April 9, 2008

9:00 a.m.

Commissioners’ Conference Room

APPROVED 4/30/2008


Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr. and Peter Sorenson present.  County Administrator Jeff Spartz, County Counsel Teresa Nelson and Recording Secretary Melissa Zimmer were also present.




Stewart added a Public Comment period following the public hearings in the afternoon.




Mona Lindstromberg, Veneta, said that LCOG had provided the County with documents, public comment and other related items submitted to LCOG when they provided the County with the recommendation for approval of its coordinated population projections.  She commented that theirs was a recommendation to approve figures that were neither coordinated nor accurate given the five percent fudge factor and faulty assumptions.     She stated that the DLCD did not have adequate information to support LCOG’s coordinated population projections.  She commented that it was unwise to create a 27 year forecast based on a five year housing book trend in the view of rising gas prices.  She said the County needs independent experts involved in the process.


Ann McLucas, Eugene, said that hiking clubs have been using private properties for their hikes. She didn’t know why the Board was reluctant to encourage putting Jim Gillette’s 500 acres of land into a park.  She said Gillette has talked to the Nature Conservancy and she thought the County should encourage this type of open space.  She said unless they get a definitive answer to the letter they submitted about the legality of having an organized hike on the land, she will keep her hike scheduled for May 17.


Stewart indicated he called Land Management but he was unable to find out the status of McLucas’ letter.


Jim Gillette, Eugene, said he wants to see action to some of the things he talked about before. He said if the Board can prove he is wrong, he will admit he is wrong and then he will quit coming to the Board.  He asked how his neighbors will be hurt by turning his property into a park.  He wanted to form a club with no charges.  He added that it was just a way for people to sign something that they wouldn’t violate landowner’s wishes.   


Deb Frisch, Eugene, brought up the incompetence of LCOG and how they manage the police research board.  She commented that Dave Frohnmayer’s attempt to fast track the basketball arena has been challenged by the Fairmount Neighbors.  

Jerry Valencia, Lowell, encouraged support of the UGB findings of the cities, county and LCOG.  He noted that the population forecast has found to be consistent with statute and rule.  He indicated on April 3, 2008 he spoke with an urban growth boundary specialist who supported LCOG’s findings.  He added that support has been reinforced by Portland State’s review from July 6 to July 7 with their population growth of Oregon and Lane County cities in March 2008.  He indicated that all of the population of Lane County’s cities has grown.  He noted that PSU gave the population rates from 2000 to 2007:  the growth rate for Springfield: 8.4 percent; Junction City: 8.8; Dunes City: 9.6; Coburg: 10.4 percent; Cottage Grove: 10.7; Eugene: 11.5, Lowell: 13.1; Florence: 13.9; Oakridge 16.7 percent; Creswell 29 percent and the fastest growing town in Lane County is Veneta at 68 percent.  He noted there has been opposition to growth in Lane County and Lowell.  He said it was stated that Lowell was in an overbuilt condition because they had 26 properties on the market, but as of April 7, there were 6 homes for sales and one had not yet been built. He said demand is high in the market place and they need room to grow.


Mia Nelson, Lowell, discussed the proper process of the population forecast at the County level.  She indicated that she read the staff report about the forecast.  She said what bothers her the most is the report doesn’t acknowledge the problems with citizen involvement at LCOG.  She thought the County would have flagged that as unacceptable.  She said that LCOG claims the public was offered a chance to be heard and so does Lowell. She noted at LCOG’s hearing she submitted a 20 page footnoted letter with 29 attachments. She noted that LCOG indicated she submitted a large volume of information in opposition.  She added that none of her concerns were mentioned in the staff report.  She said they were entitled to full and fair evaluation of their comments.  She stated that each issue has to be listed in the findings and all of the evidence in the record must be considered to determine whether or not her point is valid.  She commented that LCOG’s forecast is defective.  She stated that she doesn’t trust Lowell, LCOG or County staff.  She didn’t want to be ignored.


Nan Osban, Florence, asked if the County was going to require the city to sign an agreement with the Heceta Water District about who will provide water service inside the UGB now that the County cannot approve city annexation. She asked if the County would require the city to sign agreement for their water before they approve annexation of Driftwood Shores.




a. PUBLIC HEARING AND ORDER 08-4-9-1/In the Matter of Adopting the FY2007-2008 Supplemental Budget 2, Making Reducing and Transferring  Appropriations.


Christine Moody, Budget Analyst, reported this was the second supplemental budget for Fiscal  Year 07/08.  She said there were changes in revenue coming from the state and grants.  She added there was the movement of SDC charges in Public Works to begin working on the Camp Armitage Development Project.


Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve 08-4-9-1.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




A. Approval of Minutes

March 14, 2007, Regular Meeting, Following HACSA

March 14, 2007, Regular Meeting, 1:30 p.m.

April 3, 2007, Work Session, 9:00 a.m.

March 12, 2008, Work Session, 6:30 p.m.

March 18, 2008, Goal Setting, 8:30 a.m.

March 19, 2008, Regular Meeting, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 08-4-9-2/In the Matter of Appointing Four Members to the Farm Review Board Advisory Committee.


C. Children and Families


1) ORDER 08-4-9-3/In the Matter of Approving the Submittal of a Brief Proposal to the Robert Wood Johnson Foundation in the Amount of $125,000 Over Six Months for the Building Healthy Teen Relationships Initiative.


D. Public Works


1) ORDER 08-4-9-4/In the Matter of Dedicating Land Owned by Lane County and Accepting It For Public and County Road Purposes for Chezem Road (County Road Number 992) (18-04-27).


2) ORDER 08-4-9-5/In the Matter of Dedicating Land Owned by Lane County and Accepting it For Public And County Road Purposes for Hall Road (County Road Number 428) (16-06-13).


3) ORDER 08-4-9-6/In the Matter of Dedicating Land Owned by Lane County and Accepting it for Public and County Road Purposes for Jackson-Marlow Road (County Road Number 962) (19-05-24).


E. Workforce Partnership


1) ORDER 08-4-9-7/In the Matter of Appointing Two Lane County Business Representatives, an Economic Development Representative and Vocational Rehabilitation Representative to the Lane Workforce Partnership Board of Directors.


F. Youth Services


1) ORDER 08-4-9-8/In the Matter of Appointing Five Members to the Juvenile Subcommittee of the Lane County Public Safety Coordinating Council.


MOTION: to approve the Consent Calendar.




VOTE: 5-0








Sorenson reported he and Fleenor toured the Shutter Creek Correctional Institution in   

Hauser, Oregon.   




a. REPORT/Maricopa County.


Fleenor reported on his Maricopa County tent city visit.


Green asked about the expectation of the Board.


Fleenor said Lane County is having public safety challenges and this was an alternative that another community has used to solve overcrowding.


Dwyer said Lane County’s problem is not that they don’t have the space, but they don’t have the money to put the prisoners in jail.  He said this doesn’t relate to Lane County’s problem. 


Green asked how different this tent city was from the Lane County Forest Work Camp.


Fleenor indicated the concept was similar but they had a different way of implementing the concept.  He said there are many ways of doing the same thing.  He said they wouldn’t be able to duplicate any system except for what they do in Lane County.


Green said Lane County has a work crew and they don’t call it a chain gang.  He said they have a Forest Work Camp, they don’t call it tent city.  He added that they provide educational opportunities that tent city doesn’t have.  He commented that it was a philosophy that was being administered.  He questioned whether Arizona was a restorative justice state in how they deal with their inmates.


Fleenor stated that 85 percent of the inmates are people of color. 


Green questioned if it was really over population or over representation.


Dwyer said Oregon has different laws and different climate.  He said no matter what system they have, the electorate has to pay for it and they are not willing to.  He said they are releasing people because they don’t have money for personnel.  He thought it was good to review different options.


Fleenor commented the system is not designed as a cohesive efficient model.  He said it has been piecemealed together.  He asked if it was better to look at a whole new system that is properly scaled with technology.  He stated the cost of a tent is 1/6th the cost of brick and mortar.  He asked the Board where they wanted to spend the money.  He thought they should look at the tent system.  He wanted to appoint a task force to make sure what they are going to do will be supported.


Green asked if Fleenor wanted Lane County to put something in front of the voters.  He didn’t know how else they would get the money to do this.


Fleenor said this was a first step of looking at options.  He wanted to see what they currently have, what it is costing them and then looking at other models.  He also wanted to see if they could learn from other organizations and apply them to Lane County’s situation to see if there is savings. 


Green said he has been involved in looking at other systems.  He commented that the tent city is similar to the Forest Work Camp.  He thought Lane County’s inmates do a superior job with the food at the Forest Work Camp compared to the tent city.  He thought there could be some efficiencies they could look at, but he wasn’t sure a dismantling  would be the solution to start over.  He said 65 percent of the budget is dedicated to public safety and they have to find replacement revenue. He was concerned about the demographics and other costs required by the constitution.,  He didn’t think the philosophy from Maricopa County is the same in Lane County if they were to model that type of attitude.  He said the family needs to have some advocacy on how inmates are being treated.  He commented that he would have to be convinced from a fiscal and humanitarian situation on how they manage their inmate population.  He said that compared to other counties in the state, Lane County’s system is more efficient. He added that outside of the state there are different laws and there would be different outcomes. He stated what is not working is stable revenue.


Fleenor said they have lost money from timber payments but it is also about taking personal responsibility for the future.  He said they need to work within their resources and they need to make it clear to the citizens that they want them to participate in the design of the system they are going to live with. 


Stewart commented that since he has been a commissioner he had been concerned about the age and design of the facility to make it run more efficiently.  He spoke with the Sheriff and they are overwhelmed with the ability to keep the system moving forward with something different. He hoped they could look at streamlining the system.




a. ORDER 08-4-9-9/In the Matter of Approving Submission of the County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2008-09.


Anette Spickard, Assessor, explained that each year Lane County participates in the state’s CAFFA Grant Program to help counties pay for the cost to run the local property tax system.  She said they have to submit their application by May 1 to the state and they review the work plan and staff levels and accomplishments from the prior year and the projections for the upcoming year.  She indicated that if they are in compliance to keep the tax role current and properly assess and collect taxes as required by state laws, then the County becomes eligible to receive funding under this program.  She estimated the amount to be $1.8 million for next year. She said they have successfully received this money every year since the inception of the program.  She noted this money goes to the general fund and does not go into the Assessment and Taxation budget.  She said it is an important source of funding. She noted that it offsets 22 to 25 percent of their operating costs each year.  She indicated that the grant application includes their budget, a portion of the budget at Public Works for cartography functions, one staff person in Deeds and Records and property tax appeals and a portion of Jeff Turk’s time for tax foreclosed properties.  She indicated that they cannot make any reductions according to the state unless they negotiate with them in the future.


MOTION: to approve ORDER 08-4-9-9.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. ORAL REPORT/Facilities Committee.


David Suchart, Management Services, reported that next fall they will work on the interior design of the Armory.  He noted it is the last piece of the Juvenile Justice Center. He has been working on the Courthouse ADA elevator.  He announced there would be a fairgrounds tour on April 24.  With regard to the FQHC at Riverstone, Suchart said they are in the process of working with the City of Springfield because the size of the clinic is not working out.  He said they might put a temporary modular unit next to the Riverstone facility to move administrative staff over to have more clinical space available.


Suchart said at the jail there is performance contracting to replace the energy and HVAC systems.  He said at the Facilities Committee they brought back the issue of re-roofing the facility.  He put together a three year plan to re-roof the remainder of the jail facility.  He indicated that they had done several studies over the past 10 years on jail improvements and they are already available about taking down parts of the facility and replacing it with a new building.


Suchart noted they are doing a minor remodel at the Mental Health facility for primary care.  With regard to parking, he noted there have been changes with ADA on how vehicles need to be parked in the spots.  He said the butterfly lot is staying and they are not going to make changes in the PSB lot. 


Suchart stated they are working on the RIS remodel.  He said some areas are going to be consolidated for staff.  He added they are working on a proposal that would be working on the security of Assessment and Taxation. 


With regard to Charnelton Place, Suchart said they will be going out to bid on the exterior repairs to the building.  He noted the interior is on hold because of the budget and who would being going onto the second and third floor.  He added they are going to do the exterior this summer.


Green suggested painting the annex, as the building looks bad.




a. ORDER 08-3-12-8/In the Matter of Transferring Lane County Parole and Probation Services from the Department of Health and Human Services to the Department of Public Safety and Restructuring the Supervisory Authority Team.


Russ Burger, Sheriff, reported this is to transfer Parole and Probation services from the Department of Health and Human Services to the Sheriff’s Office to restructure the supervisory authority.  He added that the purpose of the proposal is based on efficiencies they believe they could gain by making the transition.  He said they are faced with large budget cuts and they have to look for every opportunity to gain efficiencies in the public safety system.  He said an efficiency they can gain by the consolidation is adding an additional Parole and Probation officer.  He believed they could gain better communications.  He noted they manage the same clientele and they believed they could keep track better and have more continuity of service by all being in the same organization.  He added that they could combine their training functions and gain efficiencies. 


Burger believed they could expand the electronic surveillance program  He said they could combine the labor relations functions and put it under one roof within the organization.  He said it would give them an opportunity to further develop the defendant and offender management center.


Burger indicated that the proposal included a couple of different options for changing the supervisory authority team and the recommendation before the Board includes the Sheriff, the presiding circuit court judge or their designee and one of the commissioners appointed by the chair.  He added the original proposal stated that it be on a trial basis and the transition sunset at the end of his term.  He spoke to the Pubic Safety Coordinating Council about the concept and their opinion is to do it now instead of in the future to see if it is achieving the outcomes that are anticipated.  He noted that funding for Parole and Probation comes through state 1145 dollars and it would not impact the funding for Parole and Probation.  He said if this is approved, they will form a transition team with a goal of July 1.


Rob Rockstroh, Health and Human Services, agreed with the transfer in principle.  He commented that his preferred model was to have a separate department, but he said that would create other complications.


Dwyer supported the order. He also supported having a commissioner on the SAT as it gives it more continuity.  He said because it sunsets and takes affirmative action to reauthorize, it gives them an opportunity to review it.


Wilson indicated that there is a typo on the fourth line.  She recommended that the language be changed and it reverts to the authority of the Board of Commissioners.  She said the reversion is designed to handle the charter question.  She said instead of assigning a department, it made more sense to deal with it at the authority level.


There was consensus to do that.


Sorenson said it was vital to have a strong Parole and Probation effort within the public safety function.  He said they need to partner with the state to provide funding.  He commented that this proposal deals with creative thinking and how they could get more public safety services for the same amount of money. 


Sorenson wanted to have a commissioner serving on the SAT, like other appointments by the Board.


With regard to the SAT, Burger said the idea behind the new configuration is when Parole and Probation comes under the Sheriff’s Office, the Parole and Probation manager becomes a Sheriff’s Office employee and they would miss the broad perspective.  He said that would be the idea of bringing a commissioner onto the SAT so they could represent the broad perspective.  He added that having the Chair of the PSCC a member of the SAT, becomes problematic if the commissioner who is on the SAT is also the chair of the PSCC. 


Green supported this because it is something the employees wanted.  He added it is on a trial basis.


Fleenor wanted to add a Health and Human Services appointee.  He also wanted to add a lay person not part of the public safety system.


Burger said one of the benefits they had with the SAT was because it was so small, they were able to accomplish a lot in a short period of time.  He recommended only three people  be on the SAT .


Fleenor wanted to roll this until the afternoon when Legal Counsel can make the necessary changes so they could have a clean copy to work off this afternoon.


Karsten Rasmussen, Judge, said this proposal didn’t preclude a commissioner being a member of the SAT.  He said he had accomplished significant things with the DOMC with a three person committee.  He asked to leave it at three people as it is crucial to get important work done. He noted that treatment is always discussed and it is a big part of what the Sheriff’s office is doing.


MOTION: to move the order conceptually with the corrections based on their discussion to bring back for final approval.




Stewart thought six months was a short period of time to get this moved.  He thought they might want to extend it another year to get a good baseline to make sure it is working properly.


Rockstroh thought the goal of completion should be on June 30 instead of July 1, otherwise they would get into the next fiscal year.


VOTE: 5-0.


(From this afternoon)


MOTION: to approve 08-3-12-8.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. Announcements




b. DISCUSSION/Internal Auditor Annual Work Plan.













15. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.


There being no further business, Commissioner Stewart recessed the meeting at 11:55 a.m.



Melissa Zimmer

Recording Secretary