October 30, 2002

9:00 a.m.

Commissioners' Conference Room

APPROVED 3/19/03


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




There will be an Emergency Business item.




William Fleenor, Mapleton, Oregon. commented on a potential perceived conflict of interest on a voting delegate to the Council of Forest Trust Land Counties.  He was concerned with appointing a voting delegate.  He wanted to make sure the delegate would make honest, intelligent and sound decisions when it comes to managing forests.  He hopes the potential conflict of interest could be dealt with in a professional manner.


Kelsy Hunchins, discussed the Peace Makers Conference, a community event set for November 13.  She thanked the Board for putting the peace pole in the plaza.


David Oaks, Executive Director, Support Coalition International, stated they are a non-profit that works on human rights for people with psychiatric disabilities. He stated that last night Lane County Mental Health had an emergency forum to hear from the public.  He attended and was surprised that out of 70 people, only a few were clients or former clients of Lane County Mental Health.  He said they asked for a paradigm shift that could be self-determination, empowerment and responsibility in the Lane County Mental Health system with clients.  He said there is a dependency model in the mental health system and they need special outreach. He suggested Mental Health have a special event for clients.






4.  EXECUTIVE SESSION as per ORS 192.660






a.  ORDER 02-10-30-1/In the Matter of Honoring Eli, Alex, Fred and Brooks Owre.


Dwyer read the resolution into the record.


MOTION: to approve ORDER 02-10-30-1.


Sorenson MOVED, Weeldreyer SECONDED.


VOTE: 5-0.




a.  UPDATE/Facilities Capital Improvement Projects (Including Bus Depot). (No Material)


David Suchart, Management Services, reported they are working on the ADA projects.  He noted they were moving forward with the Boy Scout land negotiations.  He said the bids went out for the Child Advocacy Center.  He stated that the repairs in Harris Hall are taking place.  He reported the roof for LCARA was almost complete and the cattery is almost finished.  He noted that lighting issues are being taken care of.  He said that EWEB would finance Lane County placing new lighting in the kennel.  He reported the contractor met with staff at Youth Services and they will complete the conversion of pod three to the Court School. 


Weeldreyer stated the fence in front of the Public Service Building made the building look institutionalized.  She asked if they could possibly put dogs in the area that were up for adoption that people could view.


Suchart stated he would discuss it with Mike Wellington.


Suchart discussed putting in bushes in the fenced area.


Suchart stated he needed direction to move further on Oak Street to move traffic from Willamette to Charnelton.  He noted depending on which street width is used (13 feet or 24 feet) traffic could be moved in the back.  He said moving Willamette to the Charnelton corridor is a narrow space and it is hard to move the Amtrak buses.  He added, depending on the width, it could affect any potential expansion of the jail facility.  He said it would reduce parking and they would have to negotiate for other parking.  He thought it was possible to have the design so it runs the other way.  He said it could cause traffic flow problems inside the train depot area.  He noted the traffic flow from Oak Street to Willamette and back and forth provides a normal ingress and egress to the train depot.  He thought the city’s plan was the most logical but it is not impossible to go the other direction.


Green commented that originally this was the City of Eugene’s project.  He hopes it remains their project.  He didn’t want any County funds to be expended.


Suchart noted the money had been appropriated but there had been no contract that was signed between the city and the county.  He asked if they should ask the city any other questions about this.


Green suggested Suchart convey that information to the city and if they choose to utilize it that would be their call.  He stated that Lane County should not be involved.  He asked Suchart to attend the meetings about this and to report back.  He asked that Suchart do no harm to Lane County property to impact the parking.  He said the city has to work out the parking problems with the Electric Station.  He added they would lose convenient up close parking.  He thought the least impact would be to convey this message and have the City of Eugene make the call.


Morrison commented the project the Board agreed to fund is different than the one before the Board.  She was concerned about the design and the loss of parking.


Weeldreyer was concerned about a thriving business in downtown Eugene losing convenient parking.  She didn’t want to see Lane County enjoined in any kind of condemnation lawsuit of private property for this.


Dwyer stated he went on tour of the property and the design was different.  He wouldn’t allow the city to condemn property that would cause controversy.  He said if the city wants to do it, they have to do it with their money, not the County’s.


Morrison concurred.


Dwyer stated that is what the Board agreed upon.


Suchart stated he would convey that to the city.


Sorenson was in support of the project to work with the federal and county government to refurbish and improve the train station.  He was not convinced that the alternatives of having egress from that facility near the jail had been reviewed fully.  He was concerned about the unnecessary impact of reducing significant amounts of parking to a business.


Dwyer did not want to give them any money.


b.  ORDER 02-10-30-2/In the Matter of Appointing Commissioner Anna Morrison as the Voting Delegate to the Council of Forest Trust Land Counties.


Morrison reported that every year they do assignments to different committees.  She noted in the past four years she had been the Board’s representative on the Council of Forest Trust Lands.  She added historically the West Lane County Commissioner had been that person because all of the forest trusts lands are in West Lane County.  She said they wanted formal resolutions from each county for their annual meeting and that voting purpose is only for the officers and the Board of Directors.  She stated she would be a voting delegate for position number 5.


Sorenson asked if they could amend the board order to state she would represent Lane County through the end of the calendar year and they would have to make this decision again.


Morrison stated they would go through this again next fall.


Dwyer preferred the board order state “until another delegate is chosen” for the last paragraph.


MOTION: to approve ORDER 02-10-30-2 as amended.


Green MOVED, Weeldreyer SECONDED.


VOTE: 5-0.




a.  Announcements






a.  DISCUSSION/Amending the FY 03 to FY 07 Capital Improvement Program (CIP) to Include Bernhardt Heights Road; Setting a Date for Public Hearing; Approving a Project Design Concept for the Realignment of Bernhardt Heights Road Based on the Design Concept in Exhibit B; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue all Necessary Planning Actions and Prepare Plans and Specifications for Realignment of Said Road.


Sonny Chickering, Public Works, explained this is a County maintained one lane gravel road. He noted a majority of the Board had been on the road.  He noted there are four options for realignment or repair and they have been presented to the Roads Advisory Committee.  He said the committee discussed the item and made a recommendation of Option C.  He stated staff had done a substantial amount of review of each option and they are also recommending Option C.  He said the cost of that is $175,000.  He added the property owners were in favor of Option A, costing $450,000, because they want to widen the existing road to two lanes and pave it.


Chickering commented there are land use issues having to do with a special use permit to cross forestlands.  He wanted to have the work session today and schedule a Public Hearing for November 6, giving the local residents an opportunity to address the Board directly and return to the Board on December 4 for deliberation and action.


With regard to Option A, Green asked at what level would the property owners participate in the cost of repairing the road.


Chickering responded at this point they didn’t have a mechanism for assessing  that improvement, although the Board could put conditions on the approval such as dedication to the right of way that is necessary.  He noted their assessment policy doesn’t apply in a rural area on this type of road.  He commented if the choice was Option A they would have continuing problems in the future because of the nature of the bluff and the composition of materials it is composed of.


Dwyer asked what responsibilities would be on the residents if Lane County was to be involved.


Weeldreyer suggested communicating that to the residents of the road.


b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1182/In the Matter of Naming an Unnamed Private Road, Spirit Valley Drive (18-04-32 & 19-04-05).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1182 for December 4, 2002 at 1:30 p.m.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 5-0.




A.  Approval of Minutes:

September 25, 2002, Regular Meeting, after HACSA

September 25, 2002, Regular Meeting, 1:30 p.m.

October 16, 2002, Regular Meeting, 1:30 p.m.


B.  County Counsel


1)  ORDER 02-10-30-3/In the Matter of Execution of a Quitclaim Deed to Les Roberts and Patricia A. Roberts.


2)  ORDER 02-10-30-4/In the Matter of Amending Chapter 16 of Lane Manual to Delete Obsolete Provisions Regarding License for Retail Sale of Firearms (LM 16.500-16.515).


3)  ORDER 02-10-30-5/In the Matter of Amending Chapter 65 of Lane Manual to Delete Outdated Section Pertaining to Community Use of Schools (LM 65.090-65.100).


C.  Health and Human Services


1)  ORDER 02-10-30-6/In the Matter of the Request of Lane County for an Exemption Per ORS 279.015 to Enter Into Agreements for Inpatient Psychiatric Services as Part of the LaneCare Provider Panel (This Exemption Shall Remain in Effect Through September 30, 2005).


2)  ORDER 02-10-30-7/In the Matter of Delegating Authority to the County Administrator to Execute Agreements with PeaceHealth, Oregon Region; Mercy Medical Center, Good Samaritan Hospital and Providence Health Systems for Inpatient Psychiatric Services as Part of the LaneCare Provider Panel for the Period October 1, 2002 Through September 30, 2003.


D.  Public Works


1)  ORDER 02-10-30-8/In the Matter of Accepting a Deed of Land to be Used as a Reserve Parcel in Section 36, Township 17 South, Range 6 West of the Willamette Meridian (County Road No. 1183) (Bolton Hill Road) (17-0636).


2)  ORDER 02-10-30-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1183 (Bolton Hill Road) (17-06-36).


3)  ORDER 02-10-30-10/In the Matter of Amending the FY 97/98 through FY 99/00 Bridges Agreement with OBEC Consulting Engineers for Design Engineering Services for Various Bridge Projects.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




Weeldreyer announced that the Fiber South and the Regional Fiber Consortium Executive Committee met and reviewed the information by the private sector PCIW.  She added that after working with Veneta and Lowell for the $90,000 grant, the committees discussed that for financial reasons they are recommending to modify the proposal so the build would go from Eugene to Florence.  She noted there was commitment from staff from Veneta and Lowell and there were opportunities to make connections in other cities.  She said it was a win-win for everyone.


Morrison met with the governor’s staff and they put together a plan for economic stimulus that will be presented at the next legislative session.  She announced that Friday was the opening of Guys and Dolls in Florence.










There being no further business, Commissioner Dwyer recessed the meeting at 10:45 a.m.



Melissa Zimmer

Recording Secretary