January 19, 2005

following HACSA

Commissioners' Conference Room

APPROVED 2/16/05


Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Peter Sorenson and Faye Stewart present. Bobby Green, Sr., was excused.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








Mona Lindstromberg, Veneta, indicated that last week she attended a public hearing on the Carver application seeking a rezone of F-2 to marginal lands.  She noted that brought up a telecommunication tower off of Suttle Road.  She said the transmission tower application off of Suttle Road presented testimony by the applicant’s expert.  She added that a forestry consultant stated the proposed site for a cell phone tower was not suited for forestlands and therefore met the applicable criteria for approval of the tower.  She noted the conclusion by the applicant’s expert was in direct contradiction to a report in the County’s file on this property.  She said they are seeking to have independent technical review of the telecommunications facility application reincorporated into the County’s ordinance and made mandatory. She thought this technical information could be inaccurate and inadequate.  She requested that staff re-assess its position on independent technical review at the expense of the applicant and implement this provision for all telecommunications applications.








Dwyer reported that on Sunday the Museum of Art would be re-opening on the University of Oregon campus.  He commented that the museum expansion was a vision that Scott Bartlett had over 15 years ago.




a. ORDER 05-1-19-1/In the Matter of Appointing and Reappointing Members to the Lane County Budget Committee.


Morrison explained this is a Board order reappointing Mary Ann Holser for three years, David Crowell for three years, and Dennis Hijmans for two years.


Dwyer stated he wanted Lane County to be in compliance with the law.


Garnick explained at the time Commissioner Lininger made his first appointment, he asked Kathy Keable. He noted at that point they weren’t staggering the terms for the budget committee appointments. He added at the time it was known that Lininger was going to resign within eight months. He said Kathy Keable‘s appointment by Lininger was only going to be for one year.  He noted that was what the Board had  approved.  He said Kathy Keable was re-appointed to a one-year term.  He noted that Keable took another position and wasn’t interested in going beyond that.  He said the attempt was to put two people out with three-year terms and have one two-year term.


Wilson stated since Keable was not willing to do it again it was an oral resignation.  She indicated there is a vacancy and that makes an appointment for the remaining two years appropriate and legal under state law.


Sorenson thought Scott Bartlett’s memo examined the issue of how the state term applied to the Lane County Budget Committee.  He wanted to restructure the board order to have the district so they wouldn’t get confused about Commissioner Stewart, as opposed to the person for the district.  He thought it was contributing to the problem. He said the board order stated that Stewart was recommending an appointment.  He wanted the commissioner district listed.  He noted they are really appointing Hijmans to complete a three-year term.  He said they weren’t appointing him to a term to anything but what the Budget Law requires.


Stewart said when he was elected he was asked to appoint a Budget Committee person.  He wrote a letter to each mayor and administrator in his district asking for three names to be forwarded to fill the position. He said that Dennis Hijmans expressed interest in being on the committee.


MOTION:  to approve ORDER 05-1-19-1 with the changes.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-0.


b. ORDER 05-1-19-2/In the Matter of Appointing One Member to the Metropolitan Wastewater Management Commission.


MOTION:  to approve ORDER 05-1-19-2.


Dwyer MOVED, Stewart SECONDED.


VOTE: 4-0.




a. Announcements


Van Vactor stated he received a call from Mike Meyer in Deschutes County who is working on succession planning.  Van Vactor said he would be attending their Board meeting in Bend next Monday and Tuesday.




a. ORAL REPORT/Youth Services Repeat Offenders Report.


Lisa Smith, Department of Youth Services, reported that DYS and Public Safety as a whole have had a devastating reduction in financial and treatment resources.  She commented that with the greater level of detail they have, they use it in budgeting, program planning and quality assurance.


Linda Wagner, Department of Youth Services, reported there had been a steady decrease in referrals.  She noted they are similar to the statewide data with the trend of referral data decreasing. She added that looking at re-offenders is a more reliable and better measurement in looking at the impact of their services.  She noted the majority of juvenile referrals are for property crime.  She noted that 35% of the juveniles were first time offenders.  She indicated she collected data at three levels. She noted within their department they have diversion, supervised outside of court, community based probation, and kids who go outside of the home for residential treatment.    


Van Vactor asked if it included adult behavior.


Wagner responded she wanted to do reporting but was not given access to the AIRS information.


Morrison wanted Wagner to pursue it.


Wagner reported that most youth in Lane County are not committing the crimes.  She noted that seven percent of the youth are causing most of the major crimes.


Sorenson asked if someone was doing what Wagner does in the Sheriff’s Office.


Wagner wasn’t sure.  She said she spoke with the Sheriff’s Office about re-offense data and how they build local capabilities to query it.  She noted they are on different systems.


Dwyer thought the DOMC would be a place to find out about the data.  He thought it would be a good model for them to follow re-offenders.


Morrison noted there had been a struggle getting data from the Sheriff, AIRS and the District Attorney as to what the AIRS data could do.


Smith commented she has chosen to use the information daily in program planning, budgeting and trend evaluation.  She said it has to be within the culture of the entire agency that they would use the information.   


Wagner reported the data report was when the department had a different budget level with the County and grants.  They didn’t want to wait three years to be able to identify higher risk and reduce the chances of them becoming chronic.  She said their tool had been validated statewide at 75% accuracy.   


Wagner explained with reduced resources and the three-year follow up that the chronic group of offenders might go up.  She noted at the same time they were putting more effort into best practices.  She indicated they have lost the state secure beds going from 75 to 31.  She noted there is a group of kids who are not safe to have in the community and they have lost the mechanism to keep them locked up for a long period of time.  She added the beds are a part of the continuum of services that makes a difference.


Smith explained in the governor’s recommended budget there is no growth allowed for OYA closed custody beds.  She noted the 850 beds that they have for all of Oregon is what they will pay for.  She said for Lane County within the 850 beds, many go to Measure 11 cases and to the Public Safety Reserve for certain crimes.  She indicated the beds are being used more and that shrinks the closed custody cap that is available to the County for the discretionary cases.  She said they might see a reduction from 31 beds to 25 beds.  She commented that the whole system is in crisis.


Sorenson thought they should get the rest of public safety to do what DYS is doing with their data.  He thought they should be getting the data from the AIRS system. He said they could provide increased public safety by application of the information.  He asked what could be done in Lane County to advance the data driven approach to public safety.


Wagner didn’t know if there was someone in the Sheriff’s office working on this.  She thought they needed to get an assessment.


Smith thought at a time when they had cut direct critical services, that to make this type of financial investment (in a system that provides no direct service) was one of their biggest challenges.  She indicated that this information did not change a child’s life.  She said it caused them to be more strategic in the long run for providing effective services that would benefit children.  


Wagner commented that it helps them be stewards of the public funds.


Smith commented that at a time of financial crisis, it is hard to look at the long-term investment, as it is a major challenge.


Sorenson reiterated they would get a report back about access to the data issue from AIRS.




a. 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.


Sonny Chickering, Public Works, explained they have a request from the Watershed Council and other partners on the project for financial contribution for replacement on a culvert on Blue River Road.  He noted the project is part of an ongoing effort.  He indicated in the CIP they have a category called culvert replacement for fish passage and the Board set it up as a joint effort to replace culverts that are impediments for fish.  He said it could be a fish or road priority.  He stated that this portion of the CIP was intended to cover projects that are only replacements for purposes of fish passage.  He noted this project falls into that category.  He said they would have not replaced the existing culverts for road purposes, but they wanted to be part of the project.  He said originally they had intended to provide services for construction only with their crew and equipment, but the scope of the project has grown, putting in a bridge instead of culvert replacement and it didn’t match with their work program.  He said they could contribute dollars from their culvert fund.  He noted in the CIP there is $220,000 listed for 04/05 and it would not be new money, but a re-allocation of that money.  


Juan Welch, McKenzie Watershed, reported that the McKenzie Watershed Council had been involved in trying to get a cross-jurisdictional look at priority fish passage barriers within the watershed.  He said in identifying the highest priority culverts and working with fish biologists to find those barriers, they wanted to find funding to get them replaced, knowing that $1 million in fish passage improvements was available with Lane County Public Works.  He said they came with three culverts in the Mohawk Valley that they expected to tap into.  He indicated that Lane County was able to build into the maintenance those three culverts that are completed as a result of prioritization of fish passage barriers within the McKenzie.  He explained this project has been a high priority because of the habitat for Spring Chinook and it is on a Lane County public road.  He noted the habitat that it directly benefits is on Forest Service land.  He noted they designed a large culvert but the design engineers for the Forest Service believed it could be more cost efficient with a bridge.  He said they are merging the two designs.  He noted the first design work was paid by a grant through the Oregon Watershed Enhancement Board, and the Forest Service came up with money to help redesign it.


Morrison asked if there was any Title II money in this.


Welch responded the Forest Service was bringing Title II funds.  He indicated the total cost of the project is about $100,000.  He noted the Watershed Council is bringing about $190,000 and the Forest Service is also bringing that amount with Lane County Public Works contributing about $50,000.  He added that $10,000 was going to fiscal administration.


Morrison asked if Lane County didn’t contribute $50,000, what would happen with the project.


Welch indicated they would be in jeopardy and lose in-kind funding.


Sorenson asked whether there was a recovery plan or draft plan for the Spring Chinook Salmon.  He wanted the board to be sent an e-mail with the response.


Dwyer thought they should move forward with this.


MOTION:  to move to approve ORDER 05-1-19-3.


Dwyer MOVED, Sorenson SECONDED.


Stewart asked if this was a project identified in a past CIP.


Chickering responded that it had never been listed in the CIP.  He indicated every year when they do the document, there are a number of projects nominated.  He said this didn’t make it onto the list for 04/05.  He said it was one that came to the forefront by the interest of the Watershed Council and the Forest Service, as they thought it was a higher priority.  He added many on the list had already been completed.


Stewart had concerns about how this project would affect the other projects since this was not an identified project.


Chickering indicated they had done the other projects out of the road maintenance budget and not out of the capital budget.  He noted there was no financial impact on the other projects.


Morrison stated she wouldn’t support the motion.  She commented not only is Lane County putting in $50,000, the Forest Service’s $147,000 is part of Lane County’s money.  She thought they had contributed over and above what needed to be contributed.  She added there was no immediate need to replace it because of the road system.  She noted the culvert itself is fine.  She wasn’t opposed to saving the salmon, she was opposed to not using the financial resources they have to the best ability they can.


VOTE: 2-2 (Morrison, Stewart dissenting).  (MOTION FAILS)


Dwyer made a motion for possible reconsideration.  He wanted to roll this until Commissioner Green is back.


With regard to the Endangered Species Act, Sorenson wanted to get confirmation on the Spring Chinook Salmon.  He wanted the status on that with Lane County.


Morrison noted this would be brought back the first meeting in February.




A. Approval of Minutes:

April 28, 2004, Regular Meeting, 9:00 a.m.

April 28, 2004, Regular Meeting, 1:30 p.m.

May 5, 2004, Regular Meeting, Following Board of Health

September 29, 2004, Regular Meeting, 9:00 a.m.

December 8, 2004, Regular Meeting, 9:00 a.m.

December 8, 2004, Regular Meeting, 1:30 p.m.

January 3, 2005, Regular Meeting, 1:30 p.m.


B. Health and Human Services


1) ORDER 05-1-19-4/In the Matter of Appointing a New Member, Dr. Stephen Hull, to the Lane County Health Advisory Committee.


C. Management Services


1) ORDER 05-1-19-5/In the Matter of Authorizing the County Administrator to Execute an Option to Purchase Agreement with John Hammer or Assigns for the Sale of County Owned Real Property Identified as Map No. 17-03-30-34-06700 (620 West First Street, Eugene).


MOTION:  to move to approve the Consent Calendar.


Dwyer MOVED, Stewart SECONDED.


VOTE: 4-0.




a. ORDER 05-1-19-6/In the Matter of Adjusting the Department of Health & Human Services Budget (Human Services Commission Fund 285) to Appropriate Additional Revenues and Expenses in the Amount of $62,058 for the Human Services Commission Energy Program; to Establish 1.5 FTE Community Services Worker Positions.


Rob Rockstroh, Health and Human Services, reported that last year the Board approved a management analyst in his department.  He said they have been looking for a research analyst and they found one that will start next Monday.  He noted an issue is they have data from systems that aren’t good.  He said almost all systems they have don’t have accurate data.  He said they prioritize within their department funding to set aside to meet performance measures. He said they are trying to replicate what Linda Wagner does.


Rockstroh explained the agenda item deals with a grant working with the state to add 1.5 FTE to work on low-income energy assistance program.


MOTION:  to move to approve ORDER 05-1-19-6.


Dwyer MOVED, Sorenson SECONDED.


Morrison recalled that last year they had new federal money and there were allocations to hire a person with the distribution of the additional funds. She wanted to know by e-mail how many people they actually have working on the energy assistance programs.  She wanted to see it over a three or four-year period of time as to how the FTE number had changed.


VOTE: 4-0.








Stewart reported he attended the LRAPA meeting last week.  He noted at that meeting the director, Bryan Jennison resigned and Sharon Banks was appointed the interim director.  He toured a property that David Siever owns in Glenwood next to the Willamette River.  He indicated there are problems with homeless people camping on the property and there had been trouble with the Sheriff’s Office not responding to move them off.  He stated it was a serious problem and they are meeting with the Sheriff’s Department to come up with a solution.


Dwyer suggested talking about the transitional agreements with the cities, to make that part of the agreement once they take the urban growth boundary.


Sorenson announced that the Lane County Coalition to Prevent Substance Abuse is having a program on Saturday, January 22 at Lane Community College.


Dwyer noted they are having a meeting tonight with the Commission on Children and Families.


Morrison received an award from the Martin Luther King celebration on behalf of the Board.  She announced the First Citizen for Florence is John Thompson and the Future First Citizen is Julia Fitch.  


13. EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.






There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 11:15 a.m.



Melissa Zimmer

Recording Secretary