BOARD OF COMMISSIONERS'
August 15, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green, Sr. and Peter Sorenson present. Cindy Weeldreyer was available via telephone. Acting County Administrator Dave Garnick, Assistant County Counsel Marc Kardell and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Sorenson requested putting agenda items 10. a., 11. a., 11. b., and 14. a. into the Consent Calendar.
MOTION: to add agenda items 10. a., 11. a., 11. b., and 14. a., into the Consent Calendar.
Dwyer MOVED, Sorenson SECONDED.
2. COMMITTEE REPORTS
a. REPORT/Legislative Wrap-Up.
Tony Bieda, Intergovernmental Relations Manager, stated that in the agenda packet was an analysis of how Lane County did on the key legislative priorities-- the successes and where they fell short. He noted with additional resources, the primary success was as part of the statewide coalition securing $7.5 million for mental health services delivered through the County on a statewide basis. He reported there was movement in the legislature for a similar proposal for the public health component of their priority list at a comparable level. He noted when the final budget was put together, the public health item was not on the list as there was not enough money to do everything requested. He said AOC proposed that the public health directors and coalition put together a proposal to go back to the Legislative Emergency Board by next year to have that deficit filed with an emergency board appropriation.
Bieda stated they were also disappointed with funding of the prosecutoral function for district attorneys and courthouse facilities. He noted they wanted to pass legislation that would require some type of statewide view and inventory of courthouse facilities. He said the bill was held up in committee and there was nothing on record for evaluating the courthouse facilities.
Bieda explained they were able to get the telecommunications steering committee bill passed so the rural areas would have a new forum in which to discuss the sufficiency of telecommunications infrastructure across the state.
Morrison asked what was different in passage of House Bill 2934.
Bieda responded it was the preemption of local authority on transient lodging taxes. He said that any collection reimbursement charge that is currently in place in a given jurisdiction (county or city level) is grandfathered-in and has to remain at that level. Any new or additional increases in transient lodging tax must establish a minimum five percent collection reimbursement charge which goes back to the lodging industry.
Green said he heard Lane County had started too late to secure support for Lane County’s initiative. He asked for a document trail on when Lane County started its efforts. He remembered starting sooner than what some legislators had indicated.
Bieda agreed with Green about showing Lane County’s legislators the inventory of written and other communications accomplished during the session.
Dwyer noted the date the Board had its first meeting with the legislators on priorities was in October at a meeting at the Downtown Athletic Club. He said the Board laid out its priorities but legislators had other plans. He said it was critical to develop relationships with the legislative fiscal office, legislative revenue office, administrators and getting on the governor’s list.
Sorenson didn’t remember the legislative letter and objected to that process. He would have had no opposition if it were put before the commissioners for approval but he didn’t like seeing the letter after the fact.
Dwyer apologized, thinking that the Board had received the letter. He stated he received different drafts and wanted to make the letter stronger.
Weeldreyer stated she had no problem with the content of the letter.
Morrison was concerned about hiring a contract lobbyist. She said Lane County pays dues to AOC to take care of Lane County’s interest and that was a form of lobbying.
Green concurred. He agreed that the commissioners were more effective lobbyists and that staff was there to support their efforts.
Dwyer recommended a commissioner check-off sheet so that each commissioner could review the document before it is sent. He agreed the commissioners were the most effective lobbyists.
3. PUBLIC HEARINGS
a. ORDER 01-8-15-1/In the Matter of Receiving Public Comments on Amending Chapter 2 of the Lane Manual to Add a Policy Pertaining to the Public Records on the County Internet Web Site (LM 2.183).
Darrell Landrum, Information Services, reported that about a year and half ago, the Department of Information Services submitted a request to the Board for direction in putting public records on the County internet website. He said the Board’s decision was to refer this to the Technology Management Team to review and provide a recommendation.
Landrum said the Technology Management Team had established a recommendation to amend Lane Manual to add a policy for distributing public records that contained personal identification on the County internet website. He noted the policy was to assure that the information is not inappropriately distributed.
Landrum explained the Lane Manual change addressed three main areas. He discussed the personal information that could be available in the county public records and information specifically prohibited from disclosure (social security number, driver’s license and mother’s maiden name, bank account, credit card information, residential telephone number, health medical records and place of birth). He said the second item was non-disclosure for personal safety reasons. He said that public records information distributed from the County internet website would comply with the ORS 192.445, requiring the County internet website not release or make available specific public records indicating the home address or telephone number of an individual who had made a request and demonstrated there was a danger to personal safety or safety of family members residing with them. He said they would address the review process of what would go on the internet through the Lane County Technology Management Team. He stated the difficulty they saw with addressing this was the different records throughout the County that are unique. He said the best process was to have the Technology Management Team review each record for what would be put on the website. He added there would be guidelines established for the process.
Green asked what the process would be for not having personal information listed.
Landrum explained the current process is to go to the specific department that is the caretaker of the site and put in a request to provide a non-disclosure.
Dwyer noted these were all public records that are readily available. He said they were trying to make available to the public anything they could come down to the Public Service Building for and it would be saving a trip. He wanted to know what other counties were doing and what information they have on the internet and whether or not it had presented a problem. He asked Sorenson if he solicited the letter from the FBI.
Sorenson stated he sent a letter to the U.S. Attorney’s office because they had heard about this in the newspaper. He explained they circulated the proposal to the FBI, the national forests and federal judges.
Weeldreyer said the Technology Management Team didn’t specifically talk about any one organization’s concerns about this policy, but they recognized that the public was concerned about people who deal with a criminal element and don’t want to put themselves or their families at risk. Weeldreyer said there was underlying concern about this policy. She said Lane County had been thoughtful and deliberate in trying to balance the needs of convenience.
Landrum stated a lot of counties are putting all the information on the internet without a policy (like Lane County’s) to make sure it is appropriate. He said the problems addressed were personal public safety and private identification information someone might use for identity theft.
Weeldreyer stated they were having this public hearing as a way of giving people an opportunity to voice their concern before they implement a policy.
Commissioner Morrison opened the Public Hearing. She submitted a letter from the FBI and from the judges into the record.
Sean Hoar, Assistant U.S. Attorney, distributed an article about crime identities. He encouraged the County not to publish any public information on the County website that could contain personal identity information. He said the unintended consequence could be tragic. He said he reviews on a daily basis the economic harm caused by identity theft to individuals throughout the country. He said his caseload consists primarily of the prosecution of computer-related crimes that includes identity theft, computer system intrusions and other fraudulent acts committed via the internet. He said identity theft was his primary concern. He noted a little information posted on the website could wreak economic harm. He added that he had been a subject of death threats, as in the federal system they deal with the worst criminals. He thought that the threats could continue.
Hoar didn’t think this information was a necessary service. He noted the people who commit identify fraud would not go to the courthouse to get information and create witnesses for their crime, they would do it from their own home. He said if this does go forward, his concern was with Section 2.187(2) which places the burden on the individual to demonstrate that there is a danger to personal safety. He suggested the Board comply with ORS 192.445 and honor the request of an individual. He recommended the second sentence of (2) (requiring the County internet website to not release or make available a specific public record indicating a home address or telephone number of an individual upon request of that individual) and its remainder be stricken. He said if the Board decided to include the full sentence and not change the language, he suggested adding: "That danger to personal safety is presumed for individuals involved in law enforcement and related occupations, including the prosecution of criminal law violations.” He said with the ease and anonymity with which electronic information could be abused, the Board should not post any personal identity information on the public website.
Dwyer said Deschutes County had everything on their website and had not had many problems. He agreed if someone didn’t want their name on the website, they shouldn’t have to rely on the statute. He said the percentage of people that will ask that their information not be posted will be minute. He said they shouldn’t be subject to a stalking order to qualify under the statute. He reiterated that this information is public and what is appropriate is not for the Board to shield or hide.
Green concurred with Hoar about not having the burden put on individuals about clear and present danger.
Hoar noted within the past year, identity theft had come to the forefront of the criminal violations resulting from people stealing personal mail or obtaining things that are publicly available over the internet. His concern was that many of the policies that are currently on the internet may produce downsides.
Kardell said if there was a public records request that went to the District Attorney’s office challenging what they had done, they would be less likely to be successful based on an assumption created here, versus what the statute in the administrative rule states.
Sorenson read a letter from Judge Michael Hogan from the U.S. District Court into the record.
John Cole, Land Management, said Land Management Division’s proposal for putting information on the internet had less potential for misuse. He said they were hoping to put their building permit tracking system on the internet and that effort had been technically accomplished. He said Land Management would be able to administer that information on the internet as it is currently crafted. He noted the information would be the building permit number, or the planning application number. He said it would not include the applicant’s name or telephone number. He requested that the Board consider using the Land Management Division permit tracking information as an early component.
Morrison noted she received an e-mail from Ollie Snowden stating this would be a service improvement for Land Management with routine status checks.
There being no one else signed up to speak, Morrison closed the Public Hearing.
Weeldreyer wanted a clearer sense of direction from the Board for the Technology Management Team as to how much more process was desired.
Sorenson stated that Lane County needed to be customer-oriented and the internet is part of that customer service. He said there wasn’t an outreach to the U.S. Attorney’s Office. He suggested asking either staff or the committee to meet with and make available to the groups that were discussed in the public hearing. He added that besides the District Attorney and the Sheriff’s office, he wanted to add civil liberties and civil rights organizations, crime victims, Womenspace or other groups that advocate for the victims of crime. He said the financial committee should also be included.
Green hoped that if they proceeded, Hoar’s comments would be incorporated and his recommendations and suggestions reflected. He agreed that identity crimes are a serious problem.
Dwyer recommended having Darrell Landrum and the committee do outreach, have another committee meeting, talk to the people who are invited, and see what changes result from those meetings. He wanted them to bring back a revised report on the deliberation and then they will move forward. He said it was important that they supply this information.
Dave Garnick, Senior Budget Analyst, said there are a variety of systems in different departments. He said it would be difficult to insure they had removed a name from every system. He asked to take that into consideration. He stated it might be better to not publish it in the first place.
Morrison said if they were to do this on a limited basis (and use Land Management as a test) they could decide whether the Board wanted to go forward.
Green wanted District Attorney Harcleroad’s perspective included in the process.
Weeldreyer asked if they were going to allow Land Management to move forward with building permits and the Sheriff’s Office to make reports available to the community newspaper editors.
MOTION: Moved that the Board direct the County Administrator and others deemed appropriate to have Land Management bring back a recommendation of putting limited information on the internet. And to direct the same thing to the Sheriff’s Office, regarding the availability of police reports through the Lane County Sheriff’s Office. And that they ask the committee to hold an informational meeting with interested community members, including the groups the commissioners had identified, before taking action with further recommendations for this manual change.
Sorenson MOVED, Dwyer SECONDED.
4. PUBLIC COMMENTS
Carolyn Barrelcliff, 37147 Parsons Creek Road, Springfield, stated she was the co-owner of Tomahawk Restaurant and Gas. She said in an earlier board meeting, when discussing the initial widening of Marcola Road, the board discussed funding sidewalk improvements to ensure the safety of Marcola’s children and residents. She said the Board was sensitive to the fact that the Tomahawk Gas Station is the only gas station between Holly and Springfield and the contract supplier for fuel for the Marcola School District. She noted the Board agreed to pay for most of the widening of Marcola Road and directed the transportation department to find a way to preserve the fuel source for the community and the school district. She said in 1996--to ensure that the community and school district would continue to have this service available--the DEQ spent $75,000 together with $30,000 in private money to upgrade this facility. She said that jeopardizing the service by the road widening project would create an unnecessary and extreme hardship for the school district and the citizens of the community. She added the fuel pumps could not be moved to another location because of zoning and planning regulations. She believed the best solution is to redesign the present plan to reduce the width of the sidewalk and leave an exit to Savage Street as well as onto Marcola Road. She noted if design standards did not permit that, the transportation department should design other viable options. She asked the Board to direct the highway engineers to find a way the pumps could remain in Marcola.She stated a design change would be a win-win for all parties.
Cheryl Uselack, 37391 Parsons Creek Road, Springfield, stated she was a Tomahawk employee and concurred with Carolyn Barrelcliff on finding a solution. She presented a petition with over 320 signatures from people who rely on the fuel source. She asked the Board to direct the road department to find a solution.
Morrison said that when she was on the Roads Advisory Committee, the Marcola Road expansion went forward with public hearings in Marcola. She said this had been addressed several times and some solutions were put forward. She requested that the full Board be brought up to date with what staff had done with communities on the grass roots level (a specific citizens group). She asked that staff review that with the Board before they go forward.
Dwyer said this was important and staff needed to follow the Board. He said if the Board thinks it is important that these pumps stay and there might be some slight design standards that would allow that to happen, they need to make an explicit direction.
Morrison noted when they held the public hearings, and the local community groups met, this was a big issue because it is the only service station in the area. She said there were diagrams that were shared with everyone on how they could deal with the issue so they would not lose the facility. She requested that staff come back and share with everyone, then an adequate decision could be made at that point.
5. EXECUTIVE SESSION as per ORS 192.660
To take place at 11:30 a.m.
6. COMMISSIONERS' BUSINESS
a. DISCUSSION AND ORDER 01-8-15-1/Reviewing the Position of Internal Auditor.
Greta Utecht, Management Services, reported earlier this week this was brought to the Finance and Audit Committee based on a request from the members of the Finance and Audit Committee for clarification on performance auditing versus financial auditing. She said as they move forward, they could be clearer on what the Board is looking for in an internal auditor.
Utecht said Finance and Audit favored the performance auditor side of the equation and the recommendation was for a more detailed position description to fully describe the performance auditing aspects, but also include knowledge, skills and abilities, with an accounting background.
Regarding performance, Dwyer said they want to know if the subjects are performing and the Board needs someone that can suggest cash handling practices, processes and mechanisms to become more effective.
Dwyer suggested Option 1.
Green concurred with Dwyer and also wanted a fiscal auditor that could achieve performance through good fiscal management. He said they needed to send a clear message.
MOTION: to approve Option 1 of ORDER 01-8-15-1.
Dwyer MOVED, Sorenson SECONDED.
b. ORDER 01-8-15-2/In the Matter of Creating the Classification and Salary Range for Management Analyst 1 and Retitling the Existing Management Analyst Classification to Management Analyst 2.
Utecht reported there was a vacancy in the Management Analyst staff during the budget process. She said they worked with County Administration staff to work on a career development position. She noted it was successful, with two candidates taking the position for three months. She said they looked into creating a series or career ladder to allow them to compete for the Management Analyst 1 position. She hoped with the Board’s approval, they could create the career ladder opportunity.
MOTION: to approve ORDER 01-8-15-2.
Green MOVED, Dwyer SECONDED.
c. DISCUSSION AND ORDER 01-8-15-9/In the Matter of the Association of Oregon Counties (AOC) Council of Forest Trust Land Counties Emergency Board of Directors' Meeting.
Morrison recalled this item was brought up two weeks ago under Commissioners' Business regarding an emergency meeting of the Council of Forest Trust Lands. She noted since the agenda was published, they will add an order as they received a billing from the AOC for Lane County’s portion. She said attached to the information was the June 12, July 27 and August 2 minutes of the meeting of the Council of Forest Trust Lands. She added she received an invoice from the Council of Forest Trust Lands regarding Lane County’s portion of an assessment to hire Mason, Bruce and Gerard to do the research on the discrepancies between the state forest plan and the implementation plans. She noted that Lane County’s portion of the billing would be $2,758.
Dwyer stated he reviewed the materials and was in support of this.
MOTION: to approve ORDER 01-8-15-9.
Dwyer MOVED, Sorenson SECONDED.
d. DISCUSSION/Tourism Grant Letter
Dwyer explained the Board received a letter regarding the tourism grants, complaining that the Board acted arbitrarily without public input. He noted it was not an entitlement. He asked County Counsel to formulate a response because it went out to such a broad array of people. He said the Board decided the planetarium would be best for the tourism dollars. He requested a letter to show that the Board did not do anything wrong.
Green and Morrison supported Dwyer’s request.
Sorenson noted the Board reserved their power to allocate that money so if the project did not come off the ground, they could reallocate the funds. He said because they took the action in a public meeting, and people were not aware that the Board took action in a public meeting, that didn’t mean it wasn’t done lawfully. He said they had to make it clear that public notice was given and they have authority to change the decision if it didn’t work. He was also in favor of direction to use counsel’s help with this.
Green stated they could have done a better job of communicating the information instead of relying on CVALCO.
7. COUNTY ADMINISTRATION
8. PUBLIC WORKS
a. REPORT BACK/Land Management Division Public Contact/Follow‑up to the Internal Auditors.
John Cole, reported he had three assignments from this item. He said the first was an update on the status of the commissioners’ list. He spoke to the Board a month ago about an effort to put some of their constituent inquiries onto a shared database which they could access from their computers. He noted there were 11 items listed on the spreadsheet with some status updates. He agreed to come back to the Board in October with a synopsis of those requests.
Morrison asked where the permit number was, and when it was actually applied for, so they could see the gaps.
Cole said he would instruct staff to include that information when that inquiry comes in regarding a building permit.
Cole noted there were two other items that Dean Stephens had in his Land Management Division audit which dealt with staff operations. He said Stephens’ recommendation was to do more review when the applicant is in the office to prevent future problems. He said he would work with the administrative staff to put more of the resources up front so the applicants would have the option of having their site plan reviewed while they are in the office. He said it could help improve the process.
Morrison asked if this process information had been shared with the Homebuilders Association.
Cole responded they had not been working with the Homebuilders Association, but they could be brought into the process.
Sorenson said in addition to the Homebuilders Association, he wanted information to be presented to Lane County Landwatch because they are an advocacy group. He asked when they would discuss financing the department so they are not relying on fees alone for the planning aspect of the Land Management Division.
Cole said a discussion of funding for Land Management Division on a broader level is what he is interested in, but he wasn’t sure it was his responsibility to press that strongly. He added their work was cyclical and when work slows down in the fall, they process improvement and internal housekeeping items.
Sorenson said it wasn’t good having fees finance their department.
Weeldreyer asked if there could be a way to clean up the process with the building permits.
Cole noted there was a way to address those circumstances. He said they could flag those projects in the permit tracking system and send the applicants a post card. He added they would need the IS department's help.
Morrison suggested a tickler file so those items could be followed.
Sorenson said when someone needs a minor building permit, the cost to the government for those fees is fair. He said what wasn’t fair was the same person has to pay to run the planning function. He said they could solve customer complaints about large fees.
Cole stated a policy decision had been made in the past that the Land Management Division would do all it could to fund not only the individual permit applications through permit fees, but also some of the compliance and long-range planning.
Morrison noted they get a report from people who submit surveys on his department. She suggested restructuring the form so more people would respond.
Cole responded that Verna Brown and he would be willing to revisit the survey.
Morrison suggested another way of generating dollars was to make sure people had their final permits to get them on the tax roles.
9. CONSENT CALENDAR
A. Approval of Minutes:
June 13, 2001, Regular Meeting, following MWDS
August 1, 2001, Regular Meeting, following HACSA
August 1, 2001, Regular Meeting, 1:30 p.m.
B. Public Works
1) ORDER 01-8-15-3/In the Matter of Awarding a Contract to Farwest Truck Center, in the Amount of $94,942.00, with trade‑in, for the Purchase of One (1), New Truck Chassis with Guardrail Post Driver, Contract FY01/02-FS-01.
2) ORDER 01-8-15-4/In the Matter of Awarding a Contract to Pacific Utility Equipment Co., in the Amount of $114,556.00, with trade-in, for the Purchase of One (1), New 11 Cubic Yard Chip Truck, Contract FY01/02 FS-02.
The following items were moved to the CONSENT CALENDAR by ADJUSTMENTS TO THE AGENDA.
10. CHILDREN AND FAMILY SERVICES
a. RESOLUTION AND ORDER 01-8-15-5/In the Matter of Approving Submission of a Grant Application to the Edward Byrne Memorial Formula Grant Program for $600,000 Over Four Years to Fund the Lane County Community Safety Net and Authorizing the County Administrator to Sign the Grant Application.
11.HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 01-8-15-6/In the Matter of Increasing FTE by .50 in the Department of Health and Human Services by Establishing a .50 FTE Temporary Administrative Analyst Position for the Human Services Commission Management Information System Project in the Amount of $17,930.
b. ORDER 01-8-15-7/In the Matter of Accepting Revenues in the Amount of $140,000 From the Human Services Coalition of Lane County (HSCLC); to Increase Appropriations in the Amount of $50,000 in Fund 285 for Fiscal Year 01/02; and to Delegate Authority to the County Administrator to Sign a Revenue Contract in the Amount of $140,000 and an Expense Contract Amendment in the Amount of $50,000 with Looking Glass Youth and Family Services.
c. ORDER 01-8-15-8/In the Matter of Award of a Contract for RFP No. RIS 00/01-01 for Area Information Record System (AIRS) Adult Corrections Jail Management System.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Green SECONDED.
12. COMMISSIONERS' ANNOUNCEMENTS
Dwyer and Weeldreyer stated they would be attending the AOC Legislative Meeting.
Morrison announced that she and Tony Bieda would be in Portland on Monday with the national committee that was appointed under the new forest county schools legislation. She also announced that it was Senior day at the Lane County Fair and the Board would be serving pie and ice cream.
13. OTHER BUSINESS
14. EMERGENCY BUSINESS
There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 11:00 a.m.