APRIL 13, 2011 Minutes Morning Session



April 13, 2011

9:00 a.m.

Harris Hall Main Floor

APPROVED 4-27-2011


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 pulled item 8 a. because there are new budget numbers that need to be factored into the document.  He said that item will be moved to the April 27 meeting.  He indicated that under Commissioners Business there will be a report from the OSU Extension Service.




Jim Gillette, Eugene, commented that his neighbors disagree with him because he wants to do a park.  He stated that he has never done anything harmful to the neighborhood.  He indicated that Marc Kardell, Assistant County Counsel presented facts that didn’t have much to do with the case.  He said there was never a site visit to his property on July 26.  He didn’t find out about the letter for six years and that was when it was too late. With regard to paintball, said he never denied paintball takes place on his property.  He added that it still takes place on his property.  He said his property is open to the public and paintball is not an illegal activity.  He was only fined for one paintball tournament.  He recalled at that time he pleaded for a mass gathering.  He said they are allowed a mass gathering every 30 days.  He asked why he wasn’t told at that time.  He said it should have been a one day fine.  He stated that the Oregon Department of Parks and Recreation  gave him a $50,000 grant.  He said he was fined for fire arms training. He commented that firing blanks is not fire arms training.  He added that it was an enforcement action. 


Ann McLucas, Eugene, said that last week’s presentation was weird.  She said it was a half hour of what the County attorney wanted to bring up with no warning to Jim Gillette about what that might be.  She said that Gillette was not prepared to answer questions.  She added that Gillette only had five minutes to respond.  She said the two major points were invalid.  She stated that Gillette was fined for events that didn’t take place.  She said the pictures that were shown were non-occupied RV’s, they were R.V’s not attached to dwellings.  She said she doesn’t know it from her own experience because she wasn’t there then, she relied on Gillette’s honesty.  She said this is a case of class warfare. She stated that families come onto the land to ride motorized vehicles.  She indicated that it is a friendly multi-use place and it would be a wonderful resource for Lane County.  She said there is a craw of $26,000 that Gillette has had to pay.  She thought it was punitive and way over the limit.




Handy recalled that last week the Board devoted time to Child Abuse Awareness Month.  He noted that socks are comforting and useful for families who are in transition.  He said they are focusing on donating socks for Child Abuse Awareness Month.  He indicated there is a bucket in the Public Service Building where people can bring their socks to help out families.  He announced that this weekend is a free medical clinic put on by the Cascade Medical Team.


Sorenson said he received an e-mail from Senator Merkley.  He agreed with Senator Merkley about fighting cuts to health care and Medicare.


Stewart told Gillette that a mass gathering permit is one every three months, not one every 30 days.








A. Approval of Minutes


May 18, 2010, Regular Meeting, 1:30 p.m.

March 30, 2011, Regular Meeting, 9:00 a.m.


B. Public Safety


1) ORDER 11-4-13-1/In the Matter of Delegating Authority to the County Administrator to Execute Two ATV Grant Program Agreements Between the State of Oregon, Oregon Parks and Recreation Department and Lane County in the Amounts of $116,000 and $220,000.


MOTION: to approve the Consent Calendar.


Leiken MOVED, Bozievich SECONDED.


VOTE: 5-0.




a. Announcements.




b. ORDER11-4-13-3/Adopting Positions on Legislative Issues During the 76th Legislative Session

Alex Cuyler, discussed the Legislative Committee recommendations.  (Copy in file).


MOTION: to approve the packet as a whole minus item number 1, 2, 3, 21, 25, and 45 because those bills are dead.  Remove items 14, 29, 30 and 56 for a separate discussion and vote.


Handy MOVED,  Sorenson SECONDED.


Stewart asked if Handy would amend his motion to include number 20.


Handy amended his motion to include number 20. Sorenson SECONDED.


VOTE:  5-0.


Number 14, HB3166


Handy wanted to support this.  He indicated the original position was to oppose.


MOTION:  to move to support HB3166




VOTE: 5-0.


Number 20, SB41


Stewart recalled that this was a recommendation from staff.  He said they found this item has been amended several times and is still in the works.  He indicated that it appears that there will be a bill that comes out.  He noted the recommendation was to monitor as it continues to be amended.  He said it will add clarity to some timelines required on public records requests.


Cuyler explained what they don’t like about the bill is that the initial bill suggested the implementation for local government would be delayed and in the amendment they are lumped in with state agencies so they would be require to begin this practice in July.  He thought by having the monitor position it gives staff more flexibility to provide input.


MOTION: to monitor SB41.




VOTE: 5-0.


Number 29, SB795


Handy thought this bill was a step in the wrong direction and it will shift the cost burden onto mom and pop.


MOTION: to oppose SB795.


Handy MOVED, Sorenson SECONDED.


Leiken wanted to continue to monitor this.  He wanted to get Senator Beyer’s and Representative Beyer’s perspective on this.


Sorenson said the integration between land use planning and transportation is the heart of this legislation.  He thought the bill was too extreme in prohibiting LCDC from adopting a transportation planning rule.  He thought the motion should be approved.


VOTE: 2-3 (Bozievich, Leiken, Stewart dissenting) MOTION FAILS.


Bozievich asked that this be left off the list until they can get more information and then they can bring it back.


Cuyler wanted this to come back to the legislative committee with the caveat that if this looks like it has a fast track, he would come back with emergency business at the next meeting.


Number 30, SB960


MOTION:  to amend the recommendation from support to monitor


Handy MOVED, Sorenson SECONDED.


Stewart indicated that he supports monitoring, but he also supports all efforts to get clarity behind temporary promotional events.


VOTE: 5-0.


Number 56, HB3464


Handy noted the recommendation is to oppose.  He wanted to change that recommendation to monitor.


Handy MOVED, Sorenson SECONDED.


VOTE: 3-2 (Bozievich, Stewart dissenting).


MOTION: to approve ORDER 11-4-13-3.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


Letter to Oregon House Delegation


Cuyler reported that Secure Rural Schools is in the budget in an unreserved account, with items dealing with deficit spending.  He said Secure Rural Schools is one of six items of deficit spending that made it into the House budget.  He said the challenge now is to figure out how to pay for the SRS program.  He indicated there was an enormous amount of work done from the House Delegation from Oregon.  He noted the recommendation from AOC was to send thanks. 


MOTION: to move approval of sending the letter.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. Announcements






a. ORDER 11-4-13-2/In the Matter of Approving Submission of the County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2011-12. (PULLED)


9. 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 meeting into Executive Session at 10:25 a.m.


Melissa Zimmer

Recording Secretary