November 23, 2004

following Board of Health

Commissioners' Conference Room

APPROVED    1/3/05

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




Item 7. C. 1) was added to the Consent Calendar.




Dr. Gail Schroeder, stated she is a veterinary practitioner from Cottage Grove.  She spoke on behalf of the Lane County Veterinary Medical Association about the proposed rabies vaccination reporting.  She said the LCVMA membership supports the measure to increase pet licensure and vaccination but have concerns about implementing the measure as it now might be counterproductive.  She said to date pet limit laws have not been addressed as requested prior to enactment of vaccination reporting.  She stated that veterinarians repeatedly expressed that there are pet owners who will refuse vaccinations for fear of punitive action by Animal Regulation if they have more pets than current limit laws allow.  She indicated that veterinarians wanted more assurance that information submitted to the County about their clients and pets is private and are not accessible to agencies other than those allowed under the current proposal.  She said the Oregon Veterinary Association is questioning the protection of 40 veterinarians by exemptions listed in the Oregon Public Information Law, ORS 192.501.  She noted that legislative representatives of the OVMA are investigating whether veterinary records are exempt from or subject to disclosure.  She said that LCVMA had been informed that state law overrules any county regulations.  She said OVMA and LCVMA wanted more time to investigate this matter.  She noted there was confusion as who was subject to the new law.  She understood that only residents of unincorporated Lane County are affected.  She said that presents an awkward situation because many people do not know if they reside in the city or the county.  She thought the law should be applied to all residents of Lane County.  She noted that Mike Wellington, Animal Regulation and LCVMA had not had the opportunity to meet to discuss the day-to-day workings of the vaccination reporting.  She said the OVMA requested a delay of any action on the matter by the Board until the LCVMA could meet with Wellington and OVMA could investigate protection of veterinary records under Oregon law.


David Calderwood, 28104 Spencer Creek Road, Eugene, stated he is a dog show judge.  He said he attended LCARA task force meetings for a year.  He thought most information came from Scott Bartlett.  He noted there were no options with regard to the proposed rabies reporting.  He said he heard that LCARA was going to force license compliance through the rabies reporting. He noted when he confronted Bill Fleenor and Scott Bartlett about the forced compliance, they both denied saying anything about it but they discussed it each time the subject came up.  He thought rabies reporting had nothing to do with safety.


Carol Titus, 29936 Kelso, Eugene, commented that option 2 B said it might be used for enforcement and the report process turns it into a marketing tool for animal control.  She said if it passed, it couldn’t possibly have a positive effect for rabies immunization for animals.  She noted they targeted dogs as opposed to cats.  She stated that cats are more in danger of coming in contact with rabid animals.  She commented if they are going to have rabies reporting, there needs to be licensing on cats. 


David Carvo, 4010 E. 16th, Glenwood, indicated the Board would hear from the City of Springfield requesting them to join them for urban renewal.  He claimed that the City of Springfield said they had 14 public meetings discussing urban renewal concepts.  He said they had a meeting last night and they were close to what is to be achieved.  He said they have an issue with an urban renewal plan proposal by an urban renewal agency. He added they had two public meetings with the planning commission and one with the city.  He said the County is involved but there have been no public hearings.  He commented the plan was written by staff and had no public involvement.  He questioned the ability for public involvement in the development of the plan.  He asked the County not to get involved


Fred Simmons, 312 S. 52nd place, Springfield, asked the Board to remove ORDER 04-11-23-6 from the Consent Calendar and take no action. He noted the Springfield Economic Devepment Agency (SEDA) was established in 1986 and in 1989 it was disestablished.  He said it made the governing body of the City of Springfield inclusive of the mayor to the SEDA board.  He indicated the authority to adopt an urban renewal plan was not given to the city until November 2.  He commented that until the election is canvassed and properly certified that authority doesn’t exist.  He said there were details and the Board of Commissioners asked them to establish an advisory board.  He said they had not modified the position of the SEDA Board.  He commented that all of the justifications within the plan are optimistic projections of money received from tax increment financing.  He asked the Board to let the public comment rise to the point where people have meaningful and valid input and then go forward. 


Loraine Still, P. O. Box 1213, Creswell, thanked Green for his attempt to stop Sorenson’s plan to navigate the county legal process at the November 10 meeting where he moved to present unannounced additions to the Lane Code.  She commented that the other commissioners were surprised by the move on the part of Sorenson.  She added that Sorenson said the additions to the Lane Code that he proposed were co-authored by Scott Bartlett.  She thought the duties of the task force ended when they presented their report to the Board last year.  She asked why Scott Bartlett was being allowed to write county code.


Al Phillips, P. O. Box 2146, Eugene, asked the Board to make clarifications on the proposed codes.  He commented that ORS 433.340 is the state statute addressing rabies control to protect human and K9 lives.  He commented the proposed Lane Code is an attempt to raise money by targeting dog owners and veterinarians in the rural areas.  He thought it could be discriminatory.  He thought it needed to be re-examined.  He noted that disease was addressed in a confusing way.  He asked the Board to re-evaluate the document, as it could be a potential Pandora’s box.


Joan Armstad, 4017 E. 16th Glemwood, commented because she is one of the elected officials in Glenwood, she wanted to have a say as to who should be on the SEDA Board.  She thought the Springfield City Council didn’t give a thorough view of what the SEDA Board should be at the city council meeting.  She noted their two main objectives to having another board member from Glenwood on SEDA was that it would make an even number of members.  That would be hard for voting and there could be future urban renewal districts that the SEDA board would oversee and Glenwood wouldn’t have anything to do with it.  She wanted a Glenwood elected official on the Board.   She noted the Glenwood Refinement Plan is mentioned in the Urban Renewal Plan but it wasn’t mentioned enough.  She proposed that on page 3 what should be added under General in the second paragraph including the Glenwood Refinement Plan: all such applicable laws and ordinances are made part of the plan whether it is expressly referred to in the text or not.


Scott Bartlett, 1445 E. 21st, Eugene, commented that none of the statutes came from him.  He said it came in negotiation between Mike Wellington, LCARA and legal staff.  He noted one of their findings as a task force was that there is no standard database in Lane County for rabies certificates or licenses.  He said if dogs are not licensed or do not have tags and they arrive in LCARA, animals get euthanized.  He said the proposed code tries to protect the confidentiality of the information for veterinarians.  He recommended moving the recommendation of the task force forward.












a.ORDER 04-11-23-1/In the Matter of Committing $150,000 from the Video Lottery Economic Development Operational Reserve to Project Funds in FY 04-05 for the Molecular Probes - Lane County Expansion and Job Creation Project.


Jack Roberts, Lane Metro Partnership, reported this is part of a package they have been working on with Molecular Probes.  He said they are interested in expanding and redeveloping the facilities they have in West Eugene.  He said the Regional Investment Board recommends this $150,000 along with another $100,000. He added another $500,000 from the governor’s strategic reserve, as well as training money would help increase the number of employees from 250 to 350 FTE.  He said it will help develop their chemistry lab and they will be developing a training facility that will help them bring in people.  He said they also want to use this to help leverage their position


Dwyer asked why it was in the public’s interest to put private money into a private venture.


Roberts responded that Molecular Probes makes florescent dyes that are used for research and diagnostic purposes.  He said it would buy for the local community renewed investment in an old site that is being renovated.  He said it would increase employment by 100 jobs.  He said the private sector is putting in over $15 million and the total leverage for this local match is over $1 million.  He indicated one of the reasons that public investment is so important is when they put resources down they are in competition with other areas.  It is an indication by the state that this is the kind of business to encourage and to grow with.


Dwyer agreed this was an appropriate use for the money and this type of technology is good.  He thought that other businesses would feed off of this industry.


MOTION: to approve ORDER 04-11-23-1.


Dwyer MOVED, Morrison SECONDED.


Green noted that the Metro Partnership would do the final negotiations.


Peter Thurston, Economic Development,  noted the committee discussed this and wanted to see outputs and outcomes. Thurston noted that Roberts indicated he could bring those from the state’s process.  Thurston indicated they would be able to measure and recover if it is not delivered.


VOTE: 4-0.


b.FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/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) (Second Reading & Public Hearing: December 8, 2004, 1:30 pm).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 19-04 for December 8, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


Morrison requested between now and December 8, the answer to some of the questions that were raised regarding the state exemption from public records.  With regard to Van Vactor’s memo, she wanted to have a better idea, dollar-wise.  She said Mike Wellington, LCARA, gave them a work sheet and that Wellington was going to have a meeting with the veterinarians  working out the problems.  She thought it was important for the veterinarians to meet with Wellington as to the overall language so everyone could work better.


VOTE: 3-1 (Morrison dissenting).






Van Vactor announced the Performance Conference Counts on December 2 at Lane Community College.




A.Approval of Minutes:  None.


B.Public Safety


1)ORDER 04-11-23-2/In the Matter of Accepting a Proposal for LCP 2004-06 for Inmate Telephone Services for County Corrections Facilities and Awarding a Contract to Qwest Corporation.


C.Public Works


1)ORDER 04-11-23-6/In the Matter of Approving the Glenwood Urban Renewal Plan.


MOTION: to approve the balance of the Consent Calendar,  with 7. C. 1) pulled.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0.


C. 1)ORDER 04-11-23-6/In the Matter of Approving the Glenwood Urban Renewal Plan.


Dwyer commented that there was a lot of apprehension about the city’s inability  to hear from the public.  He asked if they should have the participation the people are insisting upon as part of the process.  He wants to move forward with this but it needs to have community involvement.


John Tamulonis, City of Springfield, noted there had been concerns whether the SEDA Board was formed and still exists.  He noted it was formed in 1986,  but was never disbanded.  He noted the governing body had changed.  He stated the Board of Commissioners asked that they add two county commissioners starting in January.  He indicated the basis of the Urban Renewal Plan is from the Refinement Plan.  He commented the Urban Renewal Plan is not so specific that they know what they are going to do for the next twenty-one years.  He said by state law they are looking at an outline of what needs to be adjusted in Glenwood over the next twenty-one years.  He added there is no budget established for the Board.  He said they would be working on that over the next few years.  He said the City of Springfield spent time on whether certain bodies should be represented.


Tamulonis noted the timeliness of putting the infrastructure into Glenwood is they have developers interested, and people are concerned about housing.  He said those things won’t happen without a budget and if it is delayed a year, it doesn’t go into effect until January 1, 2006.  He noted the funding that might be available to the Urban Renewal Agency to do the projects wouldn’t be available until 2007.  He added they would have to show some income in order to generate enough revenue to pay off the bonds. He noted the first income for this district wouldn’t happen until next year.  He said the city council had the required public hearing with the special notice to all of the registered voters in Glenwood in incorporated and unincorporated areas.  He added it has been on the website and at the library. He commented the biggest issue is perception of trust and concern.  He said this plan has to conform to the Refinement Plan and the land use plans that are adopted by the city and the county jointly. 


Green asked when the question first came up with the Springfield City Council about creating an urban renewal district.


Tamulonis recalled in 1986 they were looking at an urban renewal district that would cover Gateway, downtown and North Springfield.  He said they had two ballots at that time and it was turned down both times.  He said they did another measure in 1989 for an urban renewal district that just covered the Gateway area.  He noted since then the city council had looked at financing and improving all of the areas of Glenwood and other areas.  He said in May and June of this year they had presentations by someone from the Medford Urban Renewal District about how it worked in that area.


Tamulonis noted there had been 14 meetings, including the city council and the SEDA Board. He added that Councilor Tammy Fitch had discussed opportunities about Glenwood.  He indicated they had heard from a number of developers prior to that during the Glenwood Riverfront Plan and a number of them said they needed to have an urban renewal district in Glenwood.


Dwyer commented they have a say in the district but under state law when it is annexed and becomes party of the city, Lane County goes away.  He said Glenwood wouldn’t need Lane County’s permission to extend it another 20 years.  He commented that the state law is faulty in that respect.  He agreed there is a question of trust and thought that trust needed to be earned.  He didn’t think a delay would get them anywhere.  He said he will have faith the city council will be inclusionary.  He wanted to have Tamulonis’ commitment on there being an inclusive government that would take into consideration the needs of the people who were impacted.


Faye Stewart, Commissioner-elect, commented he was comfortable with the answers and in favor of moving forward.  He said as a future member of the SEDA board he could represent the citizens of Lane County.


Green thought Lane County’s interests were represented in the agreement.  He was confident the language would provide what was needed and the institutional memory would remain intact.  He wanted to make sure that the people are heard.


MOTION: to approve ORDER 04-11-23-6.


Dwyer MOVED, Morrison SECONDED.


VOTE: 3-1 (Sorenson dissenting).




a.ORDER 04-11-23-3/In the Matter of Amending Board Order No. 04-7-21-8 to Change the Limited Duration 1.0 FTE Deputy District Attorney 1 (DDA1) in the District Attorney's Office to a Regular Unlimited Duration Position.


Kent Mortimore, District Attorney, reported when Alex Gardner was appointed District Attorney, it left the position open in the office.  He said they came before the Board with a suggestion that they create a one-year position and take the money that the County had been paying for his position and use it to hire a lawyer for the time period he would be serving as District Attorney.  He noted what has happened is some reorganization in the office and a couple of positions involving senior attorneys are vacant.  He added they have the money to take the temporary position and to make it a permanent position.


MOTION: to approve ORDER 04-11-12-3.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.




a.ORDER 04-11-23-4/In the Matter of Creating the Classification Specifications and Salary Range for Human Services Supervisor.


Steve Manela, Human Services Commission, explained that currently he is staffing 19 people directly and since they took on the Community Health Center, they are spending over half of his time managing the Community Health Center.  He noted when they got the Community Health Center grant, they took half of his salary and half of another position’s salary that had been funded previously and put that money aside.  He noted that was the funding they would use to support the position.  He said the proposal is to have a supervisor who would supervise the homeless and the energy programs and that person would supervise 10 of the 19 people he is supervising.  He would continue to supervise the other nine people who are either administrative support or are supervisors who would directly report to him.


MOTION: to approve ORDER 04-11-23-4.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.



Green indicated he had a request to make Metrovision available to all citizens instead of those who just have cable.


Dwyer suggested writing Direct TV and the Dish Network, asking them to include that as part of their programming.


Peter Thurston, Economic Developed, indicated the significant issue is that Charter Cable is not connected.  He thought in this competitive environment that writing to Dish and Direct TV would be a good idea.


MOTION:  to move that Thurston send a letter to Dish and Direct TV expressing the Board’s interest in having the programming expanded to the media.




VOTE: 4-0.


11. EXECUTIVE SESSION as per ORS 192.660





Morrison reported the AOC conference was good and well-attended.  She said she couldn’t attend the Performance Counts conference as she will be attending an AOC Executive Session regarding the County Forest Trust Lands.  She announced the Legislative Breakfast this morning was a good dialogue between the Board and the legislative representatives before the session starts.  She commented they need to hold the state accountable.  She announced that Green was elected  Second Vice President for AOC.  She noted that Van Vactor had the people’s choice awards for his wine in the County Product Tasting.  She added that CVACLO did an outstanding job in producing items to share with their colleagues across the state.


Dwyer noted there would be an executive board meeting for the River Stone Clinic in Springfield.


There being no further business, Commission Green recessed the meeting at 11:50 a.m.

Melissa Zimmer

Recording Secretary