approved Approved 9/28/99
August 11, 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.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Jan Wroncy, P. O. Box 1101, Eugene, stated she has a hereditary disease that is the underlying cause of her chemical sensitivity. She stated the audit done of the Public Works points out the expenses of the chemical portion of the IVM program, but doesnt include the real cost of litigation that the County has to pay. She added the audit didnt take into account the suffering and losses to people who became victims of non-consensual exposure to Lane Countys herbicide spray applications and the new listings of fish runs in Lane County under the Endangered Species Act. She said this assessment needs to be reviewed and she urged the Board to adopt an environmentally sound practice that excludes the use of toxic chemicals.
John Sundquist, 31139 Lanes Turn Rd., Coburg, noted the report back from staff will present the findings and recommendations of the 1997 TKW audit, specifically, that spraying costs five times as much as mowing. He said the recommendations were asserted again at the Board of Commissioners March 30 meeting by the representative of TKW. He said the decision to sell the spray truck would save the County money, but would not eliminate chemicals from being used cost effectively on the roadside.
Todd Cobel, 23 Azalea, Eugene, stated he had a complaint regarding his rights as a human being. He reported that recently a Chevron station has moved into his neighborhood and there had been property damage to his belongings. He said he lives directly across the street from the station and Chevron attorneys have written letters to his landlord stating that if he is not terminated from his lease immediately, that they will be sued for his actions. He said he was hoping that someone would look into this situation.
3. COMMISSIONERS' ANNOUNCEMENTS
Dwyer said he received communication about open space and from a leadership position, they need to think about talking with the cities of Eugene and Springfield in appointing a task force to determine what collectively they want the community to look like.
Green said he would draft correspondence to the cities of Eugene and Springfield regarding open spaces.
Weeldreyer clarified her support for the need to work as a multi-jurisdictional approach to assessing what the open space needs are and to pool the collective resources. She noted it wouldnt be a short term fix, but a long term matter and she is supporting to move on now it.
Morrison echoed the private property rights issue and the costs and who will absorb them.
Weeldreyer stated she attended the Western Oregon Exposition in Cottage Grove. She added she was one of five community leaders participating in a pie in the face contest to raise money for an animal shelter in Cottage Grove. She said last night she was in Creswell for the Chamber of Commerce night meeting and they discussed the plans for the Creswell, I-5 interchange.
Sorenson reported the Complete Count Committee for Lane County has been getting ready for the Census. He said there will be a meeting on September 9 to go over the upcoming Census Bureau Regional Conference for local government officials. He added on September 27 there will be a public event where the underreported populations from the last census will be discussed.
Morrison stated she met with the City of Lowell and discussed their revenue sharing money plans. She added she attended the O & C meeting yesterday.
Dwyer stated he would be meeting on Friday with Lane Countys PERS consultant regarding what is possible with the upcoming legislature.
Green reported that next Wednesday is Senior Citizen Day at the Lane County Fair, with the annual cake and pie dessert at 2:00 p.m.
4. EXECUTIVE SESSION as per ORS 192.660
5. COMMISSIONERS' BUSINESS
a. DISCUSSION What role does the Child Adolescent Behavioral Health Services (CABHS) (a Subcommittee of Lane County Mental Health Advisory Committee) Play in the Board of Commissioners' Declaration, "Year of the Child"?
Virginia Klassen, Lane County Mental Health Advisory, wanted to know how the Board could address this matter.
Rob Rockstroh, Health and Human Services, passed out a document regarding this committee existing under Lane Manual. (Copy in file.) He said an issue that needs to be dealt with is coordinating the services subcommittee. He said this helps out staff members getting department heads for state agencies. He said they have to determine how to coordinate staff with volunteer members of the committee because there are different statutory obligations.
Weeldreyer said it had been the policy of the Board to expect that the integration was happening at the department level. She said there is a role for the Child and Adolescent Behavior subcommittee of the Mental Health Advisory Committee.
Morrison stated she would submit questions to Rob Rockstroh and Pat Rogers in regard to the plan and their goals.
Green suggested to continue to build what is in place and to look at the where the gaps lie. He suggested to have outcomes in a template form, because at the local level there is one set of outcomes, the state has a different set and the language is different and it gets complicated.
Rockstroh noted the Strategic Plan that Lane County has will include that.
Green reiterated that the Countys direction regarding youth was endorsed by a previous Board and that this Board had not indicated they are in conflict with the previous statement.
Dwyer stated he hoped the declaration would be meaningful, and with the commitment that the Board will follow through in dealing with the problems and gaps in mental health and adolescent behavior. He warned if they dont deal with them at the outset, they will be dealing with them in the criminal justice setting. He noted he wasnt part of the previous Board, but he is committed to children because they are the future.
Green suggested when dealing with the gap analysis, to think about where it fits within the system in a continuum of care.
b. RESOLUTION AND ORDER 99-8-11-1 Approval of Oregon Business Development Fund Project Proposal By Tri-Quality Business Forms, Inc.
Steve Dignam, Lane Council of Governments, reported they had loan programs for small businesses, designed to help businesses that are unable to get financing from conventional bank sources. He said they are working on one for Tri-Quality Business Forms, and they have identified the best product for them is a State of Oregon/Oregon Business Development Fund loan program. He noted this was the second loan they have had for Lane County. He reported the State of Oregon requires a resolution from the Board of Commissioner because the project lies outside the city limits of Eugene on Highway 99. He is asking the Board to approve the resolution indicating its concurrence with the expansion of Tri-Quality Business Forms. He added Tri-Quality is in process of building a new site. He noted they decided to purchase their own facility and the purpose of this loan is to provide a portion of the financing to purchase a new facility.
MOTION: to approve ORDER 99-8-11-1.
Weeldreyer MOVED, Morrison SECONDED.
Morrison said her concern is that their current lease expired on August 1 and they werent more prudent in planning for it.
Dwyer asked who the principals of the company were.
Dignam responded it was a women-owned business by Terry Hawkins of Eugene.
Dwyer noted this resolution only shows that the government supports this business and they are not guarantying loans, and there is no guarantee that the business will be successful.
Green commented that this is a requirement by state, that they need to come to the local jurisdiction. He added the Board is not under any legal obligation to ensure that the recipient of the loan or LCOG performed as promised.
Dwyer said it is a wonderful opportunity to help smaller existing businesses. He added it is not a gift, it is a loan and it needs to be paid back.
6. COMMITTEE REPORTS
a. ORDER 99-8-11-2 Accepting the Proposal From Jones & Roth to Provide Audit Services to Lane County Covering the Three Fiscal Years Ending June 30, 2001, with an Option to Renew for Two Additional Years.
Green explained as a member of the Finance and Audit Committee, he interviewed auditing firms to provide services and sat in on the interview process. He noted what is before the Board is the result of the process. He added that Jones & Roth is a local company and his major point was their looking into the future with their mentor and internship programs. He said he was inclined to accept their application due to their services.
Dean Stephens, Internal Auditor, reported the Finance and Audit Committee made a recommendation for Jones & Roth as the external auditors for the next three years with an additional opportunity to extend the contract for two years. He added the Audit Committee interviewed two proposals from excellent companies and the County was fortunate to get Jones & Roth.
Sorenson asked about the difference between an external and internal auditor.
Stephens responded the external audit is mandated by state law that the County must be audited on an annual basis. He said the internal auditor has independent rules, but the external auditors are more defined, to make sure they are independent of Lane County and will give an objective look at Lane Countys financial position and that the financial statements are presented fairly. He noted not only will they be delivering an audit, they will be delivering a management letter to the Board that will give insights on improvement.
Mike Lewis, Partner, Jones & Roth, added they will be working for Lane County as a third party and will be working with the Board of Commissioners, and intend to prepare a management involvement letter to help the County move forward.
MOTION: to approve ORDER 99-8-11-2.
Dwyer MOVED, Weeldreyer SECONDED.
Morrison stated she was involved with organizations which have Jones & Roth as the accounting firm for and wondered if it was a conflict of interest.
Lewis responded they would have to audit the organization at the same rules of independence, objectivity and integrity that they do Lane County.
Dwyer stated his brother uses this company
Green added his support for this firm included the company being a good fit for the organization, as they have a good cooperative relationship.
7. COUNTY ADMINISTRATION
8. PUBLIC WORKS
a. ORDER 99-8-11-3 Amending Chapter 60 of Lane Manual to Establish a Solid Waste System Benefit Fee for Countywide Solid Waste Management Services (LM 60.875) Effective September 12, 1999.
Ken Sandusky, Waste Management, reported this was the last step in the administrative process of establishing the system benefit fee. He recalled in March, the Board had a discussion on the efficacy of the fee and directed them to develop an ordinance. He added the ordinance went through a first and second reading in May and this item establishes the fees in the Lane Manual.
MOTION: to approve ORDER 99-8-11-3.
Dwyer MOVED, Morrison SECONDED.
Dwyer stated he was not in favor of exclusive franchising and asked if the County could require non-exclusive franchises to do recycling as part of their franchise.
Sandusky said he believed it could be required whether it was exclusive or non-exclusive and it could be a condition, if they want a franchise.
Weeldreyer said in the past she thought it was a disincentive for the local waste haulers to not be given the same advantage of recycling at a certain level that is extended to material recovery facilities. She wondered if the County is setting up a system that is moving backwards in overall recycling goals.
Sandusky responded that most recycling activity that the haulers will provide is mandated and customer driven. He said he didnt see any backslide in terms of recovery.
VOTE: 4-1. (Weeldreyer dissenting)
Van Vactor asked about the status with other city councils.
Sandusky said they had gone through the process with the City of Springfield and the ordinance has been established there. He said they had gone before the City Council of Eugene and they directed their staff to develop an intergovernmental agreement with Lane County, and there is now a draft intergovernmental agreement in process.
b. DISCUSSION Review of Lane County Road Maintenance Performance Audit Recommendation #4 Regarding the Use of Chemicals as Part of the Integrated Vegetation Management Program.
Ollie Snowden, Public Works, reported there was an audit conducted two years ago that included an examination of the road maintenance practices, (whether zone structure is the most efficient way to do business) computerized maintenance management program and at partnering opportunities between ODOT and Lane County. He noted there were 16 recommendations in the report and the Board had discussed 15 of them, given direction to staff and some have been implemented. He said they are implementing others as directed by the Board. He stated this was the remaining recommendation for which they are looking for further direction.
Snowden commented because there was a misunderstanding about what the audit itself recommends, he read paragraphs into the record on Attachment A, second page at the top. He said what the audit is recommending is that the use of chemicals is reviewed. He added that the audit stated the County is putting so many restrictions on the use of chemicals that it hasnt been cost effective. He responded it was not a surprise to the County that it is costing more money to use the Countys chemical program than other counties might have or what was done in the past, because the Board specifically included restrictions on how chemicals would be applied. He added one herbicide application is not necessarily a comparison to a single mowing operation.
Weeldreyer asked if the County sold the spray truck, would the chemicals be used in a judicious manner. She asked what types of impact and costs to the County would take place.
Snowden stated the audit does not recommend that the spray truck be sold. He said it recommends that the County assess or reassess its use of chemicals.
Green asked if the chemicals used by the County were approved by the DEQ.
Mike Perkins, Public Works, responded they are approved by the federal government and all the chemicals have to be tested and approved for use for their labeling. He added the products they use are labeled for right-of-way, and the EPA has determined the products they use are safe to use along the right-of-way even while the public is present.
Green asked if the chemicals the County uses are more or less restrictive than ODOT.
Perkins said the products the County uses are general use products that are not restricted and ODOT uses products with more restrictive use.
Dwyer said he is not anti-chemical, but the County needs to be judicious in its use of chemicals and he would favor selling the spray truck. He said he is concerned with the language of the ordinance, that there is more of a concern with indemnifying the County from lawsuits than in terms of policy. He said the County has a duty to do things smarter and he didnt see chemicals having a long term life in overall need.
Weeldreyer asked if the County sold the spray truck, what impact would it have on the overall road maintenance bottom line and should the County contract out the spray truck.
Snowden responded that ODOT used the spray truck once. He said there could be negative safety problems that could affect the structure of the pavement that shortens pavement life. He said if they wouldnt use herbicides, they would try to do it by both mowing and coming back with a road grader to knock the berm off. He added it adds additional costs that havent been shown in the analysis either by the auditor or the County. He said it is not only the cost of the grader, but of disposing of the materials. He thought the County would incur additional grading costs that they do not have now.
Sorenson asked if there were additional costs or expense information from lawsuits and defending them. He said the public and Board want to have a more judicious use of chemicals. He suggested to sell the spray truck, sell the inventory of chemicals that are related to the spray truck and follow the recommendation and review the current policy on the use of chemicals.
Perkins noted the audit referred to an inventory of $71,000 and it implied the County purchased each year the value equal to ½ of that, when in fact their line item budgets were $24,000. He added it was not an accurate assessment. He stated they are in the ninth year of the truck and with the value, it is on a ten year amortization cycle and they have two years of payments left and then the truck will be paid for.
Morrison said she was in favor of keeping the spray truck, as it was one of the cost effective ways to maintain the structure of the system. She added on the use of the chemicals, she doesnt share the same concerns about the use of the chemicals and the effects they have.
Green asked why the previous Board moved from the previous policy where they didnt spray.
Snowden responded it was his understanding the curtailment came because of the practices Lane County was using, including a tank sprayer and the concentration of chemicals in the water. He said the Board felt it was inappropriate. He added when the Board reinstituted herbicide spraying, it was in the context of an IVM program and that is when the department came back with a program in its current form, that includes restrictions that the audit talked about. He noted they dont spray as much as they used to do. He said what is present today is different than what they curtailed back in the 80's.
Van Vactors recommendation was to direct Public Works to go through the Finance and Audit Committee, and be reviewed by the internal auditor.
Dwyer stated he was not advocating a change in the policy, he wants to get rid of the spray truck and effectively contract the services and monitor them to minimize exposure.
Weeldryer stated she didnt have enough information today on a cost comparison of getting rid of the spray truck and going to mowing and grading to maintain the integrity of the roads. She said she would not want to take action to direct Public Works to sell the spray truck. She noted that this Board has taken policy positions that have required a higher level of cost for a greater level of public safety. She said she was for placing this with the Finance and Audit Committee, for a fair comparison of data.
Green said he would accept the recommendation from the County Administrator to have the Finance and Audit Committee review this.
Morrison stated she wanted to see all the costs factored in with the cost of a spray truck vs. what a new road grader would cost.
Sorenson said he doesnt share the view that the department is operating satisfactorily and he is giving direction to sell the spray truck.
Green gave direction to staff to contact Zoe Gilstrap on the Finance and Audit Committee to put this back on the agenda for the future.
c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1137 Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Agricultural" and Rezoning that Land from "F-2/Impacted Forest Lands" to "E-40/Exclusive Farm Use"; and Adopting Savings and Severability Clauses (file PA 98-2271; Springfield Country Club) (Second Reading & Public Hearing: September 1, 1999, 1:30 p.m., Harris Hall Main Floor).
MOTION: to approve First Reading and Setting Second Reading and Public Hearing.
Dwyer MOVED, Weeldreyer SECONDED.
d. FOURTH READING AND DELIBERATION Ordinance PA 1128 Amending the Eugene-Springfield Metro Area General Plan to Adopt a New "Residential Land Use and Housing Element" and Related Changes to the Plan Text and Glossary; and Adopting a Severability Clause.
Mike Copely, Land Management, reported since the Board will not be meeting on August 25, the date needed to be changed to August 24 for the Fifth Reading. He added this could also go to September 1, if needed. He added it is a follow-up to the work session that was held on June 16. He said the Board raised some issues and they were responded to. He noted that both Eugene and Springfield city councils adopted the changes in total and there is agreement among jurisdictions. Copely said they are recommending to conduct a fourth reading on the new material, substitute the Exhibit "A" that was received with the memo for the originally received Exhibit "A" and then move it to a fifth reading on August 24.
MOTION: to approve a Fourth Reading on the new material, substitute a new Exhibit "A" and then move it to a Fifth Reading on August 24.
Dwyer MOVED, Morrison SECONDED.
9. CONSENT CALENDAR
A. Approval of Minutes:
June 16, 1999, Regular Meeting, following MWSD
July 26, 1999, Public Safety Coordinating Council Meeting, 12:00 noon
B. Public Safety
1) ORDER 99-8-11-4 Approving a Contract Between Lane County Sheriff's Office and the Oregon State Marine Board, in the Amount of $265,960 for the Period July 1, 1999 Through June 30, 2000.
C. Public Works
1) RESOLUTION AND ORDER 99-8-11-5 Accepting a Boating Facility Grant from the Oregon State Marine Board for Boating Improvements at Triangle Lake, Bender Landing, and Mercer Lake, Appropriating $72,535 in Fund 216, Directing the Parks Division Staff to Apply for $50,000 in Oregon Department of Fish and Wildlife Grant Funds, and Delegating Authority to the County Administrator to Sign the Cooperative Agreement and the Grant Application.
Weeldreyer noted one change to the minutes of June 16, under Commissioner Announcements, on page 2, she ran two things together, the meeting at the Lorane Grange on Friday, June 18, was regarding the New Core Project, not the Fiber Optic.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Weeldreyer SECONDED.
10. HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 99-8-11-6 Establishing a .5 FTE Psychiatrist in the Department of Health and Human Services.
Rob Rockstroh, Health and Human Services, reported it is a way to take contracting services at a less expensive way with more staff time.
MOTION: to approve Resolution and Order 99-8-11-6.
Dwyer MOVED, Sorenson SECONDED.
b. ORDER 99-8-11-7/In the Matter of Establishing a Temporary Help Position in the Department of Health and Human Services.
MOTION: to approve ORDER 99-8-11-7.
Dwyer MOVED, Sorenson SECONDED.
11. MANAGEMENT SERVICES
a. ORDER 99-8-11-8 Creating the Classification and Salary Range of Animal Regulation Program Manager.
David Suchart, Management Services, reported they had the classification of Animal Regulation classified as a clerical supervisor. He noted the previous director had set it up so there were two people of equal responsibility running Animal Regulation, one clerical and one in charge of the kennel and field services. He said he did not find that to be a workable option and when budget reductions were made, it was better to have one person running it with more management experience than animal regulation experience. He added that due to the vacancy in the position, this was the time to review the classifications. He said the job they are bringing before the Board is a combination of what used to be called the Animal Regulation Manager and the Animal Regulation Supervisor, with functions that would handle the administrative end of it. He said he is looking for a manager, but not at a level as high as finance or human resources. He noted a blend of those jobs is a better way to operate the department, given the financial constraints.
MOTION to approve ORDER 99-8-11-8.
Weeldreyer MOVED, Morrison SECONDED.
12. EMERGENCY BUSINESS
There being no further business, Commissioner Green recessed the meeting at 11:45, to return at 1:30 p.m.
Melissa Zimmer, Recording Secretary
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