BOARD OF COMMISSIONERS'
June 22, 2005
Commissionersí Conference Room
Commissioner Anna Morrison presided with Commissioners Bobby Green, Sr., Peter Sorenson and Faye Stewart present. Bill Dwyer was present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC HEARING
a. PUBLIC HEARING AND ORDER 05-6-22-1/In the Matter of Adopting the FY2004-2005 Supplemental Budget 3, Making, Reducing and Transferring Appropriations.
Jennifer Inman, Budget Analyst, said there were two typographical errors and one correction from the legal notice. She noted under Fund 124, the amount in resources and expenditures should be $137,300. She added the second department should be County Administration, not Management Services. She added that under Fund 286, the change in FTE (.10) should be a reduction instead of an addition. She noted that most of the adjustments adjust cash carry forward from 03/04 to actuals. She added there were grant adjustment revenue increases for actuals received in the year.
Commissioner Morrison opened the Public Hearing. There being no one signed up to speak, she closed the Public Hearing.
MOTION: to approve ORDER 05-6-22-1.
Green MOVED, Stewart SECONDED.
b. PUBLIC HEARING AND ORDER 05-6-22-2/In the Matter of Adopting the 2005-2006 Lane County Budget, Making Appropriations and Levying Taxes.
Dave Garnick, Senior Budget Analyst, noted this adopted budget was presented to the Budget Committee last week. He added that all of the changes they discussed had been incorporated into it. He stated that after the Public Hearing takes place, the Board could take action to approve the budget, or make changes between $5,000 or ten percent, whichever is greater.
Stewart stated when he attended the Monday Springfield City Council meeting, that they had adopted their budget and asked the administrator to withhold paying the LRAPA dues until they have an official meeting to discuss it and have a report from the representatives. He asked if they could have the same option as the City of Springfield.
Garnick responded they could. He said he wouldnít do anything if that were direction from the Board.
Morrison was supportive of withholding the money until all of that information is shared with them.
Green gave direction to withhold the money.
Wilson explained that adopting the budget provides appropriation authority. She added that after they adopt the budget, they could direct the checks not be cut until after they had made a firm decision on whether or not to pay. She said it sets the placeholder for the appropriation authority.
Van Vactor recalled that most intergovernmental agreements have a six month or one year notice of termination clause. He said they had not given that notice. He added that if a subsequent discussion was to proceed they would have to see what steps were needed for that process.
Stewart commented that one or two weeks difference in the check would not have an affect on the employees.
Commissioner Morrison opened the Public Hearing.
Bob Still, Creswell, asked the Board to support the Extension Service.
Morrison stated that the Extension Service was not cut in the budget. She noted the budget was status quo. She stated that there had never been a discussion about cutting the service.
There being no one else signed up to speak, Commissioner Morrison closed the Public Hearing.
MOTION: to approve ORDER 05-6-22-2.
Dwyer MOVED, Green SECONDED.
Morrison noted they had budget deliberations and one add package came forward. She and Green voted in opposition. With regard to the public safety district, her concern is that people would think it is a fix to the system--and it is not. She noted $140,000 in a Materials and Services budget of $11 million is not very large. She supported the budget because the bargaining units went a long way in trying to address the deficit.
3. PUBLIC COMMENTS
Cheryl Crumbley, Eugene, said she represented Oregon Crafted, an economic development project for rural artists. She recalled that the Board approved a $5,000 award to print the guidebook. She distributed copies of the guidebook.
Jean Tate, Eugene, stated she is a board member for Metropolitan Affordable Housing, speaking in support of their request for $275,000 in road funds for their project on West Eighth. She commented that each funding source is critical to build projects.
John Van Landingham, Chair, Housing Policy Board, stated the Housing Policy Board strongly supported Metroís project. He noted that they had influenced the City of Eugene to commit a significant amount of funding for the project. He noted the CIP plan starts with $225,000 for affordable housing and road fund projects. He added that years two, three, four and five have $250,000. He supported it. He noted that the new plan indicates no rollover within five years. He noted this was not taking money from any other pot. The staff assumed they would use all of the allocated money. He noted they are not competing with anyone.
Debbie Jeffries, Eugene, reported that the LCDC remanded back to the County the decision of the city on removing the particular site from the inventory. She said that Lane County was waiting for the city to produce the ordinance to vote on it.
Dianne Burch, Florence, represented the Siuslaw Pioneer Museum. She noted that Morrison had worked with the museum and in 2002 they formed a Ways and Means Committee. She said they were looking to relocate the museum. She noted the museum is housed in a building that was once a church and they had received a good offer. She said the people who want to come back into the museum building represent a church organization. She said they have a buyer and could move into the old school house. She supported the museum. She hoped the Board would help them.
Elsie Moore, Florence, indicated she wrote a letter about grandfathering in the permitted use of the Siuslaw Pioneer Museum for the Lutheran Church, for which the building was originally built. She stated that she signed the letter as a local citizen within the City of Florence. She added that she represented the Lutheran Church in the offer that had been given to the museum to purchase back their building. She indicated that the building was built as a church and they were anxious to get the church back without going through red tape to apply for a permitted use and rezoning.
Stu Johnston, Florence, stated that he is the vice president of the Siuslaw Pioneer Museum. He was interested in seeing the museum get a new home. He noted the church building has been sold and they will buy the old school. He said they wanted to do it as soon as possible with the zoning completed. He indicated that the transaction couldnít be completed until the zoning is addressed.
Del Phelps, Florence, said the greater good for the community needed to be considered by obtaining a location for the museum that makes sense. He noted the timing situation. He said the church had agreed to buy their building. He indicated they have a contingency that their use will be allowed in the current zoning. He added the current zoning doesnít note churches as a normal use. He noted they have a July 25 purchase date to put money into place. He said he is on the Siuslaw Pioneer Museum Board and would have a hard time recommending expending money if the contingency on their church sale isnít removed. He asked the Board to have staff allow the use and prepare the paperwork after the fact.
Van Vactor asked if their group considered executing an option agreement to preserve the right to the building and make it subject to the zone change.
Phelps noted in the event of the Calison sale, there is a back up offer from another party to buy the building. He said in their offer they had to perform because there are six different parties, or they would lose.
John Arnold, Florence, indicated that he is on the board of directors of the church. He said they didnít want anything special but expediency from the Board of Commissioners. He noted they are a small congregation with 45 members, and it took a lot of hard work and effort to purchase the building. He appreciated the Board moving the sale along.
Gary Nichols, Florence, stated he is a member of the Lutheran Church and on the Board of Directors. He said their congregation is in the process of purchasing the building which was originally built as a church in 1953. He thought it should be returned to its original use. He appreciated any support the Board could give.
4. EMERGENCY BUSINESS
5. COMMISSIONERS' REMONSTRANCE
Morrison commented that working with a group of people has a positive result. She met with a group of Junction City farmers who met with the Sheriff regarding burglaries in the Junction City area. She noted a considerable amount of equipment had been stolen, and that arrests were made last night. She said because of citizen involvement and patience, they were able to get it done. She commended the farmers for helping.
Sorenson indicated he got a call from a constituent who was writing a "song complaint" about the ticket he received at Mt. Pisgah.
6. COUNTY ADMINISTRATION
7. COMMISSIONERS' BUSINESS
a. REPORT/Centro Latino Americano.
David Piercy, Centro Latino Americano, stated he had been asked to be the interim Executive Director for Centro Latino Americano. He explained the organization is requesting a one-time allocation from the unspent contingency fund. He explained they need $96,000 to continue from June to October. He noted that Peace Health had provided an unrestricted grant of $25,000 and with fundraising activities and cash on hand, they reduced the need to $57,000. He indicated they were approaching other donors. He requested that Lane County partner with other funders by allocating the unspent contingency fund.
Morrison thought the shortfall was $125,000.
Piercy responded that the $125,000 is from deficit spending last year. He said they had a line of credit on the building that included figures to pay the debt down. He added if they pay the debt as scheduled they wouldnít have a problem with creditors.
Green commented that Lane County doesnít give unspent contingencies to other organizations. He asked what the City of Eugene and Springfield were doing.
Piercy said they were requesting the full amount, as they are the only agency in the community providing the services. He said they are a partner with Lane County and the continued operation of Centro is important to the clients it services.
Dwyer asked how much was left in the contingency account.
Van Vactor responded $15,100.
Dwyer was in favor of granting the request. He also wanted to see what he has in his personal contingency to contribute.
Sorenson and Morrison were also in support.
MOTION: to move $15,100 from the Boardís contingency fund to be allotted to Centro Latino Americano.
Stewart MOVED, Sorenson SECONDED.
Dwyer wanted to reserve enough to pay $4,400 for the LCARA design.
Stewart said that David Suchart, Management Services, could do that and it wouldnít affect them.
Sorenson wanted to use the balance for Centro Latino Americano if the money for LCARA could come out of Management Services.
MOTION: to authorize David Suchart to enter into an agreement with Mr. Gates to examine LCARA and provide a contract.
Stewart MOVED, Dwyer SECONDED.
b. REPORT BACK/Correspondence to Board Regarding Moving the Siuslaw Pioneer Museum and Allowing a Church Use in the Rural Commercial Zone (LC 16.291).
Stephen Vorhes, Assistant County Counsel, explained that when the building was converted (from a restaurant use to a museum use) that under the zoning in place, a special use permit could be processed to determine if a church is appropriate under the zoning use for the building. He noted the processing timeline is 30 days. He indicated that the fee for the special use permit is $1,200 and the building alteration could range from $600 to $1,000. He said the recommendation is to movie forward with the buyer and the seller so an application can get started on the process.
Dwyer said he had no problem with the conditional use permit but he did have a problem with the process. He thought they needed a contingency in their agreement that there would be no objections from the Board in granting the special use permit. He said they donít have the ability to waive land use laws.
Vorhes said the special use permit is primarily for an use similar to other uses already permitted in the zone. He noted it is a process that requires an initial decision from the Planning Commission.
Morrison asked about other hurdles that might cause the special use permit to be denied.
Vorhes said the land use stumbling blocks are the criteria, and the provisions that show the things that would be used as the criteria for decision-making in that zone. He added that the initial decision could be appealed and there could be an appellate process.
Dwyer urged the applicants to go for the special use permit.
Stewart said codes and laws need to be followed. He said they should take out a permit. He thought they could get through the process.
8. COMMITTEE REPORTS
a. Legislative Committee.
Tony Bieda, Intergovernmental Relations Manager, noted a bill they had been pushing on behalf of Lane County this year is HB 3301, introduced by Debi Farr. He said the bill clears up some of the ambiguities in the statute if they were to refer to the ballot and successfully pass a public safety district for Lane County. He noted it is going to the floor for a vote.
With regard to Measure 37, Bieda said there was work in the beginning of the session that didnít go anywhere. He said they are closing down house land use without any more hearings on the master bill that was the product of a work bill.
9. PUBLIC WORKS
a. ORDER 05-6-22-3/In the Matter of Awarding a Contract to Wildish Construction Company in the Amount of $1,377,351.50 for Grading, Drainage, Paving, Illumination and Roadside Development Ė South 42nd Street (Jasper Road-Mt. Vernon Road).
Sonny Chickering, Public Works, explained that normally the board would do this through an administrative action, but because this is a city street and the work is being paid for by the City of Springfield, he wanted to inform the Board that last week the city council considered the bid and they committed to both recommending the award and reaffirming their ability to pay all of the construction costs. He commented that there should be no risk to the County at this point.
MOTION: to approve ORDER 05-6-22-3.
Dwyer MOVED, Green SECONDED.
b. ORDER 05-6-22-4/In the Matter of Designating $275,000 for Construction of Road Fund Eligible Improvements to Assist the Westtown on 8th Affordable Housing Project in Eugene.
Chickering asked for a formal award of money from the assisted housing program for the Westtown on 8th Project. He noted that the Housing Policy Board approved the project on February 21 and forwarded it to the Board for consideration of road funds. He said they are expecting housing work to begin in December 2005 with the road improvements in 2006. He said they have offered their engineering services for the roadwork and that will be considered. He said they were asking for the award of $275,000 and for the Board to waive assessments for the project.
MOTION: to approve ORDER 05-6-22-4.
Dwyer MOVED, Green SECONDED.
10. CONSENT CALENDAR
A. Approval of Minutes:
September 14, 2004, Work Session, 9:00 a.m.
October 12, 2004, Public Hearing, 7:00 p.m.
October 26, 2004, Budget Comm, 12:00 p.m.
B. Management Services
1) ORDER 05-6-22-5/In the Matter of Authorizing the County Administrator to Execute an Option to Purchase Agreement with Jeffrey W. Maxwell or Assigns for the Sale of County Owned Real Property Identified as Map No. 16-04-15-00-00600 (92909 River Road, Junction City).
C. Youth Services
1) ORDER 05-6-22-6/In the Matter of Approving a Three Month Contract Amendment in the Amount of $119,603 with Looking Glass to Provide Residential Drug and Alcohol Services for Adolescent Youth in the Lane County Juvenile Justice System.
2) ORDER 05-6-22-7/In the Matter of Approving a Three Month Contract Amendment in the Amount of $28,000 with Center for Family Development to Provide Psychological Services for Adolescent Youth in the Lane County Juvenile Justice System.
D. Public Works
1) ORDER 05-6-22-8/In the Matter of Authorizing the Establishment of a Change Fund in the Amount of $3,500 in Fund 216 for the Parks Division of the Lane County Department of Public Works.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Stewart SECONDED.
VOTE: 4-0 (Green out of room).
11. COUNTY COUNSEL
a. ORDER 05-6-22-9/In the Matter of a Commitment to the Fairgrounds Facilities, Approving the Reimbursement of Transient Room Tax Special Project Funds and the FY 06 Operational Use of Room Taxes, and Providing Direction for Future Options.
Van Vactor said the board order captured the motion that was passed by the Board from the joint meeting with the Fair Board in terms of direction with the Fair Board. He said the question was whether or not it accurately captured the direction the Board made.
Stewart said the board order reflected what was said. He had conversations with Warren Wong, Fair Board, and he wasnít sure about the third part of the motion as to what direction it actually gives. Stewart said when he made the motion and they agreed to the future of the fairgrounds that they were able to commit to people who were renting into the future. He noted the second item was the TRT, to allow flexibility and the third item was to allow the Fair Board to examine all options regarding the fair. He commented when he said all options; it was to look at all options, not just focusing on the current fair site.
Sorenson said they discussed committing to the fairgrounds for the foreseeable future. He said they should approve this board order as being a reasonable summary of what they had agreed to so that all public parties involved are on the same page and they are letting the public know what they are doing.
Green commented that he thought "all options" meant all options. He indicated that Stewart had proposed certain ideas that showed ideas were unlimited. He thought what triggered the discussion was the audit from the Fair Board. He noted the Board was not comfortable with the trend in the numbers. He indicated that his comment then was if they were not comfortable with the numbers then they had to ask the threshold question what is the future of the fairgrounds and what could they do. He thought that was the direction given. He thought the board order was correct.
Morrison thought that "all options" meant all options. She said that numbers were thrown out to them and they really donít have concrete numbers. She said they need to know the options available--they could be doing things completely different and be in the black instead of the red.
Dwyer indicated that community input and dialogue needed to take place. He viewed the property as a jewel that is owned by the people of Lane County for their public benefit. He said they need to let the people know what the options are and to let them make the decisions.
MOTION: to approve ORDER 05-6-22-9.
Dwyer MOVED, Green SECONDED.
Bob Zagorin, Fair Board, asked what the time frame was and what the cost would be. He understood the intent. He said if they are going to looking seriously at the possibility of relocating the fairgrounds or changing the structure there would be significant cost studies involved.
Dwyer wanted to see a report that indicated what some of the factors are.
Tom Hunton, Fair Board, said if they move forward with this, they are being asked to be an advocate for relocating the hospital. He indicated that time frame was different than what they are discussing on the foreseeable future of the fairgrounds. He said they need to know what they want to do and develop the costs of updating the facilities or relocating to another location.
Green commented that if the report were too complicated, then the Board of Commissioners would do the report. He thought they could come up with short term and long-term goals.
Sorenson thought they were going to keep the Lane County Fair at the fairgrounds for the foreseeable future. He was committed to the provision of what they talked about. He wanted an overall view of what they are doing instead of crisis management that was short-term.
Wong said they should approach addressing the deficit. He didnít see any way of getting out of the deficit, short of privatization. He added the other issues play into the location. He said they could explore all the options. He suggested that the Fair Board have a brainstorming and write up a scope statement. He added there would be costs to look at for either option.
Dwyer thought that was a good idea. He was concerned about sending out bad messages to people who want to book events.
b. ORDER 05-6-22-10/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Florence Events Center.
Rodger Bennett, City of Florence, explained that this request is pursuant to an agreement that was formed last year over the refinancing of an existing debt for the Florence Events Center. He said by refinancing the events center, the savings in debt service is about $50,000 per year. He added that the City of Florence asked that $40,000 of that be transferred into the events center operations. He said the remaining $10,000 would stay with the County for discretionary use.
Dwyer asked what was happening with the local room tax option.
Bennett replied, nothing.
Van Vactor indicated that if the Florence City Council wants to consider a tax, it is important for the city council to have a conversation with the commissioners. He said there could be an effect if they raise the tax.
Dwyer said he was willing to help them get through their current problems
Wilson explained that the premise at the time was the Lane County tax would have a different rate for western Lane County compared to the remainder of Lane County because of the competitive disadvantage. She said it is the methodology they use by which they satisfy the uniformity of taxation requirements of the Constitution. She said if the competitive disadvantage no longer exists, then the county room tax is at risk if they donít make it uniform throughout the County. She indicated the partnership with the City of Florence and the County is critical because an action by the city council could have repercussions for Lane County.
MOTION: to approve ORDER 05-6-22-10 contingent on the conversation they had.
Dwyer MOVED, Green SECONDED.
Wilson indicated the action has to do with approving the use of part of the capital side of the room tax for operational purposes for one year as laid out in last yearís agreement. She noted that it is within the Boardís discretion as to how much they approve for operational use by the City of Florence. She indicated they are bound by agreement to give them $190,000. She added if they didnít approve any amount for operational use, it would leave a gap on the operational side. She said their debt service payment is about $150,000. She said last year they asked for the full $40,000 difference for operation of the events center. She added that this year the request is $36,000.
12. HEALTH AND HUMAN SERVICES
a. ORDER 05-6-22-11/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health & Human Services Fees (LM 60.840) Effective July 1, 2005.
Morrison recalled that this came before Finance and Audit and they recommended it go before the Board.
MOTION: to approve ORDER 05-6-22-11.
Green MOVED, Stewart SECONDED.
13. MANAGEMENT SERVICES
a. ORDER 05-6-22-12/In the Matter of Creating a Classification and Salary Range for Dental Assistant.
Jan Wilbur, Management Services, reported that the FQHC is growing and there is a need for a dental assistant to work along with the dental hygienist and dentist. She said that they created the classification. She noted that it was comparable to Multnomah County. She asked the Board for their approval.
MOTION: to approve ORDER 05-6-22-12.
Dwyer MOVED, Green SECONDED.
b. ORDER 05-6-22-13/In the Matter of Authorizing the County Administrator to Execute Up to a 24-Month Lease Agreement with the State of Oregon for Approximately 10,536 Square Feet of State Owned Office Space Located at 165 East Seventh Avenue Eugene for the Parole and Probation and Veteran's Services Programs for an Expense Not to Exceed $307,000.
Jeff Turk, Management Services, explained that the lease the County has with the state for the state office building is expiring. He noted that is where the Parole and Probation program and Veteranís Services are located. He indicated that the lease rate was the same as it was during the past two years. He noted the additional expense because Parole and Probation wanted the third floor recarpeted. He said there were discussions and the state said they would only do it if the County would pay for a portion. He said that Linda Eaton and Rob Rockstroh agreed. He noted that the Countyís portion of the carpet is about $10,500. He said it would be a one-time payment.
MOTION: to approve ORDER 05-6-22-13.
Dwyer MOVED, Green SECONDED.
Green commented that the state had neglected its responsibilities on the building.
14. COMMISSIONERS' ANNOUNCEMENTS
Green indicated the Board had received an invitation from Mayor Sid Leiken about the dedication of the opening of the Martin Luther King Parkway.
Stewart announced that he received a call from Susie Smith, Metropolitan Wastewater Management Commission, who said the judge denied on all counts the Homeowner Builderís challenges to the SDCís methodology. He said Linda Madrell at Benton County contacted him and she has put together information about connecting with the citizens and voters. He agreed to sit on that committee. He didnít think the Board took action on the LRAPA situation.
MOTION: to make a six-month, 50% payment and review their commitment after a formal discussion on July 6.
Stewart MOVED, Sorenson SECONDED.
VOTE: 4-0 (Dwyer was disconnected).
Sorenson indicated that the Pacific Rim has a business in Jasper and there had been a conflict involving a Lane County road that is a local access road. He noted that the neighbors are concerned about the road dust. He said it was a commercial usage for the Pacific Rimís manufacturing facility in Jasper. He wanted to have a presentation by Snowden on this road matter.
Van Vactor noted that the statute offers a one-time maintenance on local access roads.
Morrison announced that she attended the United Way "State of Caring," and that the Oregon School Employees Association chose Wendy Rohner as the Classified Employee of the Year.
15. EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.
16. OTHER BUSINESS
Letter by the NAACP
Peter Leung, Eugene, wanted a commitment from Lane County and the City of Eugene for support of a Chinese delegation performance at the Hult Center. He asked for the city to donate money. He added the city couldnít donate the Hult Center. He urged the Board to bring the group to Lane County.
Dwyer asked if it had to be at the Hult Center.
Morrison stated that when they met with Leungís group in April, there was discussion around the different venues. She said the direction was to contact Angel Jones at the City of Eugene to see what facilities would be available and if costs could be waived. She said there were a variety of tasks that were given to the city. She added that the chamber of commerce indicated they would be willing to work with some of the business people to host a lunch and site visits of employers in Lane County. She believed that was moving forward. She indicated the problem is with the young performers because they donít have an adequate amount of time. She thought if they could postpone this particular part until next year and start an aggressive campaign locally they would generate ticket sales. She wanted something with the youth group for next year.
Leung asked for a letter of support to work on this for next year.
Morrison thought they could draft a letter and move forward.
Sorenson said he would draft the letter and bring it back to the Board.
ORDER 05-6-22-14 Settling Claims of David and Shirley Eason.
MOTION: to approve ORDER 05-6-22-14.
Green MOVED, Stewart SECONDED.
There being no further business, Commissioner Morrison adjourned the meeting at 12:00 p.m.