September 15, 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.  Acting County Administrator Dave Garnick, Assistant County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




Item 9. a. should read public hearing on September 29.  Item 7. b. should be a Consent Calendar item. 


Morrison requested pulling item 8. C. 1) from the Consent Calendar.




Al Philips, P. O. Box 2146, Eugene, represented three dog owner clubs.  He said there were inconsistencies in zoning in the June 16, 2004 meeting relating to dog kennels and the addition of  hobby kennel classifications were discussed.  He noted that legal counsel noted it was imperative to address these issues.  He asked what the present status was for Chapter 16 and the hobby kennel.  He asked if there was a schedule for a public process.












a. REPORT/CVALCO Annual Report.


Kari Westlund, CVALCO, passed out the Business Opportunity Fund Report. (Copy in file).  She reported over the past year they saw a rebound in accommodation spending and room tax collection.  She said they ended the program year up 5.71% in room tax collections.  She added that hotel occupancy was up 11% and the difference in the rate gain was due to the closure of the Clarion Hotel.  She said because there are fewer hotel rooms, they have a stronger rate of growth in occupancy.  She noted the Eugene Airport passenger arrivals rose 6% and they are seeing growth in the market place.  She noted overall return on investments was $32.89 for every dollar of room tax Lane County invested in their marketing program.  She noted that this past year they had a more than usual rooms pending on the books for their convention market.  She added what they had actually booked in the program year was down.  She said it was the first year in a while they had seen themselves go backwards in the booking of convention business.  She noted for the first time in several years they had seen strength on the leisure marketing side.  She stated the loss of the Clarion Hotel is a concern to them  She was also concerned about the Oregon Convention expansion with the Salem Convention Center and their sales effort.


Westlund passed out a meeting and convention planner. (Copy in file).


Green asked about getting a “Welcome to Lane County” sign.


Westlund said there could be right-of- way issues with ODOT and it has to meet their specifications.  She said it would have to come from the County to the state for the permit request.  She said she would work with Lane County on getting the signs.


Sorenson requested an update for the use of road funds for signage within the road right-of-way.


b.REPORT/Extension Service.


Charlotte Resierguard, Extension Service, gave a report on the OSU Extension Service.  (Copy in file).




a. ORDER 04-9-15-1/In the Matter of Proclaiming September 2004 as National Alcohol and Drug Addiction Recovery Month.


Toni Fudge, Jonathon Smith and Kelly Delfid shared their experiences with the Board.


Green read the resolution into the record.


MOTION:  to approve ORDER 04-9-15-1.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. Announcements




b. ORDER 04-9-15-2/In the Matter of Purchasing and Implementation of Performance Measure Data Collection and Reporting Software and Allocation of the Cost to Departments and Authorize the County Administrator to Sign Contract.




A. Approval of Minutes:

August 12, 2003, Regular Meeting, 9:00 a.m.

January 15, 2004, Special Meeting, 9:00 a.m.

January 16, 2004, Special Meeting, 9:00 a.m.

June 9, 2004, Regular Meeting, 9:00 a.m.

June 15, 2004, Work Session, 9:00 a.m.

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

August 25, 2004, Regular Meeting, 1:30 p.m.


B. County Administration


1) ORDER 04-9-15-3/In the Matter of Reappointing Justices Pro Tempore for the Central Lane Justice Court for One (1) Year.


2) ORDER 04-9-15-4/In the Matter of Reappointing Justices Pro Tempore for the Florence Justice Court for One (1) Year.


3) ORDER 04-9-15-5/In the Matter of Reappointing Justices Pro Tempore for the Oakridge Justice Court for One (1) Year.


4)ORDER 04-9-15-6/In the Matter of Amending the Existing Assistance Agreements with the U.S. Forest Service and Bureau of Land Management and Authorizing the County Administrator to Sign the Amended Agreements.


C. Health and Human Services


1)ORDER 04-9-15-7/In the Matter of Approving a Grant Application to the State of Oregon, Department of Human Services for the Lane Early Childhood Development Project in the Amount of $312,500 for the Period October 1, 2004 through December 31, 2006.


2) ORDER 04-9-15-8/In the Matter of Accepting Revenue in the Amount of $57,555 from Willamette Family Treatment Services, Inc. for Registered Nursing Services.


D. Public Safety


1) ORDER 04-9-15-9/In the Matter of Delegating Authority to the County Administrator to Execute Change Order No. One (1) to Motorola Contract for Sheriff's Office Dispatch and Communication Equipment Upgrade.


MOTION:  to approve the balance of the Consent Calendar (and including item 7. b.) with the exception of  8. C. 1).


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


C. Health and Human Services


1) ORDER 04-9-15-7/In the Matter of Approving a Grant Application to the State of Oregon, Department of Human Services for the Lane Early Childhood Development Project in the Amount of $312,500 for the Period October 1, 2004 through December 31, 2006.


Morrison was confused about the dates and timelines because the actual grant is from October 1 to December 31, 2006.  She noted some projects had the same people and asked why they had to have a pilot project.  She thought they were already working with specific families.


Karen Gaffney, Health and Human Services, responded the RFP was released in July of 2004 and they have been working on writing it.  She added the state set the due date.  She noted these funds are federal grant dollars.  She stated the state applied for a federal grant and in the state’s application they said they would fund four pilot sites to test this particular model.


Morrison requested a copy of the application.  She thought these agencies were already funded and working together.  She didn’t know what would qualify Lane County for $312,000.


Gaffney said they wanted to build on strengths and the work they have in Cottage Grove represents that.  She indicated that they do not have to start from scratch; the pieces are already in existence.  She added it was a blending of new pieces and a strengthening of others.


MOTION:  to approve ORDER 04-9-15-7.


Dwyer MOVED, Sorenson SECONDED.


Morrison thought they were back-filling the budget cuts.


VOTE: 4-1 (Morrison dissenting).




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 16-04/In the Matter of Amending Chapter 5 of Lane Code to Clarify Lien Priority (LC 5.017) (Second Reading and Public Hearing: September 9, 1:30 p.m., Commissioners' Conference Room).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing  on September 29, 2004 at 1:30 p.m. for Ordinance 16-04.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a. ORDER 04-9-15-10/In the Matter of Increasing the Lane County Information Services Department FTE by 2.0 by Establishing Two 1.0 FTE Programmer Analyst II Positions Working in Support of the Lane County Health and Human Services and Public Works Departments.


Tony Black, Information Services, requested approval for the addition of three programmer analysts in the Sheriff’s Office, Health and Human Services and Public Works.  He indicated it was a result of implementation of their most recent billing budgeting system.  He said by identifying core services and maintenance requirements of the existing systems, they were able to stack up work requests with available resources and to go through a prioritization process for the projects.  He noted in those three departments there were identified shortfalls with completing projects in a timely manner and addressing all of the priorities of the department.  He said this is to  provide more programmer resources to each of the departments.  He noted one change is that all three positions are identified as Program Analyst II and the position at Public Works would be a programmer Analyst III.  He provided a corrected board order.


MOTION:  to move ORDER 04-9-15-10.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 04-9-15-11/In the Matter of Increasing the Lane County Information Services Department FTE by 1.0 by Establishing a 1.0 FTE Programmer Analyst II Position Working Entirely in Support of the Lane County Sheriff’s Department.


MOTION:  to move to approve ORDER 04-9-15-11.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a. REPORT/Designating Tax Foreclosed Property as County Parkland.


Jeff Turk, Management Services, recalled the Board asked for the feasibility of designating properties to County parks from tax foreclosure as parkland and selling the land with the proceeds being used for park purposes.  He indicated that ORS 275.320-330 allows a county by board order to designate any of its land as parkland.  He added if the property falls within the city limits of an incorporated city, there has to be concurrence from the governing body of that city.  He noted that ORS 275.330 provides for selling such designated parkland.  He said because Lane County has a population less than 450,000, they could do it by getting an election or by board action after a public hearing.


Turk questioned whether doing such a process would be compatible with statutes.  He got an opinion from Marc Kardell, Assistant County Counsel, and Kardell thought that upon reading the statute, it does provide for designating a property as parkland and then subsequently selling it.  He noted it didn’t allude to any time period that a property has to remain as parkland before selling, or whether it has to be used as parkland before selling it.


Turk explained they were looking at having less funding for the tax-foreclosed program if the property is going to be designated as parkland.  He noted the tax foreclosure program is self-funded, through the sale of tax-foreclosed properties.  He added the tax foreclosed program does not rely on the general fund for any of its funding, it is completely self-sufficient.  He stated that statutes allow the County to retain funds to manage the tax foreclosed properties.  He noted that properties are deeded annually to the county.  He said of the properties the County now gets, one-third would have a significant value over $15,000.


Turk stated the tax foreclosure program is self-funded and revenues over the past five years have averaged $210,000 per year, from the sale of properties.  He added from the rents they receive, they average another $6,000 per year from interest earnings.  He said expenses over the past five years averaged $135,000 per year.  He noted of those expenses, the program pays expenses back to the general fund through indirect, County Counsel and overhead. He noted for the past five years, it averaged $100,000 per year. He added that money after expenses goes to the taxing districts to get disbursed, like property taxes were paid.  He said that averaged $81,000 over the past five years.  He noted the statute requires that that happen annually so once a year that distribution takes place.


Turk said if the Board is going to designate foreclosed properties as park lands and sell them, there is direction staff will need.  He asked how much value the Board wants to designate as park land.  He said there is a certain level that the foreclosure program needs to maintain.  He asked what properties would be designated. He also asked if the management of the properties once they are designated goes to the Parks Department or another department.  He noted there were risks for this. 


Turk thought there were several ways the Board could go.  He said things could stay the way they are by having the County sell its tax foreclosed properties and distributing it to current statutes.  He said they could proceed at a measured pace by designating one or two properties as parkland and selling them, giving staff an opportunity to work out any problems in the process and that could be reviewed at a future date to make adjustments as necessary.


Morrison had concern with the aggressiveness with which they try to address selling those properties.  She thought it was contrary to the direction the Board had given on foreclosed properties the County had.  She wasn’t opposed to putting additional lands into park lands but she wanted to know how they would maintain them because they already have 1,400 acres that had been given for park land that they can’t do anything with because they don’t have the dollars.  She said adding more land means they are taking more off the tax rolls, when they could be re-selling the property and getting a greater value.  She added the zoning becomes an issue on the value of the property.


Dwyer disagreed.  He noted the money rather than being distributed to the taxing districts, would go to the park district so the Parks would have the resources to maintain those acres of land.


Morrison noted when they went through the Strategic Plan, foreclosed properties was an area they wanted to maximize.  She didn’t think by setting them aside as parkland with some potential in the future of reselling them is what they need to be doing if they have such a budget crisis.


Todd Winter, Parks, responded they would identify properties under Option B that if they were to designate them as parkland, it would be for the purpose of selling.  He would come to the Board and request that it be designated park land. As soon as he was granted that, he would move toward the annual sale to dispose of the properties, with the proceeds used for park purposes.


Morrison said the lands should be turned around to get back on the tax rolls so they are providing revenue to the County.


Dwyer viewed this as a tool and it doesn’t require them to do anything and gives the Park Department an opportunity to review where opportunities might exist for them to convert property that would be sold and go back on the tax rolls.  He added it would benefit the County, but instead of giving them the taxable portion they would receive from the disposition through foreclosure, they will give them all of the proceeds for use at the Parks Department.  He didn’t want to overdo the use, but he supported Option B, strategic uses. He added he wanted to have the Parks Department pay expenses if they benefit from the transaction of the property.  He commented this was a tool that if used judicially and appropriately could benefit the Parks Department, the County and the public at large.


Sorenson was in favor of moving forward with the proposal.  He favored B.  He did not like Option A.  He agreed more information would be helpful to try to get a fiscal impact if they were to adopt Option C. He wanted an option D adopting Option C with an opt out close.  He said it would have to be brought in front of the Board if it has certain financial impacts on a taxing district.   He wanted to say that there would be a specific outreach to the jurisdictions affected in the event they would be foreclosing on property.  He thought if it were below a certain level, they wouldn’t be doing this.  He added they should build in a public hearing requirement before the Board foreclosed on a property.


MOTION: to move Option B that they do not suffer a loss in foreclosure.


Dwyer MOVED, Morrison SECONDED.


Jeff Turk, Management Services, suggested they should select one or two properties that look like they would fit the criteria while there would be sufficient funds to go through the foreclosure process through the process of parklands.  He indicated he would have these properties as they are designated park properties to include them in the publication list for auction.  He asked if the Board wanted to formalize some policy for Land Manual.


Morrison recommended that go to Policy and Procedures.


Vorhes explained if the Board moves Option B, it is to move to articulate and bring that through Policy and Procedures.


VOTE: 5-0.


Green said they would come back with a more formal policy direction.










14.EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Green recessed the meeting at 12:00 p.m.

Melissa Zimmer

Recording Secretary