July 30, 2003

9:00 a.m.

Commissioners’ Conference Room

APPROVED 2/10/04


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. Acting County Administrator Dave Garnick, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




Sorenson stated there would be the ratification of the agreement with the Lane County Prosecuting Attorneys Association and approving non-representative employees and retirees. He said they would be under 12. a. and b. He noted 14. a. will be taken up after public comment.




James Harrange, 86451 Needham Rd., stated he is a neighbor of Jim Gillette and he has a different point of view. He presented an open letter to the Board concerning the Gillette property. He noted that 45 neighbors had signed the letter. He said they requested that Gillette make use of his property in compliance with County ordinances and regulations.


Mona Lindstromberg, 87140 Territorial Rd, Veneta, commented on long range planning. She hoped the Board would review the cell phone tower ordinances. She said the Board needed to be proactive for waterways. She also suggested greater setbacks.


Terry Witt, 3416 Commercial S. E., Salem, read his letter into the record. (Copy in file).


Aimee Code, 445 Jackson, Eugene, spoke about the herbicide ordinance. She noted the current policy is good and succeeded in limiting herbicide use but it hit its peak and stopped progressing while technology continued to advance to effectively manage roadside spraying. She thought the ordinance today brings closer the goals of reducing the risk to public health while managing the roadsides, minimizing toxics in the water and beautifying the road with beneficial native plants. She hoped the Board would vote in support of the ordinance.

Jim Gillette, 86340 Needham Road, addressed the letter that was turned in by his neighbors. He commented that most people who signed the petition didn’t adjoin his property.


Green commented that line 3, second page, stated that Gillette had repeatedly disregarded the codes of Lane County. He concurred with that. He said the County has to make sure this activity does not exist illegally.


Lininger thought the letter was reasonable. He thought Gillette was entitled to a letter that outlines the way he is violating land use laws. He commented that Gillette was currently violating land use laws.


Gillette stated he never had a chance to have a hearing.


John Sundquist, 31139 Lanes Turn Road, Coburg, stated he supported Dwyer’s version of the last resort ordinance.


Dick Anderson, 84435 Highway 101, urged the Board to take a position opposing the proposed casino in Florence. He hoped the Board would come to the same conclusion after they studied the problem. He stated that if the casino were built, there would be a 300% increase in traffic and that Highway 126 is already dangerous. He said the users of the casino don’t pay property taxes and he commented they would compete unfairly with the motels in town that have to pay taxes. He thought the casino would damage the economy.


Mary Moffat, 88197 Nelson Mountain Road, Walton, appreciated the Board’s progress in reducing chemicals. She stated she is involved in the study of herbicides and pesticides. She said it was the citizens right to protect children and the environment.


Kathy Ging, 2878 Harris St., Eugene, was concerned about the negative impact on the effects of spraying. She commented the legal liability is not for protecting citizen’s health.


Robert Donohue, 778 Irvington, Santa Clara, stated he was sprayed 10 years ago with herbicides that were used in the County. He supported cutting down on the herbicide program.












a. RESOLUTION AND ORDER 03-7-30-1/In the Matter of Proclaiming August 2003 as Breastfeeding Support Month and Proclaiming the Week of August 1, 2003 as Breastfeeding Week in Lane County.


MOTION: to approve RESOLUTION AND ORDER 03-7-30-1.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


Green recommended having a pre-natal care week.




a. CONTINUED DISCUSSION/Possible Meeting with Cities Regarding Transportation Funding (NBA & PM 7/2/03).

Tony Bieda, Intergovernmental Relations Manager, reported the OTIAIII funding passed the legislature and was signed into law by the governor. He noted it was a combination of increases in titling, vehicle registration fees and other fees at the DMV starting January 1. He said the increases would go toward paying for a combination of maintenance and preservation projects across the state, for bridge improvements and modernization. He noted for this fiscal year, the pro-rated amount of the proceeds would be a minimum of three months.


Tom Stinchfield, Public Works, indicated the amount would be about $1.4 million to Lane County for maintenance and preservation. He discussed the different options (copy in file).


Lininger asked what the distribution formula would be.


Ollie Snowden, Public Works, responded it was road miles. He said if they stick with road miles, it favors the smaller cities, if they moved exclusively to population, it favors Eugene and Springfield. He thought a split would be reasonable. He noted the big issues are whether or not to continue with the base payment. He noted the current base payment is $35,000 per city. He said in taking the new increment, they could either leave the base payment, or increase it for the small cities. He added the larger cities thought the payment should be incremental.


Dwyer commented that if the state had intended for the cities to get all of the monies, it would have been given to them. He was willing to talk to the cities on working together but he wasn’t willing to put on hold a tax. He said the tax repeal would come first. He wasn’t willing to have a discussion about utilizing any more of the County’s revenue or new money as long as the transportation utility fee remains on the books.


Sorenson suggested reviewing this and not taking action at this time. He suggested bringing this back in three weeks.


b. PRESENTATION/East Lane Commissioner Candidate Presentations.


Green indicated he sent the Board an e-mail suggesting going from 16 applicants to a number that would be fair so they don’t rush through the interview process. He suggested having up to two candidates per commissioner that would move it to 10 applicants at a maximum.


Lininger supported Green’s suggestion.

Lininger recommended Al King.


Green recommended Gordon Howard..


Sorenson recommended Martha Roberts.


Dwyer recommended Joachim Schulz.


Morrison recommended Gary Williams.


Lininger recommended Mike Dean.


Sorenson recommended Don Hampton.


Sorenson explained that the Board was going to ask each applicant to come in 15 minutes before their scheduled time. They will start at 9:00 a.m. and have an hour per candidate, including a five-minute introduction. He said there would be questions by sequence of districts up to 10 minutes per commissioner for interaction with the candidate and at the conclusion they will ask the applicant to summarize and review the 10 questions asked on the application.


c. PRESENTATION/Auditor Work Plan.


Kay Blackburn, Internal Auditor, reported she was developing her work plan for the current fiscal year. She asked for input from the Management Team about the projects on her list. She gave the Board a list of projects to prioritize. She asked the Board to return the list to her within the next two weeks.




a. Announcements





a. REPORT/Casino-Hatch Tract Near Florence.


Bieda reported the decision was made by the governor’s office in the last 10 days to not appeal a federal district court decision that the Secretary of the Interior had acted within her authority when she decided to grant restored land status to the Hatch Tract to make it eligible under the Indian Gaming Regulatory Act for a site for a casino. He said because the state is a key player in regulating Indian gaming in Oregon, they have a role to play in how local governments get their concerns on the table. He noted the prior administration did execute a gaming compact with the tribes that will operate the casino. He said the compact provides 60 pages of rules and regulations and expectations in which the concerns could be vetted. He said if there are additional issues of local concern by either county or city governments, those issues would have to be brought through the state through the executive departments. He added that if they are appropriate, they could be developed as amendments to the compact and negotiated with the tribe subsequent to their being identified. He said it was an opportunity for Lane County to work jointly with the City of Florence to develop a list of issues of local concern that could be brought back for review by the Board of Commissioners and the Florence City Council and conveyed to the governor’s office for potential inclusion in amendments to the compact.


Bill Morgan, ODOT, noted that tomorrow there would be a follow up meeting with ODOT, the City of Florence and a tribal member, representing the engineering portion to further discuss the project. He said they would be discussing the trip generation. He noted that Highway 126 would be looking at any proposed access to the roadway. He said the City of Florence, Lane County and ODOT would review the area to evaluate it. He added that ODOT would take a lead role.


Morrison stated she went through the compact and once the decision was made that there was not going to be a future appeal, she thought they should be proactive. She noted there were only ten pages that have any bearing on what involvement they could have. She said it wasn’t Lane County’s decision to make, but whether the state would allow Lane County to be there. She commented she had been disappointed regarding the state, the city and the tribe regarding the confusion and the information that had been shared had not always been truthful or factual. She thought by everyone being at the table at one time, there would be no agreements that the others did not know about. She said the state was receptive to that. She thought it would be in late fall. She thought Lane County could have input regarding the economic development fund. She said they need comparables regarding traffic. She thought there would be a win-win for everyone. She thought there would be an amendment to the compact with the state where anything with the County and the City would be done through a memorandum of understanding. She stated she was never a supporter of the casino and will never be.


Green thought it would be in Lane County’s best interest to have Morrison included in any of the talks, especially at the high level.


MOTION: to have Morrison present at meetings regarding the casino.


Dwyer requested that any substantive decision where County approval is required needs to go back to the Board.


Morrison noted the list submitted would have to be approved by the Board of Commissioners to take to the table.


Dwyer resented the process. He stated in Section 22 it stated that the legislature shall not authorize and shall prohibit casino style gaming in Oregon and the governor used the fact that Oregon had a scratch off type of lottery. He thought that gambling preyed on the weak. He would rather see the tribe go into a legitimate business. He thought Morrison and the community needed to be involved and they need to find a way to appeal the governor’s decision.


Morrison requested a letter of support.


Dwyer wanted to re-affirm Lane County’s opposition.


MOTION: to reaffirm the original resolution as a statement to the community in Florence that the Board of Commissioners found it offensive.


Dwyer MOVED, Morrison SECONDED.


Morrison said they could bring this back August 12 and have the resolution in front of them.


MOTION: to direct the Intergovernmental Relations Manager to draft a letter for board approval to have the governor appoint West Lane County Commissioner Anna Morrison to an informal working group to represent Lane County.


Green MOVED, Lininger SECONDED.

VOTE: 5-0.


Morrison stated she would take the draft letter and a copy of the resolution the Board passed in 1992 and put them together.


b. REPORT BACK/Reviewing and Approving the Long Range Planning Work Program and Implementation Plan (NBA & PM 5/6/03).


Kent Howe, Land Management, explained they were adding three positions at the recommendation of the Land Management Task Force. He noted they were being added to the Long Range Planning Program. He commented that one FTE would be devoted to periodic review and one for staff support in the metro long range planning project. He noted that would take care of two of the four positions that would be in the long range planning program and the city and e-government access would comprise another FTE. He also wanted to reserve a .5 FTE position for things that were unknown. He reviewed the attachments. (Copy in file).


Morrison thought the first priority is that they take care of all the plan amendments that people had been waiting for almost two years. She said people have paid money to do a specific task but the County had not accomplished that. She supported this if they could take care of the amendments and start delegating people to do other work.


Howe agreed with Morrison. With regard to the telecommunications ordinance, he commented the process was important for citizens to feel that they had been heard. He thought the telecommunications revisions could be done within six months. He added it was going through the public process and adoption by the Board. He noted there are three areas with the telecommunication limits they plan to work on. He noted one issue had arisen on the notice provisions when the tower happens to be on federal forestland. He said that notice is required to adjacent property owners. He added another aspect deals with signature of the owner of the property. He added the third area was notice to the community groups and the peer review.


Morrison was cautious about spending Title III money for long range planning.


Lininger thought they only had .5 FTE to work with. He recommended working on the library district, Region 2050 and parks and open space, which adds up to .7 FTE. He added if an FTE had to be added, he suggested taking it from the bottom of the list.


Green recommended on the Matrix Check list, page 3 that the West Eugene Parkway be taken off.


Morrison asked what would happen if video lottery funds are not available.


Howe responded that they diversified the funding revenues that support the long range planning program, title recording fees, and road funds. He noted those funding sources would provide adequate funding for certainty with three of the long range planning positions and one position they are holding off on until the legislature finishes.


Morrison wanted to put the projects on hold until such time as they get all of the applications that people had already paid for.


Green asked what the backlog level was.


Howe noted the current Planning Department is half of the planning program and the other half with long range planning. Under the current planning program the resources have taken a downturn in the economy and staff resources, but the Board direction was to maintain customer service and keep the front counter open. He noted that they have had to pull staff from processing applications to keeping the front counter open and that has cast resources from processing applications inadequate to keep up with the demand. He added the backlog is starting to be taken care of irrespective to long range planning. He noted within a two to three month period the backlog would be taken care of.


Green requested an action plan for the next 90 days to be submitted to the Board to show what had been accomplished within the past 90 days. He wanted to see how the backlog was adjusted, how they decreased the workload by which means and which source.


Howe reiterated the follow up would be that as they hire additional staff, they would start allocating them towards the projects. He noted the first position that would come on would start in the metro small city area. He added as the next position comes on, (at the end of the legislation session), they would start addressing the list of projects on the second page of the checklist.


Snowden wanted Howe to give the Board exactly what the work program is so there is a clear understanding of what is on the table for him. He wanted to work with Jeff Towery to come back to the Board for periodic reports and progress on these items.

c. ORDER 03-7-30-2/In the Matter of Increasing a Land Management Technician Position from 0.8 FTE to 1.0 FTE and Increasing the Public Works General Fund FTE from 31.6 to 31.8 Effective August 1, 2003.


Howe explained this is a Land Management technician position that exists in the administration section that has been vacated due to a promotion. He said it is currently at a .8 FTE and this is a request to move it to a full FTE.


Green MOVED, Lininger SECONDED.


VOTE: 4-0 (Dwyer excused).




A. Approval of Minutes:


April 8, 2003, Work Session, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 03-7-30-3/In the Matter of a Refund to Foster Foods of Oregon, Inc. in the Amount of $12,215.69.


2) ORDER 03-7-30-4/In the Matter of a Refund to Vivendi-Universal Interactive, Inc. in the Amount of $12,971.11.


3) ORDER 03-7-30-5/In the Matter of a Refund to Eugene Tower Associates in the Amount of $57,562.29.


C. Children and Families


1) ORDER 03-7-30-6/In the Matter of Delegating Authority to the County Administrative Officer to Execute the Oregon Commission on Children and Families Intergovernmental Agreement in the Amount of $428,601.


2) ORDER 03-7-30-7/In the Matter of Delegating Authority to the County Administrative Officer to Execute the Oregon Commission on Children and Families Healthy Start - Medicaid Administrative Activities 2003-2005 County Intergovernmental Agreement Not to Exceed $705,000.


D. Public Safety


1) ORDER 03-7-30-8/In the Matter of Ratifying the Amendment No. Two (2) Cooperative Agreement with the U.S. Department of Agriculture, Forest Service, Pacific Northwest Region, Law Enforcement and Investigations to Enhance State and Local Law Enforcement on National Forest System Lands.


E. Public Works


1) ORDER TO DENY/Denial of Proposed Withdrawal of County Road Status (But Not the Public Road Status) From a Portion of Duncan Island Road (County Road Number 1357) Which Lies Between the Siuslaw River and the Duncan Slough, Approximately One Mile Southwest of its Connection with Bernhardt Creek Road, and Being Located in Section 15, Township 18 South, Range 11 West of the Willamette Meridian (18-11-15). (NBA & PM 5/8/02, 6/26/02, 8/14/02, 8/21/02 & 6/25/03)


2) ORDER 03-7-30-9/In the Matter of Adopting Policy Statements for Code Enforcement Guiding Principles and Philosophy and Priorities for Code Enforcement as Recommended by the Land Management Task Force.


F. Workforce Partnership


1) ORDER 03-7-30-10/In the Matter of Appropriating $273,919 of Revenue and Expense Authority in Fund 249 and Adding 1.0 FTE Employment Specialist II Position in the Workforce Partnership Department.


MOTION: to approve the Consent Calendar.


Green MOVED, Lininger SECONDED.


VOTE: 4-0 (Dwyer excused).




a. ORDER 03-7-30-11/In the Matter of Approving the Request of Heceta Water District for a Temporary Waiver of the One Million Gallon per Day Limit on Water Withdrawals from Clear Lake.


Vorhes reported he received a letter from the City of Florence and the Heceta Water District conveying the City of Florence’s request for the Heceta Water District to be able to draw more than one million gallons per day out of Clear Lake to provide water to the City of Florence. He noted that the Heceta Water District built a new filtration system for 1,250,000 gallons per day. He noted they are using the easement that Lane County granted to them. He said they need a wavier from the County to exceed the limitation of the easement. He said they contacted Aaron Jones on his easement and he will allow them to continue for this summer to give as much as they can to the City of Florence.


MOTION: to approve ORDER 03-7-30-11.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.




a. ORDER 03-7-30-12/In the Matter of Creating a Classification and Salary Range for Environmental Health Supervisor.


Cindy Tofflemoyer, Management Services, reported this is a board order to create an environment health supervisor classification and salary range. She noted the public health engineering classification has been used in Health and Human Services since the split of environmental health into facilities inspection and subsurface sanitation. She said that Human Resources determined that over time the scope of the classification has broadened from restaurant and pool inspection and will have more responsibility in environmental health policies and procedures with the additions of animal bites and food borne disease responses, bioterrorism preparedness and planning and program budget oversight. She added internally the range is comparable with the mental health supervisor, corrections health nurses supervisor and public health nursing supervisor classification. She recommended approval of this order.


MOTION: to approve ORDER 03-7-30-12


Green MOVED, Morrison SECONDED.


VOTE: 4-0 (Dwyer excused).




a. ORDER 03-7-30-13/In the Matter of Approving Benefit Changes for Non-Representative Employees.


Greta Utecht, Management Services, reported they ratified four contracts: AFSCME, 626, Admin Pro and Prosecuting Attorneys. She said all of the groups had made changes in the benefit provisions from what is being granted by the County. She explained this would make similar changes for non-represented employees. She took this proposal to the department directors and they had a discussion about it. She noted there was approval that this was the way to go. She explained that the deductible for health insurance would go from $75 to $100, the out of pocket would go to $1,500. She noted that non-represented employees would have a three tier drug formulary that is $15, 30 or 35 co-pay, based upon the type of drug that is prescribed. She noted the advantage to the three tier formulary is that it includes the by mail provision and if people are on maintenance drugs, they could get three months of a prescription for a two month co-pay. She said the directors recommended that time management sales for non-represented employees be restricted to 70 hours for next year. She noted that small restriction would allow enough savings to delete the three-year wait period between Step 11 and Step 12 on the compensation plan. She recommended approval of the order.


MOTION: to approve ORDER 03-7-30-13.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.


b. ORDER 03-7-30-15/In the Matter of Ratifying the Tentative Agreement Between Lane County and the Lane County Prosecuting Attorneys' Association.


Utecht stated she had been negotiating with the president of the Prosecuting Attorneys Association in an attempt to reach an agreement that would achieve the savings established by the budget committee for the employees in the general fund. She noted the prosecuting attorneys’ savings goal was approximately $18,000. She said this contract would change their health benefit package, would increase the deductible to $100 per month, with the total out of pocket remaining at $1,000, but the attorneys would also adopt the three tiered drug formulary of $10, $20 and $25. She said they had proposed to limit their sale of time management to no more than 40 hours, with the total savings exceeding $18,000. She noted with the additional savings, they are proposing that they each receive a savings refund of $80 per month per member. She added the other provision in the contract that is different is that the County agrees to undertake a classification and compensation analysis and use the four counties of Marion, Clackamas, Multnomah and Washington as comparables. She noted any changes would move it from a 12 step to a 7-step system. She indicated they would have two units on seven steps systems and the rest of the County on 12 step systems. She thought this was a benefit to the association and the County.


MOTION: to approve ORDER 03-7-30-15.


Green MOVED, Lininger SECONDED.


VOTE: 4-0 (Dwyer excused).


There being no further business, Commissioner Sorenson recessed the meeting at 12:15 p.m.


Melissa Zimmer

Recording Secretary