October 31, 2007

9:00 a.m.

Commissioners' Conference Room

APPROVED 9/20/2009


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








Peter Chebarck, Eugene, wanted the County to use 5 percent of biodiesel of B-5 in two thirds of the fleet.  He said that would exclude the emergency vehicles and the seasonal vehicles for a test period of six months to ensure there wonít be any maintenance problems.  He thought it was a reasonable proposal and in line with the recommendations to the Board from Public Works from July.  He noted the purchase of B-5 from the current 40,000 gallons to 300,000 at two cents per gallon would be a cost of $5,000 to $6,000 and an annual cost for a six month period from $2,500 to $3,000.  He thought after six months the Board could reassess this and use B-20 for a higher percentage of biodiesel.


Jim Gillette, Eugene, said he would be willing to donate his property for the new fairgrounds.  He thought there might be problem with the infrastructure with the roads.  He said he was promised a hearing he never received.  He said he is now in compliance and his case is going to Court.  He said he has never been proven guilty.  He said he already won the first part of his case.  He wanted his matter resolved.  He commented that he is only guilty of not having any money.


Samantha Chirillo, Eugene, said she was the co-author of the revised biodiesel proposal.  She thanked the Board for taking the next step to replace diesel with biodiesel.  She indicated that switching the fleet from diesel to biodiesel does not require retrofitting.  


Sonny Chickering, ODOT, Springfield, spoke in support of Connect Oregon letters.  He said it was important for the applicants to have the letters of support, as they are critical to the success of the application and he has interest in bringing state money to Lane County.  He encouraged the Board to review the applications and to provide letters of support.


Zachary Vishinoff, Eugene, discussed public policy and the university.  He commented that getting the university to respond to neighborhoods in a reasonable fashion could go a long way.  He thought biodiesel subsidies could have consequences.




A. Approval of Minutes:  None.


B. Health and Human Services


1) ORDER 07-10-31-1/In the Matter of Awarding a Contract to Emergence in the Amount of $193,746 for Alcohol and Drug Addiction Treatment to Offenders.


2) ORDER 07-10-31-2/In the Matter of Establishing One Full Time (1.0 FTE) Administrative Assistant Position for Mental Health Services Effective November 1, 2007 and Appropriating an Additional $43,960 in Revenue and Expenditures for FY 2007-2008 in Fund 286 Department of Health & Human Services.


C. Management Services


1) ORDER 07-10-31-3/In the Matter of Authorizing a Lot Line Adjustment and Sale of a Portion of Surplus County Owned Real Property for $4,500 to Steven S. Reaves (Map No. 18-03-02-32 Tax Lots 700 and 701, Adjacent to 1495 Harbor Dr., Springfield).


D. Public Works


1. ORDER 07-10-31-4/In the Matter of Entering Into a Reciprocal Flexible Service Maintenance Agreement with Oregon Department of Transportation (ODOT) In the Not-To-Exceed Amount of $200,000 per year (revenue) and $200,00 per year (expense) for three years and authorizing the County Administrator to Execute the Agreement.


2. ORDER 07-10-31-5/In the Matter of Accepting Easements to be Used for Public road Purposes for Hayes Lane (County Road Number 839) (16-04-15).


3. ORDER 07-10-31-6/In the Matter of In the Matter of the Alteration of a Segment of Hall Road (County Road No. 423), (16-05-16).


4. ORDER 07-10-31-7/In the Matter of In the Matter of the Alteration of a Segment of McBeth Road (County Road No. 1015), (18-04-22).


5. ORDER 07-10-31-8/In the Matter of Awarding a Contract to Titan Sales Group, in the Amount of $141,811.00 with One (1) Trade-in, for the Purchase of One (1), New Regenerative Air Street Sweeper, Contract FY07/08 FS-03.


MOTION: to approve the Consent Calendar.




VOTE: 5-0.








Sorenson indicated that he was voting yes on Measure 50.  He thought it was wrong that 100,000 children are not covered by health insurance.  He supported the Healthy Kids Plan.


Dwyer commented that he didnít think amending the Constitution was that big a deal.  He said he did not support taxes, but given the money the tobacco industry is in putting into this measure, he will make an exception.








a. Announcements






a. ORAL PRESENTATION Lane County Planning Program Information to the Internet.


Ollie Snowden, Public Works, gave a presentation of the new program information on the internet.


There was consensus of the Board to go ahead with this program.


MOTION: to direct staff to go forward on its own regarding E-government customer service.


Green MOVED, Fleenor SECONDED.


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


b. ORDER 07-10-31-9/In the Matter of Endorsing Project Applications For Connect Oregon II.


Celia Barry, Public Works, explained that this is sponsored by the Oregon Department of Transportation.  She said the program is funded by bonds that are backed by lottery revenues.  She indicated that there is $100 million available.  She recalled the program came to the Board last year and this is the second year of the program.  She noted that ten percent of the $100 million needs to go under the Oregon Administrative Rules to each of ODOTís five regions.  She said that Lane County is in Region 2 and last year Lane County received $9.5 million from the program for the Pioneer Em-Ex project and the Eugene Airport project for air cargo facilities.  She explained that it is supposed to fund infrastructure to connect modes to modes.  She added that it cannot be used for funding any highway project unless there is another component that is air, rail, marine or transit.


Barry indicated the Board is being asked to be involved:  to provide letters of endorsement that applicants could include in their application packet due on November 21 for Connect Oregon funding.  She noted there are three projects that came to them in the non-metro area: a fire suppression system for the Creswell Hobby Airport; improvements to Maple Street in Old Town Florence through the Port of Siuslaw and a transit center in Veneta, with the applicant being Lane Transit District.  She added the metro area had a project and since the Board has representation on the Metropolitan Policy Committee, they didnít think it should come before the Board again with another letter of support.  She noted the Eugene project is the second phase for improvement to the Eugene Depot Railroad Station.  She explained that after this step she will be coming back to discuss ACTS and what they are doing in other areas.  She said the Board will be asked to prioritize projects for the area.  She indicated that staff will come back in March 2008 and  they will have information from four modal committees that will set priorities for each of the four modes that will be brought to the Board to be prioritized and then a list will be developed and funding will be awarded in June 2008.


MOTION: to approve ORDER 07-10-31-9.




Stewart asked if it would be beneficial for Lane County to have another letter specifically from the Board on the MPO project.


Chickering believed the MPO and the Board projects from outside the MPO will be combined and brought to the Board as a group.  He thought the letter would be appropriate.


Stewart wanted to add an additional letter in support of the project.


Green agreed and Dwyer SECONDED.


VOTE: 5-0.


c. ORAL REPORT BACK Emission Reductions Realized by Using Biodiesel in Lieu of Petroleum Based Ultra Low Sulfur  2 Diesel, Additional Cost to Operate County Fleet on B5 or B20, Cost to Clean a Fuel System Contaminated with Biodiesel, and the Use of Methane Gas to Power Landfill Equipment.


Phil Guyette, Public Works, recalled on August 29 he made a presentation to the Board about the Public Works Biodiesel Program.  He said there were questions that were asked and he responded to the questions. He was asked how much reduction in tail pipe omissions would be achieved if they were to move the fleet from ultra low sulfur diesel number 2 to biodiesel B-5 or B-20, the additional cost involved in running the County fleet on biodiesel and the cost to clean the contaminated fuel system.  He was also asked if the biodiesel gelled if they could operate the landfill equipment on the methane gas that is mined from the landfill at Short Mountain.


With regard to reductions in tail pipe emissions, Guyette explained that burning biodiesel will result in a reduction of five of six measured pollutants.  He said assuming Public Works replaced ultra low sulfur diesel with B-5 or B-20, they would purchase about 315,000 gallons of biodiesel annually.  He said with cost at current levels of usage, (assuming they were to replace the diesel at Short Mountain, Glenwood Central Receiving Station and Delta Shops) and based on current pricing, they are paying about two cent premium for B-5 and seven cent premium for B-20 and it would increase their costs $6,300 annually for B-5 and $22,000 annually for B-20. 


In response to the question about cleaning a contaminated fuel system, Guyette indicated they have a range of vehicles in the fleet and if the biodiesel did become rancid because of old age or if it gelled because of low ambient temperature, they would need to do fuel system maintenance.  He thought their expected cost would range between a low of $300 for a pick up truck to $1,200 for a heavy piece of construction equipment.


With regard to methane gas, Guyette recalled that they looked at buying trucks that could burn methane gas.  He talked with manufacturers and he knew for a number of years methane had been used to power diesel equipment with simple modifications.  He indicated that there are none on highway or movable applications where methane is being used.  He noted the County and EPUD entered into an agreement that gave EPUD the exclusive rights to the methane gas from the landfill and that agreement expires in 2016.  He said should a decision be made today to move toward a greener fleet with more of a reliance on biodiesel, they have transition plans to move 80 percent of their equipment to biodiesel within a one year period of time.


Fleenor wanted to hedge futures on petroleum.


Howard Schussler, Public Works, explained there are two issues with regard to hedging.  He said there is a fixed price contract where they contract to purchase fuel at a specific dollar amount over 18 months.  He said for them to have done it this year, this was not the time to enter into a contract for diesel where the dollar amount would be lower.  He added the requirement for the contract is for them to buy it in 42,000 barrel increments, and it would take a multi-agency approach.  He said there would have been no benefit for them to do that.  He said they would have to buy financial instruments to hedge and that is a finance issue. He indicated they would take fleet reserve dollars and invest them.  He said they would be taking a risk that they could loose money in the fleet fund.


Fleenor wanted the Board to form an advisory group to discuss this and bring ideas regarding risk management with financial vehicles available.


Wilson said they would need Kay Blackburn, Finance, and her office to work on this because there are severe restrictions on what they could invest in.


Dwyer and Green did not want a committee formed.


Sorenson recommended Finance and Audit review this item.


MOTION: to have staff submit a board order and include as much material as they  feel is appropriate and bring it back on the Consent Calendar at a future meeting.


Sorenson MOVED, Dwyer SECONDED.


Stewart supported moving toward B-5.


Guyette stated it was his recommendation that if they decide to move into higher concentrations of biodiesel, that they could move it countywide immediately but he said if they were going to B-20, that they limit it to the Delta complex.


Green requested Guyette come back to the Board after implementing B-5 with an evaluation so they can monitor to see if the decision to use biodiesel was prudent.


VOTE: 5-0.


d. REPORT/ODOT Highway 126W Projects Update.


Ollie Snowden, Public Works, reported that there are a number of things taking place on Highway 126.  He also indicated that the ACT issue is not going away.  He said in conversations with the cities, there seems to be interest in an ACT.  He thought they should talk about a strategy the Board would want to follow to put this to rest so it doesnít keep coming back.


Green commented that when Portland is not required to have an ACT, he didnít think Eugene should have an ACT.


Dwyer stated when they elect the OTC, then he would be for elected officials forming an ACT.  He didnít want to report to a group of appointed officials.


Chickering distributed a map (copy file) showing Highway 126 West from Eugene to Florence.  He discussed the projects in the 08/11 STIP.




a. ORDER 07-10-31-10/In the Matter of Changing the Name of Lane County Animal Regulation Authority to Lane County Animal Services, Creating The Lane County Animal Services Advisory Committee (LCASAC) And Directing Staff To Bring Forward Modifications To Lane Code And Lane Manual.


Rob Rockstroh, Health and Human Services, reported that this is a name change from Lane County Animal Regulation Authority to Lane County Animal Services.  He added this is also the creation of the advisory committee and the appointment of the advisory committee members.  He added they are directing staff to work with legal counsel to review the Lane Code and Lane Manual for changes.


Sorenson asked if there will be other members of the group besides the people the commissioners choose.  He asked about the process.


Rockstroh recalled the commissioners agreed on a committee of seven people.  He said the commissioners would appoint their own member and the Board gave those appointees the charge to appoint the other two.


Sorenson wanted to get a veterinarian on the committee and representatives of all perspectives within the animal community.


Wilson indicated that there was an issue on how long the terms were and if the Board wanted the terms staggered.  She recommended giving direction to staff that when they bring the board order back to add the two members from the committee, to have the full list with the terms stated.


Green asked if there was a requirement in Lane Manual about how many years they needed to serve.


Wilson responded that every advisory committee specifies the term. She added when they are creating a committee, it is the Boardís choice.


Karen Gaffney, Health and Human Services, indicated that when they have commissioner appointees to an advisory committee, instead of the other process, the Board could have the terms run concurrently with the commissioner appointments.


Green wanted to see options around the terms.  He didnít want to have long terms.


Rockstroh recommended that if the terms are three years, that they are staggered.


Sorenson suggested for the people on the advisory committee who are picked by the commissioners, the language should reflect that they are picked by the commissioner and served at the will of the commissioner that appointed them.  He thought the other two people would be on staggered terms.  He recommended a two year staggered term for the person whose last name begins with the letter lower than the person whose last name begins with a higher letter, and that person receives a four year term.  He noted they will have five members at will and that will change upon the membership of the Board of Commissioners. He added that  there will be a two year and four year cycle, determined by the first letter of the last name of the people selected.


Dwyer liked two and four year terms.


MOTION: to approve ORDER 07-10-31-10  with the changes stipulated.


Fleenor MOVED, Dwyer SECONDED.


Wilson asked if they wanted a two or four year term for the members.


Dwyer wanted a two year term.


Wilson confirmed the Board wanted two year terms  with the positions.


Stewart indicated his name was spelled wrong.


Sorenson recommended having the two year term commencing immediately, but ending two years from January.  He added for the four year term, it would be a little longer.


Wilson stated the change she would write for the board order would be appointees would by appointed by individual commissioners and serve at the will of the appointing commissioner.  She said it was the commissionersí choice with each of their candidates.  She said when a commissionerís term expires their member is  not on the committee.  She added only the two individuals appointed by the collective group will have specific terms.  She said she would make changes and have the chair sign the order.


Stewart recalled that he had a person respond from the Veterinarian Association.  He thought a professional in the field would be an asset.


VOTE: 5-0.




a. ORDER 07-10-31-11/In the Matter of Amending Chapter 3 of the Lane Manual to Revise the County Diversity Policy (LM 2.390).


Greta Utecht, Human Resources, reported that the legislature made changes to state law based on SB 2 and SB 822 that strengthened the rights of people based on their sexual orientation, gender, identity and veteranís status.  She indicated that this item is to bring the Countyís Diversity Policy into alignment with the new changes in state law.  She added there is a companion piece they drafted if the Board approves this board order. 


Utecht recalled the Board asked her to look into veteranís preference in hiring practices. She said because Lane County is a home rule county, they are not under the same dictates as the state agency and other counties that are not home rule counties.  She said they donít have to follow civil service procedures for hiring.  She added the veteranís preference in hiring statute refers to those public agencies that use civil service.  She indicated that this issue was taken to the Human Resources Advisory Group and their advice is to not stipulate a specific preference to veterans but instead to try to strengthen their diversity policy so they donít discriminate against veterans.  She stated that staff recommended the Board approve the order.


MOTION: to approve ORDER 07-10-31-11.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0. (Dwyer excused).




Stewart reported that Vorhes had drafted two letters:  one to the city of Florence and to the Citizens Against Annexation. He asked the Board if they had any corrections to let Vorhes know and as soon as everyone is in agreement, they will get it signed and sent out.






13. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Stewart recessed the meeting at 12:10 p.m.



Melissa Zimmer

Recording Secretary