November 28, 2001

9:00 a.m.

Commissioners' Conference Room

APPROVED 3/20/02


Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Peter Sorenson and Cindy Weeldreyer present.  Bobby Green, Sr., was excused.




Weeldreyer added a resolution under Commissioner’s Business.






3. EXECUTIVE SESSION as per ORS 192.660






a. RESOLUTION 01-11-28-1/In the Matter of Supporting the Candidacy of Umatilla County Commissioner Bill Hansell for NACo Second Vice President.


MOTION: to approve RESOLUTION  01-22-28-1.


Dwyer MOVED, Weeldreyer SECONDED.


b.  RESOLUTION 01-11-28-2/In the Matter of Supporting the Election of Coos County Commissioner John Griffith for Board Position 35 on the Council of Forest Trust Land Counties.


MOTION: to approve RESOLUTION 01-11-28-2.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.




a. REPORT/Extension Services.


Bo Freeman, OSU Extension Service, passed out magnets.  He said it was part of their 90th anniversary party. He gave an oral report (Copy in file).


Freeman noted there was a vacancy position with 4H and the state will backfill the position with money to hire someone temporary.  He said they would hire another program assistant, taking those dollars out of reserves and they will see how the state budget turns out.


Freeman stated that September 11 had slowed their business, but there had been more phone calls on the food lines.


Freeman passed out the state budget (copy in file).  He said it was what the chancellor for the Oregon University System had suggested.  They showed different scenarios of what could happen with the budget.  He noted there were suggested cuts for the Extension Service because it was not part of the core curriculum of the university.


Dwyer suggested a one percent surcharge on commodities to help the Extension Service.


Freeman responded that with Lane County Extension, most of their contacts are not with commodity groups, it is with homeowners and homemakers.  He noted he would be having a meeting with the leadership of the Extension Service and will bring it up.


Freeman noted if it goes to 17% for extension cuts, it would affect 35 to 40 faculty members, or an average of one per county.


b. ORDER 01-11-28-3/In the Matter of Approving the Benton, Lane, Lincoln (BL3) Regional Strategy Plan.


Cynthia Van Zelm, LCOG, stated the update to the Regional Investment Strategy is a guide to the Regional Investment Board to determine the vision and strategies to meet the goals of the Board.  She added it gives the Board direction on funding for projects.  She said the plan needs to be approved before project solicitation begins.  She noted the strategy also includes the work program for Cascades West Economic Development District and directs the economic and community development activities of LCOG and Cascades West.  She noted in pages 1-1 to 1-3, and 1-10 to 1-12, are the visions, goals and the main part of the document updated under the guidance of a planning committee of the Regional Investment Board.  She added the document has an extensive evaluation section and it measures the effectiveness of the program.  It looks at performance measures for the specific projects that were determined to receive funding.  She added it also includes information about the "four county" region.  She said the document was available to people on their mailing list and through their website.  She noted there were four focus groups which held a public forum in Lane County on October 9 to review the document.  Most of the comments were general in nature.  She said that the Lane Economic Committee also reviewed the documents.  Their comments were on the partnerships between higher education and business with the changes noted on 2-28.  She noted the Regional Investment Board did approve the strategy on October 29 and the three other commissions had approved the strategy.  She stated the document is scheduled for final approval by the Oregon Economic and Community Development Commission on December 13.  She added they would begin project solicitation in December, with projects due February 1.  She said they would expend approximately 75% of the funds in the first part of  the biennium.


MOTION: to approve ORDER 01-11-28-3.


Weeldreyer MOVED, Dwyer SECONDED.


VOTE: 4-0.


b. ORDER 01-11-28-4/In the Matter of Appointing Michael Galvin to the Lane County Vacancy on the Benton, Lane, Lincoln, Linn Regional Investment Board.


MOTION: to approve ORDER 01-11-28-4.


Weeldreyer MOVED, Dwyer SECONDED.


VOTE: 4-0.


c. DISCUSSION/O&C Special Dues Assessment and Proposed Endowment Fund Participation.


Morrison discussed Enclosure 1 of the packet (copy in file).  She noted that under the estimated total payments through 2006 (Federal Legislation PL106393), Lane County would receive is $88,041,283.  She added the estimated total payments through 2006 (if they had not passed the legislation) would have been $6,871,500.  She said without the legislation from O & C, Lane County would be looking at other funding issues.  She stated the O & C Board had put forward an increase to all of the O & C counties for a special assessment.  She stated the one-time assessment would cover expenses Lane County would have to incur as they move forward.  She noted the special assessment would be $10,211.50.  She added Lane County’s portion of the endowment would be $150,000 in 2001 and $75,000 in 2002.  She said the formula that had been used since the endowment was set up in 1989 had been used to further endeavors in Washington, D.C.  She added that Lane County had not been a participant in the endowment.  She noted Lane County receives a billing proportionate to legal costs.


Weeldreyer stated they paid this four years ago while looking for ways to cut costs during budget shortfalls.


Van Vactor recalled when the endowment was originally created, there was no long-term commitment, but Lane County would pay its share of the endowment annually.


Morrison stated that the Board needed to decide whether to participate in the endowment or to continue on an annual basis.


Dwyer asked what the fee was based on.


Van Vactor responded it was based on revenue Lane County would receive.


Weeldreyer asked what Lane County would be paying.


Morrison responded there were two different actions, one is $10,000 that is a one-time only special assessment.   The other is becoming active in O & C.  She said if they choose not to join the endowment, they could continue with the current process.


Dwyer said they were looking at resources and definition changes that were taking

money away from other programs.  He said they have $1.8 million in a fund and by

using budgetary imagination, they could take care of the future problems.


Van Vactor recommended Dave Garnick return with a memo on different funding options.


Weeldreyer supported Lane County’s continuing role in leadership in the O & C Counties.  She said if there wasn’t too much difference in what they do on an annual basis, or if they were part of the endowment, she would vote to make payments every year to O & C, as they play a big role in Oregon and on the national scene.  She wanted more specifics from Garnick, and this returned as an action item.


e. RESOLUTION 01-11-28-18/In the Matter of Recognizing Darrel Kenops for Service to the Willamette National Forest  


Weeldreyer reported the supervisor of the Willamette National Forest, Darrel Kenops was leaving to take a special assignment with the governor’s office.


Weeldreyer read the resolution into the record.


MOTION: to approve RESOLUTION 01-11-28-18.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. Announcements


Van Vactor announced the Civil War Football Game would be Saturday.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 12-01/In the Matter of Amending Chapter 4 of Lane Code to Revise the Definition of Rental or Renting to Limit the Rental Fee Exclusion to Fees or Charges for Refueling (LC 4.205).


Rich Fay, Parks, stated he proposed this to the Finance and Audit Committee.  They suggested he come before the Board to propose the amendment (Chapter 4 of the Lane Code) for the car rental tax.  He said they had discovered in monitoring the car rental tax that some firms had been taking inappropriate and significant exemptions from the amount due the car rental tax.  He noted the exemptions had been from 10.41% to 98.6%.  He proposed a change to eliminate language that is not specific.


MOTION: to approve the First Reading and Setting a Second Reading and Hearing on Ordinance 12-01 for December 12, 2001 at 1:30 p.m. in the Commissioners Conference Room.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.


b. RESOLUTION/ORDER 01-11-28-17/Recognizing the Silver Anniversary of the Short Mountain Landfill.


Craig Starr, Public Works, noted the approaching end of the first twenty-five years of operation at the Short Mountain Landfill.  He noted Lane County was the leader in the state with highest recovery rate for solid waste management system in the state and in disposal at Short Mountain.


MOTION: to approve ORDER 01-11-28-17.


Dwyer MOVED, Weeldreyer SECONDED.


Morrison read the resolution into the record.


VOTE: 4-0.


c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1166/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from “Forest” to “Rural”, Rezone that Land from “F-2 Impacted Forest Lands” to “RR-5/Rural Residential”, Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (File PA 99-6389; Johnson).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on December 12, 2001, at 1:30 p.m. on Ordinance PA  1166.


Weeldreyer MOVED, Dwyer SECONDED.


VOTE: 4-0.


d. FIRST READING & SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1165/In the Matter of Naming a Newly Constructed Frontage Road Connecting to Weatherberry Lane, Along State Highway Number 58, Vicar Road (18-02-34)


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on January 16, 2002, at 1:30 p.m. for Ordinance PA 1165.


Weeldreyer MOVED, Sorenson SECONDED.


VOTE: 4-0.


e. DISCUSSION AND ACTION/Revising Public Works Land Management Division Revenue Projections and Recommending a Cost Reduction Strategy.


John Cole, Land Management, explained Land Management Division receives approximately 86% of its revenues from development permit fees.  He added by County policy, they attempt to limit the use of general funds.  He noted this year  projected revenues would be down approximately 14% and if the remainder of the fiscal year continues at the same pace, it would be a $409,000 problem for Land Management.  He commented they had to make up that amount by asking for general property tax revenues or reducing the cost.  He said he had been to Finance and Audit Committee on two occasions.  He said it involves looking at their Materials and Services budget and making cuts.  It also involves leaving vacant positions open and staff cuts where people are currently working.


Cole used three goals in the decision to reduce positions. He attempted to balance program revenues against program expenses, with the exception of maintaining compliance program activities with two compliance officers.  He added they attempted to maintain direct customer service.  He noted the staff cuts were within the planning program.   He explained Exhibit D (copy in file).  He added by cost saving the division would not use the general fund.  He noted the cuts within the planning program would cause a drastic reduction in long range planning activities in the coming year.  He added there is a package of code and comp plan amendments for Board review in January.  He added at the end of those work items it will be hard to pick up new long-range planning activities for the remainder of the fiscal year.  He commented they would lose their internal mapping capability and it might be hard to replace.  He said they would need to take a look at their public information services.  He noted the Florence annex might be closed.


Dwyer didn’t like layoffs but he didn’t know what the alternative would be.


Sorenson asked what the tangible impact would be on the public from the staff reductions.


Cole responded:  reducing long range planning activities.  He passed out a list of projects they would not work on. (Copy in file).  He said there could be a conflict with the DLCD if Land Management is not keeping schedule with the rural comprehensive plan amendment.  He added there is an opportunity for DLCD to withhold tax revenues the state would give to Lane County.  He said if they fall behind in their ability to process a land use application within 180 days, the applicants have the option of claiming a Write of Mandamus against the County.  He noted there might be problems and he would try to minimize them.


Morrison noted if the numbers continued to decline, then the volume goes down and it should balance itself out.  She said that Finance and Audit decided it was more important for customer service to serve the customers in a greater capacity than working on the planning function that doesn’t generate fees.


Sorenson asked what projects would go away.


Kent Howe, Land Management, responded the impact would be local.  He said that Willamalane Parks was interested in having County involvement in the development of the parks master plan.  He said that Lane County Parks would be involved in updating its master parks plan.  He said the Region 2050 planning effort and any improvements the Board might want to have made on the riparian protection regulations would not be done. He added there were groundwater code amendments and the legal lot and property adjustment issue.  He said the local level is being hit the hardest.  He added the periodic review would be coming to the Board and they would need to amend it, and get LCDC to agree with that. 


Cole noted they would close the Florence annex and try to maintain the rest of the services.


Dwyer’s concern is that people are entitled to due process in a timely fashion.  He asked how many permits were close to the 150-day rule. 


Howe responded there are a number of plan amendment applications that are not subject to timelines that are in excess of the 150-day rule.  He noted the ones that are required are on target for meeting the rule.  He said more staff is being directed to do application processing.


Van Vactor explained page 2, of Title 3 revenue.  He said the Board would be discussing that issue.  He said they would recommend $80,000 of revenue be committed and that Lane County is eligible to get reimbursed for the deficit. 


Morrison stated she and Green visited the Planning and Building Department prior to their awareness of this situation. She said they had concerns about what they found. She noted Green’s e-mail and asked that it be part of the record.   She said in looking at the strategic plan, they thought these options were best.


Cole said this was a responsible response to a downturn in the revenue.  He noted there weren’t choices left but to lay staff off.


Weeldreyer noted the Board made a policy choice for Land Management to be off of general fund support, and that is when they implemented the long-range planning fee.  She said because the department is tied to the economy of Lane County, when the economy is booming, they do well. She recalled the Board making a conscious choice to deny Land Management’s request in the good years to set aside funds to provide a more even level of service during the economic downturns.  She believed there were changes that could be made in Land Management on how they deliver product. 


Sorenson noted the Strategic Plan idea of fee-funded activities was good.  He said having the fees for the building permits and sanitation support the government process.  He was against fee funding for planning.  He thought there should be an enterprise fund when there is a downturn in the economy.  He was comfortable with moving ahead with this recommendation.


Snowden commented that even though the positions cut are in Land Management, they have a position in Public Works.  He noted the proposal was that they create a 12-month associate planner position from the road fund in Transportation Planning, to get the transportation system plan completed through adoption.  He said they would be taking an associate planner that otherwise would have been laid off.  He added they would need board direction and a supplemental budget to make it happen.


MOTION: to approve the short term staff recommendation, by directing staff to implement the recommendation by amending the Land Management Division appropriate revenue figures and reflect the shortfall and permit revenues and tentative allocation of Title III revenues and institute cost savings measures including a reduction in the work force.


Dwyer MOVED, Weeldreyer SECONDED.


Weeldreyer commented this was not just a Land Management decision, but a Board decision.  She said there are choices made in the past that contributed to the Board having to pass this motion for cost reduction strategies.


VOTE: 4-0






A. Approval of Minutes:

November 6, 2001, Public Hearing, 9:00 a.m.

August 28, 2001, Work Session, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 01-11-28-5/In the Matter of A Refund to Shorewood Packaging Corporation in the Amount of $117,264.01.


C. Health and Human Services


1) ORDER 01-11-28-6/In the Matter of Accepting an Intergovernmental Agreement #100953 with the Oregon Department of Human Services and Appropriating an Additional $60,000 in Revenues and Expenditures in Fund 286 in the Department of Health and Human Services (34) for Services to Reduce Underage Drinking and Related Problems.


2) ORDER 01-11-28-7/In the Matter of Delegating Authority to the County Administrator to Sign a Contract with the State of Oregon to Provide Pre-Trial Supervision Services in the Amount of $49,588.


D. Management Services


1) ORDER 01-11-28-8/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to “Lane County Trust” (Map #20-03-29-42-01000, SE Corner of Birch and Q, Cottage Grove).


E. Public Works


1) ORDER 01-11-28-9/In the Matter of Vacating Kosey Road (Which Includes a Portion of County Road Number 1266) Located South of Latham Road in the Northwest Quarter (NW ¼) of Section 8, Township 21 South, Range 3 West of the Willamette Meridian, in Lane County Oregon, Without a Public Hearing, and Adopting Findings of Fact (21-03-08).


2) ORDER 01-11-28-10/In the Matter of Vacating the Two Public Alleys in Block 1 of the Plat of Hubert, as Platted and Recorded in Book 6, Page 32, Lane County Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (16-05-10-32).


3) ORDER 01-11-28-11/In the Matter of Vacating a Portion of Enterprise Road (County Road Number 651) Located at the Intersection of Papenfus Road and in the Northeast Quarter (NE ¼) of Section 10, Township 19 South, Range 2 West of the Willamette Meridian, in Lane County Oregon, Without a Public Hearing and Adopting Findings of Fact (19-02-10).


F. Workforce Partnership


1) ORDER 01-11-28-12/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.




MOTION: to approve the Consent Calendar.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.




a. ORDER 01-11-28-13/In the Matter of Approving Revised By-Laws for the Lane County Commission on Children and Families.


Pat Rogers, Commission on Children and Families, explained this was a revision in the bylaws.


Susie Johnston, Chair, Membership Committee, noted there was a revised statute that makes a change in the term limits for commission members.  She said Oregon Statute 417.765 states local commission members could serve not more than two executive terms, but Section 3.506 does allow County Commissioners the option of reappointing an incumbent to more than two consecutive terms.  She noted the membership committee made a recommendation to the full commission on Children and Families and asked that they add a third youth position.  She said they voted unanimously to add another youth, bringing the members from 17 to 18.


MOTION: to approve ORDER 01-11-28-13.


Dwyer MOVED, Sorenson SECONDED


VOTE: 3-0 (Weeldreyer left the room).


b. ORDER 01-11-28-14/In the Matter of Appointing Two (2) New Youth Members and Reappointing Four (4) Current Members to the Commission on Children and Families.


Johnston explained that the membership committee recommended to the Commission on Children and Families to bring this to the Board, recommending Emma Gietzen, to the vacant youth position and Quinn Wilhelmi as the new youth position.  She asked that James Mattiace, Susie Dey, Dianne Burch and Don Crist be reappointed.


MOTION: to approve ORDER 01-11-28-14.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.


c. ORDER AND RESOLUTION 01-11-28-15/In the Matter of Approving the Lane County Commission on Children and Families Revenue Carryover for the 1999-2001 Biennium in the Amount of $76,964 and the Submission of the Oregon Commission on Children and Families Carryover Request Form.


MOTION:  to approve ORDER AND RESOLUTION 01-11-28-15.


Sorenson MOVED, Weeldreyer SECONDED.


VOTE: 4-0.




a. ORDER 01-11-28-16/In the Matter of Authorizing the County Administrator to Execute a Lease Amendment with the State of Oregon for an Expense Not to Exceed $340,000 and to Execute a Sub-Lease Agreement with Inact for Approximately $92,000 in Revenue for State Owned Office Space Located at 165 East Seventh Avenue.


MOTION: to approve ORDER 01-11-28-16.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0.










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



Melissa Zimmer

Recording Secretary


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