February 19, 2002

1:30 p.m.

Commissioners’ Conference Room

APPROVED 7/17/02


Commissioner Bill Dwyer presided with Commissioners Bobby Green, 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.








Lucy Vines, Earth Share of Oregon, (materials in file), stated they were a coalition of environmental groups formed for the purpose of raising funds for members, (70 environmental organizations) through workplace giving campaigns.  She said they currently have campaigns in 70 workplaces in Oregon, 14 of which are in Eugene.  She requested that the County consider opening its charitable giving campaign to Earth Share of Oregon.  She made the request in writing.  She noted the campaign is currently regulated in the Lane Manual in Chapter 2.  She wanted to make an amendment to that chapter to make it possible for Earth Share to participate.  She said this was an opportunity for County employees to give their own funds to the charities of their choice, not County funds being spent.  She noted that Earth Share is the only federation of its kind where employees could give through payroll deduction to environmental groups.  She said in making this change, the County could have total control of the size and scope of the campaign.  She noted the City of Eugene was able to establish objective administrative criteria to control the campaign.


Sorenson asked if the rule needed to be amended or modified to allow other groups besides United Way to receive employee funds.


Van Vactor stated the County doesn’t have a United Way campaign, they contract out for United Way to run the charitable contribution campaign.  He said in Lane Manual, Chapter 2 it is defined as a charitable contribution campaign.  He stated past Boards of Commissioners thought it would be the best use of County resources if those were focused on basic needs, shelter and food and if it helps fill their mission.  He noted it would be a change of policy by the Board to expand it to environmental services.  He added they would have to contact the United Way to see if it creates any administrative issues for them.  He said it would take a board order and an amendment to Lane Manual.


Sorenson asked if there was a requirement for government to provide equal access to various charitable organizations.


Wilson stated she had not followed the law.  She said that once they set a policy of purpose (basic needs), then it allows equal opportunity for anyone who wanted to meet those basic purposes.  She noted it was not just United Way agencies that were on the list, but other agencies who do not belong to United Way, but still fulfill the basic need purpose the Board had set as eligible to participate in the campaign.  She said she would have to research the matter.


Sorenson suggested further discussion on this matter.


Dwyer said this raises questions and policy decisions.  He said there are ramifications that result from policies like this.  He said Wilson could review the law.  He recommended this matter go to Policies and Procedures.


Donna Murray, 87140 Territorial Road, Veneta, was pleased to see work on the Cell Phone Tower code.  She noted that monitoring and enforcement were missing.  She stated the FCC guidelines were inadequate and their enforcement was ineffective to non-existent. She suggested cell phone towers be placed in industrial areas, where it would be farther away from heavily residential areas. She encouraged the Board to adopt the new codes.


Fred Hamlin, 2977 Gimple Hill Road,  thanked Bobby Green and Cindy Weeldreyer for hosting the meeting on February 1, regarding the animal activities at the Fairgrounds.  He acknowledged the rest of the Board who visited the Fairgrounds.


3.  EXECUTIVE SESSION as per ORS 192.660






a.  REPORT/ Quarterly Report of Public Safety Coordinating Council.


Myra Wall, LCOG and Morrison gave a presentation of the Public Safety Coordinating Council (Copy in file).


Morrison noted in benchmarks--among the 36 counties in the state--Lane County was going down.  She said the reported crimes against properties in 1990 in Lane County were at 27 and in 1993 was 24.  She noted that now among all counties, Lane County is ranked at 34, or almost the bottom out of 36 counties.  She wanted Lane County to be in the top five with effected change in benchmarks of programs.


MOTION: to approve support of the proposed Public Safety Coordinating Council Community Service Benchmark Project.


Green MOVED, Morrison SECONDED


Sorenson supported the motion, but stated there was a need to have questions answered about the relationship between society and the crime rate.


VOTE: 5-0.


b.  DISCUSSION AND DIRECTION TO STAFF/Hynix Enterprise Zone Tax Exemption Request.


Van Vactor explained this item came to the Finance and Audit Committee and they reviewed different options.  He said there was support for a proportional tax exemption with conditions to require the company to maintain its current work force (650 employees) in a full time equivalent status so there would not be any furloughs.  He added the other condition would be that it would be proportional to the number of jobs as opposed to an automatic waiver if there had been a ten per cent increase in employment.  He stated that subsequent to that committee meeting, there was a meeting last week with county and city officials discussing five options.  He stated Option 1 was a 100% tax exemption.  Option 2 was to grant the waiver and tax exemption proportional to the number of jobs actually existing, plus require the average FTE to remain at 650.  He added the non-exempt payment of 34% would be paid to Eugene and Lane County in proportion to the current split in taxes, based upon the $10 per thousand.  He noted that Option 3 was the same as Option 2, plus the company would pay to education (K-12) approximately $1.5 million over three years.  He stated this would be an actual increase to the schools because under the state formula, once the exemption is granted the state makes up the difference in the payments to schools.  He noted it would result in an overall tax exemption of about 48%. 


Sorenson asked about the decisions that were made by the City and County regarding the enterprise zone.


Denny Braud, City of Eugene, noted they had looked at Hynix’s past record and how well the company has paid the benefits and training they offered.  He said the company’s record was positive on job quality.


Van Vactor explained that Option 4 was no exemptions, but the City of Eugene was interested in considering within their own governmental structure, the creation of an economic development fund in an amount equal to the amount of taxes they would collect.  He added Option 5 was no exemption.  He said there was also a request to the company for the exemption for years 4 and 5.  He noted the years 4 and 5 were important to the company.  He stated the Board had until April 1 to make this decision and if the County and the City are to grant this, it is to be granted together with similar resolutions.  He added they would negotiate with Hynix. He explained that, absent an agreement, the staff would not recommend any type of exemption or waiver at this time.


Dwyer asked if it was possible to have Hynix settle its debts with some of the local contractors as a condition of granting this waiver.


Wilson wanted to look at the parameters of what the law permits as acceptable agreement criteria.


Braude explained the City of Eugene eliminated two options:  the 100% tax exemption and the no exemption (Option 5).  He stated they were recommending the City of Eugene deny the waiver and use the comparable amount of funds that they would receive in tax revenue for economic development and school programs.  He noted there was a financial analysis of each of the options that breaks down the City of Eugene, Lane County and education contributions associated with each option.  He stated they have had ongoing meetings with the company and the retooling requirement that is involved in the industry is ongoing.


Braude noted another ongoing issue was access to the program.  He said continuing to roll over the exemptions grandfathers the company.  They wanted to have the availability of future tax exemptions for future projects. With regard to mandating monies to schools, he said Hynix would have differences with that because their view is a contribution should be a contribution and it is something they would do at their own discretion and not be forced to do.  He said their desire is to continue to discuss the options.


Braude explained if the waiver was not granted and Hynix would have to pay the full amount of taxes to Lane County for three years, the estimation would be $387,000 in tax revenue.


Van Vactor added it would be $468,000 over five years.


Green was in agreement to grant the exemption to give staff direction. He was also in favor of contribution to schools.  He was in favor of Option 2.


Morrison also supported Option 2.


Weeldreyer asked what the company’s feedback was on Option 2 and Option 3.


Braude responded the company wanted the City and County to consider the proportional tax exemption option so if they increase their employment above 650 employees, then the 66% would go up.


Weeldreyer thought it was important that Lane County sends a message to Hynix to keep the jobs in Lane County.  She supported Option 2.


Van Vactor noted Weeldreyer had a different document.  He asked if she was a yes vote to the waiver and willing to go to 100%, but prefer that it be proportional with a contribution to the schools.


Weeldreyer responded that would be a win-win for the company and for the community.


Dwyer agreed with Option 2.  He said it has to be made proportional and they need to hear from the school district.  He asked if Hynix didn’t put money toward the schools if it would end the deal.


Van Vactor asked the Board if the company remained unwilling and if the City of Eugene wants the school contribution, the Board would approve the exemption.


Dwyer stated he would approve it.  He said the Board wanted to work with the City Council and work together to keep the community healthy.


Van Vactor stated he would work with Braude and Jim Gangle on this matter.


c.  REPORT BACK/Natural Resource Study Issues.


Morrison recalled on January 16 there was a work session on the Natural Resource Study and she was directed to come back and pursue any questions that were raised and taken to MPC.  She noted that all three metro jurisdictions must eventually adopt the same final report on the Natural Resource Study.


Morrison noted on October 22, 2001, the City Council unanimously moved to proceed with the remaining steps in the Goal 5 process using the draft significant criteria and inventory.  She added that on December 10, the Springfield City Council came to consensus regard issues about definitions and criteria.  She noted on Tier One, there were criteria 4, 5, 6 and 10.  She said since the Board met in January, Kent Howe had sent out an e-mail about the negotiations around those specific issues.  She said the issue around staff time was a concern.


Morrison explained each step takes additional staff resources, time and money.  She stated there were minutes from the October 15 meeting wherein it stated that work on the Natural Resource Study slowed down almost to a stop in 1998 and 1999 due to lack of funding.  She noted that DLCD awarded only $5,000 in grants for the Natural Resource Study during that period.  She said the Natural Resource Study team was able to complete it with the City of Eugene staff taking the lead.  She said resources were an issue on whether they should move forward.  She said they have to justify the money and staff’s participation.


With regard to the safe harbor, Morrison said that Lane County (outside of the urban growth boundary) has adopted the safe harbor approach that is less expensive to implement.  She said that the new Goal 5 permits local jurisdictions to choose between two processes: the standard process or the safe harbor approach. She noted with the riparian corridor, the properties within the urban growth boundary are using the new Goal 5.  She added under wetlands, they are using the old Goal 5 but under wildlife habitat, they are using the new Goal 5.  She said there is lack of consistency.  She stated the authority described in the OAR 660-23 (2) provides for a more cost effective and efficient method to complete the Natural Resource Study and it is the safe harbor provision.  She explained the safe harbor approach enables jurisdictions to satisfy state requirements and provide the predictability and certainty the property owners and all stakeholders’ need. She said they were using this outside the urban growth boundary.  She added the City of Ashland was also using it.  She didn’t know why staff was not recommending the safe harbor approach.  She said the safe harbor approach would provide equal and fair protection.  She noted that Lane County didn’t have the money to do an inventory.  She was concerned about getting qualification from the three jurisdictions about adopting the criteria used to evaluate the sites. 


With regard to the new Goal 5, Morrison said the Natural Resource Study does not use Goal 5 for wetlands.  She noted there was a wetlands plan and there were areas designated in that plan. She suggested using the safe harbor approach throughout the whole county and taking that to MPC.


Sorenson asked what staff’s position was on this.


Van Vactor responded that Land Management has a severe resource limitation.  His recollection of their funding level didn’t allow them to participate until there is a new budget cycle.


Weeldreyer concurred with Morrison on taking the safe harbor approach to MPC.


Green agreed there wasn’t the money to invest in this to the level they could.  He agreed there had not been a budget associated with these and for consistency,  the safe harbor approach is something he supports.


Dwyer wanted Land Management to participate in the MPC meeting to answer the question why the safe harbor approach was not brought forward and what would be the downside from Lane County’s view of having consistency relating to the safe harbor approach.


MOTION:  to recommend to MPC the report from Morrison, taking into consideration what was discussed, including staff participation.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.




a.  REPORT BACK/Policies and Procedures Standing Committee Meeting of February 5, 2002.


Green reported that the Policies and Procedures committee met.  He noted they discussed the logo and it was recommended that departments (with the exclusion of the Sheriff, District Attorney and Lane Workforce Partnership) have the “L” shaped logo for Lane County integrated into their logo.


Green noted they discussed the advisory committee application format.  He said this was the way of tracking the ethnicity and gender for the appointment to advisory committee.  He asked the Board to consider expanding that process to the advisory committees.


Green noted when individual Board members have press releases, it should go on the commissioner’s stationery as well as a statement that it is separate from Lane County.


Dwyer wanted to see examples of what Melinda Kletzok, Public Information Officer, thought would be an inappropriate press release. 


Green explained they discussed Kletzok’s work plan and the advisory committee’s annual report.  He said the committee suggested the Board meet with the chair of the advisory committee to develop a process of annual written reports reviewed by the Board.  He requested the development of another super goal.  He added that Weeldreyer wanted a retreat regarding the super goal.  


Weeldreyer stated she was sorry to see the Board do this.  She spent time trying to change the logo.  She stated there was a consistency with the current logo and she didn’t think they needed to go through this process again.


Dwyer polled the Board about wanting one logo.  They were in agreement except for Weeldreyer.


Green reported the logo issue would go back to Policy and Procedures to discuss the process.


b.  REPORT BACK/Fairgrounds Issues Meeting.


Green gave a report on the Fairground issues.  He said it was his observation that some of the friction felt by HALA and the Fair Board was due to lack of communication.  He said there wasn’t clear direction with the responses transmitted from the Fair Board to HALA.  He added that HALA didn’t think they were getting responses in a timely manner and issues around interpretation about some of the responses.  He stated HALA heard the responses but didn’t agree about everything that was said. 


Green said the intent of the subcommittee was to address the questions as directed by the Board, which has been done.


Dwyer asked about  connecting with the interceptor at a different point.


Tom Hutton, Fair Board, responded that all of the options they reviewed with the City didn’t have the capabilities as they don’t have a pipeline to the wastewater system that could accommodate the volume of storm water according to the City of Eugene’s engineers.  He added the interceptor project design group was working to the get preliminary work done and the City’s Public Works engineers are involved.  He noted that no solution had come forward.


Van Vactor stated the plan was to only hook up to the dry weather interceptor.


Hamlin reported the interceptor system has to be done in order to continue with the Lane County and 4H Fair.  He said that would allow for summer activities from June 15 to September 15.  He noted the issue was whether or not animals could be on the facilities from September 15 to June 15.  He said the Fair Board needed a risk assessment. He added if the Fair Board wouldn’t accept any risk, there was no way the animals could come back to the facility.


Francisca Johnson, Fair Board, stated the risk was during the wet season because the Fair Board agreed to taking the risk during the dry season.


Dennis Morgan, HALA, said they explored different situations.  He said the question that was framed to the city was finding a place where they could connect.  He stated this could be done if the County wanted to construct a pipe directly to the wastewater treatment.  He noted there were other connection points that might be possible but they are not economically feasible. He said their disagreement was if there was a level of risk that is excessive, if it could be mitigated and to what level. 


Hamlin noted it came down to a risk assessment and whether the Board wanted to look at other alternatives.


Johnson noted that the City of Eugene engineers stated there was no way to connect the wastewater treatment.


Weeldreyer recommended creating a resolution that the Board of Commissioners wanted year round animal use at the fair.  She noted they are aware of the environmental limitations in the urban area.  She wanted an ongoing effort by the Fair Board and its staff to get as much animal use on the Fairgrounds as possible, given the current environmental laws.


Dwyer didn’t want a piece of paper that said something that sounded good when there was no money to back it up.  He asked Weeldreyer where the money would come from.


Hamlin thought Weeldreyer’s suggestion of a resolution was consistent with what the Fair Board asked with regard to animal use.


Green stated he wouldn’t support the resolution.  He said they had addressed the concerns by HALA and had done what the Board asked them to do.  He didn’t want to draft something that meant nothing.  He stated the Board already supports animals at the fair.


Van Vactor said if they wanted to consider the resolution to get a report back from the Fair Board before they acted on it.


Morrison didn’t think they needed to do a resolution as HALA’s questions were answered.  She stated there were other facilities in Lane County that could be used.


Johnson  wanted to share the executive summary with the Board.  She stated it would be produced a week after their Board meeting.




a.  Announcements.


Van Vactor requested a resolution recognizing Jim Johnson’s outstanding services to Lane County.


MOTION: to approve a resolution recognizing Jim Johnson’s outstanding services to Lane County.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




a.  THIRD READING AND DELIBERATION/Ordinance No. 1-02/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Parks and Recreation System Development Charge, and Declaring an Emergency (LC 4.600-4.670).


Rich Fay, Parks, announced there were some changes for the Board to consider.  He stated they redistributed a new agenda cover memo that was correct.  He stated it should read: “February 19, 2002, move third reading and set fourth reading on March 13, 2002”. 


MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation on March 13, 2002.


Weeldreyer MOVED, Green SECONDED.


Fay noted the changes from the discussion on February 6 are on page 4-23 of the Ordinance, in 4.615.  He noted in number 1, the effective date is April 14, 2002.  He stated in number 2, a change of wording: accept as otherwise provided a manufactured housing shall be charged at the full SDC rate.  He noted on page 4-24,  under exemptions, under4.620 (3), the exemption temporary hardship mobile home placements meeting the requirements of Lane Code chapter 16 are fully exempt.  He said the last change is on page 4-29, 4.650, under number 3, regarding the process for appeal:  such hearings shall be held within 60 days of the date the appeal is filed.  He noted on 4-29, number 7, the Board of County Commissioners shall decide an appeal within 90 days from the date of the appeal.


VOTE: 5-0.




a.  ORDER 02-2-19-1/In the Matter of Formation of the Hazeldell Rural Fire Protection District.


Wilson explained the citizens of Oakridge and West Fir came together to form the Hazeldell Rural Fire Protection District.  She noted after they file their petition and the signatures are verified, it goes to the Boundary Commission to do the work to determine if it should be forwarded.  She recommended approval of the order.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 5-0.






A.  Approval of Minutes:

January 30, 2002, Public Hearing, 1:30 p.m.

January 22, 2002, Regular Meeting, Following HACSA

September 5, 2001, Regular Meeting, Following HACSA

June 27, 2001, Regular Meeting, Following HACSA

June 12, 2001, Work Session, 9:00 a.m.


B.  Health and Human Services


1)  ORDER 02-2-19-2/In the Matter of Appropriating an Additional $82,088 in Revenue and Expenditures in Fund 286 for the Purchase of Psychiatric Services from Lane County Mental Health; Granting Authority to the County Administrator to Sign a Revenue Contract with ShelterCare in the Amount of $226,254.


2)  ORDER 02-2-19-3/In the Matter of Transferring 6.25 FTE of Healthy Start Staff from the Department of Children and Families to the Department of Health and Human Services and Increasing Revenue and Expenditures by $203,000 for Healthy Start in the Department of Health and Human Services.


C.  County Administration


1)  ORDER 02-2-19-4/In the Matter of Awarding Contracts to the McKenzie River Chamber of Commerce for $15,676 and the Cities of Cottage Grove ($22,844), Coburg ($8,449), Junction City ($7,977), Veneta ($5,948), Dunes City ($7,829), Oakridge ($10,626), and Westfir ($6,124) for Implementation of 2002 Rural Tourism Marketing Plan (RTMP) Projects.


D.  Public Safety


1)  ORDER 02-2-19-5/In the Matter of Approving the Competitive Selection for Professional Services Contract for Registered Nurses and Certified Medical Assistants in the Lane County Adult Corrections Facility, Ratifying Two Past Purchase Orders by the Purchasing Manager and Awarding Contracts to New Horizons (RN) and Intelistaf (CMA) in the Amount Not to Exceed $70,000 Each.


E.  Public Works


1)  FINAL ORDER 02-2-19-6/In the Matter of Vacating Lots 1 through 11 and Parts of Lots 12 and 13 of the Plat of Bond Center, Which Includes Bond Center Road, as Platted and Recorded in Book 5, Page 28, Lane County, Oregon Deed Records, Located East of the Eugene Airport, Without a Public Hearing and Adopting Findings of Fact (17-04-05).


2)  ORDER 02-2-19-7/In the Matter of Approving Proposed Geographic Name of "KwisKwis Butte."


F.  Youth Services


1)  ORDER 02-2-19-8/In the Matter of Appropriating to the Budget of the Department of Youth Services $9,000 from the General Expense Contingency Fund for the Purchase of Metal Detectors for Intake Night Entrance and Intake Control at the Serbu Youth Campus.




MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


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




Dwyer announced there would be a Town Hall meeting Saturday at the Senior Center in Springfield with him and Weeldreyer.  He wanted to add another item to agenda.  After Public Comment, he wanted Commissioner’s Remonstrance as a regular agenda item.  He noted it would be limited to two minutes on any subject that a commissioner wants to discuss.  He said it was not to impugn the integrity of anyone, but to just comment on situations.


Sorenson stated the SAVE committee is meeting again and the purpose is to streamline and make more public awareness to submit cost savings ideas.


Morrison announced that Women in Timber were meeting in Eugene for the Oregon Logging Conference.












a.  STATUS REPORT/State Budget Re-Budgeting.


Tony Bieda, Intergovernmental Relations Manager, discussed the progress of the special session. (Copy in file).  He noted the Community Corrections/1145 funding was money the County has a stake in.  He stated the legislature met in special session and proposed and adopted a rebalanced budget that is with the governor.


There being no further business, Commissioner Dwyer adjourned the meeting at 3:00 p.m.


Melissa Zimmer

Recording Secretary