April 3, 2002

9:00 a.m.

Commissioners' Conference Room

APPROVED 5/8/2002


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




Donna Murray, 87140 Territorial Road, Veneta, stated their group applied for a grant to get money to do a mapping of all of the cell phone towers and installations in Lane County.  Said noted the FCC doesn’t take care of compliance issues.


Jim Gillette, 87340 Needham Road, Eugene, gave the Board a letter about his fine.  He stated he owed $12,000 to the County.  He had homeless people on his ranch and the County became aware of them and made them leave.  He noted he was fined $600 per day beginning July 11, 1996.  He said as of July 11, everyone had left.  He said he missed the appeal period.  He wanted the Board to reconsider this fine.  He wanted to donate the land to a park and didn’t think his fine was justified.  He wanted to appeal the fine.




a.  ORDER 02-4-3-1/In the Matter of Declaration of Housing Authority Powers.


Wilson said the process of adding a resident commissioner under the HACSA statute is that the Board of Commissioners declares the manner in which they would be constituted to the Housing Authority.  She said the order accomplishes the Board choosing a resident commissioner.  She added the Board would then go into a HACSA board meeting and as the HACSA commissioners; the Board will amend the bylaws.


MOTION: to approve ORDER 02-4-3-1.


Morrison MOVED, Sorenson SECONDED.


VOTE: 4-0.




Item 9. a. will be rescheduled for April 10, 2002.




a.  PUBLIC HEARING AND ORDER 02-4-3-2/In the Matter of Adopting the FY 2001-2002 Supplemental Budget 2, Making, Reducing and Transferring Appropriations.


Jeff Towery, Budget Analyst, explained that several transfers, increases, decreases and appropriations are attached to the board order and staff memorandum.  He noted there was a carryover from Supplemental Budget 1.   He noted the reference to parks and open space fund should be for the Fair Board debt service fund the special obligation bond and the employee benefit fund.  He said the Board authorized the refinancing of two debt services, the 1998 Fair Board bonds and the 1997 LCRB that paid for a variety of projects around the County.  He added the County sold bonds to pay off its 1999 and 2000 unfunded actuarial liability for the PERS system.


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


MOTION: to approve ORDER 02-4-3-2.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 4-0.










7.  EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.




a.  REPORT BACK/SB 1145 Relationship Between State and County.


Rockstroh commented that the budget notice is contradictory from the statute.  He believed in best practices, but it is not always the best practice for the local area.  He added they have discretion between 1145 grant and aid to use the money for what they want.


Tony Bieda, Intergovernmental Relations, explained that going into the second half of the biennium, there will be a million dollar reduction statewide in SB 1145 community corrections funding and Lane County's share is around $100,000.  He added the opportunity to restore that would occur if and when a third special session is held.  He noted at that point as funding gets put back on the table, some of the other areas that were cut would be put back.

Morrison asked what the probability was of changing the equal distribution of the hold harmless.

John Clague, Captain, said Lane County still needs to give its position on this matter.  He didn't think those counties should be held harmless in this reduction scenario.  He said it would help lay the groundwork for future discussions.  He said it didn't appear that the state had done anything to cause this to happen.  He said it would give Director Cook or the legislature a different perspective on holding those counties harmless in using it for non-1145 issues.

Morrison recommended the Board go forward with a letter to Director Cook.

Clements suggested that the letter to Cook also go to the local legislative delegation.

Dwyer reiterated that Bieda would compose the letter, coming back to the Board for approval.


Rockstroh said the policy committee would examine the budget.  He noted next year in the budget, (with the money they would receive from the state) they had projected giving everyone a 2.3% inflation factor that is built into the budget or $218,000.  He added they received an additional $24,000 after the year started.  He said they would have to cut about $90,000.

Bieda noted an element of the community corrections 1145 funding this year includes a fiscal note that requires a best practices report going back to the legislature.  He added in his follow up with AOC, the expectation is the Department of Corrections will write the follow up best practices report.  He said each county is not required to develop their own report.

b.  DISCUSSION/Proposed Lane County Public Safety Money for the November 2002 General Election.


Lisa Smith, Department of Youth Services, explained there were reasons that the Board should not pursue a levy at this time.  She noted they currently have 32 available beds for detention.  She said since Christmas they had been below cap.  She said the transitional shelter and assessment center hase been opened since the past levy effort.  She said detention is supposed to be a temporary holding space to ensure community safety and to make sure the child appears for court.  She said they actually provide treatment.  She said they are pursuing federal reimbursement dollars through Title 19 Medicaid funds and Title 4 e, adoption and families act funds.  She noted that Oregon is the only state not to collect Title 4 e funds for a delinquent population.  She said it could make a significant contribution to their budget.

Dwyer asked what was required from Lane County to receive 4 e funds.

Smith responded that 4 e funds started out for kids removed from their homes for abuse and neglect.  She said it reimburses for those activities for at risk children to help prevent the removal from home and help reunite families.  She said they have to have court findings to show they are making reasonable efforts to maintain the child in the home and that Youth Services are making those efforts.  She stated Lane County offers more than what the statute requires for services for youth and families but there is a cost.


Smith said with kids who are in detention, some are awaiting placement because they couldn't go home or they have mental health issues.  She said that Title 4 e and Title 19 help reimburse for treatment services. She thought one of the pods could be used for secure mental health treatment for youth.

Morrison thought that Lane County was being creative in looking at a variety of things within the public safety arena that could be addressed without going to the voters. 

Dwyer stated Smith reached the right conclusion about not going with a levy.

b.  ORDER 02-4-3-3/In the Matter of Moving Approval of a Board Order that Delegates the County Administrator to Execute a Contract Between Lane County for Department of Youth Services and the Eugene District Bureau of Land Management (BLM) for Title II Funds.


Terry Smith, Analyst, reported this was a routine matter.  He noted there would be a meeting to get the four federal agencies together on how they approach these agreements.

MOTION: to approve ORDER 02-4-3-3.

Morrison MOVED, Sorenson SECONDED.

VOTE: 4-0.




a.  ORDER 02-4-3-4/In the Matter of Approving Submission of Assessment and Taxation Grant Budget to the Oregon Department of Revenue.





a.  ORDER 02-4-3-5/In the Matter of Giving Direction to the Department of Public Works Regarding Regulation of Some Non-County Roads Through the Issuance of Facility Permits.


Don Maddox, Land Management, explained the administration of the facility permit program in Lane Code defines public roads.  He noted there were 543 local access roads that entail 145 miles, with the average length of about 1,000 feet.  He noted there were another 50 to 150 state defined public roads within the County that are not administered by the facility permit program.  He said they administer about 150 permits per year.  He added that Public Works issues a facility work program for activities within the rights of way.  He said they also issue facility permits as a way to upgrade the existing local access for some standard upgrades of road improvements.  He noted there might be benefit to issue permit programs on local access roads.  He said they could address public safety concerns and help protect the investment in abutting private properties and protect the public investment in facilities that are constructed by others.  He explained that Lane County does not construct nor maintain local access roads and there had been a number of problems on local access roads.  He commented that almost all prior existing local access roads have no standards to road facilities.


Dwyer asked what the standard was they were required to meet.


Maddox responded they are attempting to administer minimum road standards that are in Lane Manual but it is difficult and problematic.


Sorenson recommended ceasing the issue of facility permits on County roads except for utility permits.


Maddox noted there was no permit program on local access roads.  He added as part of the permit issue is a condition that the applicant show some evidence that the given access to a property is useable for emergency vehicle purposes.  He explained the recommendation put forward from the Policies and Procedures Committee was ceasing all regulations on non-county roads.  He stated the argument made was that other public roads meet state definitions but there is no permit authority on the roads without the government involved.


Maddox commented there had been a process in the pipeline for the last year.  He met with Finance and Audit and Policies and Procedures twice.  He noted they have a package coming to the board for permit fees.  He thought it would be a cleaner process if they resolved this issue.


MOTION:  to move for Alternative 2 of  ORDER 02-4-3-5.


Morrison MOVED, Weeldreyer SECONDED.


Dwyer liked this alternative as it allows for life and health and safety issues.  He added it would hold the party responsible, not the County.


With regard to Alternative 2, Kent Howe, Land Management, was concerned about using the standards for F2 lands and applying it countywide.  He said the Board would have to adopt a countywide standard.  He said Land Management was uncomfortable about zones outside the forest zone.


Dwyer suggested bringing back language that allows them to change the standard simultaneously.


Morrison withdrew her motion.  She suggested putting the permit facility matter on hold until the language change is done.


Dwyer said they need to work on adopting forest wide standards.


Maddox noted there were no standards for new local access roads.  He said they were proposing a system to be put in place for treatment of prior existing local roads.


Dwyer suggested bringing in life safety issues so they could adopt standards that are uniform.


Howe suggested one staff person work on making the changes to Lane Code.  He suggested coming back with a work session and laying out policy issues with Public Works and Land Management.


Dwyer requested this matter come back for a work session in June.


b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1171/In the Matter of Amending the Rural Comprehensive Plan to Redesignate One Parcel of Land From "Rural" to "Forest Land" and Rezoning That Land From "RR-5/Rural Residential" To "F-2/SR” (“Impacted Forest Lands with Site Review”) and Redesignate Another Parcel of Land From "Forest Land" to "Commercial" and Rezoning That Land From "F-2/Impacted Forest Lands" to "CR/SR” (“Rural Commercial with Site Review”); Adopting a Reasons Exception to Statewide Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 01-5894/Christian).


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1171 for April 17, 2002, at 1:30 p.m.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 4-0.


c.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1168/In the Matter of Adopting Amendments to the Rural Comprehensive Plan, Including Expansion of the Rural Community Boundaries of Rainbow; Adopting Exceptions to Statewide Planning Goals 3 and 4 Where Necessary; Adopting Changes in Zoning Designations to Comply with Such Plan Amendments Where Necessary; and Adopting Savings and Severability Clauses.


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1168 for April 17, 2002, at 1:30 p.m.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 4-0.


d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1172/In the Matter of Amending the Lane County General Plan Policies (An Element of the Lane County Rural Comprehensive Plan) By Revising Goal 3 Agricultural Lands Policies 1, 4, 9, 11, 13 and 14, to Comply with Statewide Planning Goal 3; By Revising Goal 4 Forest Lands Policies 3, 7 and 15 to Comply with Statewide Planning Goal 4; and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: April 17, 2002, 7:00 pm, Harris Hall Main Floor).


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1172 for April 17, 2002 at 7:00 p.m.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 4-0.


e.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 5-02/In the Matter of Amending Chapter 16 of Lane Code to Modify Farm and Forest Zone Classifications and Regulations (LC 16.090, LC 16.100, LC 16.211, and LC 16.212).


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance 5-02 for April 17, 2002 at 7:00 p.m.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 4-0.


f.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1173/In the Matter of Amending the Lane County General Plan  Policies (An Element of the Lane County Rural Comprehensive Plan) by Revising Goal 2 Policies 10, 11, 13, 14, 20, 21, 24 And 26; By Revising Certain Developed and Committed Area Zoning Designations to Comply With Such Amendments; By Revising Designations and Zoning For Eight Unincorporated Rural Communities in the McKenzie Watershed to Comply With Such Amendments; and Adopting Savings and Severability Clauses.


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1173 for April 17, 2002 at 1:30 p.m.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 4-0.


g.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 6-02/In the Matter of Amending Chapter 16 of Lane Code to Add New Rural Residential, Commercial, Industrial, Public Facility and Park and Recreation Zone Classifications and Regulations (LC 16.012, LC 16.290 - 16.295)


MOTION: to approve the First Reading and Setting Second Reading and Public Hearing on Ordinance No. 6-02 for April 17, 2002, at 1:30 p.m.


VOTE: 4-0.




A.  Approval of Minutes:

October 31, 2001, Regular Meeting, 1:30 p.m.

November 28, 2001, Regular Meting, 1:30 p.m.


B.  County Administration


1)  ORDER 02-4-3-6/In the Matter of Reappointing One Member to the Lane County Budget Committee.


C.  Health and Human Services


1)  ORDER 02-4-3-7/In the Matter of Appropriating an Additional $24,831 in Revenue and Expenditures in FY 2001/2002 in Fund 286 for Post Acute Intensive Treatment Services.


2)  ORDER 02-4-3-8/In the Matter of Awarding a Subcontract Amendment to Willamette Family Treatment Services, Inc., in the Amount of $107,639 for Alcohol/Drug Free Housing Funds and Services in the Department of Health and Human Services (34).


D.  Management Services


1)  ORDER 02-4-3-9/In the Matter of Authorizing a Release with a Quitclaim Deed to Willamette Industries of the County's Interest in an Improvement Only Tax Account as Said Improvement No Longer Exists (Map   21-03-01-20-00800, Adjacent to 77859 Mosby Creek Road, Cottage Grove).


E.  Public Works


1)  ORDER 02-4-3-10/In the Matter of the Vacation of a Portion of Seaview Lane (Formerly Known as 4th Avenue), Located Between Block 4 and Block 5, all Within the Plat of Erhart Acres, as Platted and Recorded in Book 7, Page 24, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (19-12-25-22).


2)  ORDER 02-3-13-4/In the Matter of Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Irvington Drive, MP 0.00 to MP 1.47, Based on the Design Concept in Exhibit A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road. (NBA & PM 3/12/02 & 3/13/02).


MOTION: to approve the Consent Calendar.


Morrison MOVED, Sorenson SECONDED.


VOTE: 4-0.




a.  ORDER 02-4-3-11/In the Matter of Appointing Two Lay Members to the Law Library Advisory Committee.


Wilson explained these were lay citizen applications.  She noted the Law Library Advisory Committee forwarded all three applicants.  She added with one of the three, the Board would need to waive the two-term limit appointment.


Randy Maffit, Law Library, commented that normally the committee makes a specific recommendation but the committee and staff deferred to the Board on whether to continue the policy of exempting certain of the lay members from the two term limit.


Morrison stated the recommendation was Heather Crainer and Tawny Thorton.


MOTION: to approve ORDER 02-4-3-11.


Sorenson MOVED, Morrison SECONDED.


VOTE: 4-0.




Morrison announced she attended the Sixth Anniversary of the Eugene Service Station on Highway 99 with Mayor Torrey.  She thanked Al Cooper and Associates for the letter to the Board in regard to Thom Lanfear and the work he did with Eugene Sand and Gravel.




a.  Letter to Commissioner Dwyer from Food for Lane County/ORDER 02-4-3-12.


Dwyer noted the Board received a letter from Food for Lane County regarding their shortfall in this current fiscal year.  He stated the letter asked for $40,000 in the current fiscal year and further consideration for next year.  He commented the Board doesn’t have that money in contingency.


Morrison suggested that all requests go through the Human Service Commission so they could deal with the requests on a consolidated basis and come forward with some recommendations.


Sorenson understood there was $10,400 in the Board contingency fund.


MOTION: to have $7,000 out of the contingency go to Food for Lane County.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 4-0.


b.  Letter to Board of Commissioners from Carol Henderson.


Dwyer explained the letter stated that Henderson wanted a policy implemented to make the County buildings fragrance free for all people.


Morrison was opposed to a policy as it is hard to implement.  She was not supportive in moving this forward.


Weeldreyer noted there had been other requests from other people who had allergies to fragrances.  She asked what would happen to people who came into the building that did not know there was a policy.  She said there were a number of concerns on how they might do this.  She wasn’t sure there was a practical way to implement this.


Sorenson suggested that someone from the County send a letter back to Ms. Henderson stating the Board would be open to suggestions on how to implement this if she would be willing to find some models.


Dwyer said a letter to Henderson would go out asking her to find other models to show how the policy might be implemented.  He stated at that point it would be appropriate to send it to the Policies and Procedures Committee for review.


c.  John Cole Memorandum.


John Cole, Land Management, recalled that Jim Gillette wrote a letter to the Board asking to take off a $12,000 lien placed on his property.  He stated in response he prepared a memo and supporting material.  He believes that staff followed all the necessary procedures.  He suggested the Board not revisit this matter.


Morrison questioned whether the activity had ceased.  She commented if certain policies are in place and Gillette was in violation that he needed to recognize that not everything was complied with.


Stephen Vorhes, Assistant County Counsel, noted unless the Board steps in and directs Land Management differently, the fines would continue.






There being no further business, Commissioner Dwyer recessed the meeting into Executive Session at 11:10 a.m.



Melissa Zimmer

Recording Secretary