January 6, 2010

9:00 a.m.

Harris Hall Main Floor

APPROVED 1/27/2010


Commissioner Bill Fleenor presided with Commissioners Bill Dwyer, Rob Handy, Pete Sorenson and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




There will be an Emergency Business. item.  Fleenor pulled item 5. I. 2) for discussion.


Handy added the Dorena Dam issue under Commissioners Business.


Dwyer will be leaving at 10:30 a.m. to attend Springfield’s State of the City.


Sorenson pulled item 5 E. 4) off the Consent Calendar.




Bill Shreve, Springfield, stated he represents The Eugene Weekly.  He read the agenda notes and recommendations.  He commented there are ambiguities in the circulation numbers for all papers.  He said there are no hard circulation numbers in the agenda.  He wanted to come back in 60 days to present accurate information.


Bob Richards, Eugene, Director, Buckley Center, indicated the Buckley Center is in the only public medical detox and sobering facility in Lane County.  He commented that Buckley Center is the model detox facility in the state of Oregon.  He said they have struggled to continue to offer service in spite of continued funding cuts. He recalled city funding will expire in June 2010 and they will need to find funding for the revenue loss.  He brought this to the Board’s attention early so it will get on the radar screen.  He said they need financial support from all of their funding streams until they can find permanent funding.


Chuck Spies, Lowell, City Administrator of Lowell, noted that item 7 b. is a request from the city of Lowell for a letter of support from the Board of Commissioners to try to acquire the old Forest Service complex in Lowell that has been vacant.  He said they want control over reuse for redevelopment.  He indicated that they have had discussions with Wyden and DeFazio’s office and they are willing to put language in the upcoming reauthorization bill.  He added they are asking for a letter of support for that process.  He reported that the St. Vincent de Paul project is moving forward.




Sorenson noted with regard to social services, that over the past 13 months the Board has invited ideas from the public on any specific funding package to promote social service funding and public safety funding issues.  He indicated that the Extension Service has come together to put a levy on the ballot.


Fleenor commented that based on good science and best practices, treatment and prevention are the most efficient ways to prevent crime.  He added that after the fact is the most expensive way to deal with the problem.


Dwyer recalled they ran the jail and public safety on serial levies for a long time and it worked.  He said they were performance based.  He noted the mantra at the legislature is education first.  He said if they have a serial levy for the Sheriff, there has to be the understanding that what is currently allocated to the Sheriff is going to be spent on social service and other needs.  He said they will not pit public safety against social services.  He added they could have public safety and social services but they still won’t have enough money available.  He commented that the public service levy will not be a backfill even with the money that is available.




ORDER 10-1-6-18 Confirming the Public Works Director' Posting of the McKenzie River Covered Bridge on Goodpasture Road (Bridge 39C119). 


Bill Morgan, Public Works, reported that pursuant to Lane Code Section 15.215, the Public Director imposed a temporary weight restriction.  He noted under a contract with ODOT and OBEC, they re-evaluated the bridge and with this bridge there was sagging and distress.  He said they brought in a resistograph that measured decay in some of the structural members. He indicated that it showed the lower two of six structural members of the bridge are beyond repair.  He said for the traffic to go over the bridge, the engineers analyzed it and determine it can only handle loads up to 15 tons.  He indicated the bridge is approaching where it can only handle its own weight and not weight from traffic.  He discussed this with the state and OBEC engineers before Christmas.  He reported they started to contact emergency medical providers and the bus system.  He wanted to find out what type of traffic loads could pass over the bridge.  He stated the McKenzie School District has three older buses that fall under the 15 ton weight limit.  With regard to fully loaded log trucks, he noted the weight is 80,000 pounds and they cannot cross over the bridge.  He said they talked to the McKenzie Fire District and in discussing this with engineers; there is always the understanding that if there ever is a fire situation, a one time load could cross the bridge.


Morgan indicated that he worked with road maintenance staff because they were worried about winter maintenance activity.  He said they will be using a spray on the stretch of road and they will adopt their plowing techniques with a smaller truck in order to meet the plowing. 


Morgan said they contacted logging companies to alert them and they started working with local property owners who are farmers to get information on their needs.  He noted there is only one way in and one way out and that is what makes this bridge a good candidate for funding at the state level.  He said the bridge is ranked number 4, and staff is working with ODOT to get this bridge scoped to see what the costs would be.  He noted with the diagnosis on the bridge, it is unlikely the repairs could be done to bring the load posting up.  He thought it could be a two to three year process if they use ODOT money.  He said he could come back in a work session in about three months to discuss funding and any repairs that could be done and to see how they are doing with the neighboring community on how the County could meet their needs.


Dwyer thought the bridge needed to be taller.


Stewart wanted to put a structure underneath the bridge that lasts longer that leaves the covered bridge in tact.  He asked if they could get federal money to apply toward this.  He thought they could accomplish everything that meets the people’s needs.


Morgan responded that they have already received $200,000 for the roof.  He added with funding streams, Lane County will have to match 10.27 percent, but they have line items in the CIP set aside as match money or small repairs for the covered bridge.  He indicated they have a $300,000 allotment for this.


Sorenson thought there would be countywide concern about this.  He thought they needed to talk to their legislators to help with a grant.


MOTION: to approve ORDER 10-1-6-18.


Stewart MOVED, Dwyer SECONDED.


VOTE: 5-0.




A. Approval of Minutes:

November 28, 2007, Regular Meeting, following HACSA

December 4, 2007, Work Session, 9:00 a.m.

December 12, 2007, Regular Meeting, following HACSA

April 30, 2008, Regular Meeting, 9:00 a.m.

April 20, 2008, Regular Meeting, 1:30 p.m.

June 3, 2009, Regular Meeting, following HACSA

June 3, 2009, Regular Meeting, 1:30 p.m.

December 1, 2009, Regular Meeting, 9:00 a.m.


B. Children and Families


1) ORDER 10-1-6-1/In the Matter of Approving the Submittal and, If Awarded, Acceptance of a Grant to United Way of Lane County in the Amount of Up to $100,000 Per Year Over Two and a Half Years for Basic Needs Services; and Delegating Authority to the County Administrator to Sign Grant Documents and to Allocate Funds Up to $100,000.


C. County Administration


1) ORDER 10-1-6-2/In the Matter of Transferring $300 from General Fund Operational contingency to Materials and Services Within General Expense to Support the 2010 Martin Luther King, Jr. Celebration.


D. Board of Commissioners


1) ORDER 10-1-6-3/In the Matter of Appointing One Member to the Lane County Fair Board.


E. County Counsel


1) ORDER 10-1-6-4/In the Matter of Reappointing Justices Pro Tempore for the Florence Justice Court Through January 7, 2011.


2) ORDER 10-1-6-5/In the Matter of Reappointing Justices Pro Tempore for the Oakridge Justice Court Through January 7, 2011.


3) ORDER 10-1-6-6/In the Matter of Reappointing Justices Pro Tempore for the Central Lane Justice Court Through January 7, 2011.


4) ORDER 10-1-6-7/In the Matter of Selecting Newspapers to Publish Monthly Notice of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.


F. Health and Human Services


1) ORDER 10-1-6-8/In the Matter of Appointing Two Members and Re-Appointing Two Members to the Public Health Advisory Committee.


G. Human Resources


1) ORDER 10-1-6-9/In the Matter of Reviewing and Adjusting the Salary of the County Counsel.


H. Management Services


1) ORDER 10-1-6-10/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Ronald Mann, Kim Larsen and Gregory Hicks for $800 (Map #19-12-14-10-00300, Adjacent to 84463 Green Gate Road., Dunes City).


2) ORDER 10-1-6-11/In the Matter of Authorizing the County Administrator to Execute a One Year Lease Extension With an Expense of $106,294.52 for the Riverstone Health Clinic Located at 1640 G Street, Springfield.


I. Public Works


1) ORDER10-1-6-12/In the Matter of Appointing Sean Barrett to the Roads Advisory Committee for the At-Large Position.


2) ORDER 10-1-6-13/In the Matter of Appointing One Member to The Lane County Planning Commission.


MOTION: approve the balance of the Consent Calendar.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


5. E. 4)


MOTION: to approve ORDER 10-1-6-7 with the extension of 60 days.


Dwyer MOVED, Sorenson SECONDED.


Richardson reported there was information in the packet from November.  She said she could send another letter to the newspapers  to see if anything has changed.


Stewart thought they could possibly publish in both The Register Guard and The Eugene Weekly.  He said reaching the people is their intent.  He wanted to know if there would be an added cost.


Richardson wasn’t sure they would be hitting different people by publishing in both newspapers. 


Dwyer wasn’t in favor of spending more money to publish in two newspapers.


Fleenor requested that this matter come back on March 17, with a February 24 work session on the circulation figures.


VOTE: 5-0.




Dorena Dam Issue


Spartz recalled that they were approached by Dr. Steele concerning proposed hydroelectric modifications to Dorena Dam.  Spartz said Steele’s concerns were with the viability of fish as they pass thru the hydroelectric project features.  Spartz said Steele wanted the Board to express that concern on the matter.  Spartz indicated that Alex Cuyler, Intergovernmental Relations Manager, said he wasn’t sure whether Lane County had official standing or any comments they would have any meaning.


Stewart noted Steele’s issues were fish access and the mercury content.  Stewart stated that he had done a lot of research on this.  He testified at the hearings that took place in Cottage Grove when they first started the project, talking in favor of a fish ladder and the requirements in the law.  He said the issue was addressed and U.S. Fish and Wildlife determined that they didn’t need to impose a fish ladder on this.  He added that they are aware this issue has been dealt with and it is documented in the record.  He noted there is one opportunity for the County to comment on the issuance of the DEQ permit for operations of the generator itself.  He said the issuance is for operation permits. He discussed the mercury issue with the City Manager of Cottage Grove.  Stewart asked if they took samples for mercury because Cottage Grove  pulls water from below the Dorena Dam for the city of Cottage Grove. Stewart said the Mayor had done testing and found zero  traces of mercury.  He added that they tested the inflow 12 years ago and it was determined that they didn’t have to test for mercury, but they test on a yearly basis for outflow from the treated water and they had zero results.  He also discussed with the DEQ the concerns of Steele and they are trying to address his concerns but they are finding it difficult to follow his path on how he has concluded there is a mercury problem with his sample.  Stewart indicated that the DEQ is willing to come to the Board and explain the issues.  He recommended the Board having the DEQ come for a work session.  He was concerned they are taking one side and not listening to the whole story.


Dwyer stated there is a state law that says fish screens are needed.  He thought they should insist on a fish ladder.  He commented that the lack of a fish ladder throughout the system has degraded the natural stocks of the fish.


Handy asked if there was a deadline to a comment period.


Cuyler said he examined the document that Steele dropped off.  He commented that given the formatting and the length, it would exceed the 15 minute rule.  He didn’t do any further work.  He recalled that he has done some research and it looked like the public comment periods in advance of this project had been completed.  He thought there might be one related to the construction permit. 


Sorenson wanted to see the Board spend time on this issue.  He thought they should invite Fish and Wildlife, NMFS, Cottage Grove and Steele in to make presentations.  He didn’t think they should spend staff time because those people could come in to tell the story.


Stewart thought they should also bring in the DEQ.  He said they have assured him that they would give the Board notice of the comment period.


Fleenor recommended the Board provide direction to the County Administrator and County Counsel to utilize not more than 45 minutes of staff time to research the question on whether there is a comment period and if the County has standing.  He thought this could come back next week for a briefing on the essential elements of this case and process.




a. Announcements




b. REPORT/Federal Delegation Communications.


i. Success/Failure of 2009 United Front

ii. Draft Project List for 2010 United Front


Cuyler explained that Lane County is involved in four projects to bring forward to the United Front effort for 2010.  He said their efforts through United Front have been successful over the past 25 years.  He recalled last year they were successful in two congressional directed items that will benefit public safety.  He said they received $650,000 they will divide with the city of Eugene for public safety technology improvements and they received $500,000 they will use for offender treatment programs within the jail.  He added the other request for funding they were not successful with but those will remain on the list for 2010 for the bio energy facility and the Lane Healthy Babies Healthy Community Initiative.  He said under Transportation and Community Development, the Highway 126 Corridor study was brought back last year as part of the transportation reauthorization.  He indicated that is a separate funding bill for transportation reauthorization.  He added that this request is part of the annual appropriations. 


Cuyler indicated a new project for Lane County will be the teen court expansion where they are partnering with the city of Eugene and attempting to partner with the city of Springfield.  He said they also have further equipment and technology improvements for the Sheriff’s Office.


Sorenson wanted to add Goodpasture Bridge on the list.  He also thought the reauthorization of Federal Forest funds is important as it is the most important issue facing Lane County.  He commented that for Lane County it is so important that putting other things on the list diminishes the partnership idea.


Cuyler recalled that the request for Secure Rural Schools funding is the first thing in their book for 2010.  He wants to come to the Board in the future with a Secure Rural Schools reauthorization.  He didn’t know if the appropriation vehicle was the best way for them to succeed in the effort.


Stewart indicated that in the past five years he has gone to the United Front and Secure Rural Schools funding was the first thing discussed and it has been discussed a great deal.  He recalled in the past they have taken more specific efforts in the reauthorization.  He said they hired a different firm.  He noted this year they are working with the reauthorization with the Association of Oregon Counties and the Association of O & Counties.    He noted there are projects in their districts that are important.  He said with the current model it is difficult to get them into the book. He thought they should possibly have a second effort.  He thought it was difficult to throw in projects that compete with other projects.  He wanted to come back on how they might structure this differently to meet their needs.


Handy thought it was important to add regular reports back from Cuyler on the agenda.


Spartz commented that the reason they do United Front the way they do it was more of a convenience to the congressional delegation, not their own.


Fleenor thought they should start doing something different outside of the United Front where Lane County could put together a Secure Rural Schools strike force committed to the next year of extensive lobbying efforts with multiple trips to Washington, D.C.  He didn’t think United Front gives them the opportunity.


Cuyler said the Board has done that with the Association of O & C Counties on lobbying and the decision to support their nationwide effort.  He added the money they provide to Association of Oregon Counties aids their efforts.  He thought they needed to be mindful that they won’t be successful if they proceed in a unilateral matter.  He said it will take a large collaboration.  Cuyler indicated that he will come back to the Board in the future with a packet on how he thinks the nationwide effort will work and how Lane County can appropriately dovetail.


Fleenor thought they should draft a letter to Senator Merkley, Wyden and Congressman DeFazio asking them what they think Lane County’s odds are for getting Secure Rural Schools renewed. 


MOTION: to have Cuyler draft a letter and back it back to the Board next week.


Sorenson MOVED, Handy SECONDED.


VOTE: 3-0 (Handy out of room).


United Front Project


MOTION: to move approval of the United Front Project List for 2010.


Stewart MOVED, Sorenson SECONDED.


VOTE; 4-0.


iii. Correspondence to the Delegation Regarding Funding for Community Health Centers


Cuyler reported this is a draft letter to the federal delegation about the Community Health Centers in Lane County.


Fleenor recommended the first paragraph be put in bold and in the fourth paragraph reminding them there are two upcoming votes.


MOTION: to approve sending a letter as amended.


Stewart MOVED, Dwyer SECONDED.


VOTE: 5-0.


iv. Correspondence to the Delegation Regarding the Disposition of Federal Land and Facilities in Lowell


Cuyler indicated that this is a letter to Congressman DeFazio requesting support for the city of Lowell to obtain federal land in Lowell.


MOTION: to approve sending the letter.


Stewart MOVED, Dwyer SECONDED.


VOTE: 5-0.


State Legislation Update


Cuyler distributed a draft letter (copy in file) regarding the Oregon legislation.  He indicated that next week there are legislative hearings in Salem and he said there will be a hearing next week with language of a sunset with a tax exemption for low income housing projects, whereby local governments must deem a project complete by January 1, 2010 in order for the project to receive a tax exemption.


Stewart wanted to list the exact projects.


MOTION: to approve sending the letter with the specific projects.


Handy MOVED, Stewart SECONDED.


VOTE: 4-0.


c. ORDER 10-1-6-14/In the Matter of Awarding a Contract to Aquastore N.W. Inc. for $318,660; in Response to a Bid for the Construction and Installation of a Water Storage Tank for the Row River Valley Water District, Using CDBG Funds and Match Funds.


Mike McKenzie-Bahr, Economic Development, explained that this is the next step in the Row River Water District construction process.  He said the engineering company they hired is preparing two bid documents and this is the first of the bid documents for the installation of a water storage tank.


MOTION: to approve ORDER 10-1-6-14.


Stewart MOVED, Handy SECONDED.


VOTE: 4-0.



There being no further business, Commissioner Fleenor recessed the meeting at 11:45 a.m.


Melissa Zimmer

Recording Secretary