August 28, 2002

9:00 a.m.

Commissioners’ Conference Room

APPROVED 10/16/02


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., 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.




The HACSA minutes are to be removed from the Consent Calendar and put on the next HACSA agenda.  Items 11. a. b. and c. are time certain following public comment.  Item 8. c. was pulled to September 25, 2002.  Under Commissioners Business, Pearl Street in Coburg is added. Item 8. d. is not an order but discussion only.


Sorenson requested that item B. 2) from the Consent Calendar be pulled and discussed separately.




Doug Harcleroad, District Attorney, 125 E. 8th, announced that the Child Advocacy Center would be putting up a banner for the Child Advocacy Center at its future location, across from Autzen Stadium.


Polly Ann Lind, 533 Park Avenue, Eugene, spoke as the Clean Water for Salmon Campaign Coordinator for the Northwest Coalition for Alternatives to Pesticides.  She recommended the Board not allow herbicide applications at Blue Mountain Park.  Also, instead of a herbicide application policy, there should be a strong vegetation management plan that is protective of water quality, wildlife and human health.  She said water quality for people and wildlife of Lane County is of the utmost importance as the quality of life depends upon it.  She noted that more research is showing that herbicides can negatively impact salmon and their habitat.  She asked the Board not to allow the use of herbicides.  She stated developing responsible land practices on County properties that do not result in degraded water quality is the responsibility of the Board. She suggested the Board develop a vegetation management policy that includes modern successful forestry techniques that are protective of salmon, water quality and human health.  She passed out information.  (Copy in file).


Roy Keene, 937 Monroe, Eugene, passed out comments and pictures.  He said he was against the use of herbicides in the park. He noted if herbicide is sprayed in the forest, it will leave the area with a bone dry warm microclimate instead of a most cool under story He suggested the next Board meeting should be on location at the park. 


Megan Kemple, 1249 Willamette, Public Education Coordinator for the Northwest Coalition for Alternatives to Pesticides, read her testimony into the record.  (Copy in file).  She stated that Blue Mountain Park surrounds Blue Mountain School and spraying could affect the children. She added there are numerous health risks.  She noted there were viable alternatives that needed to be included in the management plan for the parks.  She asked the Board to vote against authorizing the use of herbicides.  She also requested the Board direct the Parks Manager develop a proposed herbicide application policy for Lane County parks in conjunction with the County Health Advisory Committee.


Mike Bloome, 1634 Lorane Highway, stated he works for Monaco Coach.  He passed out a map (copy in file).  He said there are over 1,900 people working at this complex with over 1,400 vehicles.  He added shifts are staggered but at the end of the day, traffic is backed up from Pearl to Coburg Industrial Way. He said it takes from 10 to 20 minutes to get to the intersection.  He proposed two left-hand turn lanes going toward the freeway and wanted the westbound right hand lane on Pearl be a right hand turn lane only.


Leslie Rubenstein, 79296 Repslager Road, Cottage Grove, Vice Chair, South Lane School District, said Blue Mountain Park surrounds Blue Mountain School.  She noted there is a well that students and staff drink from and if the County uses pesticides it would get into the water.  She also had concerns about the plants being sprayed.  She thought the Northwest Youth Corp was going to weed the blackberries.  She suggested paying adult trained workers for reforestation efforts.


Suzanne Tigner, end of West Fork Road, stated the slide was a hardship.  She stated preventative measures needed to be taken.  She said the road she has to drive on is dangerous.  She urged the Board to make a decision concerning the slide and hoped they would work on it this year.


Jan Wroncy, P. O. Box 1101, Eugene, commented that it was important that the County look into reasonable alternatives for spraying  She suggested placing a felted wool mat around tree seedlings as it biodegrades and takes three or four years to break down.  She added they are flame retardant and will protect the trees from fires.  She noted that deer don’t like their taste. She asked the Board to contact Curt Mitchell who has a demonstration forest for sustainable forestry practices that does not use any chemicals.  She noted when the park is sprayed it has to be closed to prevent people from being exposed.  She added that the danger to groundwater had not been well researched.


Dwyer said Lane County had to examine the need for alternatives.


Green recommended this matter go through the Vegetation Management Committee.


Weeldreyer also recommended that this matter go through the Health Advisory Committee.  She suggested that the Board take a tour to Blue Mountain Park and to Mitchell’s chemical free forest, and invite members of Vegetation Management and the Health Advisory Committee.




Sorenson conveyed to Van Vactor a check in the sum of $63,675.52, which represented the funds collected by the Lane Regional Air Pollution Authority as fines.  He noted the money goes into the general account.


Weeldreyer stated the characterization she made of the Board was based on how the Board had been functioning recently.  She noted she had been in uncomfortable situations.  She said it was important to her as an elected official to have people helping her.


Green responded to a letter in the Register Guard about Morrison’s attendance at the MPC meeting. He recalled Morrison was asked to go to the MPC meeting to represent the center of the Board’s reflections on the Natural Resources Study.  He said it was consistent with a Board assignment.  He was disappointed on how this got misconstrued when the Board took action and gave direction to a commissioner to perform duties in accordance with the Board’s request.


Dwyer thought it [the letter] was a cheap shot and found it offensive.  He noted the person who wrote the letter was at the meeting and was notified that Morrison would be there.  He said there were no violations.


4.                  EXECUTIVE SESSION as per ORS 192.660






Pearl Street Repair.


Dwyer noted under public comment that a gentleman suggested the right turn lane be restriped for a right turn only.


Sonny Chickering, Public Works, said their proposal was to have the right lane as a through or right turn.  He stated in the mornings they hoped the lane would be a free movement.  He said right turn only striping forces all other through traffic to use a single lane to go through.  He was concerned if they striped the lane for right lane only the traffic could stack back to the freeway.  He believed they could adjust the signal timing in the morning and afternoon to help the situation.  That was their recommendation.


Dwyer suggested trying it, and if there are problems, bring it back to the Board.


Green suggested the right turn only lane with the signal and having it monitored.


Dwyer reiterated that Chickering would have the two lanes making a right turn, the light timing would be adjusted and a report back in three months as to how the situation is working.




a.  ORDER 02-8-28-1/In the Matter of Appointing Advisory Committee Members to the Eugene-Springfield Metropolitan Partnership Board.


Weeldreyer stated she conducted telephone interviews with six applicants for the Metro Partnership Board.  She recommended Ken Miller for one appointee with Bob Doppelt for the second position and Matt Parsons as an alternate.


Dwyer concurred with Weeldreyer.


Green noted there was little competition with people of color on the Metro Partnership.  He added there were no women of color at all.  He said it sends a strong message that people of color are not involved in economic issues.


MOTION: to move to appoint Bob Doppelt and Ken Miller for ORDER 02-8-28-1.


Weeldreyer MOVED, Sorenson SECONDED.


Weeldreyer requested that Matt Parson be an alternate.


Dwyer responded they would do it contingent on consistency with the by-laws.  He noted the Metro Partnership has a special status among its structure and it is designed to keep confidentiality from becoming public.  He said the public members should advocate for by-law changes in the structure of the partnership.  That would be done at the partnership level instead of the County level.


VOTE: 5-0.


b.  ORDER 02-8-28-2/In the Matter of Authorizing a Contract with Eugene/ Springfield Metropolitan Partnership in the Amount of $100,000 for Economic Development Services.


Thurston explained this was an implementing action with an intergovernmental agreement between the Cities of Springfield, Eugene and Lane County.


MOTION: to approve ORDER 02-8-28-2.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 5-0.




a.  Announcements


Van Vactor announced that Karen Gaffney asked to be relieved of the duties regarding the Commission on Children and Families.  He announced that Alicia Hays would be taking over the position of interim director of Commission on Children and Families.




a.  WORK SESSION, FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1180/Amending the Eugene-Springfield Metropolitan Area General Plan Diagram for Property Within the Chase Gardens Nodal Development Area; Amending the Willakenzie Area Plan Land Use Diagram and Plan Text; and Adopting Savings and Severability Clauses.  (Second Reading & Public Hearing: September 18, 2002, 7:00 pm, Harris Hall Main Floor).


Jan Childs, City of Eugene, explained the Board received supplemental material with Exhibit B.  She noted that is what they would consider at a public hearing on September 18, to receive the report of the River Road/Santa Clara urban services committee.  She noted that item would be from 5:30 p.m. to 7:00 p.m. and the public hearing would follow that. She added that dinner would take place at 4:30 p.m.


Kurt Yeiter, City of Eugene, stated what they do in Eugene is borrow from all the neighborhoods with a design that works.  He added they were making alternative modes of transportation more convenient in approving the livability within the neighborhood.  He said the main goal is to help reduce the vehicle miles traveled as mandated by the state.  He noted that the TransPlan nodal development is known as having convenient transit stops, mixed uses, public spaces, a mix of residential housing types and densities with an average minimum density of 12 units per acre.  He stated that Chase Gardens and Royal Avenue nodes were the first to be brought to the Board for actual implementation.  He noted they were amending the Metro Plan diagram to apply a nodal designation to these areas.  He added in the Chase Garden node, they are talking about more of a land use diagram amendment, moving land uses from one property to another.  He said that required amendments to the Metro Plan diagram and to the Willakenzie Refinement Plan for the area.  He noted that neither of the nodal development strategies would rezone unincorporated properties.  He said the rezoning would occur after annexation.


Yeiter said that after some of the issues are prioritized, the Eugene City Council would work through some of the issues through October and tentatively have scheduled action by the Eugene City Council for November 12.


Yeiter said the assessment was a key issue but the city had changed its assessment policy.  He noted that was not raised as an issue during the planning commission public hearings. 


Yeiter explained the County residents have concern about the intensity of development that is occurring in Chase Gardens and is encroaching in their neighborhood.  He said the area was already designated for high residential and a commercial center. 


MOTION: to approve the First Reading and setting a Second Reading and Public Hearing for Ordinance No. PA 1180 on September 18, 2002 at 7:00 p.m.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


b.  WORK SESSION, FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1181/Amending the Eugene-Springfield Metropolitan Area General Plan Diagram for Property Within the Royal Avenue Nodal Development Area; and Adopting a Severability Clause.  (Second Reading & Public Hearing: September 18, 2002, 7:00 pm, Harris Hall Main Floor).


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing for Ordinance PA 1181 on  September 18, 2002, at 7:00 p.m.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


c.  ORDER 02-8-28-3/In the Matter of Authorizing the Parks Division to Use Herbicides as Part of the Reforestation Efforts at Blue Mountain Park Forestlands and Directing the Parks Manager to Develop a Proposed Herbicide Application Policy.


(Back to Board on September 25, 2002)


d.  ORDER 02-8-28-4/In the Matter of Approving a Plan for Mitigating or Preventing Further Damage to West Fork Road at M.P. 1.5.


Morrison stated Option 1 was the best option.  She added cost effective wise, it is best to do it one time.


MOTION: to approve Option 1 of ORDER 02-8-28-4.


Morrison MOVED, Weeldreyer SECONDED.


VOTED: 5-0.




A.  Approval of Minutes:

March 13, 2002, Regular Meeting, 1:30 p.m.

April 17, 2002, Work Session, 7:00 p.m.

July 30, 2002, Work Session, 9:00 a.m.

August 14, 2002, Regular Meeting, 9:00 a.m.

August 14, 2002, Regular Meeting, 1:30 p.m.


B.  Health and Human Services


1)  ORDER 02-8-28-5/In the Matter of Appropriating an Additional $80,255 in Revenue and Expenditures for FY 2002-2003 in Fund 286 for Mental Health Services.


2)  ORDER 02-8-28-6/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments for Providers to Serve on the Lane County Managed Mental Health Provider Panel; to Sign Contract Amendments for Managed Mental Health Providers Receiving Consumer, Prevention, Outreach and Education or Special Services Funds and to Sign a Contract Amendment with Peacehealth, Oregon Region to Provide Fiscal, Reporting and Client Services Management for Lanecare in the Amount of $14,486,141 for Fiscal Year 2002-2003.


  Sorenson asked that this be pulled off the Consent Calendar because of the size of the contract.  He stated the governor recently put out a press release that there is an additional revenue shortfall for the state.  He said they should be monitoring the money that comes from the state.


  MOTION: to approve ORDER 02-8-28-6.


  Sorenson MOVED, Weeldreyer SECONDED.


  VOTE: 5-0.


3)  ORDER 02-8-28-7/In the Matter of Accepting Revision #1 to the Grant with the Oregon Department of Human Services, Office of Health Services, in the Amount of $285,256; and Increasing Appropriations of Revenue and Expenses by $22,973 in Fund 286 in the Department of Health and Human Services(34) for Public Health Services.


4)  ORDER 02-8-28-8/In the Matter of Applying for a Mental Health Court Grant with the U.S Bureau of Justice Assistance and Substance Abuse and Mental Health Services Administration.


C.  Public Safety


1)  ORDER 02-8-28-9/In the Matter of Approving Amendment No. One (1) A Cooperative Agreement with U.S. Department of Agriculture, Forest Service, Pacific Northwest Region Law Enforcement and Investigations to Enhance State and Local Law Enforcement on National Forest Services Lands.


D.  Public Works


1)  ORDER 02-8-28-10/In the Matter of Accepting a Right of Way Grant Offer from the Bureau of Land Management for Hills Creek Road (County Road Number 353) and Granting the County Administrator Authority to Sign the Right of Way Grant Offer.


E.  Workforce Partnership


1)  ORDER 02-8-28-11/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.


Sorenson requested that item 9. B. 2) be pulled.


MOTION: to approve the balance of the Consent Calendar.


Morrison MOVED, Sorenson SECONDED.


VOTE: 5-0.




a.  ORDER 02-8-28-12/In the Matter of Appointing One Member to Fill a Vacancy on the Health Advisory Committee.


MOTION: to approve ORDER 02-8-28-12 appointing William Bass.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


b.  ORDER 02-8-28-13/In the Matter of Appointing One Member to the Community Action Advisory Committee (Human Services Commission Budget Planning Committee.


MOTION: to approve ORDER 02-8-28-13 appointing Sarah Charlesworth.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




a.  ORDER 02-8-28-14/In the Matter of Appointing LCARA Advisory Task Force Members.


David Suchart, Management Services, stated the Board authorized three members of the public for the task force.  He stated they received four applications.  He suggested keeping the four citizens on the task force.


MOTION: to approve ORDER 02-8-28-14.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 4-0 (Green out of room).


b.  ORDER 02-8-28-15/In the Matter of Amending Chapter 3 of Lane Manual to Revise the Duties of the Human Rights Advisory Committee (LM 3.540).


James Mattiace, Human Rights Advisory Committee, said this board order reflected what was in the by-laws.


Morrison asked if the Board needed to be part of the three meetings that were held out of the area.  She was concerned because it is difficult to plan.


Green concurred with Morrison that it was hard logistically.


Weeldreyer suggested if the Board couldn’t attend, that the commissioner of the district be present.


Dwyer stated if a commissioner wanted to go that would be okay but it should not be a requirement to attend.


Sorenson  thought it was important that the Board attended a meeting with the Human Rights Advisory Committee outside of Eugene, once a year.


With regard to the Diversity Implementation Plan, Van Vactor noted there were   assignments to various reports with the chair making reports to the Board.  He asked where they were at with the plan.  His concern is that it is being deleted. He said he sees more of a community focus and they are losing pressure on the organization. 


Mattiace said it was their hope to take the diversity implementation plan in-house and allow community members to participate.  He said that Green suggested that they have a representative from their committee be a liaison with the diversity education committee.


Weeldreyer suggested language that the commissioner of the district (when the meetings are scheduled) be present or that the meetings are scheduled in conjunction with the commissioner of the district so when there are community meetings, the commissioner of that district is included in the schedule planning.


Green suggested using the meetings already in place.  He said if that didn’t work, then coordinating with the commissioner of the district would be appropriate.  He wanted a revised schedule of when the Diversity Education Committee would be coming to the Board for monitoring. 


Dwyer noted when there are meetings in the small cities to add: “With the Commissioner of the District in which the meetings are held,” as an appropriate amendment


MOTION: to amend ORDER 02-8-28-15  to have “commissioner of the district” instead of the Board of Commissioners in which the meetings are held.


Green MOVED, Weeldreyer SECONDED.


VOTE: 5-0.


c.  ORDER 02-8-28-16/In the Matter of the Revision of the Bylaws of the Human Rights Advisory Committee.


Mattiace explained some bylaw changes were due to Lane Manual changes and some are procedural changes.  He noted Article 2, new item E, was the language about the annual report.


Dwyer suggested putting the same language in the order that is in Item 3G into this item, as it needs to be kept consistent.


Mattiace noted that under Article 3, they were currently recruiting for a youth position.  He said under C, they wanted Board of Commissioner representation.  He noted under H, there are four associate members who are members in training.


MOTION: to keep the consistency with the Lane Manual changes with regard to the Board for ORDER 02-8-28-16.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.


With regard to the County’s diversity plan, and reporting to the Board, Yergan assured the Board that it is being picked up.  She noted they were working on phase 2 and she and Utecht would be reporting back to the Board with an outline of the plans.


d.  ORDER 02-8-28-17/In the Matter of Appointing Four (4) New Members and Reappointing Two (2) Current Members to the Human Rights Advisory Committee.


Yergan reported that the Human Rights Committee requested the appointment of three new members.  She reiterated they were reserving one vacancy for a youth member.  She noted the committee chose Brian Cox, Sarita Black and Leslie Carthurn.


MOTION: to approve ORDER  02-8-28-17.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.








a.  Letter from Mona Linstromberg.


To take place next week.


b.  Letter from Susan R. Boling.


Dwyer gave the letter to David Suchart.


13.              OTHER BUSINESS





There being no further business, Commissioner Dwyer recessed the meeting at 11:45 a.m.




Melissa Zimmer

Recording Secretary