APPROVED 6/16/99

April 21, 1999

REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS

Harris Hall - Main Floor - 9:00 a.m.

Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

Green discussed the shooting at Littleton, Colorado.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Bernadino DeLattorey, 572 W. 12, Eugene, distributed a handout (copy in file.) He said he was concerned about the hiring process and procedures in Lane County. He said he was dismayed at the level of insensitivity and disrespect he and other individuals had experienced with Lane County's present hiring procedures. He noted the Diversity Analyst interviews were conducted in Fall, 1998, and the search was reopened in Winter 1999. He said he experienced a process that was unclear both times. He added he was uncomfortable with the first set of interviews but did not make an issue of the hiring process for fear of being accused of sour grapes for not getting hired. He noted four candidates were chosen to be interviewed and he was not granted a second interview. He said he was called back for another interview, only to be used as a token. He viewed this interview as a promotion and did not have the equal opportunity for the position. He said he hopes he is being treated equally as any other human being and no future retaliation occurs in any form towards him. He added he would like to be granted future opportunities for advancement in Lane County in the future.

3. COMMISSIONERS' ANNOUNCEMENTS

None.

4. COMMISSIONERS' BUSINESS

a. RECOGNITION Linda Wagner.

Steve Carmichael, Youth Services, discussed the research aspects that Linda Wagner had brought and how it impacted Lane County. He noted that Wagner had looked over a number of programs and evaluated their effectiveness. He said that everyone on the staff had appreciated Wagner's looking at programs, evaluating which ones worked, and how they were tied into the grant writing. He added the research had focused the County not only on specific programs that work, but also with the right kids to intervene with. He noted she is leaving Lane County to work for the state because they saw the impact she had in the state with the Governor's work in terms of the Juvenile Crime Prevention Plan. He praised Wagner's qualities.

Green stated he, Carmichael and Wagner worked on the Juvenile Crime Partnership at the State, prior to the legislative session. He said as they were getting closer to a document, Wagner was brought in for research and evaluation. He added people were listening and took notice of the fact that it was well presented and the research was based on outcomes. He added the job at the State was a great career opportunity for her. He wanted to let her know how much she was appreciated. Green read the recognition into the minutes.

Wagner thanked everyone in attendance for the kind words. She noted as a researcher it had been rewarding to be part of an organization that uses the data for what works and what doesn't and that there were innovative programs happening in Lane County. She said there is a commitment to kids and a general concern and dedication that she was able to present in the grant. She said she appreciated the recognition, but recognized that she was a part of a talented team of people and appreciated the opportunity.

5. RESOLUTIONS

a.  RESOLUTION 99-4-21-1 Designating the Week of May 2, 1999 as Lane County Tourism Week.

Lisa Lawton, Community Relations, CVALCO, thanked the Board for their efforts and consideration of the resolution that recognizes the importance of the visitor industry in Lane County. She noted as National Tourism Week, activities were taking place across the county and the country, May 2, through May 8, CVALCO, its members and the community at large will be celebrating the accomplishments of Lane County's visitor industry. She said Lane County is the third largest generator of travel dollars in the state. She said there will be a radio trivia contest that will be taking place and ads be placed to bring attention to the visitor industry. She thanked the Board for acting on the resolution and to spread the word about the positive impact that tourism is making in Lane County and its economy.

MOTION: to approve RESOLUTION 99-4-21-1.

Weeldreyer MOVED, Morrison SECONDED.

VOTE: 5-0.

6. EXECUTIVE SESSION as per ORS 192.660

To take place in the afternoon.

7. COMMITTEE REPORTS

a. REPORT Legislative Standing Committee Recommendations.

Dwyer noted that Green had a letter that needed to be signed by the Chair (regarding HB 2913 A) to help move along the funding process for the assessor.

Roy Burns, Legislative Steering Committee, stated he had been in contact with Senator Beyer about the bill that Lane County had supported. He wanted to submit the letter to the legislative delegation on the senatorial side to solicit their support in moving it along. He said according to Jim Gangle, County Assessor, it would provide an additional $455,000 for fiscal year 2000-2001 into the general fund.

MOTION: to approve the letter.

Dwyer MOVED, Morrison SECONDED.

Weeldreyer noted that it represented a compromise if the bill should get passed into law, it means there will not be the option for using real estate transfer tax in the future. She said she was sorry that the Board was signing away the opportunity because real estate transfer tax is an opportunity for county governments needing upgrades and technology. She added a small real estate transfer tax is a small price to pay if Lane County could increase the quality and level of service that is not on the property tax owners and she was supportive of it.

VOTE: 5-0.

Burns noted that there was a bill that the Legislative Committee took a position on, HB 3582, relating to the Public Corners Preservation Fund. He said additional work needs to be done and the suggested amendment is to continue to support with a Priority 2, but have additional flexibility in amending the bill. He added he wanted to clarify the amendments to the bill.

Morrison stated she had three bills she wanted pulled, Senate Bill 587, HB 3227 and HB 3282.

MOTION: to approve the balance of the Legislative Committee recommendations.

Dwyer MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

Morrison noted that Senate Bill 587, building inspections by persons licensed outside of government agencies, could facilitate for consumers the ability to go forward and she is in support of the bill. She said it would be a benefit having it available for people. She said staff had concerns about it but she didn't share the same concerns.

Dwyer stated the committee was unanimous with the exception of Morrison in opposing the bill. He said the report from staff speaks for itself and may be detrimental to the County. He said it was his recommendation to take the committee's recommendation.

MOTION: to approve the Legislative Committee's recommendation.

Dwyer MOVED, Sorenson SECONDED.

Morrison said that it could cease the County dealing with building permits.

VOTE: 4-1 (Morrison dissenting)

Green stated that on HB 3227, relating to the changes in the value of forest land, the committee's recommendation is a Priority 3.

Morrison stated she is questioning the control of what they are doing with F-1 forest lands and allowing the people the right to recoup the value of the land they have. She said she would be in support of the bill. She said she sees this as giving people back their property rights.

Dwyer noted that it is counterproductive in terms of dealing with the potential listing and environmentally sensitive units. He said he believes the County has to be reasonable in protecting the environment with the listing and to support this kind of change and that is why the committee decided to oppose it to follow the committee recommendation.

MOTION: to approve the Legislative Committee's recommendation.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-1 (Morrison dissenting)

Green stated HB 3282 relates to Land Use, establishing new requirements for farm and forest dwellings.

Morrison said the only problem she had with this is that there was another part that would allow parks and campgrounds on EFU zoned lands, regardless of soils. She questioned using farm land for parks and campgrounds when there are other areas that could be looked at for those uses.

Dwyer stated the recommendation of the committee is to oppose it.

MOTION: to approve the Legislative Committee's recommendation.

Dwyer MOVED, Sorenson SECONDED.

Dwyer stated he had concerns about this. He said it will change the lot of record law from January 1985 to 1995. He added it would be counterproductive and agreed with Morrison on parts of it. He said the committee recommended opposition.

VOTE: 4-1 (Morrison dissenting)

8. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor reported that last week Mr. Nordahl's information was sent to Land Management, Public Works and the City of Dunes City. He stated that John Goodson had requested that he withhold his analysis until he sees how the City of Dunes City replies. He said there is a new financial plan as a result of the proposed budget. He suggested that they hear it this afternoon. He added with regard to the veterans facility, it would be his suggestion that they work with the City of Eugene on a joint communication after new facts are learned.

Green stated he had a letter that Sorenson drafted to the Secretary of Veteran's Affairs and wanted to know if any more work should be done.

Van Vactor recommended that the letter be held.

Sorenson said in response to their statements about the problems at the clinic, that there was not enough capacity in the facility. He said the letter was vague, asking the Secretary to look into it and he doesn't view the letter stopping the County from getting involved with the City of Eugene on accessibility. He said he wants to see it go forward because he put time into it.

Green stated he was in agreement for the letter to go as long as it is not a conflicting message.

Van Vactor said the risk he sees is the VA writing back saying it was the County's fault the building wasn't handicapped accessible.

Morrison commented she would rather have a coordinated effort so it can solve the problem. She said more information is coming out and thinks it would cause conflicts and confusion.

Weeldreyer asked County Counsel if the letter becomes an official part of the record thereby exposing Lane County to any types of ADA liability.

Wilson replied, not directly, but the risk is the County would be taking on a problem that is not a building plan review role. She said she doesn't see a direct liability.

Weeldreyer supported sending the letter with the modification that the last part is left off and use it as an advocacy letter on behalf of the local veterans.

Green stated he would sign the letter and pass it around to the Board.

b.  ORDER 99-4-21-2 Adopting Phase One of the Regional All Hazard Mitigation Plan Developed Through the Regional Emergency Management Coordinating Council and Appropriating $10,000 in Department 1515 Fund 124 for Development of Phase Two.

Ike Jensen, Lane County Sheriff Emergency Management, and Stephanie Schulz, Rural Community Improvement Council, gave a presentation to the Board on the All Hazard Master Plan by the Regional Emergency Management Council.

MOTION: to approve ORDER 99-4-21-2.

Dwyer MOVED, Weeldreyer SECONDED.

Dwyer stated it was imperative that Lane County plan for a disaster and collaborate specifically with partners region wide.

Morrison questioned where the $10,000 funding was coming from.

Jensen responded that the Sheriff's Office had committed to that amount for this year and next year.

Van Vactor noted that the Board would monitor the budget and give advance warning.

Green added it was subject to budget appropriation.

Morrison questioned what would happen if the Board didn't go forward with it.

Jensen responded a lot could happen as it is applicable to all hazards and to identify ways to reduce the exposure and eliminate the hazards. He added his budget had no money identified specific for this project.

Sorenson said he was for it but was confused as to where the money was coming from.

Tanya Heaton, Budget Analyst, stated she had the same concern and spoke with Dan Huevel. She reported Huevel said they will be using $5,000 out of this year's budget and $5,000 out of next year's budget. She added Benton County is comfortable with taking partial payments. She said the money is there and no other monies will be used from the general fund or to increase in the Sheriff's budget.

Weeldreyer applauded how each county was working cooperatively. She added it was an example of good government that the citizens could be proud of.

VOTE: 4-1 (Morrison dissenting).

c.  ORDER 99-4-21-3 A Transfer Between Departments Within the General Fund.

Rick Schulz, Budget Analyst, stated when the Y2K project was originally set up that there were a couple of administrative personnel that were assigned to the project. (The County Administrator's Executive Secretary was going to take time to support him and one of the Legal Secretaries in County Counsel's office was going to help with the vendor management of that project.) He noted the Legal Secretary retired and the County Administrator's Executive Secretary had to leave on a medical leave for six weeks, so they took a Senior Administrative Analyst from Public Works who left on a medical leave. He said the Senior Administrator Analyst will come back and continue to provide support on the project. He added the position is funded by the road fund and the road fund needs to be reimbursed. He said they hired an extra help position, but there was no money in County Administration for either the reimbursement to the road fund for the Senior Administrator Analyst or the extra help person. He said for the remainder of the year, the cost for the two positions would be $24,000. He noted that $25,000 was the total extent of the contingency funds that are set aside in that account. He asked that $24,000 of that to be transferred to County Administration.

MOTION: to approve ORDER 99-4-21-3.

Dwyer MOVED, Weeldreyer SECONDED.

In response to Sorenson's question about the completion date of the inventory, Schulz responded that it would be mid-June for the entire object inventory to be completed.

Sorenson noted that the transfer should be made for both the PERS project and the Y2K project and he would be in favor of this motion.

VOTE: 5-0.

9. PUBLIC WORKS

a.  ORDER 99-4-21-4 Accepting the Lane County Road Maintenance Operations Audit and Directing Staff to Pursue Certain Implementation Actions.

Ollie Snowden, Public Works, noted the Board concurred with most of the staff responses and recommendations. He added there were four areas that were different from what the staff said and what the Board wanted. He said with the ODOT recommendations, the Board did concur with the staff's recommendation that ODOT in general take the lead on future partnership efforts, but in addition, to make it clear to ODOT that continuation with the status quo was not an acceptable way of doing business.

Snowden said with regard to recording of work time, they will begin collecting data and their ability to analyze it will be limited until the computer program is working correctly.

Snowden said with regard to the performance standards, the Board said they wanted performance standards developed for specific maintenance activities as well as larger issues like bridge conditions.

Snowden suggested for number two, to take a vacant position that is an Engineering Tech 2 and to reclassify it to a Senior Engineering Associate, using it as a Road Maintenance Associate. He said it wouldn't be creating a new position in the budget, but one that is no longer needed in the design section. He added they had been able to eliminate three engineering tech positions because of it.

Snowden stated that with number four, he did not get a clear sense of what the majority of the Board wanted to do and the audit is recommending that the Board reassess how they are currently using chemicals as part of the Integrated Vegetation Management Program. His response was that the Board recognized that this was going to be an expensive proposition when it told them to set the program up and it is not a surprise that it costs more than it would if they didn't have a no spray permit program. He said they think the program is working satisfactorily now and are recommending they don't reevaluate it.

Green stated he was comfortable with the staff's recommendation.

Sorenson said with regard to number four and the issue of dealing with roadside vegetation management, the tone of the audit was as a result of their policy, the way of implementation is economically inefficient. He said they have a truck that is expensive that is used a few days of year because of the restrictions placed on it. He added it was an expensive way to deal with the vegetation at a cost to the taxpayer.

Dwyer agreed with Sorenson that things could be done more efficiently.

Weeldreyer believes there is an appropriate way of using chemicals in a deliberate fashion that helps with the vegetation management for increased efficiencies for safety, motorists and maintenance operations for staff. She said a policy that was put in place a decade ago could be improved. She said the IVM program shouldn't be thrown out, but there would be value in being able to plan for a process and having citizens come before the Board on a periodic basis raising these concerns. She said she wanted the reassurance on what the success rate had been, the advantages, disadvantages and the cost benefit that goes with that.

Green stated that areas that require spraying should use spraying and areas that require physical cutting would have youth involved. He said he is comfortable with the staff recommendation. He noted a majority of the Board is sensitive to the herbicide spraying.

Weeldreyer recommended that at some time later in the year, Mike Perkins do a work session with the Board for spraying as opposed to manual maintenance.

Green cautioned Snowden that as he looked for opportunities and alternatives, to keep in mind the Board was encouraged to do similar things on Short Mountain.

Morrison concurred with the auditor's recommendations that there are problems with how the costs for the program are being handled and she is not opposed to the use of chemicals as a cost effective way. She said she did not want another policy discussion about it. She said she would like to see them increase the use of chemicals in controlling vegetation.

Van Vactor noted there was not a clear consensus. He said Sorenson spoke about efficiency only, Dwyer spoke about efficiency and the policy; Weeldreyer the policy, Green with the staff recommendation and didn't know if Morrison wanted Public Works to bring anything back.

Morrison stated she would go with staff recommendation and leave it as is until there is more knowledge brought back on the acceptability of using chemicals.

Snowden reported the previous Board asked the Vegetation Management Advisory Committee to take the 1990 IVM draft and redraft it into current language. He said the direction from the Board was that there be no major change in policy or direction as part of the update. He added last Wednesday night, (after two years of work) the committee agreed on an IVM update that can be brought to the Board. He suggested to schedule a work session on the IVM update that had just been completed by the VMAC.

Green supported Snowden's summary.

Snowden added with the Endangered Species Act and the listing of the fish, the Cities of Eugene and Springfield have had briefing sessions with their councils on the effect of the listings for their operations. He suggested the Board have a work session as well as there are significant costs for road maintenance and land management.

Sorenson suggested on number eight, for a pilot, where they actively look at the travel time rather than having people keep track of their travel time. He said with regard to number four, not to reopen the whole thing but to get to the efficiencies that the auditor is recommending. He added if there is sufficient interest in having a work session on the policy, that it is a way to keep moving without positioning. He said the fish issue is crucial because it is an enormous problem.

Weeldreyer noted on recommendation eight, that data is important for measuring effectiveness, and Snowden knows that excessive amounts of recording of data is ineffective and is concerned he will get a message from the Board that is wrong. She wanted to know if there would be a commitment on the part of the department to go back and key in old data into the new software, next year.

Snowden responded it was not their intent to record all travel time, it is the travel time from the reporting place to the first work zone and the last work zone to the reporting place. He noted in the Board order it says the responsibility for monitoring implementation will be assigned to the County Performance Auditor.

MOTION: to approve ORDER 99-4-21-4.

Weeldreyer MOVED, Morrison SECONDED.

VOTE: 5-0.

b. DISCUSSION Review of Proposed Geographic Names and Setting Direction for Review of Future Geographic Names Referred to the County by the Oregon Geographic Names Board.

Tom Lanefear, Land Management, stated the item before the Board comes as a referral from the Oregon Geographic Names Board. He said they are soliciting County comments for the naming of geographic features within Lane County. He said Professor William Loy of the University of Oregon had volunteered to do research on the named proposals and he is a member of the Oregon Geographic Names Board. Lanefear noted the name changes come under two types and most are non-controversial names. He said staff proposes to put them on the Consent Calendar for approval. He added the Board has the option of delegating the plan director, commissioner or land management division director to respond to the non-controversial referrals. He said if they are controversial, they will be brought as an agenda item for the Board's approval.

MOTION: to approve the Proposed Geographic Names and Setting Direction for Review of Future Geographic Names Referred to the County by the Oregon Geographic Names Board.

Dwyer MOVED, Sorenson SECONDED.

Sorenson said the proposal is a good one and urged the Board to take the option of having a letter written by the Board Chair and having it done through the agenda consent calendar.

VOTE: 5-0.

10. CONSENT CALENDAR

A.  Approval of Minutes: April 5, 1999, Public Safety Coordinating Council Policy Group, 12:00 p.m

B.  Health and Human Services

1)  RESOLUTION AND ORDER 99-4-21-5 Appropriating an Additional $32,059 in Revenue and Expenditures in Fund 286 for Individuals with Developmental Disabilities (PAAF #56 to the 1997-99 Intergovernmental Agreement 20-001.

C.  Public Works

1) ORDER 99-4-21-6 Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Dust Oiling Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 1999 to September 15, 1999, Contract No. 99-M&S-53.

2)  ORDER 99-4-21-7 Removing the 15 Ton Weight Limit on Mt. Vernon Cemetery Road and South 57th Street and Prohibiting Through Truck Movements.

MOTION: to approve the Consent Calendar.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 5-0.

11. ASSESSMENT & TAXATION

a.  ORDER 99-4-21-8 Approving Submission of Assessment and Taxation Grant Budget to the Oregon Department of Revenue.

MOTION: to approve ORDER 99-4-21-8.

Gangle reported the Board is approving submission of a grant to the Oregon Department of Revenue for Lane County to participate in grant revenues to help fund Assessment and Taxation functions. He said his total budget runs about $4.3 million, that also includes part of deeds and records. He noted approval of this will allow them to submit the grant to the Department of Revenue and receive revenue to offset the cost of Assessment and Taxation. He said the anticipated amount to be received is $984,000 for the upcoming fiscal year.

VOTE: 5-0.

12. MANAGEMENT SERVICES

a.  ORDER 99-4-21-9 Appointing One New Member to the Lane County Human Rights and Affirmative Action Advisory Committee.

Laura Yergan, Management Services, stated she is taking Hector Rios' place. She said due to the fact that Linda Wagner had resigned her position with the County and her position on the Human Rights and Affirmative Action Advisory Committee, they asked another individual who had applied in the most recent pool of applicants for the County employee position on the committee, Hsiao-Ching Rothgery. Yergan noted Rothgery was interested in becoming a member and had been highly recommended by the interview panel. She noted Rothgery would complete Linda Wagner's term until November, 2002.

Green noted that one of the concerns that comes up when they appoint people to committees is their value, because they are volunteers. He said he supports the recommendation.

MOTION: to approve ORDER 99-4-21-9.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

13. PUBLIC SAFETY

a.  ORDER 99-4-21-10 Approving the Remodel of the Custody Referee and Corrections Administration Office Space, Amending Board Order 98-5-13-12 to Add the Custody Referee/Corrections Administration Remodel to Public Improvements Projects FY 98/99, Authorizing the Expenditure of Approximately $111,098 for the Corrections Administration Remodel from SCAAP Grant Funds and Delegating Authority to the County Administrator to Execute Documents.

Mark Gray, Sheriff's Office, provided copies of drawing and estimates (copy in file). He noted since 1979, there had not been any major changes in the administration area to deal with the needs of the employees. He added they have increased the number of employees they have. He said in 1979 they had 60 correction deputies and six sergeants and a group of support staff. He said now they are up to 96 correction deputies, nine sergeants and 74 support staff, but had not provided any additional space for lunch facilities. He added the custody referee's office is designed for two or three staff members and there are now 14 computers, 13 staff members and in the same space since 1979.

Van Vactor indicated he left a voice mail for the Sheriff. He pointed out for the Board that the State Criminal Alien Assistance Program grant funds are coming in, but are revenue and under existing financial policies and would flow into the cash carryover and be a resource the next year. He said they face a deficit and wanted them to be aware if they agreed to do the portion of the remodel with regard to the administration portion, they are spending a revenue they could otherwise hold to help offset future costs. He added it is renewable. He stated his recommendation would be to authorize the portion of the custody referee but not the portion for the administration space.

Gray responded that Option 1 was to complete both of the projects. He added the other option is to complete the custody referee office space. He noted the custody referee does not have enough money in her budget to pay for the HVAC system that needs to be remodeled for her office space. He said they recently received an OSHA complaint because of the HVAC system and the response they provided OSHA was that they were in the process of designing an HVAC system that will meet the needs of the custody referee's office space.

John Clague, Sheriffs Office, commented that they have double the amount of employees and they do not have a place to eat lunch or hang their uniforms. He noted adequate support space needs to be provided for the employees.

Van Vactor asked why it wasn't part of the $11 million addition.

Clague responded they used the money from the state to provide bed spaces. He said the County is under a federal court order and a matrix release of over 8,000 prisoners per year and they provided the beds for the inmates to keep that matrix release down.

Dave Factor, Court Administrator, noted the $96,000 allocated for remodeling of the custody referee space in the Lane County Jail is money that was originally allocated from this current biennium for extra additional staffing for custody referee personnel. He said through the Community Corrections Act Grant and three limited duration positions awarded by the 97 legislative assembly, they received six new people in the office. He added there were a variety of vacancies that occurred during the two year period, and that is where the $96,000 is from.

Sorenson stated when there are inmates in the Lane County Jail that have seen a custody referee and have been approved for release, their attendance in behavior is within the 80% range of being compliant with the terms of their release.

Factor noted that people who are released through the custody referee program are people who have been housed in the jail awaiting trial. He added they are pre-trial accused defendants and 84% of people released on the matrix are pre-trial offenders. He said of the group who are released on supervision through the custody referee's office, only 24% fail to appear.

Morrison questioned other uses the money could be put towards.

Clague noted there had been discussions about police on the street. He stated the Sheriff is taking the position that if there are employees, the infrastructure and support systems need to be able to support them. He added if they are not adequately supporting the existing employees in the jail with adequate locker and meal space, additional deputies couldn't be added because they couldn't be supported either.

Green stated he would support the staff recommendation.

Dwyer stated it was commendable that they were trying to solve potential employee problems.

MOTION: to approve ORDER 99-4-21-10.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-1 (Morrison dissenting).

14. EMERGENCY BUSINESS

None.

Commissioner Green recessed into afternoon session at 12:00 p.m.

Melissa Zimmer

Recording Secretary

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