BOARD OF COMMISSIONERS'

REGULAR MEETING

June 18, 2008

following Board of Health

Commissionersí Conference Room

APPROVED 7/23/08

 

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.

 

1. ADJUSTMENTS TO THE AGENDA

 

Green introduced Dan Worden and the Oregon Boys State Program housed at the University of Oregon.

 

There is an Emergency Business item with the LTD purchase of property.  Item F2 is rolled.  There is a correction to item D1.

 

Sorenson requested 4 D.2. and 4 E. 2. be pulled off the Consent Calendar for discussion.

 

2. PUBLIC COMMENTS

 

Ann McLucas, Eugene, said last week in response to her questions about Jim Gilletteís case, legal counsel said it was litigated and now closed.  McLucas said the litigation was not about the facts of the case, but whether the County had the right to fine Gillette before giving him a hearing.  She said the commissioners said Gillette could be heard by coming to Public Comment.  She commented that a two or three minute sound bite is not the same as a hearing where things could be presented and that was what he had a  chance to do.  She said he never had a hearing on the facts of his case. She was present in Harris Hall when the Board promised a hearing on the facts of Gilletteís case about 18 months ago.  She indicated that none of the Board had come up to see the trails.  She didnít know why the Board wasnít working with Gillette to open his land up to the public.

 

Jim Gillette, Eugene, said he keeps coming back was because the County extorted the money from him.  He trusted the Board would do the right thing and that is why he keeps coming back. He thought his fine should have been forgiven because he wasnít found guilty.  He said no one disputed the evidence.  He said he had an air tight case if he could ever get a hearing.  He said legal counsel told him he didnít pay the $12,000 to get his hearing.

 

Green said there was a comment made by Gillette that he gets his information from staff.  Green said staff makes reports to the whole Board and Gillette had received information from four other commissioners that Gillette had dealt with:  Cindy Weeldreyer, Don Hampton, Tom Lininger and Faye Stewart.  Green said there is information on the situation. Green said he has known Gillette since Gillette was a fireman at the City of Eugene.  Green said the commissioners from his district have all tried to resolve this issue and they are still working on it.

 

Dwyer regretted the policy wasnít retroactive to include him. He wanted to make the policy apply to Gillette in the future.

 

Sorenson wanted a letter from Gillette about what his interest is for the park.

 

Deb Frisch, Eugene, discussed the 2008 Olympic Trials and government issues.

 

Mia Nelson, Lowell, asked how the population forecast could go on so long without little progress.  She said staff and small cities are failing to move this forward.  She recalled on January 2 Dwyer made a motion to terminate the LCOG forecast  and to start over.  She said now the small cities are filing a lawsuit to try to force them to go back to LCOG.  She wanted everyone to accept the January decision and move on.  She asked why the cities havenít given the Board the cost sharing proposal that is needed to move ahead with this.  She said the cities are delaying this instead of seeing the Board succeed with a new forecast.  She indicated there is a situation now where the Board is being told if they donít approve the forecast that 2,000 jobs will be lost.  She wanted the Board, staff and the cities to move forward on this.

 

Jerry Valencia, Lowell, supported staff and everyone else and opposed whatever Mia Nelson came up with.  He said this is a more diverse situation and it affects everyone.  He said if they go with safe harbor, the small cities wonít be able to handle the cost.  He said the bottom line is that this is what Lane County wanted as a whole.  He said there are a few individuals who decided they didnít want to go in that direction.  He agreed they needed to move forward for the benefit of all the cities.

 

Stewart said this will be on the agenda next week.  He said it costs only $50,000 for PSU to do the study, but there is staff time, public hearings and other things involved that bring the price up.  He said when the Board gives direction, staff responds.  He disagreed that this could have been done by now.  He added staff has been working, coming up with options and it takes time to work on the options and come back to the Board.

 

Scott Bartlett, Eugene, said he was speaking as a citizen.  He indicated the Board wants LCAS to be weaned off the general fund.  He thought it would be appropriate to help LCAS pursue those proven identifiable revenue programs that could do that.  He said they had talked about having the cooperation of the assessor incorporating in the annual tax bill a notice from Lane County and the importance of getting dog licenses.  He said that Washington County has a canvas and have taken their licenses from 29,000 to over 43,000.  He said they have sold 4,000 licenses on line.  He said if the average price per dog license is $25 times 4,000, they could raise $100,000 from selling licenses on line.  He added that could also generate over $350,000 from inserting information into the tax bill and they could possibly eliminate the general fund subsidy of the $1.7 million in the budget.  He asked to either restore LCAS to its status quo of $168,000 or to spend $75,000 out of reserves to be repaid by the $1.3 million.

 

3. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 08-6-18-2/In the Matter of Adopting the FY 2007-2008 Supplemental Budget 3, Making, Reducing and Transferring Appropriations.

 

Christine Moody, Budget Analyst, reported that this is the third and final supplemental budget for FY 2007/2008.  She noted there are two funds over the ten percent change that requires the hearing: the Law Library Fund, and the Capital Improvement Fund.  She added with the Capital Improvement Fund, the change was a result of a $1 million loan they approved from the solid waste reserves and the fleet fund for the Charnelton Building improvements.  She added the other changes in the supplemental budgets are increases, decreases and grant revenues.

 

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

 

MOTION: to approve ORDER 08-6-18-2.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

 

4. CONSENT CALENDAR

 

A. Approval of Minutes:

April 4, 2007, Regular Meeting, Following Board of Health

April 10, 2007, Work Session, 9:00 a.m.

April 11, 2007, Regular Meeting, 9:00 a.m.

May 22, 2008,  Regular Meeting, 9:00 a.m.

June 3, 2008, Regular Meeting, 9:00 a.m.

 

B. Health and Human Services

 

1) RESOLUTION AND ORDER 08-6-18-3/In the Matter of Approving a Modification to the 2007-09 Lane County Community Corrections Plan and Increasing Appropriations in FY 2007-08 by $100,000 for Parole & Probation Services in the Department of Health and Human Services.

 

C. Public Safety

 

1) ORDER 08-6-18-4/In the Matter of Applying for a U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Grant in the Amount Not to Exceed $397,503 for 36 Months to Enhance Drug Enforcement and Prosecution Activities; and Delegating Authority to the Lane County Administrator to Sign Grant Documents. (Department of Public Safety)

 

D. Public Works

 

1) ORDER 08-6-18-5/In the Matter of Accepting a Dedication of Lane to be Used as a Public Road Easement for County Road No. 1247 (Link Road) and County Road No. 203 (Prairie Road) (17-04-03 & 04).

 

2) ORDER 08-6-18-6/In the Matter of Authorizing the Execution of a Utility easement Across a Portion of T.L. 17-04-02-21-00500 Previously Conveyed From Lane County to the City of Eugene by Means of a Deed Containing a Reversionary Clause.

 

3) ORDER 08-6-18-7/In the Matter of Constructing Improvements to Harvey Road (County Road Number 1088) Between MP 0.86 and MP 1.44.

 

4) ORDER 08-6-18-8/In the Matter of Awarding Requirements Contracts to Various Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and During Emergencies Caused by Floods, Windstorms, and Other Disasters During the Period of July 1, 2008 to June 30, 2009, Contract No. RM07/08-12.

 

5) ORDER 08-6-18-9/In the Matter of Awarding Requirements Contracts to Northwest Cascade DVA Honey Bucket, Buckís Sanitary Services, and Best Pots Inc. to Provide Portable Toilet Rentals and Service and Delegating Authority to the County Administrator to Sign the Contracts.

 

E. County Administration

 

1) ORDER 08-6-18-10/In the Matter of Correcting Order No 08-5-7-11 Ratifying the FY 08-09 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC).

 

2) ORDER 08-6-18-11/In the Matter of Welcoming Participants to the 2008 Olympic Trials and Designating Elected Officials as Lane County Ambassadors.

 

F. Human Resources

 

1) ORDER 08-6-18-12/In the Matter of Appointing Teresa Wilson as Interim County Counsel.

 

2) ORDER 08-6-18-13/In the Matter of Adopting the Recruitment and Hiring Process for County Counsel.

 

MOTION: to approve the balance of the Consent Calendar.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

4. D.2).

 

Sorenson recalled that Lane County transferred Aubrey, Heilman and Whitely Parks to the City of Eugene by board order in 1989.  He noted in the deed it stated should the city fail to use the property for park purposes, ownership shall revert to the County.  He noted in the cover memo the term park purposes is not defined in the bargain and sale deed and it is unknown what actions would constitute failure to use the property for park purposes, thereby triggering a version to Lane County.  He didnít have a problem with this if the city runs it as a park.

 

Frank Simas, Public Works, said it is not uncommon for park properties having utility easements crossing them.  He noted in this case it is an underground easement.  He stated that it wouldnít necessarily impact the use of the surface of the ground.  He said the city could stop maintaining it as a park if they had budget cutbacks and it would still be there as park usage.  He thought it would be unlikely that the city would ever let the property be converted to another use, thereby triggering the reversionary clause so the previous granting of the utility easement may not be an issue for Lane County.  He said the easement being across the property and leaving the surface free to be used as park purposes would not be a violation of the reversionary clause.

 

Sorenson asked why it was in the interest of the County or the city for them to change the deed and say they donít have to maintain it as a park.

 

Simas indicated they are not proposing that.  He said the city had previously executed the utility easement from the City of Eugene to EWEB and they are asking that the County acknowledge they are okay with the granting of the easement.  He said they want Board concurrence that it is okay for the easement to be granted.

 

Sorenson said it doesnít state underground in the board order.

 

Wilson said they could insert it in the board order on the assumption that any utility lines will be underground and not impact the park use, to provide the level of assurance that the city needs and to maintain the Boardís position that it be used for park purposes.

 

Dwyer thought they should have come to the Board first.  He said they need to clarify what it is they expect so it is a park  He thought they should come before the Board before they grant the deed.  He didnít think they should approve this.

 

Fleenor asked who initiated this and how it was being paid.

 

Simas responded that EWEB initiated this and they didnít ask for payment as it was a routine item. 

 

Fleenor asked if they had a reciprocal agreement with EWEB or Eugene.

 

Simas indicated that they have cooperation with EWEB on matters with road maintenance issues and vegetation management.  He added they have an IGA with EWEB for road maintenance. 

 

Fleenor wanted to make sure rural citizens werenít subsidizing urban issues.

 

Simas said they could start doing that.

 

Sorenson asked where the subdivision was that EWEB was trying to accommodate and what they had to do to get access to their property.

 

Simas said they would have to find another way to go or EWEB would have to record the easement executed by the city and they would do it at the risk of the County saying later it wasnít park usage.  He said the request is for a water line to serve a subdivision.  He said although the document doesnít limit it to only water or utilities, it is the current proposal.

 

Sorenson said when the Board give up the parks and boat landings it was because of the financial problems of the County and the policy within the urban area of Eugene and Springfield that park administration was more appropriate for cities within the incorporated area.  He didnít think it was fair for the Board to go through this.  He wanted Simas to talk with them to find out about having the water utility underground so it doesnít intrude on the park and they could prepare the legal materials for the them.  He wanted Simas to take it back to get comments and not vote on this today.

 

Stewart was fine with what has been presented.  He said this is just a utility easement and he wasnít opposed to it.

 

Simas said he would tell EWEB what the Boardís feeling is.

 

Fleenor said they needed to charge full cost recovery.

 

Stewart commented that they are headed down a slippery slope with this type of conversation.  He asked if they were going to start charging for joint elected official meetings when a citizen requests a recognition for a special event.  He said there are activities that take place with built in costs of doing government.  He is concerned that whenever there is a request from a city that they would charge us.

 

4. E. 2).

 

Sorenson indicated there wasnít any memo and he was interested in Wilsonís opinion with the language of the board order.

 

Wilson explained that her effort was to make sure that the Board is insulated from a potential allegation of an ethics problem, given the recent change in the ethics law.  She said the Board has been involved monetary in bringing the Olympic Trials to the community and they have established those trials as an aspect of County concern.  She said it is a large event and many activities will take place.  She was trying to use the language to have the Board invest each other, that they are acting within their official capacity so they donít get questioned.

 

Sorenson didnít agree. He thought they should have more scrutiny than approving it on the Consent Calendar without any additional conversation.

 

Dwyer said there were some perfunctory events where they charged more than $15, where if they accept it from the university, they may be subject to a violation.  He said they could use the money for a public purpose. 

 

Fleenor recommended deleting the last part of the last paragraph.

 

Stewart noted that this is considered an entertainment event and they canít take any tickets for free.

 

Wilson indicated the organizing committee is having some events that thank the participants who have contributed funds.  She said it was that type of event where the Board was being recognized for the contribution the County made, more than the trials itself.  She said if the commissioners want to go, they have to buy their own ticket. 

 

Sorenson asked how it will affect public officials and how the public will understand what it is elected officials are doing.

 

Wilson indicated that was a difficulty under the new ethic rules.  She said they are trying to figure out which events have a legislative or administrative interest in the County.  She said the Olympics received money from the County.  She noted that all governments are moving forward with the new ethics law and the rules the ethic commission have adopted.  She indicated that this is still a moving target.  She thought it was realistic that by January 2009, when the Board does the adoption of the committee assignments, to adopt something similar that adopts some of the major events at which the Board routinely expects to appear and participate in an official capacity.  She thought the Board might want to routinely fund as part of the budget the tickets for those events.

 

MOTION: to approve ORDER 08-6-18-1, striking the last part of the last paragraph.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

 

5. EMERGENCY BUSINESS

 

ORDER 08-6-18-19 Authorizing the Execution of a Warranty Deed and Related Documents Regarding the Sale of a Portion of County-Owned Surplus Road Fund Property Located at 11 River Avenue, Eugene, to Lane Transit District

 

Frank Simas, Public Works, reported that on April 30, the Board authorized completion of the sale to Lane Transit for the property on River Avenue.  He said the purpose is to inform the Board of the resolution and the proposed IGA and to reconfirm the authority to close the transaction between the County and LTD.  He said the easement agreement that is proposed to be executed between the County and LTD addresses a common driveway to serve the transit station and the proposed County retained parcel will eventually be leased out.  He recalled the earlier proposal was that LTD would take care of the maintenance of the access easement in perpetuity.  He said they now have a proposal to limit their maintenance of the access easement  to the first ten years after the execution of the easement agreement.  He said their concern is that they donít know what use will be made of the County retained piece and it could be something that involved more traffic than what the transit station would hold.  He said they thought ten years for them to maintain it is a reasonable amount.  He added after ten years they would still do the access easement but they would bill the County for a proportional share of the easement maintenance after that time.  He said that cost would be rolled into the lease between Lane County and the proposed tenant.  He added that cost would be paid for by the lessee of the property.  He noted there were delinquent property taxes that would relate to the usage of the transit station in past years.  He indicated that they now have agreement with LTD to put the money into escrow to pay the taxes in full.  He noted that would release the lien on the property including what Lane County is proposing to lease and allow them to close the transaction. He said the order requests that the Board authorize the execution of a warranty deed, a property line adjustment declaration and an easement agreement.  He said the other documents would be for execution by the county administrator and that would be the closing statements, escrow instructions and the IGA.

 

MOTION:  to approve ORDER 08-6-18-19.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

6. COMMISSIONERS' REMONSTRANCE

 

None.

 

7. COMMISSIONERS' BUSINESS

 

None.

 

8. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

b. DISCUSSION2008-2009 Lane County Budget, Making Appropriations and Levying Taxes.

 

Spartz recalled with priority setting by the Board, work by staff and many hours of budget hearings,  the proposed budget document had been put together.  He said the budget is aligned with the process the Budget Committee arrived at.

 

Dave Garnick, Budget/Financial Manager, indicated there are a series of housekeeping adjustments that need to get into the budget document.  He said there are some personnel items, re-budgets and grant related changes.  He said those were technical adjustments.  He recalled with the first budget the County Administrator restored public health to the minimum required level.  He said the intent is to meet the requirement so they can maintain their Public Health authority. He said in the process of doing that, they did not include enough general fund money to pay the general fund share of the IS cost.  He said in restoring the Public Health function, other revenues became available and they are contributing toward the IS costs.  He noted that $98,240 is still not covered.  He said since the services and staff have been restored, they will be using the IS services.  He said the only way to make sure that is covered is to provide the funding from the general fund.  He added if they donít do that, they would have to leave a position vacant in order to absorb the cost.

 

Fleenor recalled the Board was trying to accumulate the reserves and to start paying down debt so as they move forward they reduce the structural deficit, making it easier in the future to balance the budget and to maintain the essential services. He didnít think they should spend the money today when they are looking into the future.  He wanted to reserve as much as they can to maintain as many essential services moving forward into next  yearís budget.

 

Karen Gaffney, Health and Human Services, said with Public Health, if they have to come up with the $98,000, it would eliminate one position to provide the level of service they wanted to provide.  She thought they would have to take it out of the add packages with WIC and maternal child health.

 

Sorenson asked if they were anticipating any other changes.

 

Garnick reported that there are some things beyond their control and a number of factors that will hit the general fund next year.  He thought they might have to make other adjustments. He indicated that the refund to Hynix is a $313,000 hit to the general fund.  He indicated that this is an add and he will bring this back to the Board for adoption.

 

MOTION: to approve the recommendations of $98,400 for Human Services, and $4,300 for Veteranís Services.

 

Green MOVED, Dwyer SECONDED.

 

Stewart said the reason he was supporting this was because they were committed to the add back in the Health and Human Services area.  He said because they didnít approve enough money for the support services for Health and Human Services, he agreed to this but he didnít want to go any further or adding anything else.

 

Fleenor asked if Attachment C was part of the motion.  He wanted to know why they were continuing to fund memberships in associations when they are having financially difficult times. 

 

Garnick said that was a separate issue.

 

Stewart said this dealt with the two general fund recommended add packages.

 

Garnick wanted to add the three on the bottom that are self-funded.

 

Dwyer thought it was critical to support this.  He added the City of Springfield is meeting about giving $20,000 to Veteranís Services.

 

VOTE: 5-0.

 

Sorenson commented that having a reference to dollars is the ultimate guide to how resources are being used.  He wanted to see additional information.  He wasnít comfortable with the transfer of power from the Board to the departments.

 

Stewart thought they should keep it the way it is.

 

Garnick indicated there was a change under Attachment A about FTE.  He said they accidentally eliminated the Assistant County Administrator twice and they need to add an FTE number so it matches the number of positions they have.

 

With Attachment B, Garnick said they have a list of new contracts and amendments.  He said in order to get on the list, they have to be a known contractor.  He said by having the list of contracts it makes it an efficient process so the departments donít have to come in individually and by including them in a board order, whichever contracts are on Attachment B, the County Administrator has the authority to sign them after they have legal and budget approval.

 

Garnick noted Attachment C is the IGA and he will fix it to show the adopted FY 08/09 budget.  He said he will reduce the amount as they discussed in the general fund.

 

Fleenor said he didnít see the rationale in spending $230,368 of the road fund on memberships when moving forward they will have difficulty fixing pot holes and maintaining highways in safe condition. He wanted to see all of the road fund monies be given back to the road fund and they drop out of all of the associations that are road fund sponsored.  He thought there was a benefit to AOC, LRAPA, but with Lane Countyís financial condition, they have to look at how they wisely spend their money.  He said if they take the money and put it back in the road fund for future use, they would get more benefit.

 

MOTION: to defund all programs on Attachment C to zero and return the money back to the road fund for use within Public Works as appropriate.

 

Fleenor MOVED, Sorenson SECONDED.

 

Sorenson said half of the money is for LRAPA.  He asked what their picture was like.

 

Stewart said this affects LRAPA deeply.  He doesnít believe it will force them where they cannot function, but they will have to make additional cuts to their budget.  He said they anticipated this was a possibility, but then they were told it was still in the budget. 

 

Fleenor thought LRAPA was a good agency but it is redundant and the state provides the same service.

 

Stewart said that was not true in Lane County.  He added if LRAPA would not exist in Lane County, the state would do the air enforcement.

 

Green wanted to know what the consequences would be if they were to zero out LRAPA.  He said if they get a multi-year renewal he wanted to take another look at this.  He said he would support the motion contingent upon restoration of funds.  He thought it should be contingent upon the successful effort of reauthorization.

 

Fleenor said he would modify the motion to state that if alternative funding is available, to reconsider joining any one or all of the organizations, but for the time being, for budget purposes they need to zero them out.

 

Sorenson agreed with the amendment.

 

Dwyer was supportive of the motion.

 

Stewart said he is on the board of LRAPA.  He thought highly of the organization as it gives local control.  He supported the motion because as commissioners they need to be prudent with the funds and it sends the message that they will have to work hard to find replacement revenue for the other entities involved.

 

Sorenson commented that this motion carries consequences as it is taking money away from organizations.  He stated that they have to do it under their budget situation.

 

VOTE: 5-0.

 

Video Lottery

 

Dwyer recalled when they used Video Lottery, for backfilling.  He noted that intergovernmental dues were permissible as it related to economic development.  He questioned the $8,500 for the OCZMA and how it relates tourism. 

 

Green commented that the dollars are for good use and are essential.

 

Fleenor agreed with the video lottery piece except for LCOG.  He thought the $44,600 should be kept in-house.

 

Stewart supported all of the allocations.  He said Milo Mecham staffs the Fiber South Consortium and he has been the negotiator for contracts for franchises.  He thought they were economic development pieces.

 

MOTION: to zero out the video lottery money for LCOG and bring it back in- house.

 

Fleenor MOVED, Sorenson SECONDED.

 

Dwyer thought there was a nexus between what they have Mecham doing at LCOG for the Mapleton Water District, Blue River and Cottage Grove. He thought they should leave LCOG in.

 

Fleenor withdrew his motion.  Sorenson withdrew the second.

 

Wilson explained that the budget order will look different than what it had in the past.  She said there will be language that establishes that they would be providing a discretionary immunity defense.  She said it takes direction in considering where the Board is balancing risks and benefits and the impacts to the community.  She said it will be Attachment E where the Board received substantial public information and consider it part of the decision making process.

 

 

9. PUBLIC WORKS

 

a. ORDER 08-6-18-14/In the Matter of Appointing a Member to the Lane County Planning Commission.

 

MOTION: to approve ORDER 08-6-18-14.

 

Dwyer MOVED, Green SECONDED.

 

Stewart was asked to appoint someone to review the applications knowing they have tried to balance their committee make up with one appointment for each commissioner.  He said because there was not an appointee from Dwyer, Stewart gave this to Dwyer and he was able to find that Tony McCown fit his requirements.  He added that McCown will resign from the Eugene Planning Commission.

 

VOTE: 5-0.

 

Stewart was informed that Ed Becker has taken a position in Portland and has formally resigned from the Planning Commission.  He said now that each commissioner has an appointed person on the Planning Commission, this should go to the committee to interview the remaining position.

 

10. PUBLIC SAFETY

 

a. ORDER 08-6-18-15/In the Matter of Waiving the 3% Lapse Requirement for the Sheriff's Office in FY 07-08 Due to Extraordinary Circumstances.

 

Russ Burger, Sheriff,  said the Board of Commissioners has the ability to waive the lapse requirements for each of the departments given extraordinary circumstances.  He reported the federal timber payments loss was more than $12 million and 92.5 FTE in the Sheriffís office.  He added they also had uncontrolled costs with hospital lab fees, the cost of cash outs on layoffs and fuel costs. He added that the collected bargaining agreement amounted to more than $1.2 million in expenditures in excess of what they had budgeted.  He reported that they are still in the black with expenditures. He said on the revenue side they didnít realize revenue from the U.S. Marshalís office in the amount of $682,000 is less than what was projected.  He asked if the three percent lapse requirement could be waived given the fact they have had such an extraordinary year.

 

Fleenor asked about the current status of the U.S. Marshalís contract. 

 

Burger said the contract stipulates that if they utilize a bed, they pay the cost for that bed.  He noted the current contract rate is $92 and they are trying to renegotiate that to $117 per day.  He said currently there are no beds available.  He added they have an eight percent reduction from what they had a year ago.  He said once those beds fill up at Sheridan then they will start to grow the federal inmates.  He wasnít aware of any contract with the federal marshal that stipulates they receive so many beds and they have to pay for the beds whether they are used or not.

 

Green asked how these monies would further help corrections or patrol.

 

Burger said if they donít waive the lapse requirement, then next year that amount comes out of their budget.  He said the lapse that was added back was for 24 hour patrol and that is the first thing they would look at.

 

Dwyer thought they needed to have a discussion about the lapse at the budget committee.

 

Burger recalled that last year they had an excess and they were over their three percent.  He said this year they donít have the lapse. He added that they are still in the black but they are not meeting the fiscal policy of three percent. 

 

Stewart said in budgeting they try to do the best they can for unforeseen circumstances.  He said not knowing how many federal prisoners they have in their jail is an unforeseen circumstance they donít have control over.  He added that is why they have reserves to cover those shortages and to move forward.      He said they could disregard moving the lapse in from Fleet.  Stewart supported moving this forward.

 

Fleenor wanted to support public safety but they are creating a precedent for the other departments.  He thought this was an emergency and it is an extraordinary circumstance to move forward.

 

Dwyer stated he wanted to deal with this in the future when they are doing the budget.  He commented that anything they spend now will impact services in the future.  He said he wouldnít stay in the way of this.

 

Green supported this.  He said they need to send the message to the community that public safety is a priority.  He added but for the Marshalís office, they wouldnít be having this discussion.

 

Sorenson thought they are not told going into the budget what target rates have been hit by every department.  He said if the Board approves this that the definition of extraordinary circumstances has been broadened to include things people havenít been able to predict.  He added that Garnick should get a report from all of the departments at the end of March so they could step in if they have to.  He said it achieves an appropriate level of lapse.  He didnít think they should spend all the money that has been appropriated. He said by doing this they are digging further into the reserve. 

 

Green was concerned about the ďme tooĒ approach but he said that each department has the right to make their case to the Board.  He said they need to focus on the extraordinary circumstance.

 

MOTION:  whereas Lane Countyís current financial condition is a result of a confluence of a variety of circumstances that are unique and unprecedented, whereas these confluence of events has resulted in the Sheriffís Office not meeting its three percent lapse and most likely these events wonít occur in the future to approve ORDER 08-6-18-15, with counsel review.

 

Wilson commented that the consideration with the Marshalís contract was based on their budget assumption that they always came in using more beds than what the contact is for.  She added that this is a flip and that was captured in the general fund.

 

Fleenor MOVED, Green SECONDED.

 

Wilson recalled that the Boardís lapse policy was two percent and it only recently went to three percent in light of what they were facing.

 

Stewart asked if it was a policy they were going to continue next year.

 

Wilson said that would become part of the budget discussions for next year.  She said the Board always has the authority to waive the lapse for extraordinary circumstances.

 

Stewart asked that they watch this closer in the future.  He said part of the Traffic Team is paid for by revenue they generate and they added patrols that will have to pay some of their wages by tickets and for the Human Service Commission needs.  He hoped in the future the Board would be given a heads up about this.

 

Burger indicated that Garnick  keeps track of the Traffic Team revenue.

 

Dwyer said he would support this because of what the Sheriff was facing and how he is trying to juggle things.

 

VOTE: 4-1 (Sorenson dissenting).

 

11. WORKFORCE PARTNERSHIP

 

a. ORDER 08-6-18-16/In the Matter of Amending the Local Strategic Unified Workforce Two-Year Plan for Title I-B of the Workforce Investment Act of 1998.

 

Chuck Forster and Christina Payne gave a presentation on amending the Local Strategic Unified Workforce Two Year Plan for Title I-B on the Workforce Investment Act of 1998.

 

MOTION: to approve ORDER 08-6-18-16.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

12. CORRESPONDENCE TO THE BOARD

 

a. Port of Siuslaw

 

Stewart recalled the previous Board approved this action and it was a specific direction given and agreed upon with the Port of Siuslaw.  He noted the Port of Siuslaw has a different board and circumstances are different and they want to go a different direction.  He said the direction the Board of Commissioners gave was that they hadnít met the criteria of the previous agreement.  He thought Spartz should ask the Port to give the Board more direction because they canít meet what was agreed upon.

 

Green suggested meeting with the Port.  He said they are still asking the County about further development that they required.  He thought they were clear with the deed restriction.  He said it was about infrastructural improvements.  He thought there was an issue around definition.

 

Dwyer said most of what was done was due to the airport.  He said it had nothing to do with the development of the Port.  He thought if they put it on the open market they could get the property developed faster than the Port could.

 

Fleenor asked what their expectations were.  He said if they gave the property to the Port for them to develop and they developed it, they would have no additional revenue coming in as a result.  He said now they are looking at this as a potential revenue source for the County and it was contrary to what they thought they were doing.

 

Dwyer said they had constraints and timelines about what they were to do because they wanted to have economic development.

 

Jeff Turk, Management Services, recalled in 1995 the Board had a joint meeting with the Florence Board because there had been interest in the property by private parties.  He said at that time the Board of Commissioners asked the City of Florence what they wanted to do and they recommended giving it to the Port of Siuslaw.  He said the County did and the basis at that time was the construction would happen and the representation the Port made was instead of selling the property on the open market, the County said they would give it and keep it in the public domain.  He said the Port was told they could develop the property and in exchange the County wanted them to sign a deed restriction that said they wouldnít be charged, but if they couldnít do the things that were expected, it was up to the Board about the future of the property.  He noted that everything referred to in the letter stated they canít sell the property or get buyers when the original intent was to be a Port asset.  He said this was to be a long term asset for the Port, not to get the property, subdivide it and sell it off.

 

Stewart said that was the clear intent but the Port is not wanting to do that now.  He said it needs to be presented to the Board and they need to decide whether or not they want to do it.  He thought the Port needed to make their case to the Board with their new plan.

 

Dwyer thought they could get more economic development if they put it on the market.

 

Green recommended coordinating a meeting with Mark Freeman of the Port.

 

Stewart suggested setting a meeting in Florence to visit the site.

 

13. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

14. EXECUTIVE SESSION as per ORS 192.660

 

Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation and per ORS 192.660 (2)(d) for the purpose of consulting with labor negotiators.

 

15. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart recessed the meeting at 12:05 p.m.

 

 

Melissa Zimmer

Recording Secretary