February 25, 2004

1:30 p.m.

Commissioners' Conference Room

APPROVED 3/31/04


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



Item 10. a.. was pulled.









Sorenson brought up the continuing issue of Representative Kruse and whether he would step down because he doesn’t live in his district.  He noticed that when the interim committee assignments were made that not only is representative Kruse listed as a member of the interim committee, but he is the co-chair of a committee for Human Resources that highlights the issue about getting the matter resolved as to whether he could participate in any interim committee assignments or meetings of the legislature.


Dwyer recommended sending a letter to Lane County’s delegation and the house leadership expressing their concern of interim appointments, including a member whose ability to serve is in question.







a. Announcements






a. PUBLIC HEARING AND FINAL ORDER 04-2-25-1/In the Matter of Surrender of Portions of South Garden Way (County Roads Number 307, 388, 531 and 1304) to the City of Eugene.


Bill Robinson, Land Management, explained the issue is to decide whether to surrender this to the City of Eugene.  He noted the City of Eugene had enacted an ordinance on December 1, 2003, formally requesting jurisdiction over this portion of South Garden Way.  He added this action is in accordance with the amended city/county road partnership program agreement of July 1, 2003.  He said the notice of this hearing had been posted. 


Robinson indicated that the proposed surrender of the jurisdiction of the segments of the road would allow the city to maintain, develop and improve them if necessary to the city’s specifications and standards. 


Robinson said the Board could approve the order to surrender jurisdiction of the portions of the road, deny all or any portion of the order to surrender, or to postpone further action.  He noted the timing is significant with this as there is a 150-day period that began on December 1, which the city requested.


Commissioner Green opened up the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION:  to approve ORDER 04-2-25-1.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 1-04/In the Matter of Amending Chapter 5 of Lane Code to Adopt Definitions and Regulations Pertaining to Illicit Discharges into the County Stormwater System for Application to the Urbanizable Lands Within the Eugene-Springfield Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 5.710 and LC 5.747) (Second Reading and Public Hearing: March 10, 2004, 1:30 p.m.). 


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 1-04 for March 10, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 2-04/In the Matter of Amending Chapter 9 of Lane Code to Adopt Eugene Regulations Pertaining to Erosion Prevention for Application the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 9.945) (Second Reading & Public Hearing: March 10, 2004, 1:30 p.m.).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 2-04 for March 10, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a. REPORT/CVALCO Semi-Annual Report.


Kari Westlund, CVALCO, reported their indicators looked solid and their industry is starting to emerge with other industry sectors from the recession.  She said they saw room tax collections rise 2.1% for the six-month period and hotel occupancies stronger than they were for the same period. 


With regard to convention sales, Westlund said they saw strength in bookings over the same period last year.  She said that was in the sports segment, but as they move into the year 2004, they were seeing demand in regular convention interest.  She noted there was a continued increase in website traffic and softening in traditional 800 number calls and responses to their add.  She added they saw strength in ad inquiriesShe said they saw a 161% increase over the same period last year in responses to the ads they specifically placed for Lane County.


Westlund recalled they had taken their visitor guide from an every other year publication to one every year.  She noted when they had a visitor guide; there were stronger membership sales.


Westlund stated they had been working with Cultural Cascades.  She stated that over the past six months, they have secured around $100,000 in media play for less than $10,000. She noted they are on United In Flight in the San Francisco Market and a variety of cultural publications.


Westlund asked what the Board’s policy direction was with their [CVALCO’s] funding in the future.


Van Vactor suggested that Westlund meet with Tanya Heaton, Senior Budget Analyst, to review the policy direction.


Westlund encouraged the Board to review how they use transient room tax for the highest and best use.


b. Letter regarding representation of Representative Kruse.


Dwyer stated he called Khafory’s office to find out whether or not she had moved out of her district.  He left a message on her answering machine about the Board’s concern about compliance with the constitutional requirement


Sorenson asked about the deprivation of rights regarding a legislator.


Wilson responded there was no process or procedure in the state statute law with respect to removing a legislator who no longer meets qualifications. She found a 1975 Attorney General’s opinion that indicated that the house or senate itself determines qualification.


Dwyer suggested they recognize that the legislature is the appropriate venue to deal with this issue in a timely manner. 


Sorenson thought a recall was another way of people taking an action.


Green said the letter was fine for him.


Dwyer and Morrison concurred.




a. REPORT/Lane County Compensation System. (PULLED)


b. ORDER 04-2-25-2/In the Matter of Creating a Classification and Salary Range for Correctional Services Technician


MOTION:  to approve ORDER 04-2-25-2.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


c. ORDER 04-2-25-3/In the Matter of Accepting a Bid Tendered at a Sheriff’s Sale Held on February 12, 2004 for Surplus County Owned Real Property and Selling Said Real Property to the Respective Bidder (Map # 18-03-13-20-03900, Former Property of the Seavy Loop Water Co.)


MOTION:  to approve ORDER 04-2-25-3.


Hampton MOVED, Sorenson SECONDED.


VOTE: 5-0.




A. Approval of Minutes:  None.


B. Public Safety


1)ORDER 04-2-25-4/In the Matter of Accepting an Amendment to the Cooperative Agreement with United States Army Corps of Engineers-Portland District.


2)ORDER 04-2-25-5/In the Matter of Award of Bid LCP 2003-08 for Requirements Purchase of Pharmacy Services for Lane County Adult Corrections.


3)ORDER 04-2-25-6/In the Matter of Authorizing the County Administrator to Sign a Grant Application to the Department of State Police, Criminal Justice Services Division for $7,000,000 to Support the Homeland Security Initiatives of Jurisdictions Countywide.


MOTION:  to approve the Consent Calendar.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. ORDER 04-2-25-7/In the Matter of Increasing Revenues and Expenses in the Department of Health & Human Services Budget (Human Services Commission Fund 285) in the Amount of $44,468 to Increase FTE by 2.5 by Establishing a 1.0 FTE Nurse Practitioner, 1.0 FTE Bilingual Community Service Worker, and a .5 FTE Accounting Clerk.


Steve Manela, Human Services Commission, explained since they originally put together the grant and started to operate the program, a nurse practitioner employed at the Mental Health Division decided not to come to work at the Community Health Center.  He noted that Springfield High School pitched in for another .5 nurse practitioner.  He said that necessitated an additional nurse practitioner position for the Community Health Center.  He added they learned from the State of Oregon Office of Medical Assistance Program that they would pay 100% of the funding of a position that would enroll people for the Oregon Health Plan that is the community service person they added.  He indicated the part-time accounting clerk was included for the second year of the program in the original grant and they don’t anticipate adding that position until the next fiscal year, but they wanted to budget for it at this time.


MOTION:  to approve ORDER 04-2-25-7.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


b. ORDER 04-2-25-8/In the Matter of Appointing Nine Members to Fill Vacancies on the Community Health Centers Advisory Council.


Hampton asked what process was used to choose the members.


Manela responded that they have a 15 member advisory committee and of the 15 members, they could have eight who are using the clinic services and the balance could be from the community.  He added that no more than a majority of the community members could be from the health care industry.  He noted they had many talented people who were interested in serving and they were only able to choose a few.  He said they gave weight to some of the community partners who have worked with the health center project.


MOTION:  to approve ORDER 04-2-25-8.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


c. ORDER 04-2-25-9/In the Matter of Approving the Submission of Grant Applications for Continuation Funding for the Community Health Center to the U.S. Department of Health & Human Services in the Amount of $1,300,000 for FY 2004-2005 and FY 2005-2006.


MOTION:  to approve ORDER 04-2-25-9.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.



Morrison noted that she would be going to Washington D.C.  She announced that Women in Timber was kicking off the Logging Conference.  She noted this year they would have their 1 millionth student through the Talk about Trees Program.


Dwyer stated he attended the Fair Board meeting.  He announced that there would be a legislative forum at the Campbell Senior Center tonight.


Sorenson introduced his guests:  Raju Prasad Chapagai from Nepal and Sergiy Lozan from the Ukraine.


Green stated he would be attending the United Front in Washington D.C. from March 1 to March 5.


14. EXECUTIVE SESSION as per ORS 192.660

To be held after the meeting.






ORDER 04-2-25-10 Ratifying and Approving Settlement of the Claims of Delhur Industries, Inc.


MOTION:  to approve ORDER 04-2-25-10.


Morrison MOVED, Dwyer SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Green adjourned the meeting at 4:15 p.m.



Melissa Zimmer

Recording Secretary