minhead.gif (11357 bytes)APPROVED Approved 1/5/00

August 24, 1999

WORK SESSION - BOARD OF COUNTY COMMISSIONERS

Commissioners' Conference Room - following HACSA

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

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

William Brown Gierga, 3348 Videra, Eugene, stated he was protesting the current policy of chip sealing rural roads instead of traditional repaving methods. He said he and his wife are avid road cyclists, riding 150 miles per week on the rural roads of Lane County. He said this year he helped formed the Willamette Valley Tandem Club and they are active members of Eugene’s large cycling community. He said chip sealing is used as a cost cutting method to maintain paved roads, instead of traditional methods. He said for cyclists, chip sealing ruins the roadway. He added it is uncomfortable for tandem riders. He asked the Board to take action to stop any further chip sealing of additional County roads, consider returning to an earlier standard for only chip sealing worn and lightly damaged roads, or possibly stop chip sealing all together.

Green noted the Board is aware of concerns raised by other neighbors of his regarding the same issue and they have addressed the problem with the Road Maintenance Department.

Weeldreyer stated she went out with the Road Maintenance Supervisor, Doug Putschler, last week and he has discovered a new process that allows for the overlays to dry faster and not leave behind as much rock.

Elizabeth Mares Hope, 150 Monroe, Eugene, stated she is a member of the Human Rights Advisory Committee and she supports the matter of establishing the classification and salary range for the Youth Advocacy Coordinator Classification. She said the position does require someone working full-time.

Paul Williamson, 48148 Conely Road, Vida, stated his concern has been ongoing for twenty years. He added their complaints have been listened to on occasion. He said they want to resolve some of the problems as there is continued piling of junk and debris on the property, creating a fire hazard, as well as illegal disposal of raw sewage, creating health hazards to the area. He added there are numerous health and building code violations. He said there is illegal parking of a large unsightly bus on the road. He said he complained to Mr. Richter on August 9 but Richter had never responded to him. He said he wants response to his complaints.

Priscilla Oxley, 18148 Conley Road, passed around pictures (copy in file.) She said she is concerned with the lack of working toilet facilities and the practice of dumping human excrement in the soil of the riverfront property. She said the owner’s running water had been a spring and electricity has been turned off because she refuses to pay her bills. She asked why the County agencies had not done anything about the situation. She added it is also a dangerous fire hazard that is created on the property. She understood that in the past, fines had been levied against the property but no efforts had been made to collect them.

She asked the Board to do something effective to resolve the problem.

Green requested a written report from John Cole on the status of this situation.

Weeldreyer stated she visited the property and dealt with the tenant on numerous occasions. She added there were compliance actions three years ago and the tenant filed a suit in court that stated Lane County had been intrusive in the way her rights had been violated. Weeldreyer noted that Lane County is aware of some of the concerns and there had been legal action. She recalled that the case was dismissed.

Green noted that the owner of the property is back East.

Sorenson suggested using the new systems benefit charge for enforcement when human health is at risk. He added there could be a citizen’s enforcement process that could enable citizens a request for a hearings official to determine whether or not there had been a violation of the code.

Green responded that was not the original intent of the fee and why it was established.

Erin Ely, 39518 Place Rd., Fall Creek, stated she was available for questions for the Middle Fork Willamette Watershed Council and was in favor of it.

Morrison echoed what Green had to say about the systems benefit charge. She agreed that something else needed to be done for code violations.

Weeldreyer stated there are issues with the Compliance Department in rural areas for properties that are in violation of Lane Code. She said she recognizes citizen’s frustrations of not seeing any improvements of properties over a period of time. She was in agreement of a subcommittee formed to look at the idea of a citizen’s advisory group coming back to the Board with a proposal that will work better than the current process. She said she doesn’t see the problems changing by creating a new administrative process.

Dwyer concurred with Weeldreyer. He said he didn’t want people to have certain expectations that there will be a remedy at the end. He added that the private right of action is not the way to go.

3. COMMISSIONERS' ANNOUNCEMENTS

Dwyer announced he attended a meeting on the Springfield Open Space with Willamelane, Springfield, LCOG and other groups, on what is taking place at the federal level with regard to open space. He added he is speaking to the Labor Council tomorrow night on Public Safety.

Weeldreyer reported she worked with AOC Legislative Committee and other commissioners to discuss the structure of the organization and how counties will manage themselves within the next two years. She said she attended three of the days at the fair and commended Mike Gleason and the Fair Board for a well-organized fair. She reported the senior pie social was fun and she judged the photograph contest.

Green apologized that he couldn’t make it to the fair as it conflicted with his son’s birthday.

Sorenson reported that activity for the Census is building and on September 9, the Census liaisons for the communities in Lane County will be meeting and on September 23, the U.S. Census Bureau is having a conference for local government people involved in the census. He noted on September 27 there will be an outreach public effort with the Census in this community. He reported that Lane Community College will be sponsoring a senior education discussion and Senator Gordon Smith will be present. He added that he and Steve Carmichael will be meeting with the Eugene Weekly about the Ballot Measure, 20-25. He said October 12, he and Sheriff Clements will be hosting a safer community forum and they had invited other elected officials.

Morrison stated she spoke with Senator Smith’s staff, and they will try to target something with the Board in November. She reported that the community of Triangle Lake had national visitors with regard to their Y2K on community preparedness and received an award.

Green reported that the Finance and Audit Committee met regarding the Integrated Vegetation Management Program. He said they met with Dean Stephens and he will design a process to obtain information for the Board on costs and the vegetation spray issue.

4. COMMISSIONERS' BUSINESS

a. ORDER 99-8-24-1 Appointing One Member to the Metropolitan Wastewater Management Commission.

Morrison reported that last spring the staff for the Metro Wastewater notified her that Lane County’s appointee to the Board for the Commission’s term expired June 30, 1999. She said she has someone who had expressed interest in going forward with this Bill Inge, General Manager for American Linen.

MOTION: to approve ORDER 99-8-24-1.

Morrison MOVED, Weeldreyer SECONDED.

Green noted the term begins 9/1/99 and expires 9/1/02.

VOTE: 5-0.

b. ORDER 99-8-24-2 Supporting the Grant Request for $87,000 From the Oregon Watershed Enhancement Board (OWEB) to Hire a Coordinator for the Middle Fork Willamette Watershed Council.

Weeldreyer noted that a coordinator was needed to have the group get together more cohesively and to meet the requirements for chartering a watershed. She noted that this would be the fourth watershed council formed. She said she added two lines that tie in the recommendation for approval of this order supporting watershed enhancement activities and recognizing the importance of having the five councils established in Lane County. She said she rewrote the order to support the grant that would hire a coordinator to assist in the formation of a County-recognized watershed council on the middle fork of the Willamette and provide coordination services for increased public outreach and watershed assessment activities. She added the biggest matching contribution is through the East Lane Soil and Water Conservation District. It was her recommendation that they approve the order and support the application to OWEB.

MOTION: to approve ORDER 99-8-24-2.

Weeldreyer MOVED, Dwyer SECONDED.

Green noted that the City of Oakridge would be doing the administration of the watershed and that Lane County would not be providing any administration.

Morrison stated she was concerned about all the watershed councils because she wanted to make sure that something is actually done in the stream.

Dwyer said it was very important and his concern with the watershed councils and the government is that they are neglecting and not addressing passage of the fish.

VOTE: 5-0.

c. ORDER 99-8-24-3 Awarding a Contract for Strategic Planning Consulting to Public Knowledge, Inc. for a Not-To-Exceed Amount of $75,000 and Authorize the County Administrator to Execute the Contract.

Tanya Heaton, Budget Analyst, reported they began their search for a strategic planning consultant firm early in June, there was a selection process and they chose Public Knowledge, Inc. She said they have a not- to- exceed $75,000 contract with an option to add onto the $75,000 contract. She noted the option had to deal with the public and citizen’s input into the strategic plan.

Jay Smith, Public Knowledge, Inc., passed out public involvement forms (copy in file.) He noted that initial contract had nothing to do with any public input, but the interviews, analysis, assessment, and strategies they develop would come from within county government. He said they will come out with a list of what core services there should be. He suggested ways for getting community input. He noted a community survey is a formal process that involves sending questionnaires or phone interviews. He added a public hearing would be low cost, with anyone coming to discuss the issues. He suggested focus groups as a way of people attending and better control as to who would attend. He also suggested an Internet survey that is low cost, but only people with personal computers would respond.

Sorenson said a suggestion to have a strategic plan was made by a group of citizens appointed two years ago to look at the problems facing Lane County government. He said their number one suggestion was for a strategic plan. He said most people on the committee were from the private sector and didn’t have knowledge of the complexities of local governments. He suggested having a public component that is modest with regard to cost estimates.

Green stated the Board needed to give direction with regard to additional costs added to the contract.

Heaton said if this is put into the contract, it is increased from $75,000 and they still have a not-to-exceed contract that could be identified as to how the money will be spent at a later date.

Jerry Broadsky, Public Information, Inc., stated they could come up with a document without public involvement. He said he proposed public involvement as a suggestion. He said they want the Board’s thoughts on whether public involvement was needed and if so, if there are any certain approaches that need to be taken. He said they would meet tomorrow with the steering committee and detail the overall scope of the project and what role public involvement should take. He added they will put together a plan and bring it back on September 16 to the Leadership Team, who would review the plan.

Van Vactor noted that public input was a valuable part of a strategic planning exercise.

Morrison stated the Board needs to focus and go forward and if they need the public involvement, that would be okay.

Dwyer suggested that the Budget Committee be part of strategic planning process.

Van Vactor noted that the citizen members to the group could be appointed to the committee. His concern is that some of the terms of the Budget Committee members are expiring and he suggested to look at the list before they use the current five members that were on the board previously.

Weeldreyer stated that Verna Brown would be willing to make the time commitment to be on the Strategic Planning Committee.

MOTION: to approve ORDER 99-8-24-3.

Sorenson MOVED, Dwyer SECONDED.

Sorenson suggested to sign the basic contract, have Budget Committee Members involved from the beginning and others involved in the leadership level and at a future point have a public hearing.

Weeldreyer stated that this recommendation should be approved to do the Strategic Plan and include some level of public involvement.

Green noted for the order that it would not exceed $75,000.

Heaton responded they will do a not- to-exceed $75,000 contract, leaving the public outreach open for further discussion.

VOTE: 5-0.

Van Vactor asked if there was consensus from the Board to have Verna Brown on the Steering Committee.

Green responded there was consensus.

5. EXECUTIVE SESSION as per ORS 192.660

None.

6. COMMITTEE REPORTS

Legislative Standing Committee

a. 1999 Legislature Wrap-Up.

Roy Burns, Legislative Committee, reported one of the biggest problems that was faced with the 1999 Legislation Session was the inability to gain any significant funding for the criminal justice system in the state. He urged the Board for the 2001 session to consider a sole priority in attempting to bring forth sufficient revenues from the state to offset the significant costs of the District Attorney’s office for Lane County. He noted the second unresolved issue was the gas tax and AAA of Oregon/Idaho, will consider on August 30, whether or not to proceed with a referral of that issue. He suggested that the Board take action in support of a referral as a majority of the Board did oppose the action that the Oregon Trucking Association had in terms of conversion from a weight distance form of taxing of heavy vehicles to a diesel fuel tax and a high registration on heavy vehicles.

Burns suggested to move into a proactive mode in dealing with legislative issues. He recommended to the Board to keep his position in Public Works and continue to utilize the position with the County’s Legislative Committee in serving that function. He added it is important that, besides the Intergovernmental Relations Coordinator for the County, there is private sector lobbying assistance. He noted that private sector lobbyists have greater accessibility to the caucus sessions and campaigns. He suggested to fill the position as soon as possible because it is important to start to plan for 2001. He said a strong presence by Lane County in the legislative process is critical and the success that Lane County has had over the last two sessions had been as a result of the Board commitment to achieving objectives.

Van Vactor said the difficulty with having the position at Public Works is the position is funded out of road funds and that is where the bulk of the work has to be. He noted the general fund money is the key. He agreed with Burns that the power shift is going to private lobbyists.

Dwyer agreed with Burns and Van Vactor that the Board needs to be proactive as the power shift is changing. He suggested that Lane County focus on its own efforts as to what is important to the County, develop a strategy, meet with the legislative delegation, have ideas drafted and hire someone to work on them.

Sorenson suggested to distinguish the federal from the state effort. He said regarding the federal effort, the Board would be better served with a Washington, D.C. based public affairs firm who can look at the issues affecting Lane County specifically, to guide the County with legislative efforts. He added for local relationships, he suggested to have a person in charge of what is happening locally. He said his concern in working with private sector lobbyists is the money piece that is involved. He added an effective lobbyist, (whether public or private) is the one that could leverage and work with a variety of partners. He suggested someone working for Lane County exclusively, would be a better use of the money than a private sector lobbyist.

Morrison shared some of the same concerns. She said she wanted to see the cost comparisons to see where the benefit would be. She added it is imperative to start now before the next session to lay the groundwork. She suggested a work session to go forward with this.

Green responded that another work session could be set up to finalize the Board’s strategy.

Weeldreyer echoed what had been said. She agreed that this position needs to be continued in some fashion and based out of the general fund. She said because most of Lane County’s departments have direction out of Salem, the position working with the coordinator and legislative committee be able to identify where legislative changes are needed. She said she would not be supportive of a strategy that would do only one or two priorities and not allowing the capacity to be able to have some of the more routine matters be addressed in an effective manner.

Green agreed that there should be a short priority list, identifying clearly where the energy will be focused. He suggested having someone being an intergovernmental person that handles the federal agenda with the local issues and the state. He said he would be in favor at looking at the private sector but wants a cost comparison. He added another work session should be scheduled.

Van Vactor recognized Roy Burns for his good work in all of his years at Lane County.

7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor reported he will be attending the Peoplesoft Conference in New Orleans, on Thursday.

b. UPDATE Y2K.

Rick Schulz, Budget Analyst, discussed the Y2K Status Report (copy in file.) He noted it was his last report to the Board and the project is being handled by Jackie Mikalonis. He noted the deadlines for the projects are missed because they are hard to estimate due to vendors. He recommended the Board contact Byron Vanderpool to ask more specific questions. He noted most vendors and suppliers are doing well. He suggested the Board ask questions so there will not be any misunderstandings on January 1. He added they will be ready, but not compliant in Lane County.

Weeldreyer asked how Lane County was crafting a message that won’t have someone coming back in January stating that some systems are not ready.

Schulz passed out a promotional piece (copy in file) regarding communicating to the public about Y2K

Sorenson noted that a majority of the steering committee said the message from Lane County was not strong enough, in informing the public of the difficulty of the problem.

Green noted the emphasis is that everyone is working together.

Weeldreyer stated this was not the particular message that Lane County would say and made suggestions on what could be done individually as an organization to be able to get to the slogan of "We are preparing for Y2K are you?" and to be able to move the message forward.

Mikalonis stated the consortium of agencies had a message that said these agencies are working together on Y2K and then each individual agency would have its own approach to how they are dealing with Y2K issues.

Weeldreyer suggested that Mike Moskovitz give a report on Y2K at the next meeting talking about outreach efforts the County has made.

Mikalonis reported there will be another Steering Committee meeting in two weeks.

c. ORDER 99-8-24-4 Adopting the FY 99/00 Rural Tourism Marketing Plan and Authorizing the County Administrator to Sign Contracts Implementing the Plan.

Weeldreyer reported that the Rural Community Improvement Council met and reviewed the request for the marketing dollars to be allocated. She said it is based on a distribution formula.

Stephanie Schulz, Rural Development, stated there had been no changes from previous years. She said what the RCIC is recommending is taking 35% of the entire fund and splitting that between ten non-metro cities and the McKenzie Valley and then distributing the remainder of that ($120,000) in a proportional manner for generated room tax by each of the zones and cities within the zone. She added the language in Lane Manual talks about distributing the resources back to those zones from which they were generated. She said the only change that RCIC made in the goals was to include other international markets, not just Canada for the target markets.

Morrison noted that there was a typographical error in 99/98 and under the implementation follow up, in October 97/98, the date should be 98/99.

MOTION: to approve ORDER 99-8-24-4.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 5-0.

8. PUBLIC WORKS

a. ORDER 99-8-24-5 Appointing a Five-Member Citizen Committee to Evaluate and Recommend Awards for the Lane County Tourism Special Project Grants.

Carol An n Peters, Parks, stated that they administer tourism grants to promote tourism in Lane County. She asked each of the Board members to select a member for the committee to chose the grants that come in.

Green recommended Greg Evans, Morrison recommended Laurence Fox and he had already confirmed, Sorenson recommended Kathy Leighton, Weeldreyer recommended Ron Hanson, the Creswell City Manager.

Van Vactor noted since there were not all five assigned, it would come back next week on the Consent Calendar.

Weeldreyer stated because these people volunteer their time and it is time consuming, she suggested to schedule a joint luncheon, once their work was completed, to thank them.

Dwyer said he hadn’t spoken with Dan Egan, as he was on vacation, but he is recommending him to be on this committee.

Sorenson stated that Kathy Leighton, owner of the Coffee Corner, had agreed to serve another year.

MOTION: to approve ORDER 99-8-24-5.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

b. ORDER 99-8-24-6 Delegating Authority to the County Administrator to Sign a Letter of Agreement with the Oregon Department of Fish and Wildlife for the Restoration of Richardson Creek, a Section 1135 Project Co-Sponsored by the U.S. Army Corps of Engineers.

Bob Keefer, Parks, reported the 1135 Project involves improving wetlands and Richardson Park. He said the project is to divert water back through a culvert and open a channel through a slough, with the hope of improving cutthroat trout and western pond turtle habitat in the park. He added the Corps of Engineers had new legislation where they could put money in the project as long as it is less than $250,000 without any major problems. He noted the County is not eligible to receive 1135 projects that are entered directly into 1135 agreements with the Corps of Engineers, although other leases are signed with them. He added they had to find another sponsor and Oregon Department of Fish and Wildlife had been involved with the process from the beginning and willing to be the local sponsor, but due to their budget situation, they are requesting to be compensated for their administrative costs, amounting to $6,700 (administrative function and legal costs.) He stated the Oregon Department of Fish and Wildlife would become the 1135 sponsor and enter into an intergovernmental agreement with Lane County to provide the cash match that is required in the in-kind match and for ongoing maintenance of the facility. He added that this is a great project and boaters will not be impacted.

MOTION: to approve ORDER 99-8-24-6.

Dwyer MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

c. FIFTH READING AND ACTION Ordinance PA 1128 Amending the Eugene-Springfield Metro Area General Plan to Adopt a New "Residential Land Use and Housing Element" and Related Changes to the Plan Text and Glossary; and Adopting a Severability Clause.

MOTION: to approve Ordinance PA 1128.

Dwyer MOVED, Morrison SECONDED.

ROLL CALL VOTE: 5-0.

9. CONSENT CALENDAR

A.  Approval of Minutes:

May 26, 1999, Regular Meeting, 1:30 p.m.

June 2, 1999, Regular Meeting, 9:00 a.m.

June 16, 1999, Regular Meeting, 1:30 p.m.

June 29, 1999, Work Session, 9:00 a.m.

June 30, 1999, Regular Meeting, following HACSA

June 30, 1999, Regular Meeting, 1:30 p.m.

B.  Health and Human Services

1)  ORDER 99-8-24-7 Approving the Submittal of a Grant to the Northwest Health Foundation in the Amount of $60,000 for the Safe and Sound Project and Delegating Authority to the County Administrator to Sign the Grant Application.

2) ORDER 99-8-24-8 Appointing the County Administrator or his Authorized Designee as County Grant Administrator for the FY 99/01 Mental Health and Developmental Disability Services Division (MHDDSD) Financial Assistance Grant.

C.  Management Services

1)  ORDER 99-8-24-9 Authorizing the Sale of Surplus County Owned Real Property to Donna J. Carbone (Adjacent to 120 Bushnell Lane, Eugene, Map #17-04-14-23-05400).

2)  ORDER 99-8-24-10 Authorizing a Sheriff's Sale of Surplus County Owned Real Property and Delegating Authority to the Property Management Officer to Remove Any Particular Property From Said Sale if Determined to be in the County's Best Interest.

D.  Public Works

1)  ORDER 99-8-24-11 Amending an Intergovernmental Agreement With the State of Oregon, Department of Transportation (ODOT) For Providing Fuel, Maintenance, and Repair of ODOT Vehicles and Equipment.

2)    ORDER 99-8-24-12 1) Amending the FY 97/98 Through FY 99/00 Bridges Agreement with OBEC Consulting Engineers for Engineering Services for Various Bridge Projects in the Not-to-Exceed Amount of $96,100; and 2) Amending the FY 94/95 Through FY 96/97 Bridges Agreement with OBEC Consulting Engineers for Construction Engineering Services for the West 18th Box Culvert Project in the Not-to-Exceed Amount of $5,700.

3)    RESOLUTION, NOTICE OF HEARING, AND ORDER 99-8-24-13/In the Matter of Setting a Public Hearing for the Proposed Vacation of a Portion of County Road Number 109 and County Road Number 717 (Transformer Road) Being Located in Section 6, Township 18 South, Range 7 West of the Willamette Meridian (18-07-06) (Public Hearing: October 13, 1999; 1:30 p.m. Harris Hall Main Floor).

Morrison noted the Minutes for June 30, 1999 Regular Meeting, following HACSA, on page 9, stated she did not echo what Sorenson said. She suggested to strike it from the minutes.

MOTION: to approve the Consent Calendar with revisions of the June 30, 1999 minutes.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

10. MANAGEMENT SERVICES

a.  ORDER 99-8-24-14 Establishing the Classification and Salary Range for the Youth Advocacy Coordinator Classification.

David Suchart, Management Services, recalled that this was brought before the Board on June 23. He said the Board at that time asked for several questions to be answered around human resource policy on set up of the position. He added the questions were to be answered by staff from Youth Services. He noted they reviewed the classification to deal with items around qualifications and made some changes that were standard with County policy. He reminded the Board that the position was set up as a result of the process of the Diversity Implementation Task Force report and considered a need. He noted they were half-time positions and said they will be able to retain staff and deal with issues with one full-time position. He said he attended the Human Rights Advisory Committee meeting and they reaffirmed unanimously their support for ongoing work at Youth Services and urged the Board to support this measure.

Sorenson stated he had contact with Steve Carmichael regarding the background and this meets his expectations.

Dwyer stated he didn’t have a problem with this person doing what they were doing. He said his no vote was because the position was presented to the Board in an unprofessional manner. He added this person is necessary and it is a more appropriate way of taking care of it.

MOTION: to approve ORDER 99-8-24-14.

Sorenson MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

Dwyer requested to suspend the rules to allow three minutes of testimony, but wanted to state he was not setting a precedent for having a speaker at the end of the meeting.

MOTION: to suspend rules to allow three minutes of testimony by Cherie Goodwin.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

Cherie Goodwin, 40069 Log Creek Road, Marcola, stated she was close to having a nervous breakdown because she lives next to a professional motorcycle track that is so loud, she can’t be in the house with her windows open. She said no one from the County will do anything about it. She said the property owner no longer lives there and the person who owns the property works for the District Attorney’s office. She said her neighbors are getting back at the motorcyclists with gun shots. She noted there are 40 households involved and they have tried everything.

Van Vactor noted the reason why the Sheriff may not be able to appear at the location is because of resource allocation and the limited number of deputies on call.

There being no further business, Commissioner Green recessed the meeting at 12:00 p.m.

Melissa Zimmer, Recording Secretary

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