March 12, 2003

9:00 a.m.

Commissioners' Conference Room



Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




The Mt. Pisgah Bridge is added under 9. e.




Lynda Duffy, 940 E. 35th Avenue, Eugene, announced the Blues for Hues project for Lane County.She said this would become an annual event.She noted the kick off at the Wild Duck would take place on March 22 and at the Electric Station on March 19.She said that assistance was needed.


Paul Biondi, 615 38th Place, Florence, discussed Blues for Hues.He noted that administrative costs were low.He also stated they needed the Boardís support.


Sorenson read a letter from Wendy Doodelheim, 338 Storey Blvd, Eugene, into the record regarding the Mt. Pisgah Bridge.




Dwyer commented the legislature mismanages finances. He added they have no rainy day fund and they are affecting Oregonís credit rating by their actions.He said they need a source of revenue like an education tax.He did not support a sales tax.He said they need to amend the constitution to have the kicker money going into a rainy day fund so there would be a source of revenue to tax.


Lininger stated that with Measure 28, Lane County approved the measure because they wanted more funding for schools locally.He agreed there is a need to balance rural and urban school funding.


Sorenson explained that Lane County would prepare a budget that implements the decisions that the voters had made in the last few months. He didnít think it was a good idea to jump into alternatives.He said they have a duty to implement decisions that had been made.He thought Lane County should show good faith in trying to implement the voter decision and not make a unilateral move toward wanting it until they see the full magnitude of the impact.




a.ORDER 03-3-12-1/In the Matter of Proclaiming the Week of March 10, 2003 as Problem Gambling Awareness Week in Lane County.


Sorenson read the resolution into the record.


MOTION:to approve ORDER 03-3-12-1.




Dwyer commented that the government shouldnít be involved in gambling.


Morrison supported the resolution.She didnít agree that treatment was free when they look at the overall other impacts.She was concerned because casinos are now Oregonís top visitor attractions.She did not support the casino in Florence.She does not support the continuation in allowing tribes more casinos in the state.


Dwyer said they have to resist casino style gambling.He read Article 25 about gambling in Oregon.He said it was an affirmative direction to the legislature to prohibit casinos from allowing gambling.


Lininger noted there is a danger when the state and local government get revenue from vice.




5.EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.




a.REPORT/Extension Service.


Bo Freeman, OSU Extension Service, gave a report. (Copy in file.)


Morrison suggested that coordinators at Lane County work with the extension service regarding smoking.


Freeman noted they are working well with the Fair Board on disinfecting the fairgrounds.


b.UPDATE/Facilities Capital Improvement Projects.


David Suchart, Management Services, reported they completed the ADA projects with the last one being the Harris Hall restroom.He noted they spent $295,000 of the $300,000 that was allotted.


With regard to the Child Advocacy Center, Suchart reported they went out to bid and at this point have barely enough to fund the project.He said they have put it on hold because they will not build the building if they cannot operate it.He received a second extension from the construction company.He noted that gives time for Doug Harcleroad, District Attorney, to see where his budget will be.


Morrison asked if they donít go forward with the new facility, if the old facility would be able to function.


Harcleroad responded it would not be able to function. He noted they are $150,000 out of balance on the budget to run it at a low level next year.He said he was not asking for any new money, as he was not hiring people.


Morrison asked if the Child Advocacy Center might close by July 1.


Harcleroad responded it was possible.He said they would still receive $175,000. He noted the multidisciplinary interagency child abuse team money would hire an investigator to do the job.He said they could still interview children, but the building wouldnít be open and the medical exams would need to go somewhere else.He added they were within $10,000 of building it with a $200,000 contingency, but they might not be able to run it.


Dwyer commented that the decision not to build the center was prudent and fiscally responsible.He said if they canít operate it, they shouldnít build it.


Suchart explained there was a side effect with the child advocacy center with road issues that were involved.He said he is working with the Boy Scouts on the property negotiations.He added he is working on the Elections space issue. He said an elevator study had been completed.


Suchart reported the LCARA roof, the HVAC system and the cattery had been completed.He stated the Mental Health facility was partially empty.He discussed moving Family Law out of the rental space into the building.He reported he and Dwyer went to Salem on Thursday to meet with the state on the state office building.






Suchart reported they were halfway through the task force, discussing issues.He added the group had broken up into work groups working on specific portions of the project.He noted they were working on changes to the code and a draft of the changes was recently sent to Marc Kardell, County Counsel, for review.He said there were suggestions about licensing and cooperation.He said they will be working on spay, neutering and other funding.He wanted the task force to articulate what they want from the Board to see if the Board would give direction back to the task force before more energy is spent.


Suchart commented that in putting together the Animal Regulation budget this year, due to reductions in service from the City of Eugene and the fact that cash reserves are down, they are discussing the reduction of two staff people.He added unless something changed, that as of July 1, 2003, LRACA would be less able to carry out its mission than it is today.


Green hoped the scope of the work the task force was doing would be in conjunction with what the Board required.


Suchart noted that as part of the Strategic Plan with performance measures, the kennel was one of the pilot projects for measuring the progress and how effective the kennel is in doing its job.


Dwyer stated there are budget constraints and public health issues with animal control.


b.ORDER 03-3-12-2/In the Matter of Approving the Lane County Juvenile Crime Prevention Plan 2001-03 Budget Update.


Green explained this report is for the Boardís authorization to approve the plan.He noted this went through the Prevention and Juvenile Justice Committee.He said they made the recommendation for the cuts (as required by the state) at $139,560 in cuts.He said they were required by the state to take the reductions by the funding streams from March 1 to June 30.He added it was an amount of the total allocation over the biennium of $3.67 million.He said their recommendation was to approve the reduction.


MOTION: to approve ORDER 03-3-12-2.


Green MOVED, Morrison SECONDED.




Green noted he was on a conference call in the morning with the Juvenile Prevention Advisory Committee and the Juvenile Justice Advisory Committee.He said it was an open meeting discussing using funds that were unallocated from a grant from the office of Juvenile Justice Delinquency Prevention. They agreed they could use $1,013,000 that would go from JJAC to the JCPAC so the quarter payments the counties were facing in reductions would now be subsidized by the grant.He said this would be the right thing to do.He added it wasnít long term sustainable funding, but would help reduce the potential reductions the counties were facing.










a.ORDER 03-3-12-3/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Department of Public Works, Land Management Division, Subsurface Sanitation Fees (LM 60.852).


Jeff Towery, Land Management, explained that policy number 8 and the language they have in their contract with the DEQ identifies the expectation that the fees for the service will cover the cost of the service.He said their budget is related to personnel and their financial subsidy is determined by the increase in personnel costs.He noted that their business service had remained flat.He explained it is 3.5 FTE based on a formula devised by the state. He noted their program was understaffed. He explained that subsurface sanitation was expected to lose about $40,000 in the current fiscal year.He said that was a primary reason that Finance and Audit wanted to bring this message to the Board to mitigate the expected loses of the program in the current fiscal year.He added the significant change in the item from the time it was before Finance and Audit was driven by late budget information.He said at that time they were processing a 10% fee increase but there were additional costs and they had revised their recommendation to a 14% fee increase.He noted there is no increase proposed in the sanitation fees for the temporary hardship mobile home cases.He said the state administers the subsurface sanitation program for a number of the counties in the state.He said even after the proposed fee increase, Lane County would rank 22nd highest out of the 36 counties in the State of Oregon.He said their recommendation is that the Board approves the Board Order.


Morrison said she examined the comparison between Lane County and the other counties.She knew the increase wouldnít cover the shortfall.She agreed with the 14% increase.


Lininger supported the fee increase but didnít think it was wise to put this on new homeowners.He suggested making the fee more proportionate to the house.He asked if there could be a progressive rate structure.


Wilson explained a fee based on value is close to a property tax.She said the risk they would run if they shifted fees from a concept based on the cost of providing the service to a percentage of the value is that it could be challenged under the constitution as a real property tax.


Dwyer suggested using a systems development charge.He said there needed to be a progressive SDC to subsidize the smaller systems to have a way to not inhibit the ability of people who want their property in the country.


Green believed the fees were necessary.He supported the order.


Sorenson approved this matter.He wanted a system development charge based upon the size that is separate from the value of the house.He thought they should work on a revolving loan fund that could be used for economic development in rural Lane County.


Lininger asked why Land Management wasnít increasing the systems with projected daily sewage flows greater than 1,000 gallons.He noted the line sewers disposal permit shall be equal to the fee required above plus $100 for each 500 gallons above 1,000 gallons.He asked why that fee was raised proportionately.


George Ehlers, Land Management, responded that the installation is for a four-bedroom dwelling.He noted the 1,000-gallon flow is never done for a residence, it is for a commercial size.


Wilson noted under the commercial facility, the increase is from $110 to $125.She said if the Board wanted to do comparability there, they could change the $100 to $125 and they could get the Lane Manual correction made.


Lininger did not agree where the biggest homes are charged the same fees as the smaller home


Towery said if that was the direction the Board wanted to go in the future, they would spend time on it.He said it would be a change in philosophy.He said they could try to pursue it and they could bring it back at a future time.He said they would have to examine best practices and what other counties are doing.


Sorenson suggested approving this with the direction that Towery come back with the revision or if they donít approve this, with direction to come back with a revision.He added they could approve this when fees are needed to be raised again.


Towery said even with the rate increase, they would not break even in this program.He said their costs would continue to increase into the future.He said he would be back next year with a request like this and if the Boardís interest were to handle this service in a different way, building something more progressive into the system, his preference would be to do that in the next request to the Board.


Lininger approved this and favored this coming back to make the fee more progressive.


Snowden asked if their agreement with DEQ allows them to build progressivity into their fee structure.He noted the DEQ contract says they have to charge what the cost is to provide the service and no more.


Wilson said they would have to discuss it with the DEQ to make sure there are no problems.


Towery said the contract expects them to recover their costs and this would be an exercise in redistributing the cost to the customers as opposed to creating a system that would generate more revenue.


Dwyer stated next time Towery comes back for a fee increase to have those options as part of it.He thought it should go to Finance and Audit so they could move toward a solution.


MOTION:to move to approve ORDER 03-3-12-3 and to request that Land Management Division come back with options for increasing the relative progressivity of their fee structure the next time they come back to the Board for any fee increase.He added it is to go to Finance and Audit before it goes to the Board.


Dwyer MOVED, Morrison SECONDED.




b.ORDER 03-3-12-4/In the Matter of Prioritizing Strategies for Complying With the National Pollutant Discharge Elimination System (NPDES) Phase II Program, and Directing Staff to Submit a Permit Application to the Oregon Department of Environmental Quality (DEQ) for the County's Small Municipal Storm Sewer Systems (MS4).


Sonny Chickering, Public Works, reported in December he asked for Board direction asking for permit application options available to the County.He said after considering those four, that at the request of staff, the Board agreed they should abandon Options 1 and 2, applying as an individual permit, and applying as a co-permitee under Phase 1 with the City of Eugene.He added they would focus instead on Options 3 or 4, to apply for a general permit or to give notice and intend to rely on another entity. He said they proceeded as directed by the Board and had investigated Options 3 and 4 in detail.He said a report is in the packet (copy in file) and they presented the results of the report to the Roads Advisory Committee.He added that after discussion, the Roads Advisory Committee recommended a two phase strategy, to initially attempt to apply under Option 4, to give notice to rely on another entity with Option 3 as a back up plan, in the event they are unable to arrange a mutually satisfaction agreement with the cities of Eugene and Springfield.


Morrison asked how the discussions were moving forward with Springfield and Eugene.


Chickering responded they had conversations with both cities.He noted that Springfield had been willing to cooperate and get started. With the City of Eugene, there was some reluctance.He had a meeting with the City Engineer and there was reassurance on his part.He said they were concerned there would be City of Eugene vehicles and City of Eugene personnel performing activities in the River Road/Santa Clara area.He noted they still have to address construction site run off and elicit discharge.He said they didnít have a mechanism set up in the County to do either of those activities but the City of Eugene does.


MOTION:to move Option 4.






c.ORAL REPORT BACK/How Traffic Lanes Are Working (Pearl Street in Coburg) Three Months after Signal Is up and Working. (NBA & PM 8/28/02)


Chickering reported the construction was completed in November for Pearl Street.He said they did install the traffic signal as planned at Coburg and Industrial Way.He said they activated the signal on November 13 and the signal and traffic responded well.They noticed shadows with false detection. He noted the Board asked to add a second southbound lane on Coburg and Industrial.He said at first people were reluctant to use the outside lane.


Chickering believed the signal is operating well and they had corrected any problems they had. He said they are putting 50 to 70 vehicle through the southbound lane n the afternoon.He said reports from the nearby businessesindicate the signal is functioning better than expected and they did not havecomplaints.They are pleased with the results and donít think there are any major adjustments to be made.


d.CONTINUED ORAL REPORT/Jasper Road Extension. (NBA & PM 2/26/03)


Snowden stated they were making progress but they didnít have any agreement.He noted that Springfield and Eugene staff met with McDougal representatives and the Springfield City Council agreed to add money to help compensate the McDougals for the rail spurs.He wanted to come back no later than late April, when they either have an agreement or they have reached an impasse.


e.Mt. Pisgah


Sorenson noted the concern about this project was about the bridge at Mt. Pisgah. He said it involved safety issue in getting people and materials across the river and out of the park in the event of an emergency.He asked if there was support for the project from agencies concerned with emergency services.


Snowden recalled when Bob Keefer, Former Parks Manager, came to him in the mid-90ís he asked for a two lane bridge and paving.He noted in 1997, the Board added this project to the CIP.He agreed there needed to be a two-lane bridge.He added that Keefer was concerned about the aesthetics of the bridge entering the park.He said they considered expanding the timber bridge to two lanes and it turned out it was a cheaper initial cost than a concrete bridge, but the concrete bridge has a number of advantages over the timber bridge.He said a 1999 report led to the concrete alternative.He noted what was not in the report was all of the developments they had in the past three years relating to the Endangered Species Act.He needs to consult with the National Marine Fisheries when they are doing work over or in water.He said there were concerns that NMFS had about treated timbers over fish bearing streams.He said they could go back at looking at retaining the existing timber bridge but it is problematic because the deck on the bridge is soft and will needed to be replaced.He added the timber deck has preservatives on it and it will be a problem with NMFS.


Snowden stated that Keefer and Fay were concerned about aesthetics.He said they came to the Board two years ago and the Board agreed to add $90,000 to the construction costs so they could have an architectural bridge rail.He said the plans are to add a bridge rail that is similar to what the City of Eugene used on the structures north of the Ferry Street Bridge.He said they took this to the Parks Advisory Committee on Monday and they unanimously added their support to the bridge replacement.


Sorenson suggested a public hearing so the concerns that are being raised are more fully understood by the public prior to issuing the bid documents.


Snowden asked if there was a concern that the money could be better used for Parks. He added they couldnít do it because it is road fund money and is limited by constitution to road uses.He said if the Board delayed the project there would be some consequence.He noted if they rolled this to another construction seasonthe prices would go up.


Morrison stated her concern was that this had been on the CIP since 1997 and every year the CIP is proposed and goes forward, the Roads Advisory Committee holds a public hearing.She added after that public hearing, it goes to the Board and another public hearing takes place.She noted the Board approved all of the projects.She said there was ample time for people to give comment.She didnít remember anyone raising a concern about this project.She didnít want to have another public hearing.She was in support of the project as planned.


Dwyer supported having a public hearing but he was aware of critical timelines they have to meet and having another public hearing might impact the timelines.He asked if a one-lane bridge was sufficient and if it would have to be rebuilt again in the future.


Sorenson commented he didnít hear the public say they were totally against this.He heard them say that if public safety and cost is an issue they wanted more information before the Board goes ahead.He requested that the County not issue the bid documents and give them an opportunity to have a public process so the people could become more informed.


Green suggested the commissioner of the district meet with staff and discusses the issues with the people in his district and then brings back new information to the Board that would have an impact to the project that would be compelling enough to not go forward.


Lininger noted the compelling circumstance is the overwhelming budget crunch.He wondered whether the $1.3 million for the project could better be given to the cities.He said they need to put road projects in a broader context of what is most important for the citizens of Lane County.He couldnít support this project today.


Snowden recalled the Board had already approved this project.


MOTION:to postpone the Mt. Pisgah project until such time as they have a public hearing.


Sorenson MOVED.


Dwyer suggested having a night meeting so people could ask questions.


Sorenson concurred with Dwyer.


Sorenson amended his motion to include Dwyerís suggestion of having a public meeting and public hearing and the Board ask that the documents for this project not be signed until they accomplish those goals.


Lininger SECONDED.


Snowden noted if they were to build the bridge this year, they have to open bids next Friday.He added it doesnít commit them to anything until the contract is awarded.He said they would put together an open house in the park to have a drop in session for people who want to see what they are doing.He suggested having a night meeting over spring break week and then a public hearing on April 2.


Sorenson reiterated the contract would not be awarded, the bids would be open, they would have one public drop in meeting and there will be a public hearing on April 2.


VOTE:3-0 (Green, Morrison excused.)




A.Approval of Minutes:None.


B.County Counsel


1)ORDER 03-3-12-5/In the Matter of Amending Chapter 9 of Lane Manual to Update Sections Pertaining to Treatment of Communicable Disease (LM 9.005).


C.Management Services


1)ORDER 03-3-12-6/In the Matter of Authorizing the County Administrator to Execute a 15 Year Lease Agreement with St. Vincent De Paul Society of Lane County for County Owned Real Property Identified as 1308 and 1396 Jefferson Street, Eugene for the Purpose of Providing Affordable Housing (Map No. 17-03-31-31 Tax Lots 13000 and 13600).


D.Public Works


1)ORDER 03-3-12-7/In the Matter of the Vacation of an Unnamed Road in Grandview Orchard Tract, as Platted in 1913 and Recorded in Book 6, Page 29, Lane County, Oregon Plat Records, Located off Camas Swale Road, Without a Public Hearing, and Adopting Findings of Fact (19-03-16).


2)ORDER 03-3-12-8/In the Matter of Releasing and Dedicating, Parcel "A", J.R. Stults Plat, Book 39, Page 29, a Parcel of County Owned Real Estate, as a Public Road (17-04-24-31) (Stults Avenue).


Dwyer requested that item 10. D. 1) be pulled.


MOTION:to approve the remainder of the Consent Calendar.


Dwyer MOVED, Lininger SECONDED.




Dwyer asked if the extension to Camas Swale went into public lands.


Lininger explained the Camas Swale matter to Dwyer.


Dwyer was in agreement with the order.


MOTION:to move to approve ORDER 03-2-12-7.


Dwyer MOVED, Morrison SECONDED.






a.FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 2-03/In the Matter of Amending Chapter 6 of Lane Code to Add a Provision Prohibiting Discharge of Weapons in Property Owned or Operated by a Park and Recreation District (LC 6.510) (Second Reading and Public Hearing: Wednesday, April 2, 2003, 1:30 p.m., BCC Conference Room).


Wilson explained this was a request from the Willamalane Parks District to add a provision identical to one that currently applies to Lane County Parks so it becomes enforceable.


Dwyer recalled this was a request from Willamalane.He reviewed the initial ordinance and rejected it because there were no provisions that allowed someone that wanted to go duck hunting to go through a public park and not be arrested for having a weapon.He had them change the language.


MOTION:to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance NO 2-03 for April 2, 2003, at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.






a.ORDER 03-3-12-9/In the Matter of Appointing Two (2) New Members and Three (3) New Associate Members to the Human Rights Advisory Committee.


Laura Yergan, Management Services, explained Dr. Bhavani Manheim and Wendell Freeman were recommended for appointment to the Human Rights Advisory Committee.She added there were three associate members being recommended for appointment:Nicholas Weldon, Jackie Scott and Kelly Lee.


MOTION:to approve ORDER 03-3-12-9.






b.ORDER 03-3-12-10/In the Matter of Adjusting the Salary Range for the Public Health Manager in the Department of Health and Human Services.


Cindy Tofflemoyer, Management Services,reported this was to amend the request for classification and salary range for the Public Health Manager.She said this reflects the increased knowledge responsibilities and accountability demanded for the scope of programs that have been added to the position over the past several years. She noted the management responsibilities encompass a broad range of staff and multiple bargaining units.She added this position is the number three in chain of command for the emergency operation center.


Tofflemoyer noted the current knowledge skills and abilities necessary to successfully manage Public Health were point factored and fall into Grade 44, a range of $53,248 to $73,694.She added the funding for the increase in the position will be covered through a lapse in an Office Assistant resignation early this year and the next fiscal year it has been built into the base budget of Health and Human Services.She noted the changes listed in the impact numbers are incorrect and the impact for the first year is $2,184 and the impact for the second year is $7,034.


MOTION:to move to approve ORDER 03-3-12-10.






c.ORDER 03-3-12-11/In the Matter of Adjusting the Salary Range and Re-Titling the Existing Real Property Superintendent to Right-Of-Way Manager in the Department of Public Works.


Jan Wilbur, Management Services, explained this is to adjust the salary range and retitling the existing Real Property Superintendent to Right of Way Manager in the Department of Public Works.She noted that Public Works asked Human Resources to review the classification and salary range because the position had changed over time and they believe the current class specifications, title and range were no longer adequately reflective of the position.She noted the position is currently factored at a Grade 38.She added the incumbent that was in the position had retired and submitted a position description questionnaire.She stated the main purpose of the position is management direction and coordination of right of way, including permits.She asked the Board to approve this position.


MOTION:to approve ORDER 03-3-12-11.








Dwyer stated the Board needed to start thinking about progressive taxes, (if you are over 60 years old you donít pay property taxes) and to find a way to fund the schools that allows maximizing tax premiums.


Morrison announced that this weekend is the Daffodil Drive.She noted on Saturday night is the Florence Rotary Auction to raise funds for scholarships.


Sorenson reported he attended the NACo Legislative Conference in Washington, D. C. and the issue was homeland security and whether or not the Bush administration would provide funding for first responders.He attended meetings regarding whether or not they could get an early reauthorization of the forest county payment legislation.With regard to the preparation of the County budget, the news the Board received about a $1.5 million shortfall growing to $4.5 million is having an effect.He said it was important for the Board and the Budget Committee to be as educated as possible.He said if they are going to change from not allowing departments to build in revenue projections beyond what had been authorized, then they need to make time on the agenda for that.




a.Request Letter from Earth Share of Oregon.


Sorenson stated that unless there was specific interest to change the Boardís view that they ask Van Vactor to send a letter back to Earth Share of Oregon that the Boardís position had not changed from last year.


Green agreed with that position.


Lininger reviewed the materials and noted the three counties larger than Lane County all permit the choice of Earth Share among other choices for employee donations.He thought there might be people who didnít want to donate to United Way but would donate to Earth Share.


Sorenson concurred with Lininger but noted the Board decision was 4-1 last year to not add Earth Share to charitable giving.






There being no further business, Commissioner Sorenson adjourned the meeting at2:25 p.m.



Melissa Zimmer

Recording Secretary