BOARD OF COMMISSIONERS'

REGULAR MEETING

April 4, 2001

9:00 a.m.

Harris Hall Main Floor

APPROVED JUNE 27, 2001

 

Commissioner Anna Morrison presided with Commissioners Bill Dwyer, 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

Sorenson brought up the issue regarding the penalty for a flagrant disregard of sanitation and other public health or land management permits required.

 

2. PUBLIC COMMENTS

Gary Hyde, City of Monument, said he spoke with Weeldreyer two weeks ago concerning the possibility of the County transferring some refuse trailers that were surplus. He asked the Board for their support in getting the refuse trailers.

 

Weeldreyer explained that Waste Management had no problem doing this but because it was an out-of-the-ordinary request, she thought it was appropriate bringing it to the Board for approval so staff could do the necessary transferring of title and for the City of Monument to move the trailers.

 

Green asked what the process was for disposal of surplus assets and what Lane Countyís liabilities would be.

 

Craig Starr, Public Works, responded when they have a surplus unit of equipment, if it is not turned over to a dealer for a trade-in on something new; they go through a process to declare it surplus, generate a list of equipment and notify small cities, school districts and other local governments that these items are available as surplus and there is a minimum price placed on them.He added they hadnít disposed of a refuse trailer in a long time.He said these were 1988 trailers and they had a value of about $1,000.

 

Dwyer stated he had no objection.He said whatever deal was made, that Lane County wouldnot be responsible for moving them and they would be bought as is.

 

Starr explained it would be Public Works' intent to fully transfer the title and all responsibility and liability.

 

MOTION: that the Board allow Lane County to donate the trailers to the City of Monument with the understanding that they assume all liability and transporting.

 

Weeldreyer MOVED,Green SECONDED.

 

Sorenson agreed with the department director regarding the disposing of trailers.He said he was opposed to these types of items being brought up in public comment.He said he was voting no on this motion because he didnít want to see motions made in public comment.

 

Dwyer agreed with Sorenson.

 

Van Vactor explained that the City of Monument is a government and if the Board agreed with the donation, they didnít need a motion and the transfer could take place administratively with the conditions that were mentioned.

 

Weeldreyer withdrew her motion.

 

Morrison said that staff had direction to go forward with the transfer.

 

a. PRESENTATION/Sesquicentennial - History of Florence.

 

John Quay and Fred Jenson from Florence performed a play based on the history of Florence.

 

3. RESOLUTIONS

 

a. RESOLUTION 01-4-4-2/In the Matter of Proclaiming April 2001 as Child Abuse Prevention Month.

 

Karen VanTassell, Children and Families, discussed plans for Child Abuse Prevention Month in Lane County.

 

Morrison read the resolution into the record.

 

MOTION: to approve RESOLUTION 01-4-4-2.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

b. ORDER 01-4-4-3/In the Matter of Proclaiming the Week of April 2-8, 2001 as Public HealthWeek.

 

Rob Rockstroh, Health and Human Services, reported that public and environmental health does well in working with restaurants to make sure food supplies are safe.

 

Morrison read the resolution into the record.

 

MOTION: to approve ORDER 01-4-4-3.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

4. EXECUTIVE SESSION as per ORS 192.660

To take place after the meeting.

 

5. COMMISSIONERS' BUSINESS

 

a. RECOGNITION AND RESOLUTION 01-4-4-1/In the Matter of Recognizing Ryan Reeves for Outstanding Community Service.

 

Morrison stated she received a letter with regard to Ryan Reeves and thought honoring him was a good way to acknowledge positive things that youth today were involved in.

 

She read the resolution into the record.

 

MOTION: to approve RESOLUTION 01-4-4-1.

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

b. CEREMONY/Swearing-In of Oakridge Justice of the Peace Sheila M. Nelson.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

7. PUBLIC WORKS

 

a. ORDER 01-4-4-4/In the Matter of Appointing One Member to the Resource Recovery Advisory Committee.

 

Ken Sandusky, Waste Management, reported the Resource Recovery Advisory Committee recommended the appointment of Sarah Grimm to complete the term created by the resignation of Jean Davis, serving on the committee until September 2003.

 

MOTION: to approve ORDER 01-4-4-4.

 

Green MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

b. ORDER 01-4-4-5/In the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Reconsidered Decision Denying an Application for Rezoning Property from RR-5 to RR-2 (File PA 00-5618/Stewart).

 

Jerry Kendall, Land Management, reported the Board heard this matter previously on February 21, 2001.He said the Board elected to hear it by a 3-2 vote.He explained he had a revised order to hear the matter and the biggest change in the order was Finding No. 12 in which they have an interpretation of the board order. He added the order as it stands would set an on-the-record hearing for April 18 at 1:30 p.m.

 

MOTION: to approve ORDER 01-4-4-5.

 

Weeldreyer MOVED, Green SECONDED.

 

Vorhes noted if the Board wanted to hear additional information, that would provide the basis for other parties who were not currently scheduled to argue before the Board.

 

Dwyer said they need to hear from people who were a party to this matter.He noted the record did not support granting this.He supported having the hearing on April 18, but the record needed to be expanded, giving everyone who was impacted an opportunity to testify.

 

Weeldreyer supported having an on-the-record hearing and limiting testimony to the individuals whom had participated in the process to date and not opening it up to anyone in the County discussing growth management.

 

Vorhes noted the appeal raises a single issue and the focus on the debate in front of the Board needed to be on that issue.

 

VOTE: 3-2 (Sorenson, Dwyer dissenting).

MOTION:to open the record to those people who testified at the public hearings (or submitted in writing) and the testimony will be on one issue only.

Kendall stated he heard the Board state they wanted a hearing and opening it up for limited additional testimony as provided by Lane Code 14.

 

Dwyer MOVED, Weeldreyer SECONDED.

 

Green supported the motion.

 

VOTE: 5-0.

 

c. ORDER 01-4-4-6/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Department of Public Works, Land Management Division Planning, Subsurface Sanitation, Surveyor and Building Program Charges and Fees (LM 60.851, 60.852, 60.853, 60.854, and 60.855) Effective July 1, 2001.

 

John Cole, Land Management, requested Board approval for an increase in development permit fees charged by Land Management, becoming effective July 1, 2001.He said the increase was necessary in order to offset increases they had experienced as a division in operating expenses that would allow the division to maintain or enhance their existing service levels.He said the proposal was consistent with Lane Countyís Strategic Plan, specifically revenue development strategy (D2) that encourages the organization to identify and recover user fees and charges.

 

Cole explained costs to their division increase annually with personnel expenses being the largest.He added there are materials and services costs that increase.He noted their revenues had decreased and their projected revenues to the division for fiscal year 2001/2002 are $2,876,000 (down 10% from 98/99).He noted the division recognizes that a slow down in development activity represents not only a decrease in revenue, but also a decrease in permitted administration workload.

 

Cole said they were proposing the elimination of two positions within the division: a building plans examiner and a land use planner, in response to the slowdown of development permit activity and the associated workload.He added without some form of fee increase or other source of funding to the division, balancing the divisionís budget next fiscal year (in light of the declining revenue and increasing expenses) would require the elimination of an additional seven positions within the division.He said in response to that, he prepared options for the Board to consider.

 

He said they had tried to leave the low-end applications alone in this fee increase proposal and they left the temporary hardship applications alone.

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Cole noted there were overall proposed increases to the division of 15%.He said it would allow the division to retain the existing staff and replace the code enforcement officer and allow an office assistant position within the sanitation program.He explained the Waste Management Division had agreed to return $42,000 in funding to support a second compliance officer position.He said that Option 2 (copy in file) would recognize the addition of $42,000 in funding and an ability to reduce the fee increases accordingly.He added Option 3 (which he recommended) would allow Land Management to increase their fee revenues recognizing they are having $42,000 in support from the solid waste fund.

 

Weeldreyer noted by having Land Management off the general fund, it would result in better customer service with an increase in staffing.

 

Cole stated it was a prudent and business-like response given the projections for development of permit activity in the coming year, that their work load in the area is going down and they should be able to maintain their service level with less staff.He added they fund not only permit processes through the development fees, but code enforcement and comprehensive planning activities.

 

Green asked what percentage of general funding his department received and what his average indirect costs were that his department was paying.

 

Cole responded he received nothing from the general fund.He noted the indirect charge is combined with IS, general government and the Public Works indirect, representing 18% of their budget.He said it was a bargain at twice the price.

 

Green said Land Management had made an effort to address the concerns that were raised at the Finance and Audit Committee (Option 3).He said he would support the request to implement Option 3.

 

Dwyer stated he would also support Option 3 but cautioned them to examine their finances when the video lottery goes away.

 

Weeldreyer asked if they could craft some discretionary fund for the division that the Board could authorize that would allow for limited permits so moving forward wouldnít preclude the opportunity for community projects to move ahead.

 

Cole responded there was ability in the manual and in the ordinance for the director to waive certain fees if there is a hardship involved.

 

Sorenson said he would be willing to vote for a fee increase, but not today, as the proposal doesnít incorporate a concern from the public about the charges.He asked what could be done to adjust the fees downward.

 

Cole stated Exhibit A in Lane Manual was a document initially created not by Lane County, but by people working with building codes nationwide.He noted the intent was to document what the typical construction costs are at a given point in time for a type of construction.He added included in Exhibit A is a fairness issue including a graduated expense built into the building permit fees. He noted a place where they could do a better job is in the PASO sign-off fee, where they have a charge of either $275 or $60 and that could be revised to be a percentage of the valuation of the structure, approaching it in the same way they do the actual building permit.He added that could be in place between now and the next fiscal year. He asked the Board to approve a fee increase proposal with direction for them to go back and make that amendment so they could go forward in the overall County budget process.

 

Morrison supported Option 4 but indicated concerns about the increase and land use issues.She said an internal audit was taking place of Land Management and she thought it was premature to make these fee increases without knowing the cost savings they could come up with.

 

Weeldreyer wanted to go forward with their fee increase.

 

MOTION:that the Board support the recommended Option 3 for ORDER 01-4-4-6.

 

Green MOVED, Weeldreyer SECONDED.

 

Sorenson supported the transfer of the $42,000 from the solid waste fund and said he would support the fee increase if it included the proposal that he and Cole discussed concerning a consistent policy of how they handle the building fees versus planning fees.

 

Green responded his motion didnít include that.He noted Sorenson could make an amendment and have the Board vote on it.

 

Dwyer supported this because they were in a time constraint with budgeting.He said once the audit comes back would be the time to have the discussion about organizing the department to make it more progressive.

 

Green said once they find out about the audit, a cost benefit analysis would need to be performed.He believed the one who pays should benefit.

 

VOTE: 4-1 (Morrison dissenting).

Weeldreyer stated she was supportive in joining Sorensonís desire to look at the fee structure and making appropriate adjustments that are more progressive.

 

8. CONSENT CALENDAR

 

A. Approval of Minutes:

October 31, 2001, Work Session, 9:00 a.m.

October 31, 2001, Work Session, 1:30 p.m.

February 14, 2001, Regular Meeting, 9:00 a.m.

February 27, 2001, Work Session, 1:30 p.m.

March 21, 2001, Regular Meeting, 9:00 a.m.

March 21, 2001, Regular Meeting, 1:30 p.m.

 

B. Public Works

 

1) ORDER 01-4-4-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property Identified as Tax Lot 602 on Map #17-03-34-24 to James E. Hoffman and Debra J. Hoffman.

 

2) ORDER 01-4-4-8/In the Matter of Awarding Requirements Contracts for Professional Services in Bridge Engineering Consultation to OBEC in the Not-to-Exceed Amount of $225,000 and OTAK in the Not-to-Exceed Amount of $75,000.

 

MOTION: to approve the Consent Calendar.

 

Weeldreyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

9. ASSESSMENT AND TAXATION

 

a. ORDER 01-4-4-9/In the Matter of Appointing One Member to the Farm Review Board Advisory Committee.

 

Weeldreyer stated she appointed Dewey Hoffer and Al Cook to the Farm Review Committee.

 

MOTION: to approve ORDER 01-4-4-9.

Weeldreyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

10. MANAGEMENT SERVICES

 

a. ORDER 01-4-4-10/In the Matter of Authorizing the Sale of a Portion of County Owned Real Property Commonly Known as the Florence Annex (Map No. 18-12-26-32-05200) to the State of Oregon, Department of Transportation.

 

Morrison explained this was not the Florence Annex building; it was a corner for safety improvements for handicapped access and bicycles.She noted the offer to the County was $2,200.She and staff met with ODOT about this regarding access off of Highway 126.She supported going forward with this but indicated the project may not happen.She said the City of Florence could not come to an agreement with the shopping center and access to the center.She added they had been pushing for this safety project for over ten years.

 

MOTION: to approve ORDER 01-4-4-10.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 4-0 (Dwyer not present).

 

b. ORDER 01-4-4-11/In the Matter of Granting an Easement to the State of Oregon, Department of Transportation for the Placement of Highway Signs on a Portion of County Owned Real Property Commonly Known as the Florence Annex (Map No. 18-12-26-32-05200).

 

Morrison asked what would happen if this project did not go forward.

 

Jeff Turk, Management Services, responded if the easement had already been granted, there would need to be negotiations to get the property rights returned.

 

Morrison said there was not a final determination from the city as to what they were going to do.She was in favor of giving the easement to ODOT to put up the signage on the new project once it was completed.

 

MOTION: to approve ORDER 01-4-4-11.

 

Morrison MOVED, Weeldreyer SECONDED.

 

VOTE: 4-0 (Dwyer not present).

 

c. ORDER 01-4-4-12/In the Matter of Establishing the Classification and Salary Range for Public Safety Support Specialist in the Sheriff's Office.

 

MOTION:to approve ORDER 01-4-4-12.

 

Green MOVED, Sorenson SECONDED.

 

VOTE: 4-0 (Dwyer not present).

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d. ORDER 01-4-4-13/In the Matter of Approving the Addition of "On Call Pay" for the Classifications of Lead Investigator and Investigator in the Office of the District Attorney.

 

Kent Mortimore, District Attorney, recalled that the Board had ratified a contract between the County and the Prosecuting Attorneys Association and one of the clauses in the contract was the addition of pager pay (a payment of $3.00 per day for the attorneys that are required to carry pagers).He said there were three investigators in their office who were not part of the Prosecuting Attorneys Association, not represented by any collecting bargaining but they were responsible for carrying pagers.He said it was an attempt to bring them up with the lawyers.

 

MOTION: to approve ORDER 01-4-4-13.

 

Green MOVED, Weeldreyer SECONDED.

 

VOTE: 4-0. (Dwyer not present).

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

Dwyer announced that a neighbor, Mr. Dillinger, was getting medals that were 55 years late for World War II.

 

Weeldreyerthanked Mike Moskovitz for the excellent job he did in establishing a public information office for Lane County.†† She wished him well in his new job.

 

12. EMERGENCY BUSINESS

None.

13. OTHER BUSINESS

 

John Cole, Land Management, stated that Sorenson had some questions about the compliance program and fees for building permits.He noted e-mail discussions back and forth about what an appropriate level of fine and enforcement activity the division should take in cases where people had flagrantly violated Lane Countyís Building Code regulations.He explained that their current position is that they do have within Lane Code, Chapter 5, an ability to go through an administrative enforcement process with people who had done that and issue daily fines of up to $1,000 per day.He added the fines rarely get to $1,000 per day unless it is a person they had been engaged with in other violations and they clearly ignored earlier communications.He noted the Saignaw Mobile Home Park has a $57,000 lien on the property for building a storage building without a building permit.

 

Sorenson asked what the guidelines were so people would be treated fairly.

 

Cole responded they look to two sources to determine what a daily fine should be. He said Lane Code Chapter 5 has general guidelines with arriving at certain numbers and they worked with hearings officials to develop an enforcement manual that goes into detail.He added they developed a worksheet in determining what the appropriate fine should be.

 

Dwyer said there should be a commercial versus residential distinction because commercial activity is held to a higher standard.

 

Green suggested spending time on people who had not received final inspection but who had already occupied the building.He thought there could be revenues collected from that.

 

Weeldreyer said there were other ways of getting people to comply without adding to it in an onerous way.

 

Morrison said there are penalties and fines in place but they have the lack of courage on the Board to enforce them.She said there needs to be more consistency on how things are handled.

 

There being no further business, Commissioner Morrison recessed the meeting at 12:00 p.m.

 

 

 

Melissa Zimmer

Recording Secretary

 

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