January 14, 2004

9:00 a.m.

Commissioners' Conference Room

APPROVED 2/10/04


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.




Dwyer requested that under Commissioners Business they ask County Counsel for an opinion regarding the establishment of  a fire district providing services for a city. 




Bruce Miller, P.O Box 50968, Eugene, spoke regarding filling Floyd Prozanski’s seat.  He supported Paul Holvey.


Mary Lou Vignola, 2468 Hawkins Lane, Eugene, stated she was asked to appear to provide a letter about the elections that were held in House District 8 held on January 5 to fill the seat vacated by Floyd Prozanski.  She read the letter into the record.  (Copy in file).


John Cuff, 2512 Melrose Lane, Eugene, discussed the rules of selecting the replacement for the District 8 candidate.


Melvin Olson, P. O. Box 699 Newburg, spoke on behalf of Highland Water Corporation.  He stated he is a licensed contractor and offered his services for the Seavey Loop water problem.








Sorenson noted a number of the faith communities put together their endorsement for a yes vote on Measure 30.


Hampton noted there has been an increased level of nitrates in the water in the Coburg area.  He asked the Board to authorize staff time to Kent Howe to work on the water quality of the area.


Morrison was concerned about duplication of work, as other agencies were working on this   She added that Senate Bill 1010 was dealing with the agricultural lands and plans for water quality.


Dwyer thought that Land Management was already working on this project by keeping tabs on the groundwater.  He had no objection with authorizing Howe to work on this.




a.  ORDER 04-1-14-1/In the Matter of Appointing a Resident Commissioner to the HACSA Board of Commissioners.


Green explained that he, Morrison and Sorenson interviewed five candidates for the position.  He noted the position was required under the HUD rules.  He indicated that two commissioners had served for two years and June Gallagher’s position was up.  He said the Board’s charge was to make the appointment through an interview process and they did.  He stated that tapes were provided for Hampton to listen to.  He added that Dwyer was excused from the meeting.


Green thanked June Gallagher for her hard work and efforts while she was a Resident Commissioner.


Dwyer stated he would abstain from voting.


Hampton stated he listened to the tapes and was prepared to take action.


MOTION: to nominate Hugh Masengill for Resident Commissioner, with his term expiring January 2008.


Morrison MOVED, Green SECONDED.


VOTE: 4-0. (Dwyer abstained)


b.  REPORT/Update on Willamalane Parks and Recreation District Draft Comprehensive Plan.


Bob Keefer, Willamalane, explained that Willamalane is a special purpose district that is responsible for all the parks and recreation activities in the greater Springfield area.  He said they have been in the process of updating their Comprehensive Plan for two years.  He noted they involved a lot of public input, including staff from Lane County.  He said they were before the Board last year with an update.  He said they are bringing Lane County into the process because at the end of the adoption of the Comp Plan, it will be integrated into the Metro Plan as an amendment.  He said it would give their plan land use credibility.  He noted it is a 20-year vision for Willamalane.


Rebecca Gershow, Willamalane, gave a presentation on their Comprehensive Plan. (Copy in file).  She commented they wanted to make sure the plan is reality based, not just a 20-year vision.  She said they split 150 projects that were developed on their action list into three phases.  She noted the first two phases hold half of the projects in the action list and in those two phases they developed a Capital Improvement Plan.  She said the first phase is a status quo budget, including their general fund, system development charges, donations and grant revenue. She explained that Phase 2 was a more significant phase, with a new community center included.  She said the center and a number of new development projects are contingent on passing a general obligation bond.  She noted the $16 million includes $11 million from a general obligation bond.  She said in 2009 they would have paid off all of their bond debt and are proposing to go to the voters and ask them to approve a new general obligation bond for completion of the community recreation center and significant additional facility and park development and acquisition projects.  She noted for all projects to be funded, the cost would be in excess of $50 million. She indicated that they have a $27 million shortfall.


Gershow explained in addition to the capital improvement costs, there are operational impacts in developing the plan.  She said at the end of Phase 1, (assuming that all of those projects are completed) they have an additional operations impact of $137,000.  She said at the end of Phase 2, they have significantly more projects, including a recreation center.  She said they are seeking an additional $701 annual fee for operating parks and facilities.  She noted they had developed a way for meeting additional operation costs where they have a levy or concepts like lowering their maintenance standards.  She added that they want to use more volunteers, enhancing their adopt-a-park program or postpone projects until maintenance funds are available.


Sorenson asked where the other public parks and agencies were compared to Willamalane.


Keefer responded they are comparable with Springfield or slightly ahead of the City of Eugene.  He noted they have two aquatic facilities that are supported by  residents.  He said their adult center is one of the best in the nation.  He said they have excellent softball recreation programs.  He explained they were light in their adult programs but that had been a decision of a prior Board.  He added they were also light on trails.


With regard to Performance Measures, Gershow indicated they had included them in the plan in order to evaluate how they are doing as well as to guide their future planning so it could be a living document.  She noted they tied performance measures to their goals.  She said it is Willamalane’s plan but it is going to be the community’s plan and it impacts people living outside of the urban area in Springfield.  She noted they would be coming back to the County in the summer for the adoption of the refinement plan.


Morrison asked if there was any opposition to the plan.


Greg Hyde, Willamalane, stated they had many public meetings and they based the proposals on the input they received.  He said they always received positive feedback.


c.  DISCUSSION AND ORDER 04-1-14-2/In the Matter of Appointing Representatives to Various Committees and Agencies.


MOTION: to approve ORDER 04-1-14-2.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


d.  DISCUSSION/Disposition of Water System/Seavey Loop.


Hampton recalled the water system was owned and operated by a Mr. Woolsey.  He noted the 38 recipients were having problems because there was lack of responsiveness on the part of the Woolseys to take care of water needs.  He said the PUC started an investigation.  He said the County foreclosed on the property and that is why it is Lane County’s property.  He noted the minute it became Lane County’s property, the PUC no longer has any authority to control it.  He had a meeting with the 38 water recipients.  He said they thought the most logical way was to combine it with a neighborhood association meeting so everyone in the area could be aware of what the problem was.  He noted there was a good turnout.  He noted the purpose of the meeting was to find out what the wishes were of the water recipients.  He said their first wish was for Lane County not to sell the property back to Mrs. Woolsey.  He indicated Woolsey was interested in buying the property back.  He said it is a four to six week process to do all of the notification and they would have to sell the property at a public auction.  He said the homeowner’s recommendation was for Lane County to lease the property to a water company for the short term.  He noted in that period of time, the water recipients will get together to either form a homeowners group or a water district.  He said the PUC told him that they would reject the re-sale to the Woolsey family because of the previous problems that were found.  He added before Lane County foreclosed on the property, the PUC was conducting an investigation into the water system.


Green asked what was next for Lane County.


Hampton said Lane County has to find someone to operate the water system.


Jeff Turk, Management Services, explained there were several options.  He said one option was to do nothing.  He said the County acquired the property, it didn’t acquire the business or the obligation to operate the business.


Wilson explained Lane County had done nothing since September.  She noted the water delivery was still occurring.  She said the improvements are not being made but water had not been shut off. 


Turk noted there are water operators with whom the County could enter into an agreement to either lease the property to them or do a service contract to operate the system and maintain it.  He added the County could move forward in putting the property up on a Sheriff’s sale to sell or operate it.


Hampton suggested leasing it to a water company. He thought it was a good way to ensure that the people are going to have water.  He said the water company that attended the meeting made a commitment to looking at the pumps.  He added the water system had ineffective pumps that are leaking and the water pressure varies.  He also noted the reservoir is leaking.


MOTION: to move to lease the system to a water providing company for the short term to ensure the water recipients have water.


Hampton MOVED, Sorenson SECONDED.


Wilson wanted the flexibility to work with a license instead of a lease for a short period of time.  She thought it could help address potential real property taxes being incurred.  She wanted to minimize the costs involved.


Dwyer wanted as part of the motion to give direction to move forward with disposing of the property.


Morrison wanted an accounting of the costs incurred in regard to these projects.


VOTE: 5-0.


e.  DISCUSSION/Fire Districts


Dwyer stated that in the Metro Plan it says the cities are providers of services and not districts.  He was concerned when the city takes the initiative to join with a district, abdicating their responsibility to the Metro Plan.  He said there is a tax cap the city is faced with.  He commented the formation of the district is a subterfuge  to escape the cap so the people could either pay more or pay twice.  He wanted the Board to check the question with counsel and if it does require that the cities are natural providers of the services then a letter needs to be sent to the Boundary Commission. He commented that they have no right under the Metro Plan to allow this if the Metro Plan requires an amendment. 


Van Vactor indicated they received a referral from the Boundary Commission.  He set up a meeting to meet with the planning director.  He said he would have an oral report next week because there wasn’t any time as it is scheduled for the Boundary Commission on February 5.  He wanted to get preliminary direction.


Wilson said because Vorhes is working with Van Vactor, it would meet Dwyer’s needs.


Dwyer concurred.


f.  Coburg Water Problem


Hampton thought the County needed to be a player in this. He said they have to be kept informed.  He didn’t think there needed to be another level of government, they needed to let the people know that Lane County wanted to be a part of it.


Green recalled that Hampton wanted to have staff of Land Management involved.  He asked to what degree they would be involved.


Van Vactor suggested Howe work with Hampton and report back to the Board on how it fits into their work plan.


Morrison was concerned that this could cause another contract with LCOG.




a.  Announcements


Van Vactor indicated they received notice from the City of Eugene that they are seeking to extend their urban renewal district on the Riverfront Research Park for 20 years as well as expanding the boundaries slightly, to incorporate the federal courthouse area.  He noted the financing arrangement had changed.  He sent a copy to the assessor and he will have a report back to the Board.




a.  THIRD READING AND DELIBERATION/Ordinance PA 1190/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land To "Commercial", and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway). (NBA & PM 8/27/03 & 9/10/03)


MOTION: to move a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance PA 1190 on July 14, 2004.


Dwyer MOVED, Morrison SECONDED.


Vorhes noted the record would stay open for that period of time to allow the applicant to show completion of the conditions.


VOTE: 5-0.


b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1195/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Agricultural" and Rezoning That Land From "F-2/Impacted Forest Lands" to "E-25/Exclusive Farm Use"; and Adopting Savings and Severability Clauses (File PA 03-5269; Laurelwood Academy) (Second Reading & Public Hearing: February 18, 2004, 1:30 pm).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance PA 1195 on February 18, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


c.  ORDER 04-1-14-3/In the Matter of Appointing Two Members (Ed Becker & James Carmichael) to the Lane County Planning Commission.


Green indicated he and Hampton held interviews and interviewed five candidates.  He noted it was an open process.  They recommended Ed Becker and James Carmichael.


MOTION: to approve ORDER 04-1-14-3.


Dwyer MOVED, Hampton SECONDED.


Morrison stated she would support the motion.  She  commented that as a Dunes City Planning Commissioner and City Councilor, Ed Becker had his own agenda and didn’t understand everything.


VOTE: 5-0.




A.  Approval of Minutes


B.  Health and Human Services


1)  ORDER 04-1-14-4/In the Matter of Awarding a Contract to Relief Nursery in the Amount of $104,861; and Delegating Authority to the County Administrator to Sign the Document.


C.  Management Services


1)  ORDER 04-1-14-5/In the Matter of Authorizing the County Administrator to Execute a Three-Year Lease Agreement with an Additional Three-Year County Option with LGR Associates for Property Located at 1640 G Street, Springfield to be Used for a County Operated Community Health Center at a Lease Expense of $575,817.


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.




a.  ORDER 04-1-14-6/In the Matter of Award of RFP 2003-09 for Food Services Agreement and License.


David Suchart, Management Services, stated he set up the contract different than before.  He added they had the cafeteria make changes to the menu with more variety.  He commented it was a service to the people who work in the building and to the jurors.


MOTION: to approve ORDER 04-1-14-6.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




Dwyer commented he received correspondence for the applicants for Prozanski’s position.




Green indicated he participated in the Oregon Leadership Summit in Portland on Monday.  He noted there were more people who are mentally ill taking up bed space when they should be in a psychiatric hospital.


12.  EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.






There being no further business, Commissioner Green recessed the meeting into Executive Session at 11:25 a.m.



Melissa Zimmer

Recording Secretary