March 15, 2006

9:00 a.m.

Commissioners' Conference Room



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




Under Commissioners Business there will be an order approving Title III funds. Dwyer added they would have a discussion about the Pros Plan from the City of Eugene, a letter to the feds regarding wireless, and on the Consent Calendar, removing Susanne Smith from the board order on the Human Rights Committee.




Joan Shea, Eugene, stated she is Executive Director for Oregon Council for Business Education, a non-profit for Oregon Crafted.  She noted they are expanding with an additional 25 artists in the Lane County area who are interested in the next edition of the guidebook.  She said they would be putting the second edition out in Spring 2007.  She indicated they were marketing for publicity outside of the four county areas to bring people into Lane County and visit the artist studios.  She noted they would be starting to do some scheduled tours for groups.


Morrison asked if there had been any evaluation around the increase in income.


Shea indicated the artists were all doing quarterly reports showing the number of visitors and their sales.


Morrison wanted to see a copy of their report.


Mike Farthing, Eugene, stated he was appearing on behalf of Bud Torkel Rose and his sons.  He said this involves a lawsuit to foreclose the County’s lien on Mr. Rose’s property.  He spoke with Marc Kardell, Assistant County Counsel, about the lawsuit.  He noted the lawsuit arose from three $500 fines in 1991 where the lien had now grown to $150,000.  He noted it is before Judge Mitchell and scheduled for trial.  He said the Settlement Conference is scheduled for Monday, March 20.  He said there is a long history in this foreclosure case.


He introduced the Board to Mr. Rose and his two sons.  He noted that Rose has worked on cars, machinery and equipment his entire life and the case involves his property.  Farthing noted Torkel Rose is a mechanic and does body repair.  Farthing said that Rose lives on property inherited from his parents.  He indicated that the property is on Enterprise Road.  He asked for an alternative to litigation.  He asked the Board to send Commissioner Stewart to the settlement conference, as it was his district to settle, or work out a plan.  He said they are seeking an administrative hearing before Gary Darnielle.








Sorenson thanked everyone on behalf of his family for the condolences, as his father had passed away.  He appreciated everyone’s act of kindness.




a. REPORT/Extension Service Quarterly Report.


Charlotte Riersgard, OSU Extension Service, gave her quarterly report. (Copy in file)


With regards to budgeting and funding, Riersgard reported that they were discussing the possibility of going for a tax service district.  She said they were advised that they wouldn’t be able to meet the deadline for going forward in 2006, and they are looking toward 2008.  She commented that the passage of the next budget is a priority for them.  She said they made significant efforts this fiscal year to cut expenses.  She noted the budget submitted this year is $46,000 below last year.  She said the cuts came from one retirement, where the person would come back as an extra help position, and then not fill that position.  She indicated they cut their budget for the newspaper.  She added they were looking to reconfigure staffing in the 4H area to decrease personnel costs without jeopardizing programming.


b. REPORT BACK/Public Information Plan Progress.


Melinda Kletzok, Public Information Officer, recalled when the Board approved an enhanced effort to inform and engage the citizens and employees, they formed a strategic communications team and committed to providing updates throughout the year.  She reported a plan and timeline had been completed for a multi-year effort. She noted that yesterday they started presentations to employees so they could get a preview before it goes to the public in April.  She said by the time they are completed, they would have contacted about 50 work sites in two to three weeks.  She indicated that the Management Team, union reps and Public Task Force members have been briefed.  She said they created a feedback form, had boosted the Metro Television content, and produced a Power Point presentation for conferences.  She noted in April there will be bus boards, print, public service announcements and leaders will answer frequently asked questions.  She added after that they would be going to local television stations.  She indicated they would produce a Lane County video that will feature employees providing services.


Sorenson asked if they would be able to measure outcomes.  He asked if there was sufficient support for the public to help with the work.


Russ Burger, Sheriff, indicated that they don’t have a built in mechanism.  He encouraged the Board to continue the public awareness initiative because not only will Lane County change but so will the demographics of the County.


c. REPORT/Vertical Restriction Issues on I-5 in the Southern Willamette Valley.


Don Minor, representing the Manufacturing Housing Association, said he represented the factory, retailers, transporters and banks that finance the industry.  He asked the Board to support their efforts to have ODOT improve the vertical clearance on I-5 and work with Congressman Peter DeFazio to get that done.  He noted that Oregon was the tenth largest producer of manufactured homes.  He added that California was an important market to them.  He said that people want homes with steeper roofs but it is difficult to move them up and down I-5.  He said they have experimented with tipping the roofs but it is difficult having a roof unfinished when it leaves the factory because of the rain.  He said they could build flat roofs but the cities won’t allow them and people don’t want them.  He said they could continue to use secondary roads or work to improve I-5.  He wanted to pursue improving I-5.


Amy Sinclair, ODOT, gave a presentation that showed staff’s position on raising some of the bridges and improving vertical clearance on I-5.  She noted there are 59 overpasses that don’t meet overpass standards.  She said that safety is not the only impact, there are also costs with the detour routes as they may take longer and the roads are smaller.  She commented that by recommending an increase in vertical clearance, they could help reach their goal and mission.  She asked for the Board’s support of their staff’s position.


Morrison supported wanting to fix the problem.  She asked where the money would come from, and what project would be removed in order for this to take place.


John Oldham, ODOT, responded that DeFazio received $200 million for bridges for safety loads.  He added that $160 million of that was for bridges on I-5.


Dwyer asked what direction they wanted from the Board.


Bob Russell, Oregon Trucking Association, asked the Board to continue working with Congressman DeFazio to emphasize the importance of this.  He said they want the Board to write a letter to the Oregon Transportation Commission for local government support.  Russell requested a representative from Lane County accompany them when they make a presentation to the OTC.


Green indicated he would attend.


MOTION: to move to have a letter written to the OTC addressing the problems with the I-5 bridge clearance, a copy to Congressman DeFazio and that Green is allowed to go to Bend for the next OTC meeting.


Morrison MOVED, Stewart SECONDED.


Sorenson commented that sending a letter to the OTC could help to make things easier.  He wanted to see the letter before they send it.  He said it could be on the Consent Calendar.  He suggested sending it to Lane County’s delegation, the Governor, and two senators.


Dwyer indicated that Tony Bieda, Intergovernmental Relations Manager, would prepare the letter.


Stewart asked them to think about safety and the number of permits that they could process.


VOTE: 5-0.


d. ORDER 06-3-15-11 Approving Assistance Applications for Title II Funds for the Lane County Forest Work Camp and the Department of Youth Services' Juvenile Forest Work Team for FY 05-06 and Authorizing the County Administrator to Sign the Required Applications and Task Orders


MOTION: to approve ORDER 06-3-15-11.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


e. Letter Regarding Wireless


Morrison recalled that before Christmas she was asked to meet with people in the Florence area regarding opportunities to address the need for a faster connection along the Oregon Coast.  She met with Rodger Bennett, City Manager of Florence, about the possibility of Lane County participating.  She indicated that people who were trying to put this together asked for a letter of support as part of OCZMA.  She read the letter into the record.


MOTION: to send the letter.


Stewart MOVED, Green SECONDED.


Stewart noted this was a starting point and their intent is to put Oregon on the map and work toward installing the whole state of Oregon with the wireless system.


VOTE: 5-0.


f. Pros Plan


Morrison indicated that Steve Vorhes, Assistant County Counsel, sent them an e-mail about action the City of Eugene was taking around the Pros Plan.  She didn’t agree with taking a lower status on this. She noted that some of the lands are in the County’s jurisdiction and the way they went about doing this was not appropriate. She wanted them to be more actively engaged on lands outside city limits and outside of the urban growth boundary in the County’s jurisdiction. She thought it was a mistake to not to know what was going on.


Vorhes said if this relates to projects on the list, it is an ongoing city process.  He noted the deadline is tomorrow and the appeal of the action they have taken to adopt the Pros Plan by resolution is not a refinement to the Metro Plan, just direction to the city. He noted the Board and the County had actually appeared in the proceeding that led to the adoption of the resolution.  He said for status at LUBA, there is an opportunity to intervene.  He said they need to pay attention to what is happening and let the city know how the Board feels about the project list and further action as it relates to properties.


Dwyer wanted the language to state:  “Whereas Eugene has adopted parks outside the jurisdictional boundaries; whereas Lane County does not recognize that plan as part or their planning process, and whereas the City of Eugene has no authority to encumber land outside their jurisdiction, therefore be it resolved that the Board of Commissioners hereby take notice that no official authority exists for them to take those actions.”


Vorhes indicated there is an issue of what authority the city has in its proprietary role to exercise whatever it chooses in the way of ownership and operation of parks outside the urban growth boundary.  He added they would still have to comply with all applicable land use regulations, and the Board had not taken similar action to effect the land use regulations they adopted that are applicable outside city limits to the action the city took as it relates to their land use code.  He said they took action to delete the reference to the 1989 plan.  That reference is still in the regulations the Board adopted.  He added unless and until they take it out, it is still there.  He noted the legal effect of that being there is minimal.


Green wanted to see language around actively engaging in the process because it could have ramifications that spill over into some of their districts.


Vorhes said he would work on where the projects are so the Board could have a sense of how things are.


Dwyer said they would want this brought back.




Human Rights Advisory Committee


a. DISCUSSION/In the Matter of Presenting the Annual Report of the Lane County Human Rights Advisory Committee.


Green indicated he had attended all the meetings of the Lane County Human Rights Advisory Committed over the past year.  He encouraged the Board to support their work.


Heidi Schulz, Lane County Human Rights Advisory Committee, introduced the other members on the committee.  She noted the committee had a major change of members.  She said the group supported different activities and groups.  She added the group continued to participate in the County Diversity Action Plan.  With regard to community mediation services, she indicated they have a hotline, but it isn’t getting a lot of calls.  She said it was hard to know if the complaints are discriminatory and some of the complaints are not human rights issues.  She said they are going to make the hotline better known so it will be used.


Schulz noted at their last meeting they formulated four task groups. She noted that community outreach is a vision on how they are going to work with the community.  She added there are also tasks including publicizing the hotline and making sure they are working with community mediation services towards a productive relationship.  She said the goal is to increase reporting of human rights complaints throughout the County.  She added that the committee is looking at their community relationship.


Schulz said they also wanted to have a committee structure and function.  She noted other goals within that committee are to do a good job of recruitment by getting a good cross-section and diversity in members.  She said they would look at criteria to address. She said they are going to review their budget and spend the $5,000 wisely.


Schulz noted another committee is addressing the rural needs assessment, to go out to the rural areas to find a way that would work with them.  She added once they determine the best way to have the meetings, they will publicize them and make them as accessible as possible.


She said the fourth committee is the Springfield needs assessment.  She noted they would be the only organization hearing Human Rights complaints from Springfield.


Schulz explained they are working on how to get information and developing a structure so they could better work with the Board regarding Human Rights issues.


Morrison asked how the task force was recruiting members to work on a specific task.


Schulz said each task group has three to four members on the committee.


Morrison asked if she could get a copy of the summary of committee members.


Stewart congratulated the group on the work that had been done.  He offered to go into his community and explain what the group had been doing.


Sorenson stated they needed to have more money for the committee.  He thought with human rights they were discussing safety, tranquility, peace and dignity in the community.  He thought the easiest way to integrate an organization is to get women into management and leadership.  He thought it would bring opportunity to other people and they could do a better job for the people of Lane County.


Dwyer welcomed the committee.  He appreciated the way things were being planned.




a. Announcements






a. ORDER 06-3-15-2/In the Matter of Authorizing Emergency Replacement of the Green Creek Road Bridge (Bridge 18751) at M.P. 0.23, Designating the Work as a Single Project Only, and Waiving Certain Road Design Standards.


Sonny Chickering, Public Works, recalled he came before the Board three weeks ago regarding the situation on Green Creek Road. He said the Public Works Director (based on a recommendation from the state bridge engineer) had posted the bridge as closed.  He said subsequent to their conversation, the Board directed them to post the bridge at three tons so people could get their cars across.  He added the Board also directed them to investigate a replacement in kind with another flatcar or temporary kind of bridge.  He said they completed that.  He proposed a new flat car that is 67 feet in length instead of the existing 60 feet.  He noted once completed and in place, it would be 12 foot wide and it would support greater than the desired 27 tons.


He said because the work could be completed outside of the channel, they don’t believe they would need permits for replacing the bridge.  He noted there is some stream stabilization work to be done on the east side which would require both state and federal permits.  They will have to do the work in the in-water work period, between July 1 and September 30.  He said their proposal is to get the bridge replaced and come back in the in-water work period and do bank stabilization on the east side only.  He noted the residents indicated there is also a stabilization issue on the west side, upstream from the bridge, but it is outside of the public right of way and it doesn’t pose an immediate threat to the bridge.   He didn’t include that in the proposal, as it didn’t seem to be part of the emergency assistance the board was interested in.  He said the property owners would have to pursue that work on their own.


Chickering commented that the bridge would not meet Lane County road standards for road width.  He said that Chapter 15 requires an 18-foot width and the bridge will only be 12 feet wide.  He said the Board would have to authorize an exception to that standard.  He added it would also not meet ASHTO bridge design standards in a number of ways.  He noted that this is a temporary solution.


Chickering indicated that the flatcar bridge needs to be manufactured.  He noted there is a four to five week waits for delivery.  He thought they could have it completed within 65 days.


Morrison asked if log trucks would be able to cross the bridge.


Chickering responded that the load capacity of the bridge would be determined after it is in place.  He said the intent is to construct the bridge, put it in place, and have a load-rating engineer analyze the bridge and tell them what it would be.  He added the structural capacity of the railcar is higher than they would need for the emergency services and it might be enough for legal loads.


Morrison wanted to keep the cost of the bridge as low as possible.  She asked if the property owners had been contacted about the assessment of the bridge.


Chickering indicated they were sent a copy of the board packet.  He added that Frank Simas, Public Works, had been in contact with some of the property owners.


Simas said when they have an assessment project, it is done on the basis of the tax lots.  He tried identifying all the properties that would be benefited by the bridge project.  He identified 12 properties and they were all notified.  He sent a copy of the agenda material and a cover letter explaining the staff recommendation regarding assessing the costs of the project.  He spoke personally with two owners.  He was obtaining permits of entry to do the work.  He added he previously spoke with another property owner and their bridge supervisor had spoken with several more of the owners about the work to be done.


Morrison was concerned about the assessment.  She asked if they pulled the bridge and put in a temporary one, if it would eliminate the possibility of getting highway bridge replacement and rehabilitation bridge funding.


Chickering said it would hurt their chances.  He noted that allocation of the HBRR money is based on a complicated formula and one of the components is need.  He commented in the current condition with the bridge low posted, their need goes up.  He added if they replace the bridge with the one they are proposing, their need goes down and ranking for the HBRR money is hurt.


Morrison asked what would happen if they didn’t pursue replacement and the temporary bridge stays.


Chickering responded that at some point they might come back.


MOTION: to approve Option 1 of ORDER 06-3-15-2.


Morrison MOVED, Green SECONDED.


Morrison had a problem with the continuing road maintenance and some properties paying more for their assessment.


Sorenson thought they were doing the correct thing under the circumstances.


Green supported the motion.  He noted there was a typo on the Director of Public Works in the memo.


Wilson stated the Board order expresses the Commissioners’ intent to apply the assessment policy.


VOTE: 5-0.


b. THIRD READING AND DELIBERATION/Ordinance No. 2-06/In the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the Springfield Development Regulations for Application to Urbanizable Lands Within the Springfield Urban Growth Area (LC 16.600-15) and Adopting Savings and Severability Clauses. (NBA & PM 1/25/06 & 2/15/06).


MOTION: to adopt Ordinance No 2-06.


Stewart MOVED, Morrison SECONDED.


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




A. Approval of Minutes:

August 2, 2005, Regular Meeting, 9:00 a.m.

February 8, 2006, Regular Meeting, Following HACSA

February 15, 2006, Regular Meeting, 9:00 a.m.

February 15, 2006, Regular Meeting, 1:30 p.m.

February 22, 2006, Regular Meeting, Following HACSA

February 22, 2006, Regular Meeting, 1:30 p.m.


B. Assessment and Taxation


1) ORDER 06-3-15-3/In the Matter of a Refund to Winco Foods, LLC in the Amount of $11,175.76.


C. Health and Human Services


1) ORDER 06-3-15-4/In the Matter of Appointing Four Members to Fill Vacancies on the Community Action Advisory Committee (Human Services Commission Budget Planning Committee).


D. Public Works


1) RESOLUTION AND ORDER 06-3-15-5/In the Matter of Setting a Public Hearing on the Proposed Surrender of 20 County Roads, or Portions Thereof, to the City of Eugene (Public Hearing: April 19, 2006, 1:30 pm).


2) ORDER 06-3-15-6/In the Matter of Releasing, Dedicating and Accepting Parcel “A” of Maesner Plat, a Parcel of County Owned Real Estate, as Right of Way for County Road Number 2079 (Maesner Street) (17-04-10-14).


3) ORDER 06-3-15-7/In the Matter of Releasing and Dedicating Parcels of County Owned Real Estate, as a Public Road (17-03-19-12) (Chasa Street).


4) ORDER 06-3-15-8/In the Matter of Appointing a Five-Member Citizen Committee to Evaluate and Recommend Awards for the Lane County Tourism Special Project Grants for the Year 2006.


MOTION: to approve the balance of the Consent Calendar, with item C. 1) pulled.


Morrison MOVED, Stewart SECONDED.


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


C. 1)


MOTION: to approve ORDER 06-3-15-4 with the deletion of Smith, as she moved and was not able to be on the committee.


Sorenson MOVED, Stewart SECONDED.


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




a. ORDER 06-3-15-9/In the Matter of Creating the Classification Specifications and Salary Range for Senior Dental Hygienist.


Jan Wilbur, Management Services, explained the dental program was growing.  She said the goal in the next fiscal year is to increase services.  She added this position will coordinate more of the services and still provide dental hygienist services.


MOTION: to approve ORDER 06-3-15-9.


Stewart MOVED, Sorenson SECONDED.


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




a. Oregon Department of Forestry 2005 Customer Satisfaction Survey.


Morrison thought the County Forest Trust Lands will be responding to the survey as a whole.  She wasn’t sure when that would be completed.  She wanted to hold this until next week.




Stewart announced that with regard to Region 2050, Springfield didn’t want to be involved.  He noted in the next few weeks he will explore what options there are with Region 2050 and report to the Board.


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 11:55 a.m.



Melissa Zimmer

Recording Secretary