BOARD OF COMMISSIONERS'
REGULAR MEETING
October
17, 2007
following
HACSA
Commissioners'
Conference Room
APPROVED 9/16/2009
Commissioner
Faye Stewart presided with Commissioners Bill Fleenor, Bobby Green, Sr., and
Peter Sorenson present. Bill Dwyer
was excused. County Administrator
Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa
Zimmer were also present.
1.
ADJUSTMENTS TO THE AGENDA
Emergency Business will be a revised order on the
sale of the Child Advocacy Center. Correspondence to the Board will be item c.
Letter from Coburg Triple M, LLC and item d. a $5,000 request from Project
Homeless Connect.
2.
PUBLIC COMMENTS
Lyle Jorgenson,
President, Florence Step Group, Florence, said the group was established by the
legislature in the 80’s as a volunteer labor group for the Oregon Department
of Fish and Wildlife. He said their
goal is to restore runs of native salmon and trout.
He added they do environmental work and have community service.
He said this year they want to install a handicapped access dock at the
Tiernan Boat Ramp, located between Florence and Mapleton.
He indicated that the Forest Service has donated the dock, the excavating
work is donated by one of their local contractors and Step is donating the labor
for the installation. They asked
the County to waive the permit fees so they could move ahead.
Tom Peterson,
Florence, said he is a member of the Step Group.
He said he was appointed by the governor to a 13 member committee.
He said they discussed this at their meeting and it is held as a high
priority for their agency. He indicated they have further plans for the facility and
they want to have the Forest Service fund a permanent facility at the spot and
then turn it over to ODOT and ODOT will maintain it. He commented that they have public and private participation
for a worthwhile project. He asked
for a fee waiver.
Green asked the amount of the fees to be waived.
Peterson didn’t know but thought it was between
$800 and $1,000.
Richard Koehler, Dunes
City Councilor, Dunes City, said that Dunes City needs the County’s help in
applying for a 306a grant so they could attract disabled people to their
recreational based area. He wanted
this for Siltcoos Lake.
Amy Barnes, said
came in a few weeks ago with animal abuses and actions taken against her.
She indicated that in her investigation she was told the wrong last name.
She said Tamara Barnes is not the person she thought was doing this to
her. She said the person was Tamara
Lindsey. She publicly apologized to
Tamara Barnes.
Jim Gillette,
Eugene, said he will not give up. He
asked why legal staff didn’t remedy this.
He wants the County to prove why he is guilty.
He said he is trying to work things out peacefully. He said he will keep coming back until something is fixed.
He stated that Land Management is biased against him.
He wanted fairness.
3.
CONSENT CALENDAR
A.
Approval of Minutes
B.
Board of Commissioners
1)
ORDER 07-10-17-1/In the Matter of Assigning Lane Council of Governments
to Serve as Liaison for Lane County to the Census Bureau’s LUCA Program.
C.
Health and Human Services
1)
ORDER 07-10-17-2/In the Matter of Delegating Authority to the County
Administrator to Execute a Foodborne Illness Prevention Program Payback
Agreement in the Amount of $119,698,08 Between Lane County and the State of
Oregon, Acting by and Through its Department of Human Services, for the Period
October 1, 2007 through June 30, 2009.
D.
Public Works
1)
ORDER 07-10-17-3/In the Matter of Authorizing the County Administrator to
Sign an Agreement With BLM in the Amount of $209,300 to Provide Public Works
with Title II Funding For the Replacement of an Existing Culvert with a Fish
Culvert at Holland Creek on Siuslaw River Road.
2)
ORDER 07-10-17-4/In the Matter of Setting a Public Hearing for the
Proposed Vacation of Certain Blocks, Lots, and Rights of Way in the Plats of
Glenada (VOL.W, P.261) the South Florence Addition to Glenada (BK. 2, P.9) and
the Amended Map of South Florence Addition to Glenada (BK.2, P.13), as Platted
and Recorded in Lane County, Oregon Plat Records (18-12-34-13, 41,42).
3)
ORDER 07-10-17-5/In the Matter of Setting a Public Hearing for the
Proposed Vacation of a Portion of Latta Road, a Public Road, Located in the
Northwest Quarter (NW ¼) of Section 23, Township 17 South, Range 1 West of the
Willamette Meridian, in Lane County, Oregon (17-01-23-20).
E.
Workforce Partnership
1)
ORDER 07-10-17-6/In the Matter of Appointing a Member to the Lane
Workforce Partnership Board of Directors.
MOTION:
to approve the Consent Calendar.
Green
MOVED, Sorenson SECONDED.
VOTE:
4-0.
4.
EMERGENCY BUSINESS
ORDER
07-10-17-12 Amending Board Order No. 07-7-25-12 to Authorize the
Sale of the Child Advocacy Center Property to Master Investments, LLC.
Assistant
County Counsel Stephen Vorhes indicated this was a follow up to their action in
July. He said the closing of the
transaction started last week. He
said they found the transaction identified a different LLC in the document as a
buyer. He said they sorted it out
with the buyers. He noted the two
principles are Steve Masters and Scott McGee, who signed on behalf of Uptown
Development, LLC in July when they consummated the deal and signed the sales
agreement. He said their
circumstances evolved as part of the transaction and there is another property
next door involved in the transaction for the buyers.
He added that they have 1031 exchange money involved.
He said the entity that should end up with the property the County owns
is Master Investments, LLC. He
added that Steve Master is the principle of both the LLC’s. He said they signed an addendum to the sale agreement and are
ready to close the deal. He
indicated this would amend the previous order and authorize the sale to Master
Investment, LLC.
MOTION:
to approve ORDER 07-10-17-12.
Green
MOVED, Sorenson SECONDED.
VOTE:
4-0.
5.
COMMISSIONERS' REMONSTRANCE
None.
6.
COMMISSIONERS' BUSINESS
a.
ORDER 07-10-17-11/In the Matter of Urging the Oregon Congressional
Delegation to Make the Confederated Tribes of the Coos, Lower Umpqua, and
Siuslaw Indians' Forest Land Restoration Proposal a Top Legislative Priority,
and Work to Ensure the Congress Enacts its Proposal During the 110th
Congressional Session.
Sorenson
recalled that over the past two years the tribes had conversations with a number
of elected officials in western
Oregon regarding the reinstatement of the tribes’ ownership of land throughout
western Oregon. He indicated that
it was terminated by an act of Congress. He
said four years later Congress decided to reverse that decision and recognize it
had historic and cultural human rights status.
He said they began re-establishing the rights of tribes.
He noted there is only one tribe in the state of Oregon that has never
had a portion of their tribal lands restored.
He indicated that this resolution attempts to right a wrong that was done
years ago.
MOTION:
to approve ORDER 07-10-17-11.
Sorenson
MOVED, Fleenor SECONDED.
VOTE:
4-0.
b.
REPORT BACK 2007 Listening Tour Summary Report and Strategic Planning
Activities.
Tony
Bieda, Intergovernmental Relations Manager, said this was a team effort.
He recalled the board hit upon a strategy at the last budget staff
adoption process to come up with a different way to prepare for the funding
shortfalls. He indicated that an
idea that was agreed upon by the Board was to engage in a tour in late summer
and early fall to listen to the citizens about where they think the County is
and what the County needs to do. He said it involved five outreach meetings.
Amber
Fossen and Jennifer Inman discussed the results. (Copy in file).
c.
ORDER 07-10-17-7/In the Matter of Implementing Planning and Budget
Activities Identified in Board Order 07-6-27-19 With Respect to Post Secure
Rural Schools Strategic Planning.
Inman
explained that this puts into writing the direction that was given by the
Board. She said they had a
check in meeting about activities and the supplemental budget.
She said she didn’t get a board order back memorializing those
decisions. She indicated that this
order reflects direction they gave staff and departments regarding the one
percent lapse. She added that it
takes the Board’s action to move funds around.
MOTION:
to approve ORDER 07-10-17-7.
Green
MOVED, Fleenor SECONDED.
VOTE:
4-0.
d.
ORDER 07-10-17-8/In the Matter of Contributing $1,000 from the General
Fund Operational Contingency to Pay for Planning and Building Permit Fees for a
Handicapped Fishing Platform at the Tiernan Dock near Mapleton, Oregon.
Fleenor
recalled six weeks ago he was approached by the Florence area Step requesting
help with the building permits and other costs associated with installing a
handicapped fishing platform. He
said he contacted Craig Starr, Land
Management, and Starr indicated that his department would be interested in
participating. He thought this
would be an appropriate expenditure of some of their reserve. Fleenor brought this to Stewart and they thought since Land
Management is a fee based enterprise fund, that they shouldn’t be asking the
department to subsidize these types of requests.. He and Stewart discussed the possibility of establishing a
fund from video lottery money that might be used to set up a permanent fund for
non-profits to apply for that would allow offsetting some of the building and
permitting fees in Land Management. He
said the Step program wanted to move ahead with this. He said they were asking for between $800 to $1,000 for the
cost of the permit. He indicated
that they have the handicapped fishing platform already at the location waiting
to be used. He wanted to move
forward to set this special grant fund.
Stewart
reported that at the Economic Development Standing Committee, Mike McKenzie-Bahr
is putting together a presentation that would be similar to a facility permit
fund for non-profits.
MOTION:
to approve ORDER 07-10-17-8.
Fleenor
MOVED, Sorenson SECONDED.
Green
wanted this to be taken out of the Land Management reserve.
Stewart
said he didn’t want to waive the fee as it was not the proper precedent to
set. He wouldn’t be opposed if
this came out of reserves.
Van
Vactor indicated that the project may involve in water work and those permits
are administered by other agencies. He
noted this motion is for Lane
County permits.
VOTE:
4-0.
7.
COUNTY ADMINISTRATION
a.
Announcements
Van
Vactor announced that all the parties with the Golden Garden have signed the
purchase agreement by the city of Eugene. He
said they will start to gear up the due diligence process.
He noted the option agreement is in effect.
b.
FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No.
12-07/In the Matter of Amending Chapter 8 of Lane Code to Grant Comcast of
Oregon II, Inc., an Additional Term and Franchise Renewal for the Operation of a
Cable Communications System; Amending Ordinance 6-91; Adopting a Severability
Clause; and Providing an Effective Date (LC 8.005) (Second Reading and Public
Hearing 10/31/07).
MOTION:
to approve a First Reading and Setting a Second Reading and Public Hearing on
October 31, 2007 for Ordinance No. 12-07.
Green
MOVED, Sorenson SECONDED.
VOTE:
4-0.
8.
HEALTH AND HUMAN SERVICES
a.
ORDER 07-10-17-9/In the Matter of Creating 1.0 FTE Office Assistant 2 in
Fund 285 Department of Health and Human Services.
MOTION:
to approve ORDER 0-10-17-9.
Green
MOVED, Sorenson SECONDED.
Stewart
asked if the intent is to increase
productivity at the clinic.
Steve
Manela, Human Services Commission, reported that the phone system has been
problematic for customer service and as part of their process improvement, they
identified that having a dedicated phone operator for the clinic would make it
more convenient for the patients so they could schedule more efficiently.
He added that it would help with revenue.
VOTE:
3-0 (Fleenor out of room).
9.
MANAGEMENT SERVICES
a.
ORDER 07-10-17-10/In the Matter of Authorizing the Redemption of Oregon
Local Governments Limited Tax Pension Obligation Bonds, Series 2002B, Maturity
2025.
Kay
Blackburn, Finance, reported that they have amassed over the past four years
$6.5 million in the employee benefits fund.
She recalled in 2003 the rate PERS charged for the employer rate dropped
because of legislative changes under litigation. She indicated that the County decided to keep the rate and
charge programs the rate they had been charging them as a hedge against
stabilizing the fund. She said the
litigation is resolved and they now have $6.5 million.
She added the proposal is to use the money to call the $6.5 million in
PERS bonds outstanding.
Van
Vactor indicated that there is still ongoing litigation.
He added as time goes on, they collect the fees from all different
programs and certain contractual commitments.
He thought they should spend the money for its intended purpose instead
of having it sit in an account.
Blackburn
noted that the actual cash flow savings is $7.7 million that they would avoid
payments on.
MOTION:
to approve ORDER 07-10-17-10.
Green
MOVED, Fleenor SECONDED.
VOTE:
4-0.
10.
CORRESPONDENCE TO THE BOARD
a.
LandWatch Lane County.
Stewart
reported that they received a letter from LandWatch Lane County regarding lot
lines and legal lots and the process they go through and concern about whether
people are getting legal lots through this process. He recommended giving this to Legal Counsel and Kent Howe to
process and report back on November 7.
b.
Citizens Against Annexation.
Stewart
received a letter from Florence. He
said they would like the Board to put to a vote an annexation taking place in
their area. He recommended that they give this to Legal Counsel to determine
whether or not they have the authority to exercise a vote for this matter.
Fleenor
was advised that there might be a 30 day time period. He commented that if this is not the statute, that another
statute might pertain to the issue.
c.
Letter from Mr. Potter representing Coburg Triple M, LLC.
Stewart
indicated that these people have 247 acres of undeveloped property on the
east
side of Interstate 5, south of the Old Country Squire and they are making an
offer as a potential site for a fairgrounds.
He acknowledged that they received the letter. He thought if the process goes further, it would be
legitimate to look at several other pieces of property to make the process more
legitimate
Green
said his reservation is that they don’t have the money and it is a complicated
issue. He didn’t think they
should be overly committed to this.
Stewart
recommended responding to the letter.
MOTION:
to have the County Administrator send a response to the letter.
Sorenson
MOVED, Stewart SECONDED.
VOTE:
4-0.
d.
Project Homeless Connect.
Stewart
recalled that last year the Board contributed $5,000 from the Board’s
contingency fund to Project Homeless Connect.
He indicated that the request is being asked again.
Green
said this came up at HSC on Monday. He
stated that it is one of the most successful events they have had in the Human
Services arena. He supported the
request and asked that it come out of the Board’s contingency fund.
Stewart
supported this as it was very successful.
Van
Vactor stated that this would occur in the future. He recommended in the future building it into the base
budget.
ORDER
07-10-17-13 Transferring $5,000 from the General Fund Operational
Contingency to Materials & Services Within General Expense for Project
Homeless Connect
Green
MOVED, Fleenor SECONDED.
VOTE:
4-0.
11.
COMMISSIONERS' ANNOUNCEMENTS
Fleenor announced that he will be in Junction City
for Coffee and Conversation at the Rodeo Steakhouse.
Green wanted the Facilities Committee to review the
NACo Magazine article about courthouse memorial honors.
He said he talked to the Rural Policy Committee.
He said it was an interim committee designed during the session to talk
about the future of County payments and how the state can be helpful.
He said they spent two hours on October 11.
He said they want to do a Listening Tour and talk about the impacts.
Fleenor announced a town hall meeting tomorrow night
in Walton at the Walton Fire Station. He
added that Rep. Jean Cowan will be there to discuss transportation issues
related to Highway 126.
Green reported that tonight the Active Bethel
Citizens were having their first public safety summit about safety concerns at
the Peterson Barn.
Stewart discussed the County Administrator process.
He was invited to participate on a radio show tomorrow on KSCT to talk
about the affects of the BLM WOPR on county budgets.
12.
EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660 (2)(h) for the purpose of consulting
with counsel on litigation.
13.
OTHER BUSINESS
ORDER 07-10-17-14 Appointing and Establishing the Salary and Benefits of the Assistant County Administrator.
MOTION: to approve ORDER 07-10-17-14.
Sorenson MOVED, Fleenor SECONDED.
VOTE: 4-0.
There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:40 a.m.
Melissa Zimmer
Recording Secretary