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July 29, 1998
REGULAR MEETING-BOARD OF COUNTY COMMISSIONERS
9:00 a.m. Harris Hall Main Floor

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

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Emily Heilbrun, P. O. Box 50127, Eugene, OR 97405, Coordinator for Lane County Domestic Violence Council, said she was present to speak in support of the Public Safety Levy. She said the council is a coalition of 40 voting members and other active participants, who are working to help develop and improve a coordinated community response to domestic violence in Lane County. She said the council includes social service agencies, representatives of the criminal justice system, schools, mental health providers and other representatives of Lane County. She added the levy specifically didn't target domestic violence services, but it is important for the community to respond to domestic violence. She said the levy will mean a greater chance of successful prosecution of domestic violence and other offenders. She urged the Board to put it on the ballot.

Lynn Burdett, 89066 Bridge Street, Leaburg, she said she is speaking as an individual, but is also a member on the Commission of Children and Families. She said it is a challenge to ask the voters to pay taxes, however the levy is representative of what needs to happen in the community, and asked the Board for its support.

3. COMMISSIONERS' ANNOUNCEMENTS

None.

4. FAIR BOARD

a. ORDER 98-7-29-1/In the Matter of Amending the Memorandum of Understanding Between the Fair Board and the Board of Commissioners.

Bob Mattson, President of the Fair Board, said he has been on the Board for six years and had observed Fair Board operations for many years as an exhibitor and patron. He said there had been a lot of controversy with fair management and difficulty with continuity on the Fair Board, resulting in the Board of Commissioners taking a much tighter control over what the Fair Board was doing. He added in the past six years the Fair Board has improved because of a cooperative arrangement with the Commissioners and attention to appointments and reappointments on the Fair Board. He said the Fair Board is now operating as a partnership by moving jointly to achieve the Board of Commissioners' goals with the Fair Board's goals. (Including emphasis on youth activities, visitor conventions, activities that stimulates economic development, maintain interest in agricultural exhibition, cultural and education events.) He said the Board's partnership is due in part to the faith the Commissioners have in what the Fair Board is doing, by extending the goals where the Fair Board participates as full partners with the County Commissioners. He said the Fair Board is pushing for a better operational structure to facilitate the partnership. He said it was time to think about reformulation of the operational agreement between the Fair Board and County Commissioners and agreements and understandings should be reviewed every year.

Jon Jacqua, Chair of the Finance Committee, said there is a better way of managing the entity and is asking the Board for that authority. He said specifically the Fair Board is asking for flexibility in the contract review process and setting their own personnel regulations and policies. He said discussions on control need to take place including assigning appropriate responsibility and maintaining accountability through measuring performance. He added the Board of Commissioners still has control with the budget and the capital plan and can renegotiate the Memorandum of Understanding on an annual basis. He said an independent audit is performed to let the Board know if something is wrong and it is controlled at the policy level. He said that the Fair Board is not likely to make a mistake because none of the Board Members have a history of putting their own operations at risk. He said under state statute, the Fair Board has policies on personnel, procurement, contracting and business functions that will direct their staff to be consistent with Lane County policies on affirmative action and comparable wages and benefits. He added that the Fair Board is bonded as a Board so they assume all risk. He said the business partnership should be through the Fair Board and Board of Commissioners, not between staffs. He said these changes allow for a solid business entity and requested the Board amend the Memorandum of Understanding.

Mike Gleason, Fair Board Manager (in response to Sorenson's question on the hiring of fair employees), said the Fair Board hires the bulk of its staff through Kelly Temporary Services. He said Kelly Services is the legal employer and the Fair Board decides whether an employee is kept or not. He said the Memorandum would alter the arrangement, with personnel coming under the Fair Board.

Cornacchia said he heard the term control used, and said the need for control breeds most effectively in an environment of insecurity and lack of confidence. He stated he has been through the changes in the Fair Board, with both management and membership. He recalled when that environment existed, there was concern and a lack of confidence in the Fair Board and its management. He said the environment has changed significantly due to the people on the Board willing to make change, take risk, delegate and the change in dynamics. He said the Fair Board should work in partnership with the County Commissioners, and with the dynamics and personnel change the problems of the past should not resurface. He added if those problems do resurface, it will be quick for the Board of Commissioners to take control back. He said if the Board is going to ask the Fair Board to act like businessmen, this is their opportunity to do so.

Dumdi agreed with Cornacchia and suggested the Memorandum of Understanding be reviewed on an annual basis, which provides a safety net. She added it keeps the County Commissioners informed and aware of what is taking place at the Fair Grounds, as well as semi-annual meetings to discuss the progress reports.

Green stated he was in support of the Memorandum. He added the Board has an agreement that gives them a safeguard and gives the Fair Board clear direction. He said the Fair Board has met challenges by giving priority to youth in the community. He added the Fair Board never asked for general fund support and has been able to manage their funds in a professional manner.

Weeldreyer concurred with what had been said and added that private partnership is another example of how the Fair Board and Commissioners can look to Lane County. She said it would be a good cooperative working agreement that would build up a level of trust to allow flexibility to provide a fair that is enjoyable and not a drain on the taxpayer. She said she is comfortable with moving forward on this issue.

Sorenson said nothing in the proposal changes the County Charter, but it does free the Fair Board from current policy between the Fair Board and county government. He added it doesn't change anything with regard to liability. He said there is increased flexibility that builds a positive relationship between both boards. He said the goals of visitor economy and protection of youth are both enhanced by having a strong Fair and he is comfortable with what has been proposed. He added the people serving on the advisory committee do so as volunteers and he appreciated their contributions to the Fair Board and the professionalism they bring.

MOTION: to approve ORDER 98-7-29-1.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

Gleason stated the Fair Board's working relationship with the County staff has been excellent. He said that everything possible has been done to help the Fair Board organize with support from Public Works and County Counsel. He added he has no concern about the professionalism or commitment. He said the dilemmas he is faced with are the same as the Board of Commissioners. He said contract issues are complex that go back to regulations 25 to 30 years old. He said in no way is the Fair Board implying they have received anything other than absolutely exemplary service from the staff.

5. COMMISSIONERS' BUSINESS

a. ORDER 98-7-29-2/In the Matter of an Election Authorizing a Four Year Community Safety and Justice System Operations Levy and Adopting a Ballot Title.

Cornacchia stated this was the last part of the tasks necessary to address the capacity issues that face the community. He said there is a tremendous amount of difficulties and challenges facing youth. He said that all 31 people on the Public Safety Coordinating Council (PSCC) voted in favor of the levy package. He added the Eugene and Springfield City Councils both voted unanimously for the package. He said the levy addresses the most important needs in the community, problems across the board from prevention to sanction. He said this levy is brought to the Commissioners with a message that this is "not your levy, this is not our levy, this is not Lane County's levy and this is not the Board of Commissioners' levy." He added that the job of the Commissioners is to take what has been presented and say "we are the vessel to make this happen". He said this is a levy with the collective effort, thought and attention to kids and bad guys, that gives the public an opportunity to make a choice on services. He said what the plan does is to bring City Councilors, County Commissioners, Judges, Police Chiefs, Sheriffs, District Attorneys and School Administrators to the same table to say "you are not in this alone". He said everyone needs to work together to create a system, and with the effort, the levy will happen.

Green stated one thing needed to be highlighted and an earlier speaker said it best, she was with an organization that didn't have a component that directly benefited their organization, however, she and the organization saw what was trying to be accomplished to benefit a system. He said nothing is independent that everyone is involved with it together.

Jim Torrey, Mayor of Eugene, commented on the Fair Board and their remarkable way of dealing with a large number of kids. He said the public expects the Fair to continue to provide help for youth. He thanked the Board of Commissioners for making the recommendation and for selecting a manager with the same type of concern. He said he has watched the levy for two years and as the time progressed and more discussions took place, he saw a transformation he didn't think he would see in the community for a long time. He said it was a group of people recognizing that they had to work together to make it happen. He added the City of Eugene does not have unanimous votes very often and the vote of the City of Eugene on this issue was unanimous. He said he thinks that voters will vote "yes", but it will take a lot of work on the part of people to understand the levy. He said the Board now has a vehicle that no other county has and is convinced the levy is in the best interest of all citizens.

Jan Clements, Sheriff, shared thoughts that had already been expressed. He said he has the primary responsibility to Lane County citizens to ensure the correctional system is properly sized and adequate to handle the level of crime and law enforcement activity in the various jurisdictions. He said there is a crime level of activity that warrants immediate attention. He said he recognizes the County is not serving its citizens if the County doesn't move forward and start to intervene early. He said he is supportive on what has been put in the levy as it relates to his operations. He said the levy did not address all the capacity issues that Lane County is facing but believes that it is a good significant step and will continue to profile and maintain the state of affairs with the Sheriff's office and services to all of Lane County. He said the important thing is Lane County is taking a good step and adding in the focus that needs to be there on the front end, that ultimately will impact crime. He says that he endorses the levy.

Steve Carmichael, Youth Services, said this levy is an exciting one and will make a difference. He said it will lower both juvenile and adult crime. He said the citizens will find outcome and productivity from this levy. He said that it will make a big difference.

Myra Wall, Public Safety Coordinator Council, explained the component parts of the levy with a Power Point presentation. She said that the levy is an outcome of a two year effort and planning process. She added it is a tool to do what is needed in the criminal justice system. She said what Lane County did that no other county had done was to expand the task of the Public Safety Coordinating Council to address other issues. (Including policies that ensure partnerships between agencies, to promote conditions and behaviors that result in a safe community, prevent criminal behavior and promote peace in the community.) She said the intent is to coordinate efforts as much as possible in looking at outcomes and make a better connection with the community.

In response to Sorenson's question about the matrix impact, Clements responded that there will be a lower matrix. He said that a subcommittee of the PSCC, a Jail Population Committee, reviewed the issue and the problem is that matrix releasing has been taking place. He said if the Forest Work Camp could be refunded, there are 120 beds added to the system. He said it would increase the minimum security beds. He added it is not a bed for bed day exchange because medium security beds are also needed. He said the medium security beds are the biggest offenders. He said the intake center will enable the Sheriff's Department to hold people for 24 to 72 hours to bridge to arraignment. He said the release option through the custody referee's operation has a much higher success rate (when a release is supervised) of getting them to appear in court, vs. unsupervised release which is the "matrix" release. He added it is also an opportunity to assess these people on the level of alcohol and drug dependence. He said there is added capacity that is real, but in terms of being adequate in the final analysis, it will not get the matrix to zero, but it will substantially affect it.

Cornacchia said because the matrix number changes, it shouldn't be a number to ever peg any outcome to. He said the failure to appear rate and supervision of keeping the offenders accountable is what should be done. He said the conversation should be moved away from the matrix and more into supervision. He added the matrix is a good focus on the lack of capacity as a sanction to deal with.

Clements said he agreed with Cornacchia and stated it was not a sheriff's outcome but a systems outcome in terms of holding people accountable. He said a much more foundational level needs to be reached as opposed to providing space and security. He said the County will be better served by a more function system.

Cornacchia stated the tasks that needed to be performed are authorize or create an election, adopt a ballot title, direct this measure to be placed in the State Voters Pamphlet and appoint a committee to draft an explanatory statement. He added because of two funding measures, one is a levy and one is a bond.
MOTION: to approve ORDER 98-7-29-2.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

Dumdi said this will need broad dissemination. She said she attended a meeting in Florence for a Florence Futures, which is a representative group of people throughout the community both elected and community members. She said there were a lot of good questions and concerns raised around the size of the levy and the number of items that will be placed on the ballot. She said in speaking with people on the committee, they know the levy is good, but it is more nebulous than a school bond and they may not vote to pass it. She said this comment should be taken into consideration. She said representatives have to do everything that can be done to get out to the outlying community meetings.

Green stated he was in favor of the levy. He said he has been part of the committee and had become frustrated throughout the whole process. He said the PSCC is at a place where they have a product, although it only represents the committee's best efforts, given all the options in front of them. He said he agreed with Cornacchia that this is not a Lane County levy. He added there is a real diverse group on the committee. He said that PSCC's work is not done, it is only one step. He said to ensure accountability he is asking the Board to adopt the levy, but also that Myra suggest to PSCC that the County's budget analyst factor into the fiscal accountability piece. He said he wants the County's members involved in the accountability. He said this is a broad continuum public safety levy that deals with prevention. He said as elected public officials, they need to put their best effort in front of the public and defend the levy. He said he is willing to spend these dollars if it can save one child.
Weeldreyer stated she was supporting this levy because she sees the cultural and political landscape the elected officials are facing, with reduced levels of funding for services that the public expects. She said the creation of this coordinating council has been Lane County's best effort to bring all the dwindling pots of resources to a community table. She said the levy to her represents the first step in restoring a level of livability to Lane County, that many long-time residents remember and would like to see reoccur. She said the committee should continue to work with the constituencies to be able to have the discussions around how the public safety system is being created for the people of Lane County. She said for those reasons she is joining the rest of her colleagues and supporting this levy and placing it before the voters.

Sorenson stated in the past he has not supported short-term levies. He said this levy is a product of an intensive multi-year effort by a broad-based group of people that have come together with specific knowledge about component parts of the public safety system. He said the levy deals with a variety of public safety concerns and intervention and capacity components. He said in the past he has been vocal about opposing these measures but said that on balance this is an important decision for the community to support.

b. ORDER 98-7-29-3/In the Matter of Directing that the Four Year Community Safety and Justice System Operations Levy Measure be Placed in the State Voters' Pamphlet and Appointing a Committee to Draft an Explanatory Statement.

Cornacchia stated the requirements for the committee is one that is balanced with representatives of the community that would have some pros, cons and in-between. He said it has been recommended and suggested that Ken Tollenaar serve as a member, he is on the PSCC and is a proponent. He said that Gretchen Hult-Pierce would be involved as a neutral. He added that he is not aware of any opponents, but he received a call from Curtis Greer of Springfield to serve as a constructive critic and opponent and could serve in that capacity at this point. He said that it does not preclude someone else being appointed or added to committee. He added that the committee must be appointed today.

Cornacchia reported that August 3 is the time set to develop neutral information materials, the Voters Pamphlet Explanatory Statement deadline is August 17 and the Pamphlet Argument deadline is August 24.

MOTION: to approve ORDER 98-7-29-3 and appoint Ken Tollenaar, Gretchen Hult-Pierce and Curtis Greer as a Committee to Draft an Explanatory Statement.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

c. ORDER 98-7-29-4/In the Matter of Directing that the Lane County Public Safety General Obligation Bond Measure be Placed in the State Voters' Pamphlet and Appointing a Committee to Draft an Explanatory Statement.

MOTION: to approve ORDER 98-7-29-4 and appoint Ken Tollenaar, Gretchen Hult-Pierce and Curtis Greer as a Committee to Draft an Explanatory Statement.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

Cornacchia extended thanks to Myra Wall and all of the staff of PSCC and LCOG that have been a part of this levy. He also thanked Mike Moskovitz, Sheriff Clements and all of the elected officials and department heads of Lane County that have been so instrumental in getting this levy prepared. He added that this levy was a good step forward.

6. EXECUTIVE SESSION as per ORS 192.660

None.

Cornacchia recessed the meeting to return at 11:45 a.m.

7. COUNTY ADMINISTRATION

a. Announcements

None.

8. CONSENT CALENDAR

A. Approval of Minutes:

February 11, 1998, Regular Meeting, 1:30 p.m.
July 7, 1998, Work Session, 9:00 a.m.
July 8, 1998, Regular Meeting, 9:00 a.m.
July 8, 1998, Regular Meeting, 1:30 p.m.

B. Children and Family Services

1) ORDER 98-7-29-5/In the Matter of Accepting a Community Safety Net Grant Award for $10,000, Appropriating $10,000 in Children and Families (12) and Delegating Authority to the County Administrator to Accept the funds and Execute Grant Documents and Intergovernmental Agreements.

C. Health and Human Services

1) ORDER 98-7-29-6/In the Matter of Delegating Authority to the County Administrator to Sign Contracts with Department of Youth Services, Eugene School District 4J and Springfield School District for New Opportunities.

2) ORDER 98-7-29-7/In the Matter of Appointing Designees of the Mental Health Director to Direct a Peace Officer to Take a Mentally Ill Individual Into Custody.

3) ORDER 98-7-29-8/In the Matter of Approving the Submission of a Supportive Housing Program Grant to the U.S. Department of Housing and Urban Development (HUD) in the Amount of $1,878,394; Accept the "Open Doors" Renewal Grant From HUD in the Amount of $367,571; and Delegate Authority to Sign a Three-Year Contract with HUD.

D. JTPA

1) ORDER 98-7-29-9/In the Matter of Appropriating an Additional $63,840 to the Southern Willamette Private Industry Council, Department of JTPA (07) in Fund 49.

E. Management Services

1) ORDER 98-7-29-10/In the Matter of Award of RFP LCP 97/98-20 for Requirements Purchase of Professional Services for Integrated Design Services.

2) ORDER 98-7-29-11/In the Matter of Award of RFP LCP 97/98-21 for Requirements Purchase of Professional Services for Engineering Services.

3) ORDER 98-7-29-12/In the Matter of Re-Adopting Lane Manual 4.020 Relating to Investment Policies.

4) ORDER 98-7-29-13/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Terrye Minton Eames (Adjacent to 1072 Fir Acres Drive, Eugene, Map #17-03-19-24-00201).

F. Public Works

1) ORDER 98-7-29-14/In the Matter of Vacating a Portion of County Road Number 81 (Kerr Road), in Section 7, Township 22 South, Range 1 East, of the Willamette Meridian, Without a Public Hearing, and Adopting Findings of Fact (22-15-07).

2) ORDER 98-7-29-15/In the Matter of Dedicating and Accepting a Parcel of County Owned Land For Public Road Purposes (Zane Lane) 17-04-12.

3) ORDER 98-7-29-16/In the Matter of Dedicating and Accepting a Parcel of County Owned Land to be Used as Public Road Easements for County Road No. 200 River Road; and County Road 1082 Elkay Drive (17-04-24).

G. Regional Information System

1) ORDER 98-7-29-17/In the Matter of Amending Board Order No. 98-6-10-14 for Mainframe Equipment, Software, and Services to Delegate Authority to County Administrator to Execute Contracts with IBM and IBM Credit Corporation.

MOTION: to approve the Consent Calendar.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

9. COUNTY COUNSEL

a. ORDER 98-7-29-18/In the Matter of Amending Chapter 4 of Lane Manual Regarding Real Property Assets Purchased with State Gas Tax Revenues Prior to 1980 and Directing Transfer of Funds From Reserves to the Road Fund.

Teresa Wilson, County Counsel, reported Bob Cannon represented the County in the litigation matter. She said he provided to County Counsel's office a result of his research on the case, the underlying opinion about the appropriate use for gas tax money. She said the difficulty in trying to figure out the assets purchased with gas tax money is due to the 1980 constitutional amendment which changed the appropriate uses. She said assets that were purchased prior to that date could be used for police, parks or roads. She said assets after 1980 could only be used for roads. She said use of the assets itself is fine, but what can not be done is to use new gas tax money after 1980 for parks or police use. She said if new money is going to be used, it needs to be used for road purposes.

Cornacchia requested that the policy not be made so complex, as to make it worse. He said there is a current scenario in which a decision needs to be made. He asked if the Board agreed with the policy and is it one to give to staff to effect for the future. He also asked whether to pay for the balance of the improvements, from a non-road fund asset prior to 1980 for Building H.

MOTION: to approve ORDER 98-7-29-18.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

10. HEALTH AND HUMAN SERVICES

a. REPORT BACK/Managed Care Update.

Al Levine, Mental Health Services Manager, reported that Lane County is the mental health contracting organization under the Oregon Health Plan. He added that a community design has been implemented to keep mental health service dollars in the community and to emphasize quality public services with community accountability. He said there are approximately 31,000 Oregon Health Plan enrollees in Lane County and the County is responsible for meeting their mental health needs. He said that no one has been denied health care or had their care interrupted. He said the partnership is between Lane County and PeaceHealth, who is subcontracted to provide technical services, information services and care authorization expertise. He added there are partnerships with 15 different providers that are on various committees including consumers and family members that are involved in operational decisions on a day to day basis. He said that the County has a quality committee that has a lot of power and their goal of quality is the guide point for how decisions are made. He said there is a Quality Committee with 40 representatives of consumers, family members and allied agencies which are divided into three subcommittees (one that looks at risk management issues, a member satisfaction committee and the delivery systems subcommittee). He said the goal is for dollars to roll over from one year to the next, making sure they don't get taken out of the community, but get reinvested in the areas identified as high need areas. He said by June, 1998, services were given to 4,500 individuals, which is more than anticipated. He said more individuals were served with less dollars. He said ongoing consumer involvement has taken place in designing and assessing outcomes of services. He added the services that are provided are having good accountability. He added consumer satisfaction is high, and the State is pleased with the Quality Committee. He said Lane County receives visits from other counties to see how it performs and others want to replicate our model.

Bruce Abel, Lane Care Manager, reported that the managed care system is able to project into the future and predicts that it will remain fiscally sound. He said the design and analysis really paid off and things are in great shape. He added that 5%(1200 individuals) more of eligibles were treated than projected. He said there are sufficient funds to provide increased financial security for the next year. He said Lane County is looking at becoming more self-sufficient as a Lane County managed care entity, including increased responsibilities for care coordination decisions, data entry and warehouse data information management. He added the second goal this year is to strengthen the service system and maintain the high quality of services that were maintained the first year.

Rob Rockstroh, Health and Human Services, reported the County is a managed care organization and it is trying to be more user friendly. He said the County is looking into how to integrate mental health with alcohol and drug issues. He added that with the experience with Lane Care in managing services, all services will be managed the same, including all State general funds.

b. ORDER 98-7-29-19/In the Matter of Establishing Three Half-Time, Temporary Mental Health Associate Positions in the Department of Health & Human Services.

Rockstroh reported that it is just a technical adjustment. He said people are needed longer than extra help will allow and permanent positions are not being made to staff the residential facilities.

MOTION: to approve ORDER 98-7-29-19.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

11. EMERGENCY BUSINESS

None.

Cornacchia recessed the meeting until 1:30 p.m.

Melissa Zimmer
Recording Secretary

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