BOARD OF COMMISSIONERS REGULAR MEETING

December 5, 2001

9:00 a.m.

Commissioners' Conference Room

PASSED 1/16/02

 

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

Item 4. c. had been pulled, adding a discussion about a Landwatch letter in its place.

 

#2. PUBLIC COMMENTS

Dennis Morgan, Vice President, Horse Animal Livestock Association, believed the Fair Board was going to present an aggressive bond refinance with cash up front.  He suggested a straight line refinance as more appropriate.  He noted the Fair Board had decided not to support animal use of the fairgrounds for a variety of reasons.  He  questioned if the Fair Board spending $650,000 for two events a year was a worthwhile use of public funds.  He said the money could be better used for finding another facility where animal use could be  year-round.  He suggested the Fair Board produce a list of foundation money and the amount of dollars coming into the fairgrounds for fairground projects.

Tim Quade, 83246 Lorane Highway, Eugene, stated there might be alternatives for solutions in dealing with the discharge from the horses at the fairgrounds.  He suggested putting in a septic tank in line with the affluent discharge to get rid of the contaminates.  He added a better long range solution could be building an arena at Mt. Pisgah.

Sorenson asked about the status of the Mt. Pisgah location.

 

Quade responded he had been working with Rich Fay and Jake Risley from Parks for over a year on that project and it is one they endorse.  He noted he was with the Lane County Sheriff’s Posse and they were looking at redeveloping the outdoor arena that is currently on site and develop a plan for an indoor arena.

 

Dwyer stated it was a good idea. He noted they identified needs in the park system and that was one of them.  He said they are working together to develop a bonding mechanism that addresses those questions.

 

Quade added they had developed sources for funding, and over 50% of the cost could be developed by private funds.

 

Dwyer heard disappointment from the community that the Fair Board is not committed to animals.  He also heard the threat of a lawsuit was an excuse to take another approach to manage the fair, not including animals. 

 

Green agreed that years ago Lane County had the venue for the horse shows.  He noted when Linn County built their new facility, they developed the infrastructure.  He noted that the City of Eugene was putting restrictions on the fairgrounds and once Lane County solves the discharge of the animals then they could discuss animals at the fairgrounds.  He stated until they solve that problem, Lane County is stuck.

 

Quade concurred with Green.  He wondered if the fairgrounds should be an option, considering all of the problems with that location as part of the general bond obligation.

 

3. EXECUTIVE SESSION as per ORS 192.660

 

To take place this afternoon.

 

4. COMMISSIONERS' BUSINESS

 

a. 01-12-5-1/In the Matter of Approving Amendments to the Intergovernmental Agreement Creating the Benton, Lane, Lincoln and Linn (Bl3) Regional Investment Board (RIB); and the Intergovernmental Agreement Designating Cascades West Economic Development District as Administrative and Fiscal Agent.

Cynthia Van Zelm, LCOG, explained these were two second amendments to amend the Intergovernmental Agreement (IGA) between Lane, Linn, Lincoln and Benton counties for the creation of the Regional Investment Board and to amend the IGA between the Cascades West Economic Development District and the four counties for the administrative relationship.  She noted the amendments were minor, including changing the expiration date of the IGA’s to June 30, 2003, taking the program through the next biennium and changes of the Oregon Economic and Community Development Department (changing the reporting requirements to semi-annual instead of quarterly). She added the Regional Investment Board executive committee reviewed the proposed schedule and had no changes.

 

Van Zelm noted the next steps would be approval by the three other counties and the IGA’s would be forwarded onto the Oregon Economic and Community Development Department.

 

MOTION: to approve 01-12-5-1.

 

Weeldreyer MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

b. DISCUSSION/Evaluation of County Counsel.

 

Morrison reported that overall Teresa Wilson had performed extraordinarily again this year.

 

Sorenson commented that Wilson performed successfully.  He said she had to distinguish between her goal of representing the Board and what her sense of the Board’s wishes would be, versus telling them what the law tells the Board to do.  He wanted her to err on the law side.  He gave her a positive evaluation.

 

Green complimented Wilson on her protection of the Board from the public.  He said she was always accessible for the Board. He appreciated her flexibility during the redistricting process. He graded her a nine or exceptional.  He encouraged her to try to diversify her staff with people of color.  He wanted documentation of a demonstrated effort that she had done that.  He said that Wilson should continue providing the Board with the best management and legal practices available.

 

Weeldreyer stated she scored Wilson mostly eights and nines as she and her staff had a lot of work. She stated that Wilson delegated work very well. She said Wilson had a sensitivity and a way of communicating that makes her a valuable member of both the Management Team and the Leadership Team of Lane County.  She added that Wilson brings integrity to Lane County.

 

Dwyer stated he had a philosophy that there are certain people who work for the government and the Board who should be at will and not for cause.  He said he had given Wilson constant feedback and he scored her an eight.

 

Morrison commented that work with Wilson was a pleasure and her recommendations to the Board are well founded.  She liked her conservative approach in trying to keep the Board out of further legal actions that could cost the taxpayers money.

 

Wilson thanked the Board for the positive comments.  She credited the rest of her staff for her positive review.  She noted she was involved in actively recruiting in the Minority Law Student Program.  She noted it was a pleasure and a challenge to work with the Board.

 

Van Vactor concurred with the positive remarks Wilson received.  He said the one area that she could be doing more in was leadership.  He noted she was a senior manager and had a lot of expertise.  He thought her leadership would help out with electronic commerce and technology.

 

MOTION: to approve ORDER 01-12-5-8/In the Matter of an Employment Contract with Teresa Wilson, County Counsel.

 

Green MOVED, Dwyer SECONDED.

 

Dwyer stated, for the future, the discussion item should be Discussion, Evaluation and Extension of Contract so there is an understanding that this is an action item.  He suggested doing the same for Bill Van Vactor’s evaluation.

 

Wilson stated this board order would have a new contract written that would be a two year contract, beginning January 1 and ending two years later, she wanted her contract running from January 2002 to December 2003.

 

VOTE: 5-0.

c. UPDATE/Facilities Capital Improvement Projects.

(CANCELLED)

d. DISCUSSION/Landwatch Letter

Sorenson explained he didn’t know the context of the letter from Landwatch and asked when Rick Fairbanks wrote his letter.

 

Steve Vorhes, Assistant County Counsel, responded the original request was in April, 2001 and a response was sent in July and the most recent letter from Fairbanks was August.

 

Sorenson stated they were asking for recognition as a community organization and the legal recommendation was that they didn’t qualify. He asked what they hadn’t done to get recognition status.

 

Vorhes stated their actual request came in based on statutory provisions that provide for notice to community organizations and a waiver of fee to community organizations.  He said that Lane County had been dealing with community organizations under Lane Manual provision 3.513 and there are a number of community organizations who were recognized.  He added the manual called for specificity in what the organization would represent, and it wasn't provided.  He said the indication was they would represent all of Lane County and that creates a conflict between existing organizations and this organization.  They had not addressed that.

 

Sorenson said a community organization must be a specifically defined geographic organization and he didn’t read it that way.  He asked if the Board didn’t want community organizations.  He said if there wasn’t enough information given, he suggested asking for the information before they ruled on the application.

 

Vorhes said some of the questions were policy questions for the Board to decide.  With regard to the manual, he stated there was a provision which stated that any boundary conflict must be resolved by the groups involved, which sets up a geographic limitation.

 

Dwyer asked what the original request was for.  He recalled the purpose of the original request was to be able to appeal decisions and not have to pay the fees that are required in another part of the manual.  He said the Board has to be careful to state that anything could be done in Lane County because the Home Builders could form a community interest.  He was uncomfortable with not having to pay fees.

 

Sorenson said people live in communities, and the term could be "community with a geographic neighborhood."  He suggested the Board could tell them they needed a specific geographic community.  If interest group communities are not what the Board wants, they could deny it on that basis.

 

Weeldreyer had concerns about extending the scope of the community organization programs to special interest groups.  She said it would have a significant fiscal impact on the county.  She believed there were other ways of allowing for special interest or communities of interest to organize and network without modifying this particular program.  It wouldn’t be as costly to the County as what Sorenson was proposing.

 

Green said the letter states what needed to be stated about meeting the requirements.

 

MOTION: to send a letter to Landwatch.

Green MOVED, Weeldreyer SECONDED.

 

Dwyer recommended bringing this subject to policy and procedures as to how to make it more inclusive, while guarding public funds.

 

Weeldreyer supported the motion and believed best practices around the country were being used for community involvement following a different structure than what Lane County had in place in the Lane Manual since the 1970’s.  She believed continuing to maintain this program as geographic-centered, instead of interest-centered, does get to the heart of the problem.

 

Sorenson noted the Board should be open to creating community organizations.

 

Weeldreyer responded for this community organization (because it is tied to fees and the land use system specifically), there was a way of networking people around communities of interest.  It didn’t have to be by modifying the program. 

 

Morrison said that Landwatch was never precluded from giving public comment or testimony.  She discussed the potential decline in revenues to Lane County and how they compensate to reach out.

 

VOTE: 3-1, Sorenson dissenting.  Dwyer did not express a yes or no.

Dwyer stated this issue needed to be sent to policy and procedures.

 

5. COMMITTEE REPORTS

 

a. REPORT BACK AND ORDER 01-12-5-2/In the Matter of Approving Title III Projects for FY 01-/02 and Guidelines for Compliance with P.L. 106-393.

 

Morrison explained that she and Dwyer are on the Legislative Committee for Lane County for proposals to send forward to the Board regarding Title III monies.  She noted there was an advertisement under the federal requirements of the bill for anyone who wanted to propose a potential project for funding.

 

Terry Smith, Title III Project Coordinator, stated the advertisement was a required notice.  The statute stipulates that County projects they are proposing to fund for Title III funds must be advertised for 45 days of public comment.  He noted there were two projects that had been submitted, one never showed up and one was late in the process as a result of the advertisement.

 

Smith explained they had a list of possible projects for funding with Title III.  He said they would consider four, that had either already been performed and were approved in the FY 01 budget, or had been approved in the FY 02 budget.  There was no material in the packet about those specific services because the Board had already approved the service in the approved budget. He added the FY 02 budget had imbedded in it assumptions about the use of Title III funds to offset general fund expenses.  He noted the Board had budgeted the general fund because it was expected that Title III would offset the general fund, amounting to $1.56 million.  He stated on page 3 there were activities that offset general fund expenditures.  They believe they have taken out of the general fund budget every general fund activity that is eligible for Title III reimbursement.  The total amount is $1.16 million.  He noted they were falling $400,000 short of the goal they had set for the use of Title III funds to support general funds.  He noted that the Forest Work Camp and the Department of Youth Services were making companion Title II applications.  He said the rules on spending the money were different.  He believed that the items the two departments are submitting as Title II applications could be funded by Title III, but it would be riskier.  He said in the case of the Forest Work Camp, their application amounts to $650,000, and that would have to be spent out of the general fund if the Title II application is not made.  He noted in the third column of the spreadsheet that described the project type, some things before the Board are new and had not been in the budget before.

 

Smith stated the legislative committee had developed and recommended a set of common sense guidelines.

 

Smith noted that item 15 provided additional service.  He said when the Sheriff’s Office prepared its budget, they used a good conservative approach and allocated indirect expenses based on the 30 bed work camp they had.  He added since that time, the Board’s approved budget expanded the work camp to 95 beds.  He noted that additional indirect expenses could be allocated to the work camp because there is more activity.  The true cost of providing service to the work camp to federal lands should reflect the full burden of indirect expenses for 95 beds, not 30.  He stated approval of the recommendations and the supplemental budget on December 12 would allow the Sheriff to move the indirect expenses from one part of the Sheriff’s budget to the Forest Work Camp to more accurately reflect the full cost,  allowing recovery of a larger share of general fund expenses from Title III.  He noted the Sheriff’s Department had never had a fully developed indirect cost allocation plan that met the standard of the OMB guideline for federally approved indirect cost plans.

 

Morrison noted on expenditures on federal land, what had been projected may not materialize.  She said they were estimating the costs and it could come in less.  The Board would have to figure out how to balance the dollars.  She added Title II funds had not started but they received final approval on Monday on the RAC’s.  She hoped they would have Title II projects by May on the Siuslaw.  She said they were  working with the BLM on getting a date.

 

Smith noted it was likely that the way the funds are expended on a reimbursement basis that the end of the fiscal year, they would have to consider another supplemental budget to align general fund and Title III fund expenditures with the actuals.

 

Green asked if there would be an impact to the general fund.

 

Smith responded it was possible, but the clearest example was search and rescue.  He noted the dollar amount showed it was based on the assumption they would have the same number and size of search and rescue missions on federal lands that occurred last year (86% of the program costs) providing search and rescue on federal lands.  He added the actual experience for FY 02 would be different.

 

Green asked what happened if the funds didn’t get back into the general funds.

 

Smith said that Dave Garnick’s proposed supplemental budget that would be brought to the Board on December 12,  would reserve all or a portion of the general funds that would be displaced by the expenditure of Title III monies, to use as a reserve fund for meeting the contingency they expect.  He explained the FY 02 approved budget was already balanced, including Title III funds and general funds and the total amount is able to fully fund Lane County’s adopted budget.  He noted the amount of general fund reserve to meet unexpected contingencies was $200,000 cushion if everything went as planned.

 

Green asked if departments would scale back and look for cutbacks if the reimbursement was not the same as what was anticipated.

 

Smith believed those programs the Board approved in the FY 02 budget had already been accepted by the Board for expenditure.  He said if it turned out that Title III reimbursable amount is less than expected and general funds are needed, the Board had to deal with that as an issue of the whole general fund.  It would have to be dealt with like property tax revenues which were less than expected in the 02 budget.  He stated it was the appropriate and fair way to treat the departments who could spend the Title III funds for those items the Board had approved the budget on.

 

Jan Clements, Sheriff, noted the Forest Work Camp relied on Title II and Title III funds.  He added the camp was authorized to go to 70 beds the first sixth months and from September to November that was pushed to 75 beds.  He noted the expansion of the beds resulted in a reduction of the matrix by 40%.  That had impacted the entire County.

 

Regarding search and rescue, Clements explained Lane County provides limited policy responding to federal forest lands.  He noted this would build in additional response capability consistent with the legislation, adding five deputy sheriff's and one detective.  This would put a deputy in remote areas.

 

With regard to design study for the microwave network, Clements said the funds would go toward purchases to replace outdated equipment.  He explained it would link with other public safety functions, making it a common interoperable network.  He noted the system they have is ten years beyond its life expectancy.

 

Lisa Smith, Department of Youth Services, explained the fund would help with the application for a juvenile forest work crew and a half-time program manager to coordinated with the BLM and Forest Service, with a .25 time clerical function and 2 FTE workers to supervise the crew.  She added they would provide community service and restitution for youth on forest lands.  She said it would allow for increased community safety for youth who were matrixed.  She said the Title II would provide for a van, work equipment and pay for up to four community services workers.

 

Ken Kohl, Waste Management, stated their proposal was to use Title III funds to purchase a conservation easement that would facilitate the Short Mountain Landfill and associated wetland impacts with the continued development of the project and the Jasper Road extension.  He noted they identified property immediately south of the landfill and Title III funds would be used to purchase a portion of the conservation easement they are partnering with the Department of Fish and Wildlife through the Bonneville Power Administration.

 

Rich Fay,  Parks, stated their proposal was to purchase a conservation easement on 2.9 acre piece of property west of the Goodpasture Bridge, and the purpose of the easement would be for the preservation and protection of green space and water quality of the McKenzie River.  He noted that management by the Parks Department would ensure that this piece would be kept at a high quality to protect the natural scenic wildlife and open space values.

 

With regard to the forestry education, Morrison explained that  last spring the O & C Counties Board gave a preview on forestry education for the State of Oregon.  She said the O & C was impressed with the concept of ecological impacts on groundwater and restoration.  She noted they would have a component within the Oregon Gardens that would be the O & C classroom.  She added the Ford Foundation and Meyer Trusts would match Lane County’s money.  She said there would be a living forest and it would cover all of the children of the State of Oregon for transportation costs to the gardens.

 

Smith explained if the Board took the programs they were considering today as recommended by the Legislative Committee and the ongoing costs for next year, and if the Board were to make the exact same elections next year for Title II and Title III amounts, the total in the ongoing program expenses for next year will slightly exceed the amount they would allocate to Title III next year.  He said with what they are approving this year, they would have the capacity to continue these same programs next year.

 

MOTION: to approve ORDER 01-12-5-2.

Green MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

6. PUBLIC WORKS

 

a. ORAL REPORT BACK/On-Staff Engineer Services with Association of Oregon Counties.

 

Ollie Snowden, Public Works, recalled that several months ago the Board was concerned about the amount of money the County was spending on consultant services for the Waste Management Division as it related to Short Mountain Landfill.  He was asked to investigate whether there was any interest from other counties in creating a shared position.  He attempted to get interest but was unsuccessful.

 

Dwyer stated he was frustrated.

 

Snowden said they still have issues with roads and engineering.  He said they have to have a stormwater management plan in place by March 2003.  He added there might be requirements they have to fulfill as part of a federal mandate that could be a position.  He asked Sonny Chickering to start working on the plan.  He said there could be a position with waste management that could be shared.

 

b. ORAL REPORT/Integrated Vegetation Management Program Iris Inventory Module.

 

Snowden reported this was a report back from an item that Dean Stephens recommended in his audit last year.  He noted one of the recommendations was to obtain a cost accounting or maintenance management system that could provide the IVM program with data management and monitor accomplishments.  He said they were in the process of investigating a program that the Association of Counties has called Integrated Road Information System (IRIS).  The program is a maintenance management and a cost accounting system.  He wanted to convert their system to the IRIS system.  He explained the problem they had was the programmer had been pulled off that assignment and put on the Land Management project.  He stated he got a message from the Board that Land Management should be the focus of attention.  He noted they had done nothing on the IVM program other than to see that in some areas it is better than the system they have.  In other areas it was a step behind from their system.  He stated they had implemented new time card and crew sheet programs that allowed  measuring accomplishments of the type that Dean Stephens had referred to.  He stated when Stephens was doing his audit, Public Works had a hard time getting him information because their cost accounting program was not Y2K compliant.  He noted with the time card program that they had addressed part of what Stephens suggested.

 

Snowden’s recommendation was to move forward, collect data from the current time card program and see how that works, instead of acquiring a new maintenance management program.

 

Green suggested as soon as Snowden had something to be measured, then it could be brought back to the Board.

 

Snowden noted an option would be to come back and look at hiring another applications programmer paid from road funds who would be devoted to road fund activities.

 

Green asked where this ranked for Snowden’s priorities.

 

Snowden responded it would rank high as there was a lot they could do in the engineering division to better use technology.  He wanted to investigate IRIS to see if there were ways to import portions that would help operations and merge pieces that were better than their programs.

 

Green stated it was up to Snowden.  Green noted that Snowden was devoting time to Land Management.  If this was a high priority, Snowden should devise a plan and  give the Board a timeline.

 

7. CONSENT CALENDAR

 

A. Health and Human Services

 

1) 01-12-5-4/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment with Dungarvin Oregon, Inc., to Provide Disability Services in the Amount of $786,390.

 

B. Public Works

 

1)  01-12-5-5/In the Matter of Awarding a Contract to Papé Bros. Inc., in the Amount of $538,084, with Two (2), Trade-ins, for the Purchase of Two (2), New Crawler Tractors, Contract FY01/02 FS-07.

 

C. Youth Services

 

1) 01-12-5-6/In the Matter of Authorizing DYS to Develop and Submit a Grant Application to the Drug Court Program Office (DCPO) for up to $500,000 for the First Year of the Juvenile Drug Court Project and Authorizing the County Administrator to Designate YS Staff, Linda Wagner, as the Authorizing Representative for the Purpose of this Application.

 

MOTION: to approve the Consent Calendar.

 

Green MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

8. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer announced she was having another river problem in her district in the Thurston area.  She stated there were two different properties in two places where there is erosion in the Cedar Creek basin of the McKenzie Watershed.  She had discussions with Portland Emergency Management Army Corps of Engineers and enlisted the aid of Rep. Al King to work on the state side.  She asked Dwyer to help with a local meeting of property owners and state officials for later than mid-January. She said the Army Corp suggested getting a specialist from Oregon State University who is the head of the civil engineering program.  She said someone needed to map the tendency of the river.

 

9. EMERGENCY BUSINESS

None.

 

There being no further business, Commissioner Morrison recessed the meeting at 11:15 a.m.

 

Melissa Zimmer

Recording Secretary

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