BOARD OF COMMISSIONERS'

REGULAR MEETING

following HACSA

December 12, 2007

Commissioners’ Conference Room

APPROVED 1/6/2010

Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

Fleenor wanted to discuss the Heceta Beach and Ocean Road issue under Commissioner’s Business.  Stewart indicated that they have an Emergency Business item.

2. PUBLIC COMMENTS

Debra Anderson, Florence, spoke on the notice of the land use decision in the Heceta Beach area on Ocean Way and Second Avenue.  She said she lives near the corner and asked how soon she could meet with Fleenor to discuss the issue. She indicated a neighbor; Robert Peters has submitted an appeal to the decision.  She also thought another neighbor submitted an appeal.  She indicated they were going through the legal process hoping to get some action to finalize the issue

Jim Gillette, Eugene, recalled with the present fine, the Board said they wanted him to be in compliance, they didn’t want to take his money.  He said if the County would have followed procedures, he wouldn’t be in this position.  He commented that the fight will get nasty.

Stewart recalled when he became a commissioner; he helped Gillette get his property into compliance.  He stated the fine was for one day.  He recalled Gillette was at $1,000 per day for the fine and Gillette came in the first day and he was not charged for three days.  Stewart said he and Gillette were working on a compliance issue together because he did have illegal mobile homes and septic tanks.  He added there were illegal additions to his structure.  Stewart noted there was an illegal residence on the property with someone living in it.  Stewart said they gave Gillette a timeline of 18 months to bring his property into compliance.  He recalled that Gillette got to a point where he was not willing to do anything about the illegal residence and the shack where someone was living.  Stewart believed they went out of their way for Gillette.  He added they offered to come to a settlement but Gillette’s offer was zero dollars.

Ann McLucas, Eugene, said she didn’t know the entire history.  She heard at the Board meeting that there would be a full hearing on the facts of the case.  She indicated that had never happened but instead the fine has continued.  She asked the Board why they won’t drop this case.  She said Gillette is in compliance and he has paid a substantial amount of money.

Zachary Vishinoff, Eugene, stated that he has been hearing about a new indoor track for the University of Oregon.  He said it is a problem because they already have the basketball court and baseball field. He said he didn’t think they were interested in preserving Civic Stadium.  He distributed information to the Board.  (Copy in file).  He discussed the problems with the jurisdiction of Franklin Boulevard.  He thought this could affect the economy. 

Lynn Foguerson, said he lives on Biggs Road.  He said he has an 85 year old mother he is concerned about getting health care services if something were to go wrong.  He indicated that they have a neighbor who does a lot of farm work and larger vehicles going across the bridge.  He was concerned about the weight limit for a fire truck.  He said if they are denied public access to the bridge, their fire insurance rates will go up.  He said all the neighbors would be willing to work with the Board but they don’t have a lot of money.  He thought a culvert might be the answer and the Board could review it.  He asked the Board to keep them informed.

3. CONSENT CALENDAR

A. Approval of Minutes:

December 12, 2006, Regular Meeting, 9:00 a.m.

B. County Administration

1) ORDER 07-12-12-1/In the Matter of Requesting $250,000 in Funding from the Field Burning Research Fund to Identify Options for Energy Production From Grass Seed Straw.

2) ORDER 07-12-12-2/In the Matter of Reappointing Alice Kaseberg to the Lane County Budget Committee.

C. County Counsel

1) ORDER 07-12-12-3/In the Matter of Amending Chapter 2 of Lane Manual to Revise Provisions Pertaining to Uninsured Motorists (LM 2.625).

D. Health and Human Services

1) ORDER 07-12-12-4/In the Matter of Applying For and Accepting a Community Tobacco Education Grant to the Oregon Department of Human Services in the Amount of $258,225 for the Period January 2008 Through June 2009.

2) ORDER 07-12-12-5/In the Matter of Amending Chapter 3 and Chapter 60 of the Lane Manual to Reflect the Department Move and Name Change of Lane County Animal Regulation Authority (LCARA) to Lane County Animal Services (LCAS) and to Create the Animal Services Advisory Committee (LM 3.094, 3.536, 60.825, 60.840)

E. Public Works

1) ORDER 07-12-12-6/In the Matter of the Alteration of a Segment of Dunning Road (County Road No. 1076), (21-35-22).

2) ORDER 07-12-12-7/In the Matter of the Alteration of Two Segments of Deadwood Creek Road (County Road No. 44 and 720), (16-08-18 & 16-08-19).

3) ORDER 07-12-12-8/In the Matter of Awarding a Contract to Western Power and Equipment, in the Amount of $325,990.99 for the Purchase of Three (3), New, Rubber Tire Tractors with Mowing Attachments, Contract FY07/08 FS-05.

4) ORDER 07-12-12-9/In the Matter of Awarding a Three-Year Requirements Contract to Cascade Health Solutions for the Purchase of Alcohol and Drug Testing, CDL Physicals, Medical Review Officer, and Related Miscellaneous Services and Authorizing the County Administrator to Sign the Contract.

MOTION: to approve the Consent Calendar.

Sorenson MOVED, Fleenor SECONDED.

VOTE: 5-0.

4. EMERGENCY BUSINESS

Load Posting of Perkins Creek Bridge on Biggs Road

Ollie Snowden, Public Works, gave an oral report on the bridge. He recalled the residents replaced the bridge at their own expense and it is nearing the end of its life.  He said their intention is to post it at the recommendation from ODOT before January 1.  He said if the Board doesn’t want them to do it, they should direct him otherwise.  He asked the Board about the level of involvement they want from staff.

Fleenor thought the downside of posting this would be that the residents will no longer be provided emergency service.

Snowden said they won’t be out there monitoring the bridge to see who drives over it. 

Fleenor said if the Board could help without spending too much of the County resources, he would like to help.

Stewart said they need to get it posted for protection reasons and he would be interested in finding out the options, including how many people use the bridge and the type of uses. 

Snowden indicated they would bring this back January 10.  He added that they will need a board order to spend the money because it is a local access road.

5. COMMISSIONERS' REMONSTRANCE

Sorenson recalled that last week the Board of Commissioners met with the Commission on Children and Families and Commissioners Stewart, Green and he were present.  He indicated the status on Oregon’s children from 2006 was distributed.  He said it shows they have problems.

6. COMMISSIONERS' BUSINESS

a. ORDER 07-12-12-10/In the Matter of Recognizing Judy Ferrell, PW Parks, an Award of 16 Hours of TM, and Mike Pattle, PW Engineering, an Award of 12 Hours of TM.

MOTION: to approve ORDER 07-12-12-10.

Green MOVED, Fleenor SECONDED.

VOTE: 5-0.

b. DISCUSSION/School Construction Excise Tax (SB 1036).

Stewart explained that the legislature gave the authority  last session to the school districts to impose a construction fee on new construction in the state.  He said Bethel School District has adopted this tax.  He added that South Lane District is considering it next Monday.  He said this is a discussion about the possibility of the County collecting a fee for the school districts.

Craig Starr, Land Management, indicated they are having conversations scheduled with school district superintendents in the next week.   He asked for direction on some of the major policy issues.  He said if the Board authorizes negotiation of an IGA with the school districts, there will be administrative details in the agreements. He indicated that they have only identified four policy questions to consider.  He asked if the County wanted to consider entering into an IGA to collect the taxes for the school districts.  He said if the answer is no, then they don’t have to discuss the other three policy questions.

Van Vactor thought there would be a down side to Lane County not participating with the school districts.

Fleenor said he would be a yes with the caveat that Option 2 would be implemented with full cost recovery, otherwise he would be a no.

Starr said his recommendation is that the Board authorize them to talk to the school districts about the terms of IGA’s for collecting the tax.  He didn’t want to take the heat in Land Management when someone is asked to pay the tax at the Land Management counter.  He thought Land Management was the most efficient and effective place to collect the money.  He asked the Board if they want their permit applicants subsidizing the school district collection out of the fees they pay.  He didn’t think it was appropriate.  He asked what they should do if the building permit applicant refuses to pay the fee at the front counter.  He understood then the County wouldn’t issue the building permit  He recommended the school districts collect the fees.  He also asked if there should be full cost recovery.

Tony Bieda, Intergovernmental Relations Manager, said one of the things they would adopt in their model IGA would be explicit language that would say the district shall provide to the County all of the forms necessary to collect and remit the construction excise tax.  He added that includes any public information in the form of brochures, flyers and assistance explaining the excise tax subject to review and approval of the County.

MOTION: to collect fees at full cost recovery and to take staff’s recommendation on Option 2 and 3.

Fleenor MOVED, Sorenson SECONDED.

Stewart thought it was a lot of money to process what needs to take place. He hoped in the future they could monitor and audit this.

Green stated that he wouldn’t support the motion because it is an under funded mandate by state legislature.

Dwyer didn’t support it.  He said it was counterproductive with providing affordable housing.  He was against the concept.

Sorenson said he would support this but thought the County should recover full costs.

VOTE: 3-2 (Dwyer, Green dissenting).

c. DISCUSSION/Ocean Way and Second Street

Stewart indicated there have been concerned citizens talking about a legal lot verification that encompasses a County road and concerns about the road disappearing.

Wilson said because there is a legal lot verification process and because there is an appeal, the Board has to remember there is a potential that they will be the land use decision makers.

Stephen Vorhes, Assistant County Counsel, explained that they avoid having public comment on pending land use issues that are quasi judicial because it is in the nature of an ex parte contact with the potential decision makers.  He said they will fold what the Board has heard into the record.  He indicated that there is an appeal of the initial planning director determination.  He said the process looks at whether the unit of land was legally created.  He noted that all options as the road authority remain.  He asked the Board to keep their impartiality as best they can.  He said if it comes to a hearing, he will ask the Board to state ex parte contacts and to reach the decision only on the record in front of them.

Tom Drechsler, Land Management, explained that there was a survey done on the property in 2003 that identified a portion of the property above the high water and vegetation water line.

Stewart asked what rights the County has to the road.

Drechsler responded that Ocean Way is a legal County road that goes to the boundary of tax lot 5300.  He added that beyond that there is no dedication of right-of-way.  He indicated that it was never part of the County road., although a road has existed there for at least 40 years.

Stewart reiterated that a legal lot verification does not state that they would be able to build anything on the road if they get it.  He said the Board will do everything they can to maintain access to the homes.

7. MANAGEMENT SERVICES

a. ORDER 07-12-12-11/In the Matter of Acknowledging Receipt of the Lane County, Oregon Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007, and Setting Forth the Corrective Measures for Deficiencies Contained Therein.

Jim Lanzaretti, Moss Adams, discussed the CAFR.  (Copy in file).  He indicated that they issued an unqualified (meaning clean) opinion with regard to the financial statements. He added that a clean opinion is the best the County could get.  He said the County has a good process to get the statements right.  He noted there was a clean opinion on the state and federal compliance report.  He indicated there were two controlled deficiencies that were noted over the timing of recognition of one bill and one revenue item.  He commented that given the challenges, the County has made prudent financial decisions and the financial help of the County is slightly better at the end of June 2007 than it was  in June 2006.

MOTION: to approve ORDER 07-12-12-11.

Green MOVED, Fleenor SECONDED.

VOTE: 5-0.

8. COUNTY ADMINISTRATION

a. Announcements

None.

b. REPORT/2007 Charitable Contributions Campaign.

Hector Rios, Human Resources, reported that this was the most successful campaign Lane County has had in its history.  He noted the average per pledge was $256 and they brought in $105,821.  He indicated that they still have pledges coming in.

c. ORDER 07-12-12-12/In the Matter of Appointing a City Manager Representative and a Citizen Member to the Public Safety Coordinating Council.

John Clague, PSCC, reported that one of the citizen positions is becoming vacant because the person holding it has served two full terms and the Lane Manual gives a two term limit unless there is a compelling reason to be appointed for a third term.  He said they advertised for the position and they interviewed three candidates.  He said two were impressive: Tim Laue and Paul Solomon, who works at Sponsors.  He explained that Solomon is an ex-offender who is bright and has a comprehensive understanding of the criminal justice system from a different point of view.  He thought it would serve the interest of the citizens to have both appointed to the PSCC even though they only have one position vacant.  He said they could create an extra citizen position for just this year.  He noted at the end of next year, Gretchen Pierce’s two term limit is up and she would go off the PSCC.  He indicated they could then eliminate that citizen position. 

Clague noted the other position is for a city manager.  He said the previous city manager has resigned and they have appointed Chuck Spies.  He recommended the Board adopt the order.

MOTION: to approve ORDER 07-12-12-12.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

d. DISCUSSION/Proposed Hayworth Ridge.

Van Vactor indicated the Geographic Board had already met and didn’t name the ridge Hayworth Ridge, they named it Hayworth Saddle.  He said the Board didn’t need to do anything.  He noted the County Surveyor didn’t think the ridge was in Lane County. He indicated the state went ahead and named it.

9. PUBLIC WORKS

a. ORDER 07-12-12-13/In the Matter of Awarding Contracts to the Lane Council of Governments and Martin Henner for Hearing Official Services for the 2008 Calendar Year and Delegating Authority to Sign the Contracts to the County Administrator.

Starr said this was pursuant to direction the Board gave in June.  He said this is due to expire the end of this month.  He indicated they went out for an RFP for professional services and they received a proposal from LCOG and Martin Henner.  He requested contracts for both LCOG and Martin Henner

MOTION: to approve ORDER 07-12-12-13.

Sorenson MOVED, Fleenor SECONDED.

VOTE: 5-0.

b. ORDER 07-12-12-14/In the Matter of Amending Chapter 60 of the Lane Manual to Add Electrical Master Permit Program Fees and to Revise the State Mandated Building Permit Surcharge (LM 60.855).

Brian Craner, Land Management, indicated these revisions were discussed at Finance and Audit last week.  He said they are changes to Lane Manual 60.855 regarding their fee schedule.  He indicated the first revision institutes an enrollment fee of $100 and an hourly inspection fee of $86 to support an Electrical Master Permit Program. He said the fees have been developed to operate the program in a self-sustaining basis.

Craner noted the second revision Lane Manual 60.855 revises the state mandated surcharge from 8 percent to 12 percent.  He said the revision comes from HB 2405, authorizing the Oregon Department of Consumer and Business Services to collect an additional 5 percent to defray the cost associated with developing an e-permitting program.

MOTION:  to approve ORDER 07-12-12-14.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 4-0 (Green out of room).

10. ASSESSMENT AND TAXATION

a. REPORT/Annual Report of the Assessor.

Anette Spickard, Assessor, reported back on the three year strategy to address the Department of Revenue audit from the end of 2004. (Copy in file).

11. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660(2)(d) for the purpose of deliberations with labor negotiators.

12. HUMAN RESOURCES

a. ORDER 07-12-12-15/In the Matter of Ratifying the Tentative Agreement Between Lane County and the Lane County Police Officers' Association.

MOTION:  to approve ORDER 07-12-12-15.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

b. ORDER 07-12-12-16/In the Matter of Reviewing and Adjusting the Salary for the Performance Auditor.

MOTION: to approve ORDER 07-12-12-16.

Green MOVED, Dwyer SECONDED.

VOTE: 5-0.

c. ORDER 07-12-12-17/In the Matter of Reviewing and Adjusting the Salary for County Counsel.

MOTION: to approve ORDER 07-12-12-17.

Dwyer MOVED, Green SECONDED.

VOTE: 5-0.

There being no further business, Commissioner Stewart adjourned the meeting at 12:10 p.m.

Melissa Zimmer

Recording Secretary