November 12, 2003

following Board of Health

Commissioners' Conference Room

APPROVED 11/25/03


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Don Hampton and Anna Morrison present.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








David McCreary, 2035 W. 29th Avenue, Eugene, read his letter into the record. (Copy in file).


Mike Meyer, 1665 Garfield Place, Eugene, stated he has been working with the County in the Health and Human Services Department in alcohol and drug prevention through the university.  He was concerned about the St. Patrick’s Day celebration in Eugene.  He wanted to regain the Irish culture in the celebration and to disassociate it from alcohol use.  He said as an alcohol prevention project he had undertaken the Irish Cultural Festival for St Patrick’s Day weekend, March 13 and 14, 2004.  He passed out information. (Copy in file).


Jim Gillette, 86340 Needham, Eugene, stated the last time he was before the Board he asked the Board to do something and he had changed his mind.   He said if the proposal he has gets as far as the Board on appeal,  he didn’t want it to go to LUBA, but wanted it resolved in Lane County.  He asked the Board to open up the record for new testimony.


Paul Holvey, 2101 W. 10th, Eugene, discussed the LRAPA/Baxter problem.  He was encouraged that Baxter was continuing its efforts at solving the problem.  He was concerned about the nuisance law as it didn’t have any science behind it.  He noted one of the complaints at LRAPA came from someone who was four miles away from the Baxter plant and less than a mile from another creosote plant.  He thought everyone should take a part in solving the problem without impacting Baxter in an economic way.


Hampton was in favor of solving this problem at a local level.  He added that was a service that LRAPA provides.


Morrison said they were looking at a possible loss of jobs.  She noted that all of the businesses that are out there that could be impacted.  She added those business were out there first before the homes were put in.  She had concerns with trying to balance a nuisance complaint against something that is scientifically based.


Dwyer hoped instead of fining Baxter that LRAPA would work with the company to minimize the impacts on the community. 


Hampton thought all of the parties were willing to work together and could solve the problem.


Janetta Overholser, 30300 Cottage Grove Lorane Road, Cottage Grove, stated she is on the Animal Regulation Task Force.  She suggested to the Board that when they read the task force recommendations and if the people criticized the funding suggestions, that those people develop their own funding suggestions.  She said LCARA has to have stability in their funding so they can provide the services that Lane County as a community demands.  She read a letter into the record from Randi Golub. (Copy in file).  She asked the Board to consider the recommendations and to try to re-open the cattery.


Sylvia Caldewood, 28104 Spencer Creek Road,  Eugene, passed out a packet to the Board about the difference between animal rights and animal welfare. (Copy in file).  She stated she is a breeder and wants to continue.  She added the legislature is against breeders.  She commented that breeders are donating to the citizens of the County.








Sorenson stated that Congressman John Lewis from Atlanta, Georgia came to Eugene and spoke at the University of Oregon.




a.  RESOLUTION AND ORDER 03-11-12-1/In the Matter of Proclaiming November 2003 as Runaway Prevention Month.


Sorenson read the resolution into the record.


MOTION:  to approve RESOLUTION AND ORDER 03-11-12-1.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.




a.  ORDER 03-11-12-2/In the Matter of Award of Bid LCP 2003-07 for a Materials and Services Contract for the Lane County Sheriff's Office Dispatch Telephone System Vesta Pallas in the Amount of $231,750.74.


David Suchart, Management Services,  explained  6. a. and 6. b. were companion items to an item he brought before on the remodel of the dispatch center.  He requested that the Board approve the bid that was submitted by Qwest for the telephone service for the dispatch center.  He noted the financing of the items was addressed at the meeting and the whole package will be brought to Finance and Audit on November 24.


MOTION:  to approve ORDER 03-11-12-2.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b.  ORDER 03-11-12-3/In the Matter of Award of Bid LCP 2003-06 for a Materials and Services Contract for the Lane County Sheriff's Office Communications Console Furniture in the Amount of $64,264, Plus Options 2-4 in the Amount of $4,032, for a Total Price of $68,296.


MOTION:  to approve ORDER 03-11-12-3.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a.  ORDER 03-11-12-4/In the Matter of Appointing a Commissioner as the Voting Delegate to the Council of Forest Trust Land Counties.


Morrison noted that this is done on an annual basis.  She said the Council of Forest Trust Lands hosts their annual meeting at the AOC annual conference that begins next week.  She said that Lane County is one of the Forest Trust Land counties.  She explained at the annual meeting they are divided into different positions by counties and Lane County is involved with Position 5, including Coos, Douglas, Josephine, Klamath and Lane counties.  She noted that at each meeting, each county is to have a voting delegate to elect someone to represent the group on the Council of Forest Trust Lands Board of Directors.


MOTION:  to nominate Anna Morrison for ORDER 03-11-12-4.




VOTE: 4-1 (Sorenson dissenting).




a.  Announcements




b.  REPORT/County Administrator's Quarterly Report Regarding the USA Patriot Act.


Van Vactor recalled that in July 2003, the Board passed a resolution with regard to the USA Patriot Act.  He stated the resolution directed Lane County departments to provide reports regarding any investigations that might have been conducted with regard to any detainees connected with terrorism and the names of any detainees connected with terrorism investigation, charges if any, lodged against the above-mentioned detainees.  He added the reporting on the number of times federal authorities contacted any departments in monitoring political meetings, religious gatherings and similar activities, the number of times education records have been requested or obtained from public schools, the number of times library records have been requested and whether a county department learns of these things.


Van Vactor noted that all departments in Lane County indicated they have had no contact with regard to the U.S. Patriot Act and detainees in the context of the resolution.  He added there was a separate paragraph in the resolution with regard to the Sheriff’s Office.  He noted in a memo dated October 16, the Sheriff indicated that he intends to report to the Board any instances of inappropriateness of civil liberties and the protection of Lane County citizens and residents.


Van Vactor indicated if the Board wanted additional information from specific sources like the library or schools, they could consider sending letters to those organizations.  He commented it might be occurring, but Lane County’s departments are not aware of it..


Van Vactor wanted to wait until January to have another report to the Board.


Green commented that no one has reported anything.  He was comfortable with Van Vactor monitoring this in a low key method instead of sending out letters.  He didn’t want to do anything until the statistics showed a greater indicator. 


Sorenson thought that Van Vactor reporting in January was good use of his time.


c.  ORDER 03-11-12-5/In the Matter of Requesting that Lane County be Granted Cooperating Agency Status in Future Bureau of Land Management Planning Activities.


John Arnold, Title III Analyst, stated this is a request that the Board send a letter to the BLM requesting cooperating agency status.  He noted the BLM was recently involved with an agreement and litigation that expands the role of Lane County government in decision making, future planning and land management activities.  He said sending the letter would get them status.  He stated they may or may not be interested in participating with them but it gives them the opportunity that if something comes up that they are interested in weighing in.  He noted that Land Management expressed an interest in doing data collection work and Public Works might have an interest in the future.


Dwyer thought it was a good idea to review all of their practices as it relates to Lane County.  He didn’t agree with having Van Vactor or his designee for the planning activities.  He thought it needed to be a commissioner from an area that has vast public lands within their district.  He recommended Don Hampton.


Arnold agreed they could name a commissioner.


Morrison noted she was involved in this lawsuit.  She added she chaired the subcommittee at AOC on public lands.  She stated the RAC process is where the policy makers are.  She noted that a majority of the committee will be staff.  She added John Arnold had been involved with the local Eugene BLM district. 


Sorenson agreed appointing Hampton was a good idea.  He also wanted to have John Arnold as the alternate.  He wanted this to be put on the board assignment list to be added as a committee for the January board meeting.


MOTION:  to move ORDER 03-11-12-5 with the amendment that Don Hampton is the representative and John Arnold as the alternate for operating language in the Board Order.




VOTE: 5-0.


d.  ORDER 03-11-12-6/In the Matter of Amending Chapter 3 of the Lane Manual to Add a Lay Citizen to the Economic Development Standing Committee (LM 3.515).


Talal Al-Rahbi, Economic Development, explained the Economic Development Standing Committee decided on September 18 to add a lay citizen to its committee.  He said they thought it would add a citizen’s perspective to the committee.  He noted by adding a lay citizen, it brings the voting members to five.  He said it would bring this committee from being internal to more of an advisory one.  He noted the current membership is two commissioners, one elected department director and one department manager.


Green supported this.  He thought it was good to get a citizen’s perspective.


MOTION:  to approve ORDER 03-11-12-6.




Dwyer suggested this position have a two year term.


Wilson stated if they made it a two year term that she would make the change in the Lane Manual before the chair signs the board order.  She said she would write it as one citizen lay member who is not a vendor for a two year term ending in January.


Sorenson supported putting a public member on the committee.


VOTE: 5-0.


e.  ORDER 03-11-12-7/In the Matter of Approving Contracts Totaling $152,000 for 2003-04 Rural Tourism Marketing Program (RTMP) Projects in the Cities of Oakridge, Lowell, Westfir, Coburg, Cottage Grove, Veneta, Creswell, Junction City, Florence, and Dunes City and Services in the McKenzie River Valley to be Completed by McKenzie River Chamber of Commerce.


Peter Thurston, Economic Development,  recalled the Board took up this matter in October of simplifying the rural tourism marketing program.  He stated after that meeting, they immediately requested proposals from the cities listed in the order and published an advertisement for the McKenzie River Valley to receive similar services.


Thurston noted there are six responses that came back in the time frame plus the McKenzie River Chamber of Commerce proposal for the McKenzie River Valley.  He said they just received the City of Oakridge’s description of its projects that appear to be consistent, including signage and staffing for their chamber of commerce.


Thurston noted if the Board approves this, the two rural commissioners would be given the authority to review the remaining city projects that have not yet been received from Coburg, Lowell and Junction City and they would be able to authorize the contract to be initiated for this year’s funds.


MOTION:  to approve ORDER 03-11-12-7.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


f.  DISCUSSION/Airport Letter.


MOTION:  to move to send the letter.




Dwyer wanted to let them know that Lane County shares their concern and is willing to work with them.


VOTE: 4-0 (Morrison excused).




A.  Approval of Minutes:

October 29, 2003, Regular Meeting, 1:30 p.m.


B.  Assessment and Taxation


1)  ORDER 03-11-12-8/In the Matter of Amending Chapter 60 of Lane Manual to Add and Revise Certain Fees Charged by the Department of Assessment and Taxation (LM 60.845).


C.  Children and Families


1)  ORDER 03-11-12-9/In the Matter of Approving the Lane County Commission on Children and Families Initial Budget Distribution Report for the 2003-2005 State Biennium.


D.  County Counsel


1)  ORDER 03-11-12-10/In the Matter of Amending Chapter 54 of the Lane Manual to Update the Emergency Operations Plan Line of Succession (LM 54.020).


2)  ORDER 03-11-12-11/In the Matter of Amending Chapter 3 of the Lane Manual to Establish Parameters to Avoid a Conflict of Interest on the Board of Property Appeals (LM 3.554).


E.  Public Works


1)  ORDER 03-11-12-12/In the Matter of Ratifying the County Administrator's Execution of an Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) with Cover Letter For Power Costs Related to Traffic Signal and Off-Ramp in City of Coburg.


2)  ORDER 03-11-12-13/In the Matter of Awarding a Contract to Pacific Utility Equipment Co., in the Amount of $57,612.00, with Trade-In for the Purchase of One (1), New, Single-Drum Vibratory Soil Compactor, Contract FY03/04 FS-02.

3)  ORDER 03-11-12-14/In the Matter of Vacating a Portion of “A” Street and a Portion of the Exterior Boundary of the Plat of Goshen, as Recorded in Volume W, Pages 349 and 512, Lane County, Oregon Deed Records, Without a Public Hearing and Adopting Findings of Fact (18-03-23-1).


4)  ORDER 03-11-12-15/In the Matter of Vacating a Portion of the Exterior Boundary of Land Partition Plat Number 94-P0526, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (20-03-32-3).


5)  ORDER 03-11-12-16/In the Matter of Vacating Portions of the Platted Parcel Lines of Land Partition Plat Number 91-P0083, as Platted and Recorded in Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (19-15-15 & 22).


6)  ORDER 03-11-12-17/In the Matter of Vacating a Portion of the Exterior Boundary Line of Porter Acres, as Platted and Recorded in Book 5, Page 6, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (18-03-29).


7)  ORDER 03-11-12-18/In the Matter of Denying the Petition to Vacate the Public Alley in Block 24 of Heceta Beach, as Platted and Recorded in Book 7, Page 25, Lane County, Oregon Plat Records (18-12-04-13 & 42).


8)  ORDER 03-11-12-19/In the Matter of Awarding a Contract to Farwest Truck Center, in the Amount of $103,512.00, with Trade-In, for the Purchase of One (1), New Truck Chassis Mounted Knuckleboom/Packer, Contract FY03/04FS


MOTION:  to approve the Consent Calendar.




VOTE: 4-0 (Morrison excused).




a.  ORDER 03-11-12-20/In the Matter of Accepting a Grant from the Federal Department of Justice, Office on Violence Against Women (OVW), in the Amount of $499,997 for a Pre-Trial Monitoring Program for Families Experiencing Domestic Violence; Increasing Appropriations and Expenditures in Health & Human Services (Fund 286) in the Amount of $169,953 and Establishing a  0.5 FTE Office Assistant Position in the Department of Health & Human Services.


MOTION:  to approve ORDER 03-11-12-20.




VOTE  : 4-0. (Morrison excused).


Sorenson requested that Linda Eaton, Health and Human Services, come back every six months with a report on domestic violence.




a.  REPORT AND DISCUSSION/Lane County Sheriff's Office.


Jan Clements, Sheriff, reported what they had envisioned were semi-annual reports but this time he is requesting another report to the Board in February to get caught up.  He added after that they would report semi-annually.


Clements noted the increasing pressure for Sheriff Office’s services.  He said they are receiving an increased number of complaints from citizens who are not happy with lack of response.  He said they are doing the best they can.  He said the closure of 85 beds and an additional 35 beds (because of state cuts in intake) resulted in increased unsupervised release of inmates.


Clements discussed the results of the jail inspection by a team of outside Sheriff’s Office officials (copy in file).  He said the results of the inspection stated there were no successful suicides, no in-custody deaths and the cleanliness of the facility was noteworthy.  He said the facility and the inmate demeanor seemed to be well managed and controlled.  He added they didn’t notify their staff in advance of the inspection.


With regard to the Forest Work Camp, Clements reported  it was a focal point on two fronts.  He noted there was defunding that occurred as a result of transferring levy monies to other custody beds.  He said the second issue was a lack of full utilization.  He said even though the Forest Work Camp had 60 beds and was staffed for that, it only operated at more than 30 average daily population.  He noted when it was closed they were spending near $250,000 to  maintain the infrastructure.  He said that Senate Bill 1145 started giving them money to handle the offenders that the state gave them.  He said they used that money to reopen the camp.  He added they had inmates build the second 60 beds at a savings of over $250,000 to the public.  He said with the Secure Rural Schools Forest Payments legislation, they were able to qualify the entire program for federal reimbursement that relieved the general fund from that expense and expanded the capacity with staffing for up to 95 plus beds.  He passed out a report on the Forest Work Camp statistics. (Copy in file). 


Mark Graham, Sheriff’s Office, explained they have Forest Work crews that go out with ODOT who work along the state roads.  He noted they have a crew that goes out to Short Mountain.  He stated the biggest input for the crews is working for the school districts, other governmental agencies and non-profits doing painting and landscaping work.


Sorenson asked how the Sheriff’s Office was matching the Strategic Plan.


Clements stated he has to continue to focus on crimes against persons.  He said they are able to address person crimes because of the capacity at the Forest Work Camp.  He said they take people who are sentenced offenders and when they qualify they can go to the camp and not occupy bed space in the main jail.    He said if they choose not to have the Forest Work Camp or another alternative program, then they would have a situation where sentenced offenders either get let free or they are sent back and displace someone who is at a greater risk to the community’s safety.  He thought it was consistent with the Strategic Plan.


With regard to the traffic team add package, Bret Freeman, Sheriff’s Office, explained they were not in a good position to fill traffic team positions with trained deputies.  He noted an issue that is facing them is the Forest Land Emergency Program.  He said they could look at the revenue projections in March and determine if they would ask the Board for an interfund loan to allow them to start up the additional five positions on the traffic team.


Clements said, given the budget deficits they are projecting for next year, the question is as they try to staff the traffic team, they could be getting into a situation where they have to be brining people back from military leave.  He said if he was successful in hiring people for the traffic team, he didn’t want to lay them off July 1 because of the general fund crunch they are facing.  He said the traffic team add package might be filled with veteran officers that are no longer able to be funded for general patrol.  He added  there is a possibility that they won’t have sufficient general funds to have 24-hour patrol.


Van Vactor commented that because the Sheriff hadn’t hired the people, they didn’t borrow the money for the interfund loan.


Linda Cook, Sheriff’s Office, gave a presentation of the Emergency Management Program. (Copy in file).  She stated that over the past two years there has been a demand for interagency communication and working with the Lane County Emergency Management organization.  She said they are making significant strides.










There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.



Melissa Zimmer

Recording Secretary