BOARD OF COMMISSIONERS'
May 7, 2008
following Board of Health
Commissionersí Conference Room
Commissioner Faye Stewart presided with Commissioner Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present. County Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Victor Stathakis, Wayne Morse Youth Program, commented that there was a policy made two years ago regarding the electricity being turned off. He stated that the policy has affected them but no one else has been affected. He added that it has limited their time. He indicated that they are losing volunteers. He said they can only stay for three hours, twice a month. He wanted to start a 10:00 a.m. to go later to get a wider spectrum of volunteers. He wanted the Board to revisit the policy.
Stewart recommended giving it to the Agenda Team to place it back on the agenda.
Jim Gillette, Eugene, asked for a hearing. He asked the Board to stop his case from escalating. He said he needs to know by next week because he is going to start a website. He stated that he has 23 facts that are undisputable and if the Board can prove any of them, he will leave the case. He commented that what happened to him is extortion when they take money from someone with no real reason.
Karen Ramus, Eugene, she wanted to throw Val Majorís name in for interim Fair Manager. She finds her to be a direct individual. She said Major has stepped up as a leader at the facility. Ramus said Major was open about charging for parking for the home show as an experiment. Ramus said that Major brings experience and knowledge from the private sector and she has been in meetings with Warren Wong the last few years. She recalled for the past 15 years she has been renting the expo halls and she would be willing to pay more to rent the space.
Terie Stephenson, Creswell, said she has been a vendor for 12 years in the Expo Hall at the Fairgrounds. She said that Val Majors provided them with new doors.
Helen Berg, Eugene, reported that morale was bad at the fairgrounds. She suggested that the Board not take anyone else but Val Majors. Berg said Majors is good to work with.
Chuck Spies, City Administrator, Lowell, indicated that the city of Lowell has a project for affordable housing that they acquired from the County. He sent the Board a history. He stated the IGA that will be discussed later today is an agreement to pay $74,000 for the removal of a deed restriction for a small piece of County right-of-way to make the road fund whole. He questioned the rationale for the payment but they were convinced that was what the law requires. He said they are willing to pay that amount. He added that last night their city council approved the IGA. He stated that IGA will only be exercised if the project for affordable housing moves forward.
Anne Williams, Eugene, St. Vincent de Paul, explained that this is a project that has been a struggle. She stated this is a proposed 20 home ownership unit for the community of Lowell. She added that Lowell has undergone a demographic shift where there are a number of affluent retirees moving into the community. She indicated that it creates some problem for the school district and an imbalance in the overall health of the community. She noted that this project is targeted at first time home buying families. She indicated that the project will be funded through a USDA project. She said the project is close to $5 million. She said they anticipated County road funds and had done a preliminary application when they were available. She said they were unclear at the time what the total project would cost. She indicated that once the land is totally purchased and deeded to the city of Lowell, it will be turned over to St. Vincent de Paul. She added that they canít begin the project until the road is in. She commented that without the road funds, the project is impossible.
3. CONSENT CALENDAR
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 08-5-7-1/In the Matter of Awarding Contract Amendment 1 to Emergence in the Amount of $265,559 for Alcohol and Drug Addiction Treatment to Offenders.
C. Management Services
1) ORDER 08-5-7-2/In the Matter of Authorizing the Transfer of Surplus County Owned Real Property to the City of Creswell (Un-Taxlotted Strip Between Tax Lots 2402 and 2901 on Map No. 19-03-13).
D. Public Safety
1) ORDER 08-5-7-3/In the Matter of Delegating Authority to the County Administrator to Execute Mutual Aid Agreement for Participating Counties to Provide Cooperation and Assistance in Responding to Emergencies and Public Health Incidents.
E. Public Works
1) ORDER 08-5-7-4/In the Matter of Entering into an Intergovernmental Agreement with Lowell Rural Fire Protection District Concerning the Place Road Stockpile Site.
2) ORDER 08-5-7-5/In the Matter of Authorizing the County Administrator to Sign an Agreement with USDA Forest Service in the Amount of $150,000 to Provide Public Works With Construction Funding for the Replacement of an Existing Culvert with a Fish Culvert at Elk Creek on Thompson Creek Road at Mile Post 4.8.
3) ORDER 08-5-7-6/In the Matter of Awarding a Contract to Babb Construction Co., DBA Delta Concrete in the Amount of $231,933.50 For Grading, Drainage, Sewers, Waterlines, and Paving, Heather Glen Affordable Housing Project, Prospective Contract No. 07/08-09.
4) ORDER 08-5-7-7/In the Matter of Entering into an Intergovernmental Agreement with the City of Lowell Regarding the Release of Restrictions from a Parcel of City-Owned Land and the Sale of a Portion of County-owned Surplus Road Fund Property in Connection with the Lowell/St. Vincent de Paul Affordable Housing Development.
5) ORDER 08-5-7-8/In the Matter of Ratifying a Grant Application of $60,000 Under the National Historic Bridge Preservation Program for Layng, Nelson Mountain, and Pengra Covered Bridges.
6) ORDER 08-5-7-9/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Material Needs During Fiscal Year 2008-2009, Propsective Contract No. 08/09-M&S-51.
F. County Counsel
1) ORDER 08-5-7-10/In the Matter of Amending Chapter 21 of Lane Manual to Revise Provisions Pertaining to County Administrator Authority to Execute Contracts for Capital Improvement Projects (LM 21.145(1)(k)).
Fleenor asked to pull 3 D1 for a discussion. Dwyer asked to pull 3 E4.
MOTION: to approve the balance of the Consent Calendar.
Fleenor MOVED, Sorenson SECONDED.
Fleenor wanted to see a definition of when the 72 hours commences. He recommended putting in a new section 4.4 where the 72 hours would commence upon dispatch of any equipment or support.
Liane Richardson, Assistant County Counsel, explained that Lane County is the last county to sign the agreement. She noted there were 20 other counties. She said the request to modify this would have to go back through the other 20 counties to make the change. She noted what Deschutes County has agreed to do is the next time they either add a signatory or amend it, to add this clarification. She stated that adding the request would slow the process.
MOTION: to approve ORDER 08-5-7-3.
Fleenor MOVED, Sorenson SECONDED.
Dwyer commented that this item was too important to put on the Consent Calendar without a discussion.
MOTION: to approve ORDER 08-5-7-7
Dwyer MOVED, Fleenor SECONDED.
4. EMERGENCY BUSINESS
5. COMMISSIONERS' REMONSTRANCE
6. COMMISSIONERS' BUSINESS
a. ORDER 08-5-7-11/In the Matter of Ratifying the FY 08-09 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC). (Commissioner Stewart and Susan Smith)
Stewart reported that this is something the Metropolitan Wastewater Management Commission does annually for budget approval. He indicated that they are recommending approval.
Susie Smith, city of Springfield, reported that they continue to have as their major focus the timely completion of an aggressive capital improvement program to update the treatment plant through 2025 and to ensure they continue to meet all of the environmental permit requirements. She stated that they are under a 2010 deadline to build the lionís share of what is estimated to be $200 million of upgrades. She reported the projects they have launched since the adoption of the 2004 facilities plan have been completed on time, under budget and meeting all of the performance specifications.
Fleenor noted that the Fairgrounds have been prohibited from a 12 month permit because the Fairgrounds runoff is contributing to the excess capacity of the treatment plant. He thought it was the failure of the sewer system distribution system and not the Fairgrounds. He asked if there was a way to get a clear understanding as to whether the Fairgrounds is the major contributing factor or if it is other factors.
Smith said that issue is a city of Eugene management issue and not related to MWMC. She indicated that she has no involvement and it is not related to how they planned and designed the treatment plant.
Fleenor wanted a work session on this.
Peter Ruffier, city of Eugene, explained that the collection systems for both Eugene and Springfield are operated by the two cities, not under MWMC and not included in the project before the Board. He reported that the sanitary collections systems are designed to transfer sanitary sewer waste. He noted the issue of the Fairgrounds is to accept additional stormwater from the site that is contaminated by uses at the site. He said that additional water puts stress on the system. He indicated there is capacity limitation during the wet weather season due to infiltration. He said to deliberately accept additional storm water will increase the risk of surcharging the system and backing up.
Sorenson asked if they could get an e-mail summarizing the Lane County Fairgrounds and the discharge of storm water. He asked if the Lane County Fairgrounds captures the runoff from the buildings if that would extend the period of time within which they could operate the Fairgrounds.
Ruffier responded that the current agreement does not include all of the stormwater on the site. He said the majority of the water on site drains to the stormwater system to the Amazon. He said the area has limitations and the system that was set up to allow manual direction of the storm water either to the storm water system in the Amazon Channel or to the sanitary sewer system and that only serves a small area.
Green didnít see the Fairgrounds issue with the budget. He added that it is a compliance issue with the city of Eugene, separate and a part of this. He was ready to take action.
Fleenor wanted them to report back on the issue of the Fairgrounds and to make recommendations to solve the problem so they could get to a 12 month full-time permit. He commented that moving forward would help the County. He thought with new management at the Fairgrounds that there could be consideration for upgrading or to do whatever is necessary to get the permit.
b. DISCUSSION/Interim Fairgrounds Management.
Stewart indicated that Warren Wong, Fair Board Manager, has stated that he will be retiring on June 30. Stewart said that Wong wanted to give direction to the County Administrator to put together a process and come back to the Board on how they should move forward. Stewart said according to state law, there is direction on how the management is supposed to take place and who appoints the manager of the Fair Board. He noted at the present they do not have a Fair Board and legally they canít operate as a Fair Board.
Wilson said they have not eliminated a Fair Board, but they do not have a sitting Fair Board. She said it is difficult to comply with statutory requirements about the activities the Fair Board can engage in. She said once they get a Fair Board they would be fine, but currently they have the issue of filing a job.
Dwyer thought Mike McKenzie Bahr could fill in as interim.
Fleenor asked if they had statutory authority to appoint an interim Fair Manager while they are waiting to get a Fair Board.
Wilson responded that she had no precedent to say yes or no.
Green asked Spartz to work in concert with Wong to develop a transition plan to have certainty for the Fairgrounds and to factor comments taken during the meeting in public comment. He asked Spartz to come to his own conclusion with possible scenarios.
Dwyer thought Wong should be involved in the transition and economic development. He added that for a permanent need, they need to look to every option.
Fleenor thought Val Majors was the best candidate to be involved.
7. COUNTY ADMINISTRATION
8. PUBLIC WORKS
a. WORK SESSION/In the Matter of Allowing a 6 Foot High Wooden Fence with Concrete Block Column Supports to Remain (7) Feet into the Right-of-Way of Prairie Road at 91544 Prairie Road Ė Assessorís Map & Tax Lot 16-04-28-00-01100 Ė Property Owners Ė Julian and Debbie Brailsford.
Ollie Snowden, Public Works, reported the Brailsfords came to public comment a few weeks ago and the Board directed the County Administrator come back and report on the situation. He stated that the Brailsfords have constructed a fence that is seven and a half feet inside the County road right-of-way and the posts on the fence are fixed masonry block posts that they consider a fixed object hazard which they donít allow in the right-of-way. He added that it is an unpermitted fence. He said had the Brailsfords applied for the permit, the County wouldnít have approved it. He recalled it came to road maintenance last fall. He added that staff has been working with the Brailsfords for the last several months. He said maintenance began a compliance action and sent a letter to the Brailsfords giving until April 30 to remove the fence and that is when they came to the Board. Snowden indicated that they suspended that action.
Dwyer stated they have a law that applies to everyone and if they make an exception here, where they would draw the line in the future.
Stewart shared the same concerns as Dwyer when public comment took place. He said in reviewing the photographs and where the property line is, the house is located close to the main road and they are trying to get as much of a yard as possible. He thought this would set a precedent and they would have to change the way they do things. He said he feels bad, but even moving it back to where it is legally supposed to be, it canít be more than three and a half feet high, it has to be half the height of what it is today. He was concerned about the visibility on the road.
Fleenor thought common sense should prevail versus a convoluted policy. He commented that the entire area is poorly laid out and it shouldnít be the fault of the Brailsfords. He didnít think it was a public safety matter based on the code.
Green didnít think the policy was convoluted. He said Lane Code lays out what is prohibitive. He indicated the County has a process where these people could have appealed to the Board. He didnít think there needed to be any fines given to them.
Snowden indicated that with issues like this, they try to get voluntary compliance and get the property owner to remove it. He added that if they donít and it is a safety issue, they remove it by the County and bill them back.
Sorenson asked about the history of this matter.
Snowden indicated they checked with Land Management and Road Maintenance to see if anyone recalled talking with the Brailfords. He said no one did. He added that questions like this are fairly routine.
Sorenson wanted to move forward with Option 2b, to have a facility permit for a specific period of time
MOTION: to move with Option 1.
Dwyer MOVED, Green SECONDED.
Dwyer said the people made an assumption that they could put a fence up. Dwyer said it is a hazard.
Fleenor considered this more of a common sense matter. He said they are having difficulty with citizens because they are not exercising common sense. He said yes there are rules, but in this instance he didnít see they had a problem
VOTE: 3-2 (Fleenor, Sorenson dissenting).
9. HUMAN RESOURCES
a. ORDER 08-5-7-12/In the Matter of Completing Assignment of All Physician-Based Classifications to the Non-Represented Classification and Compensation Plans, and Adopting the Amended Fringe Benefits Package for Physician-Based Classifications.
Jan Wilbur, Human Resources, said the Board is being asked to approve moving all of the rest of the doctor classifications to the Non-Rep plan and adjusting their grade.
MOTION: to approve ORDER 08-5-7-12.
Green MOVED, Fleenor SECONDED.
10. MANAGEMENT SERVICES
a. ORDER 08-5-7-13/In the Matter of Awarding a Contract for Lane County Adult Corrections Performance Contracting Program to McKinstry as the Energy Services Company (ESCO) During Phase 1.
MOTION: to approve ORDER 08-5-7-13.
Dwyer MOVED, Sorenson SECONDED.
Stewart explained that last night at the Budget Committee meeting there was concern from citizens and the commissioners that LCAS was no longer going to accept animals effective today. He said the Board wanted a discussion on the matter.
Dwyer recommended looking to their partners.
Fleenor indicated they havenít discussed the intake control they have relative to the resources that are in place. He stated they donít have to take everything and they could scale back to what they can reasonably accommodate. He thought they should go to their partners and ask for additional money.
Rob Rockstroh, Health and Human Services, said they could do an enforcement action system, but they are trying to save adoptable animals. He thought they could legitimately ask more money for the kennels. He said the continuing service budget is $571,000 to maintain the status quo. He commented that no matter what happens, they will continue to do enforcement but he didnít know about going back to how the shelter used to be.
Green asked what the consequences would be for delaying this.
Greta Utecht, Human Resources, stated that if they decide to delay the closure of LCAS, her recommendation is to keep the May 29 layoff date and offer additional employment for extra help employment for one more month or they extend the layoff date for all employees. She added if they extend the layoff date and closure date to June 30, they are saying for those 16 employees, they would be willing to continue paying retirement, health insurance and full benefits, whereas they are not willing to do it for the other 130 employees that might also be impacted. She asked the Board to think about the long term repercussions
Stewart commented that this is not an easy thing to do as it has ramifications across the whole organization. He said they voted unanimously to prepare one budget and to perform the layoffs as soon as practicable. He believed the Board is committed to find some way to make LCAS work, but it is going to take time. He wanted to move forward to make the commitment that they want to see LCAS survive in the future and they could work on ordinances that could generate revenue. He didnít want to stop the process.
Sorenson stated that it was important they have this in their budget for the upcoming year. He asked what they are going to do in preparation.
Rockstroh thought if they set dog license fees at $50 they would be one of the highest in the country. He said they will get diminishing returns. He was convinced that if they had a big campaign they could generate several hundred thousand dollars, but he said he is in the hole many hundreds of thousands of dollars. He said they havenít had the conversation of saving adoptable animals with the city of Eugene. He asked what the city could take up temporarily.
Spartz said the issue is whether they want to instruct County Administration to change the proposed animal intake as of today while they continue budget deliberations and negotiations with other partners.
Dwyer said he had no objection to the extra help concept because it deals with the immediate problem. He said there is a point in which the effort to raise money will punish those who will comply. He noted that would result in getting less money because more people would fall of the edge. He thought if they wanted more money they should lower the fees and more people would buy in. He commented that people resent being priced out of the market. He thought they could construct a contract that would take them through more than half of the next fiscal year.
Utecht said if they hire employees back after May 29, in a full time capacity as extra help, it buys them another four months.
Fleenor was in agreement with the May 29 layoff with extra help.
MOTION: to direct staff to bring back the results of efforts to obtain additional revenue from contracts, to bring back options for the Board, to temporarily increase dog license fees for the present and into the next fiscal year, to direct staff to work on a cost and materials for a major mailing this upcoming year for increasing dog licensing, to bring back a set of options on increasing revenue from compliance and to have staff bring back a revised legal opinion on whether they have the police power to require the reporting from all veterinarians for the benefit of Public Health.
Sorenson MOVED, Fleenor SECONDED.
Fleenor said the fees they are charging are at the top end. He thought they would be going backwards. He would be supportive of the motion if they would allow the fees where they are temporarily until they do a study.
Sorenson amended his motion. He said they should find general fund money to do this. He said he was looking for cooperation and community involvement. He commented that the community wants animal services. He thought it was good public policy to respond to a legitimate request.
Dwyer said they had to quantify the benefits and costs to the cities if they buy into adoptable animals.
Green wanted data to show the best management practices around animal regulation and saving adoptable animals.
Sorenson said their ordinance has only applied to people outside of city limits. He wanted to phrase it as revisiting this issue as part of the motion.
Wilson said the question the Board is asking is if the mandatory rabies reporting can be enforced by Lane County within the city limits. She thought to have the attorney working with Public Health issues to be the one assigned. She said she could also send this out of the office. She wanted to make the Board was comfortable with the information they have.
11. CORRESPONDENCE TO THE BOARD
12. COMMISSIONERS' ANNOUNCEMENTS
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)(b) for the purpose of considering discipline.
15. OTHER BUSINESS
There being no further business, Commission Stewart recessed the meeting at 11:55 a.m.