MINUTES &            



This document, upon approval in a public meeting by the Board of County Commissioners, serves as official minutes of such meetings as required under the Open Meetings Law, ORS 192.650.


Pursuant to notice made by mailing agendas to news media, a selected list of jurisdictions and individuals in Lane County, a meeting of the Board of Commissioners was held.


Questions should be directed to the Board Office Specialist 3, 682-4203.


APPROVED 10/18/00



August 16, 2000

Commissioners’ Conference Room

following HACSA


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










3. EXECUTIVE SESSION as per ORS 192.660






Policy and Procedures Standing Committee


a. ORDER 00-8-16-1 Amending Chapter 3 of Lane Manual to Remove and/or Revise Mandated, Nonmandated and Multi-Jurisdictional Committees and to Make Housekeeping Changes.


Green reported that he and Dwyer had served on the policy committee and their charge was to go through Lane Manual and update committees that are mandated. He noted there was a previous discussion about the Board not receiving reports and committees that had not met due to quorum issues.  He said they cleaned up the language on duties and responsibilities.  He added if the Board deemed a committee was not necessary, they could put it on hold or eliminate it.  He noted the Public Welfare Board never held meetings but was required by the state.  He suggested eliminating it.


Dwyer added there were no substantive changes.


Weeldreyer commented that before eliminating the Public Welfare Board, she wanted to make sure the function was happening in another venue.


Sorenson asked if there were other Welfare Boards in other counties that operate under the same mandate.


Teresa Wilson, County Counsel, responded she will pass that question to Rob Rockstroh, Health and Human Services.


Morrison asked what the actual costs were to the County (in staff time) for non-mandated advisory committees.


Green said that wasn’t part of their charge.  He suggested raising it in the Finance and Audit Committee.


Arlene Marshall, County Administration, reported these committees are all committees that Lane County has, plus they recruit their own membership.  She noted there are other committees that are not included in Lane County’s Advisory Committee Policy.  Concerning LRAPA and MPC, she noted the Board doesn’t participate in the same way.


Weeldreyer recalled that PSCC staffing time was to be determined in the manual.


Wilson noted if the Board approved the order, they could direct changing staffing and meeting time for the PSCC so it would be accurately reflected.  With regard to public meeting notice, she suggested revising the language:  “Committee recommendations for public action must be submitted to the Board for approval prior to taking action.”  She said she will make the change.


MOTION: to approve ORDER 00-8-16-1 with the PSCC monthly meeting notice, the staffing by LCOG change and the change Wilson read for public notice.




VOTE: 5-0.






Charlie Van Deusen, Management Services, reported when employees were surveyed on motivation, they consistently cited being recognized for effort as a motivating factor.  He gave a presentation about the Bravo awards, reporting that a trophy and prizes will be given to award nominees to recognize employees.


Morrison asked since two winners are drawn each month, if the other nominees were pulled or held for the next drawing.


Alicia Hays, Management Services, responded the person who gets nominated gets a lollipop and the person who suggested them (if their person is chosen) would receive a pen.


Weeldreyer suggested tracking Bravo Awards an employee receives to help their evaluation.


Green asked if the Lane County logo could be incorporated in the design.  He asked that Hays work with Mike Moskovitz  to determine the appropriate logo.


Wilson liked the relationship to the evaluation which gives supervisors a copy.  She said the supervisor has the appropriate level of responsibility.  She noted it was a way of acknowledging something good is going on.  


Dwyer said it is a good program and if someone gets a Bravo Award, it should go in his or her personnel file.  He said the record needs to speak for itself.


b. DISCUSSION AND DIRECTION Financing Options for Various County Projects.


Wilson reported that Rebecca Chao, the head of Regional Financial Advisors, was hired as a financial consultant for complicated financing matters.  She noted the item was before the Board because of a number of things the County will be financing.  She said the first project would be the AIRS project.  She added they also have financing of mental health facilities.


Chao described financing the projects within the revenues of the County and utilizing certificates of participation, or full faith and credit obligations.  She said they would consider long-term financing of 15 to 20 years and the County’s commitment to pay.  She noted that the legislature allowed counties to make this kind of full-term commitment on a certain amount of financing.  She said there is a limit of one percent of real market value.


Chao said they would be doing this to save taxpayers money and make it more marketable.  She suggested getting financing before November because it will be difficult until there is an interpretation of the bond measures that may pass.  She added the full term commitment is a pledge of the County’s general resources, but there is not the ability to levy a tax.  She said if there are not funds identified, they would have to use other resources to make a payment.


Green asked Wilson and David Suchart, Management Services, what they were expecting from the Board.


Wilson asked if the Board was comfortable with the new method of financing-- considering there is not the ability to walk away.  She said if the Board was comfortable, they would work with Chao to bring a completed package to finance the AIRS system and the mental health building as critical county needs.  She added it would be the willingness of the Board to pledge whatever revenues would be identified that doesn’t require additional voter approval.  Wilson noted it would be the first time the Board had pledged the general fund.


Green stated he would support this, but wanted to know what the implications were once the general fund was pledged.


Chao said they recommend that issuers look at their revenue to make sure it is  bigger than debt service.


Sorenson asked which revenue stream they would be looking at.


Suchart responded that in the mental health facility they would use some of the reserves from mental health to lower the financing and use the rent money they normally pay for the facilities to charge against the bond.  He added they would obligate some of the appropriation in the capital improvement fund.


Weeldreyer said the County Administrator recommended that the Board move in this direction.


Garnick said it makes the most sense because it will save taxpayers money and  accomplish goals.


Sorenson stated the Board was giving Chao authority to move forward..




a. Announcements






a. EIGHTH READING AND DELIBERATION Ordinance PA 1141 Amending the Rural Comprehensive Plan to Redesignate Land from “Agricultural” to “Rural”, Rezone that Land from “E-40/Exclusive Farm Use” to “RR-5/SR (Rural Residential with Site Review)”, Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 98-2230; Doak).


Jerry Kendall, Land Management, reported that it is a 32 acre parcel located adjacent to the community of Dexter.  He noted that 72% of the parcel has pit soils due to excavation for the railroad in the forties, resulting in no forest capability in  production.  He added they are Class 8 agricultural soils, which are the worst.  He said that developed and committed parcels surround three-fourths of the property. 


Kendall stated the application had started as Rural Residential 2 (that would have allowed 16 parcels) and staff had raised Goal 14 issue concerns on the density and septic, which were addressed by a soils expert.  He noted there were water concerns over the original proposal for 16 parcels because of duplexes and water quantity.  He reported there was a small controversy over the aquifer study between EGR Associates and the state water master.  He said they received an opinion from Harry Youngquist, an environmental engineer who thought the water study met Lane Manual and Lane Code requirements.  He noted they had a procedural error that they remedied by reopening the record for comments.  He said under the Board’s direction, he modified the ordinance to include the site review suffix to eliminate (during subdivision phase) the drainage concerns and not allowing duplexes on any of the parcels.  He said staff’s concerns had fallen away when it was rezoned from RR2 to RR5 and staff recommended that final action be taken today.


MOTION: to adopt Ordinance PA 1141.

Weeldreyer MOVED, Morrison SECONDED.


Green stated there was a letter from Mrs. Sherry Sienes, discussing Lost Creek as being the last free flowing watershed on the middle fork of the Willamette River.  He asked how it fit into the criteria.


Kendall responded there was testimony in the original hearings on the drainage issue and how the drainage patterns go.  He said there was no Class One stream on the subject property.


Dwyer commented he would not support this.  His concern was the watershed at Lost Creek where it crosses the road. He said it would change the character of the community.


Weeldreyer stated she was supporting this as staff had worked with the applicant and the concerns were addressed.  She supported the findings that determined the soils were down on the soil chart.  She said it would be an appropriate use of this particular parcel.


ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting.)


b. DISCUSSION AND ORDER 00-8-16-2 The Vacation of a Portion of the East-West Public Alley, Located in Block 20 of Glenada, as Platted and Recorded in Volume W, Page 261, Lane County, Oregon Deed Records, Located in the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 35, Township 18 South, Range 12 West of the Willamette Meridian (18-12-35-32).


Bob Ezell, Surveyor, reported on March 15, 2000, the petition for Nora Cusick to vacate a portion of the alley between Pine and Spruce in Glenada was presented to the Board.  He noted in order for the Board to make a vacated road or alley, it must reach the conclusion that it is in the public interest.  He recalled that on March 15 at the Public Hearing, the director’s report was favorable. 


Ezell reported that Judy Carr-Robinson provided a letter in opposition.  He read part of the letter into the record. (Copy in file.)  He noted at that time the vote of the Board was 2-2 and the vacation failed to pass by majority vote.  He added whenever a vacation fails, they are required to come back with the subsequent order to deny.  He noted the order to deny vacation was placed on the Board’s agenda on July 12 and there was discussion and it was carried over until today.  He said the Board had instructed him to notify the landowners that had testified previously.  He added they gave until August 11 at 5:00 p.m. to provide written information.  He noted there were two responses, a faxed letter from Judy Carr-Robinson and a letter from Mr. Ward, representing the petitioner.  Ezell said that Mr. Ward provided the board with a group of photos.


Ezell noted that it appeared that the intent of the petitioner, Norma Cusick, was to allow excavation of material from the alley and adjacent property near the residence along Pine Street to more fully utilize her property.  He added it emphasized the fact of the elevation rise, (between Pine and Spruce Street) having no affect on the view if the alley was vacated.  He noted the homeowner who was opposed to the vacation had now submitted a petition to vacate the alley.


Weeldreyer stated in Ezell’s original report the vacation would obstruct the view.  She asked him to restate why the vacation would not obstruct the view.


Ezell said it would not bother the view at all.


Dwyer stated the vacation was not good for the public.


Weeldreyer stated that the public still has access to the hillside overlooking the river in Florence.  She didn’t see anything compelling her not to allow the vacation.


MOTION: to approve ORDER 00-8-16-2.

Morrison MOVED, Green SECONDED.


Dwyer opposed it and stated he would be opposing any others that were brought from this alley.


Sorenson didn’t favor this one because there is a substantial increase in usage.


VOTE: 3-2 (Sorenson, Dwyer dissenting.)




A. Approval of Minutes:

April 25, 2000, Work Session, 8:30 a.m.

June 27, 2000, Work Session, 9:00 a.m.


B. Health and Human Services


1) ORDER 00-8-16-3 Delegating Authority to the County Administrator to Sign a Contract Amendment in the Amount of $11,667 with Martin Henner for Lanecare Omsbud Services.


C. Management Services


1) ORDER 00-8-16-4 Award of Bid LCP 2000-09 for Forest Work Camp Administration Building Re-Roofing.


D. Public Safety


1) ORDER 00-8-16-5 Approving Addendum No. One (1) to Intergovernmental Agreement with City of Eugene for the Purchase of Supervision of Eugene Municipal Court Inmates to Accomplish Certain Maintenance Work on City Owned Land.


2) ORDER 00-8-16-6 Approving Incentive Payment Memorandum of Understanding with the Social Security Administration.


E. Public Works


1) ORDER 00-8-16-7 Entering into an Intergovernmental Agreement with the State of Oregon, Oregon State Police for Providing Fuel, Maintenance and Repair of Police Vehicles and Equipment with Option to Continuously Renew Agreement for Periods of Two Additional Years.


Sorenson asked item E. 1) to be pulled.


Garnick reported that the order submitted with E. 1), noted that the Fleet people would be working on OLCC vehicles.  He said the title was correct, but the order was incorrect.  He stated the order had been corrected.


MOTION: to approve the Consent Calendar with the amended Board Order E. 1).


Weeldreyer MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. PUBLIC HEARING, RESOLUTION AND ORDER 00-8-16-8 Holding a Public Hearing; Accepting Revised Grant Award (RGA) #42 to the Financial Assistance Grant Agreement #20-001 with the State Mental Health and Developmental Disabilities Services Division (MHDDSD); Reducing Appropriations of Revenues and Expenditures by $283,497 in Programs for Adults with Mental and Emotional Disturbances; and Authorizing the County Administrator to Sign RGA #42.


Rob Rockstroh, Health and Human Services, reported it was a technical adjustment, shifting money from the Mental Health Division to Senior and Disabled Services so the amount is reduced.


Sorenson opened up the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 00-8-16-8.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORAL DISCUSSION All Department Summary of Drug and Alcohol Treatment Programs.


Morrison said that over the past year and a half, money had been going in and out, but she never saw the total amount Lane County received for drug and alcohol treatment.


Rockstroh  responded it was accurate with regard to governmental funding.  He said it was a simplified format, with Health and Human Services the largest at $4.5 million.  He noted Youth Services had $2.7 million between their general fund and other funds.  He added that $2 million will be leaving from the  Correctional Supervision and Treatment Program, and the Breaking the Cycle program will be disappearing unless there are other grant extensions.  He added a monitoring piece was built.  He passed out a summary of  funding (copy in file.)


Dwyer asked how many programs were redundant.


Rockstroh responded there is some overlapping in children’s outpatient service.  He noted when it is the client’s choice there is some overlapping.


Sorenson said the Board needed to know the extent of the money and whether the programs were being carried out efficiently and effectively.


Rockstroh stated the money going out for drug and alcohol programs is $14.8 million.  He noted there are differences in the amounts according to treatment. 


Sorenson stated public concern was making sure the money is spent efficiently.


Dwyer was happy they quantified the value of treatment versus punishment.


Morrison noted that it was a starting point and wanted to thoroughly discuss the numbers.




Green reported the public information brochures produced by Mike Moskovitz on Measure 20-38 and Measure 20-39 were reading for distribution.


Sorenson noted that this was Fair Week and the Board would be serving pie and ice cream to the seniors.


Morrison reported that on Thursday from 9:00 to 12:00 noon, she will be participating in the Appointment Committee with the Department of Corrections for the new prison facility in Junction City.  She said she will be participating in the American Cancer Society’s Walkathon.  She announced that next Wednesday she would be giving a presentation to the Kiwanis with regard to county finances.


Weeldreyer reported the Middle Fork of the Willamette Watershed council will walk through the Mt. Pisgah area to observe riparian areas. 




ORDER 00-8-16-9 Delegating to the County Administrator Authority to Satisfy Lien.


MOTION: to approve BOARD ORDER 00-8-16-9.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Sorenson adjourned the meeting at 12:10 p.m.


Melissa Zimmer

Recording Secretary

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