BOARD OF COMMISSIONERS'
September 26, 2001
Commissioners' Conference Room
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
A discussion about the appointment of a new house member to District 42 and a letter to employees about the September 11, 2001 tragedy.
2. PUBLIC COMMENTS
Fred Hamlin, President, Horse Animal and Livestock Association of Lane County, 29773 Gimple Hill Road, Eugene, stated that currently the youth and family of Lane County are locked out of the fairgrounds for animal use. He said the dedication and refinance of the sweep funds for the next five years is critical to the development and re-entry of the animals. He asked the Board to support the refinance. With regard to animal usage, Hamilin noted that it was now going out of the county because their use had been denied at the fairgrounds.
Jeff Boiler, 84754 Hilltop, Pleasant Hill, Secretary and Treasurer, Lane Education Foundation, stated his foundation raises money for projects including the Planetarium. He noted his office drafted a pledge agreement that had become an appendix to the intergovernmental agreement between the County and the Fair Board concerning the installation and operation of the new planetarium equipment. He said their foundation asked the Board for support to fund the capital improvement around a new Planetarium at the fairgrounds.
Steve Moe, P. O. Box 847, Springfield, Chairperson, Redistricting Task Force, stated the committee members were appointed by the Board to bring the 1990 commissioner district map up to the year 2000 and make all five districts as close to equal in population as was reasonably possible. He said he was chosen as the chairperson and brought no pre-conceived plan and has none. He noted the committee’s original charge was for one scenario and that was what they started with. He said the process was to find consensus on important points and the final product. He said it didn’t always work so they moved to motions and voting. He noted that it became clear at the second committee meeting that many of the members were starting to form a common direction, but one person thought there should be a different way. He said they discussed the points for over an hour and never found consensus. He then asked each member what they wanted to do and asked for a motion and a vote for direction to staff so new data could be furnished. He added that never in the process had staff had any influence on their direction. He said the committee (Rick Lindholm, Warren Weathers, Scott Bartlett, Greg Evans, Sky Chamard, Denise Pratt and himself) were all appointed by the Board. He said after the second meeting, rumors went around and some commissioners reacted. He stated their scenarios had been modified and the process would be more complex. He was disappointed that the commissioners did not ask for information from the chair and also a different view of the circumstances. He said some committee members could be passionate in what they believe they should be doing and he respected those feelings, but they did not come together to present seven different scenarios, their goal was to present the Board with the best possible one that would be supported by a majority of the members and be the best for Lane County. He stated they have scheduled extra meetings and are using staff more extensively. He said they would be providing the commissioners with additional scenarios. He said the committee was trying to achieve their original goal, with a map that is as close to zero percent deviation as possible. He said they tried leading by majority but it had been taken away.
Morrison shared Moe’s concerns. She didn’t think there were any outside agendas.
3. EXECUTIVE SESSION as per ORS 192.660
To take place this afternoon.
4. COMMISSIONERS' BUSINESS
a. PRESENTATION/Cottage Grove Sesquicentennial.
Marie Longfellow, Jo Ann Skelton and Jim Foundry gave a presentation about Cottage Grove.
b. DISCUSSION/Following Discussion with Technology Management Team - Revised Board Order/County Internet Web Site Regarding District Attorneys, Public Defenders, etc.
Gary Ingram, Information Services, stated he came back to the Board on the direction from the Public Hearing on August 15. He noted the change in Lane Manual is to set up a procedure for putting public records on the Internet and identifying critical information that would not be on any of the websites. He wanted clarification about putting services onto the Internet. He said one of the issues of the Strategic Plan was to put information and services on the web so people could have that available and would not have to come to the Public Service Building.
Dwyer said the building permits and sheriff reports are appropriate, not an invasion of privacy, and don’t put anyone at risk. He said they need to move forward to better define what type of records may put people in jeopardy.
Weeldreyer thought Board direction was for Land Management permit tracking and for sheriff reports to move ahead and to follow the guidelines that were presented at the public hearing. She noted Sorenson wanted a Technology Management Team (TMT) meeting that would be open to the community to discuss any other restriction that had been placed on information and to internal work within the departments. She added if someone called to say they didn’t want their name on the web, that should happen and their information shouldn't get on the web. She thought that was what they needed.
Sorenson noted after the public hearing on the ordinance they did want to move forward with Land Management Division and the Sheriff’s Office. He added there was unanimity. He said with the more controversial items, there had been concerns by the public. He suggested inviting representatives of the public to meet with the Board.
Ingram stated it wasn’t clear if Land Management and the Sheriff had to come back before the full Board, or if they could put the information on the web, interacting with the TMT.
Green recalled that there would be a trial program for Land Management and the Sheriff’s Department. He didn’t think Ingram needed to go back to the Board for this to go forward.
Morrison stated the Board’s expectation was that approval was given on a trial basis to see how it would work. She said regarding Sorenson's comments, there had been other groups since the last meeting that had submitted letters and concerns.
Ingram noted that TMT had to work on the procedure for accepting those types of requests and putting them in a database that could be edited. He added the items that were listed in the change to the Lane Manual would not be put on the web. He noted they didn’t have any process for excluding information.
Weeldreyer recalled that it was proposed by TMT that there was specific discreet information that would not be placed onto the web, including social security number, driver’s license, mother’s maiden name, credit card and bank account information, residential phone numbers, health or medical records or place of birth. She added it provided an opportunity for people to not have information placed on the website. She noted they still had to follow public records law. She said instead of having TMT do a public meeting, that TMT could meet with individuals that have concerns.
Green was supportive of this going forward. His concern was budgetary.
Van Vactor was concerned that a filter would have to be built that would consume staff time and might impact the budget.
Darrell Landrum, Information Services, explained the policy was designed as a safeguard to protect citizens and personal identification would never get on the website. He stated there was nothing currently in Lane County to do that. He added they wanted to make sure data went through an approval process of review and analysis prior to being put out on the web.
Wilson noted what Information Services was trying to get clarification on the policy about what Lane County puts on the Internet. She added it does not alter an individual or a company’s right (under the public records law) to request a bank of data and they are legally entitled under the Public Records Law to get that. She said if there was desire from the public or the board to make a change, it would take legislation.
Morrison reiterated that the permit tracking and the Sheriff’s Department, they would go forward (on a trial basis) in placing information on the Internet. She suggested they come back to the Board in a year with a report.
Green wanted a scoping analysis to determine costs as part of the report back.
Morrison suggested Weeldreyer have another meeting with the TMT. She was concerned about spending staff time and dollars.
Ingram stated he would work with TMT to develop a strategy and the most inexpensive way to get information out to the public.
Dwyer said they needed to be able to answer questions the public may have. He said they have to develop a tickler system that would cross-reference people who ask to be taken off records. He noted the Board’s goal is consistent with the strategic plan to make government more efficient, so a service is provided that minimizes the impacts on the citizens.
Van Vactor explained that LCOG was also working on getting information on the web. He suggested that there be a presentation at TMT of their plans.
c. ORDER 01-9-26-1/In the Matter of Approving the Lane County Juvenile Crime Prevention Plan 2001-03 Budget Update.
Green explained this was the Juvenile Crime Prevention Plan that was being submitted to the state and it had to go before the Board for approval. He added it was required by the Juvenile Crime Prevention Advisory Committee. He noted Lane County’s plan was superior to most he had seen. He explained they were given direction to build a budget on $2.5 million, but the final allocation was $2.4 million. He noted Lane County’s charge was basic and prevention services. He said the Board was required to give direction to the PJJC and CCF that it be a single plan.
Green stated the Board would be receiving a letter from Children and Families and the Criminal Justice Committee about having a meeting.
MOTION: to approve ORDER 01-9-26-1.
Dwyer MOVED, Green SECONDED.
d. DISCUSSION/New House District 42
Morrison explained she received a memo from Jim Rice of the Democratic Central Committee and they were in the process of forwarding to the Board the replacement for Bill Morrisette’s seat in District 42. She stated they set October 25 from 9:00 a.m. to 2:00 p.m. for interviews.
e. DISCUSSION/Letter to Employees
Morrison stated she received a letter from Douglas County (to all Oregon County commissioners) stating that NACo had asked counties throughout the nation to organize a fundraising effort for those affected by the tragedy of September 11. She brought this to the Board, encouraging employees to participate in the fund raising activities. She added there would be a letter that would go out under the Board’s letterhead and the employees would decide to participate.
Van Vactor suggested Melinda Kletzok draft a letter for the chair’s signature to go out to employees.
5. COUNTY ADMINISTRATION
6. MANAGEMENT SERVICES
a. REPORT/Lane County Animal Regulation Authority (LCARA).
David Suchart, Management Services, reported that 1993 was the last time the Board had been involved with LCARA. He complimented Mike Wellington and his staff for operating the agency. He stated he had been receiving less phone complaints and more compliments.
Suchart was concerned about the stability and viability of LCARA if funding drops off next year. He said a loss of $142,000 would greatly affect them. He said the county has grown and so has the animal population. He noted there is only one officer for the rural area on patrol. He said they had identified staffing, operating the agency, and working on the building so it could operate effectively. He noted they made improvements on the website so people could identify their animals on line, but not everyone has access to a website. He added hours where people could claim their animals is also a concern.
Dwyer had asked for a chart of licensed animals. He wanted to see the failures as well as the successes. He shared Suchart’s concern of the loss of the video lottery dollars. He wanted to work on the shortfall.
Suchart noted the problem about obtaining statistics was that most of the files were missing. He could only get the current list of licensees.
Morrison asked if Suchart looked at other revenue that could be used.
Suchart said they were listing options. He said licensing and other issues could be addressed, but they wanted feedback from the Board. He said they would look into contracting for larger animals.
Dwyer stated they needed a citizens task force. He said they have to identify community resources and think about the reestablishment of the tri-agency so all of the parties were participating at some levels. He said they have to look into collecting licenses for the Cities of Springfield and Eugene. He said they should work with the city managers regarding the Eugene Spay and Neuter Clinic, revising the counter, with the City of Eugene resuming the responsibility. He said a joint meeting with the public and those agencies needs to take place, addressing the problems. He wanted to design a plan for success.
Weeldreyer echoed Dwyer’s passion on the topic. She wanted more effort on a public service campaign for more animal owners to license their animals. She also wanted to find ways to expand the volunteer force to help with LCARA.
Suchart noted they have volunteers. He said they are a regulatory and enforcement agency and that was the difference between them and Greenhill. He added they don’t get the same dogs. He said most of the dogs are obtained by officers and are not wanted and have been neglected. He noted they also had labor agreement, space, risk and liability issues. He stated their duty to the public is enforcement of the laws. That is different than giving care to animals.
Green said if this was a priority for the Board, they need to provide specific direction. He supported a task force of limited duration.
Dwyer wanted to identify what could be done.
Green said they have to develop a strategy to make this work. He supported the use of volunteers.
Sorenson thought a task force, or a mix of people from the cities and county should be formed. He thought cooperation from the Humane Society was important as they have overlapping areas. He suggested the public information officer work with LCARA regarding volunteers.
Dwyer stated they hadn’t kept pace with modernization. He wanted to take initiative, with Wellington and the cities, to have a scoping meeting, inviting people and, identifying an ideal agency. He wanted a facilitator and would be willing to pay out of his discretionary fund to facilitate the meeting and identify the problems.
MOTION: to hold a public meeting inviting cities and the public to participate in a brainstorming session to be led by a facilitator to identify the problems of LCARA.
Dwyer MOVED, Green SECONDED.
Suchart stated he would have Christine Moody work with Dwyer.
Weeldreyer asked if Lane County was prohibited from having a fundraiser, encompassing different departments, for new monies from the private side.
Wilson was not aware of a law that addressed that specifically.
b. REPORT BACK/Implementation of Cash Handling Procedures
Suchart reported that the internal auditor did an audit last spring for the Board and this was an update from the report. He said they currently have an APM chapter designed and a draft they are using as the basis for procedures in each department. He said they had collected each department’s procedures that currently exist and analyzed them for similarities or gaps. He noted they were using Jones and Roth to do the analysis. He added they had been working with the justice courts because they don’t have accounting staffs. He stated by the end of the year there will be procedures in place that meet guidelines that are good practices for handling cash.
Weeldreyer asked when the cash handling procedures would be going into effect.
Suchart responded they would go into effect immediately, but not later than December 31, 2001.
c. UPDATE/Facilities Capital Improvement Projects
Suchart reported the mental health facility was on schedule. He announced there would be a topping off party on Thursday, October 11 for the mental health facility. He stated they continue to work on the ADA projects and the Child Advocacy Center. He noted they completed the District Attorney’s secretary pool. He said they were working on the rewiring of the Public Service Building and completed the chiller on the roof. He stated he had been working with the Boy Scouts on the potential for relocation of their site.
Sorenson asked about the status with the annex building.
Van Vactor responded they were waiting on what will happen with the state building. He said if things don’t work out they might bring to the facilities committee the possibility of a general obligation bond to present to the citizens in November 2002 to replace the facility.
7. PUBLIC WORKS
a. TWENTY-SIXTH READING AND SETTING TWENTY-SEVENTH READING AND ACTION/Ordinance PA 1132/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan to Adopt a Revised “Transportation Element” and Related Changes to the Plan Text; Adopting Revisions to the Eugene-Springfield Transportation System Plan (TransPlan); and Adopting a Severability Clause.
Tom Stinchfield, Public Works, stated the packet the Board has represented the plan that had been adopted by the City of Eugene on September 10, and the City of Springfield and LTD on September 17, 2001. He noted final action is scheduled for October 17, 2001.
MOTION: to move the Twenty Sixth Reading and Setting a Twenty Seventh Reading and Action for October 17, 2001 on Ordinance PA 1132.
Dwyer MOVED, Weeldreyer SECONDED.
Sorenson asked about Chapter 3, page 65, on revenue shortfalls. He didn’t think a transportation utility fee was included.
Stinchfield responded the cities wanted it. He noted there was a change in language on the last two pages of Exhibit B 1, as a way of covering the City of Eugene’s shortfall. He said they think the TUF is still an issue and they were cognizant about the concerns the Board had. It was not resolved.
8. CONSENT CALENDAR
A. Approval of Minutes:
August 8, 2001, Public Hearing, 3:00 p.m.
August 9, 2001, Public Hearing, 5:00 p.m.
B. Health and Human Services
1) ORDER 01-9-26-2/In the Matter of Appointing a Designee of the Community Mental Health Director to Direct a Peace Officer to Take a Mentally Ill Individual Into Custody According to ORS 426.233.
2) ORDER 01-9-26-3/In the Matter of Appropriating an Additional $41,902 in Revenue and Expenditures in Fund 286 Allocated Through Revised Grant Award 065 for Individuals With Developmental Disabilities for the 2001-2002 Year. (34)
3) ORDER 01-9-26-4/In the Matter of Accepting an Intergovernmental Agreement with the State of Oregon for Inpatient Psychiatric Services in the Amount of $2,000,000.
C. Public Works
1) ORDER 01-9-26-5/In the Matter of Relinquishing Reversionary Interests in Properties Conveyed to the City of Eugene.
2) RESOLUTION AND ORDER 01-9-26-6/In the Matter of Setting a Public Hearing on the Proposed Surrender of a Portion of Dale Kuni Road, County Road Number 225 and 230, From Cloverdale Road, Northerly 4230 Feet, to the City of Creswell.
3) RESOLUTION, NOTICE OF HEARING AND ORDER 01-9-26-7/In the Matter of Setting a Public Hearing on the Proposed Vacation of a Portion of Goble Lane (County Road Number 734) Located in Section 31, Township 17 South, Range 4 West of the Willamette Meridian (17-04-31).
4) RESOLUTION, NOTICE OF HEARING AND ORDER 01-9-26-8/In the Matter of Initiating Proceedings to Withdraw County Road Status (But Not the Public Road Status) From a Portion of Goble Lane (Lane County Road Number 99 and 734), Connecting to Greenhill Road, Located in Sections 30 and 31, Township 17 South, Range 4 West of the Willamette Meridian (17-04-30 & 31).
D. Workforce Partnership
1) ORDER 01-9-26-9/In the Matter of Appropriating an Additional $440,950 in Revenues and Expenditures, and Adding Three Employment Specialist Positions in the Workforce Partnership Department (37), Fund 249.
Dwyer requested that C. 1) be pulled.
MOTION: to approve the balance of the Consent Calendar.
Dwyer MOVED, Sorenson SECONDED.
Dwyer asked this to be pulled. He said the City of Eugene wanted this to make a swap and some of the land they are contemplating would be utilized for a park. He didn’t mind the reversionary agreement, but wanted an agreement that the land they are swapping for would be utilized for a park.
Don Maddox, Public Works, responded they had nothing in writing from the city to that effect.
Dwyer stated if they agreed that any trade they make would be utilized for park purposes he would go along with this order.
Maddox noted the property was better suited as a park and that was their intent.
Dwyer wanted in writing that that property would revert back to Lane County if they didn’t keep their word.
Sorenson requested Maddox ask the City of Eugene for that in writing.
Van Vactor asked if a letter would be satisfactory.
Marc Kardell, Assistant County Counsel, understood the city was going to acquire land by exchange.
Maddox explained the ORS they cited originally to transfer ownership to the city by relinquishment has a clause that they could do that at no cost if it is for a public purpose. He said they do it as a way of transferring ownership to another public entity and not having to charge them. He added he would not recommend the county take back ownership, as there are significant liability issues.
Kardell stated they could ask for a deed restriction and allow Lane County to enforce that to make the exchange.
Green’s recommendation was to go to the City of Eugene to see if they would be willing to swap land. He said the simplest way is to have a statement of what their intentions are.
Dwyer said he would take a letter from the city.
Green requested that he work with Maddox so it would be acceptable to everyone. He suggested tabling the matter.
9. HEALTH AND HUMAN SERVICES
a. ORDER 01-9-26-10/In the Matter of Increasing the Current 0.5 FTE Nurse Supervisor Position in the Department of Health and Human Services to 1.0 FTE.
MOTION: to approve ORDER 01-9-26-10.
Green MOVED, Weeldreyer SECONDED.
10. COMMISSIONERS' ANNOUNCEMENTS
There being no further business, Commissioner Morrison recessed the meeting at 12:00 p.m.