September 10, 2003

9:00 a.m.

Commissioners’ Conference Room

APPROVED 11/5/03


Chairperson Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., and Anna Morrison present.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson, Former Commissioner Tom Lininger, and Recording Secretary Daniel Lindstrom were also present.




Sorenson noted that Agenda Item 5.a. was set to be considered at 10:00 a.m.; and that Agenda Item 6.b., CVALCO Annual Report, was set to be considered at 10:30 a.m.   He recommended that Agenda Item 6.f., Discussion of East Lane Commissioner Vacancy, be considered immediately after Agenda Item 2, Public Comments.


Sorenson determined there was consensus to approve his recommendation.




Bob Still, 83076 North Bradford Road, Creswell, expressed appreciation that Commissioner Morrison had attended the McKenzie/Cascade Dog Fanciers dog show.  He described the show and said it had drawn approximately $1 million to Lane County.  He also said it was important to complete appointments to the Lane County Animal Regulation Task Force.








Sorenson said much attention was being paid to efforts to require a referendum on the three-year Oregon Income Tax Surcharge enacted in the 2003 Legislative Session.  He said he supported the right of Oregon citizens to use such processes, but suggested that a “Decline to Sign” campaign be established to foil the effort to gather required signatures.  He said that without increased revenue, many essential public services were in jeopardy.




a.  ORDER 03-9-10-1/In the Matter of Proclaiming September 2003 as National Alcohol and Drug Addiction Recovery Month.


  Commissioner Dwyer read the Order.


Rob Rockstroh, Health and Human Services, stated services were provided by Lane County for persons with co-occurring alcohol and drug abuse and mental illnesses.


Al Levine, Director of Mental Health Services commented on the prevalence and effects of such co-occurring disorders.  He said Lane County was in the forefront of developing best practices for their treatment.


Mental Health Services therapist Noni Allodice introduced members of a family in which one of its members had a co-occurring disorder.  The father, mother, siblings, and friend of the family member described what the disorder did to their family and how treatment had enabled them to deal with it.  The person with the disorder described her experience.


Sheriff’s Office Mental Health Specialist Richard Sherman reviewed the findings of studies of the relationship of drug and alcohol abuse to criminal incarceration.  He reported on the results of a study of co-occurring treatment programs pioneered in the Lane County Jail.  He encouraged adoption of the proclamation.


Lane County Drug Court Judge Douglas Mitchell described how his pre-conceptions of those arrested for drug abuse had changed and said the efforts of Mental Health Services in various programs were to be commended.  He expressed appreciation for the support of Drug Court by the Board.


Mental Health Services worker Tim Danforth described his specialized work in the Alcohol and Drug treatment program.  He said it was beneficial for him and his patients to be able to work with other professionals in the program.


Mental Health Services worker Patty Urdell said she had learned that the people with whom she worked were often very fragile and used drugs for relief.


Sorenson commented that it was valuable to see the positive effects of a research-based substance abuse program.


  MOTION:  to adopt Order 03-9-10-1.


  Commissioner Morrison MOVED, Commissioner Dwyer SECONDED.


Morrison said she agreed that some abuse treatment programs were having positive impacts, but that she did not believe long-term benefits were fully known.  She said it was her experience that abuse problems continued to increase, despite successful programs.  She recounted a personal experience with a person she assumed was intoxicated.  She said she was concerned that such persons could not be forced to change their lifestyle.


Dwyer expressed appreciation for the presentation.  He said he believed methanphetamine abuse was the “scourge of society.”  He said he had learned from personal experience that everyone was salvageable with family and community support.  He said having the state profiting from vices such as gambling and consumption of liquor that encouraged addictive behavior troubled him.


Green expressed appreciation for the presentation.  He commended the family for sharing their story and said he respected them and the mental health workers for their commitment to help those with abuse problems.  He said he was concerned that treatment services are often available to those in trouble with the law, but not to persons who were not.  He said a better way to make services available needed to be found.


Sorenson expressed appreciation for the presentation.  He said the financial and social cost of abuse was beyond question and included the destruction of lives, property, and government resources.  He said he believed that unless investment was made in prevention and recovery, abuse problems would continue to become worse.


Sorenson commended the Lane County Circuit Court and Sheriff’s Office for their development of the Co-Occurring Disorders program and Drug Court.  He said he supported expanding support for the services.


Sorenson said it was too easy to succumb to political rhetoric about punishing offenders and to take funding away from programs that seek to prevent problems.  He said a balance in government support needed to be achieved.


VOTE:  4-0.


b.  RESOLUTION AND ORDER 03-9-10-2/In the Matter of Urging the General Services Administration to Include a Ramp in the Front Entrance to the Wayne Lyman Morse Federal Courthouse, Eugene, Lane County, Oregon.


MOTION:  To approve Resolution and Order 03-9-10-2/In the Matter of Urging the General Services Administration to Include a Ramp in the Front Entrance to the Wayne Lyman Morse Federal Courthouse, Eugene, Lane County, Oregon.


Commissioner Morrison MOVED, Commissioner Dwyer SECONDED.


Sorenson reviewed the Board of County Commissioners involvement in developing a federal courthouse in Eugene.


Van Vactor distributed revised copies of a draft letter to be used in notifying the General Services Administration of the action on the Resolution and Order.  Commissioners made various additional revision proposals.


Commissioner Green said he supported adoption of the Resolution and Order.


Commissioner Dwyer said he believed it was important for the Board to convey strong support for a ramp because the community would not settle for second-rate access for some of its citizens.


Sorenson said he believed the proposed Resolution and Order spoke on behalf of the entire county.  He said the Federal Court was in existence because of the absence of justice and that it should be continued in the building in which it was housed.


  VOTE:  4-0.


c.  ORDER 03-09-10-17/In the Matter of Commemorating Those Affected by the Events of September 11, 2001.


MOTION: to approve ORDER 03-9-10-17.


Green MOVED, Morrison SECONDED.


  VOTE:  4-0.




a.  REPORT/Extension Service.


Bo Freeman, Oregon State University Lane County Extension Service, Staff referred to his August 26 memorandum and other material describing the programs of the service distributed with the agenda of the meeting.  He reviewed information contained in the memorandum, as follows:


·                    County Fair public outreach

·                    Extension Service staffing changes

·                    Family and Community Development programs

·                    Loss of state support for Leadership Education Program

·                    Family Food Education Volunteers (Master Food Preservers)

·                    Eastern Filbert Blight Inspections

·                    Lingonberry Research Grant

·                    Nutritional Education Program

·                    Youth Development/4-H Programs


Commissioner Dwyer asked if progress was being made on combating Gypsy Moth infestation.


Freeman replied that it had been determined that the current infestation had been caused by plants brought into the county on a trailer.  He said the Oregon Department of Agriculture was responsible for pest eradication and the Extension Service for public education about it.  He said no decision had yet been made about the use of insecticide spraying.


b.  REPORT/CVALCO Annual Report.


Convention and Visitor’s Association of Lane County, Oregon (CVALCO) President and Chief Executive Officer Kari Westlund introduced members of her staff and Board of Directors who were present. 


 Westlund distributed copies of a document entitled “Annual Report FY 2002-2003 – See All of Oregon in Lane County.”  She said the report showed that CVALCO Convention Marketing had had an estimated $41 million economic impact.  She reviewed other highlights of the report, as follows:


·                    Advertising

·                    Sports Marketing

·                    Meeting Facility Development

·                    Convention Services Program

·                    Promotional Assistance/Committees

·                    Tourism Marketing and Sales

·                    Media Relations/Editorial

·                    Visitor Information Requests

·                    Membership Development and Marketing


Community Relations


In response to a question from Sorenson,  Westlund said a recently adopted one percent tax on visitor stays in non-federal camping areas would raise approximately $7 million that would go to the Oregon Tourism Commission.  She explained it was intended to replace Economic Development funds from the State Lottery.  She said it could be shared with regional organizations, but would not likely go to local associations like CVALCO.


 Sorenson said he believed it would be important to have at least one Lane County representative on the Oregon Tourism Commission and that he would provide a letter of support for a candidate recommended for appointment by CVALCO.


 Green asked if local hotel accommodations limited the size of conferences held in Lane County.   Westlund replied that no group of which she was aware had chosen to hold an event elsewhere because of the lack of adequate hotel space in Lane County.


Green asked if planning for the new basketball arena at University of Oregon included input from convention planning interests.  Westlund replied that CVALCO had been invited to participate in the planning, but that it had not yet progressed to a point of involving any convention-related issues.  She said the University had been a strong supporter of tourism in the past and that she had the impression it was open to the co-location of compatible facilities.


Green asked if there were any current air travel connection issues.   Westlund replied that service at the Eugene Airport was as good as it had ever been.  She said “deplanement” statistics were down, because fewer seats were available on regional jets currently being used.


CVALCO staff Bob Zagorin stated that a Lane County Convention Center planning committee was being formed and that there appeared to be significant interest.  He said creating such a facility could encourage economic development in the area.


 Westlund distributed copies of tourism-related material recently published by CVALCO and by a consortium of visitor associations.


Sorenson expressed appreciation for the CVALCO report.


c.  ORAL REPORT BACK/Auditor Work Plan.


Kay Blackburn, Internal Auditor, stated three weeks ago she came before the Board with a list of proposed projects for her work plan and asked them to prioritize the projects.  She said the prioritization was done, they were ranked and went back to Finance and Audit.  She passed out her auditor work plan.  (Copy in file).  She said she would check back with Finance and Audit as to when the items should go on the actual work plan.


MOTION:  to approve Kay Blackburn’s work plan.




VOTE: 3-0 (Morrison excused).


d.  REPORT/AOC District 5 Meeting.


Tony Bieda, Intergovernmental Relations Manager, indicated the Board received a form from AOC and it is to be returned by September 24.  He said the purpose is to provide feedback or a list of issues the Board wanted covered at the District 5 Meeting on October 6.  He added that AOC was inviting the legislative delegation from Lane, Linn and Benton Counties to a luncheon that day.  He anticipated legislators would show up and there would be opportunity for commissioners to speak with the delegates.


Dwyer stated he wouldn’t be able to attend the meeting.


Green asked the Board what they thought their relationship should be with the legislators and what they should do to strengthen the relationship around the core issue.  He said they should have that information ready for the discussion at the meeting.  He said that Morrison would be relaying the Board’s thoughts.


Sorenson asked Bieda to e-mail the Board which legislators had committed to attend.


e.  REPORT BACK/Help America Vote Act.


David Suchart, reported before the Board is a letter that he and Annette Newingham drafted to Congressman Peter De Fazio, pointing out that Lane County does have an RFP.  He stated the implementation of the proposal depends open elections relocating.  He said they wanted to implement the new voting system in December.  He added they could conduct the election in May in their current location, but the amount of work that would need to be done in the November election would be cumbersome.  He hoped to: implement the new system in December, use it in the first two elections of next year, move in July 2004 and purchase the additional equipment needed for the general election.


Dwyer thought the plan would work and he wanted to comply with the Help America Vote Act.


MOTION:  to move to send a letter to Peter De Fazio.




VOTE: 2-1 (Sorenson dissenting.) (Morrison excused.) MOTION FAILS.


f.  DISCUSSION/East Lane Commissioner Vacancy.


Sorenson invited former Lane County Commissioner Tom Lininger to share his impressions of the September 8 interviews of candidates for appointment to the vacant East Lane District seat on the Board of County Commissioners.


Lininger said he believed all of the applicants interviewed were of high caliber and expressed appreciation for their interest.  He reviewed his impressions of positive and negative qualities of each and summarized his opinions, as follows:


Mayor Mike Dean:  Bright, energetic, experienced, consensus builder, has a good way with people, and balances different perspectives.


Mayor Don Hampton:  Long, diverse experience in maters related to Lane County, is known throughout the district, knowledgeable, and most authentically rural.


Joachim Schultz:  Idealistic, earnest, passionate advocate for the disadvantaged, ability to network, good organizer, and experienced in nonprofit sector.


Gordon Howard:  Well spoken, conservative, gentleman, good communicator, has innovative ideas, and experience as a Lane County volunteer.


Martha Roberts:  Personable, progressive, bright, analytical, warm and friendly, fair minded, and would provide a new perspective on the Board.


Mayor Gary Williams:  Consensus-oriented leader who can be independent, assertive, moderate/centrist, friendly and personable, and the only candidate who said he did not support the Oregon income tax surcharge.


Al King:  Soft-spoken, not emotional, has a well-known voting record, ready to hit the ground running, and has extensive knowledge of issues facing the district.


Lininger said he held the Commissioners who continued to serve in high regard.  He characterized them as bright, assertive, strong-willed, and fast-moving.  He said the same qualities were needed in the one who would be appointed to fill the vacancy.  He said there were many East Lane District issues to be considered by the Board in the near future and that it would be important to fill the position quickly.


Sorenson expressed appreciation for the service of Mr. Lininger.  He said he would prefer to postpone having the other Commissioners express their opinions about appointment candidates until a later meeting when it would be appropriate to establish whether further processing of the applications would be needed.


Green expressed appreciation to Lininger for his services on the Board.  He said he supported his suggestion of making the appointment to fill his previously held seat quickly and was not interested in having another round of interviews with a certain number of top candidates.


Green requested that a record of the interviews of candidates by Lane County employees’ unions be supplied to all Commissioners. 


Morrison stated that the Board Agenda Team would meet the next week and would establish the appointment process that would be followed.




a.  Announcements


Van Vactor reported that Alica Hays was chosen Department Director of Children and Families.  He noted the Management Team had a work session working on the Fiscal 04/05 budget process.  He said the results were mixed.  He said on the positive side, there were two tentative recommendations that were reached, and they will release the information in detail at the next Leadership Team meeting on October 14.  He added that Dave Garnick updated the financial plan and they continue to face deficits of about $2 million for the foreseeable future for each year.  He noted one of the recommendations to the Management Team is to reduce more next year than is required.  He said there would be a recommendation to the Board that there is a substantial amount of work that needs to be done on the expenditure and revenue side of Lane County government.   He noted another goal for the 04/05 process is a recommended reduction criteria and a method to prioritize them. 


Van Vactor stated that Douglas Beauchamp had e-mailed him about the Cultural Coalition.  He said one of the initial appointees was Ed Stelfox.  He said that Stelfox had retired and the new person is Bob Hart.  He prepared an order recommending the Oregon Cultural Coalition to appoint Bob Hart as Ed Stelfox’s replacement.


ORDER 03-9-10-18/Recommending the Appointment of the Lane County Council as Interim Cultural Coalition Fiscal Agent


MOTION:  to approve ORDER 03-9-10-19.




VOTE: 3-0  (Morrison excused).




a.  ORDER 03-9-10-3/In the Matter of Approving a Project Design Concept for the Slide Repair on Stagecoach Road MP 0.00 to MP 0.69 Based on the Design Concept in Exhibit B; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue all Necessary Planning Actions and Prepare Plans and Specifications for Repair of Said Road.


County Engineer Sonny Chickering referred to the Agenda Cover Memo related to Order 03-9-10-3 and reviewed information it contained about the need for direction on expenditure of road funds to address slide problems on Stagecoach Road.  He described how the recommendation for action had been developed and said staff and the Roads advisory Committee recommended that a permanent solution to the problem be provided by widening the road into the hillside (Option B).


Commissioner Dwyer said he had extensive experience driving on Stagecoach Road and that he believed it was important to maintain for public safety and to provide connection between State Highway 126 and State Highway 36 for local residents.


MOTION:  to approve Order 02-9-10-3/In the Matter of Approving a Project Design Concept for the Slide Repair on Stagecoach Road Milepost 0.00 to Milepost 0.69, Based on the Design Concept in Exhibit B; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue all Necessary Planning Actions and Prepare Plans and Specifications for Repair of Said Road


Commissioner Dwyer MOVED, Commissioner Morrison SECONDED.


Commissioner Green asked what criteria would be used to rank the Stagecoach Road project with that of other approved projects.  Mr. Chickering replied that the Capital Improvement Program (CIP) for the next fiscal year would determine the relative merit of the project.


Sorenson asked what was the posted speed limit on Stagecoach Road and if it could safely serve as an evacuation route.  Mr. Chickering replied that there was no posted speed limit on the road, but that its geometry limited the speed of those who used it.  He also said he would not advocate using Stagecoach Road as a detour or alternate for Highway 126, but that local residents would likely use it in that way.


Commissioner Morrison said there were multiple accesses to Highway 36, providing adequate connectivity.  She also said she expected the cost of the project to be less than was estimated for Option B.


VOTE:  4-0.


b.  RESOLUTION AND ORDER 03-9-10-4/In the Matter of Granting a Permanent Easement to the State of Oregon on County Owned Land (I-5 Bridge Crossing).


Sorenson asked if this was a broad grant of easements on County owned land to the State of Oregon throughout the County.  He thought it was for the land adjacent to the Glenwood transfer site.


Frank Simas, Public Works, reported that initially ODOT had contacted him regarding a temporary easement over this part of the transfer station.  He noted it is an area outside of the fence that they are not using and have no foreseeable plans for using.  He added it is burdened with an electric transmission line easement.  He stated after talking with staff at Waste Management, he learned that this area is a continuing maintenance problem for them because transients have been camping there and it necessitates their staff having to clean up what is left behind.  He said they thought if ODOT were to have a permanent easement that there would be the likelihood that ODOT would maintain the area for them   He proposed to ODOT that they take a permanent easement.  He said they were agreeable to it.  He added if it is the Board’s direction, they could grant a temporary easement.


Sorenson said there is a public access to the river issue for him.  He thought a temporary easement would be the way to go or selling it to ODOT.


Simas proposed that they consider purchasing the fee title to the land but ODOT was not agreeable to that.


Dwyer noted it is a temporary bridge.  He wants the bridge to be built and he wants to maintain access to the river.  He was in favor of granting them an easement for the time they need to construct the bridge, utilizing it and that they maintain the easement during the course in time.


Green was willing to go seven years for the easement to complete the project.  He didn’t think they should give up the easement permanently.


Sorenson reiterated the Board was okay with the temporary easement, and with ODOT paying for it.  He said they don’t have a problem with ODOT building a temporary and permanent bridge and having access to their property on a temporary basis.   He suggested bringing this back as a consent calendar order to grant the temporary easement in addition to compensation.  He said ODOT would give Lane County $3,000 and they have to maintain it for seven years and then it reverts back to the County.


Sorenson requested that this item come back to the Consent Calendar in four weeks.




A.  Approval of Minutes:

April 16, 2003, Regular Meeting, 9:00 a.m.

June 18, 2003, Regular Meeting, Following MWSD


B.  County Administration


1)  ORDER 03-9-10-5/In the Matter of Appointing and Reappointing Justices Pro Tempore for the Central Lane Justice Court for One (1) Year.


2)  ORDER 03-9-10-6/In the Matter of Appointing and Reappointing Justices Pro Tempore for the Florence Justice Court for One (1) Year.


3)  ORDER 03-9-10-7/In the Matter of Appointing and Reappointing Justices Pro Tempore for the Oakridge Justice Court for One (1) Year.


4)  ORDER 03-9-10-8/In the Matter of Appointing a Member to Fill a Vacancy on the Public Safety Coordinating Council.


C.  Assessment and Taxation


1)  ORDER 03-9-10-9/In the Matter of a Refund to Willamette Industries in the Amount of $44,324.36.


2)  ORDER 03-9-10-10/In the Matter of Accepting Tax Payments and Transferring Corresponding Bankruptcy Court Claims of Montgomery Wards, LLC, to Valley River Center, LLC.


D.  Children and Families


1)  ORDER 03-9-10-11/In the Matter of Delegating Authority to the County Administrative Officer to Execute a Contract with Relief Nursery in the Amount of $796,205 for Crisis Nursery Services and a Contract with South Lane Family Nursery in the Amount of $339,196 for Crisis Nursery Services; and Contract Amendments with the University of Oregon in the Amount of $14,210 for Healthy Start Services and Court Appointed Special Advocates (CASA) in the Amount of  $17,525.


E.  Health and Human Services


1)  ORDER 03-9-10-12/In the Matter of the Request of Lane County for an Exemption per ORS 279.015 to Extend the Current Lanecare Provider Panel Contracts for the Period October 1, 2003 Through January 1, 2004 per Exhibit B, Attached.


2)  ORDER 03-9-10-13/In the Matter of Delegating Authority to the County Administrator to Execute Contract Amendments with Lanecare Provider Panel Agencies, per Exhibit B, Attached.


MOTION:  to approve the Consent Calendar.




VOTE: 3-0 (Morrison excused).




a.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 13-03/In the Matter of Amending Chapter 9 of Lane Code to Modify Prohibitions Pertaining to Use of Solid Fuel Space Heating Devices (LC 9.125 Through 9.135). (Second Reading and Public Hearing: September 24, 2003, 1:30 p.m.)


MOTION:  to approve the first reading and set the second reading/public hearing on Ordinance No. 13-03 for September 24, 2003 at 1:30 p.m. in the Conference Room of the Board of County Commissioners.


Commissioner Green MOVED, Commissioner Dwyer SECONDED.


VOTE:   4-0.




a.  ORDER 03-9-10-14/In the Matter of Creating a Classification and Salary Range for Landscape Technician.


Cindy Tofflemoyer, Management Services, explained this is a proposed classification that would fit the duties that Sid Davis had been providing to Lane County over the years.  She said the position came open due to his retirement and they reviewed the duties he had been performing to build a classification around the expectations.  She said they factored it in a range 23 with a pay range of $31,678 to $43,826.  She added it was comparable to Washington County’s groundskeeper classification.  She recommended the classification and salary range be approved.


MOTION:  to approve ORDER 03-9-10-14.




VOTE: 3-0 (Morrison excused).








Green stated Morrison asked him to bring up an issue regarding River Road and Santa Clara.  He said there is reason to believe that the City of Eugene may be changing its policy regarding annexation.  He wanted Ollie Snowden to set up a meeting with him, Morrison, Scott Meisner and Gary Pape to find out what their intent is.  He commented it might impact the way Lane County provides services in that area.


Sorenson announced the week of October 19 would be a down week.  He added they re-scheduled the Lowell meeting to some time in January.  He announced that the Leadership Team meeting would take place on Tuesday, October 14.


Green reported he would be gone from the office from October 24 to October 29 and he would also be gone on Wednesday November 5.


Dwyer thought it was appropriate to send a card to Senator Smith and his family on the loss of his son.


15.  EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.






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




C. Daniel Lindstrom

Recording Secretary