August 25, 2004

9:00 a.m.

Commissioners' Conference Room

APPROVED 9/28/04


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








Rob Zako, 1000 Friends of Oregon, 1280 E. 20th Avenue, Eugene, discussed the proposed Memorandum of Understanding for the West Eugene Parkway.He passed out copies of his testimony. (Copy in file).He commented that the Parkway is the stateís responsibility; it is not the responsibility of the City of Eugene.He said the state would build it and maintain it. He noted that the Board is asked to sign a MOU by ODOT that Lane County might have to maintain.He asked the Board to have a work session before they sign the MOU to make sure they have all the facts.


Robert Still, 83076 N. Bradford Rd., Creswell, talked about the Junior Olympics and how successful it was.He gave Green a medal.


Kevin Matthews, Friends of Eugene, 120 W. Broadway, Eugene, commented that the WEP is a complicated project.He thought it was an inopportune time to enter into a MOU.He noted the elected officials of the City of Eugene havenít weighed in on this and it hasnít been discussed.He thought the motivation for the MOU is work being done by ODOT that is in a draft report that ODOT hasnít released and the County hadnít been able to review.He didnít think it was right that the County weigh in on the City of Eugeneís issue before the city discussed it, based on a report that has not been released to the public.


Jan Spencer, 212 Benjamin, Eugene, stated the WEP sounds like a blank check, signing onto something they donít really know.He said the status of the land was not the same as in 1997.He talked about oil.He said building the highway would make the oil problems worse.He thought it was irresponsible to build a road when they canít take care of the roads they currently have.












a. ORAL REPORT/Youth Voices Matter.


Alicia Hays recalled in 2003, the Board had indicated they wanted to invite youth to talk to the Board.Evan Arkin discussed his concerns about his school.


b. ORAL REPORT/Youth Voices Matter - 4-H Presentation.


Nicole Rogers and Chris White brought up issues about the Lane County Ice Rink charging full price when the 4H Fair is taking place.


Green suggested putting this on the agenda for the Fair Board.




a. Announcements




b. ORDER 04-8-4-2/In the Matter of Selecting Members for Appointment to the Service Stabilization Task Force.


John Arnold, Budget Analyst, reported they are trying to appoint a nine person Service Stabilization Task Force.He explained that, as it was originally designed, each of the commissioners would have a selection and as a group they would select four at-large positions.He indicated they received 18 applicants for the position.He noted that Green and Morrison had given him their choices.


Sorenson passed out a proposed board order that he prepared.He noted from the North Eugene District, Green advanced Jeff Miller and Morrison chose Eric Jenson.He noted that Hampton requested Loraine Still be appointed to represent the East Lane District.Dwyer chose Jack Radabaugh and he chose Kate OíDonnell.


MOTION: to move to approve ORDER 04-8-4-1 with Sorensonís proposed list.




Morrison said they previously discussed diversity representation.She had a problem with some of the candidates that were chosen in the at-large positions.She did not support the motion.


Green had no problem with the individual commissioner choices, but he didnít think Mary Ann Holser should be on because she is a budget committee member.He said they were looking for people who were not close to the budget.


VOTE: 3-2 (Green, Morrison dissenting).


Green wanted to accelerate the timeline for the task force.




a. FOURTH READING AND DELIBERATIONS/Ordinance No. PA 1209/In the Matter of Amending the Eugene- Springfield Metropolitan Area General Plan (Metro Plan) Chapter III, Section G. PublicFacilities and Services Element and Chapter VGlossary; Amending the Eugene-Springfield Public Facilities and Services Plan (PFSP) and Adopting Savings and Severability Clauses (Metro Plan Amendment) (Fourth Reading: August 25, 2004). (NBA & PM 6/8/04 & 6/22/04)


Stephanie Schulz, Land Management, explained this was the final deliberation scheduled for the Metro Wastewater Planning Amendment to the Metro Plan.


MOTION:to adopt Ordinance PA 1209.


Sorenson MOVED, Hampton SECONDED.


Green commented that the management of the MetroWastewater facility is one of the best models they have in terms of the management with Eugene and Springfield.He noted that Morrison was on record as being opposed to this.He wasnít happy about the cost.


ROLL CALL VOTE: 3-2 (Dwyer, Morrison dissenting).


b. THIRD READING AND DELIBERATIONS/Ordinance No. PA 1210/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agricultural" to "Marginal Land" and Rezoning That Land From "E-40/Exclusive Farm Use" to "Ml/Marginal Land", and Adopting Savings and Severability Clauses (File PA 02-5838; Ogle). (NBA & PM 6/23/04 & 7/14/04)


Jerry Kendall, Land Management, reported the Board conducted the public hearing on July 14 and left the record open for submittal of other materials.He commented that staff didnít see much of any new themes that were introduced.He said the record was left open until July 28 for any party to comment on any aspects of the proposal and until August 13 for any party to comment on materials received during the first comment period and until August 18 for final rebuttal.He indicated when Jim Just and Goal 1 submitted materials during the second comment period, Mike Farthing raised the issue that they introduced new materials.He noted that staff didnít view it that way.He thought the materials were in response to materials that were turned in during the first comment period.He noted a procedural objection was raised by Farthing.Staff proposed rolling this over for another reading.He said he would give notice if the Board chooses to re-open this.He added it would cure any possibility of a procedural error.He wanted to come back to the Board on September 22 for a fourth reading.


Assistant County Counsel Stephen Vorhes said the idea is to re-open the record to allow people to respond to the new evidence and any new evidence that was submitted during the second period when the record was left open. He said they would re-open the record for limited purpose of responding to whatever new evidence came in the two periods the record was open.He noted they could then move into deliberations with a clean process.


Kendall explained that in order to resolve the charges of procedural error and potential for a LUBA remand upon appeal, the Board may choose to re-open the record for a limited time in order to allow for the submittal of written evidence and/or written argument in response to the materials submitted during the second comment period that ended August 11 and the third period for final applicant rebuttal closed on August 18.He suggested September 8 as a deadline for such submittal, followed by a one-week period to September 15 for the applicantís final arguments (rebuttal only) and the fourth reading would occur on September 27.


MOTION:to approve a Third Reading and setting a Fourth Reading and Deliberation for September 22, 2004. for Ordinance PA 1210.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


c. DISCUSSION AND ACTION/Shall Lane County Purchase Hybrid Vehicles to Replace Vehicles Scheduled for Replacement in FY 04/05?


Dale Wendt, Public Works, explained they were looking for direction when they order vehicles.He indicated they have 14 sedans that are scheduled to be replaced in 2005.He added they normally order those in October or November of 2004 for delivery in 2005.He indicated that currently the demand is exceeding supply for hybrid vehicles.He was concerned about the battery life for the vehicles.He said they contacted Kendall Toyota about battery life, warranty and the replacement cost.He noted that Kendall Toyota reported that the batteries were warranted for eight years or 100,000 miles but it is expected to last the life of the vehicle.He said the batteries for their Toyota Prius are $4,220.He indicated that Kendall Toyota had not yet had to replace a battery for a hybrid vehicleHe noted their plan is to move the vehicles before 100,000 miles.


Wendt said they had a meeting with the Department of Energy on a tax program and they report that hybrid vehicles on average produce 90% less smog and cut global warming by 50% and use 33% less fuel.He said the Toyota Prius price for next year is $18,307, which is $2,200 less than what they paid for the 2001 vehicles.He explained that the break-even point for the vehicles is $2.31 per gallon for fuel, down from $2.54 which was in the cover memo.He passed out Exhibit B (copy in file) that used the new numbers.


Wendt wanted flexibility in purchasing vehicles.He noted there were situations where hybrid vehicles were not a good fit.


Dwyer supported giving the flexibility that Wendt needed.


Sorenson thought they were doing the right thing by moving toward a sustainability objective.He thought they should keep track on how it is going and where the savings are.


Hampton thought the County should be a leader in this area.He suggested that they purchase different cars.


Green stated there was support by the Board to go forward with the flexibility.He noted that future agendas would require that they point to the specific Strategic Plan element that this addresses.


MOTION:to move to give staff flexibility in their decision to purchase hybrid vehicles to replace the vehicles scheduled for 04/05.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1214/In the Matter of Amending the Rural Comprehensive Plan and the FlorenceComprehensive Plan to Enlarge the Florence Urban Growth Boundary; Redesignate Affected Lands From Rural Comp Plan Designations of Rural, Non-Resource, and Forest to Florence Comp Plan Designations of Medium Density Residential andPrivate Open Space; Rezone Affected Lands from Lane Code (LC) Chapter 16 Districts of "RR" Rural Residential and "F-2" Impacted Forest Lands to LC Chapter 10 Districts of "RR" Rural Residential and "PR/BD/U/SR/UGB" Public Reserve/Beaches and Dunes/Interim Urbanizing/Site Review; and Adopting Savings and Severability Clauses; (Florence Periodic Review Work Task No.1) (Second Reading & Public Hearing: September 15, 2004, 1:30 p.m.).


MOTION:to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1214 for September 15, 2004 at 1:30 p.m.


Morrison MOVED, Dwyer SECONDED.


Morrison commented that this plan has been a fiasco since 1995. She wanted to make sure they have the right materials as there have been so many missteps in the process and it has been bounced back and forth.She was concerned about this as she had challenged a portion of this before.


Schulz noted she has the minutes from the Planning Commission that will be provided by the end of the week.She said she also has documentation that is included in the public record for the proposal and there is opportunity for additional review.


Greenís concern is that a lot of people from Florence will state they had never heard of this.


VOTE: 5-0.


e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. PA 1215/In the Matter of Adopting Criteria for Determining Significant Goal 5 Riparian Areas and Wildlife Habitat Sites Within the Springfield Urbanizable Area; Adopting an Updated Goal 5 Inventory for the Springfield Urbanizable Area; and Adopting a Severability Clause (Metro Periodic Review, Work Task No. 7) (Second Reading & Public Hearing: September 15, 2004, 1:30 p.m.


MOTION:to approve the First Reading and Setting a Second Reading and Public Hearing on Ordinance NO PA 1215.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




A. Approval of Minutes:

May 19, 2004, Regular Meeting, 9:00 a.m.

May 19, 2004, Regular Meeting, 1:30 p.m.

June 8, 2004, Work Session, 9:00 a.m.

June 9, 2004, Regular Meeting, 1:30 p.m.

June 22, 2004, JEO Work Session, 6:00 p.m.

June 22, 2004, JEO Regular Session, 7:00 p.m.

July 16, 2003, Regular Meeting, 1:30 p.m.

July 23, 2003, Regular Meeting, 9:00 a.m.

August 4, 2004, Regular Meeting, 9:00 a.m.

August 12, 2003, Regular Meeting, 1:30 p.m.


B. County Counsel


1) ORDER 04-8-25-1/In the Matter of Granting Permission to the Forestvale Memorial Park, Inc. to Move the Remains of Two Persons.


C. Health and Human Services


1) ORDER 04-8-25-2/In the Matter of Awarding a Contract to Center for Family Development in the Amount of $100,000 for a Co-Occurring Substance Abuse and Mental Disorder Treatment Program for the Period September 1, 2004 Through August 31, 2005.


2) ORDER 04-8-25-3/In the Matter of Accepting the 2004-2005 Oregon Health Plan Mental Health Organization Agreement in the Amount not to Exceed $16,000,000.


3) ORDER 04-8-25-4/In the Matter of Delegating Authority to the County Administrator to Sign Memorandum of Agreement with the City of Eugene to Establish the Mental Health Court.


D. Public Works


1) ORDER 04-8-25-5/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Lynette Lane (17-05-29).


2) ORDER 04-8-25-6/In the Matter of Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, as a Public Road (21-03-05).


3) ORDER 04-8-25-7/In the Matter of the Alteration of a Portion of Prairie Road (County Road Number 203) from Carol Avenue, Northerly to Enid Road, Being Located Within Sections 3 and 10, Township 17 South, Range 4 West of the Willamette Meridian.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Hampton SECONDED.






a. REPORT/Leadership Team Charge and Agreements.


Jim Gangle, Assessment and Taxation, explained the purpose of the proposal is to define the purpose and agreements for the Leadership Team.He said they are trying to establish a method for communication between the Board of Commissioners and the rest of the organization.He said they defined the purpose of the Leadership Team, the Leadership Teamís membership and they established agreements for how they would conduct their business and deal with one another.He said there were trade offs and they tried to strike a balance in putting the proposal together.He said they were asking to add a couple more meetings.He said by only having two meetings a year they tend to get focused on budget-type issues and they are proposing to have more meetings to broaden the communication between them.He said they put an emphasis on teamwork as they believe it is important in the deliberations and discussions.He said they established alternatives.He added that they established a process of polling the members of the group so each member would have the opportunity to present information proposals.


Sorenson stated he wasnít at the last Leadership Team meeting.He suggested having the members of the Leadership Team all be the elected officials.He commented if the goal is to increase the polling, then they should include the attendees since they are invited for discussion.He indicated that not all union leadership are members; he wanted to have it only the County union presidents. He thought the county administrator should be designated as the person that gets the facilitator and makes the agenda for the meeting.He thought the facilitator should be running the meeting, so it is not the responsibility of any of the elected officials.


Dwyer didnít think the system was broken and didnít want any changes.He was concerned about the process of polling and consensus and issues that move toward a decision.He said these meetings are not televised and they are moving toward decisions that will impact people.He wasnít planning on supporting it.


Green supported it.He thought it was good work.He commented that the way they do business with ďleadershipĒ is archaic.He said when they have the leadership team meetings it had been around budget.He said they leave the meetings with unclear direction to the organization.He said the organization could look to leadership that includes the Board of Commissioners, who are charged with providing a vision for the organization so goals could be implemented.He thought this was about the future of the organization.


Hampton viewed this not as a product but as a process and he was in agreement with it.


Sorenson commented that there wouldnít be any voting in these meetings and that satisfied his concern.


Green noted the Leadership Team Agreements would be circulated.


Gangle reiterated they would change union leadership to union president; change the clarification around the mechanics of the agenda and hiring a facilitator that the County Administrator would obtain.He said he would modify the language.


MOTION:to move to approve the process of the report with the corrections that were made.


Morrison MOVED, Hampton SECONDED.


VOTE: 3-2 (Dwyer, Sorenson dissenting).


Dwyer thought teamwork was important, but was concerned about a process where deliberations and discussion are outside of the public view as it relates to television.




a. ORAL REPORT BACK/Public Health Rural Clinics.


Rob Rockstroh, Health and Human Services, explained they had mitigated issues of the August 2 memo.He noted in Cottage Grove they got an agreement with the Family Center to come out two times a month.He said in most cases they managed to get immunization services and family planning.He said their concern is still around the East Lane area.He stated the best they could do was to get the Dexter clinic.With regard to Oakridge, he said they could do immunizations at the Lakeside Clinic but he didnít know how that would address someone in Oakridge who needs medical access.He noted some of the providers in Oakridge are part of a LIPA panel.He recommended adopting what they have for West and South Lane and keep discussing East Lane.He wanted to have a conversation with Hampton, his staff, LIPA and the providers in Oakridge to possibly sort it out.


Hampton agreed




a. ORDER 04-8-25-8/In the Matter of Considering Concepts of a Public Safety Special District and Initiation of Metro Plan Amendments to Clarify and Provide Greater Flexibility in Service Delivery in the Eugene-Springfield Metropolitan Area.


Van Vactor thought they should have a Public Safety Special District because expenses in the Lane County general fund are going up at approximately six percent per year, but revenue is only going up three percent.He said they willcontinue to make reductions because 70% of the general fund goes to public safety services.He commented the future of public safety (if nothing is done) will be substantial erosion of the most basic public services Lane County government provides.


Van Vactor noted this was initiating the formation of a public safety district (not just law enforcement), so the services provided could be broad. He said it provides an opportunity to work with citizens and stakeholders to refine over time what services are likely to be included.He said what is important is incarceration, prosecution, youth services, parole and probation, and treatment.


Van Vactor indicated the Metro Plan amendment was needed because of the language in the plan that states that cities are the logical providers of certain services.He commented that, from a land use point of view, they are in good shape to craft narrow language in the Metro Plan because they will not be proposing to provide services that are provided by the cities, defined as key urban services within the document.He said they are going to be discussing traditional Lane County services.He added because of the constitutional limitations on funding and the jobs problem, they do not have an adequate general fund to provide for those services.He said they could make clear amendments to the Metro Plan to prescribe a list of services without having to go into the fundamental principles.


Van Vactor said what would happen if the order were approved is that tomorrow he and Jan Clements, Sheriff, would make a report to the Public Safety Coordinating Council and it will be a standing agenda item with that group.He said they would be keeping all of their public safety partners informed. If this is approved, he recommended a draft letter for the chairís signature, transmitting a copy of the agenda cover memo and the order to the mayors and all the city councilors of every city in Lane County with an offer to make an appearance at the convenience of their city council to brief them.He said that is important because the cities under Oregon law (in an area witha boundary commission) have to provide consent to the formation of a district within their boundaries.He said it was critical to bring in the intergovernmental partners as they develop the concept.


Van Vactor noted that Dennis Taylor, City of Eugene, has a full work plan for their planning division involving other Metro Plan issues and their city council didnít want to divert their resources and amend their planning efforts to address issues from Springfield and Lane County.He thought it was important to transmit the agenda cover memos to all of the city councilors and to the mayor of each city as early as they can and offer to provide information.


Van Vactor indicated they could broadly outline the services, but they still need to go through a process where they go to stakeholders.He commented that until they get a better definition about what services are to be provided, coming up with the exact language for the Metro Plan amendment is not possible.


Morrison asked if it would end the district if one city was not in agreement.


Van Vactor responded that if it were not a Metro Plan city, the district would not apply within the incorporated limits of the city.He said if one of the intergovernmental partners in the Metro Plan had a problem with it and the Boundary Commission agreed with them, it could stop the project.


Van Vactor noted they would develop processes to seek stakeholder input in communication with the cities.He added there will be a small team from the County Administration and Land Management Division, legal staff, Sheriffís Office, Health and Human Services, the Department of Youth Services and the District Attorney to get more work up front with services.He said that County Administration and Land Management Division would work on the technical amendments to the Metro Plan.He said they have a contract with LCOG for planning assistance with regard to the Metro Plan amendments and Carol Heinkle of LCOG has offered to provide assistance without any additional charges.He wanted to get the Metro Plan amendments to the Planning Commission early in 2005.


Van Vactor thought this was an exciting opportunity for the citizens of Lane County, as public service is one of the most fundamental services they provide and they owe it to the citizens to give them a choice.He commented this was one of the vehicles left to provide permanent public safety services.


Morrison asked how they would address the employee costs when they are still only generating three percent.


Van Vactor said what is driving the costs for Lane County is health care.He noted the demographic of the work force is older.It is his hope that the demographics will change and they wonít have the surge in health care costs they currently have.He said as they work through the years of collective bargaining they would get more employee participation to help control the costs.


Morrison asked if they are going to give relief to the taxpayers by not charging twice for this district.She asked how it would work.


Clements commented they were at the top of the curve for their costs due to the aging work force.He stated with the basis of increases in health care premiums, they need to lower their costs and it could be done through bargaining.He said there is a possibility that some aspects of the district could outsource some of its activities and lower some of its costs.He said they need to build the district with adequate funding to make sure they cover what the horizon would be.He added to cover a 10 or 15 year horizon, they might levy more taxes up front as a dedicated district so as it moves forward and they wouldnít wind up with losses.He said if they get to a point where the permanent district is no longer adequately funded, they would be left with a levy where they would de-authorize the district and then create another one with a different rate.


Morrison asked if they would have to do a percentage of a refund if this would go forward.


Clements agreed that would happen.


Van Vactor said there are ways to do companion measures where they do limitations on the rate.


Dwyer asked what this would cost in dollars and staff time.He asked why this was being rushed through.He wanted to send a letter to their partners asking if they would be supportive.He was concerned about Springfieldís elections and he didnít want to move forward until he knows what the people of Springfield were willing to do in their own city.He wanted to preserve the services to the cities.He asked about the responsibility and oversight and how this would be monitored.He didnít support this.


Van Vactor said they have to do this now because they have to complete the land use amendment process before they could file the application with the Boundary Commission.He said they couldnít control when all three governments will agree and enact the plan amendment and they canít apply to the Boundary Commission to form the district because they have to apply whatever land use law is applicable.


Clements stated they are trying to find a solution to alleviate the chronic under funding without any solutions.He hoped to commit staff resources to this analysis that would enable them to move this forward on behalf of the citizens.He indicated that the Strategic Plan has identified public safety as a priority service.He noted that Lane County has elected to be a general-purpose government.He said the services include adult and juvenile corrections. prosecutorial services, and parole and probation.He noted the initiative is to have the Board commit the resources to do the planning.


Clements commented that public safety taxing districts are not without precedent, as there is statutory authority for law enforcement districts.He said there are issues about three percent caps and revenue increases.He added there would be compression and governance issues but they could all be addressed with staff analysis. He noted that all other means for financing public safety services have been researched and most have been tried.He said they need a public safety district that is permanent that has dedicated funding so the critical services they have identified will be resourced.He thought if the Board waited it would kill the public safety district possibilities.He believed they couldnít afford to wait to commit the resources to move forward to address this problem.


Dwyer asked what would go away from Land Management if they go forward with this.


Van Vactor commented that if the Board initiates this today, it would have a significant impact on legal counsel and the Land Management Division because that is the policy direction from the Board on what they want to try to solve the re-occurring budget problems.


Green was in favor of the approach.He said they need to start because this is the number one need of Lane County.He wanted to get this in front of the public to let them make a decision on it.He wanted to take a proactive approach to solve the problem.


Sorenson thought the Stabilization Task Force should have a say in this.He opted for a conservative approach. He said there needed to be an appropriate balance of taxation and the allocation of services for law enforcement versus other competing and real demands on the metro partner government.He didnít want to be pushed today on something the task force would be asked to review.


Clements explained they were not discussing law enforcement, but public safety.He said this serves the entire county and the core areas of population in Eugene and Springfield.He added that this issue had been in front of the Budget Committee every year.He said this is not intended to form the district but pursue the means to do the appropriate analysis that should be going on concurrently with the Stabilization Task Force.


Hampton commented that the need in his district is critical and the number one call he receives is about not having adequate public safety.He was willing to go forward.


Morrison noted it was part of the Stabilization Task Force charge to review this.She said they would need information in order to do that.She said the information needs to be developed as they are moving forward.She said the cities could be contacted.She thought they would get behind for the 2006 deadline if they waited for everything to fall into place.She said they need to move forward to get questions answered.


Green said they owe it to the citizens to look forward into the future and to move forward with this.


MOTION:to approve ORDER 04-8-25-8.


Hampton MOVED, Morrison SECONDED.


VOTE: 3-2 (Dwyer, Sorenson dissenting).


Dwyer thought the idea of exploring a special law enforcement district is a good idea.He didnít think the order was necessary.He thought there were other ways of doing this.He said they didnít know about staff time and costs that will be incurred.











14. EXECUTIVE SESSION as per ORS 192.660


To take place in the afternoon.






There being no further business, Commissioner Green recessed the meting at 12:20 p.m.




Melissa Zimmer

Recording Secretary