BOARD OF COMMISSIONERS'

REGULAR MEETING

February 16, 2005

Following HACSA Meeting

Commissioners' Conference Room

APPROVED 3/16/05

Commissioner Anna Morrison presided with Commissioners Bobby Green, Peter Sorenson and Faye Stewart present.  Bill Dwyer was excused. Assistant County Counsel Stephen Vorhes and Recording Secretary Malinda Dodson were also present.

1. ADJUSTMENTS TO THE AGENDA

 

None.

 

2. PUBLIC COMMENTS

 

Mona Linstromberg, 87140 Territorial Road, Veneta, questioned if Planning Director Steve Hopkins, has any experience in processing cell phone applications.  Linstromberg stated that the application process should be looked at and Ordinance No. 17-4 should be reviewed in its entirety if the County chooses to remedy errors in the ordinance.  Linstromberg suggested using Susan Payne from LCOG to look at processes under Lane County Code.  

 

3. EMERGENCY BUSINESS

 

None.  

 

4. COMMISSIONERS' REMONSTRANCE  

 

None.  

 

5. RESOLUTIONS

 

a. ORDER 05-2-16-1/In the Matter of Celebrating Rotary’s Accomplishments and its 100th Anniversary.  

 

Commissioner Morrison acknowledged the 100th anniversary of Rotary’s accomplishments.  She read from the Order:  “Rotary is a worldwide organization of business and professional leaders providing humanitarian services, encouraging high ethical standards and helping build good will and peace in the world.  Rotary consists of 1.2 million Rotarians in 31,000 rotary clubs in 166 countries.   Rotary’s motto is: “Service above Self.”

 

Commissioner Morrison commented on the good work done by the Rotary behind the scenes in Lane County, such as donating money to Relief Nursery and for the Skinner Butte project.  Morrison also acknowledged Lane County Rotary members including Darryl Larson, Circuit Court Judge, and Doug Harcleroad, District Attorney.

 

MOTION:  To approve ORDER 05-2-16-1 In the Matter of Celebrating Rotary’s Accomplishments and its 100th Anniversary, Commissioner Dwyer MOVED approval, Commissioner Stewart SECONDED, VOTE: 5-0.

 

6. COMMISSIONERS' BUSINESS

 

a. ORDER 05-2-16-2/In the Matter of Support of Port of Siuslaw for Request of Funds for Dredging at the Federal Level.

 

MOTION:  To approve ORDER 05-2-16-2/In the Matter of Support of Port of Siuslaw for Request of Funds for Dredging at the Federal Level, Commissioner Dwyer MOVED approval, Commissioner Green SECONDED, VOTE:  5-0.

 

b. RECOGNITION/Charitable Contributions Campaign.  

 

Commissioner Morrison announced that Lane County received the 2004 Helping Hand Award from United Way for their generous contributions in the 2004 United Way Campaign, as well as donations of time and effort in the annual Day of Caring project.   

 

Commissioner Morrison recognized Rochelle Jones for her time spent and the wonderful job she did in coordinating the internal campaign at Lane County.  

 

Morrison commented that as the needs in the community continue to grow, awareness plays an important role in what we do at Lane County.

 

Commissioner Sorenson asked Jones about the status of Lane County’s campaign.

 

Jones reported that although donations were down slightly, participation remained about the same.  Jones stated that Lane County contributed $91,129 of the 414 employees who contributed.   

 

Commissioner Morrison stated that overall charitable giving by Lane County residents was approximately  $4.8 million.

 

7. COUNTY ADMINISTRATION

 

a. Announcements

 

County Administrator Bill Van Vactor regretfully announced that Management Analyst John Arnold has submitted his resignation. Van Vactor stated that  Arnold established finances with Title II & III and was instrumental in the foundation work for the renewal of Secure Rural Schools and Community Self Determination Act of 2000.  Van Vactor said that Arnold would be missed, but that that they would move quickly to fill the vacant position.   

 

b. ORDER 05-2-16-3/In the Matter of Awarding Contracts for Strategic Investments Projects Selected Through the 2004 Economic Development RFP Open Proposal Cycle.

 

Economic Development Coordinator, Peter Thurston, reported that the Lane Economic Committee met Monday, February 14, and agreed with two projects recommended by the Economic Development Standing Committee (EDSC) that would be funded with remaining funds of 2004 awards.  

 

Thurston stated that the Lane Economic Committee felt the BRING project was a good investment but was questioned why it wasn’t funded at $150,000.  Thurston explained that the Economic Development Standing Committee (EDSC) wanted to retain a higher level of reserve.   

 

Thurston further reported that the Lane Economic Committee felt that the E-Permitting project was a worthy and essential project because it leverages jobs, but they expressed concern whether it should be funded through a grant.   

 

Commissioner Stewart stated that, given the criteria given to judge grants, he felt the two projects met the requirements, but he too wondered if E-commerce should be funded through a grant.  Stewart recommended that the criteria used to judge grant requests be reviewed to ensure it meets their goal.   

 

Thurston stated that the first time around the criteria was loose but that the criteria is now based on job creation and workforce development.  

 

Bill Van Vactor suggested that modifying the goal is an alternative.  

 

The committee will discuss the goal for awarding contracts at the next agenda.  

 

Commissioner Morrison asked if the projects would be tracked for outcomes as they move forward.  

 

Thurston said they started out with the ambition of doing that at first but found that the connection back is dubious after a few years.  

 

Referring to outcomes, Morrison referred to the leverage of dollars that have contributed to the projects and questioned if as many jobs were leveraged as they think.   

 

Dwyer stated that revising the language to reflect that they can’t use Lane County money as leverage should also be looked at.

 

MOTION:  To Award Contracts for Strategic Investments Projects Selected Through the 2004 Economic Development RFP Open Proposal Cycle, MOVED by Commissioner Dwyer, SECONDED by Commissioner Stewart, VOTE:  5-0.

 

8. PUBLIC WORKS

 

a. ORDER 05-2-16-4/In the Matter of Awarding a Contract to C.P. Construction, LLC, in the Amount of $599,995.70 for Grading, Structure & Paving for Clear Lake Road (MP 2.96 to MP 3.23) and Gibbs Creek Bridge (MP 3.1), Contract No. 04/05-03.  

 

Sonny Chickering reported that the project ended up much more complicated than expected accounting for the extra $250,000 cost to the project.  Chickering explained that they replaced a two span bridge with a single span and did some realignment and reconstruction work on the existing roadway because of the impact to wetlands in the surrounding area.   

 

Chickering reported that there is surplus money from FY04-05 in the Capital Investment Project fund and requested that the Board reprogram money from FY05-06 back to FY04-05.   

 

MOTION:  To Award a Contract to C.P. Construction, LLC, in the Amount of $599,995.70 for Grading, Structure & Paving for Clear Lake Road (MP 2.96 to MP 3.23) and Gibbs Creek Bridge (MP 3.1), Contract No. 04/05-03, Commissioner Dwyer MOVED approval, Commissioner Green SECONDED, VOTE: 5-0

 

b. ORDER 05-1-19-3/In the Matter of Amending the 05-09 Capital Improvement Program by Allocating an Amount Up to $50,000 for the Simmonds Creek Culvert Replacement Project, Blue River Road, MP 0.45, under the Culvert Replacement for Fish Passage Category; and Authorizing the County Administrator to Execute Agreements with the McKenzie Watershed Council Related to Said Project. (NBA & PM 1/19/05 and 2/9/05).  

 

Sonny Chickering reminded the Board that on January 19, 2005 Order 05-1-19-3 was considered by the BCC with a 2-2 tie and the Board directed staff to come back for reconsideration when a fifth Commissioner would be in attendance.

 

Chickering explained that there is an ongoing relationship with the McKenzie Watershed Council and other watershed councils for the replacement of culverts to enhance fish passage opportunities.    

 

Chickering stated that the scope of the project has changed significantly.  He explained that in order to get environmental approval, they had to construct bridges rather than culverts, and because the construction of bridges is out of the realm of normal duties, staff has advised funding for the project.   Chickering said that the CIP has one million dollars in net fund and the $50,000 to fund this project would come from CIP.

 

Warren Welsh from the McKenzie Watershed stated that they would not have sought funds for the project without learning that available funds were allocated for specific work related to the project.  Welsh added that from a watershed perspective, they try to be cost efficient and stated that they did try to look at other alternatives.  

 

Green commented that he was not at the January 19 meeting, but has since reviewed the process and felt comfortable moving forward.  

 

Commissioner Stewart asked if a study is planned to see if bridges replacing culverts will benefit this project.   

 

Welsh responded that OWEB requires a 5-year ongoing monitoring of the long term and short-term impacts.    

 

Commissioner Stewart requested a copy of the report.  

 

Commissioner Sorenson commented that it is worthwhile in monitoring this, due to the near extinct status of the bull trout and Chinook salmon.  Sorenson added that it is a good leveraging of dollars for Lane County to put up $50,000 for this project.    

 

Commissioner Dwyer stated that he would like to see the Board work with OFWL on a study using hatch boxes and for Lane County to continue to make efforts in being part of the solution.

 

MOTION:  To Amend the 05-09 Capital Improvement Program by Allocating an Amount Up to $50,000 for the Simmonds Creek Culvert Replacement Project, Blue River Road, MP 0.45, under the Culvert Replacement for Fish Passage Category; and Authorizing the County Administrator to Execute Agreements with the McKenzie Watershed Council Related to Said Project, Commissioner Green MOVED approval, Commissioner Dwyer SECONDED, Commissioner Morrison DISSENTING, VOTE: 4-1.   

 

c. FOURTH READING AND DELIBERATION/Ordinance No. 17-04/In the Matter of Amending Chapter 16 of Lane Code to Revise the Applicable Standards for Telecommunication Facilities (LC 16.264) (NBA & PM 10/20/04, 11/3/04 & 2/2/05).  

 

Steve Hopkins gave a historical overview of the ordinance stating that the existing code was amended in April, 2002 and that items that needed refinement were identified by the Board including radiation and structural requirements.  The first hearing of the reformatted ordinance was on July 6, 2004.    

 

Hopkins stated that in November, 2004 the Board expanded the original directive to include consensus on three additional items: separation requirements, change out policy, and a revised peer review.

 

Hopkins responded favorably, to Commissioner Sorenson’s inquiry of  the option to include language for the inclusion of the peer review concept in the ordinance.  

 

Dwyer expressed concerned about objective independent review in verifying the credentials of the applicant in an effort to keep people honest.   

 

Green commended the staff for working on the cell tower ordinance and stated that even though it is not a perfect document it is being worked on.  

 

Dwyer stated that directors are not technical people qualified to review applications.   

 

Howe stated that a certified engineer radiation report meets FCC requirements.  If another agency questions it then the provision to request a third party review would be appropriate.

 

Green asked Howe what evidence he would need to deem necessary a third party review.

 

Howe stated that if discrepancies were discovered among staff involved in the project then third party review would be appropriate.  

 

Vorhes commented that there could be a difference of opinion among engineers and said that if a director is going to look at it in the context of an application, the County would not get to revocation.    

 

Vorhes stated that it is likely that third party review would be triggered while the application is in a pending status.  Vorhes added that if facts should come to light later, then an enforcement path could be taken.

 

Vorhes recommended that Land Management staff be directed to work on enforcement provision language in the code.   

 

There was consensus among the Board that language needs to be added to the application to the effect that false information could result in forwarding the application to the appropriate licensing authority.   

 

MOTION:  Direct staff to return for an additional reading with appropriate language on peer review.  Sorenson MOVED approval, Dwyer SECONDED, Morrison, Stewart and Green DISSENTING, VOTE: 2-3, MOTION FAILED.

 

MOTION: Direct staff to add language on the application form notifying the applicant that false information may be forwarded to the appropriate licensing authority for review and action, Green MOVED approval, Dwyer SECONDED, VOTE: 5-0.   

 

MOTION:  Adopt final ordinance as revised except for proposed deletion of discretionary peer review, making the existing language in LC 16.264 (3)(b)(ix) part of the application Submittal language in 16.264 (4)9(c)(x) Towers and 16.264(5)(b)(xi) Co-Locations, Dwyer MOVED approval, Green SECONDED, Sorenson DISSENTING, VOTE: 4-1.

 

9. CONSENT CALENDAR

 

BEGINNING OF CONSENT CALENDAR * * * *

 

A. Approval of Minutes:

November 22, 2004, Public Hearing, 6:30 p.m.

December 15, 2004, Regular Meeting, 9:00 a.m.

February 1, 2005, Work Session, 9:00 a.m.

February 2, 2005, Regular Meeting, 1:30 p.m.

 

B. County Administration

 

1) ORDER 05-2-16-7/In the Matter of Lane County Supporting Participation in a Regional Microenterprise Assistance Program with Cottage Grove as Lead Applicant.

 

C. Public Works

 

1) ORDER 05-2-16-8/In the Matter of Accepting the Director’s Report for Estimated Assessments for North Game Farm Road (County Road Number 1043) Between MP 0.41 and MP 1.69.

 

END OF CONSENT CALENDAR * * * *

 

MOTION:  To approve consent calendar, Commissioner Dwyer MOVED approval, Commissioner Stewart SECONDED, VOTE:  5-0.

 

WEDNESDAY, FEBRUARY 16, 2005 - REGULAR MEETING (Continued)

 

10. COUNTY COUNSEL

 

a. ORDER 05-2-16-9/In the Matter of Adopting Lane Manual Chapters 20, 21, and 60 for Lane County’s Public Contracting Rules; Adopting Exemptions to Formal Bidding and Special Procurements; Right to Protest.

 

Trina Laidlaw, Assistant County Counsel, reported that the purpose of the order is to readopt the County’s public contracting rules in Lane Manual Chapters 20 and 21.    

 

Laidlaw recommended coming back on March 9 to ratify the Board’s decision and findings in order to meet the timeline indicated in Chapter 20.   

 

Morrison indicated that areas of concern from finance and audit have been met.  

 

MOTION:  To adopt Lane Manual Chapters 20, 21, and 60 for Lane County’s Public Contracting Rules; Adopt Exemptions to Formal Bidding and Special Procurements; Right to Protest, Commissioner Dwyer MOVED approval, Commissioner Sorenson SECONDED, VOTE: 5-0.

 

11. CORRESPONDENCE TO THE BOARD

 

None.  

 

12. COMMISSIONERS' ANNOUNCEMENTS

 

Commissioner Dwyer announced a vacancy on the State Board of Chiropractics and requested eligible names of individuals be forwarded to him in the next couple of weeks.   

 

Commissioner Sorenson reported on state tax collection in a recent newsletter that reflected findings that in the 2005-07 budget cycle Oregon corporations will pay 5% of taxes collected by a comparison of 14% in 1973-75.  Sorenson stated that the article indicated if Oregon reverted back to the 1973-75 levels, approximately $1.58 billion in additional revenue would be collected.  Sorenson added that many companies from out of state who were profitable paid no state income tax to the State of Oregon.   

 

Sorenson concluded by reporting that Senator Prozanski introduced a bill to change the Oregon Corporation Tax from $10.00 to $100.00.

 

13. REVIEW ASSIGNMENTS

 

Discuss goal for awarding contracts and look at leveraging at next agenda per ORDER 05-2-16-4.

 

Staff to revise language on Peer Review per ORDINANCE 17-4.   

 

Trina Laidlaw to return on March 9, 2005 to ratify decisions and findings per ORDER 05-2-16-8.  

 

14. EXECUTIVE SESSION as per ORS 192.660

 

None.

 

15. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Morrison adjourned the meeting at 11:40 a.m. 

 

Malinda Dodson

Recording Secretary