August 4, 2004

9:00 a.m.

Commissioners' Conference Room

APPROVED 8/25/04


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




Hampton noted item 10 a) would be an 11:00 a.m. time certain.




Gordon Howard, P. O. Box 775, Pleasant Hill, spoke on the proposed River Avenue road improvement project. He stated he and his wife own two properties: 425 River Avenue and 65 Ross Lane, which is solely accessed by River Avenue.He asked the Board to oppose the formation of a local improvement district on River Avenue for the following reasons.He noted the road improvement plan as currently drawn is not a good use of limited road improvement funds.He stated as proposed, the plan includes bike paths and a 6 Ĺ foot wide sidewalk on the north side and a 5 foot wide sidewalk on the south side of the street. He indicated that there was no demand for sidewalks in the area by the general public or by the business owners located in and around River Avenue.He stated the area is zoned for commercial and light industrial use and is made up of different businesses, none of which sell to walk in traffic.He said assessments for unwanted and unnecessary improvements will create a negative financial burden on the small business owners and residences located on River Avenue.He reported the estimated $19,000 to his property at 425 River Avenue would have to be passed along to the tenants.He added the property currently provides low cost affordable housing.He said the City of Eugene proposes to assess his property at the commercial rate instead of the residential, which is the current and historic use, costing him several thousand dollars more.He said the City of Eugene staff now acknowledge that ODOT has previously discussed terminating the east end of River Avenue that would make it a wide road with sidewalks that no one would be using.He commented that it does not make sense to create such a surface when the need is non-existent on a road that might become a dead-end. He indicated that the design engineer has now revamped the original manhole cover location and storm water connection to his property because it was easier to coordinate for the city with the other utility easements.He said he is now expected to pay for an additional 40 feet of new storm water lines instead of approximately five feet as originally drawn.He suggested that the existing road bed receive an asphalt overlay and if the Eugene City Council feels the need to include a bike line on the south side of the road, they have adequate right-of- way to do so.He noted there was no support for this from the business community and they want to see the money spent wisely.


Chuck Meeker, stated he owns three properties on River Avenue.He said when the project first started, the expenses they were told about was less than what it actually was.He said his assessment was going to be $93,800.He called Egge Sand and Gravel and was told the estimate should have been much less.He said they do not depend on walk in traffic for their businesses.He contacted all of the landowners on the street and out of the 33 landowners he spoke with, 31 signed a remonstrance.He noted the only people he didnít have contact with were McDonalds and the Rivera Shopping Center because he ran out of time.He thought this project needed to be re-thought out because the expenditures are too great and if they are not coordinating this with ODOT, then this is money foolishly spent.He submitted the remonstrances . (Copy in file).


Teres Lang, 2936 Manor Dr., Springfield, stated she worked for the Department of Energy as a Public Information Officer.She was worried about misinformation and scare tactics surrounding the West Cascade Energy Facility.She noted the entire West Coast will be facing a severe energy crisis within the next ten to twenty years.She said there are not enough power plants to accommodate the growing population in the area.She said this area (in order to be energy independent) needs the West Cascade Facility.She understood the concerns of the County.She commented that she did not represent the Department of Energy, but said they would not leave out Lane County.She stated the Energy Facility Siting Council is a group of seven people from across the state that makes a decision based on research.She noted the group included energy analysts, scientists, engineers, environmentalists, and lawyers that specialize in land use water rights and environmental law.She said they consider local land use laws and the research is at the cost and expense of the developer.She commented that other parts of the state are not as forward thinking as Lane County.She added that Oregon has the most stringent siting process in the country.












a. ORDER 04-8-4-1/In the Matter of Ordering the Acceptance of the Recommendations of the Benton, Lane, Lincoln, Linn Regional Investment Board Regarding Funding Additional Projects for the FY 2003-2005 Biennium.


Milo Mecham, LCOG, explained that the Regional Investment Board is given money by the state for economic development purposes.He said the Regional Investment Board had adopted a strategy that the County has approved for the disbursal of economic development money, creating jobs.He said that the Regional Investment Board had been regularly receiving applications for enterprises within Benton, Lincoln, Lane and Linn counties.†† He said they have received and reviewed an additional four applications for funding.He noted the final step in the process is for the four countiesí Boards of Commissioners to review and accept or reject the Regional Investment Boardís recommendation.He noted that one of the applications did not quite meet one of the standards but it came close and it met the other standards and it will produce jobs.


MOTION:to approve ORDER 04-8-4-1.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0.




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 that the recruitment for at-large positions for the stabilization task force was completed last Friday.He said they had 18 applicants.He noted the plan had originally been for each commissioner to select their individual appointment and to vote on the 18 applicants at large.He indicated that Morrison gave him the name of Eric Jenson and Green selected Jeff Miller.


Morrison wanted Green present for the discussion.She was discouraged by the number of the applicants they received.She didnít think the list was diverse enough.


Arnold commented if the Board rolls this item, the chosen applicants wouldnít be able to attend the meeting on August 10.He added the committee report wouldnít be completed on time by the end of October, to be presented at the next Leadership Team meeting.


MOTION:to move to defer this discussion until the agenda teams finds another date and time.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 4-0.




a. THIRD READING AND SETTING FOURTH READING AND DELIBER-ATIONS/Ordinance No. PA 1209/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Chapter III, Section G. Public Facilities and Services Element and Chapter V Glossary; 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).


MOTION:to approve a Third Reading and Setting a Fourth Reading and Deliberation for OrdinanceNo. PA 1209 on August 25, 2004.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.


b. ORDER 04-8-4-3/In the Matter of Directing Road Maintenance Staff to Follow and Implement Oregon Department of Transportation (ODOT) Best Management Practices (BMPís) for Routine Road Maintenance Activities and Any Successor ODOT Document Approved by the National Oceanic and Atmosphere Administration (NOAA) Fisheries for Coverage Under Limit 10 of the 4(D) Rule For Salmon and Steelhead, as Supplemented by Lane County.


Sonny Chickering, Public Works, asked the Board to direct staff to adopt the implementation of the ODOT Best Management Practices.He said there are methods of doing business intended to protect water quality and fish runs.He also wanted the Board to adopt and implement any successor ODOT documents subsequently approved by NOAA.He noted the process for getting NOAA approval is long and arduous.He commented that ODOT had already done the work by having their BMPís already approved by NOAA.He said if there is any need to update the BMPís as they exist today, he would have ODOT do it.He added if ODOT made any adjustments, he would ask that the Board authorize them to adopt and implement any successor documents.He said they also added a supplement to the ODOT BMPís because ODOT doesnít have any gravel roads and two activities they perform are gravel road grading and dust abating.He noted the ODOT BMPís do not cover either of the activities so they have written a supplement.He wanted to submit them to NOAA as well.


Dwyer asked how this differed from vegetation management best practices and how that ordinance would be affected by the adoption.


Chickering responded they had been using the ODOT BMPís for two years.He stated that at present they had halted all spraying activities until they have a report back to the Board as required by the last resort policy.


MOTION:to approve ORDER 04-8-4-3.


Dwyer MOVED, Morrison SECONDED.


Wilson commented that the alternative of not doing this is that the expenditure of funds might still occur, but it wouldnít be for the benefit of road maintenance or for fish, it would be involved in litigation costs.She stated the course that Public Works has chosen was a wise risk reduction strategy and puts limited funds to work for the citizens.


VOTE: 4-0.


c. RESOLUTION AND ORDER 04-7-28-2/In the Matter of Authorizing the City of Eugene to Assess Outside City Limits for Street Improvements to River Avenue.


Ollie Snowden, Public Works, recalled this item was rolled from last week as the City of Eugene was going to have a hearing.He stated the record has been kept open until today and that the Eugene City Council is scheduled to address the local improvement district on August 9.


Michelle Cahill, City of Eugene, passed out information that responded toproperty ownersí concerns. (Copy in file).With regard to Dwyerís question on timing, she stated their legal counsel said it was much cleaner for the properties in the county to know whether they are part of the local improvement district because the Board authorizes the city to include them as they go forward in forming the local improvement.She noted the record was left open until last night at 5:00 p.m. for written comment.She stated they have paperwork that indicates 31 parcels are being represented by property owners and that represents over 50% of the assessed property owners in the area.She noted they were working on the project without sure funding.She stated the project has been identified in the adopted Metropolitan Transportation Plan since 1986.She noted the plan addresses the need for alternate modes of transportation and talks about the need for sidewalks on both sides of the street to minimize the number of times people have to cross the street because it is a major collector and less safe.


Caldwell explained that the question before the Board is whether to allow these properties that are in the county to be part of their local improvement district.She said making the decision today, gives them the right to remonstrate.She commented that if they have over 50% remonstrating, their code requires them to have a hearing in front of the city council.


Morrison stated she visited the area and looked at the overall properties.She noted that everything on the north side is all commercial.She had concerns about this being a dead-end street. She didnít have faith in ODOT.She didnít want to expend all the dollars to find out that the street would be closed by ODOT.She didnít support any repairs to the north side.She said if they wanted to put sidewalks on the south side and have the Metro Wastewater District pay for them that she would be okay with that.


Hampton heard that the plan presented doesnít meet with the needs of the property owners.He hoped there would be a revised plan that would meet the needs of the people.


Dwyer commented the businesses didnít attract walk-in traffic and he didnít think the repairs were necessary.He was against the project.


Sorenson asked who was in favor of forming the local improvement district.


Caldwell replied the two representatives of the Waste Water Management Commission agreed with the project.


MOTION:to not approve 04-7-28-2.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.


Sorenson commented that when they take action to enable public improvements, that a showing by the public for the need has to be made.He said that arguments stating this would deal with traffic safety were made.He wanted to re-visit this if there was an issue of safety and whether the public and property owners thought there was a safety problem to formulate something for the community.






A. Approval of Minutes


B. Public Works


1) ORDER 04-8-4-4/In the Matter of Renaming Foss Way, a Private Road, to Blackberry Lane, Without a Public Hearing (16-03-35).


2) ORDER 04-8-4-5/In the Matter of Awarding a Requirements Contract to Philip Services Corporation for Hazardous Waste Disposal Services in an Estimated Amount of $71,000, and Authorizing the County Administrator to Execute the Contract (WM 04/05-6).


C. County Administration


1) ORDER 04-8-4-6/In the Matter of Authorizing Settlement of Certain Disputed Franchise Fee Payments from Comcast of Oregon II, Inc.




MOTION:to approve the Consent Calendar.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0.




a. ORDER 04-8-4-7/In the Matter of Establishing One Full Time (1.0 FTE) Mental Health Associate Position and Appropriate an Additional $60,405 in Revenue and Expenditures for FY 2004-2005 in Fund 286 for Mental Health Services Effective July 1, 2004.


MOTION:to approve ORDER 04-8-4-7.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0.




a. REPORT/Costs of Lane County Jail Operations, Other Considerations and Best Practices for Crime Reduction/Prevention.


Jan Clements, Sheriff, reported there was a request of the Sheriffís Office to cost out theoretical jail operations for a 100 bed municipal jail facility. He added at the same time they were asked for alternatives to reduce crime and intended outcomes. He said the County was interested in dealing with the greater criminal justice system.He understood Springfieldís frustrations but hoped they could reach mutually beneficial objectives.


John Clague, Corrections, stated this was a theoretical model and not one they worked with before.He commented that Lane County doesnít have experience in building a 100 bed jail.He said they made some assumptions in putting this together.He noted they built upon the work they did with the National Institute of Corrections grant in terms of building staffing models for a corrections facility and using their current experience with laundry, food and medical services.He said they didnít capture every cost as there were other factors.


Clague noted that everyone was frustrated with the lack of jail space and over capacity in the justice system.†† He noted that the Lane County Jail is inadequate to address any public policy about criminal justice.He said they donít have enough capacity for retribution, to incapacitate people who offend or for rehabilitation.He said that based on research, they are trying to review what they are being told.He said there is no known research that incarceration by itself is a deterrent to crime if that is public policy.†† He added that research tells them jail is important and necessary but it needs to be with treatment and field supervision.He said once they have everything, they are in a better position to address recidivism on a regional basis.His preference is to address this on a regional basis.He said they need Springfield to be a partner in any regional solution.He didnít think Springfield building a jail would prevent them from being a partner in a regional solution, it would require future discussions.He provided information that, if they choose to contract to rent some of the 119 empty beds, they could use that resource to use as a starting point.He thought they should go forward with that.


Morrison asked if they could get a copy of the analysis that went to the Springfield City Council to show what their annual cost would be.She said if they were basing the analysis on certain factors in the written memo, she wanted to know what Springfield did.She didnít see how Springfield could operate for less than $48.45 per day.She asked how realistic they were.She commented if there are 119 beds that are empty, she couldnít see how they could justify building another 100 beds when we canít afford to operate what we currently have.She stated they have the PSCC and the City of Springfield had been at the table and had discussed regional issues.She was concerned because the City of Springfield did not go to the PSCC before they went to their own city council.That was not acceptable to her.


Sorenson asked if it was a good idea for Springfield to build the facility.


Clague explained that Springfield had every right to establish public policy and carry it out.He hoped they could address the regional problem concurrent with Springfield addressing a community themselves.He commented that Springfieldís problem is Lane Countyís problem. He noted that Springfield had a large failure to appear in their Municipal Court and he said it would be to their advantage to capture those people until they are processed through the Court.He said that would reduce the number of outstanding warrants.He thought that would be an advantage to building the jail.


Dwyer commented it was hard to make a comparison when they didnít have an objective analysis.He was concerned about the fast track and taxpayers in Springfield.He was concerned they would build the jail but they wouldnít be able to maintain it.He commented that it needed to be a symbiotic relationship to benefit one another.


b. DISCUSSION/Springfield Jail.


Sid Leiken, Mayor of Springfield, 225 5th Street, Springfield, indicated that they had been discussing the jail in Springfield before he was a city councillor.He added they had been discussing this issue seriously for the past four years.He said they did bring it up before the PSCC.He said they are prepared to put this on the ballot to ask citizens if they were interested in a public safety courts building that would include a jail.He commented that the city council was not unified in having a jail.He didnít know if the jail would be included on August 16 when the proposal is sent out.He said the proposal that will go to the citizens is a public safety courts building.††


Dwyer asked if the decision was to go ahead with the ballot measure if there would be a companion measure that would identify the true cost of operations and what it would cost the taxpayer.He asked if one measure passed and the other didnít, what would happen.


Leiken wasnít sure what would happen.


Mike Kelly, City of Springfield, commented that Springfield had been involved within the PSCC history.He added they donít meet as often as in the past.He stated they possibly erred by not bringing this issue to the PSCC two months ago.He noted in May they started discussing putting this on the ballot in November.He added that no one in Springfield was putting a measure on in November 2004.He noted that November 2006 is when they renew their police and fire levy.†† He stated this had taken a fast track in the past four months because in November there are no competing measures and they have a crime issue.He spoke with Van Vactor and Dennis Taylor of Eugene to see if they would support it.He said at the administrative level there were no reasons why this couldnít go forward.He said they hired consultants that will produce the information that the Board is asking for.He noted that information would be available on August 16.He said the current proposal, if adopted, is to put a capital measure on the November ballot.He said they are going to suggest going out with a capital measure that is conditioned upon no sale of bonds until they have the staffing. They wanted to work on a common solution with the County.He added they have to renew their police levy in 2006 and the only question is whether they add extra positions to the police measure in case Lane County doesnít pass a measure to staff the jail.He said once the funding is approved they would start construction of the jail.


Jerry Smith, Police Chief, Springfield, commented that the five beds contracted by the City of Springfield have no use to the police.He said they arrest 20 to 25 people per day and those beds are for the Court, and the judge could designate up to five people who could be held that come from Springfield.He said now with budget issues there are 119 beds that are closed and need to be filled.He added the jail needs to be increased by another 600 beds.He said the failure to appear problem is not getting any better.†† He commented that the social services taking place in the community are not working.He said the treatment programs are being compromised because of lack of capacity and that has been an issue for the past 10 years.His concern is that a law enforcement district doesnít build beds. He indicated there was a cost to society if they do nothing because of the cost of crime and number of incidents.He wanted to see Lane County build sufficient capacity throughout the criminal justice system because every component is affected.


Kelly explained the cost of building including the jail is about $26 million or 90 cents per thousand for the taxpayers.He said to operate it annually is about $1.3 million.


Sorenson requested a copy of what was going to the Springfield City Council be sent to the Board of Commissioners.


Dwyer stated they needed to benefit one another.He hoped they could find a mutual way for the taxpayers.He said that Lane County was converting the psychiatric hospital into an offender management program and changing how they matrix people out of the jail.


Hampton hoped this would stimulate more public discussion, as ultimately it is the public that will be deciding what type of law enforcement decisions are made and the more they educate the public, the better decisions they will make.




Hampton stated he received a letter from the Water Resource Department.He indicated they are going to be touring Lane County on August 5 and 6 and the Board is invited to lunch. He received an invitation from Cottage Grove for their All American City celebration.




Dwyer announced that he was appointed to the Wildlife Animal Damage Task Force in Salem.


Hampton reported the Western Oregon Exhibition was taking place in Cottage Grove.


13. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Hampton adjourned the meeting at 12:25 p.m.


Melissa Zimmer

Recording Secretary