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May 14, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - following Board of Health

Chair Cindy Weeldreyer presided with Ellie Dumdi, Bobby Green, Sr. and Peter Sorenson present. Steve Cornacchia excused. Zoe Gilstrap, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

Weeldreyer announced that at 11:30 this morning, John Clague from the Sheriff’s office will discuss an upcoming supplemental budget. Bill Van Vactor, County Administrator, noted that David Suchart, Director, Human Resources and Management Services, and Annette Newingham, Chief Deputy County Clerk, will discuss voter turnout issues this morning under County Administration. Dumdi introduced two Japanese guests on a Rotary International Group Study Exchange, Megumi Mashima and Shuichi Karube. Dumdi stated that they were here to learn how county government works.

2. PUBLIC COMMENTS

None.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson stated that he and Eugene Mayor Torrey attended a taxpayer workshop. He commented that he was glad to hear that the board retreat had been scheduled. Sorenson thanked Bob Keefer, Manager, Parks Division, for his work on the Public Parks Fair which is May 16 at 6:30 p.m. in Harris Hall.

Weeldreyer thanked the budget staff for their hard work putting together the proposed budget and complimented Van Vactor regarding his budget message on Thursday, May 15, noting that he represented Lane County well.

Dumdi announced that she will be gone next week and will miss two budget meetings. She reminded people that the Rhody Festival was this weekend in Florence.

4. COMMISSIONERS' BUSINESS

a. REPORT/Extension Service.

Janet Calvert, Extension Service, stated that this was a quarterly update. She referred to their teleconference last week when Ballot Measure 50 was discussed by legislative representatives and Public Affair’s Economist, Bruce Weber. Calvert remarked that they are waiting for the results of Ballot Measure 50 and the serial levies to determine the impact on their Extension levy.

Calvert reported that two weeks ago she went to Washington, D.C. for a conference on welfare reform. She said the conference discussed possible education and extension programs to help determine the effects of welfare reform on families. Calvert remarked that discussion centered around assisting families to find and keep work and noted that the issue of housing was not addressed in the welfare reform. She stated that the issue of the quality and quantity of available child care was brought up at the conference.

Calvert introduced Bryan Boe, Energy Extension agent, noting that the energy program is funded entirely by grants.

Boe stated that he works in residential energy conservation. He said that although his program is grant-supported, due to deregulation in the utility industry, they have been struggling for funding. Boe stated that they have been successful in providing educational services to agriculture, utilities, building and government agencies. He said he has been working in the residential sector with a new house diagnostic program to assess combustion safety in homes to prevent carbon monoxide exposure. Boe stated that he will be working with HACSA, teaching them how to use the diagnostic equipment and hopes to work with the HVAC industry, both locally and statewide.

b.  REPORT/Facilities Capital Improvements.

Suchart distributed a Summary Progress Report (see material on file). He addressed four issues: Juvenile Justice Center, Jail expansion for SB 1145 offenders, repairs to the Public Service Building and Annex roofs and the court security project.

Suchart discussed the juvenile justice center, noting that the Eugene Planning Commission overturned the decision by the hearings official and granted the conditional use permit. He stated that they are continuing to negotiate with the Elks through their attorneys.

Suchart stated that the jail expansion is moving along with the schematic design and stated that they are ready to apply for the conditional use permit. He commented that he would come to the Board in late June with the master and schematic designs.

Suchart noted that repairs will begin on the Public Service Building and Annex roofs and that by mid-June, the roof will come off the court building. He said they are looking at August to remove the Annex roof and are pushing to be done with the entire project by Labor Day.

Suchart discussed the court security project, stating that he has met with Sheriff Clements, Court Administrator David Factor and Olympic Security. He said they were on track to have the system implemented in July. Suchart remarked that due to the change in access to the building, communication with the public will be stressed and noted that there will be maps posted and briefings with staff and senior volunteers.

Sorenson suggested getting input from the public defenders regarding questions surrounding searching clients and weapons.

Suchart stated that he will be in touch with the public defenders and will also talk to Olympic and Clements to cover these issues.

5. EXECUTIVE SESSION as per ORS 192.660

None.

6. COMMITTEE REPORTS

a.  Legislative Committee Update.

Green discussed the Association of Oregon Counties’ New Realities Campaign and said the following bills support the key issues identified in the campaign:

House Bill 2049, allows the State to assume responsibility for 50% of the funding for administering the property tax collection system; HB 3086, vote by mail legislation to save approximately $2 million; SB 6, provides $11 million for district attorneys’ salaries and expenses; SB392, provides $6.5 million for the cost of state court services

MOTION: To support House Bills 2049 and 3086 and Senate Bills 6 and 392 with a priority one.

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

Green stated that another point of the New Realities Campaign was to delete the requirement for counties to provide money from property tax funds to support the County school fund, stating that it is an antiquated policy which needed to be changed to reflect the new budget realities for education. He said amendments are currently being drafted by the legislative counsel.

Sorenson stated that he is troubled by this legislation because the public and legislature have not come to terms in what they want in public education. He said the fact that county governments support schools through these funds indicates that there is a policy to make sure that public education is funded through multiple sources. He stated that he does not agree that something is solely a county or state fund.

Weeldreyer stated that she is supportive of the intent but feels awkward voting on amendments she has not seen. She remarked that she does support the New Realities Campaign and the AOC proposal for the deletion of the requirement for counties to provide money out of the property tax funds for the county school fund.

Sorenson remarked that he does not know what the impact on school districts in the county would be if this were approved and does not favor taking money away from education. He indicated that he needs more information before he can take money away from schools to give to county government. Sorenson stated that dollars were increasing for incarceration and decreasing dollars for prevention.

Dumdi agreed that education is very important and suggested stipulating that the money taken away from schools could go into prevention.

Green concurred with Dumdi’s suggestion, stating that this is not a vote against public education.

Weeldreyer stated that she comes from an educational background and, through conferences with Health and Human Service and the New Opportunities and Intervention Network grants, has learned that there are new common sense ways to provide services to children with mental illnesses and behavior disorders. Weeldreyer said that kids are often misdiagnosed and do not get needed services, in part, because the federal government is cutting back on these programs. She remarked that there is a critical need to find local support for these children to ensure their success in school. Weeldreyer suggested that this money is an opportunity to merge the needs of the school fund and the needs of the children with mental illnesses or behavior disorder and still ensure that the money is related to educational services. She stressed hope for an opportunity to reinvest money in alternate educational services which are critical and could be provided by the County.

MOTION: To support the efforts of the Association of Oregon Counties in the spirit of the New Realties Campaign for the deletion of the requirement of counties to support school systems out of property taxes and to look for opportunities to reinvest money in educational services, contingent on the amendments.

Dumdi MOVED, Green MOVED. VOTE: 3-1, Sorenson dissenting.

Weeldreyer referred to a letter she received from Mike Gleason, Fairgrounds Director, regarding lottery funds allocated to county fairs as well as a draft letter for her signature (see material on file). She said she has tried to reach AOC about adding another paragraph to the letter indicating that, although AOC has taken a position in support of the elimination of lottery funds for the fair, Lane County is committed to serving youth and would like to keep this option. She asked for Board support to send this letter on behalf of the Lane County Fair.

MOTION:  To send the letter as indicated by Weeldreyer.

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

7. COUNTY ADMINISTRATION

a.  Announcements

Suchart and Newingham gave a briefing on the turnout of the levy election. Newingham distributed a comparison chart of past elections that have passed with the 50% requirement. She said at this time, there is only a 28% return, noting that it does not look good unless they receive a large amount of last minute returns. She gave a brief history of past elections and special districts elections.

b.    DISCUSSION/Continuity in Light of Budget Reductions Regarding Hazard Mitigation Grant Program Funding for Elevating Residences in the Mapleton Community.

Stephanie Schulz, Rural Development Coordinator, said the impetus for this project was the flood in February 1996 and that this is a case of a grantee and sub-grantees requiring follow-through to get the paperwork processed. She was concerned that the intensive staffing level of communicating and helping citizens work through the paperwork and seeing that it is forwarded to the State Emergency Management office would be lost because her position is going halftime in July. Schulz stated that she is asking for direction on proceeding with this project. She noted that she has had direct contact with many people and has a list of approximately 100 households that are eligible for this funding.

Weeldreyer discussed the three options (see material on file).

Dumdi expressed concern about timing due to next week’s election.

Weeldreyer asked Teresa Wilson, Legal Counsel, if the video lottery funds could be used to provide for staffing of RCIC.

Wilson stated that the Board could conclude that this type of work was an appropriate economic development project. She said requirements are complex when the County is accepting federal grant money, noting that this is a project to benefit individual home owners who are not accustomed to dealing with grants. Wilson stated that it is a County responsibility to have someone available to deal with those grant requirements.

There was agreement to wait a week for the outcome of levy results and funding. This item was rolled two weeks.

c.  DISCUSSION/Official Recognition of the Siuslaw Watershed Council.

Schulz stated that this is the first request of the Siuslaw Watershed Council to the Board with the new language on the approval process for a watershed council organization. She referred to the draft bylaws put together by the watershed council (see material on file).

Weeldreyer asked about local government representation, specifically about representation for both city and the county rather than under one.

Schulz stated that the group had many discussions about specifying every organization and referred to the federal land management agency category, noting that there are both BLM and U.S. Forest service lands within the basin where both agencies are major players. She stated, however, that the watershed group felt that a driving factor was to have citizen participation by having the sub-basin representatives appoint a representative to sit on the executive committee. Schulz explained that the group chose to do it this way and wanted this as the category. She said the structure, as set forth in the bylaws, allowed for a large membership and that anyone living in or interested in the Siuslaw Watershed area and willing to pay a $5 in dues could be a member of that watershed council.

Dumdi noted the only city government is Florence and she has not talked to them about their desire to be on the council, but will review this proposal with them.

Johnny Sundstrom, Deadwood, discussed a strategy of inclusiveness and effectiveness and said they envisioned a general council of all members and an executive board and, in between these two would be an informal layer. He cited an example of the industrial timber operators and owners of the Siuslaw watershed. He explained that these operators and owners would get together as a group and choose a delegate to the executive board, and that this would not exclude any of those industrial timber owners from attending the general meetings. Sundstrom stated that this structure would enable members to work together to choose their delegate and alternate who would rotate over time. He stated they felt this would ensure a higher level of participation.

Bob Buzzard, coordinator for Siuslaw Council, reviewed watershed history. He said under the bylaws, the executive board and officers serve for one year to allow time for other groups to determine their level of interest, noting that if they want to join in or become more active, they have that opportunity within a year. Buzzard stated it is a very fluid and open process. He said they will have to look at those people who step forward or who are proposed by their interest groups to provide guidance as to what might be expected on their part.

Schulz said because this group believes it meets the criteria and desires formal recognition, they are requesting that the Board review this request.

Dumdi said the makeup of the group is a board representation and felt it represented the interests and stakeholders of the area.

Weeldreyer commented that she believed that counties and cities are separate stakeholders and said there should be a designation for county government and one for Florence.

Schulz stated that she would bring that issue to the council for discussion and will bring this back to the Board in two weeks.

8. PUBLIC WORKS

a. DELIBERATION AND ORDER 97-5-7-7/In the Matter of Adopting the Public Works Five-Year Capital Improvement Program FY 1997/98-FY 2001/02.

Snowden referred to the recommended draft CIP from Roads Advisory Committee (see material on file).

Weeldreyer stated that she wanted to raise the issue of the McKenzie Delta Road Association regarding the Horse Creek Bridge repairs and that Public Works was hesitant to make the necessary maintenance and improvements to this bridge due to the precedent that would be set for other bridges that were similar in nature throughout the county. She asked that the Board apply an asphalt coating and sealing splits and replace guardrails and posts. Weeldreyer noted that the residents have said they will work with the ODOT Federal Aid Specialist to submit this bridge for inclusion in the off-system highway bridge replacement and rehabilitation program. She explained that that application cannot be submitted until the first quarter of 1998 and the projected funding for that would be the year 2003 when this bridge would then be removed from the County’s future inventory. She stated that she felt there was not adequate representation at the Roads Advisory Meeting when the decision was made not to support this suggestion.

MOTION: Allocate $10,000 to make one-time expenditure to bridge.

Weeldreyer MOVED.

Van Vactor commented that this action would require the concurrence of the Public Works director.

Responding to Sorenson, Snowden stated that, statutorily, they cannot spend money on local access roads unless they have an order from the Board, concurrence from department director and a stipulation whether it is a one-time or continuing expenditure.

Dumdi stated she was concerned about setting a precedent.

John Goodson, Public Work’s Director, stated that his recommendation was that the County neither accept the road in the county system nor approve expenditure for this bridge.

Green stated that he is willing to work with Weeldreyer through the Finance & Audit Committee to find a better way to approach this.

Motion dies for lack of second.

Weeldreyer discussed Bloomberg Road/McVey Highway and asked if they could earmark planning money for one of the out years in the CIP to initiate an interest to ODOT for this area.

Snowden said a strategy would be to put money in one of the last two years of CIP, earmarked to give authorization to work on it and send a signal to the state to let them know of the County’s interest in traffic problems in that Bloomberg/McVey area. He said he thought it would cost about $250,000 and this would be a placeholder.

MOTION: To add $250,000 in the 2001/2002 year of the CIP for Bloomberg Road connector planning project.

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

MOTION: Approval of the Order adopting CIP with the amendments of Bloomberg Road and the Fairground landscaping and signage projects and to formally include the assisted housing projects.

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

b. FIRST READING AND SECOND READING AND PUBLIC HEARING/Ordinance PA 1099/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Nonresource" and Rezoning that Land from "F-2/Impacted Forest Land" to "RR-10/Rural Residential 10", and Adopting Savings and Severability Clauses (file PA 3889-96; Starr) (Second Reading & Public Hearing: June 4, 1997, 1:30 p.m., Harris Hall Main Floor).

MOTION: Setting Second Reading and Public Hearing for June 4, 1997, 1:30 p.m. in Harris Hall.

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

c. ORDER 97-5-14-1/In the Matter of Approving an Intergovernmental Agreement with the City of Cottage Grove Regarding Delegation of Planning and Building Regulation Functions in Conjunction with a Contract Zoning Request.

Kent Howe gave a brief staff report.

MOTION: Approval of the Order.

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

d. REPORT BACK AND ORDER 97-5-14-2/In the Matter of Accepting the Brown's Landing Task Force Proposal for Reopening Brown's Landing and Authorizing Staff to Pursue Acquisition of Legal Road Right-of-Way to Brown's Landing.

Bob Keefer, Parks Manager, reported on the recommendations to move ahead with facility maintenance and the road issues to proceed with securing legal road access to the landing. Keefer discussed the options (see material on file). He asked that the Board approve the order and recommend that engineering start to create easements into the public road.

MOTION: To approve staff and advisory recommendations and authorize staff to pursue legal right of away and acceptance of right-of-way.

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

9. CONSENT CALENDAR

A.  Approval of Minutes:
April 16, 1997, Regular Meeting, 9:00 a.m.
April 16, 1997, Regular Meeting, 1:30 p.m.

B.  County Administration

1) RESOLUTION AND ORDER 97-5-14-3/In the Matter of Adopting an Updated Strategic Plan and 1997-99 Action Plan and Recommending the Strategic Plan be Submitted to the Oregon Economic Development Commission and the Governor of the State of Oregon for Consideration Under the Regional Strategies Program. (NBA & PM 5/7/97)

C.  Health and Human Services

1) RESOLUTION AND ORDER 97-5-14-4/In the Matter of Appropriating $7,500 in Revenues and Expenditures in Fund 86 in the Department of Health and Human Services.

2) ORDER 97-5-14-5/In the Matter of Accepting the FY 97/99 Intergovernmental Agreement Between the State of Oregon Housing and Community Services Department and Lane County in the Amount of $4,445,665; and to Delegate Authority to the County Administrator to Sign the Agreement in the Department of Health and Human Services.

D.  JTPA

1) ORDER 97-5-14-6/In the Matter of Appropriating an Additional $8,500 in Revenues and Expenditures for the Southern Willamette Private Industry Council (JTPA Department-07), Fund 49.

E.  Public Works

1) ORDER 97-5-14-7/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Rock Material Needs During the 1997/1998 Fiscal Year, Contract No. 97/98-M&S-50.

2) ORDER 97-5-14-8/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Liquid Emulsified Asphalt CRS-2, CRS-2P, CMS-2, CCS-1, HFRS-P1, HFE-90-1S and RS-LTP Needs During Fiscal Year 1997/1998, Contract No. 97/98-M&S-51.

3) ORDER 97-5-14-9/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Asphaltic Mix Patching Material Needs During Fiscal Year 1997/1998, Contract No. 97/98-M&S-52.

4) ORDER 97-5-14-10/In the Matter of Approving a List of Public Improvement Projects for the Lane County FY 97-98 Budget.

5) ORDER 97-5-14-11/In the Matter of Amending the FY 93/94 through FY 94/95 Bridges and Retaining Wall Agreement with OBEC Consulting Engineers for Design and Construction Engineering Services for the Marcola Road Bridge Project.

Weeldreyer pulled item 9. E. 4).

MOTION: Approval of balance of Consent Calendar.

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

Weeldreyer stated that she pulled 9. E. 4) to add Fair Ground improvements.

MOTION: Approval of 9. E. 4), Order 97-5-14-10.

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

10. HUMAN RESOURCES AND MANAGEMENT SERVICES

a.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 6-97/In the Matter of Authorizing the Transfer of County Owned Real Property Identified as Assessor’s Map Nos. 18-02-02-21, Tax Lots 4500 and 4700 (Across From 815 S. 72nd, Springfield) and 21-35-16-24-01800 (76472 Pine Street, Oakridge) to St. Vincent de Paul Society of Eugene, Inc. for the Purpose of Providing Low Income Housing (Second Reading and Public Hearing: May 28, 1997, 1:30 p.m., Harris Hall Main Floor).

MOTION: Setting second reading and public hearing to May 28, 1997 at 1:30 p.m. in Harris Hall.

MOTION: Approval of the Order.

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

11. REVIEW ASSIGNMENTS

Not done today.

12. EMERGENCY BUSINESS

John Clague, Sheriff’s Office, stated that he was here to alert the Board of a supplemental budget item related to SB1145 impact dollars. He said the Community Corrections Act plan was amended to accommodate the passage of SB1145 which provides impact dollars from the State to manage inmates sent to Lane County. He said they allocated funds to Lane County to manage those inmates but because this money was made available January 1 and the budget was adopted the previous June, the money was not appropriated in the budget process as revenue or as expenditures. Clague explained that the portion designated for custody of inmates totals $689,000 (see material on file). He said the supplement budget submitted allocates all that money for either beds from the State to house inmates or for the expenditure and purchase of capital items. He said he is bringing this before the Board now because they are approaching the drop dead date of expenditure of this money due to the year-end accounting. Clague stated that some of these items have a lead time of 4-8 weeks and all of them are critical to their operation. He noted that they cannot rollover money because the state rule is to send unspent money back to the state. Clague said this is an opportunity to address the significant and critical needs in the correctional system that are continuing to grow and, in part, are due to state mandates.

Van Vactor stated that he was concerned that if the Board authorized them to incur expenses today and then, for some reason, not approve the supplemental budget, there could be an unauthorized expenditure. He asked if the Public Safety Coordinating Council staff concurred with this. Clague stated this was discussed with PSCC and they did concur.

Teresa Wilson, County Counsel, said Van Vactor raised a legitimate concern that there is a risk of giving Clague authority to proceed with this before the Board approves the supplemental budget process.

Clague said he did not anticipate taking delivery or writing checks for any of this equipment before the supplemental budget is approved.

Responding to Clague, Wilson stated that would give the Sheriff’s office the opportunity to place these orders and, if this supplemental budget is not approved, there will not be an unauthorized expenditure of funds because the equipment can be returned. Wilson said this is proactive in terms of alerting the Board that Clague is taking steps in advance of getting that appropriation authority because of the timing question.

Weeldreyer stated that this is in the best interest of the public safety of Lane County and noted her support.

Dumdi concurred with Weeldreyer.

Wilson said nothing formal needed to be done at this time. She said this was brought before the Board to see if there was any indication of concern or anticipated problems.

There being no further business, this meeting adjourned at 12:32 p.m.

 

Zoe Gilstrap, Recording Secretary

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