November 26, 2002

9:00 a.m.

Commissioners' Conference Room



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








Katy Parr, 8601 McKenzie Highway, Springfield, stated on August 20 her house was broken into and property was stolen.  She said the Sheriff’s Department came out and investigated.  She said following that incident, she had 16 other break-ins and harassing telephone calls.  She noted two cases were open: one regarding the break in of a shop at her house and one regarding stolen property.  She added she had gone to the District Attorney’s office who was willing to take the case but the Sheriff’s Department has to send the case and they hadn’t done it.  She said the vandalism is between $40,000 and $50,000.  She asked the Board to help her with her problem.


Dwyer requested that she write him a letter explaining what has taken place so he would have a written document to forward to the Sheriff’s Office for their response.


Parr noted a letter was sent to Sorenson and she also took a copy of the letter to the Sheriff and District Attorney’s office.


Sorenson stated he met with Parr.  He said what would be helpful would be for Parr to get a copy of the letter she wrote to distribute to the commissioners.  He noted the Sheriff’s Department had asked Captain Freeman to take the lead on this.


Morrison requested that Parr give the Board a copy of the letter that was given to Sorenson.  She added she wanted a status report back from Captain Freeman.


Sorenson noted that Freeman sent an e-mail out on this and he should send the e-mail to the other commissioners.


Pollyanna Lind, Clean Water Coordinator, Northwest Coalition for Alternatives to Pesticides.  With regard to the appointment of the Vegetation Management Advisory Committee, she urged the Board to be responsible in appointing new members that represent different voices of the community.  She  said it was important for the VMAC to include people who represent concerns about the water quality but are permitted to help the County with smart solutions. She noted that not a single person who questions pesticide use is recommended for the VMAC committee.




Sorenson stated that one of his constituents, E.W. Walton, 2427 Adams St., Eugene, had written a guide on purchasing Canadian medication. 


4.  EXECUTIVE SESSION as per ORS 192.660




a.  REPORT/St. Wendel Visit.


Ellie Dumdi, former past commissioner, gave a report on her presentation to the people of St. Wendel, Germany.  She passed out a packet for the Board from the commissioners in St. Wendel.


Sorenson thought it was important that Lane County maintain its friendship with St. Wendel.


Green recommended that a resolution be drawn up making Ellie Dumdi a Goodwill Ambassador to St. Wendel.


Dwyer suggested that they commission local artisans to make a stained glass window for the Public Service Building and establish a wall of honor for past commissioners.  He recommended that those suggestions go to the Facilities Committee.


b.  ORDER 02-11-26-1/In the Matter of Adopting a Supervisory Authority Team Model for the Adult Corrections System.


Gretchen Pierce, Community Corrections Subcommittee, explained the Board of Commissioners is responsible for appointing the supervisory authority for the adult corrections in Lane County.  She stated that in May 2001, the Public Safety Coordinating Council entered into an intergovernmental agreement with Lane County, Eugene and Springfield to do a number of items. 


Pierce noted an item that was brought forward in the intergovernmental agreement was to make recommendations as to whether or not there should be one adult supervisory authority and a fully integrated adult corrections system  position including parole and probation.  She said if the recommendation was affirmative, they would go further and recommend a general policy and preliminary plan to present to the PSCC and the Board of Commissioners.


Pierce stated that Lane County (since the passage of SB 1145) has had two supervisory authorities.  She said the supervisory authority for the correction side is the Lane County Sheriff and the supervisory authority for the non-correction side is Parole and Probation.  She said they debated whether they should have one or two supervisory authorities.  She noted in the past the debate had been framed more around the issue of where Parole and Probation should report, than a single supervisory authority can or should do.


Pierce explained they came forward to the Community Corrections Committee that was charged with making a recommendation to create a supervisory authority team that would have the responsibility of managing the entire offender population through corrections and Parole and Probation.  She said without changing any operational responsibility or reporting issues, the team would be made up of the Sheriff’s Office, corrections division commander, the Parole and Probation manager and a judge.  She said it would include John Clague, Grant Nelson and Judge Karsten Rasmussen.  She said they would be responsible for the management of the entire offender population in a collaborative effort.  She added they would jointly manage the correction population, reviewing all of their current policies and procedures to make sure they work together.  She commented they needed to look at best practices and other ways to do business that might effectively manage this population and also to provide regular reports back to the Board of Commissioners and the PSCC network on how to allocate the resources to effectively manage the population.  She noted the Community Corrections Committee had approved the recommendation and the PSCC asked the Board to approve this.


MOTION: to approve ORDER 02-11-26-1.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.




a.  Announcements


Van Vactor announced that there would be a Leadership Team meeting on December 3.




a.  DISCUSSION, ACTION AND ORDER 02-11-26-2/In the Matter of Approving the Submission of a Community Health Center Grant Application to the U.S. Department of Health and Human Services in the Amount of $650,000.


Steve Manela, Human Services Commission, explained they had an opportunity to apply for a grant for a federal community health center.  He stated it was a good time to be getting into the community health center business as it is the key health care initiative of the Bush administration.  He said the Bush administration was attempting to establish 1,200 new community health centers across the United States and Lane County traditionally had not had a community health center.  He noted that Lane County had relied on the White Bird Clinic and Volunteers in Medicine to provide care for the uninsured.


Manela stated a federally qualified health center has benefits that other private health care providers don’t have with a special status with the federal government.  He said they are looking at surveying an underserved population who currently don’t have medical care.  He added the private sector manages care to the poor closely and reimbursements for patients restricts the number of Medicare patients they were willing to take because Medicare only pays about 60% of the cost.  He noted that under a federally qualified health center, there is a perspective cost plan, where as a federally qualified health center, there is a budget and the cost per encounter is reimbursed 100%.  He added that the federal government gives an annual grant of around $650,000 and Lane County would be required to have a sliding fee scale (including an expectation that there is a minimum contribution by the uninsured patient).  In the State of Oregon, the contributions range between  $10 and $27 per visit.  He said this is a collaborative project that works with all of the medical community in Eugene with benefit to the Mental Health staff.  He said there is a potential for a full cost reimbursement for family planning, substance abuse and mental health services.


Green asked what assurance they had that this wouldn’t become an entitlement.  He asked what Lane County’s exit plan would be.  He wanted to make sure this didn’t become a major budgeted item for Lane County in the future.


Manela responded they would come to the Board to pull the plug on going forward with the project should they find it was not financially viable and they would work with the Finance and Audit Committee.  He said that the federally qualified health centers had been in existence since 1972 and the Bush administration was supportive of this initiative.


Green’s concern was that there was no written language providing Lane County with an exit strategy in the event there is a different administration that wants to reorganize government.  He thought it would be prudent to have language that acknowledges that.


Rockstroh stated if the federal government quit paying, the center quits operating.  He said they could design a building structurally to convert it in the future to something else.  He didn’t think the clinic could start without Lane County’s support.  He did not want a hit to the general fund from this.


Wilson noted a possibility would be if they were to approve bidding this application, it would have to come back to the Board later for the award.  She said what they could do today would give direction that at the time they come back a developed exit plan is prepared and approved through Finance and Audit.  She added they should do an analysis under the Strategic Plan to see if it would fall under the Strategic Plan priority so there is documentation.


Manela commented that the clinic coordinator would have to under-expend the budget by 10% to begin with and would need to meet the billing requirements.  He said they would need a person who manages the clinic, a chief financial person and a medical director who would work part-time. He added that they would have to closely manage the patient load and the finances of the operation.


Morrison stated her concerns were tying this to the Strategic Plan and to the policies they set up when they apply for grants.  She didn’t want to have to pay for things they didn’t realize they would have to.


Dwyer thought this was a wonderful opportunity to increase the health of Lane County residents.


MOTION: to approve ORDER 02-11-26-2.


Sorenson MOVED, Green SECONDED.


VOTE: 4-0.




a.  REPORT BACK AND ORDER 02-11-6-1/Appointing Four Members to the Vegetation Management Advisory Committee. (NBA & PM 11/6/02) 


Sorenson reported that he called the applicants.  He noted that staff and VMAC did not have the opportunity to call or interview the applicants.  He hoped the Board would consider putting Zdzienicki in place of Clements because he is the only person currently working for government.  He recommended appointing Bodner, Kesling, Hoffer and Zdzienicki to the VMAC Committee.


MOTION: to approve ORDER 02-11-6-1, appointing Bodner, Kesling, Hoffer and Zdzienicki to the VMAC Committee.


Sorenson MOVED, Green SECONDED.


Green asked how the VMAC Committee came to their decision.


Mike Perkins, Public Works, explained that the committee had never had candidates at a formal interview or a specific phone interview, the information the committee had was the same the Board had received from the applications.  He was concerned with losing Clements as a resource for working with the State  Department of Forestry.  He said Clements would be a tremendous asset.


VOTE: 2-2 (Motion did not pass).


Sorenson noted the original order stated the VMAC Committee had made a recommendation and staff had a different recommendation.  He stated that one of the reasons he took this assignment was to find out by talking to people what the differences were between the recommendation of VMAC and staff.  He made a minor change to harmonize the recommendations of staff and VMAC.


Morrison disagreed with Sorenson about harmonizing between the committee and staff.  She noted what Sorenson shared today was nothing new from what was on the applications.  She stated the Board gives committees specific assignments, asking for recommendations.  She believed the majority of the committees do not actually do live interviews, they review the applications.  She favored going forward with staff’s recommendation.  She couldn’t support Sorenson’s motion.


Sorenson commented that all of the people recommended by VMAC are generally supportive of what the program is doing.  He stated if they want to do a status quo, they would either follow staff or VMAC’s recommendation.  He said the reason he is making one additional change over what was recommended by staff, was to add Zdzienicki because he is the only person employed privately trying to minimize the use of pesticides in the course of his work.  He was looking for a slight improvement from what was recommended.


Green commented that a person either in favor or against pesticides should not be the major criteria for appointing someone.  He didn’t think Sorenson’s approach was as broad as he was trying to convey.  He said when someone applies, they should look at what they bring to the committee because spray or no spray is not all that the VMAC Committee does.


Dwyer stated this would be rolled to the next meeting.


b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1185/Adopting Amendments to the Junction City Comprehensive Plan To Redesignate Land From "Professional Technical" to a Mix of "Professional Technical", "Commercial/Residential", "Medium Density Residential", "Low Density Residential", and "Open Space"; to Amend Comprehensive Plan Text; to Adopt a New Land Needs Assessment; and Adopting Savings and Severability Clauses (File PA 01-6231; Oaklea)


MOTION: to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1185 on December 11, 2002 at 1:30 p.m.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.




a.  ORDER 02-11-26-3/In the Matter of approving an Intergovernmental Agreement with Lane Education Services District in the Amount of $956,028 for 36 Months to Provide Juvenile Counselors, Computers, Automobile Leases and Mileage Expenses, Related to the Implementation of the Safe Schools/Healthy Students Grant for 36 Months, Appropriating the Funds to the Budget of the Department of Youth Services, Authorizing the Creation of Four 1.0 Juvenile Counselor Positions and Authorizing the County Administrator to Execute the Intergovernmental Agreement in Substantial Conformity with the Attachment.


Lisa Smith, Department of Youth Services, reported that in October, the Lane Education Services District received an award of the Safe Schools Healthy Student Grant for $5.3 million to provide services to the districts covered by Lane ESD. She said they used a number of strategies to enhance student’s performance and decrease crime within the school district.  She noted one of the strategies was to utilize four juvenile counselors within five rural school districts and locate those counselors within the school districts.  She added the counselors would provide prevention, intervention and assessment services to the schools.  She said the school districts involved are McKenzie, Junction City, Oakridge, Lowell, Crow and Mapleton.  She explained there are objectives that are looked at including the decrease of weapons, crime against persons within those school districts that would be used to measure the project.  She said the amount requested would be the salary and benefits for the four juvenile counselor positions and computers.  She said it was their intention for the juvenile counselors to be situated in the school districts during the school year and they would work with the jurisdictions to decide what type of services they would provide during the summer months.


Morrison supported this grant.  She noted with Attachment B and how the dollars were disbursed, the columns didn’t add up. She said they were off about $3,300.  Her concern was that they were actually paying extra before any services are provided due to the distances involved.  She hoped the dollars they receive will have a visable impact in the rural school districts around juvenile issues.


MOTION: to approve ORDER 02-11-26-3 with the corrected numbers.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0.




A.  Approval of Minutes:

April 10, 2002, Regular Meeting, 9:00 a.m.

April 16, 2002, Work Session, 9:00 a.m.

October 30, 2002, Regional Transportation Finance Meeting, 7:00 p.m.


B.  County Administration


1)  ORDER 02-11-26-4/In the Matter of Delegating Authority to the County Administrator to Execute the Fifth Amended PERS Declaratory Judgment/Legislative Lobbying Cost Sharing Agreement.


C.  Health and Human Services


1)  ORDER 02-11-26-5/In the Matter of Appointing Medical Staff of the Lane County Psychiatric Hospital and Granting Them Physician Privileges as Listed in Exhibit A.


D.  Management Services


1)  ORDER 02-11-26-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Ronald S. Pfaff, Former Owner of Record (Map #18-04-13-00-01100, 4280 Blanton Road, Eugene).


2)  ORDER 02-11-26-7/In the Matter of Award of Bid LCP 2002-06 for Requirements Purchase of Canon Copier Maintenance Services for All the Unit Prices Bid.


E.  Public Safety


1)  ORDER 02-11-26-8/In the Matter of Approving Competitive Selection for Professional Services Contracts for Registered Nurses (RN) and Certified Medical Assistants (CMA) in the Lane County Adult Corrections Facility and Awarding Contracts to New Horizons in the Amount Not to Exceed $80,000 for RN Services and $55,000 for CMA Services.


F.  Public Works


1)  ORDER 02-11-26-9/In the Matter of Awarding a Contract to Brown Contracting, Inc. in the Amount of $63,605.00 for the Repair of the Central Receiving Station Pit Wall and Authorizing the County Administrator to Execute the Contract.


2)  ORDER 02-11-26-10/In the Matter of Confirming the Public Works Director’s Revised Posting of Marcola Road Bridge and Fir Butte Road Bridge.


G.  Youth Services


1)  ORDER 02-11-26-11/In the Matter of Approving a Contract Between Lane County and Center for Family Development for the Provision of Mental Health Services to Youth Involved with the Lane County Youth Services Department in the Amount of $67,000 for the Time Period From November 11, 2002 Through June 30, 2003 and Authorizing the County Administrator to Execute Contract that is in Substantial Conformity with Attachment.


MOTION: to approve the Consent Calendar.


Green MOVED, Morrison SECONDED.


VOTE: 4-0.




Green stated the AOC conference took place last week and he attended different workshops.  He thought the session had improved in terms of substance.


Morrison commended CVALCO for the work they did with the County product tasting.  She said the Portland AOC conference was far superior to others she had attended.  She announced with the forest trust lands that Lane County would be receiving an additional assessment this year for Mason, Bruce and Gerard because of the work being done with the State Board of Forestry and the County Forest Trust Land with the new plan on how they mange the forest.  She added it would be a prorated assessment that would be around $4,000 for Lane County.  She reported the Land Management Task Force was still meeting and they were moving forward.   With regard to Senate Bill 12, she stated that Howe attended a special meeting in Portland.  She said according to Howe, everything was put on hold.


Dwyer wished everyone a Happy Thanksgiving and thanked Food for Lane County and the Forest Work Camp for providing food for the homeless.








ORDER 02-11-26-12/In the Matter of Rejecting the Demand for Defense and Indemnification.


Wilson explained this was regarding a Lane County lawsuit Keen v. McCauley. She noted that McCauley is a former employee and he had tendered a defense of a claim against him to Lane County.  She stated an investigation was held pursuant to the provisions of ORS 30.287(1) and their office had recommended to the Board that they reject the defense.  She noted the board order (if approved) would indicate that the County does reject the defense of the claim against McCauley and that the County Administrator or County Counsel will take responsibility for notifying McCauley or his counsel of the decision.


MOTION: to approve ORDER 02-11-26-12.


Green MOVED, Morrison SECONDED.


VOTE: 4-0.


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



Melissa Zimmer

Recording Secretary.