December 13, 2006

9:00 a.m.

Commissioners' Conference Room

PASSED 1/2/2008


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.








a. PUBLIC HEARING AND ORDER 06-12-13-1/In the Matter of Adopting the FY 2006-2007 Supplemental Budget 1, and Making, Reducing and Transferring Appropriations.


Christine Moody, Budget Analyst, explained that they have nine funds that are going to be adjusted by ten percent and they are required to have a public hearing. She added that most of the adjustments were adjusting fund balances and appropriating new grant revenue.  She indicated they had a benefit savings where benefits came in lower than what they expected. She said the general fund departments have moved the money back into reserves.


Commissioner Dwyer opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 06-12-13-1.


Green MOVED, Stewart SECONDED.


Moody indicated that the Sheriffís Office requested to use some of their lapse.


VOTE: 5-0.




Mona Lindstromberg, Veneta, commented that the coming year would give the Board an opportunity to work on civil discourse.  She thought the Board should pay attention when the public comes to speak. She commented that people who come to give public comment  find it an intimidating process.  She wanted the Board to think about the impression they are leaving on their constituents.


Stuart Shore, Dorena, commented that he was neither for nor against the Row River Water District issue.  He stated there was confusion between the city and the County.  He added that it impacts the people who do not want to be part of a district.  He said he has enough land and water to build a well.  He recalled on April 10 the Cottage Grove City Council had a meeting and decided to distribute $10,000 to every water district customer plus reimbursement of fees that had gone into improvements.  He heard the money was to be held and the Board was to distribute it until the time a district is formed.  He indicated no action was taken. He said the Cottage Grove City Council thought the Board of Commissioners didnít ask for this money to be distributed, but he indicated that was not the case from the testimony.  He said the money was not requested to be held except for the people who wanted to be part of the district.  He said when the Boardís decision is made, he wanted it sent to the City of Cottage Grove that the County has no desire to hold the funds except for those who want them to be held.


Stewart stated in no way did he ever ask the money to be held


Tom Reid, Springfield, spoke about public safety funding.  He thought a local income tax was a bad idea.  He said there is a large administrative cost that had not been explained.  He thought there was an alternative that was not given adequate consideration: a tax on restaurant service, hot take out food and entertainment.  He indicated a six percent rate would yield close to $40 million.  He added it would spread the burden.  He indicated that one third of the tax would be paid by people outside of Lane County.


Urban Moore, Creswell, made a complaint against Jane Burgess for the statements she made in a newspaper article yesterday in The Register-Guard. Moore claimed Burgess  stated his business had been fined by Lane County for violation of land use regulations by conducting commercial operations on land zoned for exclusive farm use.  He said that statement was false.  He stated neither he nor his business had been fined by Lane County nor are they appealing any fines. He commented that it damages his reputation and interferes with his ongoing legal issues with the City of Creswell.  He wanted a public statement by Jane Burgess to set the record straight.  He indicated that he had been using an airport with permission that had been in Lane County for over 50 years to land his parachutes.  He said Lane County has no expertise or standing on the issue.  He indicated  what happens in the air is the responsibility of the FAA.  He said because of the threat to the owners of the airport, he has now been denied use of the airport  He noted the County was advised by Ron Eber of the State Land Development Office that his activities were an accessory use and not a land use issue.  He requested that he be granted an exemption from land use only laws to land canopies on property close to the Creswell Airport for a period of no longer than six months while he tries to settle his issues with the City of Creswell.


Van Vactor indicated he met with Mr. Moore and he spoke with Jane Burgess.  Burgess indicated to Van Vactor that the author of the article, Karen McGowan, had called her to apologize stating an error in the article.  Burgess added that Ms. McGowan had also called Mr. Moore to apologize.


Dwyer stated if there were any misleading statements that impacted Moore by one of Lane Countyís employees, he was sorry and he would try to get to the bottom of the situation.  He said the reporter took liberties that were not part of the conversation.  He wanted a report from Land Management about Walker Field.


Stewart said he had been working with Wright from Wright Brothers.  He said the Wright Brothers had their ability to operate at Creswell shut down.  He noted that Wright had court cases and is working through the process.  He also wanted a staff report on options.


Whitney Harder, Creswell, stated she is a free fall sky diving photographer and she has been put out of business because of intimidation.  She appreciated the Board looking into this.


Jackie Gwaltney, Dorena, stated she has been a foster parent and one of her sons has medical and emotional issues.  She said their family moved to Dorena three years ago and at that time they talked about the water issue and were assured the problems would be taken care of.  She commented that the loss of water is a death sentence to the community.  She indicated the community is already under severe economic distress. She asked the Board to approve the Row River Valley Water District and allow the process to move forward.


Linda Sexton, Dorena, stated five years ago she and her husband looked for a retirement home and they came to the area.  She said they found a home in Dorena and then they found out there was a water issue.  She said she is the Treasurer for the Row River Water District and it is their goal to form a water district so they could continue to live in the environment they chose.  




ORDER 06-12-13-9 Ratifying a Three Year Lease Extension Option with an Expense of $300,670 for the Riverstone Health Clinic Located at 1640 G Street, Springfield.


MOTION: to approve ORDER 06-12-13-9.


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.




Morrison gave a speech about her past eight years as chair.




a. ORDER 06-12-13-2/In the Matter of Formation of the Row River Valley Water District.


Mike McKenzie-Bahr, Economic Development, explained that the Board needed to declare the intent to form a water district, to set the boundaries based on the metes and bounds, to order that the new district Board be composed of five members and to authorize the payment of the filing fee from the County contingency fee to the Boundary Commission.  He indicated they are working to get that fee reimbursed.  He explained the Board has the power to order the formation of a district.  He said they are not going to a ballot, as the district is not proposing to tax.  He indicated what would be going to the ballot is the election of the district board. He said after the meeting today, it would go to the Boundary Commission for their review on February 1.  He added the Boundary Commission has 120 days to take the matter but there were asking them to accomplish it in one day.  He said if they canít get it in one to two days, they would miss the timelines to get it on the May ballot. He said if the  Boundary Commission acts on February 1, it would come to the Board on February 21 to set a final public hearing on March 14.  He said that would form the district and call for the election.  He added there will be numerous legal filing dates for election and publication for ads and agenda packets.  He said they want a legal entity in the area for the May election that could negotiate with the city on getting grant and loan funds to solve this.


Dwyer asked if there were opt out provisions for people who didnít want to be in the district.


McKenzie-Bahr indicated there were opt out provisions.  He said they would be encompassed in the district boundary but they could ask to be opted out.  He added the district would only be serving water to customers who are currently getting water.


Wilson said the proposal is moving forward with the concept that there would not be an election on the question of formation.  She noted in the February-March timeframe there is opportunity for citizens to petition to have the formation placed on the ballot along with election of the first board members.


John Kirk, Cottage Grove, read the formal request into the record.  He indicated it was signed by the five board members of the Row River Valley Association.  He said it was formed to accomplish the tasks necessary to get them into a district.


MOTION: to approve ORDER 06-12-13-2.


Stewart MOVED, Morrison SECONDED.


VOTE: 5-0.


b. Announcements.


Van Vactor reported there was a discussion with the lease for the FQHC.  He said they attempted to negotiate but they werenít successful.  He indicated that a board order would ratify the action.




a. ORDER 06-12-13-3/In the Matter of Adopting a New Classification and Compensation Plan For Non-Represented Supervisory, Professional and Management Employees. 


Greta Utecht, Human Resources, recalled that Bruce Lawson of Fox, Lawson & Associates came before the Board last year when the Board gave staff direction to go forward with a review of this employee group classification and looked at doing a market survey. She said they have reviewed 93 classifications that included 150 employees submitting forms.  She said Fox, Lawson reviewed the forms and came up with 15 new classifications.   She said they will have 105 old classifications being merged with 15 new classifications. She noted they had meetings with employees.  She added she met with the union officers and presidents and they were positive about it.


Utecht explained that currently they look at point factoring and they have not looked at the classifications or compensation plan since the late 1980ís and it was overdue.  She stated that point factoring worked well when they were more specific in job distinctions and solely working with internal equity. She added it doesnít work well when they try to apply market, as there is no tool available. She said market has come into play in negotiations with bargaining units.  She noted under this classification plan, it assumes that everyone shares the decision making process, regardless of what they do. She said depending upon the type of decisions that are made determines the level and classification of the position.  She recalled in the past when they looked at a reclassification request, the rule of thumb was 50 percent of the functions performed by that position had to be at a certain level before there would be any kind of adjustments to the classification.  She explained that under this methodology, they would look at the highest level function.


Bruce Lawson of Fox, Lawson, explained that what has happened with changing demographics in society is they are now looking for people who are specialized in more than one area.  He said it impacts how they are classified and how they are paid.


Sorenson asked what Lane County was facing with compensation and what the solution would be.


Lawson stated that currently Lane Countyís compensation is not competitive and there are problems getting people to apply.  He commented that there needs to be flexibility to accommodate changing circumstances.  He indicated this would bring the classifications down to 15 and gives the ability to manage the compensation within the budget.  He added the intent is to minimize the cost impact to the County.


Stewart said it was time to change the tool and the method.  He thought this added incentive to employees.  He stated that they needed to do this.


Green was supportive going from 93 classifications to 15.


MOTION: to approve ORDER 06-12-13-3 with Option 1.


Morrison MOVED, Stewart SECONDED.


Utecht recommended that the Board approve Option 1 that adopts both plans and moves people at current salary onto the new compensation plan.  She added the second option would be to move everyone to the closest step on the new plan.  She indicated that Option 2 has a $340,000 price tag.   She recommended adopting a plan that is an at-market plan but the recommendation is not to pay individual employees at market.  She commented that if they were to pay employees at market, it would cost more than they could contemplate.  She added if other revenue comes in, she could come back to look at further adjustments to the implementation.


VOTE: 5-0.




a. Announcements




b. DISCUSSION/Wildish Letter.


Stewart reported that this is Lane Countyís response to the request regarding Wildish purchasing property.  He said they put together a team to look at options for funding and to verify a price.  He recommended approval of sending the letter to the Wildish family.


MOTION: to send a letter to the Wildish family.


Stewart MOVED, Morrison SECONDED.


Van Vactor indicated Lane County was responding to their request.  He said they wanted an expression of interest from the County and that is what this is.  He indicated this is a first step.


Stewart read the letter into the record.


Wilson explained the letter invited Lane County to say they were interested.  She said it didnít mean they are buying into it.  She said they need to do the due diligence and find funding.


VOTE: 5-0.


c. DISCUSSION/Post Election Review of Measure 20-114.


Tony Bieda, Intergovernmental Relations Manager, reported on a post election survey of Measure 20-114.  (Copy in file.)  He noted the measure was approved outside the metro area in Oakridge, Junction City, Creswell and Florence.


Sorenson asked about the final vote.


Bieda indicated the final countywide vote was 62,572 voting yes and 65,762 voting no.  He added that 51.2 percent voted no and almost 49 percent voted yes.


Green said they have to frame the issue and make sure it is relevant to the people to make sure they know exactly what they are getting.


Morrison commented that they have to work around making people understand what Lane County is about.  She commented that she was frustrated with the press and the media and how Lane County had been covered.  She thought they needed to continue with the media campaign now more than ever.  She stated people need to understand County finances.


Dwyer commented that they do a good job in the way they manage the Countyís money.  He said they need to let the people know they are an award winning government with regard to audit policies and practices.  He commented that the Congressí lack of understanding of local government makes people apprehensive.  He said if they donít get some form of revenue to replace the reauthorization they wonít be able to save the Forest Work Camp, search and rescue and the Dunes deputy. He commented that they have a difficult job and they need to convey to the people the County canít continue to deliver the same services.


Sorenson wanted a report back to understand the election results in January, leading up to a work session.


Green agreed with Dwyer.  He stated the County received awards for fiscal prudence and accountability of County funds.  He said they just had a clean audit.  He noted the perception of the community is that they waste money and they donít take care of the money the people allocated. He thought they needed to be clear on what they tell the citizens.




a. ELEVENTH READING AND DELIBERATION/Ordinance PA 1190/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land To "Commercial", and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway) (NBA & PM 8/27/03, 9/10/03, 1/14/04, 7/14/04, 1/12/05, 7/13/05, 9/13/05, 1/18/06, 7/19/06 & 10/25/06).


MOTION: to deny Ordinance  PA 1190.


Stewart, MOVED, Morrison SECONDED.


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


Dwyer stated having voted on the prevailing side, he served notice for immediate consideration.


MOTION: for reconsideration.


VOTE: 5-0.


MOTION: to withdraw the motion.


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.




A. Approval of Minutes:  None.


B. Fair Board


1) ORDER 06-12-13-4/In the Matter of Amending Order 06-6-21-5 Approving the Use of Transient Room Tax Funds for Operational Purposes for the Fairgrounds for FY 06-07.


C. Children and Families


1) ORDER 06-12-13-5/In the Matter of Appointing Members to the Lane County Commission on Children and Families Advisory Board.


D. Management Services


1) ORDER 06-12-13-6/In the Matter of Amending Chapter 4 of the Lane Manual to Revise and Clarify the County Administratorís Authority Regarding Administrative Procedures for Financial and Budget Management (LM 4.012, 4.030(5)).


E. Public Works


1) ORDER 06-12-13-7/In the Matter of Amending an Agreement With the Oregon State Department of Transportation (ODOT) to Issue Continuous Operation Variance Permits and Authorizing the County Administrator to Sign the Amended Agreement.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Stewart SECONDED.


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




a. ORDER 06-12-13-8/In the Matter of Delegating Authority to the County Administrator to Execute Intergovernmental Agreement Between the State of Oregon, Department of Transportation and Lane County for High Priority Communication Project in the Amount of $10,010,000.


Denis Ewing, Captain, Sheriffís Office, reported in 2003 they looked at the issues of a conceptual engineering solution for a communication project.  He said in 2004 they submitted a public safety emergency communications request and in 2005 they were notified that a $10 million earmark from Congressman DeFazio was available.  He said as a result, the seven counties involved began a joint effort for an interoperable communications system.  He said in 2006 they negotiated with ODOT.  He indicated that it is a phased in system.   He added that it will allow coordination of emergency and disaster services between local, state and federal agencies.  He noted the seven counties have a project IGA signed.  He said they have agreed to develop a radio system, initialize a governance arrangement and an interoperable communications plan.  He indicated that funds are funneled through ODOT and they have to coordinate with them.  He recommended adoption of the order.


MOTION: to approve ORDER 06-12-13-8.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.








Green distributed information from AOC about Measure 37 claims.


Dwyer stated they are giving away 550 turkeys on Friday.  


14. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Dwyer adjourned the meeting at 11:55 a.m.



Melissa Zimmer

Recording Secretary