May 15, 2002

9:00 a.m.

Commissioners' Conference Room

APPROVED 6/19/02


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




Item 6. b. was pulled.  Dwyer stated there was a need for a brief Executive Session.  He added they would take a 15-minute break to join the Police Officer’s Memorial.  He announced the 1:30 p.m. meeting would be in Harris Hall.




Darlene Goss, Beacon House, 90980 River Road, spoke about the River Road/Beacon improvement project.  She noted the process was alien to them.  She stated that Public Works listened to all of their suggestions and they only made two changes to the plan. She said the area was a special place.  She said the trees were worth saving.  She said that Sonny Chickering, Public Works, wouldn’t recommend changing anything unless he got direction from the Board.  She said most of the people want a traffic light at Beacon and River Road, as it would be the single most effective way to reduce the speed in the area.  She wanted to make sure there was public involvement and she asked the Board to consider their ideas and let Public Works take appropriate action on what was suggested.


Dale Miller, 4750 River Road, concurred with Goss regarding the River Road improvements.  He stated that the traffic on River Road warrants putting in a light at Beacon and River Road.  He appreciated the Board taking suggestions by residents and working together to come to a conclusion.  He noted one of the recommendations was to change the left turn lane past the trees instead of by Carthage and that could save more trees.  He thought maybe a different width could be made for a left turn lane.


Ron Carper, 4495 River Road, said he wasn’t opposed to the improvements on River Road, he wanted participate and have input into the process.  He noted that many thought they were not able to do that in the design process of the project.  His concerns were safety and security. Regarding the project itself, he was advocating for flexibility to consider design options including flexing the centerline of the road a foot, that might save some trees.  He also suggested narrowing the sidewalks.  He stated the County would be condemning part of his property but he did not want the road through his front yard.  He asked the Board to let them participate with their ideas.  He added that every property owner on the street has a concern and wants to have input.  He hoped the Public Works Department responds to their concerns.




Dwyer explained the free speech platform belongs to everyone.  He said when people are using it they need to have respect for the facility.  He stated last weekend the front was trashed with graffiti and it cost taxpayers money to remove it.  He hoped the groups that used the free speech platform have the respect and prevent people trashing their property.

He put the public on notice that this belongs to everyone and not to be abused.


Green suggested that if this happened again they could restrict its use.


Dwyer said if it continues, they would have to think about what to do to protect the property.


Sorenson suggested the Board put energy and time in cooperating with various partners to think about the feasibility of a hospital district. 


4.  EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.




a.  UPDATE/Facilities Capital Improvement Projects.


David Suchart, Management Services, reported the Mental Health Building was almost completed.  He noted there were minor problems with substandard motors in the HVAC system.  He stated they were planning on moving into the building from June 21 to June 23.  He was satisfied with the project and pleased with the work that had been done.  He noted they were trying to schedule the dedication date sometime in July or August. 


Suchart explained the building had energy savings with the electricity and the lighting was indirect.


Green asked if Lane County received any credits from EWEB.


Suchart responded they received credits from EWEB on the lighting.


Sorenson suggested that Suchart send EWEB a thank you letter for giving Lane County its rebate.


Suchart stated he would draft the letter to EWEB with the Board’s signature.


Suchart reported at the Public Service Building, they were working on the electric door opening and removing asbestos in the Sheriff’s area.  He stated he would bring the CIP to the Board on June 5.




a.  Announcements




b.  DISCUSSION/FIRST READING AND PUBLIC HEARING/Ordinance 8-02/In the Matter of Amending Chapter 2 of Lane Code to Add Provisions Affecting Use of Property or Proceeds Received under Article XV 10(7)(C) of the Oregon Constitution (LM 2.920).




c.  ORDER 02-5-15-1/In the Matter of Authorizing the County Administrator to Sign Applications to the Forest Service for Title II Funds for FY-02 from the Secure Rural Schools and Community Self-Determination Act of 2000.


Terry Smith, Analyst, reported the Forest Service discovered they needed to add an additional step to their procurement process in order for Lane County to receive the Title 2 funds that they had awarded Lane County into the budget.  He said they have to fill out paperwork and it requires authorizing signatures.  He noted the application met the criteria in the charter for items that required the Board’s approval in order for the County Administrator to sign them.  He said this  order authorized the County Administrator to sign them.


MOTION: to approve ORDER 02-5-15-1.


Morrison MOVED, Sorenson SECONDED.


VOTE: 3-0 (Green out of room).




A.  Approval of Minutes:

March 19, 2002, Work Session, 9:00 a.m.

March 20, 2002, Regular Meeting, 9:00 a.m.


B.  Assessment and Taxation


1)  ORDER 02-5-15-2/In the Matter of a Refund to Tryge and Cleo Y. Vik and David E. Carmichael, Attorney for Petitioner in the Amount of $14,486.48.


C.  Health and Human Services


1)  ORDER 02-5-15-3/In the Matter of Appropriating an Additional $27,961 in Revenue and Expenditures in FY 2001-2002, Fund 286, in the Department of Health and Human Services for Individuals with Developmental Disabilities (CFAA  28).


D.  Management Services


1)  ORDER 02-5-15-4/In the Matter of Award of Bid LCP 2002-01 for Requirements Purchase of Mental Health Building Furniture.


E.  Public Works


1)  ORDER 02-5-15-5/In the Matter of Amending a Revenue Agreement with the State of Oregon Department of Transportation (ODOT) for Vehicle Count Services in the Estimated Amount of $30,000


2)  ORDER 02-5-15-6/In the Matter of Awarding Contract WM 01/02-08 to Delhur Industries, Inc. in the Amount of $3,940,894.00 for the Short Mountain Landfill Phase IVA Improvements and Authorizing the County Administrator to Execute the Contract.


3)  ORDER 02-5-15-7/In the Matter of Executing a Local Agency Agreement With the Oregon Division of State Lands to Provide for Financial Security of Wetlands Mitigation, Amending an Irrevocable Limited Power of Attorney For the Investment Manager of the Oregon State Excess Fund, and Authorizing the County Administrator to Execute the Amendment and Agreement.


MOTION: to approve the Consent Calendar.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.




a.  ORDER 02-5-15-8/In the Matter of Re-Adopting Lane Manual 4.020 Relating to Investment Policies.


Randy Green, Management Services, reported the agenda cover memo was the same as he gave the Finance and Audit Committee.  He added he answered questions at the end of the memo.  He stated Lane County is required by the provisions of Lane Manual 4.020 to readopt it every year.  He added it had been a few years since that had been done.


Green said when the audit is completed and the auditor gives the report, they would also give an investment report.   Then, in June they would ask the Board to readopt Lane Manual 4.020. He noted he combined those processes into one.  He also noted that investment earnings were down dramatically.  He said the general fund would be half of what was budgeted, but other funds were doing better.  He didn’t anticipate any major increase in interest rates.


Sorenson asked why the Board was required to readopt a Lane Manual provision each year.


Green explained the State of Oregon allows three years with investments, and if it is longer than 18 months, the policies need to be re-examined every year.  He noted this requires a report.


MOTION: to approve ORDER 02-5-15-8.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.


b.  ORDER 02-5-15-9/In the Matter of Creating an Animal Regulation Advisory Task Force.


Dwyer recalled that the Task Force would be given specific duties and charges and will dissolve upon completion of assignment or dissolve it as the Board deems fit.


Suchart stated they filed the Lane Manual provision and answered all questions raised at that meeting.  He stated this formally set up the Task Force.


Sorenson asked if they could delete the word Advisory from the Advisory Task Force and have the task force  be together for a specific period of time.


Suchart responded they called it a Task Force so there would be a specific ending time with the group.


Wilson explained it was set up as a routine Task Force and the Board needed to decide what date they wanted the report back.


Suchart recommended that until everyone was in place that they not set up a date for the report back to the Board.


Wilson explained the Board Order could be written where the task force reports back to the Board on a date to be determined.


Sorenson requested increasing the size of the Task Force to include a City of Springfield liaison added to the Board and sending a letter to the City Manager asking that he appoint someone.  He asked to make sure that the Task Force membership was an odd number.  He added they could either add a small city liaison or a third at large slot.  He asked if there could be an 18-month sunset on the order.  He asked Van Vactor to provide a list of all advisory task forces and advisory committees, to distinguish the difference between the two.


MOTION: to approve ORDER 02-5-15-9 with the changes to add a City of Springfield liaison, adding one more public member and adding the 18 month sunset.  Also, Management Services with County Administration should form the Advisory Task Force and that the Board shall appoint the members of the Advisory Task Force.


Sorenson MOVED, Green SECONDED.


VOTE: 4-0.




Green stated he attended an AOC meeting about identifying projects.  He said they prioritized the projects based on the steering committee’s report.  He noted the recommendation back from the legislative committee would be to the full membership at the Spring Conference.  He said they have to rethink what their strategy would be if they go into a session without having Human Services as a priority, given that Health and Human Services and the state have ordered reorganization.  He reported that OTC is leaning on Lane County  to form an Act.


Green stated the open position on the Fair Board closes next week.  He noted the applicants would submit their application to the Fair Board, the Fair Board would review them and make recommendations to Green and Sorenson and they would make recommendations to the Board. He wanted to follow the same process as was previously done.










There being no further business, Commissioner Bill Dwyer recessed the meeting into Executive Session at 11:00 a.m.



Melissa Zimmer

Recording Secretary