May 18, 2004

9:00 a.m.

Commissioners' 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.








Green explained that  with Ordinance 12-01,  they were going to dispense with the record at the time they begin to take it up because they are not having a public hearing.  He said they would be deliberating and possibly moving it to a fourth reading because the record will be closed today.  He said they could take public comment up to that point.


Wilson stated the written record remains open but because it is not a public hearing, it is not appropriate to take public comment.


Mary Ann Holser, 2620 Cresta de Ruta, Eugene, spoke on the Federally Qualified Health Center.  She congratulated the Human Services Commission for obtaining the health center. She indicated she has spent the past 45 years in the health care field.  She noted the notice for opportunities to apply for the advisory group was for six consumer positions  and they were published twice.  She said the first time 26 applications were received.  She noted at that time she applied so did many low income and minority persons.  She said two people called her because they weren’t informed and were interested in being on the committee.  She noted they opened the position again despite the many applications.  She called the Human Services Commission Director and was told they couldn’t find one of the applications from the person who contacted her.  She asked the Board what the critera was for the selection of the committee.  She asked how they defined “consumer.”  She thought they might have been trying to serve the uninsured and unaccessed to health care for the committee.  She noted that Dwyer applied for the position when he found out that no men were represented.  She wanted the Board to know that the largest uninsured group in the country is single males 18 to 35.  She asked the Board to look into the representation on this committee and to the selection process of all advisory committees.


Dwyer commented that a consumer member is someone that actually uses the services of the clinic.  He intends to use the services of the clinic.  He didn’t realize that he was the only male on the committee.  He noted they have to comply with federal law as to the structure of the clinic.


Sorenson requested information on the background on the requirements of the federal law as to who is a consumer and who is a community member.




Sorenson indicated the Supreme Court ruled yesterday that the Americans With Disabilities Act would apply to state and local governments as it applied to access to courthouses.  He believed Lane County was in compliance with the law but following last week’s resolution honoring the 50th anniversary of Brown v. Board of Education that the access issues do continue to be a major point between the role of state’s rights and individual locality rights versus an overall national policy of providing access for people with disabilities.  He wanted to make sure that Lane County is in compliance for public buildings and services they provide.


Dwyer commented that disabilities go beyond state borders.  He said they have to provide for people.


4. EXECUTIVE SESSION as per ORS 192.660






a. Announcements






a.THIRD READING AND DELIBERATION/Ordinance PA 1201/In the Matter of Amending the Rural Comprehensive Plan and the Creswell Comprehensive Plan to Enlarge the Creswell Urban Growth Boundary; Redesignate Affected Lands From a Rural Comprehensive Plan Designation of Airport Operations to a City Plan Designation of Public Facilities/Government; Rezone These Affected Lands From a Lane Code Chapter 16 District of AO Airport Operations to a Lane Code Chapter 10 District of Airport Operations District; and Adopting Savings and Severability Clauses (File PA 02-6010; City of Creswell). (NBA & PM 4/7/04 & 4/28/04).


Stephanie Schulz, Land Management, indicated some additional written material came in and she had passed out the information.


Green stated this was an opportunity for anyone to disclose any ex parte contacts or any conflicts of interest.


Dwyer said he had none other than the e-mails that were put into the record.


Sorenson stated likewise.  He also said he attended the Creswell City Council Meeting where they were dealing with the resolution they passed.  He noted it was their consultant summarizing the contents of the resolution, which the Board has a full report of.


Morrison and Green had no ex parte contacts.


Dwyer asked to be provided all newspaper clippings that talked about what they are planning to do, but he had not received them.


Schulz responded that she didn’t understand the request to be specifically newspaper clippings.  She noted that Mr. Calder’s submittals include some copies of the clippings.


Wilson understood that if the Board made the decision to close the record, the applicant is entitled to have an opportunity to submit a written rebuttal for any of the new material that has come in up to whenever the record is closed or the applicant could choose to waive that.


Milo Mecham, LGOG, stated the City of Creswell would waive the opportunity for further written rebuttal.


MOTION:  to move to close the written record on May 18, 2004 at 5:00 p.m.


Morrison MOVED, Dwyer SECONDED.


Wilson recalled that under law, it is the applicant’s right to rebuttal and Mecham was representing the applicant.


Vorhes noted the way the motion was stated at a previous meeting, the record was left open until their reading and the time they decide to close the record.


VOTE: 5-0.


Sorenson thought they needed to give the public an opportunity to submit additional comments and that the record is completed as of 5:00 p.m. today.  He wanted Schulz to put out an e-mail to the applicant and others who are interested to let them know the status of the record.


MOTION:  to move to approve a Third Reading and Setting a Fourth Reading and Deliberation on June 2.  To close the public hearing at May 18, 2004 at 5:00 p.m. and the applicant has to May 25 to respond to any new information or clarification at 5:00 p.m. on May 25.


Dwyer MOVED, Morrison SECONDED.


VOTE 5-0.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 14-04/In the Matter of Amending Lane Code Chapter 7 to Revise Noncommercial Kennel and Dangerous Dog License/Fee Requirements (LC 7.075, 7.085, 7.135) (Second Reading and Public Hearing:  June 2, 2004 at 1:30 p.m.).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 14-04.


VOTE: 5-0.




Morrison announced that this weekend is the Rhody Festival.  She announced the contest winners for “What I saw with Lewis & Clark.”  The winners from Mapleton are Marly Chamberlain and Anthony Crystal.  From Siuslaw the winners are Shaley Ford and Haley Smith.


Dwyer noted they had to ask the Fair Board for a Western theme day for the senior day.


Sorenson announced that last night the Lane Business Education Compact had their Lane County High School culinary competition.  He and Morrison announced the winners.








Green recalled that due to the denial of the grant for Assessment and Taxation, he, Jim Gangle, Bill Van Vactor and Terry Wilson went to Salem for a meeting with Karen Gregory and her staff.  He said they met with them and asked for some understanding of their budget limitations.  He said they understood Lane County’s budget situation.  He added they asked for reconsideration of the grant.  He said they were firm on the $197,000.  He noted that regardless if the grant applicant were approved, there would be a monitoring of Lane County’s Assessment and Taxation Department to be placed on a plan to help with the backlog and that statutes are met.  He asked if there could be movement on the state’s part that instead of $197,000, offering $139,000. He noted that 70% of Lane County’s budget is public safety.  Gregory noted there was some movement from the committee.  She said they would be willing to look at $1,800 in extra help; $1,500 in overtime and $5,000 in materials and services for a total of $8,300 from the $197,000. Green said they were clear that if Lane County can’t meet the intent, the state would have to take it over and they weren’t prepared to do that.  He noted that part of the state’s consideration was evaluation of the properties and the appraisals.  She stated that Lane County has the fourth highest number of accounts per FTE.  She noted that Lane County has 8,500 accounts on backlog.


Green commented if they were to restore A & T at $200,000 it would mean $2 million to Lane County.


Van Vactor thought the Board should challenge that if the money were restored that they would like to monitor it quarterly to see if the level of valuation is getting added to the assessment role.  He thought a performance measure should be developed for the Assessor’s office.


Wilson indicated Lane County doesn’t receive the revenue effect for up to two years.


Dwyer suggested a legislative fix for this problem.


Green concurred.  He said they have tough decisions to make around the budget.  He said they should work in partnership with the state.






There being no further business, Commissioner Green recessed the meeting at 10:15 a.m.

Melissa Zimmer

Recording Secretary