April 11, 2001

9:00 a.m.

Harris Hall Main Floor


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




There will be an emergency business item.








a.  RESOLUTION 01-4-11-1/In the Matter of Supporting the Senate Bill 6 Task Force Recommendation.


Morrison explained they had been trying to identify funding for the District Attorney this legislative cycle and it is one of the six priorities of the AOC.  She noted that AOC had asked all counties to pass a resolution showing a unified force.


MOTION: to approve RESOLUTION 01-4-11-1.


Dwyer MOVED, Sorenson SECONDED.


Morrison read the resolution into the record.


 VOTE: 3-0 (Green not present).


4. EXECUTIVE SESSION as per ORS 192.660










a.  Announcements


Van Vactor reported that the budget process was starting and staff would be busy.




a.  FIFTH READING AND DELIBERATION AND SETTING SIXTH READING AND ACTION/Ordinance No. 5-00/In the Matter of Amending Chapter 10 of Lane Code to Adopt a Revised and Updated Version of the Eugene Land Use Regulations for Application to the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting Savings and Severability Clauses.


Celia Barry, Land Management, reported the Eugene City Council adopted the Land Use Code Update in February and had discussed Measure 7 implications with their legal counsel.  She requested moving the Fifth Reading and Deliberation and Setting a Sixth Reading and Action for May 30, 2001.


Jan Childs, City of Eugene, stated the Eugene City Council (in adopting the ordinance) set an effective date for the ordinance based on the effective date of a final court decision voiding Measure 7.  She said the council had also asked to come back in April with an update on the status of the court challenge to Ballot Measure 7.  She said that the mayor and city council had been receiving phone calls and letters from constituents who want to use provisions in the new code.  She noted one of the advantages of moving forward with the adoption by the council in February was that it started the 21-day clock for LUBA appeals.  She said they received two appeals of the land use code, from the Homebuilders Association and the Chamber of Commerce and they are in the process of compiling the record and moving forward with that part of the process.  She reported they would be going back to the city council on April 23, moving forward with the adoption of the new code prior to a final court decision on Measure 7, without increasing the exposure of Measure 7 claims.


MOTION: to approve a  Fifth Reading and Setting a Sixth Reading and Deliberation for May 30, 2001.


Dwyer MOVED, Sorenson SECONDED.


Morrison asked what would happen if by May 30, 2001, the answers to Ballot Measure 7 and the appeals to LUBA were not known.


Childs responded they would roll this to another date.


Van Vactor stated since the Eugene City Council didn’t put this into effect, the County could keep rolling it and when a decision is finally made on Ballot Measure 7, this could be scheduled for action.


Morrison and Dwyer agreed.


Teresa Bishow, City of Eugene, explained that since the City of Eugene considered this to be a legislative matter, they continue to hear from their constituents throughout the process.  She said one of the key reasons they acted on February 26 was to complete urgent requests to evaluate or reconsider issues.  She noted if the Board chose not to end this, some political concerns might be directed to the Board of Commissioners.  She noted the City of Eugene had made 104 motions out of nine two-hour work sessions.  She said on the final date that the City of Eugene met, they made motions based on their desire to effect change and reduce costs with administrating the code.


Green asked if Lane County was obligated to adopt this without knowing about Measure 7.


Childs responded there would be different options.  She suggested making some adjustments to the code the City of Eugene adopted for application in the urban transition area.


VOTE: 4-0.




A. Approval of Minutes:

December 5, 2000, Work Session/Public Hearing, 6:30 p.m.

March 14, 2000, Regular Meeting, 9:00 a.m.

March 14, 2000, Regular Meeting, 1:30 p.m.


B. Assessment and Taxation


1)  ORDER 01-4-11-2/In the Matter of Approving Submission of Assessment & Taxation Grant Budget to the Oregon Department of Revenue.


2)  ORDER 01-4-11-3/In the Matter of A Refund to Jack V. Bruni and David E. Carmichael, Attorney in the Amount of $21,120.57.


3)  ORDER 01-4-11-4/In the Matter of A Refund to Babb Properties LTD in the Amount of $14,272.93.


4)  ORDER 01-4-11-5/In the Matter of A Refund to Zacorn LLC and David E. Carmichael, Attorney in the Amount of $23,239.83.


MOTION: to approve the Consent Calendar.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 3-0 (Green not present.)




a. ORDER 01-4-11-6/In the Matter of Delegating Authority to the County Administrator to Authorize Expenditure of Funds for a Capital Improvement Project to Replace the Existing Heating, Ventilation, and Air Conditioning (HVAC) Control System at the Lane County Adult Corrections Facility and to Sign a Contract for Same.


Jan Clements, Sheriff, reported this had been on the facilities plan for 18 months and had been included in the intake bond measure last November.  He noted the system had failed with the prospect of losing certain portions of the system.  He said they tried to get it repaired but Honeywell indicated they could no longer get the unit operational to monitor the HVAC system or repair the interface.


Clements noted they went to manual operation, but it was inefficient and requires overtime to turn on.  He added utilities would be increasing and they are considering a backup if they should lose portions of the building.


Clements explained this order would grant the County Administrator authority to execute a contract.  He noted the Sheriff’s Office budget projections indicated they didn’t have much lapse funding.  He added it would be up to the County Administrator to determine if the money existed.  He said they need to address this problem.  He noted there was no guarantee that they would go forward, this was for granting the County Administrator the authority to go forward if lapse money or other sources of revenue were found.


Dwyer said if they could find the money out of their lapse, he had no problem in giving the county administrator the authority to sign, but he cautioned about making sure the money was there.


Green asked Van Vactor for his recommendation.


Van Vactor recommended the Board approve the order to see how the lapse money turns out.  He thought the Sheriff would be able to achieve the lapse funds.  He added it is critical that it get repaired.


Green was supportive, but was concerned about where funding was coming from.


Clements noted they made some proposals for Title III monies.


Van Vactor was concerned about available funds (as described by the sheriff) because they discussed reimbursement for an unestablished process.  He didn’t want to commit until they know for sure the County would be reimbursed.


Wilson said if they had to do an appropriation out of reserves, it would come back to the board.  She said Van Vactor would see what the contract amount would be and the language was adequate to keep the process moving to give the Sheriff the direction he needs.


Wilson explained it was possible to remove the language supplemented by general fund reserve dollars if necessary and that would put the Sheriff’s Office in the position that if they could not fund it out of their budget, they come back to the Board.


Clements didn’t want it to be that restrictive.


Dwyer said he would support the county administrator signing the contract if the money would be available.  He said if they couldn’t find the money, that would be another discussion.


Green wanted the HVAC system repaired.


Dwyer said the board order authorizes this, but they couldn’t execute the contract until they have the money.


Green was concerned about the limitations on reserve fund dollars.  He asked that Van Vactor keep the board informed.


MOTION: approval of ORDER 01-4-11-6.




VOTE: 4-0.




Sorenson announced there would be an Earth Day Celebration, April 21 and he would be participating.  He attended a meeting regarding redistricting and the testimony from people of Deadwood indicated they wanted to be kept in one representative district.


Dwyer reported he met with the Gateway Owners for Positive Change and the Patrician Park residents, discussing alternatives they had planned for the highway interchange and the adjustments to the interchange.  His concern was keeping federal monies focused on the project.  He said the extension of the Beltline to International Way would take out one home, but the fix that ODOT has for the Gateway area would take out several businesses.  He noted the city planners had a meeting with all of the residents on Pioneer Parkway and they chose Option 3, the least costly and impactful.


Green said he would be going to Salem on Friday, to discuss the Children’s Plan because it is in serious trouble in the legislature.  He added that the AOC was not fully endorsing it.


Morrison reported that most of the Board could be available on September 17 for the Fall District 5 meeting.  She reminded Board members of a joint project with the Cascade Middle School students in tearing out sheetrock next week.  She announced the Volunteer Celebration on April 27, 2001 at 4:00 p.m. at the University of Oregon.  She also reminded the Board of the Rhododendron Festival on May 19, 2001.  She discussed  Breaking the Cycle and other topics from the United Front.


Morrison asked the Board to consider becoming a member of the Forest Counties and Schools Coalition.  She noted AOC is a member and there are individual counties, but Lane County was not visible.  She noted Lane County received more timber dollars than anyone in the country.


Dwyer asked if membership was free.


Morrison responded it was not.  She suggested returning this under Commissioners Business to discuss costs.  She encouraged the Board to join the team.




ORDER 01-4-11-8/In the Matter of Providing Moorage Exemption for the period of April 11, 2001 until September 1, 2001 and Further Providing for Amendment to the Richardson Concession Agreement for the Period of April 11, 2001 to September 1, 2002.


Dwyer reported this was due to water levels which the Board has no control over.


VOTE: 3-0. (Green was not present).


There being no further business, Commissioner Morrison recessed the meeting at 11:00 a.m.


Melissa Zimmer

Recording Secretary