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March 5, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - Following HACSA

1. ADJUSTMENTS TO THE AGENDA

Legislative Committee business will be added after public comment. WIC report back will be added to Commissioners' Business. There will be one item of emergency business added at the end of the meeting.

2. PUBLIC COMMENTS

Michael Balk, 260 W. J Street, Springfield, OR, stated that he has a piece of property on South 2nd Street, which is being impacted by the road project coming up this summer. He stated that his property is between the road and the river, most of which is behind the guardrail. He explained that it is right on the edge of city limits, in the urban growth boundary and that he plans to build a home on it when this project is completed. Balk said he has been very supportive of the project over the years but, at some point, things have become conflicted. He feels a sense of betrayal because the portion of his property that is not behind the guardrail will be completely barricaded off to him. He said he was told he could get a facilities permit at the time he submits his plans for his house. Balk said based on the County Assessor's map, the right-of-way has always been 40 feet; however, he has now been told that the right-of-way is really 66 feet. He commented that after the project is completed, he would like the County to sell him the remainder of the right-of-way between the guardrail and his property line.

Cornacchia suggested that rather than waiting until the project is over, Balk make a request to the County for discussion by the Board. He asked that Balk write a letter to the Public Works' Department outlining the issues and request that Pubic Works' staff bring that letter to the Board for policy guidance prior to the project being put in its final form.

Chava Kronen, 356 Horn Lane, OR, expressed concern over recent rehiring at the WIC office and, specifically, management in South Lane County. She stated that she worked at WIC from 1993-96, two of those years as the Clinic Coordinator for the Cottage Grove Clinic. Kronen commented that the hours at the Cottage Grove Clinic have been reduced to less than half of what they were a year ago and that there is no longer a designated person to run the clinic on a regular basis. She stated that when she was the coordinator, she met regularly with other Cottage Grove health care professionals to network and learn what resources were available in the community and make and follow through on referrals. Kronen requested an objective investigation into the rehiring at WIC.

Cheryl Cron, 4025 Josh Street, Eugene, OR stated that she has seven years of experience with WIC as a lead clerk between Iowa and Oregon. She remarked that she knew shortly after she started here with WIC, that the work place was dysfunctional and continued to be so until a temporary manager was hired. Cron stated that this temporary manager was able to increase productivity 50%, even with a reduction in staff. She said this was done with primarily experienced staff. Cron noted that it makes good business sense to keep your most experienced workers when you are downsizing. She requests that the Board review the program’s progress every three months and stressed that the Commissioners need to oversee this program.

Charles Phillips 1075 W. 18th Avenue, Eugene, OR, stated that he wanted to respond to a comment made by one the Commissioners at the last meeting regarding a job guarantee in private industry. He said it was amazing to him that an elected board member does not understand the important difference between a government agency and private industry. He remarked that if, in private industry, it was found that a manager ran an inefficient operation and a program was unable to keep employees due to constant destruction of morale, it would not be likely that this manager would be rehired to run the company. Phillips said, however, that if this manager somehow was rehired and continued with the corruption, it would be the company which would pay for the corruption. He said that in a government agency, a proven inefficient and corrupt manager would be paid for by taxpayers as well as by the people who were supposed to benefit from the agency by receiving less and inefficient services, if any.

Jeanine Malito, 643 Park Avenue, Eugene, OR, stated that she worked at WIC as a nutrition educator for almost four years and was a breastfeeding educator for two and half years. She said she volunteered as a breastfeeding peer counselor and on special breastfeeding projects. Malito said the WIC Program Summary provided by Rob Rockstroh last week contains misinformation and half truths. She commented, specifically, that the termination of the WIC Peer Counselor program was not by recommendation of staff. She said employees felt this program was too important and too beneficial to cut. Malito stated that they were told that this program was to be ended; they did not make that decision. She stated that the caseload is good right now because of the work of the former employees in the previous months. Malito requested that the Report Summary be investigated because she feels libeled.

Dawn Lunn, PO Box 11612, Eugene, OR, said she was appalled by Rockstroh’s comments last week and believes he is receiving misinformation from Connie Sullivan, Manager of the WIC program. She stated that it was outrageous to her that Sullivan told the head of the Department of Human Services that she did not have credentials. Lunn said the person running the WIC program should be a person of utmost character because they are dealing with federal funds, tax dollars and serving a very vulnerable population. Lunn suggested that there was discrimination based on union affiliation.

Green asked why this program was moved to the County.

Van Vactor responded that WIC is being managed by the County now at the request of the State of Oregon. He said the County agreed to assume WIC after negotiations that the State would ensure financing for a two-year period.

Green asked Sorenson if the problems at WIC existed before the program came to the County and, if so, was the State aware of these problems?

Sorenson replied that in most counties in the United States, county government administers the WIC program. He said Lane County used to run the WIC program until it was taken over by a nonprofit organization. Sorenson explained that the State of Oregon assumed responsibility for WIC after this nonprofit organization was no longer able to run it. He reported that since that time, the State has been looking for a place to have the program administered. Sorenson said the controversy lies in the way the program is run by Lane County government as distinct from how it was run by the State and how it is run in other counties throughout the United States.

Green asked if, in the negotiations, there was any implication that once the County took the program over, it would be modeled after the State or that the County would run this program a certain way and guarantee jobs.

Van Vactor responded that Rockstroh was very clear to the State that if the County took it over it would be a very streamline operation.

The following item was added to the agenda.

 LEGISLATIVE COMMITTEE ACTION

a. Legislative Committee Update.

Green reported that in the last Legislative Committee meeting, he had several staff members give their impression of Senate Bill 357. Green explained that SB357 prohibits membership on a local board for review of a public contract by persons who are members of the public agency, governing body or employees of such bodies.

Burns explained that SB357 would have the effect of prohibiting the Board of County Commissioners from serving as the local contract review board. It would require, should the Board choose a local contract review board, to appoint a separate three- member committee. Burns stated that the Legislative Committee, in their analysis of the bill, is concerned that this would cause inefficiency. He said this would require that a separate committee be formed and kept staffed for that purpose.

MOTION: To oppose SB357, endorse the letter drafted by Commissioner Weeldreyer and to label it as a priority two.

Green MOVED, Dumdi SECONDED. VOTE: 4-0 (Weeldreyer absent).

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson reported that the Supreme Court of Oregon is in Eugene today and is holding oral arguments at the law school. He also noted that the Budget Committee is continuing to discuss service priorities.

Green referred to the NACo conference in Washington, D.C. where it was found that in the area of juvenile prevention, Lane County is far ahead of the pack. He reported that some counties are still locking kids up and forgetting about them while asking for more money to do just that. Green also reported that Lane County is ahead of some counties in the computer program area.

Dumdi reported on her trip to the NACo conference and gave a brief review of the workshops she attended and the speakers she listened to. She said it was a very productive conference.

Cornacchia announced that the Board meeting next week would be on Tuesday, March 11 with an executive session from 10:00 a.m. to noon and the regular meeting from 2:00 - 4:00 p.m. He said there will be two Board meetings the following week, one on the 18th and one on the 19th.

4. COMMISSIONERS' BUSINESS

a. ORDER 97-3-5-1/In the Matter of Filling One Vacancy and Reappointing Three Members to the Rural Community Improvement Council.

Dumdi submitted the recommendation of one new member, Phyllis Julian, East Lane At-Large and reappointment of John Sundstrom, West Lane unincorporated, William Gabriel, Business Community and Phillip Groshong, West Lane At-Large.

MOTION: Appointment of Phyllis Julian and Reappointment of John Sundstrom, William Gabriel and Phillip Groshong.

Dumdi MOVED, Cornacchia SECONDED. VOTE: 4-0.

b. DISCUSSION AND ACTION/Lane County Juvenile Justice Center/100% Schematic Design Presentation of the Lane County Juvenile Justice Center and Request for Recommendation From the Board of the Most Desirable Building Elevation and Roof Configuration.

Suchart distributed and reviewed the monthly report. He noted that the Operations Team has found some things that were very fruitful in reducing some construction and design costs while at the same time maintaining the integrity of the building. Suchart stated that the Building Permit Memorandum of Understanding with the city and the cooperative venture is over its first major hurdle. He reported that at 7:30 p.m. on March 12, 1997, Lane County will have its conditional use permit meeting with the City of Eugene. Suchart introduced Jim Mueller, KMD Architects.

Mueller gave a presentation on the progress of the Juvenile Justice Center project. He said the final intent of this presentation was to receive approval of the Board of the schematic design of the project. He said the essential purpose of the schematic design phase of any project is to finalize and fix the plan of the building, to establish the basic three dimension articulation and form of the building, to select the predominant materials of construction and to outline the engineering systems. Mueller reported that this has been done with the cooperation of the entire project team, comprising the Operations and Project Teams; Implementation Task Force; the user groups; project managers CRSS; construction manager Drake-Chambers; architects KMD and Associates; Bill Seider and the Board of County Commissioners. He said this is the direct product of a public and private sector partnership contemplated under the successful bond measure that initiated this project. He reported that the project is within the budget and remains on schedule.

Mueller provided a visual presentation of the project starting with a program narrative, space lifts, square footage, conceptual building plan and the site plan through the end result.

Mueller acknowledged Mark Ryan as responsible for the computer graphics of the presentation.

Cornacchia said that in reviewing the submittal, the design does reflect the basic policy direction that this Board has with the Department of Youth Services. He said there were three areas of concern: 1) Working within or under budget; 2) Design provides a building that will be effective in the completeness of service to youths; and 3) Design diminishes the institutional profile. Cornacchia said to accomplish everything on that site, they need to acquire the property currently owned by the Elks Lodge and that exercise has become adversarial as it relates to value. He said that value as determined by court action could be anywhere from the lowest number to their highest number. Cornacchia asked about the design and planning process flexibility, in the event that the court award exceeds what was anticipated at the beginning of this project.

Mueller stated that they are making an effort to keep below budget so there is a certain amount of flexibility. He explained that they do not want to affect the operational value of anything. Mueller said reductions may affect some of the materials like furnishings but that they will try to find items in construction of the facility where long-term life capability of the materials is not lost. He remarked that they would convene a work session to attend to that specific problem but that there is already some flexibility built in as well as having additional areas to accommodate a change relative to the Elks Club.

The issue of the roof angle was discussed. There was consensus to adopt schematic design Option B because of a lower cost by reducing the amount of glass needed.

The Board approved the schematic design submittal and directed KMD to proceed with the design development phase.

This item was added to the Agenda.

c. REPORT BACK/WIC Status of Service to Non-English Speaking Community. (Hector Rios)

Rios reported on concerns brought by community members questioning the effectiveness of services provided to non-English speaking clients. He concluded that WIC meets and exceeds Lane County’s expectations. Rios stated that he interviewed current bilingual staff and found proficiency level ranges from proficient to outstanding. He was very satisfied with their ability to provide excellent services. Rios reported that he interviewed Spanish speaking clients who said they could not be happier with services. He noted that telephone and office services were all provided in both English and Spanish, the environment and staff are welcoming and inviting and the decor reflects cultural heritage. He noted that there are some grammatical errors on Spanish forms but nothing that would impair service to the community. He is interested in continuing to monitor this agency.

Green inquired how staff at WIC manages conflict resolution and asked to have Rios sit in on one of those dynamics and report back to the board.

There was direction to have Rios continue to monitor WIC and report back in three months. There was also direction given to Rob Rockstroh, Director, Health & Human Services to give a status report in three months and to provide a written response to the objection of Jeanine Malito regarding information in the WIC Summary Report pertaining to the termination of the Peer Counseling Group.

This meeting recessed at 10:26 a.m. to reconvene at 10:40 a.m.

4. EXECUTIVE SESSION as per ORS 192.660

To be held later today.

5. COUNTY ADMINISTRATION

a. Announcements

Van Vactor stated that a prioritization list will be provided to the Commissioners for discussion at the leadership meeting on the 10th. He also reported that the Budget Committee has scheduled a meeting for invited testimony on Thursday, March 13, 1997 at 5:15 p.m. in Harris Hall. Van Vactor said there is a public hearing scheduled on March 18 at 6:00 p.m. in Harris Hall.

b. ORDER 97-3-5-2/In the Matter of Designating the Use of $40,000 of County Road Funds for Construction of an Alleyway and Road-Fund Eligible Improvements to Assist the Bagley Downs Affordable Housing Development.

MOTION: Approval of the Order.

Sorenson MOVED, Dumdi SECONDED. VOTE: 4-0.

6. PUBLIC WORKS

a. STATUS REPORT/Highway 58 Preservation Project.

Tom Stinchfield gave a brief staff report regarding the modernization project originally planned and noted that it was canceled after hearing from the public. He reported that they are now in a preservation project and there is the need to supersede the old agreement with a new contract.

Tim Dodson, ODOT Project Manager, gave a status report on the project (see material on file), and asked for endorsement of the final project.

Cornacchia noted the tenacity of Weeldreyer's work with the stakeholders as well as the Board's dedication to see that the local voice is heard. He also stressed the Governor’s desire to make sure local input is a high priority.

b. ORDER 97-3-5-3/In the Matter of Entering into a New Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) for the Highway 58 Preservation Project and Corridor Planning, and Superseding the Existing Agreement (ODOT #11,677) on Highway 58.

MOTION: Approval of Order.

Green MOVED, Dumdi SECONDED. VOTE: 4-0.

c. ORDER 97-3-5-4/In the Matter of Authorizing an Intergovernmental Agreement with L-COG to Provide Loan Administration Management Services for the County Economic Development Assistance Program.

Goodson gave a brief summary of this item. He said there were a number of issues to discuss. He introduced Deborah Wright, LCOG.

Cornacchia was concerned that the interest on the $2 million is to be received by LCOG to be put into its general fund. He said the agreement also suggests a 1.45% fee which would also be paid to LCOG. Cornacchia said the way the agreement is written, it appears to give LCOG $230,000 to pay for its administration of this fund. He requested that this agreement be reworked and reviewed by LCOG, staff and counsel.

Green asked that the actual loan application and the document of administration of the loan program be included showing how the money loops back into the loan program, when this is back before the Board.

John Goodson said his intent was to go through the issues identified by the cover memo and any other issues that the Board had and then, based on that input, work with County Counsel to develop an intergovernmental agreement that meets the Board's expectation.

There was consensus that staff, Public Works and legal counsel answer the six questions in the cover memo and come back within two weeks.

Sorenson excused at 11:55 a.m.

d. ORDER 97-3-5-5/In the Matter of Accepting the Directors’ Report on Improvements to Second Street South From Springfield City Limits to Dorris Ranch, Including Assessments.

MOTION: Approval of the Order.

Green MOVED, Dumdi SECONDED. VOTE: 3-0 (Sorenson and Weeldreyer absent)

e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1096/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural" and Rezoning that Land from "E-40" ("Exclusive Farm Use") to "RR-5" ("Rural Residential 5"), and Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 3306-96; Frank)

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 3-0 (Sorenson and Weeldreyer absent).

f. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 3-97/In the Matter of Amending Chapter 10 of Lane Code to Adopt Various Amendments to the Springfield Development Code for the Urbanizable Lands Within the Springfield Urban Growth Boundary (LC 10.600-15), and Adopting Savings and Severability Clauses

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for March 19, 1997, 1:30 p.m. in Harris Hall.

Dumdi MOVED, Green SECONDED. VOTE: 3-0. (Sorenson and Weeldreyer absent)

g. TWELFTH READING AND DELIBERATION/Ordinance PA 1083/In the Matter of Amending the Eugene-Springfield Metro Area General Plan to Modify Policy 2, Section III.G., to Provide for the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site and Govern Similar Extensions to Other Sites, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

- AND-

h. TWELFTH READING AND DELIBERATION/Ordinance PA 1084/In the Matter of Amending the Rural Comprehensive Plan to Add a Policy Governing the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

Cornacchia read Ordinances PA 1083 and PA 1084 into the record.

MOTION: Approval of the Twelfth Reading and Setting Thirteen Reading and Deliberation on Ordinance PA 1083 and Ordinance PA 1084 for May 7, 1997, 1:30 p.m. in Harris Hall.

Dumdi MOVED, Green SECONDED. VOTE: 3-0 (Weeldreyer and Sorenson absent).

7. CONSENT CALENDAR

A. Approval of Minutes:

January 14, 1997, Senate District 20 Interviews, 9:00 a.m.
January 15, 1997, Regular Meeting, following HACSA

B. Assessment and Taxation

1) ORDER 97-3-5-6/In the Matter of Refunds to Selectcare Health Plans; Sisters of St. Joseph of Peace Health & Hospital Services; Trus Joist MacMillan; Standard Insurance Company & Christopher K. Robinson, Attorney; R-H McKenzie Company LLC & Peter R. Jarvis; Gateway Mall Partners & Gregory J. Miner; and Northwest Natural Gas Company & Norman J. Bruns.

C. Health and Human Services

1) RESOLUTION AND ORDER 97-3-5-7/In the Matter of Accepting Revenues From the State of Oregon for the Low Income Energy Assistance Program (LIEAP), and Increasing Appropriations in the Amount of $142,395 in Fund 85 for FY 96/97.

2) RESOLUTION AND ORDER 97-3-5-8/In the Matter of Awarding a Subcontract to Albertina Kerr Centers in the Amount of $405,638; Appropriating an Additional $187,293 in Revenue and Expenditures in Fund 86 for Individuals With Developmental Disabilities; and Delegating Authority to the County Administrator to Sign the Contract (PAAF 34) as Per Exhibit A.

D. Human Resources and Management Services

1) ORDER 97-3-5-9/In the Matter of Authorizing Payment to the State Department of Revenue for Reimbursement of Property Taxes Paid by the State Associated With the Senior Tax Deferral Program for Property Identified as Assessor’s Map #20-03-28-32-12600.

E. Youth Services

1) RESOLUTION AND ORDER 97-3-5-10/In the Matter of Appropriating to the Budget of the Department of Youth Services $50,000 in Unanticipated Revenue and Delegating to the County Administrator Authority to Execute an Intergovernmental Agreement With the Oregon Commission on Children and Families for Supervision of Data Collection on Female Juvenile Offenders.

MOTION: Approval of the Consent Calendar.

Green MOVED, Sorenson SECONDED. VOTE: 3-0 (Dumdi absent).

There being no further business, this meeting adjourned at 12:11 p.m.

Zoanne Gilstrap, Recording Secretary

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