needed to take a leadership role.† He wanted to send this to the agenda team.
Green stated he was going to a Juvenile Crime Prevention meeting and he was going to ask if Measure 11 was doing what it intended to do.
14. EXECUTIVE SESSION as per ORS 192.660
15. OTHER BUSINESS
There being no further business Commissioner Green adjourned the meeting at 11:55 a.m.