December 11, 2002

9:00 a.m.

Commissioners' Conference Room



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








a.  PUBLIC HEARING AND ORDER 02-12-11-1/In the Matter of Adopting the FY 2002-2003 Supplemental Budget #1 Making, Reducing and Transferring Appropriations.


Dave Garnick, Senior Budget Analyst, explained this was the first supplemental budget of the year.  He said the supplemental budget is used to appropriate any unanticipated revenues and expenses that could not be anticipated at the time the budget was originally approved.  He said they notified the public on December 3, 2002 as required by state budget law.  He noted because some changes were more than 10 percent, they were required to hold a public hearing before they could take action.  He added there are two attached contracts asking authority for the County Administrator to sign the documents.


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


MOTION: to approve ORDER 02-12-11-1.


Morrison MOVED, Sorenson SECONDED


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




John Brown, 1260 Charnelton, Eugene, stated he was concerned about the riparian areas along the Willamette River.  He passed out photographs (copies in file) of the south bank of the river between the Springfield and I-5 Bridge.  He noted that Sorenson was aware of his efforts in the situation.  He reported this was the largest quantity of debris that he had seen in the nine years he had been working with this. He believed the trash was left from the homeless group that was camping at the courthouse.  He said the government owns the land and he can’t get anyone to take responsibility for enforcing it or cleaning it up.  He said the illegal use of the land is resulting in the pollution of the waterway and nothing is getting cleaned up.  He filed a formal complaint with the DEQ.  He wanted responsible stewardship of the land.  He asked the Board for help.


Dwyer said he was committed to finding a solution to this problem.  He suggested utilizing some of the resources to hire the Forest Work Camp to clean it up.  He said the Board needed to give authority to enforce the river within the urban growth boundaries of the cities.  He said they should make the ordinance uniform.  He noted the Glenwood area is part of the Springfield jurisdiction.  He said the Board should delegate authority to enforce as part of an intergovernmental agreement to the city that is going to acquire this portion of the County.


Sorenson requested that Public Works and Land Management staff (who normally respond to complaints about lack of enforcement) send to Brown and to the Board a report on why Lane County is not involved so they could get focused on the land use functions of Lane County under the current rules.


Dwyer wanted this part of the river cleaned up and then the transfer of jurisdiction concurrently, so that once it is cleaned, it becomes the problem of the City of Springfield.


Morrison commented they have several situations currently in Lane County’s jurisdiction where there has been no enforcement regarding land use compliance issues.  She said if they were going to take something new, she wanted to clean up the older cases that the Board didn’t want to take action on.


Sorenson stated the reason they hadn’t taken action on land use compliance issues was because there is a lack of will on the part of the governing officials to enforce the land use laws.  He added there is a lack of money.  He said if they had a modest solid waste increase for the disposal of solid waste in Lane County they would have the resources to hire the land use compliance staff.  He said they don’t have the resources or time to get this problem solved.


Dwyer was against tacking a fee onto solid waste.  He was interested in having a surcharge that would build a reserve fund to clean up the infractions.  He said they would get a report back from legal counsel on the ability to work with the city so they know whose responsibility it is for the clean up.




Sorenson announced he attended the monthly meeting of LRAPA.  He said the Cities of Eugene and Springfield and Lane County select the members of that board.  He noted that Dave Ralston, Springfield City Council and Betty Taylor, Eugene City Council, discussed with him the recent action of the Springfield and Eugene City Councils approving a fee or tax on utility bills to be used to fund roads or transportation.  He noted they voted against the measures.  He stated the public had the right to refer this and vote on it.  He said they would look into ways to challenge that.  He thought that the Public Works staff from Eugene and Springfield should come in to give a briefing on this.  He noted there is an emergency clause in the legislation that would prohibit citizens from having an opportunity to review and vote on it.  He was concerned about the use of the emergency clause and giving public notice.  He noted at the transportation meeting at the Fairgrounds no one discussed a vote on the tax.


Dwyer was disappointed with the action of the Springfield City Council and putting an emergency clause onto an item that is not an emergency.  He stated that Section 2 of the ordinance states that within 90 days of passage of the order, the city manager shall present for consideration to the council a resolution proposing the initial rate to be fixed pursuant to the ordinance.  He said if there are 90 days to determine rates it couldn’t be an emergency.  He noted the only reason to have an emergency clause is to deprive the people of Springfield from the constitutional ability to refer the item for consent or rejection.  He thought the council’s action was unconstitutional because it violates their own charter provision because it was adopted at one meeting without a full reading of the ordinance.


5.  EXECUTIVE SESSION as per ORS 192.660


Time certain at 3:00 p.m.




a.  UPDATE/Facilities Capital Improvement Projects.


David Suchart, Management Services, reported they are finishing the ADA projects in the Public Service Building. He said with the child advocacy center, they received bids but they were still over budget by $200,000.  He said he would meet with the Child Advocacy Center Board and the architects for options before they bring it before the Board.


With the LCARA project, Suchart explained the roof is on and the cattery is complete.  He added that the project should be completed on Friday.


Suchart stated they were replacing every light fixture in the Public Service Building as Lane County is being paid by EWEB to make the change.


Suchart reported they are finishing up the Court School so it would be ready for students in January.


With regard to Florence Annex, Suchart noted that it did not sell at the Sheriff’s auction.  He said they would be working on strategies to market that property.  He added that they were still negotiating with the Springfield Justice Court for the purchase of the building.


Suchart stated concerning Harris Hall that a model will be shown to the Facilities subcommittee before they do work on it.  He wanted to make the room more multi-functional than just a meeting room.


b.  DISCUSSION/Logo Modifications.


Melinda Kletzok, Public Information Officer, stated that public information was not looking to change the logo over what was adopted in November.  She noted that Public works had suggested some alterations to the adopted logo, a covered bridge with the tree.  She passed out samples.  (Copy in file.)  She noted a problem with the existing logo was the waves on the bottom.  She said when the logo is shrunk down, it loses the waves.


Dwyer thought the logo alterations was an improvement.


Sorenson concurred about the logo alteration.


Kletzok said she could create a version of the logo where they take the waves out for small versions they might use.


Van Vactor noted that Kletzok would come back in January with revisions to the Lane Manual to address their specific issue.


Weeldreyer liked the covered bridge and thought it improved the logo.




a.  Announcements


Van Vactor reported that PERS issued new rates.  He said Lane County had projected a forecast of a 4-½ percent increase in their rate but the increase came in at 5.61 percent.  He said coupled with the existing rate and the new rate to PERS, the rate starting July 1 would be 13.18%.  He added Lane County borrowed $70 million against payroll of 5.65% plus the 6.00% that the county employees pay, brings the new rate on July 1 to 24.83% of payroll.




a.  ORDER 02-12-11-2/In the Matter of Appointing Three Members to the Resource Recovery Advisory Committee.


Patti Hanson, Waste Management, announced there were three openings for the Resource Recovery Advisory Committee.  She noted the recommendations are Scott Dybvad, Dawn Lesley and Leoni Davis.


MOTION: to approve ORDER 02-12-11-2.


Morrison MOVED, Sorenson SECONDED.


VOTE: 5-0.




A.  Approval of Minutes:  None.


B.  Public Works


1)  ORDER 02-12-11-3/In the Matter of Accepting the Director’s Report for Estimated Assessments for Marcola Road, Railroad Lane to Wendling Road.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




a.  ORDER 02-12-11-4/In the Matter of Establishing the Classification and Salary Range for Chief Deputy District Attorney.


Greta Utecht, Management Services, reported this was the result of a reorganization effort on the part of the District Attorney’s office.  She said instead of using trial team leaders, the District Attorney decided the best way of handling office operations and caseload was to reduce the cost of the trial team leader and work toward a Chief Deputy system.  She noted that Kent Mortimore is currently serving in that capacity. She noted this was an actual reduction in costs.  She stated that the District Attorney and Human Resources agreed upon this reclassification.


MOTION: to approve ORDER 02-12-11-4.


Green MOVED, Sorenson SECONDED.


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






There being no other business, Commissioner Dwyer recessed the meeting at 10:00 a.m.



Melissa Zimmer

Recording Secretary