April 26, 2006

following Board of Health

Commissioners’ Conference Room 

PASSED 10/18/06


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












Kenneth Horn, Cottage Grove, distributed materials to the Board.  He stated he was falsely jailed for 144 days.  He said he caught a burglar in his house and he was arrested for attempted murder, but it was dropped to assault.


Sorenson asked Horn to send a letter to the Board asking what he wanted the Board to help him with.


Horn said he wanted to be reimbursed and wanted the Board to investigate.


Kathy Persinger, Eugene, requested the electricity be turned on at the Wayne Morse Free Speech Plaza.  She stated she is one of the rally’s organizers for Sunday’s event at 2:00 p.m.  She noted that this rally was being held to coincide with events being held across the nation.  She had a declaration by Mayor Kitty Piercy declaring Sunday, April 30 as Rally to Stop Genocide Day.  She said Dwyer suggested renting equipment, but their costs and fees already exceeded $100.  She urged the Board to reconsider or make an exception for this.


Dwyer asked if there were three commissioners who wanted the electricity turned on.  There was only one. Dwyer offered the Wayne Morse youth a generator.  He said the Policy and Procedure Committee indicated that they wouldn’t take this up until June and he agreed with them.   


Morrison noted that she received a letter from the City of Eugene.  It stated that Police Chief Lerner had confirmed that illegal activity is occurring and he will continue the additional deployment to work on the problem.  She hoped between now and June when this goes back to Policies and Procedures that they get a report from Chief Lerner on how they are going to move forward with this.


Dwyer said according to the bike policeman that patrolled the area, there are groups of people who are arrogant and looking for confrontation.  He said they are looking to see what they can do to keep things out in the open and still allow free speech to occur.  He noted the item is coming back to Policies and Procedures in June.  He offered to give the organization $100 for a generator for Sunday’s event.


Roxie Cuellar, Homebuilders Association, Springfield said she had an issue with public information. She recalled that last year they had a problem with LCOG when they requested maps and LCOG refused to make maps for them by the direction of the City Attorney.  She thought that was resolved.  She recalled the map she was looking for at that time she was not able to get.  She said they were trying to get a map of the Metro Plan with tax lots on it.  She said it is hard to know the plan designation looking at that map.  She recalled that in the past they were able to get a large version of the Metro Plan.  She added that they don’t care if it is unofficial, they just want a tax lot specific to the Metro Plan so people could know what they can do with their property.  She said they have been refused consistently on getting the map.  She said they asked for the data that makes up the map.  She got a letter back from LCOG that stated no such data layer exists as a public record.  She said they were told by LCOG that the data that makes up the Metro Plan is not a public record.  She noted that LCOG is relying on ORS 190, 150, that discusses data systems. She added the bottom line says nothing in the section authorizes an intergovernmental group to restrict access to public records, the inclusion of such records in a geographic database or system.  She said they wanted the same information as what is in RLID and are being told they can’t have it because it is not public information.  She indicated they were willing to go through a public information request.  She wanted LCOG to be able to print maps when the public requests them.  She noted the process now is LCOG goes to the planning directors of Eugene, Springfield and Lane County on anything having to do with the Metro Plan map.  She added the attorneys for those jurisdictions tell LCOG not to print the map.  


Sorenson thought government entities needed to be more proactive.


Dwyer thought if someone is willing to pay, they should have access to the data








Dwyer thought it was time for Congress to look into the windfall profit tax the oil companies are making.  He thought the money should go for health care in America.   


Sorenson wished Congress would grant the funding for the forest counties in the United States.  He wished the Board would turn the electricity back on at the Wayne Morse Free Speech Plaza.


Green wished they didn’t have any remonstrance.




a. ORDER 06-4-26-1/In the Matter of Ordering the Acceptance of the Amendments to the Benton, Lane, Lincoln, Linn Regional Investment Board Bylaws.


Morrison recalled that this was restructured so each county would have a representative on the Executive Board.  That was her concern.  She wanted one member from the membership itself instead of two, which was what happened in the past.  She was willing to move forward with this.  She said she would be cautious on how recommendations come forward and the impact it could have on Lane County and how they are partners in the Regional Investment Board.


MOTION: to approve ORDER 06-4-26-1.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


b. ORDER 06-4-26-2/In the Matter of Ordering the Acceptance of the Fifth Amendment to the Intergovernmental Agreement for the Creation of the BL3 Regional Investment Board and the Fifth Amendment to the Intergovernmental Agreement for the Regional Investment Plan Fiscal Agent.


MOTION: to approve ORDER 06-4-26-2.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


c. REPORT BACK/Public Information Plan Progress.


Melinda Kletzok, Public Information, discussed her Information Plan. (Copy in file).  She reported they had completed a survey of employees to test how effective the communication would be.  She said they are in the process of doing a poll in the community on their knowledge of the types of services that Lane County provides and what their perceptions of Lane County are.  She said they would receive those results next week.


Morrison asked how they plan to get information to employees on the budget process.  She commented that people are working in their departments and are not aware of anything else except for what is in their department regarding what Lane County does.


Kletzok responded that people are busy doing their jobs and the Lane County budget is complex.  She said they will take that information into public communication and they could have employee trainings on the budget.  She indicated they had just met with over 1,000 employees face to face.  She said they received good feedback.


Van Vactor suggested reaching out to employees and making it more convenient.


Dwyer thought it was important for employees to know what departments get general fund dollars.  He noted other departments get other funds and they aren’t impacted by the constraints they have.  He indicated that they have been able to do more with less.  He added they are going to get to the point where they are going to have to do less with less.  He said that meant fewer employees and fewer hours.


Morrison commented that the task in front of them is extreme and how they articulate it so a layperson could understand was paramount.


Green was supportive of the effort.  He thought it was a good start and they should continue with this.


d. REPORT/Willamette Floodplain Restoration Study.


Matt Rae, Corps of Engineers, recalled he was in front of the Board last year about the dire water year they were looking at.  He explained that the County was not a specific sponsor of the Floodplain Restoration Study, but they have been working closely with Public Works staff to make sure they are moving forward with an effort consistent with study activities and goals.


Rae explained this went back to the flood of 1996 where they had significant flood damage.  He said people came to the Corps asking for floodplain restoration, a potential means of dealing with floods, which means over bank flooding to create natural flood storage. He indicated that the return frequency of a 100-year flood in Eugene is more like a 30 to 50 year event.


Rae said this is a general investigation and it is cost shared with a local sponsor.  He said their local sponsor of record is the Willamette Partnership formerly known as the Willamette Restoration Initiative and they are getting support from the State of Oregon.  He said they are working with the watershed councils and they also have a stakeholder group.  He said the Coast and Middlefork might not be the best part of the basin for trying to restore historic floodplain diversity.  He said it would be below Eugene between Eugene and Harrisburg.  He added they more closely control the hydrology associated with the dams further upstream.  He said there is a higher degree of public lands.  He said they found it easier to work with public entities like Oregon State Parks.  He said it was a good starting point to evaluate some floodplain restoration alternatives.  He stated they are trying to restore some lost connectivity.  He said they could remove existing bank protection projects to restore flow back into some channels by modifying roads, culverts and taking structures out of the floodplain.   


Rae indicated that anything they implement in terms of final projects would require willing participants.  He added that the Corps and the stakeholders would not be involved in any kind of taking of public land. He said they would make sure that whatever they do with floodplain restorations would not work with anyone who is not a willing participant in the effort.  He said they might conclude after the study that large-scale floodplain restoration is not practical or not feasible on the coast or Middle Fork.  He said to date they focused on doing the technical analysis that would be required to move forward.  He indicated they are working on hydraulic models for their target river reaches. He said if they make a change with flow management or modification of floodplain, they need to know where that water is going to go and what the down or upstream effects would be.


Sorenson asked how they would restore the Middlefork to the next level, to put people to work restoring rivers.


Rae responded that the ultimate objective of any Corps of Engineer’s general investigation study is to review the issue and report back.  He said their report back to Congress needs to have a recommendation of what is an appropriate response.  He said it would include where the physical projects are on the ground on the Coast and Middlefork that they think should be implemented to address those objectives.  He said they should be looking at the longer term programmatically as to what is possible when working with willing sellers and buyers.  He said they needed a longer scale program for what they think the rivers should look like long term.  She said they are going to have a report back to Congress by the end of the next fiscal year.


Pam Rayber, Corps of Engineers, said this was a way to focus on restoration projects and to maintain open space and economic development.  She said some benefits they will gain would be groundwater recharge and retaining drinking water for future generations.


Morrison was concerned about some of the implications and outcomes.  She commented that some of the things discussed could be a potential for losing high productive agricultural lands.  She was concerned about the takings issue and where the City of Eugene is looking at parcels that are outside of the urban growth boundary. She added there were ramifications for Lane County for taxing issues.  She commented that the reason they choose certain areas is because that is where they have the money to buy private property.


Sorenson asked what the action plan was as they involve more people


Rayber responded that the watershed councils provide the opportunity for natural resource planning.  She said it is about coming to the table and building consensus.  She said they welcome the Board of Commissioners in helping them make contacts in the county and develop the conversations.


Rae indicated that they would engage with the stakeholders.  


e. Scholarship Fund for Keegan McQuillan


Stewart proposed $5,000 to start a scholarship fund.


Dwyer wanted to jump-start this using the contingency to invite Public Works and other people to contribute to the fund so Keegan’s son will be taken care of.


Sorenson thought it was a good idea.  He suggested Van Vactor asking someone in the organization to bring back a resolution.


f. ORDER 06-4-26-12 Transferring Up to $10,000 From the General Fund Operational Contingency to Materials and Services Within General Expense to Fund an Income Study and Attorney Fees Associated with the Formation and the Funding of a Row River Valley Water District


Stewart requested using an additional $10,000 out of the contingency fund.  He explained that money would be spent for performing an income survey that would allow the group to be found eligible for community block grants for funding of replacement of a water system and $5,000 for use of Ken Jones to form a water district.  He indicated the request was $10,000 in total.  He stated that this was time sensitive as they only have two years to replace it.  He added that the citizens had voted to form a district.


MOTION: to allow the expenditure of up to $5,000 apiece for the low-income study and attorneys fees for special district permits


Stewart MOVED, Green SECONDED.


Dwyer commented that the people in Cottage Grove were getting a raw deal.


VOTE: 5-0.




a. Announcements


Van Vactor reported there would be a celebration for Shawn McQuillan on May 4 at the Fairgrounds.


With regard to the public record, Wilson recalled they discussed the income tax ordinance Ordinance 1-06, being set for May 3.  She was incorrect, the next reading is set for May 17, 2006.




a. ORDER 06-4-26-3/In the Matter of Rejecting the Bid Submitted by Holm II, Inc., in the Amount of $2,674,569.00 for Grading, Structure and Paving, Row River Road Bridge, MP 16.64, and Sharps Creek Road Bridge, MP 6.48, Prospective Contract No. 05/06-10.


Sonny Chickering, Public Works, reported they had a problem with the number of bids they received and with the price of the bid.  He said there were more than one dozen firms interested in the project and picked up plans.  He added there were five or six firms reviewing the plans to be subcontractors.  He indicated when the bids were received, they only received one and the bid amount was almost $1 million over their estimate for the project.  He recommended they not award the bid and re-bid the project.


MOTION: to approve Option 1 of ORDER 06-4-26-3.


Morrison MOVED, Green SECONDED.


Stewart thought the most important bridge to replace was the Row River Bridge as it affects the people who live along it.  He noted the Sharp Creek Bridge is in the forest and is still passable.  He thought they should put the Sharp Creek Bridge on hold due to monetary reasons.


Chickering indicated that they would be re-bidding the Row River Bridge as it as more complex than Sharps Creek.


VOTE: 5-0.




a. REPORT/Climate Survey Action Plan/ORDER 06-4-26-13.


Laura Yergan, Management Services, presented the results of the Climate Survey Action Plan.  She said the survey was conducted along with five other diversity human rights consortium organizations that decided this was something that could be shared and benefited from.  She said the purpose of the climate survey was to develop a better understanding of employees’ experiences in organizations and to get a better understanding of Lane County’s cultural climate and what it is that makes employees want to stay with the County.  She said the work place environment was a key factor in employee retention.  She said they wanted a starting point for Lane County for subsequent comparison studies.  She indicated that they wanted to find out what the County was doing well and what things might have implications for next steps.  


Yergan reported they had a 40 percent response rate.  She noted that was high for a survey.  She commented that employees thought this was a chance to voice their feelings about the County.  She noted the bulk of the age group that responded was in the 40 to 60 year-old range.  She noted that the largest percentage of responders had worked for the County for more than eleven years.  She noted that more than 13 percent of the respondents were employees of another ethnicity other than white.


Yergan reported the climate survey results were positive.  She said employees viewed their work environment favorably.  She explained that 90 percent of the respondents of the survey enjoyed their co-workers, 80 percent enjoyed their jobs and 70 percent thought Lane County was an excellent place to work and would recommend it to a friend.  She noted that 95 percent of the employees who responded were aware that Lane County has discrimination and harassment policies and were aware of it.


Yergan explained that based on the results of the survey they had developed an eight-point action plan and they asked the Board to approve it.


MOTION: to approve ORDER 06-4-26-13.


Green MOVED, Stewart SECONDED.


Van Vactor commented that while 72 percent of employees feel comfortable in the environment free from harassment and discrimination, 28 percent do not believe that.  He thought the goal should be to get it down to zero.  He said that is why the work plan was developed and he was committed to improving the results next time they do the survey.


VOTE: 5-0.




A. Approval of Minutes:  none.


B. Health and Human Services


1) ORDER 06-4-26-4/In the Matter of Approving Exhibit A, the Lane County Annual Public Health Plan for FY 2006-07.


2) ORDER 06-4-26-5/In the Matter of Delegating Authority to the County Administrator to Sign an Amendment to Increase Available Funds by $24,703.12 for Practice Management Services Provided by the Oregon Community Health Information Network, Inc., for the Period of July 1, 2005 Through June 30, 2006.


C. Management Services


1) ORDER 06-4-26-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Henry O. Noice, Former Owner of Record, for $11,000 (Map 17-06-29-30 Tax Lots 1800, 2800, 2900; 22525 Noti Loop, Noti).


2) ORDER 06-4-26-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Wynn L. Castleman for $2,300 (Map  #21-35-08-00-02000, South of 47938 Westoak Rd., Oakridge).


D. Public Works


1) ORDER 06-4-26-8/Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Material Needs During the Fiscal Year 2006/2007, Prospective Contract No. 06/07-M&S-51.


2) ORDER 06-4-26-9/Awarding a Contract to Deschutes Valley Equipment in the Amount of $133,594 for the Purchase of One (1), New, Rubber Tire 4x4 Tractor with Boom Mounted Mower, with One (1) Trade-in, Contract FY 05/06 FS-09.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




Morrison recalled that on Friday they received a letter from Bill Kloos addressed to George Kloeppel, LCOG and the planning directors, a request from the Homebuilders regarding maps that they had discussed about a year ago.  She recalled this issue came up at the LCOG Board about how they were receiving maps.  She thought the Board of Commissioners gave direction that they were supposed to go forward to try to resolve that issue.  She noted that last Thursday at the Metro Partnership meeting, she requested status on where they were with the commercial industrial lands study.  She said Lane County was a partner with the study.  She noted the report stated that the consultants they hired through the Metro Partnership are having problems getting accurate map information.  She added at the LCOG Executive Board meeting on Thursday, Gary Williams, Mayor of Cottage Grove and Gary Pape, Eugene City Council, brought the issue up to the Executive Board.  They were under the impression that this direction had been given for the planning staffs and legal counsels to work out whatever the situation was, on who would receive and pay for maps.  She wanted to have direction to have the elected officials of the three jurisdictions, the councils and planning directors to decide this matter.  She commented there is a tremendous amount of confusion from LCOG.  She thought the state had paid for that information for Lane County to upgrade for citizens and for Assessment and Taxation.  She said it should be made public.  She thought the policy makers needed to decide as to how information on maps could be disbursed.  She wanted to have a joint meeting with Eugene, Springfield and Lane County representatives.


Van Vactor indicated that he met with Jeff Towery, Land Management, last week and the Lane County plan, map and zone by tax map are different than the method the cities use.  He thought Lane County should hear from its partners before it assumes there is something wrong with how information is being provided.


Jamon Kent, LCOG, explained that some of the issues have to do with layers and different types of maps.  He said the map that is in question is the Metro Plan map.  He said that map was put together as of 2004 and it has layers.  He indicated what the planning directors are looking at is releasing that with different layers added.  He said that changes what the Metro Plan put together in the minds of the planning directors.  He said if anyone asks for that map that it should go out as is, not changed.  He indicated they continue to have requests for maps with different layer and plan designations.  He noted there is a procedure that the planning directors had been working on that is in its final draft.


Dwyer indicated they would put this item on for next week.




Green attended a meeting in Cottage Grove on the potential of the USA  Triathlon event on this side of the country.  He noted that nothing had been  asked from Lane County.  He indicated it would be in 2007 and 2008.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation.






There being no further business, Commissioner Dwyer recessed the meeting at 11:50 a.m.



Melissa Zimmer

Recording Secretary