March 22, 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.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




Sorenson requested a discussion on opposing cuts to Medicaid and other social service programs under Commissionersí Business.


There is an MWMC item brought by the Economic Development Standing Committee and a letter regarding the cable franchise under Commissioners Business.




Jerry Finigan, Santa Clara, stated he is the chair of the Santa Clara Community Organization.He spoke as a resident of Irvington Drive.He recalled that in 1987 the Board of Commissioners entered into an agreement with the City of Eugene to relinquish all authority for land management in Santa Clara and River Road to the City of Eugene.He thought it was an error financially, as Santa Clara has boomed since the mid-1990s, and the SDCís have brought millions to the city.He commented on the governance level, stating the agreement had turned into a betrayal of the Countyís citizens because the agreement contained no provisions for oversight or monitoring of the city and its treatment of County residents.He said this has resulted in the betrayal of 12,000 County residents in Santa Clara and River Road and left them without any representation or recourse.He thought the representative authority could be deemed unconstitutional.With regard to annexation of County roads, he said the city is using the appropriation of County roads to assure islands of unannexed territories. He commented that their organization had taken the position that annexation should not occur without the vote of those affected.He commented that the accumulation of County roads to facilitate the islanding of property in Santa Clara is an attempt to position the city to force property owners into the city without their consent.He urged the Board to have their interests represented at the Lane County Boundary Commission and question the motives of the City of Eugene.


Dwyer commented the transitional agreement leaves a lot to be desired because there is no representation when they acquiesce their responsibilities to the city, but they donít keep any jurisdictional responsibility.He thought it was time for them to revisit the transitional agreement.He noted that they have an agreement with the city where they have to bring the streets up to city standards so when they take them over, it is without remuneration.


Jim Seaberry, Santa Clara, commented that there are 58 properties that are being held hostage.He said what caused people to lose their vote was the 5.9 acres west of those 58 homes.He noted this was five years ago and that land is still vacant except for one house that is on it. He noted what changed was taking away the peoplesí right to vote.He wanted to see people at the April 6 meeting of the Boundary Commission, as it is important to all of them.


Dwyer asked what they could do to revisit the transitional agreement.


Van Vactor recalled they prepared a list of significant issues in the Metro Plan.He said they sent that list to the planning director.He noted the City of Eugene was not interested in working on any of the issues.He stated that at the current time there is no Metro Plan Workplan.


Morrison recalled they had this issue raised before, and they had Steve Vorhes, Assistant County Counsel, come back to the Board on whether or not there were constitutional issues.They were told there werenít.She reported she wouldnít attend the April 6 meeting, as she will be attending a meeting on the Secure Rural Schools Act.


Van Vactor stated that, with the City of Eugene, the Board of Commissioners retains legislative authority regarding the planning and zoning ordinances in effect in River Road and Santa Clara.


Richard Wagner, Eugene stated he was against annexation.He thought it was a ploy to create islands, to bring people into the city without a vote.He commented that it made no sense to annex the streets.He wanted to be left alone.


Dave Van Sickle, Eugene, said he was on a transition team, but quit because the city was spinning its wheels.He didnít understand why Lane County continues to give money to the City of Eugene.He didnít think the city could request a street annexation, as the Boundary Commission does it by resolution.He asked why a street annexation was below a property ownerís annexation request.He asked why the County was subsidizing the City of Eugeneís road repair fund because it is making an island for annexation.He believed the city should pay for the road and the water infrastructure under the street.He looked forward to the Boardís formal objection to the Irvington annexation at the April 6 Boundary Commission meeting to state objections.








Sorenson wanted to make sure there were options to consider for the public safety measure.He wanted a homeowner and rental relief program to make it easier for homeowners under the measure.He wanted to consider a balance between a personal income tax and a corporate income tax so they have more information on how much they need to raise each one.He wondered if they could pursue the measure without regard to the property tax component, but raise the necessary money for public safety.He also wanted an additional briefing on whether the informational effort underway has changed the publicís knowledge of the situation.




a. ORDER 06-3-22-1/In the Matter of Proclaiming the Week of April 3-9, 2006 as National Public Health Week.


Karen Gillette, Health and Human Services, distributed a Public Health Science Matrix that was worked on by the Health Advisory Committee.


Jennifer Jordan, Health and Human Services, spoke about nutrition and healthy youth.She also discussed increasing employeesí physical activity.


Dwyer read the resolution into the record.


MOTION: to approve ORDER 06-3-22-1.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.




a. DISCUSSION/LCC-Regional Technical Education Consortium (RTEC) Economic Development Opportunities.


Green recalled that he and Laurie Swanson-Gribskov visited two facilities in Portland which were preparing high school students for the work force and giving them an opportunity to pursue careers with gainful employment out of high school.†† He thought there would be economic development opportunities they could partner with in Eugene.


Swanson-Gribskov gave a presentation on the Regional Technical Education Consortium (copy in file).She said this is a way of creating more options for students, including skill development, linking high school to the labor market, and the community college with dual credit.She indicated the focus is enhancing opportunities for students.


Green asked how as a County they could participate as an economic development partner to help the concept move forward.


Dwyer thought they should meet with Peter Thurston, Economic Development and Faye Stewart. He noted there was an open process for Economic Development money and they should see what was required.He noted that job training is a targeted area.He thought it was doable within the structure they have.


b. REPORT BACK/Oregon Department of Forestry 2005 Customer Satisfaction Survey.


Morrison reported that last week they had this under Correspondence to the Board.She was directed to contact Gil Ridell at AOC and Tim Josie, Chair of the Council of Forests Trust Lands to see whether or not the Council of Forest Trusts Lands was going to be answering this survey.She said they didnít want to have this as a conflict as to what was being done.She put a draft of the response of the Council of Forest Trust Lands in the Boardís mailbox regarding the survey.She noted it was a draft, as of March 21.She added the Council of Forest Trust Lands would be taking final action at the end of the week.She said it was a response from the Council of Forest Trust Lands--of which Lane County is one.


Dwyer asked why they needed to respond.He said he would accept the response of the people who know what is taking place.


Morrison noted they didnít give them an excellent rating.She commented there were areas where they were good and bad.


Van Vactor suggested sending a short letter under the Boardís signature stating they would put their comments through to the Council of Forest Trusts Lands.


c. REPORT BACK/Letter Supporting I-5 Vertical Clearance Remedies.


The letter was e-mailed to the Board and there was agreement to send the letter.


d. ORDER 06-3-22-11/In the Matter of Authorizing an Application for State Funds and Allocating Video Lottery Funds for Analysis of Costs for the City of Coburg to Connect to Metropolitan Wastewater Management System.


Milo Mecham, LCOG, explained that this relates to Coburgís attempt to construct a sewer system.He stated that Coburg had been working on this for many years.He said the question continues as to why Coburg doesnít connect to MWMC instead of constructing its own system. He noted in order to connect to MWMC, Coburg needed to resolve questions.He said one question is how much would Coburg have to pay to connect to MWMC.He said they had been working with MWMC staff and are at the point where they are agreeing to participate in an analysis of the costs.†† He said they have to get funding to finance that program.He said they made it clear that they donít want to see Coburg involved in paying for the analysis because they thought it would create a taint in the system.He said they are trying to get funding that would meet their expectations of the program.He noted the state had agreed to contribute $20,000 to help finance it.He noted that MWMC is not an eligible recipient of those funds. He indicated if they want to move the program along, they need assistance from Lane County to take a more active role in the process.He said they should apply for the technical assistance money from the state and if the Board is willing to take some of the video lottery funds and make it available to help finance the program that was what they were asking for.He said if they were going to get this done in time to meet the requirements of Coburg to get federal funding, it needs to happen quickly.He said they need to move forward and that is what they were requesting.


Green asked whose idea this was. He had concerns with the letter regarding the request for Lane Countyís participation.He had concerns with the concept.He asked if this was a normal procedure by MWMC if someone wants to apply to be connected.He thought it was contradictory to the scope and principle of MWMC.


Dwyer suggested letting the process go forward and telling them how they feel.


Green commented it was a situation being set up for Coburg to fail.


Dwyer stated they would not allow them to fail.


Mecham explained that this was moving quickly. He took the responsibility of proposing this to the Board.He said it was the only way they could find the money to do this.He had talked with MWMC staff and they raised concerns that they are beginning to move away from the program that they had established.He said they hadnít stated they wouldnít participate, they indicated they might be able to continue to participate.He noted this was the City of Coburgís idea and it hadnít been pre-approved by MWMC.He added this was a deviation of what MWMC had in mind.


Morrison asked if MWMC was against this, what the last step would be.


Stewart commented that MWMC didnít appear excited to hook up Coburg.He said MWMC wanted full cost recovery before Coburg could hook up and that is the stand they are taking.He said they have an agreement from both parties at the staff level from Springfield and City of Eugene Public Works that they would move forward with the cost determination part with a separate party to come up with a cost estimate to do the hook up.He thought it was important to move forward to find out what the realistic costs are from a third party and take it to the elected officials to see if they could realistically hook Coburg up.He noted there would not be money available for Coburg to build a stand-alone facility.


Mecham indicated there would be a quote process for the study.


Van Vactor noted that Mechamís memo indicated that management would likely involve contracting with MWMC.Van Vactor thought it would involve an independent third party.


Mecham explained that MWMC would be a contractee because they would be spending a significant amount of staff time and they donít want to spend the staff time without being reimbursed.He said the budget is for reimbursement of their staff time.He said the County could have MWMC be a consultant, or hire one.


Van Vactor stated it should be clear that it was only to reimburse their costs.


Morrison didnít appreciate the way Susie Smith of MWMC was manipulative, when they are trying to provide a basic service to a community.She added that Susie Smith announced three years ago that MWMC would not hook Coburg up when they had their monthly meetings.


Dwyer commented that the facility was built with federal money and it was built for the same reason that Coburg needs it, for the nitrates.He wanted to help the people.


MOTION: to approve ORDER 06-3-22-11 along with the change for the uses they have for video lottery money.


Morrison MOVED, Stewart SECONDED.


Mecham indicated the concern that MWMC has is capacity with the system.He noted the present and future capacity of the MWMC system is dedicated to the service area defined by the UGB.He said in discussing adding another user outside the UGB, it raises questions about the capacity.He said if Coburg adding to the MWMC system takes away capacity, it takes away opportunities for similar growth in and around the area.


Dwyer commented that they had just authorized $165 million in capacity.He added it was not Susie Smithís job as director to state that the Coburg project would not happen without objectives to look at.He said her job was to work with everyone.


Stewart thought they had an opportunity to move forward, and to put their differences aside to see if they could make this happen.


Green said he would support this but thought it was bad that MWMC had taken the position that Coburg couldnít apply for the funds and they would be suspect of the information that comes back, but they are not offering any other alternative.


Van Vactor indicated this would allow for $46,000 of the video lottery dollars.


VOTE: 4-1. (Sorenson dissenting).


e. Cable Letter.


Thurston explained that the FCC is holding hearings that may remove a substantial portion of local governments who currently have franchise authority for cable television.He said some of the legislation that had been proposed would take away the County and the citiesí rights to control their rights-of-way relative to telecommunications development that has a variety of benefits.He noted one benefit that would go away is a five percent franchise fee.He noted Lane County receives $400,000 each year that goes for services that Lane County provides.He commented that if that is taken away, then it is a loss to the Countyís budget.He noted this draft letter is directed to the FCC.He recommended if the letter was the correct statement, that they send a copy to the delegation and a letter to the committee NACo has recommended, advising that local government needs to be kept in the franchise process.


MOTION: to move approval of the letter with all of the recommendations.


Green MOVED, Sorenson SECONDED.


VOTE: 3-0 (Morrison and Stewart excused)


d. RESOLUTION 06-3-22-12/In the Matter of Opposing Cuts to Medicaid and Other Federal Social Service Programs


Sorenson heard that Benton County made a similar resolution.He took their resolution and re-wrote it.He read the resolution into the record.


MOTION: to approve RESOLUTION 06-3-22-12.


Sorenson MOVED, Green SECONDED.


VOTE: 3-0. (Morrison and Stewart excused).




a. Announcements






a. ORDER 06-3-22-2/In the Matter of Authorizing Youth Services to Develop and Submit a Grant Application to the Oregon Criminal Justice Commission (OCJC) for $300,000.


Lisa Smith, Department of Youth Services, asked for authorization to develop and submit a grant to the Oregon Criminal Justice Commission for up to $300,000 for the juvenile drug court.She noted the Oregon Criminal Justice Commission had issued an RFP for thejuvenile and adult drug court.She said there is $2.5 million total, with $300,000 for each application.She indicated it is one-year duration but there is legislation to continue to fund in the future.She said there was no match required and the funding areas are narrow.She indicated they would fund a drug court coordinator and treatment fund.She explained that the Department of Youth Services has the oldest juvenile drug court in the State of Oregon.She commented that the substance abuse issues continues to plague the community and over 80% of the youth that come to the Department of Youth Services have substance abuse issues.They had experienced a 31.1% increase in substance abuse referrals over the past ten years.She added that at any time, over one-third of their youth in detention have meth related issues.She noted that over the next year, Youth Services would be losing over $1 million in grant funding.


Dwyer didnít think there was any problem applying for the grant.He said she had to be aware that when the grant goes away, the position goes away.He said with that caveat, he told her to apply.


MOTION: to approve ORDER 06-3-22-2.


Green MOVED, Sorenson SECONDED.


Green indicated this came before PSCC and it was supported unanimously.


VOTE: 3-0.(Stewart and Morrison were excused).




a. WORK SESSION/2008-2011 Statewide Transportation Improvement Program (STIP) Update.


Tom Stinchfield, Public Works, explained the Board of Commissioners held a public hearing and adopted a list of priorities for the STIP in December.He said that list went into the region office and the region office had distributed a proposal for funding Region 2 projects and asking for comments back by May 5.He had ODOT staff explain the projects that were being discussed at the regional level.(Copies in file).He said they would schedule a hearing and action item on this on April 26 that would meet the May 5 deadline.


Tom Boyatt, ODOT, indicated their charge was to put together a straw proposal. He noted all the projects in dollar amounts were assigned to them.He said their charge is to go around the nine-area region and present the straw proposal.He said the projects total was $45.7 million.He said they have more money this cycle because of a federal earmark of $200 million for the bridges on I-5.†† That contribution allowed them to free up some OTIA money.


Boyatt discussed the I-5 bridge flyover.He noted there was $72 million in the project with an additional $50 to $60 million to continue with ramp terminal work.He noted the second project is the I-5 Coburg interchange.He said they went through the first phase with an exit ramp.He said there is a $3 million annual appropriation from three years ago.He added there was another $9 million from the state and another $2.5 million from the County, bringing the project to $14.5 million.He said the planning costs would bring the project to about $20 million.


Boyatt noted the Boardís number one priority was Beltline Highway at Coburg Road.He said it had been in and out of the STIP from the last cycle.He said in project development there is $4.4 million, but it might not be enough.He said it would add a lane to the eastbound exit ramp, improve the signal and create two left turn lanes going to the north.


With regard to Beltline Highway and Delta, Boyatt indicated there is $1 million in the STIP currently for 2009 for an EIS and this added $1.5 million for the funding to bring the total to $2.5 million.They think this will be enough to get them through the EIS.He said the planning work is set to start after July 1.He said they would begin by doing a current condition future projected no build look at the entire corridor and use that information to validate where the biggest problems are and then develop a specific job they hope they could afford.


Morrison asked if they still needed the money they had been requesting from the United Front for the study.


Ollie Snowden, Public Works, indicated he spoke with Tony Bieda, Intergovernmental Relations Manager, and this money would supplant the $3 million request they took to the United Front.He noted this was the first step.He had to do this before construction started.


Boyatt said they are working on getting this funded in 2010 and 2011.


Boyatt indicated the final project is the STIP funding for Poterf Road to Noti.He indicated there is $1 million to do some work.He noted what came off the Boardís list was the West Eugene Parkway.He said it did not make the straw proposal.He said in the 06/09, at the Boardís request $1 million was put in for wetland mitigation banking.


With regard to the next steps, Boyatt indicated that Stinchfield would be back to the Board, getting the reaction from the straw proposal.He noted it is due in the region by May 5.He said they hope to get to all of the ACTS by May 5 and bring everyone back together in June for an all area meeting.


Green asked if the action they took at MPC caused the WEP to come off the list.


Boyatt responded when the regional management had to sit down with all of the requests from all of the ACTS, the decision was to put the money in the projects he discussed.He added as the Board they could comment and move some money around.


Green didnít remember the Board making any affirmative statements about taking the WEP off.


Boyatt recalled all six projects including the WEP went into the region.


Snowden indicated that phase one of the WEP had already been funded.He said the additional funding of the WEP was not given.




A. Approval of Minutes

November 1, 2005, Public Hearing, 1:30 p.m.

November 1, 2005, Public Hearing, 6:00 p.m.

January 11, 2006, Regular Meeting, 1:30 p.m.

February 7, 2006, Public Hearing, 5:30 p.m.


B. Health and Human Services


1) ORDER 06-3-22-3/In the Matter of Applying for an Oregon State Criminal Justice Commission Grant to Enhance the Treatment Capacity of the Lane County Adult Drug Court for $169,127.


2) ORDER 06-3-22-4/In the Matter of Approving the Submission an Expanded Medical Capacity Grant Application for FY 2006-2007 and FY 2007-2008 in the Amount of $1,200,000 to the Federal Department of Health & Human Services.


3) ORDER 06-3-22-5/In the Matter of Awarding a Contract for Federally Qualified 340b Pharmacy Services for the Community Health Centers of Lane County (CHCLC) to Wellpartner, Incorporated for the Period of 4/1/06 - 12/31/06.


C. Public Works


1) ORDER 06-3-22-6/In the Matter of Establishing a County Road to be Known as Bob Straub Parkway, Being Located in Section 33, Township 17 South, and Section 4, Township 18 South, Range 2 West of the Willamette Meridian (17-02-33 & 18-02-04).


2) ORDER 06-3-22-7/In the Matter of Establishing a Public Road Within Richardson Park, a Leased Corps of Engineers Park, as a County Road, Being Located in Section 5, Township 17 South, Range 5 West of the Willamette Meridian.


3) ORDER 06-3-22-8/In the Matter of Naming Witcher Extension Road, a Private Road, Without a Public Hearing (20-03-12 & 13).


4) ORDER 06-3-22-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1196 (Brown Road) (19-01-06).


MOTION: to approve the Consent Calendar.


Green MOVED, Sorenson SECONDED.


VOTE: 3-0 (Morrison and Stewart excused).










13. EXECUTIVE SESSION as per ORS 192.660








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



Melissa Zimmer

Recording Secretary.