May 19, 2010

following MWSD

Harris Hall Main Floor

APPROVED 3-15-2011


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




Fleenor stated they are adding to the Consent Calendar item 6. E.1)  and under Public Hearings, E, continued Public Hearing and Action ORDER 10-5-12-1 In the Matter of Adopting the Five Year Capital Improvement Program.  He said they are removing the Executive Session.  Handy pulled  6 C.1) and 6 D.2) from the Consent Calendar.  Sorenson asked for a separate vote on 6. D.3).   Stewart asked to pull item 6 D.5).             




Joe Pilling, Monroe, President of Precision Aggregate Products, said he gave the Board information on the rock material products the Board will be awarding today.  He was in receipt of a letter from Marc Kardell, County Counsel, recommending the Board not award him part of the rock materials contract.  He indicated this past year he was awarded the rock materials contract and Lane County never came into buy rock materials from him.  He stated that the County has to buy at least $100 worth of rock.   He stated that this needs to be a level playing field.  He believed if the County awarded him the contract that it would be saving Lane County money and cut down on environmental issues.  He said last year the County interfered with a contract his company had with the state and they lost about $200,000.


Dan Frommherz, Eugene, said this is the fourth time he has been in front of the Board with the resolution supporting the repeal of Donít ask, Donít tell for the United States Military.  He was directed by the Board to write a letter to the congressional delegation and Senate President and Speaker of the House. He added all the members of the Senate Armed Services Committee are coming up on a vote of  S306055 and HR 1283.  He had written three draft letters to Richardson and Richardson made changes.  He wants the Boardís approval.  He indicated the costs will be less than $100 to print the letter on County letterhead and the postage and staff time to get the letter in the mail as soon as possible..


Jennifer Wells, Dexter, Chair of Local Drug Alcohol Mental Health Advisory Committee,  said the committee asked her to come to speak to the Board.  She noted that Lane County is a leader in different areas.  She said her committee works with a strong subcommittee system and they accomplish quite a bit.  She discussed public safety.   Her committee asked the Board to make the decision that all law officers in all jurisdictions in Lane County receive a form of crisis intervention team training so when they encounter people in crisis they are better versed to deal with escalation.  She asked the Board to mandate that occur.  She thought it would enhance the law enforcement in the County and it would show leadership by Lane County.


Malcom Berens, Connecticut, stated he was investigating bringing jobs into this area. He stated that he represents a group of investors.  He commented that Lane County has not been conducive to working with a transparency type of attitude.  He asked if the Board wanted transparency or if things are done privately without an open bidding system for competitiveness.  He said they have reasons to believe that Land Management makes up stories as to why someone canít get a permit.  He noted other counties have cut out building departments and have saved on costs.  He thought this area could be conducive to open to new business.


Keith Stanton, Mapleton, stated there needs to be a condensed version  of the Comprehensive Annual Financial Report called the Popular Annual Financial Report for citizens.  He said it allows the average citizen and County worker to review and understand the economic condition of Lane County.  He said this report could be accomplished by adding a voluntary citizen committee.  He said it could be called the Financial Reports Committee because it is not an advisory committee but analysis and reporting of past expenditures. He prepared Bylaws.  He said he prepared a 15 minute power point  he will be presenting in June.  He asked Legal Counsel to review his draft Bylaws prior to his presentation.




Handy thought the crisis intervention team training would be wonderful.  He noted they are under a lot of mandates from the state.  He asked Wells to work with the Sheriff.  He recalled they added funds to public safety last year plus adding jail beds and Sheriff Deputies.  He thought there could be grant money for this.  He thought Berens should talk with Jack Roberts of Metro Partnership.


Stewart agreed that Berens should talk with Jack Roberts.  He was concerned about Berensí investigation and who he has been talking to.  He stated that this Board has done everything they can to be transparent.  He said they do the best they can to work within the system.


Sorenson congratulated Stewart on his re-election to his position.  He commented that it is a huge accomplishment to get elected to public office.


Fleenor commented that they canít make decisions without information.  He was concerned about the cost of Keith Stantonís proposal to the County with regard to staff time.  He agreed that officers should have training on how to deescalate situations, as it could save lives.




a. DISCUSSION AND POSSIBLE ACTION/ORDER 10-5-19-1/In the Matter of Ratifying the FY 10-11 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC).


Rob Bittler, city of Springfield, presented the Wastewater Management Commissionís budget for FY 2010/2011.  (Copy in file).


MOTION:  to approve ORDER 10-5-19-1


Stewart MOVED, Sorenson SECONDED.


Sorenson asked if they could get an e-mail on whether the rate increases the Eugene and Springfield ratepayers will be paying is tied to the Hynix issues.


Handy said they are going to ask MWMC for them to share in symbolic cuts in the next budget.


Bittler stated when they talk about administration, it is all of Springfield staff, not just administrators.  He added that the employees also have other jobs as part of their FTE.




Richardson said they could reschedule this item for when all five commissioners are present.  She asked for guidance.


Handy wanted to roll this decision until they know what the Budget Committee decides tomorrow.


Bittler stated there are conditions within the IGA should one of the governing bodies not adopt the budget.  He explained that the Lane County Commissioners would have to notify MWMC as to what their objection is to the budget.  He added there is a 45 day period in which MWMC needs to respond.  He noted there is a mediation reconsideration clause in the IGA.  He hoped they could resolve this to have a budget by July 1.  He noted the MWMC meets next on June 10.


Richardson recommended that Andy Clark, Assistant County Counsel, pull the IGA and give information to the Board.   She wanted to tentatively reschedule this for three weeks.


Sorenson said there is a relationship between the counties and the two cities that depend upon this. He wanted to know what the implication would be for the cities and rate payers in the cities of their decision to consider this next week.


MOTION: to move to reconsider.


Sorenson MOVED, Stewart SECONDED.


Stewart said if they need all five commissioners that he will not be available on June 8 or June 9.  He was supportive of this item.


VOTE:  4-0.


MOTION: to move to postpone this item until June 8.


Stewart MOVED, Sorenson SECONDED.


VOTE:  4-0.


Clark said he will get the Board information about the procedures under the IGA.  He indicated that he will find out from their legal counsel what the implications would be.


b. DISCUSSION/In the Matter of Setting the Date for Public Hearing on the Request to Dissolve the Lane County Metropolitan Wastewater Service District.


Clark said the reason they assumed the Board would want to set the hearing is that statute requires that the district board order and resolution issuing dissolution be on file with the County and with the County clerk for the purpose of having it available for viewing by the public.  He thought this Board should indicate when they want to have a hearing for approving the dissolution.


MOTION:  to direct staff to prepare the necessary documents for a Public Hearing on June 9 and possible discussion and deliberation on the matter.




VOTE:  4-0








A. Approval of Minutes:  None.


B. Health and Human Services


1) ORDER 10-5-19-2/In the Matter of Approving a New Court Fee Structure for the Family Mediation Program.


C. Management Services


1) ORDER 10-5-19-3/In the Matter of Filing a List of FY 10/11 Public Improvement Projects for Lane County with the Commissioner of the Bureau of Labor and Industries (BOLI).


D. Public Works


1) ORDER 10-5-19-4/In the Matter of Awarding Requirements Contracts to Various  Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and during Emergencies caused by Floods, Windstorms and other Disasters during the period of July 1, 2010 to June 30, 2011, Contract No. RM 10/11-01.


2) ORDER 10-5-19-5/In the Matter of Filing a List of FY 10/11 Public Improvement Projects for Lane County with the Commissioner of the Bureau of Labor and Industries (BOLI).


3) ORDER 10-5-19-6/In the Matter of Authorizing an Intergovermental Agreement with the City of Florence and Heceta Water District to Conduct a Groundwater Quality Study in the North Florence Dunal Aquifer and Authorizing the County Administrator to Execute the Agreement.


4) ORDER 10-5-19-7/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Materials Needs During the Period of 7/1/10 To 6/30/11, Prospective Contract No. 10/11-M&S-51.           


5) ORDER 10-5-19-8/In the Matter of Rejecting a Bid For a Requirement Contract to Establish Unit Prices for Rock Materials Needs During Fiscal Year 2010-2011, Prospective Contract No. 10/11-M&S-51. 


E. 1) ORDER 10-5-19-11 Appointing Michele Piastro to the SAVIT Committee


MOTION: to approve the balance of the Consent Calendar.


Handy MOVED, Stewart SECONDED.


VOTE: 4-0.




Handy wanted to know the options. He asked what happens if they donít do a project on the list.


David Suchart, Management Services, said he has been doing this for the past 15 years.  He indicated that they put down projects that have been discussed.  He said if they donít do a project then nothing happens.


MOTION: to approve ORDER 10-5-19-3 and ORDER 10-5-19-5.


Handy MOVED, Stewart SECONDED.


VOTE:  4-0.


6. D. 3)


Sorenson announced that at 3:53 p.m. yesterday the Board received an e-mail from Daniel Stotter, the lawyer for the people who live in or near the boundary between the city of Florence and the unincorporated area.  He noted in the letter Stotter stated that he would urge the Board not to approve the plan at this time as the public has not had any opportunity to provide input to any of the recently proposed revisions now being suggested by the city of Florence.  Sorenson added that there remains a number of unresolved issues as to the annexation policies in the context of the Comprehensive Plan amendment co-adoption. 


Fleenor indicated Stotterís second letter is about the 2020 plan for consideration this afternoon.  He said that Stotter had two e-mail chains.  He noted one has to do with the with Siuslaw Estuary study.


Sorenson wanted to roll item 6.D. 3) into the consideration of the Comp Plan so both can be discussed.


Fleenor indicated that they are independent issues.  He said Stotterís concern was that the County should be directing the city of Florence to do certain things with this study.  He asked what the Countyís authority is over the Siuslaw Estuary Study Project.


Dan Hurley, Public Works, explained there are two items:  The Siuslaw Estuary Parntnershipt is a grant funded program the city and several other partners are working on.  He added the other item is the 2020 Comp Plan.  He explained the Siuslaw Estuary Partnership comes from an EPA grant the city received.  He indicated there are numerous agencies working on the grant.  He noted it is a three year grant that covers environmental monitoring protection components around the Siuslaw Estuary.  He indicated there are five different project elements.  He added there are 12 agencies.  He noted one project element is water quality and quantity.  He noted a supplement of the project is a groundwater study.  He said the IGA was formed with the County because the study is of the entire North Dunal Aquifer.   He said the city needs help from the County to site monitoring wells around the entire aquifer to get a baseline study.  He recalled the last time it came to the Board the Heceta Water District wanted to be a partner.  He indicated they brought some changes to the city of Florence and they were accepting of all the changes.  He spoke with the Heceta Water District and they have signed the agreement and the city council has given authority for it to be signed.  He said Lane Countyís role is to help facilitate a study for technical advice and reimbursement for his time and assistance in siting those wells.  He added the water quantity and quality team of the grant is guiding the study of where the wells should be placed.  He indicated there are qualified people guiding the study and how it is to be laid out.


MOTION: to approve ORDER 10-5-19-6.


Handy MOVED, Stewart SECONDED.


VOTE: 4-0.


6. D.5)


Stewart recalled they heard from Mr. Pilling this morning.  Pilling is the owner of the rock pit this item addresses.  Stewart reocgnized that Pilling bought a rock quarry that has a special use permit and it has certain conditions.  Stewart said one condition is the times he can load and operate.  Stewart indicated it stated 8:00 a.m..  He added that was in direct conflict with their contract and the requirements to load at 6:30 a.m.  He indicated that Pilling at a previous meeting distributed information that showed different operating times for other quarries that were posted in conflict of the contract itself.  Pilling met with staff at Public Works about a conflict of time of the contract.  He was told Public Works researches the rock pits and those are the operations for the general public.  He said they donít have the requirements placed on the rock quarries of operation similar to Pilling and those companies have been able to service the contract with the requirements in it.  He added they have been served with an appeal if this is awarded by one of the competetors in the area.  He indicated it is clear with the special use permit that Pilling cannot meet the item of the contract.  He indicated at one point the Board might be asked to make a decision because Pilling has an application downstairs to apply for a different special use permit condition on his quarry.  Stewart said at that time  they will have to address the concerns.  He has researched this and the County is bound by the operating permit on the books today.  He said they donít have the ability to arbitrarily change it. He said they need to uphold what is on the books.


MOTION: to approve ORDER 10-5-19-8.


Stewart MOVED, Handy SECONDED.


VOTE: 4-0.




a. Announcements




b. DISCUSSION/Justice Courts.


Spartz explained that for the Justice Courts Lane County is split into three Justice of the Peace districts.   He said the Justices of the Peace are elected officials and they handle matters that are appropriate that come before the Court.  He said closely tied to the functioning of the Courts is the Sheriffís Traffic Team that writes citations into these courts and is supported by collections from those courts.  He said it is important to have the Sheriffís Traffic Team because Lane County is a leader for fatalities.  He thought a Rural Traffic Team only helps cut down on the number of serious crashes.  He indicated they have a resignation on July 1 of one of the Judges of the Justice Court.  He said it was an opportunity to look at the overall functioning of the Justice Courts and to see if the Board wants to redistrict to two districts.  He thought the Board should go to two districts, as it reduces costs in the Court.   He believed the two existing justices could handle the case load.  He said by reducing cost and salaries, they could provide more revenue to the Sheriffís Traffic Team.


Richardson said her current recommendation is for there to be two districts.


Spartz said they could try going with two districts and if the work load is too difficult, they could add a third.  He said if they have the governor reappoint the open seat and propose changes then they have the revenue problem again.


Cindy Cable, Florence, said she spoke with the Sheriff and District Attorney about the issue of redistricting.  Her biggest concern is the workload and whether there is any anticipation for starting to file criminal cases in the Justice Courts, or if there is any indication the Traffic Team would be increasing in volume.  She said if the work load were to go back to what it was five years ago, she thought it would be difficult for one judge to cover both Florence and Springfield.  She said the Sheriff indicated he didnít expect a large increase in a volume of cases being filed in Central Lane.  She anticipates that one person could cover both courts effectively.  She thought combining the two districts would make sense economically for Lane County.  She added an issue is the cost of travel back and forth.


Spartz stated that travel time is a concern for a judge from Florence travelling to Springfield.  He added that video conferencing is allowed in the system.


Gary Carl, Judge, said it takes him about 35 minutes to commute each way from Oakridge.  He said the Justice Court in Oakridge is not being used by the County and it has not been used for the past several years.  He noted that Lane County is the only county within the past ten years that has had an increase in deaths per thousand.  He said they have the worst record in the state.   He recalled in December 2006 he wrote a letter to Commissioner Stewart about the presence of the Lane County Traffic Team. He said the citations have not diminished but they have completely stopped.  He stated he was concerned about no citations being issued along Highway 58 to the Upper Willamette Justice Center.  He commented that if the Sheriffís Traffic Team is not going to write citations, there is no revenue to collect.  He indicated his job is to appear in court and to try cases, but if they are not writing citations, the only services they are providing is to the state because the state police do cite into his court and into the city of Oakridge.  He added that Lane County has a contract with the city of Oakridge to provide municipal services.  He said he is the Municipal Judge as well.  He thought it was important to have a judge live in the community where they serve.  He didnít believe he could be as effective as if he lived in Springfield.


Cable indicated that both Florence and Springfield serve a large civil court population, not just traffic or criminal.  She added that civil cases will never pay for themselves.  She said the fees they bring in on civil matters donít afford the court revenue and if the court were in place to bring in revenue, then traffic is the way to achieve it.  She said the court exists to adjudicate and provide service for the local constituency and the money is a different aspect.  She indicated that collections gets to be a problem after awhile and that has been an issue with Central Lane but not an issue in Oakridge and Florence.


Fleenor asked if they can bring this back on June 9 with formal proposals and a board order and not have the governor make an appointment in the meantime.


Richardson responded that she has confirmed with the governorís office that they will hold off.  She said their concern is by not adding another judge if it would increase the work load in circuit court.  She stated it wonít add to the work load.


Stewart said the Justice Courts play a role for determining truancy in the schools.  He  said there is a law enforcement presence in Oakridge. He commented that if they donít support a Justice Court in Oakridge they will lose the facility and more services that are unintended.  He hoped that once they implement the residence deputy that they could have someone  in the Oakridge that could help.  He said if the Traffic Team is not supported then there will be implications on the Justice Courts.   He asked what the Justice Courts could do to help in the collections.  He said they recognize the importance.  He wanted to see what the budget process unveils for Resident Deputies or the Traffic Team.  He thought a prudent thing would have the system they have today with three judges.


Cable explained that she has been serving in Springfield in the Central Lane Justice Court for a couple of months.  She said she does some hearings via video conference and she travels one day per week for hearings.  She stated there is a Pro Tem on staff that has been handling the arraignments.  She noted the number of citations is about one-fourth of what they were several years ago in Central Lane Justice Court when they had a full compliment on their Traffic Team.  She indicated that staff is handling the volume of cases well.  She reported that some of the older cases need to be disposed of. She commented that if they canít collect fines that are due within five years they wonít ever collect them.  She said in her court the collection rate is about 80 percent  because they collect quickly.


Handy asked about the options.


Spartz said the most expensive item is the facility in Oakridge.  He said they are putting $50,000 per year into the facility.  He added that it is also supporting the Municipal Court system.  He added they shouldnít be expanding that sum of money.


Handy asked if there have been any ideas by AFSCME.


Jim Steiner, AFSCME, stated he was supportive of their employees maintaining their current positions in the Central Lane Justice Court.  He indicated those people are doing more with less people.   He asked the Board not to cut any positions.


Lori Green, AFSCME, thought it would be helpful for the Board to hear input from the employees.  She said in their discussions with employees, they have ideas since they do the work.  She added a number of the workers have been in their positions for years and that would be valuable as the process moves forward in redistricting.


Handy asked for Spartzí recommendations.


Spartz stated his first recommendation would be for the Board to consider making two districts instead of three with the retirement of Judge Sinclair.  He said due to the Internal Auditorís collections with the private sector, Spartz is planning on hiring him when he retires to work with the Justice Courts to see what improvements can be made with the work flow. Spartz said he wants to work with the union and union employees on what work is value added.


Sorenson thought they should get a written recommendation from Judge Carl, Judge Cable, Sheriff Burger and AFSCME on their suggested approaches along with Spartz.


Judge Cable stated for the past few months the Springfield Justice Court has been up in the air and the people there are anxious.  She stated that delaying it too long is not beneficial for anyone.  She wanted the Board to make a decision quickly.


Handy hoped all of these groups get together to come up with a set of recommendations for them to consider.


Fleenor concurred with Handy.


Spartz said he will have a meeting with the union sending representation and then report back on June 8 or 9.




a. Announcements


Richardson reported there was an election yesterday and she thanked everyone at the Elections Division. She stated they had over 300 temporary employees and volunteers.  She said there were no glitches.  She reported that all three of the charter amendments passed.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 2-10/In the Matter of Amending Chapter 9 of Lane Code to Adopt City of Springfield Regulations Pertaining to Erosion Prevention for Application by the City of Springfield to the Urbanizable Lands Within the Springfield Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 9.945). (Second Reading and Public Hearing 06-09-10)


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 2-10 for June 9, 2010 at 1:30 p.m.


Stewart MOVED, Handy SECONDED.


VOTE: 4-0.


a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 3-10/In the Matter of Amending Chapter 5 of Lane Code to Adopt City of Springfield Regulations Pertaining to Illicit Discharge for Application by the City of Springfield to the Urbanizable Lands Within the Springfield Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 5.747). (Second Reading and Public Hearing 06/09/10).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 2-10 for June 9, 2010 at 1:30 p.m.


Stewart MOVED, Handy SECONDED.


VOTE:  4-0.


a. DISCUSSION AND POSSIBLE ACTION/ORDER 10-5-19-9/In the Matter of Making an Application to the Department of Land Conservation and Development Oregon Transfer of Development Rights Pilot Program.


Kent Howe, Land Management, reported that two weeks ago he was before the Board  to propose an application with 1000 Friends of Eugene and Lane County  as co-applicants to DLCD under HB2228, to have  a pilot program effort and develop a transfer of development rights program.  He recalled the Board asked for them to come back with further information.  He provided maps as to where the claims are.  (Copy in file).  He and Mia Nelson met with the Director of DLCD Richard Whitman and his staff and went over some of the issues in HB 2228 for things considered as obstacles.  He said the language in the bill states that participating owners of land in the sending area must grant conservation easements or otherwise obligate themselves to ensure that residential development of the forestland property does not occur once the development of rights are transferred.  He said in talking with DLCD staff, they found the proposal is workable, that the County could be the permitted authority for this area.  He added the County could track and require a restrictive covenant that would be an irrevocable restrictive covenant that  would achieve that objective without having to go through a conservation easement program.  He said there is language that is workable for Lane County.  He said the deadline may be extended but they were still asked to make an application.


Stewart was supportive of this activity.  He wanted to move forward.  He thought there was opportunity in the future to see some of their concerns addressed.  He thought this could lay the groundwork for the riparian changes in their code.


MOTION:  to approve ORDER 10-5-19-9.


Stewart MOVED, Handy SECONDED.


VOTE:  3-0 (Sorenson out of room).


13. EXECUTIVE SESSION as per ORS 192.660




There being no further business, Commissioner Fleenor recessed the meeting at 12:05 p.m.


Melissa Zimmer

Recording Secretary