September 11, 2002

following HACSA

Commissioners’ Conference Room

APPROVED 12/4/02


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




Dwyer stated he had a letter to read from Senator Gordon Smith regarding the 9/11 incident after Commissioners Business.








a.  REPORT BACK/Herbicide Applications. (NBA & PM 8/21/02)


Mike Perkins, Public Works, noted they had received a list of questions the Board generated after a public comment session in August.  He said they responded to those questions.  He noted all of the questions revolved around cooperative effort with the Corps of Engineers to control knap weed along Clearlake Road. He explained they had the opportunity through the process to respond to the Board.  He said in reviewing the facts, he was confident that they were appropriately following their policy to treat and control knap weed, to work with other agencies, to respond to the request of the neighbors along the right of way and to do so in the proper manner with the appropriate tools.


Morrison said Public Works did an excellent job of answering the questions.  She noted there is always the other side of the story and sometimes people fail to acknowledge that Lane County is doing what it is supposed to be doing.


Weeldreyer echoed that Perkins and Public Works did a good job of answering the questions.


Dwyer stated the inquiries raised by Jan Wroncy were helpful because it required the department to review their policy and to work closer with the Corps of Engineers to make sure that government did no harm with its spray policy.


Sorenson requested that Perkins send a copy of the responses to the two people who had concerns about the spraying.




Weeldreyer read an article on the 9/11 incident.


Dwyer discussed free speech, camping and the total lack of respect for public policy.  He was disappointed the homeless campers hadn’t exercised respect toward the Public Service Building.


5.  EXECUTIVE SESSION as per ORS 192.660






a.  RESOLUTION/ORDER 02-9-11-9/Commemorating Those Affected by the Events of September 11, 2001.


MOTION: to approve ORDER 02-9-11-9.




VOTE: 5-0.


Green read the resolution into the record.


b.  ORDER 02-9-11-1/In the Matter of Appropriating Funds from the Operational Contingency of Video Lottery Economic Development Funds and Awarding a Grant in the Amount of $70,388 to Lane Microbusiness.


Peter Thurston, Economic Development, reported that Lane County recently completed a request for proposal process for economic development.  He said this matter was brought up for consideration because of a mistake in the calculations in the ranking score, not included in the final considerations.  He stated had the correct calculation been made, the project would have ranked fifth out of 22 projects by the Economic Development Standing Committee Evaluation Committee. He said the Economic Development Standing Committee recommended and the Board approved funding for nine of the top ranked projects.


Thurston explained the products proposed in the Lane Microbusiness proposal include training and skills development for low-income residents of Lane County.  He noted these skills would improve the success of participants in entering the work force and developing new business opportunities.  He commented the proposal has a high degree of collaboration, including seven partnering agencies.


Thurston stated the Board was not obligated to award this grant.  He said all of the procedures and time set up for contesting awards ran their course and Lane Microbusiness did not make any claim in that process.  He recommended this be approved as a matter of consistency with the other awards that were made and because it appeared from the high ranking it received, it was worthy of an award.


Dwyer asked the Board if they wanted to take out $70,388 out of the contingency fund. 


Thurston stated if they wanted to take that amount out of the contingency fund, $343,186 would be left.


Morrison was not in support of this.  She was concerned about the money they were spending on Lane Microbusiness.  She noted until she got her questions answered as to why Lane Microbusiness was not meeting its targets and until she saw their report to the state, she couldn’t support giving any more money.  


Weeldreyer asked if the Board awards the grant, how it would be used by the Lane Microbusiness Program.


Elaine Jacobs, Lane Microbusiness, responded they were asking for $70,000 that would focus on basic financial training for people to work in closer collaboration with OUR Credit Union to help manage their financial center and increase the amount of emphasis they put on that.  She added they would also be working with Oregon Public Networking to increase computer skills and literacy.  She said they would also be working with LCOG to discover the needs that rural people have, with a focus on enterprise development.  She said they would be providing entrepreneurial services and support for 30 people in Lane County.


MOTION: to approve ORDER 02-9-11-1.


Weeldreyer MOVED, Sorenson SECONDED.


Green stated he would support the motion based on the error in the calculation.


Dwyer left at 9:55 a.m.


VOTE:  4-1 (Morrison dissenting).


Morrison explained she would be working with Chuck Forester and the state.  She said she asked repeatedly for success numbers and until she sees the report, she questioned spending money on something without apparent results.


Sorenson suggested the Board get as much data as possible.  He asked if there was a check in process between now and when they allocate the money.


Thurston responded there are quarterly reports and the outputs and outcomes for every project that was awarded.  He noted that stipulated in the RFP would be the first report on January 15, the Economic Development Standing Committee has a schedule it has laid out for reviewing those in establishing recommendations for the next RFP process that the Board would look at in May of 2003.  He added that connected with the outputs and outcomes are professional terms for measuring the result of projects.  He added they are written into the proposal and into each of the proposals awarded under the RFP.  He noted the Economic Standing Committee would be reviewing them.  Continuing, he said drawing against the existing awards of the grants would be based upon progression along the path described in the proposal followed by a final report.  He stipulated that the final report would provide details of what the successful applicants had been doing under the awards.


c.  DISCUSSION/Outside Attorney Conflicts of Interest.


Wilson explained that Jerry Lidz, Harang Long, had requested a waiver of a likely conflict of interest for work on intergovernmental agreements.  She noted that Lane County and the City of Eugene have intergovernmental agreements.  She said because Lidz’s firm is also representing Lane County on several pieces of litigation, (including PERS) it could put his firm in a position of a likely conflict of interest when they represent their normal client, the City of Eugene.  She noted when she sent this out electronically, Sorenson asked to have a discussion about the topic.


Sorenson asked why they were discussing this in open session and not in Executive Session.


Dwyer responded they were not discussing specific cases, they were discussing the concept enumerated in the manual.


Sorenson suggested the manual be changed from “arising out of representation of a private client” as this had to do with public entities.


Wilson agreed and stated she would be bringing back a Lane Manual change on the Consent Calendar to handle the problem.


Sorenson asked how many conflicts had arisen.


Wilson responded the policy was adopted in 1998 and there had been two conflicts.


Lidz stated they asked for this waiver because most of the time when the City of Eugene asks them to review an intergovernmental agreement that includes Eugene, Lane County and Springfield and other jurisdictions, staff had negotiated an agreement off a form.  He said the City of Eugene would ask them to review the IGA to see if it was okay.  He responded he couldn’t do that without a waiver of the likely conflict of interest from Lane County.  He noted there was not much adversity and if there were, it would be unrelated to the matters of their firm representing Lane County.  He wanted to be in the situation where if they saw an issue on an IGA that would be of concern to the city, they could call Lane County’s attorneys to discuss it instead of going through the waiver process.  He said from their perspective, there is no conflict of interest with loyalties that would come to play with an IGA.


Sorenson suggested changing the Lane Manual resolves the aspect of the conflict.  He added the second issue he had was Executive Session, because of the specifics of the waiver request.


Wilson noted she would change the manual for Executive Session to “may be considered” to go into Executive Session.


Dwyer noted that Sorenson had expressed an objection to discuss this in open session, so they would discuss it in Executive Session.


d.  LETTER/Senator Gordon Smith


Dwyer read a letter into the record from Senator Gordon Smith on the 9/11 incident.




a.  REPORT/OSU Extension Service Updates.


Bo Freeman, Extension Service, gave his report.  (Copy in file). He announced “Women Secure Your Future, ” a four part-series in late October that examines finances.




a.  Announcements






a.  ORDER 02-9-11-2/In the Matter of Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Clear Lake Road MP 1.67 to MP 4.23, Based on the Design Concept in Exhibit A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road.


Sonny Chickering, Public Works, stated this was the first of the 2004 projects where they would bring design concepts in front of the Board to move ahead towards construction.  He said Clear Lake Road is in the Dunes City area and it would be the third phase of a series of projects that was requested by the City of Dunes City to provide paved shoulders around the lake in their community.  He noted they had the public hearing on behalf of the Roads Advisory Committee with a public testimony comment period.  He said they took the proposed design concept to the Roads Advisory Committee and sent it out for public review.  He recommended the attached design concept for consideration by the Board.  He noted the public comment had been non-controversial.  He noted there were a few people concerned about the impacts associated with widening the bridge over Gibbs Creek.  He said it would be an area of concern to the Corps of Engineers, Division of State Lands and National Marine Fisheries.  He added there would be an extensive permitting process involved with widening the bridge.


Chickering recommended the Board adopt the concept that calls for widening the bridge based on good standard roadway design practice, having a uniform pavement and shoulder available for pedestrian and bicyclists throughout the project.  He said they will make a case for widening the bridge with the regulatory agencies and might not approve the impacts associated with widening the bridge.  He noted the design concept was worded in such a way that no matter what the resolution is with the regulatory agencies, they will proceed with the remainder of the project.  He added if they were not able to get permits for the bridge widening, they would overlay across the bridge.


MOTION: to approve ORDER 02-9-11-2.


Morrison MOVED, Green SECONDED.


Sorenson stated he was opposed to the project as it encroached the wetlands.


Chickering said they have to approach this with a strategy.  He asked what was the best system for the users.  He stated the appropriate thing would be to provide the paved shoulders across the bridge.  He noted the regulatory agencies might not allow them to widen the bridge.  He thought from a risk standpoint it was important to pursue the bridge widening.


Sorenson asked what role Lane County had with speed on the road.


Chickering responded that driving slower would protect pedestrians and bicyclists but at this point there was no space dedicated for their use. He supported having paved shoulders but as far as speed increases, they had not observed that.  He noted this project was a widening overlay, not a reconstruction.  That means they will be using the existing horizontal and vertical alignment.  He noted there was enough curvature in the roadway to keep the speeds down.


VOTE: 3-1 (Sorenson dissenting).


b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 11-02/In the Matter of Amending Chapters 10 and 16 of Lane Code to Revise the Telecommunication Tower Standards, and Declaring an Emergency.


MOTION: to approve the First Reading and Setting Second Reading and Public Hearing on Ordinance No. 11-02 on September 25, 2002 at 1:30 p.m.


Green MOVED, Morrison SECONDED.


VOTE: 4-0.


Stephen Vorhes, Assistant County Counsel, noted the Agenda Team set the Work Session for next week, but Kent Howe would not be available and it might be moved to the following week.


c.  ORDER 02-9-11-3/In the Matter of Appointing Members to the Land Management Task Force.


Snowden distributed a tally sheet that shows the list of applicants and the commissioners’ preference.  He explained they sent a letter to Land Watch, 1001 Friends of Oregon, the realtor groups and the homebuilders, asking for nominations.  He added they had recruitment for the public at-large positions and reopened the process.  He noted they received 11 more for a total of 18 public at-large applications.


Green noted the state building code director chose not to participate.  Green was in favor of expanding the public at large position.


Morrison concurred.


Weeldreyer wanted a seat for a professional planner as a stakeholder group.


Morrison agreed.


Weeldreyer noted the Board was unanimous that from Land Watch they would choose Richard Fairbanks.  She noted the 1001 Friends of Oregon had nominated Lauri Siegel.  The Board of Realtors had one seat and four of the commissioners voted for Cheryl Neu  The Home Builders Association nominated Alan DeGenault.  She noted  the public at-large appointees would be David Crowell, Terry Monroe and Larry Olson with Mike Evans for the Land Use Consultant.


Vorhes was concerned about the even number of members on the committee.


Sorenson suggested having the Human Resources Manager as a non-voting member.


MOTION: to approve  ORDER 02-9-11-3.


Green MOVED, Morrison SECONDED.


VOTE:  4-0.


Morrison asked if would be better if the operational pieces were in place before they examine the policy pieces.


Snowden said there were issues they could deal with administratively.  He noted they were looking at the permit process and subjecting it to the rapid process improvement exercise of the Strategic Plan.  He hoped that by October they would have it in place and running.  He commented that Kay Blackburn, Internal Auditor, was looking at other agencies, benchmarks and performance measures.  He said they could deal with that administratively.  He added they have a consultant that will be doing plan checks for them.  He said the issue of long range planning and funding are policy issues that need to be examined now.


Dwyer returned at 11:10 a.m.


Sorenson suggested notifying all of the applicants who were unsuccessful and that the Board Chair signs the letter to the successful candidates.  He suggested canvassing them for available meeting dates.




A.  Approval of Minutes:

August 13, 2002, 1:30 p.m. Work Session


B.  Assessment and Taxation


1)  ORDER 02-9-11-4/In the Matter of A Refund to Urban Renewal Agency-Eugene in the Amount of $125,483.29.


C.  Public Works


1)  ORDER 02-9-11-5/In the Matter of Awarding a Contract to Wildish Construction Company in the Amount of $240,427 for Grading, Basing, Paving and Sewers – Jasper-Lowell Road (M.P. 10.40 to M.P. 10.55), Contract No. 02/03-03.


2)  RESOLUTION AND ORDER 02-9-11-6/In the Matter of Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for the Reconstruction and Improvement of Lingo Lane (County Road No. 450), Noraton Road (County Road No. 200) and Highway 99 East.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 5-0.




a.  ORDER 02-9-11-7/In the Matter of Creating a Classification and Salary Range for Risk Management Coordinator.


Greta Utecht, Management Services, reported that over the past year they had seen more work and focus on work place safety and risk management issues in the County.  She noted this position is a reclassification of the former claims investigator position that was with County Counsel’s office.  She said they had worked to reconfigure the work flow.  She commented that the Senior Legal Secretary in County Counsel’s office is a certified legal assistant and as such can handle a great deal of the claims investigation and administrative duties.  She said that, over time, the position had evolved so it is more of a training position.  They thought it would be better working out of risk and benefits instead of the County Counsel’s office because it was closer to connection with the risk management program.  She added point factoring came up to the same as the claims investigator.  She asked the Board to approve the order.


MOTION: to approve ORDER 02-9-11-7.


Green MOVED, Morrison SECONDED.


Wilson noted there was no budget impact plan.  She said her concern is that if they get a huge claim, they would have to hire outside for claims investigation.  She added it didn’t make sense to hire a highly trained claims investigator for the one big claim they might get every five years. 


Dwyer stated he wanted a policy where the money returns to the general fund when a position comes open because there is a financial impact on the positions.


Utecht noted the position review opportunities committee addressed the same issue and had strategies to be presented on October 29.


VOTE: 5-0.




Morrison announced the Day of Caring would be next Friday, September 20, 2002.


Weeldreyer noted the McKenzie Watershed Council is meeting on Thursday and an item on the agenda is the proposed location for Peace Health Hospital.  She reported that Cottage Grove had a growers festival at the Village Green.




a.  Michael Adler E-Mail (8/20/2002).


Weeldreyer noted this was a Creswell resident who was proposing changes.  She requested rolling this as she did not have a copy of his e-mail.






There being no further business Commissioner Dwyer recessed the meeting at 11:30 a.m.




Melissa Zimmer

Recording Secretary