February 27, 2001

1:30 p.m.

Harris Hall Main Floor



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








Richard Levin,  P.O. Box 51013, Eugene, stated he was ordered to go to Lane County Mental Health for an examination on violence.  He said a petition was filed against him for a restraining order.  He took a Status 2 examination and found the examination was incorrectly misgraded.  He requested that Kitty Leonard (his counselor) regrade his test and she denied it. He said there was a letter to the court that was retaliatory against him for finding the error on his exam. He added that Lane County Mental Health had treated him with a tremendous amount of bias.  He said the system needed to be monitored and the tests verified.


Dwyer said it made sense to bring this to the Mental Health Advisory Committee.


Sorenson asked to get the material from Levin and send it to the Mental Health Advisory Committee.


Van Vactor recommended following the grievance track to protect confidentiality.


Jim Hale, 1715 Linnea, Eugene, reported that last week the Eugene City Council voted unanimously to move toward eliminating the concept of urban reserve in the metropolitan general plan.  He said the planning commission recommended moving forward.  He said he had always supported land use planning because it was a way to minimize public cost.  He suggested not eliminating the Santa Clara urban reserve area.  He said the City Council was wrong to disregard the decisions that were made when the metropolitan plan was written.


3. EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.




a. ORDER 01-2-27-1/In the Matter of Appointing Two Members to the Lane County Planning Commission.


Morrison noted there were two resignations, Delbert Phelps from Florence and Pauline Rughani from Eugene.  She said one of the appointments needed to be a coastal appointment west of Mapleton, and they only received one application.  She and Green proposed appointing Jacque Betz.  She noted the other candidate was Vincent Martorello with Satre & Associates.  She added they interviewed four other applicants.


Sorenson asked if Satre & Associates would be a conflict of interest, since it was a land consulting firm.


Morrison responded they consult on a variety of issues and land use is one of them.  She said in consulting with staff, she concluded the committee would not be out of balance, so it was equal on representation and diversity. She noted if a conflict arose, Martorello would declare and not participate.


Dwyer thought it was a bad idea to put someone on who may have a conflict.  He said the commission becomes out of balance by moving in this direction and not giving everyone an opportunity to be heard.  He said he would vote no on this. He said they would be moving toward problems when they allow an active land use consultant employed by someone in that business to make decisions regarding land use. He asked to see a legal opinion as to potential conflicts.


Sorenson said he would approve Ms. Betz but would not approve Vincent Martrorello.


MOTION: to approve ORDER 01-2-27-1 with the appointment of Jacque Betz.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 4-0.


With regard to the other vacancy, Morrison suggested they advertise and start the process again.


Dwyer said that County Counsel needed to review this with regard to conflicts and why this person would be able to serve.


Weeldreyer did not object to reopening the position, but declared it was important that if they were looking for someone from a geographic area, they advertise that.


Kent Howe, Land Management, said as it pertains to the applicants who applied, the Lane Manual requirements stated that no more than two voting members of the planning commission shall be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying selling or developing of real estate for profit.  He said they reviewed the applicants and the existing planning commission members and they found the provisions of the Lane Manual would be met by the recommendation of the subcommittee of the board.  He noted it was a board decision to determine balance.  He added it met the Lane Manual requirement.


Morrison suggested interviewing the applicants they had not interviewed.


Dwyer agreed that would be a good start.


b. ORDER 01-2-27-2/In the Matter of Authorizing the Purchase of Real Property Located at 92228 Murdoch Street, Marcola From the Department of Housing and Urban Development to be Used for Providing Affordable Housing and Delegating Authority to the County Administrator or His Designee to Execute a Sales Contract and Other Required Documents.


Jeff Turk, Real Property Manager, reported that HUD makes houses available to local governments for a dollar.  He noted the program allows local governments to partner with non-profit corporations.  He added there was a limited window of opportunity, to February 21.  He spoke with the contractors for HUD that sell the properties and aprised them of getting board approval in time.  He said the County Administrator signed the sales contract with the condition that it was subject to final approval by the Board of Commissioners.  He asked the board if they wanted to purchase the property and transfer it to St. Vincent de Paul.


Dwyer said it was an opportunity for someone to actually own a piece of property.  He said whatever they could do as a government to enhance the ownership needed to be done.


MOTION: to approve ORDER 01-2-27-2.


Dwyer MOVED, Weeldreyer SECONDED.


Dwyer stated Lane County could embark on a program whereby if there were opportunities to pay a certain amount of money above the rent that could go toward their down payment.  He wanted that type of program.


Weeldreyer suggested that could go to policy and procedures or the housing policy.


Dwyer agreed the Housing Policy Board would be the appropriate group.


VOTE:  4-0.


c. UPDATE/Facilities Capital Improvement Projects (No Material).


David Suchart, Management Services, reported they are continuing work on the Juvenile Justice Center, replacing the defective dampers (174 motors replaced).  He said the Developmental Disabilities remodel will be complete in a few days.  He noted they were finishing the specifications with the mental health facility.  He said they were fixing the crack between the Public Service Building and the courthouse. 


Suchart noted the most important thing was to get the mental health facility up and running.




A. Approval of Minutes:

January 17, 2001, Public Hearing, 6:00 p.m.


C. Assessment and Taxation


1) ORDER 01-2-27-4/In the Matter of a Refund to Michael and Peter Lafferty and David E. Carmichael, Attorney in the Amount of $21,257.43.


D. Public Works


1) ORDER 01-2-27-5/In the Matter of Transferring Real Property Rights Acquired for Construction of the Coburg Road Project to the City of Coburg.


2) ORDER 01-2-27-6/In the Matter of Accepting a Deed of Land to Be Used as a Public Road Easement for Coburg Bottom Loop (County Road No. 994) (16-03-30).


Dwyer requested that B. 1) be pulled.


MOTION: to approve the balance of the Consent Calendar.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-0.


B. County Administration


1) ORDER 01-2-27-3/In the Matter of Community Correction Plan Modification to Allow Risk Assessment Project (RAP) Staff Access to Department of Corrections Data. (LCOG)


Dwyer asked what the board order did.  He also wanted know where the restriction was with information.


Morrison replied this was to modify what was already happening.  She added it was giving access to the Department of Corrections information.  She noted the federal grant that was applied for stated it was to connect all three communications as a way of accessing information.  She understood there were no confidentiality issues that would have an impact on this.


Weeldreyer noted it was important that there was a connection between the district attorney, the courts and the sheriff so that no one could fall between the cracks.


MOTION:  to approve ORDER 01-2-27-3.


Sorenson MOVED, Weeldreyer SECONDED.


VOTE: 4-0.




a. ORDER 01-2-27-7/In the Matter of Appropriating an Additional $67,839 in Revenue and Expenditures in Fund 286 Allocated Through Revised Grant Award 055 to the 1999-2001 County Financial Assistance Grant Award 20-001 with the Oregon Mental Health and Developmental Disabilities Services Division in the Amount of $171,483 for Individuals with Developmental Disabilities; and Adding a .5 FTE Administrative Analyst Position in the Department of Health and Human Services.


MOTION: to approve ORDER 01-2-27-7.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.




a. ORDER 01-2-27-8/In the Matter of Accepting a State Domestic Preparedness Equipment Program Grant for $104,785 and Delegating Authority to the County Administrator to Execute the Grant Documents.


Bret Freeman, Sheriff’s Office, reported that on September 12 they came to the Board requesting the approval of a grant application through the Oregon State Police and the Department of Justice in the amount of $384,000 for portable radios and upgrading equipment.  He said they received notice through the Oregon State Police that they had been awarded a portion in the amount of $104,785 and the request today was for the County Administrator to process the information.  He added there was no requirement from the grant to have matching funds.


MOTION: to approve ORDER 01-2-27-8.


Weeldreyer MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. FIFTH READING AND PUBLIC HEARING/Ordinance PA 1148/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agricultural" to "Rural", Rezone That Land from "E-25/Exclusive Farm Use" to "RR-5/Rural Residential", Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 98-1240; Stauffer).


Morrison noted that Green asked if this could be rolled.


Weeldreyer and Dwyer were in agreement.


Vorhes said if this was to be rolled and not continued for the hearing two weeks from now, that they make sure they were clean with the process, providing the same notice that was provided for this meeting in order to notice that hearing and to make sure that everyone that is interested knows that it had been moved to that point in time.


Morrison opened up the Public Hearing.


Steve Cornacchia, 180 E. 11th, Eugene, was notified yesterday that Commissioner Green requested that this be rolled.  He noted the problem today was that if a public hearing were to be held,  the property owners weren’t able to be present.  He agreed to roll this matter to March 14, 2001.


Morrison continued the Public Hearing until March 14, 2001, at 1:30 p.m. for staff report and additional public comment.


MOTION: to approve the Fifth Reading and Setting a Sixth Reading and Deliberation for March 14, 2001 at 1:30 p.m. for Ordinance PA 1148.




Weeldreyer announced that Steve Carmichael and John Goodson were retiring.


Dwyer stated that ODOT was having a night meeting in Springfield.  He said on Thursday, the State Committee on Transportation was coming down for a public hearing.


Sorenson said he and Weeldreyer met with Ed Chastain and Kevin Woodward regarding Traffic Safety work.  He said he had been working on a project labor agreement forum.


Morrison announced that next week is a down week and she would be going to the NACo conference in Washington, D.C. She noted that tomorrow is the Roads Advisory Committee meeting regarding the CIP.




a. ORDER 01-2-27-9/In the Matter of Settling Claims Against State Farm Insurance.


Wilson noted a potential settlement of claims against State Farm Insurance.  She said there were two vehicles that were involved in a car accident that caused damage to Lane County’s traffic signal in the amount of  $72,000.  She negotiated with State Farm and they were willing to pay $62,098.01 to Lane County and she recommended approval.


MOTION: to approve ORDER 01-2-27-9.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. RESOLUTION AND ORDER 01-2-27-10/In the Matter of Approving the Allocation Report of the Lane County Commission on Children and Families for submission tot he Oregon Commission on Children and Families for FY2001-03.


Kathleen Hynes, Children and Families, stated this was an emergency as it was due with the state on March 2.


MOTION:  to approve ORDER  01-2-27-10.


Weeldreyer MOVED, Sorenson SECONDED.


Dwyer said he had no problem as it was precipitated upon a budget she had no knowledge of, without much lead time to act.


Morrison stated she would not support the motion because she saw no budget document attached with the packet.


Hynes said the report didn’t actually allocate funds, it identifies priority strategies where the commission will be looking to allocate funds.  She said they wanted their department to begin the planning process and prioritize the strategies toward it and when additional information is provided, they would be submitting the funding distribution.


Van Vactor said the deadline for March 2 was real.  He asked the Board to approve this and then have a work session to go over this in more detail.  He added if the Board was not in agreement at that time, that they could revoke the approval.  He noted that way they could get the document to Salem and they hadn’t jeopardized the program.


MOTION: to approve ORDER  01-2- 27-10.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 3-1 (Morrison dissenting.)


There being no further business, Commissioner Morrison adjourned the meeting at 3:30 p.m.


Melissa Zimmer

Recording Secretary