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December 16, 1998
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Following HACSA - Harris Hall Main Floor

Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

There will be emergency business items later in the meeting and the Ayres Road matter will be discussed under Commissioners' Announcements. ORDER 98-12-9-16, which deals with Heceta Water District, is pulled and there will be a special meeting on December 28 for that matter.

2. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 98-12-16-1 Adopting the FY 1998-99 Supplemental Budget #3, Making and Transferring Appropriations.

Rick Schulz, Budget Analyst, reported that the supplemental budget is to be used for unanticipated revenues and expenses that could not have been foreseen at the time of budget preparation for the current year. He said the supplemental budget was advertised as required by local budget law in the Register Guard on December 2. He added they have not received notice from 10 interested taxpayers so the Board can take action after the Public Hearing.

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

VOTE: to approve ORDER 98-12-16-1.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

3. PUBLIC COMMENTS

Joseph Bando, 658 S. 57th St., Springfield, stated he owns Emerald Isle Park (approximately 200 residents live within the park) and they are in favor of the Jasper Road extension. He said that he and the residents are concerned with noise. He stated they would like to have a speed limit of 35 to 40 miles per hour at the maximum.

4. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer expressed sadness that Steve Cornacchia and Ellie Dumdi are leaving the Board.

Dumdi stated she enjoyed her 12 years at the County and thanked staff for their work and cooperation.

Cornacchia stated something needs to be done about the assessments in the urban growth boundary that makes things more equitable and to start addressing the issue that development is not paying for the costs associated with this situation. He presented to the Board a variety of options: 1) Do nothing, the order that would approve the project and set the assessments would stay in tact. 2) Rescind the order that would most likely delay the construction of the project. 3) Rescind the order and using the two concepts in the fourth and fifth recitals. He suggested an exception to the generally accepted rule that individuals alongside the road are paying a large amount for the benefit they receive as compared to everyone else that is moving in around them. He said the first order would rescind the resolution by putting it in limbo and force the issue. He added that the properties cannot be assessed and there needs to be a better way to do this. He said the second order also has a subsequent order that says that the County shall participate in said improvement project through an intergovernmental agreement. He said in the Ayres Road project, 42% of the cost is assessed to adjacent property owners. He said the County is only dealing with about $195,000 when it comes to the assessments of County properties that are outside the city limits. He said if the Board were to say they will participate with the project and to prevent its delay then there is a choice of spending $195,000 or $500,000, depending on where it is headed. He said there should be no assessments under the current scenarios to deal with the contemporary problem (a road that is necessary, needed, designed and ready to go to). He said there is $1 million left in the Economic Development Assistance Program Loan Fund and there is resource to do this. He is requesting to offer $500,000.

Assistant County Counsel Vorhes said the alternative proposal to provide funding takes care of the major concerns. He said this comes down to a policy discussion and decision by the Board on how it wants to spend the Road Fund money. He added legally it can be done as long as there is a determination that the road has benefit to the general public and the project should be funded by County Road Fund money.

Cornacchia added the reason the order is in this form and not addressing other projects is it has been approved and is moving forward. He added a companion exercise would be a letter coming from the Board to the City of Eugene that explains the action that is taken. He said the letter should state the County will not approve any more Local Improvement District (LID's) until this issue is engaged and people have had the opportunity to look at resolutions.

Weeldreyer stated she was uncomfortable with the residents paying the high assessments, knowing that many people would be benefiting from the road and she would support rescinding the resolution that was passed earlier and to engage the City of Eugene and Springfield in an intergovernmental subcommittee on road assessments. She added she would be willing to approve the order with some contribution out of the Road Fund and use it as the County's tool saying there is a lack of fairness in the current situation and to work towards a more equitable resolution.

Green favored rescinding the order that establishes the local improvement district because they are not asking for the money. He said he is uncomfortable sending the money for the assessments, he would rather send a message, no more LID's.

Weeldreyer said that the road is in very poor condition and something needs to be done. She added the design is in its last stages of being completed. She said the project is ready to go to bid and because there has been a three year process to make this happen, she wants to see it go forward.

Godson reported there hadn't been any recent consideration by the Roads Advisory Committee but there was discussion by the committee about setting up systems development charges in the rural areas. He added that they did not support any charges based on frontage.

Vorhes noted it would be a typical intergovernmental agreement between the City and the County where the County gives the City money for a road project.

Sorenson stated changing the Board policy on the road assessment would be a good idea. He added he is troubled the Board is not getting any recommendation from either Public Works or Roads Advisory on this issue because it is coming up so quickly. He said he didn't favor making the change and sees equal protection problems.

Cornacchia stated his recommendation would be to approve the smaller order that does not include the Road Funds.

Green said this order would put the issue back at square one. He favored using this as a test model and have a discussion about how this should be approached.

Dumdi said the short order takes care of the issue.

Sorenson said that when they are acting as a Board and there is no agenda item written on their agenda, and they don't take the advice of the Roads Advisory Committee or the Public Works Department it sounded like it hadn't been thought out well.

MOTION: to approve Order 98-12-16-15.

Cornacchia MOVED, Green SECONDED.

VOTE: 4-1 (Sorenson dissenting).

Dumdi requested that this be put on the Roads Advisory agenda after the first of the year.

5. EXECUTIVE SESSION as per ORS 192.660

None.

6. COMMITTEE REPORTS

a. ORDER 98-12-9-1 Approving an Employment Contract with the County Administrator.

b. ORDER 98-12-9-2 Approving an Employment Contract with County Counsel.

c. ORDER 98-12-9-3 Amending Chapter 3 of the Lane Manual to Revise Provisions Regarding the Position of County Counsel.

Van Vactor stated with regard to ORDERS 98-12-9-1, 98-12-9-2 and 98-12-9-3, it would be his request that the Board forward this for action in January 1999.

Green stated he would be voting against this because he was given an assignment as a co-chair of the Finance and Audit Committee. He added questions didn't come up until after the work was done on this. He said the reason why it is being moved is because of an incoming commissioner.

Dumdi stated she would withhold her support for this as well. She said the process was started two months ago, and evaluations were given in October. She said this is something that should be finalized within the present Board.

Cornacchia stated he would support the request out of respect for Van Vactor and Wilson and their wishes and desires. He agreed with his colleagues that there was a direction from the Board and no one objected. Cornacchia said the orders will be pulled to be put on a future agenda.

7. PUBLIC SAFETY

a. ORDER 98-12-16-2 Amending the Salary Ranges of the Lieutenant and Captain Classifications in the Sheriff's Office.

John Clague, Captain, Sheriff's Department, addressed compaction for management of the Sheriff's Office. He said resources have been an issue that has prevented an effort to address compaction and salaries in terms of internal equity and market comparative salaries. He reported the supplemental budget will address the resource part of the solution. He said they have renegotiated their contract with the Marshal's Service for bed space and that will be the resource to pay for the compaction. He said their ability to attract and promote from within the Sheriff's Office for the management positions is driven more by the market than by internal equity.

Bill Van Vactor, County Administrator, stated that County Administration has concerns about this item. He said he receives a lot of requests for increases in the classification schedules and salaries. He added the implied policy from the direction of the Commissioners is they ask the administrative departments to go out and recruit first and then when they have identified problems, to bring forward the problem and salary change to the Commissioners.

Clague reported the Sheriff has engaged in an analysis of the Support Services Division of the organization and how it fits within the context of the other two operational divisions. He said the office of the Sheriff will have administrative support functions under the supervision of a captain, without a salary increase and the operational components currently in support services will move into the operational division. He said at this point there would not be a reduction of captain or lieutenant positions and they are evaluating other supervisory or mid-level management positions to determine what their need is in the organization. He added the money discussed is $72,000 annually.

Van Vactor suggested taking the issue to the Management Team. He said the concern that the proponent for the reclassification study has been the Sheriff's Office. He added it is a large significant undertaking and he has reservations about it. He said by taking the action today, they are foreclosing a $72,000 option for the Budget Committee when they review the Public Safety budget because it will already be allocated to personnel costs.

Green questioned what other options could be used with the money.

Jan Clements, Sheriff, reported that not all of the revenue is being used to solve the compaction problem. He said the amount that is being used is not enough to purchase a full time employee to perform some of the things they need. He added the biggest problem they have in the organization is they do not have the basic infrastructure to support the line people they are adding. He said the organization needs forward thinking in a strategic and fiscal sense and until people are ready to step into those positions and assume the leadership roles, they will not be able to materially assist the service delivery system of public safety in Lane County.

Dumdi said she thought this discussion would be better heard at the Budget Committee.

Van Vactor said because of the significant problems the County has financially, he is not in a position to recommend this. He said the recommendation for the solution would be to get a Human Resource Manager, and have the Management Team work the reclassification issue and bring that to the Board.

Green stated he wished there were more options presented in terms of the use of the money. He said he is concerned about the compensation study as the County doesn't have the necessary resources to actually do the analysis. He added he was not comfortable waiting for a Human Resources Manager. He said there needs to be a discussion around more viable options.

Weeldreyer said she is uncomfortable in going ahead with this when there are other departments that also are facing the same issue. She agreed to wait until the new commissioners could hear this, obtain a human resources director, and then address the issue for the whole organization.

Cornacchia suggested that the department continue to work on the issue as there is not support to pass the order.

Green received clarification from the Sheriff and asked for other possible uses of the dollars. He also wanted to know if it was taken out prior to the budget process, if the Board would be looking at coming into the next season from the Sheriff's Office in terms of $72,000 less.

Clements responded that the annualized cost of moving the ranges as proposed, would be about $40,000. He added the other amount of money is being used to deal with the displacement of contract guaranteed parking for corrections employees and not all of the money would go back into the budget next year. He said they have a ten year contract with the U.S. Marshal's Office.

Wilson replied not putting a date in the contract means that it would become effective today.

Cornacchia stated the motion will be as the order reads, which would make the effective date December 16, 1998.

MOTION: to approve ORDER 98-12-16-2.

Green MOVED, Dumdi SECONDED.

Van Vactor said he has reservations about approving this now because of the financial hit the County has taken with PERS and the uncertainty of the County's future financial condition.

VOTE: 4-1 (Sorenson dissenting).

There was a break in the meeting for the State of the County Address.

b. ORDER 98-12-16-3 Accepting a Substance Abuse and Mental Health Services Administration Continuation Grant for $476,490 and Delegating Authority to the County Administrator to Execute Grant Documents, Agreements, and Contracts.

Paul Sachet, Sheriff's Department, reported this is a continuation of a previously approved three year grant for the study of dually diagnosed offenders that are in the system. He added it is to enhance and evaluate the effectiveness of postbooking police diversion and criminal justice intervention models for individuals with co-occurring serious and persistent mental illness, alcohol or other drug disorders. He said the requirements are each year of the three year period, there is to be a submittal for approval for continuation and they are requesting a continuation from the Board. He added the Substance Abuse and Mental Health Services Administration have approved this continuation for a second year. He noted in the Board order there are five subcontracting parties to the service and the amounts are for a two year subcontract. He added the request before the Board is for one year at a time for a total of three years.

MOTION: to approve ORDER 98-12-16-3.

Green MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

c. DISCUSSION Intergovernmental Agreements with the Cities of Creswell and Veneta.
Jan Clements, Sheriff, reported that this is a requirement of the agreement to provide 180 days notice if they intend to terminate the contract with the Cities of Creswell and Veneta and/or substantially modify them that it would constitute an entirely new contract. He added it is a notification that the Sheriff's Department anticipates substantial changes. He noted there is no definition about that the changes that will occur except that they are moving toward full costing of the contracts.

Van Vactor stated he concurred with Clements about notice to be sent at this time. He added it is just a notice that needed to be given with a discussion to take place in Spring.

Commissioner Cornacchia recessed the meeting to 1:45 p.m.

Melissa Zimmer
Recording Secretary

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