May 3, 2006

9:00 a.m.

Commissioners' Conference Room

APPROVED 6/28/06


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




Van Vactor stated in the afternoon they would have a board order regarding $5,000 from the contingency fund for an education fund for Sean McQuillen.Items 7. a. and 7. b. were pulled.




George Stathakis, Eugene, stated he was with the Wayne Morse Youth Program.He wanted to keep the communication going.He said the youth have been responsible and are sticking to their commitment, even though they canít have electricity.He said the kids have learned a lesson in dealing with government.He said they couldnít stamp out the negative--they have to promote the positive.


Ishi Woods, Eugene, asked the Board what they wanted the free speech area to become. He said when they are not there he sees things that donít fit what it was made for.He said he had never received complaints from the vendors.


Green commented that the merchants wouldnít go to the youth with the complaints because they are not there to enforce the noise ordinance.He said the merchants would go to the governing body--the County and the city.He said it was the Countyís responsibility to enforce the complaint.He noted the plaza is a free speech plaza.Green stated that Woodsí argument is about the amplification of sound, but the group still has free speech.He didnít understand why that wasnít understood.


Iana Matthews Harris, Eugene, recited a speech about the free speech plaza situation.


Debbie Jeffries, Eugene, commented on the Secure Rural Acts funding.She was concerned that there is a perception by the editorial board that it is not important.She hoped the Board would help educate the public on how important the funding is.


Jean Schultz, Eugene, Oregon Family Support Network, reported that Lane County government had supported their mission of families throughout Oregon supporting other families that have children and adolescents with mental emotional behavior and relation disorders.She gave the Board a ribbon to celebrate Childrenís Mental Health Week.


Larry George, reported that recently County maintenance crews have come to Crossley Lane.He noted that a new ďend of county maintained roadĒ sign went in, cutting off the last three houses from a maintenance schedule that was done until the end of 2005.He said they talked with crews and neighbors who initiated the process of continuing Crossley to the last three driveways.He noted the road was originally created as a local access road in 1979.He had a document that showed the dedication of a public road easement to the County as of 1979.He said since that time the County has maintained the culverts, paving and maintenance.He was told there was a mistake, that the crews measure from the Fir Butte intersection and they are not in the County maintenance plan because they are not within the .354 survey mileage from the start of Fir Butte.He said the decision to move the local access road to become privately maintained happened some time after 1988.He said that was according to Jean Benedict, the owner of 40 acres at the edge of Crossley Lane on the west side that abuts the Army Corps of Engineersí land and the reservoir.He asked, if the road was public, why they had to maintain it.He said the designation of public road maintenance was overlooked.He said the road cost $12,000 before it was designated a local access road.


He said the damage being done at the end of his road is caused by maintenance trucks that turn around, and other drivers who come to the end where there is no turn around.He said if they donít get the services, they should be able to restrict usage.He wanted to leave it public and have the County maintain it as it had for more than 25 years.He said if they canít be part of the County road, they want to save it from being destroyed.He wanted it back on the list for public maintenance.


Green commented that he and Morrison looked the road up and it is not a local access road and is scheduled for maintenance.


George said there is a conflict because .354 of a mile will not be paved to the end of the ďend of county maintained roadĒ sign.


Green said they would bring it up during the capital improvement process.


Nancy Reed, Eugene, indicated the County came out and put up a sign that shows where they think the end of the maintenance is, which excludes her end of the road.She said maintenance trucks come down and use the road that has no turnaround.She stated the trucks are breaking the road and they canít maintain it.She said it is a public road and didnít know why the .354 of a mile was no longer part of the maintenance.


David Woods, said the majority of the city council supports the Wayne Morse Youth Programís use of electricity.He thought Green, Stewart and Morrison objected to it.He said in the spirit of Wayne Morse, free speech is supposed to be heard or it is not free.He commented that there is a lot of noise in that area on Saturdays, with or without the electricity.He said the free speech area was built with electricity for the use of the public, not just during the working hours of the County. He added it is a public place with the electricity designated for the public to use.He said it is impossible without electricity to get a point across.


Green said the fact he could state his mind in front of the Board is an example that there is free speech.He said the city council and the City of Eugene do not have a free speech plaza and wouldnít provide him with electricity either.


Dwyer said he wrote the Mayor and told her what their problem was with public safety and acts that were going on in the public plaza.He commented that the public doesnít have to tolerate that nonsense.He said the Policies and Procedures Committee would revisit this in June.He said the police cited 19 people last week.He noted when there is a police presence it deters that type of activity.He said he would be glad to get a generator where they could plug their mike into in the interim to have the sound and electricity.He said he would do it at his own expense.












a. ORDER 06-5-3-1/In the Matter of Proclaiming the Month of May as National Mental Health Month.


Rob Rockstroh, Health and Human Services, reported that Lane County manages Mental Health services in Lane County.He said they are the most extensively-contracted system in the state, with a good reputation statewide.


Updates were given by Bruce Abel, Dave Sigler, Bill Willard and Sandy Scheetz.


Commissioner Dwyer read the resolution into the record.


MOTION: to approve ORDER 06-5-3-1.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




a. REPORT BACK/Policy Choices for Parole & Probation Supervision.


Rockstroh distributed information.He indicated that the cost to supervise 210 misdemeanants would be $269,177.He said if there is a public initiative measure in November and Lane County were successful, they would be able to fund this.He reviewed a list of funding sources.(Copy in file).


With regard to SB 1145 money, Rockstroh reported the Supervisory Authority Team met and there was $250,000 available of unallocated money.He said they agreed to allocate $100,000 to Parole and Probation as recommended earlier.He added they also recommended money for the Sheriffís Office medical area remodel and a drug court project.He said they will do a budget add package for these positions.He wanted to take the $100,000 to start hiring the positions and wait to see if the year-end rollover had money to fund the position.He commented that it only solves half of the problem for supervision and it is not a continuing source of money.He notedthat this is a policy choice the Board needs to make.He said the Board could choose not to fund this and get out of supervision, which he didnít recommend.He thought they could take the $100,000 start-up money to see if there is roll over money for the add package.


Dwyer requested that Rockstroh put his suggestions in writing with his first, second and third choice and the Board could decide from there.


Stewart commented it would be better to have someone working for six months on these issues than not having them at all.He wanted to give assurance to people that they could have a job for awhile, but realize that they will be doing the best they can for six months.


Wilson asked how long it would take before they would hire someone.


Rockstroh responded it could take a couple of months.


Wilson stated that in the interim they would have the opportunity to see if there is additional funding for other options that might be available.


Rockstroh wanted to make sure the money was there and to discuss it with Dave Garnick, Budget/Finance Planning Manager.He said if there isnít money then they could discuss the priorities.




a. REPORT/Secure Rural Schools. (PULLED)


b. REPORT BACK/Letter from Bill Kloos.(PULLED)




a. Announcements.


Van Vactor announced that the celebration of life for Sean McQuillan is tomorrow at 3:00 p.m.


Green commented that Van Vactor made a good presentation on the Countyís budget.


Van Vactor stated that Garnick does an amazing job.


b. ORDER 06-5-3-2/In the Matter of Authorizing an Economic Development Grant from Video Lottery Contingency Funds for the McKenzie Forest Products Rapid Process Improvement Training Project.


Peter Thurston, Economic Development, stated this was a recommendation from the Economic Development Standing Committee.He said it was brought to them from the Lane Metro Partnership.He indicated it was a time-sensitive training opportunity and the community reviewed this and recommended a $40,000 award from operating contingency of the Economic Development Fund.


Stewart said they supported this because it is advanced training for their employees to look into producing other products, improving their efficiencies, and being able to keep up with the times.He thought it was a worthy grant and supported it.


Dwyer said these people want to stay competitive and stay in business.They need to enhance education to keep them competitive.He noted that part of their goal is to help existing businesses with education.


Green supported the recommendation.He stated it met two of the goals.He asked about the monitoring process.


Thurston responded that they would follow the contracting for those types of services.He added that they will attach the materials included in the presentation on outputs and outcomes and the Lane Metro Partnership will be monitoring it as it goes through the contract.A year later they will review the results.


Green asked if this was being leveraged with other funds.


Dwyer said it was, about two to one.


MOTION: to approve ORDER 06-5-3-2.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




A. Approval of Minutes:

January 18, 2006, Regular Meeting, 1:30 p.m.

April 5, 2006, Regular Meeting, 1:30 p.m.


B. Health and Human Services


1) ORDER 06-5-3-3/In the Matter of Applying for a Federal SAMHSA Grant in the Amount of $350,000 per Year for Three Years to Prevent Methamphetamine Abuse.


C. Management Services


1) ORDER 06-5-3-4/In the Matter of Transferring $17,203.10 from the Intergovernmental Mailroom Contingency Account to Intergovernmental Capital Projects Account to Cover Purchasing New Postage Machine.


D. Public Works


1) ORDER 06-5-3-5/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During the Fiscal Year 2006-2007, Contract No. 06/07-M&S-52.


2) ORDER 06-5-3-6/In the Matter of Entering into an Intergovernmental Agreement with the City of Eugene to Provide for the Occasional Rental of Vehicles.


MOTION:to approve the Consent Calendar.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




a. DISCUSSION/Federal and State Legislative Changes Pertaining to the 2006 Primary and General Elections.


Annette Newingham, Elections, reported there are ten counties in Oregon that are piloting the accessibility voting system and Lane County is one of them.She said they are working closely with the Lane Independent Living Alliance and the disabled community in Lane County.She said the system is a phone in Lane County Elections with a fax attachedShe noted that this is part of the Help America Vote Act that was a federal act enacted in 2002.She said they had done publicity on this and yesterday they had the first voter use this system.She added it was the first time that this individual had ever voted privately.She said the plan is that if it is successful in the ten counties, it will be used statewide in November.She indicated the state has paid for this but there will be a point in time when the counties have to pay.She said they are working hard to make options available for the disabled.


Newingham noted the voter registration requirements changed as of January, as they are now on a statewide voterís registration system and anyone who is new to Oregon is required to complete and provide an Oregon Driverís License.She added if they donít, they have to attest to that fact and provide the last four digits of a social security number.She noted they are qualified to vote for state and local issues but they would not be qualified to vote on federal issues.


Newingham said there is a new process where one cannot participate in more than one nominating process in the primary election.She explained that if they vote a major party ballot in the primary election, they could not sign a petition and it could not be counted for an independent.


Sorenson asked Newingham how she knew if someone was a citizen when they register to vote.


Newingham said they donít ask for proof of citizenship.She said there are two places on the application where it asks if they are a citizen.She added it is part of the oath.


Sorenson asked if someone had fraudulently stated they were a citizen or they didnít know if they were a citizen.


Newingham said for the most part they had not had any circumstances she was aware of in Lane County where they had a registered voter who was not a citizen that actually voted in an election.She said if someone intentionally voted for fraudulent reasons it would be referred to the state and the Attorney General would prosecute.She indicated the history of Oregon was that they did not have that type of problem.




a. FOURTH READING AND DELIBERATION Ordinance No. 7-05/In the Matter of Amending Chapter 3 of Lane Code Regarding Regulation of and Reporting by Used Merchandise Dealers and Eliminating the Secondhand Business License Requirement (LC 3.600-3.990) (NBA & PM 1/04/06, 1/18/06 & 2/15/06).


MOTION: to approve a Fourth Reading and Setting a Fifth Reading and Deliberation for Ordinance 7-05 on July 19, 2006.


Dwyer MOVED, Stewart SECONDED.


Green asked if they communicated with Springfield that Lane County was waiting for them to take action.


Dwyer said that all of the pawnshops are in Springfield.He said they owe it to the people in Springfield to act.He indicated that Springfield was working through this.He added there was a police officer in Portland who is working on a statewide system.


VOTE: 4-0.








Sorenson reported the City of Eugene is starting a south hills natural area study.He said the study is to inventory the oak savannah and other habitat in the south hills.He went to the workshop to find out how much beyond the city boundaries the study was going to be.He didnít know if parks and open space would be a part of this.He added there was some land in this that is outside of city limits.He noted one of the biggest areas is Spencer Butte Park.


14. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (d) for the purpose of meeting with labor negotiators.






There being no further business Commissioner Dwyer recessed the meeting into Executive Session at 10:45 a.m.



Melissa Zimmer

Recording Secretary