MARCH 30, 2011 Minutes



March 30, 2011

9:00 a.m.

Harris Hall Main Floor

APPROVED 4-13-2011


Commissioner Faye Stewart presided with Commissioners Jay Bozievich, Rob Handy, Sid Leiken and Pete Sorenson present.  County Administrator Liane Richardson, County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




Stewart added an item on the Consent Calendar: 5.F.1) ORDER 11-3-30-8.  He also added to 5.B.1) additional recognition letters to agencies involved with the tsunami alert on the coast for Lane County.


Handy indicated they have a proposed board order on the Consent Calendar that involves a matter of payment of $82,000.   He asked if the public had a chance to see this.  He asked if there was a reason they had to approve this today, or if they could roll it to next week and fit in with the regular policies and procedures.


Richardson stated they can’t roll that matter.  She said they have guaranteed a check be sent by next week and it needs to be approved today in order to get the check moving.  She said this happened late last week after agenda setting and it needs to get on for this week.




a. PUBLIC HEARING / ORDER 11-3-30-1/In the Matter of Adopting the FY 2010-2011 Supplemental Budget #2, and Making, Reducing and Transferring Appropriations.


Jennifer Inman, Senior Management Analyst, reported they had their bond sale after she published the notice for the Supplemental Budget.  She said it is acknowledged in the materials the Board has, but it wasn’t in the notice.  She read the changes in the board order (copy in file).  She commented that the vast majority of the change is the bond sale and applying that sale of $4,295,736. She added the total change in the budget will be $5,361,903 and a decrease of 4.55 FTE.  She noted in the supplemental budget they have implemented the reductions in the general fund directed by the Board in February and those totaled $518,751, the majority of which has been budgeted again in the general fund reserve.  She reported that most of the funds in their budget, (including the general fund) decrease as a result of the Supplemental Budget.


Handy asked about the Animal Services contract with the city of Springfield.


Inman responded that there was no change in the contract, the proceeds were budgeted in two line items.  She indicated that it was a technical adjustment.


Commissioner Stewart opened the Public Hearing.


Patty Hickle, Springfield, reported that her property is in farm forest deferral.  She indicated that her neighbors are also in farm forest deferral but they are not doing anything with the land.  She noted that most of the land is vacant.  She turned them into Anette Spickard, Assessor, but it took two years before they got out to the property.  Hickle reported when the County got out there, there were back taxes of $11,115.  She indicated they let that go and now they are trying to redeem what they should have done in the past.  She said she had her property for ten years and no one has sent her anything  about  her land being in farm forest deferral.  She commented that this is lost revenue.  She wanted the Board to go after the people who are really scamming the system to collect the back revenue.


There being no one else signed up to speak, Commissioner Stewart closed the Public  Hearing.


Leiken  thought this was a legitimate concern and it was appropriate for her to speak to the Board. 


Sorenson asked Hinkle to send a letter to the Board they could share with the assessor’s office and the state legislature.


MOTION: to approve ORDER 11-3-30-1.




Richardson reported that Spickard had just e-mailed her and she copied the Board on a letter she sent to Hickle. Spickard said the law for farm forest deferral doesn’t allow her to collect back taxes, until there is a change of use of the property that takes it out of the programs.  Richardson stated that Spickard can’t do anything to collect the back taxes as the law currently exists.  She said the back taxes will sit on the account as a matter of public record until there is a change.  She added the law allows for movement between programs without penalty, which is what Hickle’s neighbors have done.


VOTE: 5-0.




Shane Martin, Springfield, said he is an involved member in the community and active member of the United Coalition of Color.  He said in the community there are several segments of the population in need of a great deal of help that falls to the people in this room to provide the help.  He addressed the children of color involved with the Juvenile Justice System in Lane County.  He said the United Coalition of Color is dedicated helping the youth of color involved in the Department of Youth Services in Lane County.   He said they sent a letter on February 17 to the Board.  He read the letter into the record.   He said the UCC wants to be involved in the hiring process of a new director of Youth Services.  He said the members of UCC specialize in dealing with children of color and their input in this matter would be of great benefit to the Department of Youth Services and to the community.


Allen Murphy, Elmira, Captain, Lane County Sheriff’s Mounted Posse.  He said they have been working on a symposium for the past 18 months and it will involve 14 counties in Oregon that have a mounted posse.  He indicated that they all work together when there is a mission.  He asked the Oregon Association of Mounted Posses if they could be the host county for their symposium that is an annual event.  He said they have been using the horse arena at Mt. Pisgah for over 25 years.  He asked if they could use the area for the symposium.  He said there is no problem using the arena area, they are asking to use the whole park for a large mock search.    He said they help serve the Sheriff and their purpose is to guide the Code of the West.  He asked for the Board’s support.


Bill Duncan, Corvallis, said he is a Benton County Posse Officer and publicity director for the Oregon Association of Mounted Posse.  He commented that every year search and rescue does save lives.  He said they also provide services that support criminal cases, evidence searches and fugitive tracking.  He said that search and rescue is a community service by many individuals.  He indicated that only a handful of paid people are at each agency. He added that unpaid professional volunteers are the majority of the responders.    He said the training at Ms. Pisgah will help them and the focus will be on horses.  He noted that every year members who are certified have to have a minimum of 30 hours training that are kept track by each emergency management office and this is part of the 30 hour training for hundreds of volunteers.


John Miller, Eugene, supported the event that will take place at Buford Park.  He hoped the Board will provide them the location for this event.  He said they are going to manage the event to be as realistic as possible.


Sheriff Tom Turner, Eugene, supported the posse.  He said their efforts are what help make their search and rescue what it is today.  He stated he would lend whatever resources he could to make it work.  He indicated that they go to Mt. Pisgah five or six times per year looking for lost people so it is a good place to practice.  He encouraged the Board to approve this.


Jim Gillette, Eugene,  stated he never denied that paintball games took place on this property.  He said in the fact sheet the County charged him for something that did not take place.  He noted on a poster there were six paintball games but only two took place on his property.  He stopped them immediately when he realized what was going on.  He said the person leased land from him for $400 for the paintball games for the year.  He said everything in the code said you don’t go after the landowner,  you go over the person who is guilty.  He said it was stated there were 75 cars on his property but there were less than 30 cars.  He said he went to the state of Oregon to get a $50,000 grant to pave Needham Road for his park.  He added that the state issued him a grant.   He indicated he spent $5,000 of the grant to get a survey done.  He said when his neighbors found out he was getting a grant from the state, they went to the state to say he didn’t have a legal park and the County didn’t approve of it.  He noted the state dropped the grant.  He said the neighbors can’t say that he hasn’t tried.  He added that now his neighbors are behind him because they don’t want to see a subdivision built.  He thought it was pathetic that of all the charges he gave this was the only one the County came up with.  He talked about charge 14, an inspection done on his property where there were still RV’s on the property.  He said he was fined from July 10 to July 30 in 1996.  He said a letter was sent to the Board and not to him.  He added at the same time a letter sent to him had a different date.


Ann McLucas, Eugene, emphasized the positive things about Jim Gillette’s property where she also now lives.  She said after many months they were able to get tax exempt status for Gillette’s property.  She commented that is a step forward for what Gillette wants to do with the property, having it as a multi use property for people to use for recreation near Eugene.   She said they have signatures of 4,000 people who have signed in and they agreed by the rules.  She said people have been using the property for hiking and horseback riding and ATV use.  She said Gillette has ways to make it self-sustaining so in times if he gets to leave it as a piece of property, it will pay for itself.  She indicated that he wants to cooperate with the County.  She stated that Gillette feels there has been an injustice done and the fines he paid are without sufficient proof and without having a hearing and that is standing in the way.




Sorenson thought the testimony on the supplemental budget is something they should follow up on.  He thought they should pursue it.


Handy said the young people today will be the first generation in U.S. History that are not as well educated as their parents or be as well off.  He said the super wealthy have declared class warfare on the poor and the shrinking middle class.  He indicated they are now seeing these tactics on working people and the middle class coming to Eugene.  He believed that economic and social justice is still a basic human right and he will advocate for it every day.


Leiken thanked Spickard for giving Richardson a response on the issue that came before them.  He indicated that he will forward the e-mail sent to him to Representative Beyer to see if there is some potential opportunity so they can have the state legislature work with them.


Bozievich commented that the local search and rescue volunteers are some of the best in the country.  He appreciated the work they do.


Stewart asked if they could bring the discussion of the property tax to the next Legislative Committee meeting.  He said Spickard attends the meeting and they can have a discussion.  He thanked people from the posse and search and rescue.   He indicated they did have a tragedy this weekend up the McKenzie and there were a lot of volunteers involved trying to find the person.  He thanked the volunteers for the terrific work they do.  He told Gillette that they will be discussing his item next week.  With regard to the director at Department of Youth Services,  he said Richardson’s intent is to not fill the position until there is a permanent County Administrator and that person can fill those positions.  He said the Board heard there are people that would like to be involved and in the past there has been an opportunity to be involved in the process.




A. Approval of Minutes


May 4, 2010, Regular Meeting, 9:00 a.m.

May 5, 2010, Regular Meeting, 9:00 a.m.

May 5, 2010, Regular Meeting, 1:30 p.m.

March 15, 2011, Regular Meeting, Following HACSA

March 15, 2011, Regular Meeting, 1:30 p.m.

March 16, 2011, Regular Meeting, 1:30 p.m.


B. Board of Commissioners


1) In the Matter of Sending Letters of Appreciation to Utility Companies.


C. Management Services


1) ORDER 11-3-30-3/In the Matter of Authorizing the Sale of Surplus County Owned Real Property for $1,000 to the Linda S. and Donald E. Wolford Revocable Living Trust Dated April 4, 2008 (MAP # 18-12-14-13-01200, Adjacent to 87180 Munsel Lake Rd., Florence).


D. Public Safety


1) ORDER 11-3-30-4/In the Matter of Authorizing the Temporary Closure of the Howard Buford Recreation Area, Outside of the Mt. Pisgah Arboretum, to Allow for Search and Rescue Training In Conjunction with the 2011 Oregon Association of Mounted Posses Search and Rescue Symposium.


E. Public Works


1) ORDER 11-3-30-5/In the Matter of Awarding a Contract to Eugene Sand Construction Inc., for Un-Coated Oil & Sanding Rock Materials, Various Stockpile Sites, Prospective Contract No. 10/11-09.


MOTION: to approve the Consent Calendar.




Handy recommended Amber Fossen, Public Information Officer put out a press release about Mt. Pisgah.


VOTE:  5-0.




a. REPORT/Legislative Committee.


Alex Cuyler, Intergovernmental Relations Manager, gave a presentation of legislative recommendations.   (Copy in file).


Bozievich indicated he was supportive of the University of Oregon’s desire to be more locally controlled.  He also supported getting sworn officers on campus.  He was supportive of the positions on 405 and 559.  He was concerned about the joint resolution 20 and the amount of debt for the state.  He indicated that they are already paying $900 million annually in debt payments.  He was in favor of letting the voters vote on that.  He said if they are going to take a support measure on the  University of Oregon system, he didn’t think they could take an oppose position on the state police, if it is about letting the voters have a chance to vote.  He said he would rather move the University of Oregon to a monitor position and move the state police to a monitor position. 


MOTION: to move approval of ORDER 11-3-30-9/Adopting Positions on Legislative Issues During the 76th Legislative Session  with the change in items 4 and 5 to monitor instead of support and oppose that is listed on the spreadsheet.


Bozievich MOVED, Leiken SECONDED.


Sorenson didn’t think they should oppose a bill in discussion because it is not clear what they are actually opposing.  With regard to amending the constitutional amendment regarding constitutional funding he said they have to support the bill and the referral as they go hand in hand.  He supported the referral.  With regard to SJR 36, he thought allowing the voters to amend the constitution and the use of gas tax and weight mile funding for use by the state police should be supported.  He said he would vote no on the motion because of some things that were said.


Leiken stated that he was contacted by a group that was in opposition of SJR.  He commented that whether they monitored or opposed it, he thought it was getting to a time where it doesn’t matter.  He sent correspondence to Chief Kerns and Smith and to Sheriff Turner and the District Attorney.  He said that Sheriff Turner was supporting SB 405.  He wanted to take the lead from the Sheriff on this issue.  He supported the issue.  With regard to the motion and monitoring of SJR 20, he agreed to support but would move to monitor.  He said it would be referred to the voters and they would be making the decision.  He thought it was an opportunity to leverage dollars for the University of Oregon that would spread out beyond Springfield and Eugene.  He leaned more toward support.


Bozievich amended his motion to support item 4, the University of Oregon referral.  He added the state police will not go anywhere and he agreed to leave it at monitor.


Bozievich amended his motion to approve the Legislative Committee’s recommendation with the exception of item 5, switching from oppose to monitor.


Leiken the second agreed.


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


Cuyler reported that April 9 under the Legislative Assembly’s Rule is the last day measures have to have been advanced out of the committee to which they were assigned.  He said while they have a heavy schedule for the Legislative Committee for when it next meets, they might pare down and begin to see a smaller number s of bills.  With regard to the Board’s priority bills to get passed, he reported the County’s Law Library proposal has come out of committee with a do pass recommendation and it will be up for a vote on Monday in the House.  He added the privacy bill is coming up for a hearing today.  He said they have a hearing for the Justice Court proposal for next week.  He indicated the proposal they tried to get for a transfer of title of manufactured homes is no likely going to advance.  He said a House joint memorial was read on the floor of the house regarding reauthorization of the Secure Rural Schools Act.  He helped getting signatures on that measure.


Handy wanted the Legislative Committee to take up the state bank bill, HB3452 and SB 889.


Stewart asked that the discussion about farm deferral also get discussed at the Legislative Committee.




a. REPORT/Historical Museum.


Jim Gustina and Bob Hart gave a report about the Historical Museum.


Stewart reported that he discussed this building with the United Front as a possible gift exchange from the U.S. Postal Service.  He indicated this piece of property has been placed for sale on the market and he didn’t think an exchange for the property was feasible.   He thought it was important to have this museum downtown.  He wanted to see if there was an opportunity to see if some Lane County property could be exchanged with the Post Office.  He wanted to know if there was a role the County could play.  He was supportive of finding a way to help.


Leiken also supported the idea, as it made sense.


Sorenson wanted to have the Lane County Historical Museum move into the Post Office.  He thought it was a good opportunity.


Handy was supportive.  He wanted to learn more about what they could do as an organization.


Bozievich also supported the idea of getting the Historical Museum relocated to the downtown area.  He thought it could be a great tie to other things happening downtown. 


Stewart wanted to propose the potential relocation of the Historical Museum to the  Post Office building.  He wanted to allow staff to work together  so that Lane County government can assist.


MOTION: to move that the Lane County Board of Commissioners and the administrator and organization work with the Historical Society and Museum on possibilities and options in moving forward with the Museum’s possible relocation.




Richardson said they will craft a letter for the chair’s signature indicating that the Board supports the Historical Museum.  She  added she will add the Board supports staff work in finding options that are available.


VOTE: 5-0.


b. ORDER 11-3-30-6/In the Matter of Recognizing the Lane County Budget & Planning and Document Resource Staff for Receiving the Government Finance Officers Association (GFOA) Award for the FY 10-11 Adopted Budget Document.


MOTION: to approve ORDER 11-3-30-6.


Bozievich MOVED, Handy SECONDED.


VOTE: 5-0.




a. Announcements.


Richardson indicated that one of the letters the Board received last week  (while she was out) was a letter requesting that the Board talk to the cities about their no idling policy that was previously passed.  She is waiting for Marsha Miller, Public Works, to get back because Fleet Services recommended the policy and they have been tracking it.  She wanted the Board to educate the cities.  She proposed that she and Miller work on a joint letter to the cities within Lane County telling them about the idling policy. She didn’t want to have the Board telling the cities what to do.  She thought it would be good to let them know the County’s experiences.


Stewart said the letter requests the Board approach LCOG in making the cities and other jurisdictions consider this.  He said he is a member of the Executive Board of LCOG and he said he would get it scheduled for the full Board of LCOG’s membership.  He indicated he would report back to the Board.  He added that he will  also reach out to Oregon Toxics and LRAPA.


b. REPORT BACK/National Association of Counties (NACo) Request.


Richardson reported that AOC received a letter from NACo about their July 15 through July 19 conference in Portland, OR.  She said the letter requested sponsorship help.  She indicated that AOC pledged to support NACo in their conference and they in return asked each of the counties to support at least $500, up to $2,000 to support the conference.  She recalled the Board wanted to talk to Travel Lane County to see if they had seen any increases in tourism the last time the conference was in Oregon.  She indicated that Travel Lane County had no way of requesting that information at the last conference.  She indicated there are now opportunities where the Board would be able to track whether or not it accomplished the goal of bringing more people down to Lane County.  She indicated one of the sponsorships is a tour sponsorship.  She reported the tour sponsorships are $5,000, but they could go to something less and continue to inquire how they can give tourism information about Lane County in any of their materials.  She noted the Board still has money in the contingency fund. 


Stewart indicated that he received an e-mail from Travel Lane County stating they have  contacted NACo and they are incorporating working on trips for Lane County for interested people.    He noted there are 20 counties that have pledged something to support this conference.  He was in support of making a contribution or sponsoring the event at some level.  He supported $2,000.


Leiken thought it was a good idea to be supportive.  He agreed with the amount  of $2,000. 


Stewart asked to take the $2,000 as a minimum and to see if Travel Lane County would split the cost of the tourism package and they could go to $2,500.


MOTION: for the Lane County Board of Commissioners to sponsor $2,000 towards the conference and if Travel Lane County would split the cost of a $5,000 sponsorship, to split the cost at $2,500.


Leiken MOVED, Stewart  SECONDED.


VOTE:  5-0




a. Announcements






a. ORDER 11-3-30-7/In the Matter of Setting a Public Hearing for the Proposed Surrender of a Portion of Harvey Road (County Road Number 1088) to the City of Creswell. (Public Hearing, April 27, 2011)


Mike Jackson, Land Management, explained that this is just a formality for a public hearing for April 27, 2011.


MOTION: to approve  ORDER 11-3-30-7.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


b. FIRST READING and SETTING THE SECOND READING / PUBLIC HEARING/Ordinance No. PA 1279 /In the Matter of Adopting an Amendment to the Cottage Grove Comprehensive Plan Consistent with the Recommendations of the Cottage Grove Economic Opportunities Analysis (EOA), Adopting Map Amendments to the Cottage Grove Urban Growth Boundary (UGB) Including Re-Designation of 195.83 Acres for Industrial Use; 16.34 Acres for Commercial Use; 14.77 Acres for Parks and Recreation Use; and 14.17 Acres for Low Density Residential Use; and Making Corresponding Changes to the Lane County Rural Comprehensive Plan; and Adopting Savings and Severability Clauses.  (Applicant: Cottage Grove; File No. PA 10-5348) (Second Reading/Public Hearing, April 13, 2011)


Handy asked that they bring back the issues about Rachel Road for the Public Hearing.


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1279 for April 13, 2011 at 1:30 p.m.


Leiken MOVED, Bozievich SECONDED.


VOTE: 5-0.




Stewart announced that he received a letter from the Director of Parks Department for the State of Oregon announcing that they have awarded a $419,683.92 grant and contract to replace the Marina Docks in Lowell State Park.  He thanked the state.






13. EXECUTIVE SESSION as per ORS 192.660

(Commissioners' Conference Room)


Per ORS 192.660(2)(h) for the purpose of pending litigation.






There being no further business, Commissioner Stewart recessed the Board into Executive Session at 11:40 a.m.


Melissa Zimmer

Recording Secretary