October 27, 2004

9:00 a.m.

Commissioners’ Conference Room



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.








Don Nelson, Coburg reported that all the information he has came from websites.  He said when he talked to the Energy Department; the applicant had not demonstrated that he alone could support the facility.  He asked who the others were, as it was not public information because there was a confidentiality agreement.  He talked to Williams Pipeline about this property and they did not have the ability to provide the natural gas for the plant and they would have to increase the operating pressures.  He noted there is a federal mandate from the office of pipeline safety that told Northwest Pipeline to decrease their operating pressures because of serious blowouts in the pipeline.  He said he hadn’t been able to find out that information.


Jim Lockard, Coburg, stated he was against the power plant.  He said the water temperatures could have an affect on the wastewater going into the McKenzie River. He said that 6,500,000 gallons of water would be returned to the McKenzie River daily.


Kate Pearl, Eugene, spoke on the McDougal land swap.  She was part of a citizen group that was formed in opposition to the proposed swap called Santa Clara Citizens for Responsible Parks and Open Space.  She said they participated in the last three city sponsored workshops on the issue and noted that it is an ill-considered proposal and that at all three public work shops the vast majority of Santa Clara residents were completely opposed.  She noted the proposal would expand the urban growth boundary to the north on a case-by-case basis and it wouldn’t have to wait until the entire urban growth boundary gets moved.  She said they viewed it as an expansion and not just a land swap proposal.  She explained the land that is to be sited on is a 197-acre tract of predominantly class one soils and class one farm soils.  She said it is the premier quality food growing soil in the state, and it needs to be protected for future value as well as its present food growing capacity.  She commented that the park is an inappropriate size and a detriment to the community.  She added there is no secured funding for the park development and for the improvements that are due them.


Jim Steiner, Eugene, discussed the raises for the Board of Commissioners.  He said he wasn’t against the Board getting a two percent increase or one percent going into deferred comp.  His concern was if this really was an emergency that the Board had to rule on.  He said if in fact the cost of living for the Board is two percent, with a one percent deferred comp,  it should be for every member in Lane County. He asked why employees should give up a health insurance benefit to pay for a cost of living adjustment.


Susie Johnston, asked the Board to consider the Dexter Shop site.  She said they have 50 people per week who come in and use the library and they check out over 100 books per week.  She noted their summer reading program was successful.  She noted the library is completely supported by volunteer dollars and hours.


Mona Lindstromberg, Veneta, announced this past Monday she attended a presentation by ODOT in Veneta to address the road projects in the area.  She said most people attending the meeting were interested in the designation of Highway 126 as a freight route.  She said they expressed their concerns about the designation and what the implications would be for Veneta and the route of 126 from Bend to Florence.


Al Phillips, Eugene, indicated the hotels in Albany are fully booked because of the German Shepard Dog Show.  He said they anticipated making $81,000 in food.  He said they looked at Eugene and they lost the thousands of dollars because of the psychological climate that people thought was anti-purebred.  He said the cooperation between the dog community and LCARA is positive.  He said the veterinarians have worked hard for licensing and he wanted to see the cooperation continued.


Lisa Arkin, Oregon Toxics Alliance, Eugene, asked that there be a public hearing for the Energy Siting Facility in November to give the public the opportunity to identify land use criteria and address whether or not the facility meets those criteria.












a. REPORT/Periodic Review Goal 5 Process for Riparian Areas Inside the Eugene Urban Growth Area.




b. ORDER 04-10-27-6/In the Matter of Adjusting the Compensation of Elected Officials.


Greta Utecht, Personnel Manager, reported the Budget Committee met yesterday and requested some additional information that wasn’t in their packet, on comparative salary information from other counties.  She provided a spreadsheet that showed what the difference would be with a two percent cost of living adjustment applied to the non-board elected officials.


MOTION: to approve ORDER 04-10-27-6.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-1 (Sorenson dissenting).




a. Announcements


Van Vactor announced that Anette Spickard had accepted the position of Deputy Assessor and is moving to Assessment and Taxation on November 1.  He added that they were trying to fill Tanya Heaton’s position.  He noted the original person they chose got a better offer and is staying in Texas.  He indicated the analyst staff would be down to David Garnick and John Arnold.


Van Vactor stated he was in Washington, D.C. last week and the overall report is that he was cautiously optimistic with regard to Secure Rural Schools.




a. FOURTH READING AND DELIBERATION/Ordinance No. PA 1214/In the Matter of Amending the Rural Comprehensive Plan and the Florence  Comprehensive 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  And  Private  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). (NBA & PM 8/25/04, 9/15/04 & 10/12/04).


Dwyer requested separating the two areas so they are not both tied up in an appeal.  He asked what the process would be.  He didn’t object to them but he wanted to make sure the action they take sticks and is defensible.


Stephen Vorhes, Assistant County Counsel, responded that he wasn’t sure how defensible it was.  He indicated all of the findings are drafted as a whole.  He said looking at what difference it makes in pulling them a part is that it might not be as strong as them together.  He thought both would be at some risk by putting them in separate ordinances instead of keeping them together.  He recommended not taking any action today and  to come back on what it would mean to change the findings and rationale for the separate actions.


Green wanted to move this forward as a package.  He commented that there had been a lot of work done on this over a period of time.  He recalled the Board traveled to Florence to hear the public and a number of people showed up in favor of this item.  He said they spoke highly of the owner of the golf course and the process.


MOTION: to adopt Ordinance No. PA 1214.


Dwyer MOVED, Morrison SECONDED.


ROLL CALL VOTE: 4-1 (Sorenson dissenting).


b. SEVENTH READING AND DELIBERATION/Ordinance No. PA 1188/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise the “Significant Mineral and Aggregate Resources Inventory”, Redesignate from “Forest” to “Natural Resource: Mineral”, Rezone From “F-1/Non-Impacted Forest Lands” To “QM/Quarry and Mine Operations” and Allow Mining for 40 Acres of Land Pursuant to Lane Code 16.400 and 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File PA 99-5144; Bradford Quarry/B.J. Equipment Company) (NBA & PM 3/19/03, 4/30/03, 2/4/04, 2/11/04, 2/25/04 & 10/20/04).


Thom Lanfear, Land Management, reported that this is back before the Board after deliberation that occurred on February 25.  He indicated the findings were revised with the discussion on that date.  He asked if there were any ex parte contacts.


There were none.


Green stated he didn’t have any contacts other than inquiries from the applicant about the timing and when it was coming back to the Board.  He forwarded those notes to legal counsel.  He said it would not influence any decision.


Lanfear said that included in the cover memo were discussions on how the findings were changed to match what the discussion was in February.  He indicated the aggregate resource site is considered significant, meeting the Goal 5 Rule requirements.  He said the conditions of approval were modified to take out the conditions that were not directly authorized by the Goal 5 Rule in that they addressed perceived impacts beyond the 2,300 foot impact area from the mining area or potential conflicts with local roads.  He explained the maximum allowable number of trucks per day is specified in the conditions and the specific road improvement requirements for Bear Creek Road and Cedarcroft Road are included.  He added the findings also stated that the proposal meets all conflict minimization requirements of the Goal 5 Rule and mining is allowed.

Green commented that this was one of the better applications they had seen.


MOTION: to adopt Ordinance No. PA 1188.


Dwyer MOVED, Morrison SECONDED.


Green was in favor of the application based on the findings.


Dwyer thought they met the test with this application.


ROLL CALL VOTE: 3-2 (Sorenson, Hampton dissenting).


c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1217/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise The “Significant Mineral and Aggregate Resources Inventory”, Redesignate From “Forest” to “Natural Resource: Mineral”, Rezone From “F2/Impacted Forest Lands” To “QM/Quarry and Mine Operations” and Allow Mining for 40 Acres of Land Pursuant to Lane Code 16.400 and 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File PA 02-6065; Egge Sand & Gravel LLC) (Second Reading & Public Hearing: November 10, 2004, 1:30 p.m).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1217 on November 10, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


d. DISCUSSION/Update on West Cascade Energy Facility.


Kent Howe, Land Management, understood that the Board wanted to have a public hearing and the letter they received on August 19, stated the Board has until December 15 to submit to the state the applicable substantive criteria.  He said staff put together what they thought those are and are included in the packet.  (Copy in file).  He gave the Board a list of alternatives on what they could do.


Dwyer suggested  hearing this matter the Tuesday before Thanksgiving.


Hampton asked if they had a complete application.


Howe responded that they did not have a complete application regarding their responses to local criteria in standards and requirements.  He stated the applicant had made it clear that it is complete from their standpoint.  He said the processing of the application would be based upon the applicant not responding to what are all of Lane County’s requirements.  He suggested the hearing be held on November 22, 2004 at 6:30 p.m.


Morrison asked if they were going to have the public hearing around specific areas.


Howe said they could have a hearing to just identify what the applicable criteria are.  He said they could combine that or delay until next year whether or not the criteria had been met.  He indicated that was what the Energy Facility Siting Counsel needed by December 15.


Sorenson was concerned if they narrowed the topic of the public hearing.  He wanted to have a broader public hearing where people could discuss the economics of the project and the benefits and the drawbacks.


Dwyer commented that the focus of this meeting is for them to be ready to comply with the siting council.  He wasn’t opposed to having a subsequent public hearing.  He thought at the conclusion of the meeting they could decide when they are going to have the subsequent meeting and let the people know.


Green stated they would have the meeting on November 22, 2003 at 6:30 p.m. and have the public hearing defined as a narrow scope project.


Hampton thought they should set up another hearing so people know they would be able to speak again.


Vorhes explained that part of the reason the Department of Energy sent a letter stating Lane County had more time was because they were waiting to get more information from the applicant.  He thought having a hearing on whether the application complies with the substantive criteria later makes sense.  He suggested holding another hearing on compliance with substantive criteria.  He thought determining what the criteria were is the focus of the hearing.




A. Approval of Minutes:  none.


B. Public Works


1) ORDER 04-10-27-1/In the Matter of Modifying the Terms of the Installment Sale of the Property Formerly Known as the Dexter Shop Site to Dexter Library, a Non-Profit Corporation.


2) ORDER 04-10-27-2/In the Matter of Authorizing Public Works Fleet Services to Purchase Various Equipment and Vehicles Off State Price Agreements and the Director of Management Services/Purchasing Manager Authority to Execute State Price Agreements and Sign Purchase Orders in Excess of $50,000 for Vehicles and Equipment with Other Vendors in Instances Where Prices Offered are Less than the State Price Agreement and are Acceptable to Public Works, Lane County Purchasing Rules and County Counsel Review; With the Total Sum of all Purchases Authorized by this Action not to Exceed $1,119,000.00.


3) ORDER 04-10-27-3/In the Matter of Approving Letters to the Oregon Transportation Commission and Oregon Legislative Delegation Requesting Additional Time For Comment and Clarification of Freight Route Issues on State Highways in Lane County.


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. DISCUSSION/Lane County's Participation in SB 1145 Programs.


Green explained that some counties have opted out of the SB 1145 Program.


Rob Rockstroh, Health and Human Services, recalled this had been discussed several times before.  He said that Parole and Probation could be sent back to the state, but he didn’t recommend sending it now because it would impact the entire system.  He said they are trying to guess what will happen in the future with the legislature.  He thought the governor was going to commit to Department of Corrections Funding.  He recommended against opting out.


Dwyer asked what would happen with the prisoners if Lane County opted out.


Jan Clements, Sheriff, replied the in-custody piece would go back to the state.  He said they wouldn’t come through Lane County except if they were awaiting trial and then being transported.  He noted that Linn, Douglas and Curry Counties had opted out.  Clements said they could end up with prisoners if they choose to agree.  He thought Lane County would be the losers if they opted out.


Sorenson agreed with the recommendation that they don’t take any action.


Green commented that until AOC gets together with other counties regarding the senate bill that they would be working against each other.  He thought they should continue  to do what they were doing and then press the issue.


Clements recommended--in the public interest of Lane County citizens--to stay the course.  He said they are going to have to evaluate having a public safety district.


Green said the Board accepted staying the course.


Morrison suggested bringing this back in April as a report back.




a. ORDER 04-10-27-4/In the Matter of Adjusting the Salary Range for the Supervision and Treatment Services Manager in the Department of Health and Human Services.


Greta Utecht, Management Services, noted that Parole and Probation and Alcohol and Drug Offender Treatment are now merged together into one division.  She said the division manager is now classified as the ADO Manager.  She said because the responsibilities have increased with taking on Parole and Probation, their recommendation is that they create a new classification and adjust the salary commensurate with the increased responsibilities.


MOTION: to approve ORDER 04-10-27-4.


Morrison MOVED, Dwyer SECONDED.


VOTE: 5-0.


b. ORDER 04-10-27-5/In the Matter of Creating the Classification and Salary Range for Mental Health Manager in the Department of Health and Human Services.


Greta Utecht, Management Services, explained they have a couple of positions that needed to be reviewed.  She said with the closing of the Lane County Psychiatric Hospital, the position has had more responsibility and the key responsibility is assessing mental health and safety issues with some of the patients.  She said their recommendation is for the position to go from a Range 41 to 45.  She said the department indicated there is more than enough in the budget to cover the position.  She noted the annual cost for fiscal year 04/05 is $6,320.  She said they are also creating a new classification for this position.


MOTION: to approve ORDER 04-10-27-5.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


c. REPORT BACK/LCARA Quarterly Report.


David Suchart, Management Services, explained the quarterly report showed things that were going on in Animal Control other than items that were part of the task force report.   He said they have a draft rabies vaccination ordinance that they are taking to the Veterinary Association.  He said he would meet with the vets and then bring it to the Board for adoption.  He indicated they set up a voucher program for the spay and neuter clinic. He noted the microchip clinic is ongoing.  He said they are going to work with other agencies to set up a database.  He reported they have a voluntary cat program.  He noted the two tiered license fees are in place. He reported that they haven’t worked on the legal and code changes and are doing them as needed, because of limited staff time.


With regard to the licensing program, Suchart said they had no complaints about it and they have sold more licenses.  He thought they would get more complaints when they raise fees because the service is the same.  He said they were able to raise fees and open the cattery and extend hours.


Suchart reported with the statistical report of the first quarter, because some of the statistics were not kept in the past, that they would do a better job next year. He indicated it is a work in progress to see what is working and what is not working.  He said they have impounded fewer dogs because of the increased licensing.  He added adoptions are up and euthanasia is down.


Dwyer requested copies of materials on where Suchart is and what he had done with the task force report.








Green announced that he would not be able to attend the meeting at Willamalane.


13. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Green adjourned the meeting at 11:15 a.m.


Melissa Zimmer

Recording Secretary