October 30, 1996
BOARD OF COMMISSIONERS REGULAR MEETING
Harris Hall Main Floor - following HACSA

Chair Bobby Green, Sr. presided with Steve Cornacchia, Ellie Dumdi, Jerry Rust and Cindy Weeldreyer present. Sharon Giles, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

David Oaks, 134 Cross Place, co-coordinator of Support Coalition Northwest, 454 Willamette, stated that he is here about the community’s "right to know." He remarked on two autopsy reports on individuals being treated by Lane County Mental Health that he distributed to the Board, noting that they are the fourth and fifth deaths that are being reported publicly. Oaks indicated that John Haggmark had physical problems and was on ten different drugs at the same time, and that Rickie Herron’s death was suspicious and there was never a Lane County report. He stated that they did acquire the Sacred Heart autopsy report and there is evidence that points directly to neuroleptic malignant syndrome. Oaks commented that it appears psychiatric drugs were directly related to this death. He asserted that Herron was forcibly drugged by Lane County Mental Health and that the County never did an investigation. Oaks emphasized that there should be an independent investigation, a better method of public reporting about these deaths, and a public dialogue to break the silence about these deaths. Rust asked if there is a state agency that is independent that routinely would conduct such an investigation. Oaks reported that the Governor appoints a Board at the Oregon Advocacy Center, a federally funded agency. He noted that the autopsy reports have already been sent to OAC and that it would be beneficial for the Board to encourage the Center to follow up with this.

Eric Markinson, 2451 West 28th Avenue, indicated that he is a new member of the Human Rights and Affirmative Action Advisory Committee. He reported that Oaks came to the Commission and the Commission was impressed with the information he collected. Markinson stated that he is speaking for the Commission in encouraging the Board to support these investigations.

Floyd Prozanski, State Representative, House District 40, stated that he is here to support opposition of Ballot Measure 40. He indicated that the Commissioners should be concerned regarding three issues: 1) pretrial detention and the dramatic effect regarding requirements for persons arrested for crimes with minimum mandatory sentences being held until they go to court; 2) no law shall permit a sentence imposed by a judge in open court to be set aside or otherwise carried out except through an act of the Governor, etc. He indicated that this may limit or restrict alternative sentences; and 3) this has the potential of being an unfunded state mandate. Prozanski stressed that this measure could actually place more violent offenders back on the streets. He urged the Commissioners to go on record in opposition to BM40.

Michael Gorman, 108 Cross Place, read his statement, "Community Right to Know," into the record. He spoke about the rights of persons receiving mental health treatment. Gorman stated that he does not represent Support Coalition.

Richard Nordeen, 3667 Main, #24, Springfield, indicated that he was working at West 11th when Ricky Herron was a resident there. He provided details of Herron’s last day, stating that Herron requested that he contact his case manager and medication provider and ask if Herron could be seen that day. Nordeen indicated that the case manager and the medication provider decided he could wait until the next day for his regular appointment. He stressed that when help was asked for, it was not forthcoming in a timely manner.

Moshe Immerman, 3555 Onyx Place, distributed an article a document entitled "Protecting Our Blood Supply" in light of emerging information regarding the Gulf War Syndrome(s). He stated that the American blood supply is in serious danger and he requested the Board to direct Lane County Health to examine and verify this issue. Immerman reported that 75% of those who live with Gulf War Syndrome veterans have come down with Gulf War Syndrome which indicates that it is contagious. He stated that he was a quality control engineer for chemical and biological welfare shelters for a defense contractor. Immerman commented that Microplasmoincognita was developed by our government and that the problem is that current blood testing does not screen for microplasmoincognita. He reported that 6,500 Gulf War veterans have died from Gulf War Syndrome since their release from military service. Responding to Cornacchia, Immerman indicated that to his knowledge there have been no tests developed, but there may be some research being done. He continued that people are dying of an "exploded" heart and that it is at a microbial level.

Kathy Ging, 2878 Harris, read her statement, expressing her concern about drinking water, noting that the dump and its leachate are next to the Coast Fork of the Willamette which is a portion of Corvallis’s drinking water supply. She pointed out that a leachate consultant has cautioned about using single membrane pipe. Ging indicated that there are no plans for double pipe at this time on this project.

Rob Rockstroh, Health and Human Services Director, responded to comments by David Oakes, noting that in Rickie Herron’s case it is difficult to determine the cause of death. He remarked on the issue of sensitivity when a public client is involved. Rockstroh stressed that Lane County does not do electroshock although Sacred Heart does occasionally. He agreed that any forced/compulsive treatment needs to be done with disclosure to the client regarding potential side effects.

Rust suggested asking the Oregon Advocacy Center to take a look at the procedures in place regarding forced use of neuroleptic drugs and public reporting procedures, and to look back at previous deaths. Responding to Rust, Rockstroh offered support for a public forum on multiple medications and their results. Rockstroh acknowledged the Mental Health Advisory Committee and suggested they be involved in this process. There was Board consensus for Rockstroh to follow up. With regard to Gulf War Syndrome, Rockstroh was asked to take Immerman’s documents, ask for analysis and report back in 30 days.

Rob Castleberry, 86701 Franklin Blvd, applauded the Board’s decision to delay proceeding with leachate piping at this time. He indicated that he is president of Friends of Buford Park and Mt Pisgah and noted that the current pipeline is scheduled to go through a sensitive wetland area. Castleberry remarked that he saw Ken Kohl’s report and there was no mention of action to reduce leachate. He urged the Board to pursue whether further action couldn’t be done to reduce leachate at Short Mountain.

3. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer remarked that there are three significant road maintenance/planning issues for which the Board has not given sufficiently clear policy direction (see memorandum on file). She requested a work session to talk about ongoing betterment of low-volume, local roads as part of the ongoing maintenance for roads in the County system. Weeldreyer observed that as the Road Fund continues to decline, there seems to be a focus on the roads that have the highest volume. She also mentioned the need for discussion regarding engineering on drainage runoff and conflicting language regarding subdivision and local road requirements. Dumdi also mentioned the interface between schools, residential areas and the traveling public. Weeldreyer and Dumdi suggested a work session prior to the end of the year before specific issues involving these items come before the Board. It was recommended that the Roads Advisory Committee review these issues. Rust suggested staff analysis, review by the Roads Advisory Committee and then Board action. Weeldreyer noted that an issue coming forward soon would be an appeal on Fox Hollow Road. Dumdi remarked that it is imperative to have Land Management and Environmental Health become involved in the coordination discussions.

Weeldreyer reported that there would be a series of upcoming meetings regarding the ODOT/ Highway 126 East corridor study beginning November 4.

Dumdi spoke about Community Countdown 2000, a public relations effort being directed by the National Association of Counties. She indicated that she and Dianne Burch would be coordinating this effort. There was discussion regarding the involvement of the new Public Information Officer.

Dumdi announced that there would be a meeting tonight in Florence regarding the Highway 126 West corridor. She also mentioned that there would be a discussion tonight at the Blachly Lane Co-op regarding prison siting.

Green noted the Senior Recognition luncheon today at noon.

4. COMMISSIONERS' BUSINESS

a. ORAL REPORT/BCC External Committee Involvement.

Dumdi discussed her work with the Oregon Rural Development Council, the Rural Community Improvement Council, the Lane Economic Committee, the Economic Development Standing Committee, the Metro Partnership and Regional Strategies, observing that all of these have to do with economic development for rural areas. She indicated that there has been success in getting small businesses strengthened or launched and stressed the cooperative efforts among agencies. Dumdi also discussed her involvement with the National Association of Counties Board of Directors and the Association of Oregon Counties Board of Directors. She also mentioned her involvement with the Southern Willamette Private Industry Council, the Oregon Coastal Zone Management Association and the Roads Advisory Committee.

Rust noted that he was also on the Economic Development Standing Committee. He mentioned the Policy and Procedures Committee, remarking on the review of the employee evaluation system. He indicated that the backlog is not as much as previously, but the process is not really as useful as employee evaluations should be. Rust stated that there is reluctance to advocate for a complete overhaul of the system due to expense. He discussed his involvement with the Metro Wastewater Management Commission and issues related to leachate and Hyundai. Rust stated that he is also serving on the Solid Waste Committee (regarding leachate) and the Parks Advisory Committee, highlighting the new Parks 2000 Plan and the new marina plan.

Green mentioned his involvement with the Convention and Visitors Association of Lane County, noting that they are still in search of a new CEO. He indicated that he was going to Denver representing Lane County/CVALCo to attend the National Coalition of Black Meeting Planners. Green discussed his work with the Housing Policy Board, noting that Road Fund involvement has helped the HPB do its work. He remarked on his involvement with the Metropolitan Policy Committee and their recent work on the prison siting issue. He also discussed the activities of the Intergovernmental Human Services Committee, commenting that Steve Manela is doing an excellent job and that the annual report is forthcoming.

Cornacchia remarked that there has been no significant committee action on his part that the Board isn’t aware of. With regard to Rust’s comments regarding reducing the backlog of employee evaluations, he stated that that alone is not acceptable, stressing that the Board wants all evaluations done on time. He expressed concern that some managers are not doing the job that they are paid to do, noting that evaluations are one of the employees’ biggest issues. It was noted that David Suchart, Director of Human Resources and Management Services, will be reporting to the Board soon regarding improvement of the evaluation process.

Weeldreyer reported that she is District Chair for the Association of Oregon Counties and also on the AOC Board of Directors, discussing the annual convention here in November and the coordination on legislative efforts. She mentioned her work with the McKenzie Watershed Council and their efforts on behalf of water quality, fish and wildlife, human habitat and recreation. Weeldreyer discussed her involvement with the Lane Council of Governments Board of Directors, the Rural Community Improvement Council, the Mental Health Advisory Committee, Finance and Audit and the Commission on Children and Families.

5. RESOLUTIONS

a. RESOLUTION 96-10-30-1/In the Matter of Opposing Ballot Measure 40.

Rust briefly presented this item to the Board (see material on file) and briefly reviewed several of its key elements.

MOTION: Approval of the Resolution. Rust MOVED, Cornacchia SECONDED. Weeldreyer indicated that she agrees with the premise that the pendulum has swung too far over to the rights of the accused, but that it is important to read all of what is presented. She expressed concern that Measure 40 does not really address what the supporters are trying to do, noting that there are concerns regarding its constitutional impact.

VOTE: 5-0.

6. EXECUTIVE SESSION as per ORS 192.660

At this time, this meeting recessed into Executive Session at 10:30 a.m. to reconvene into general session at 11:06 a.m.

7. COUNTY ADMINISTRATION

a. Announcements

None.

b. ORDER 96-10-30-2/In the Matter of Requesting Transfer of a $75,522 Telecommunications and Information Infrastructure Assistance Program Grant From Lane County to Lane Council of Governments and Delegating Authority to the County Administrator to Execute the Transfer.

MOTION: Approval of the Order. Cornacchia MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

c. ORDER 96-10-30-3/In the Matter of Committing Lane County to the Development of a Regional Hazard Mitigation Planning Program and Appropriating $10,000 in CDBG Funds to the County Administration Department (03) Within Fund 24 for Flood Recovery.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. Responding to Cornacchia’s questions regarding the overall cost to Lane County for the flood study, Ike Jensen, Emergency Services Coordinator, indicated that he doesn’t have an exact dollar figure as the money being appropriated is to hire a consultant to identify work and determine the hours required to accomplish the goal. Cornacchia asked for removal or a change in the third "Resolution," to indicate that Lane County is not ready to make the full commitment until the costs are identified. There was agreement to return to this item during the afternoon session to review revised language.

d. ORDER 96-10-30-4/In the Matter of Applying for Hazard Mitigation Grant Program Funding on Behalf of the Mapleton Community and Authorizing the County Administrator to Sign and Submit the Grant.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

8. PUBLIC WORKS

a. ORAL REPORT/Leachate Issues.

Ken Kohl briefly reviewed his memorandum that was included in the packet (see material on file). He noted that the work plan is focused on achieving four objectives: identification of an implementable on-site treatment alternative(s), comparison of the identified alternative(s) with the proposed force main to the regional sanitary sewer plant, implementation of a long-term leachate management system, and implementation of a short-term leachate management system.

Cornacchia asked that Kohl work with Legal Counsel and come back next week with a recommendation of whether or not to make the NPDES application prior to the RFP process.

Rust provided Kohl with two letters dealing with on-site alternatives (see material on file). He asked that Kohl review them and provide copies to the Board. Dumdi remarked that it might be worthwhile to review "references" included with the documentation. Weeldreyer recommended that there be a commissioner liaison to the citizens advisory group described in Kohl’s memo. Rust and Weeldreyer were appointed. There was consensus to create a task force with limited duration. Cornacchia complimented Rust on pursuing the information he provided. Dumdi directed Kohl to the publication "Solid Waste," recommending that he read recent articles on leachate. There was consensus that this is an acceptable work plan.

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1092/Renaming North Game Farm Road to Gateway Street (17-03-09, 16) (Second Reading & Public Hearing: November 13, 1996, 1:30 p.m., Harris Hall Main Floor).

Green read this Ordinance into the record.

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for November 13, 1996 at 1:30 p.m.. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

c. ORDER 96-10-30-5/In the Matter of Awarding a Contract to Layfield Plastics, Inc., in the Amount of $26,000 for the Purchase of 40,000 Sandbags and Authorizing the County Administrator to Execute the Contract.

Craig Starr reviewed this item for the Board (see material on file). He explained that ordering such a large quantity provides a significant cost advantage.

MOTION: Approval of the Order. Rust MOVED, Cornacchia SECONDED.

VOTE: 5-0.

9. CONSENT CALENDAR

A. Approval of Minutes: None.

B. County Administration

1) RESOLUTION AND ORDER 96-10-30-6/In the Matter of Transferring Appropriations Between Expense Categories Within the Same Departments and Funds as Requested by the External Auditors.

2) ORDER 96-10-30-7/In the Matter of Approving Receipt of the Community Development Block Grant for Mapleton Water System Improvements, Authorizing the County Administrator to Sign Grant Documents and an Intergovernmental Agreement with the Mapleton Water District, and Receive Grant Funds to Increase Appropriations in the Amount of $100,000 in Revenues and Expenses in Fund 24, (17) General Expense.

3) ORDER 96-10-30-8/In the Matter of Requesting Issuance of Industrial Revenue Bonds by the State of Oregon for KRC (Western) Inc.

C. Health and Human Services

1) RESOLUTION AND ORDER 96-10-30-9/In the Matter of Increasing Appropriations in Revenues and Expenditures in the Amount of $18,800 for the Drug Court Provided in PAAF #48.

2) RESOLUTION AND ORDER 96-10-30-10/In the Matter of Accepting an Intergovernmental Agreement With the Oregon Department of State Police, Criminal Justice Services Section in the Amount of $175,000 and Accepting Revenues in the Amount of $6,000 in State Community Corrections Act Grant Funds and Increasing Appropriations in Revenues and Expenditures in the Amount of $56,000; and Delegating Authority to the County Administrator to Sign Agreements.

3) RESOLUTION AND ORDER 96-10-30-11/In the Matter of Delegating Authority to the County Administrator to Sign PAAF #43 to the 1995-97 Intergovernmental Agreement #20-001 With the Mental Health and Developmental Disabilities Services Division in the Amount of $177,191.

4) RESOLUTION AND ORDER 96-10-30-12/In the Matter of Appropriating an Additional $20,995 in Revenues and Expenditures in Fund 86 for Individuals with Developmental Disabilities (PAAF 47 to the 1995-97 Intergovernmental Agreement (20-001).

D. Human Resources and Management Services

1) ORDER 96-10-30-13/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Roy and Virginia Hodges, Former Owners of Record (Map #19-03-14-22-06800, Adjacent to 83271 N. 6th, Creswell).

E. Public Works

1) ORDER 96-10-30-14/In the Matter of Awarding a Contract to Sahlberg Equipment Inc. in the Amount of $61,337.88 for the Purchase of One (1), New Side-Mounted Flail Mower, with Trade-in, Contract FY96/97 FS-01.

2) ORDER 96-10-30-15/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 950 (Briggs Hill Road) (18-05-36).

3) RESOLUTION, NOTICE OF HEARING AND ORDER 96-10-30-16/In the Matter of The Vacation of a Portion of County Road Number 288 (Gowdyville Road) Being in Section 30, Township 20 South, Range 4 West of the Willamette Meridian (Public Hearing: December 11, 1996, 1:30 p.m., Harris Hall Main Floor).

4) ORDER 96-10-30-17/In the Matter of Designating $375,000 of County Road Funds for the Woodleaf Village Low-Income Housing Project and Authorizing an Agreement with the Metropolitan Affordable Housing Corporation.

MOTION: Approval of the Consent Calendar. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

10. HEALTH AND HUMAN SERVICES

a. ORDER 96-10-30-18/In the Matter of Approving an FTE Adjustment in the Department of Health and Human Services.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

11. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 96-10-30-19/In the Matter of Establishing the Classification and Salary Range for Parole and Probation Manager and Establishing an Additional 1.0 FTE in the Department of Health and Human Services.

Responding to Cornacchia, Van Vactor indicated that the position of Community Corrections Coordinator can be eliminated as of December 31 and that the Order can be revised to reflect that.

MOTION: Approval of the Order, with revision as discussed. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0. Responding to Cornacchia regarding the Option 1 decision regarding the hiring of parole and probation officers, Wilson reported that the proposed intergovernmental agreement has been sent to the state and there will be a meeting, probably this week, to talk about solutions to some concerns.

12. YOUTH SERVICES

a. ORDER 96-10-30-20/In the Matter of Approving a Grant Award from Oregon Department of State Police for Treatment of Violent Offenders, Establishing Within the Department of Youth Services a 1.0 FTE Juvenile Counselor 2 Position, Appropriating to the Budget of the Department of Youth Services Spending Authority in the Amount of $165,001, and Authorizing the County Administrator to Execute the Grant Award Conditions and Certifications Agreement.

Steve Carmichael, Youth Services Director, reviewed this item for the Board (see material on file).

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

13. REVIEW ASSIGNMENTS

Rockstroh to report back regarding Gulf War Syndrome/blood supply in 30 days.

Suchart to report back regarding evaluations; NOTE: Reduction in number of evaluations is unacceptable.

Ken Kohl to report back next week regarding NPDES report.

Rockstroh to request investigation regarding mental health deaths.

14. EMERGENCY BUSINESS

None.

There being no further business, this meeting adjourned at 12:00 p.m.

Sharon Giles, Recording Secretary

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