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January 27, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Commissioners' Conference Room, 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

Green pulled items 4 a) b) and c), to be heard at the next meeting on Wednesday, February 3, 1999, because there is more work that needs to be done.

2. PUBLIC COMMENTS

Mike Baker, 2188 N. Danebo, is a member of the VVA, Chapter 144 and is on the Board for the Lane County Veterans Service office. He read a letter into the record and passed out handouts. (Copy in file)

Weeldreyer suggested he work with her through DeFazio's office to address the issue not just at the Lane County level, but all Veteran Services offices. She said to ask congress to direct the Veterans Administration to give a base budget to all veteran's service offices and allow the state and local jurisdictions a chance to build on that. She added there is an obligation of the federal government and Veterans Administration to provide at least a base budget that can be built upon from the local and state level. She said the Board could help find a solution to his problem.

Van Vactor informed Baker that the federal government is considering a couple of different locations for a courthouse, one of which is where the Veterans office is located, so he would be moving out of that location and into another County facility.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson reminded the Board that on Friday, January 29, he will be hosting the Y2K Community Preparedness Program in Harris Hall. He said on Tuesday, February 2, he will be going to Salem with the Association of Oregon Counties, making a presentation on how a bill becomes a law with other county commissioners who were previously in the legislature. He added he hoped to speak with Lane County legislators regarding the PERS issue. He said on Friday, January 29, he will be going to Oasis, a senior program, to discuss what Lane County Commissioners do.

Dwyer reported he will also be going to Salem and may have dinner with the legislative delegation. He said since there may be more than two commissioners present, he wanted to know how they could have dinner without violating the intent of the public open meeting law.

Terry Wilson, County Counsel, reported it can be a social event, but no deliberation or working toward a conclusion. She added to meet individually to exchange information is fine, but to collectively have a speaker to stand up and convey information could get into a problem area.

Dwyer stated that a scenario needs to be developed with regard to the Advisory or Legislative Committee meeting to get clear understanding about the bill summaries so they can be quickly reviewed with advice of counsel beforehand. He said his goal is to get a good handle on the concepts that are going before the legislature to determine whether or not it is good public policy.

Weeldreyer stated she will be serving in a lead team role on telecommunications legislation in this session. She said last Friday there was a public meeting with the Public Utility Commission where the governor had presented his principles for how he will screen telecommunications legislation. She said on Monday she sponsored a Chamber of Commerce forum in Cottage Grove on the overview of telecommunications. She said she was told there will be a new fiber line installed from Bandon to Springfield, that will go up old Highway 99 to connect Cottage Grove and Creswell. She added this will give all the unincorporated cities in East Lane County an opportunity to have access to high speed broad band telecommunication facilities that will provide a lot of community economic development opportunities.

Morrison reported she was also in Salem for the Oregon Coastal Zone Management meeting. She said a number of agencies presented their agendas for legislation and it was interesting to see the difference in what agencies feel that local communities are looking at. She said there is a difference on what they perceive communities are doing and what they need. She said she also attended the Long Tom Watershed meeting in Veneta. She said she attended the Lane Economic Committee Meeting on Monday and they chose five projects to submit to the Regional Strategies Group. She added of the five projects, three were in her area.

Commissioner Green recessed the meeting into executive session.

Commissioner Green reconvened the meeting at 10:30 a.m.

4. COMMISSIONERS' BUSINESS

a.  ORDER 98-12-9-1 Approving an Employment Contract with the County Administrator. (Pulled)

b.  ORDER 98-12-9-2 Approving an Employment Contract with County Counsel. (Pulled)

c.  ORDER 98-12-9-3 Amending Chapter 3 of the Lane Manual to Revise Provisions Regarding the Position of County Counsel. (Pulled)

d.  ORDER 99-1-27-1 Appointing One Member to the Roads Advisory Committee.

Dwyer stated he nominated Jack Radabaugh, who is retired and has an interest in growth. He said Radabaugh has a background in engineering and traffic and would be a perfect addition to the Roads Advisory Committee.

Morrison asked how many applicants applied for the position.

Dwyer responded three or four including Jim Branch, who served on the committee before.

Sorenson said he thought Radabaugh would be a great addition to the committee.

MOTION: to approve ORDER 99-1-17-1.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-1 (Morrison dissenting)

5. EXECUTIVE SESSION as per ORS 192.660

To be held later in the morning.

6. COMMITTEE REPORTS

a.  Legislative Standing Committee Report.

Dwyer reported that there is a draft bill concept that changes Chapter 414 of the Laws of 97, eliminating the 150 Day Rule, Sunset Clause. He said it essentially keeps the 150 Day Rule and eliminates the Sunset Clause, instead of reverting back to the 120 days in processing land use decisions. He added 120 days were not enough and they struggled with this and the legislature found a middle ground and 150 days is working and they want to continue it. He said it was his recommendation along with the committee to support the elimination of the Sunset Clause with the 150 Day Rule.

Morrison agreed with Dwyer as it has worked well in the transition period and to revert back to 120 days would not be the best thing to do.

MOTION: to approve the Legislative Committee recommendation to eliminate the Sunset Clause that would make a permanent change to the 150 Day Rule.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 5-0.

7. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor reported there had been a lot of work with PERS at the staff level and additional things may be learned next week. He said as soon as he knows if anything has been successful, he will let the Board know.

8. CONSENT CALENDAR

A.  Approval of Minutes:
March 17, 1998, Work Session, 9:00 a.m.
March 18, 1998, Regular Meeting, 1:30 p.m.
May 12, 1998, Work Session, 9:00 a.m.
May 13, 1998, Regular Meeting, following HACSA
May 13, 1998, Regular Meeting, 1:30 p.m.
January 6, 1999, Regular Meeting, following HACSA

B.  County Counsel

1)  ORDER 99-1-27-2/In the Matter of Acceptance of Election and Proclamation of Results (November 3, 1998 Election).

C.  Health and Human Services

1)  RESOLUTION AND ORDER 99-1-27-3 Appropriating an Additional $4,798 in Revenues and Expenses in Fund 286 in the Department of Health and Human Services for Services to Individuals with Mental Illness (IGA 20-001, PAAF 46, 47).

2)  RESOLUTION AND ORDER 99-1-27-4 Appropriating an Additional $6,651 in Revenues and Expenses in Fund 286 in the Department of Health and Human Services (OHD Revision #5).

D.  Management Services

1)  ORDER 99-1-27-5 Authorizing the Sale of Surplus County Owned Real Property to Jack S. Houston and Dorothy J. Rainy, Former Owners of Record (Map #17-03-27-10-01801, 2133 Laura Street, Springfield).

E.  Public Works

1)  ORDER 99-1-27-6 Accepting the Director's Report for Estimated Assessments for Pearl Street (County Road Number 254) Between M.P. 0.00 and M.P. 0.39.

2)  ORDER 99-1-27-7 Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Bluebelle Way Affordable Housing Project (41st Place South). (Public Hearing: February 24, 1999, 1:30 p.m., Harris Hall Main Floor)

3)  ORDER 99-1-27-8 Awarding Contract No. 98/99 PKS-06, Richardson Park Campground Phase 2 Comfort Station, to Morris P. Kielty General Contractor, Inc. for $153,286 and Delegating Authority to the County Administrator to Sign the Contract.

4)  ORDER 99-1-27-9 Amending the FY 97/98 Through FY 99/00 Bridges Agreement with OBEC Consulting Engineers for Design and Construction Services for Various Bridge Projects.

5)  ORDER 99-1-27-10 Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 894 (Parvin Road aka L.E. Mathews Road) and County Road No. 1277 (Parvin Road aka New Lost Creek Road) (19-01-21).

6)  ORDER 99-1-27-11 Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1281 (Lost Creek Road) (19-01-21).

7)  ORDER 99-1-27-12 Appointing Stephen Davis to the Parks Advisory Committee.

Sorenson stated there were changes that needed to be made on the minutes of March 17, 1998, and he wanted to pull that set of minutes.

MOTION: to approve the balance of the Consent Calendar.

Sorenson MOVED, Morrison SECONDED

VOTE: 5-0.

Sorenson noted that on the Minutes for March 17, 1998, it should be Captain Tom Brett, not lieutenant. He added it is an important responsibility of the Board to make sure that the minutes are processed sooner. He said the Board is approving minutes that are ten months old. He said part of the openness of public process is for people to be able to follow what the Board is doing. He said it is not criticism of any one person.

Melissa Zimmer, Recording Secretary, stated the older minutes were due to a position change that took place earlier in 1998. She said she has kept the minutes current since she has started.

Sorenson said he appreciated Zimmer's working to keep the minutes up. He said it is a minor improvement that needs to be made to the minutes.

MOTION: to approve the corrected Minutes of March 17, 1998.

Sorenson MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

Green echoed Zimmer's comments that there was a position change and he noted Sorenson's concerns.

9. HEALTH AND HUMAN SERVICES

a.  ORDER 99-1-27-13 Establishing a Temporary Help Position in the Department of Health and Human Services.

Linda Eaton, Manager of the Alcohol Drug and Offender Treatment Program, reported about a temporary need in the program for office assistant help. She said there are enough people to provide it, but they don't have enough hours to work to meet their needs. She said the request is to convert extra help to a temporary health position for the balance of this fiscal year.

Morrison wanted to know why the position wasn't filled before, if there was the need.

Eaton responded they did it as quickly as they could through the County recruitment process for office assistants. She said the person's position goes away at the end of June and she is not asking for this in the next budget year.

MOTION: to approve ORDER 99-1-27-13.

Morrison MOVED, Sorenson SECONDED.

VOTE: 5-0.

10. MANAGEMENT SERVICES

a.  STATUS REPORT Labor Relations with Lane County's Labor Unions.

Craig Starr, Labor Relations, reported there will need to be discussions with some of the units in an Executive Session. He reported that there are five unions representing employees in the County. He said contracts were negotiated in 1997 with AFSCME, Admin-Professional and the Prosecuting Attorneys, which represent about 54% of the County staff. He added the contracts currently provide for a 14 step salary schedule scale and there is one remaining cost of living adjustment that would occur July 1, 1999. He noted the two other units, Local 626 and Public Works were open for negotiation at the same time as the other three units. He said they have not been successful in reaching an agreement to this point. He said LCPOA represents Deputy Sheriffs and Public Safety and they are on a different contract schedule, that is scheduled for negotiation April 1 for a new contract, that would become effective July 1, 1999.

Dwyer wanted to know the status of the Human Resources Manager to deal with labor problems.

David Suchart, Management Services, reported they have not hired a labor person, pending the hiring of the Human Resources Manager.

Sorenson requested the percentage of people under the five union agreements as opposed to the number of employees for the non-represented administrative or exempt employees.

Starr responded that 84% of County employees are represented by one of the five units and 16% of County employees are non-represented. He added the non-representative include positions that are similar to the union but because of the confidential nature of the work that they do, they are excluded from representation. He added there are 1385 employees who work for Lane County.

Van Vactor noted that there was a 14 step plan because of the long term savings it produced in going with the 14 steps and 2 1/2% cost of living in between.

Sorenson wanted to know if interest based bargaining was used in the context of an agreement with HACSA.

Starr said he had not been involved with the Housing Authority, it was handled by Housing Authority staff themselves. He said in 1994 they had an effort with AFSCME to do interest based bargaining. He said trainers came in and trained County negotiating team staff and union staff with extensive training and spent time on interest based bargaining. He said it is an effort to try and avoid staking out positions and instead deal with the interests of each party and try to find areas where those interests can be mutually obtained. He said some good things came out of interest based bargaining in terms of the working relationship and language issues in the contract. He added back then he didn't have to deal with the financial issues. He said at one point in time the County was not doing cost of living adjustments. He said with the last round of negotiations with AFSCME, they inquired whether they had an interest in pursuing that kind of a process and they indicated they didn't.

Suchart noted he, Craig and the rest of the staff are for interest based bargaining but they do not have the staffing to do it with several unions. He added it works successfully with the Housing Authority because they have time to devote to it. He said it is successful for benefits for the County because the Joint Benefits Committee meets monthly and that is with several bargaining units. He added the concept is good.

Green said that they can get to "yes" if everyone operates in an environment where the negotiations are being conducted with good faith efforts.

11. PUBLIC SAFETY

a. DISCUSSION Future of the Forest Work Camp.

Green said the issue before the Board is the future of the Forest Work Camp. He said that Sheriff Jan Clements is looking for direction from the Board in terms of priorities about the Forest Work Camp.

Jan Clements, Sheriff, introduced Lt. Robert Perdue. He said Perdue has 36 years with the Lane County's Sheriff's Department and plans on retiring. He said Perdue is most often called the "Father of the Forest Work Camp" as he has been with the program since its inception.

Clements reported that the camp was closed a number of years ago due to County budget difficulties and they were able to bring the camp back using $260,000 of general fund money. He added they leveraged that with state money to fund the County's responsibilities of Senate Bill 1145 offenders. He said it was important to open the camp as opposed to continue to spend the public's money on something that was not providing any bed space. He added Bill 1145 shifted to the new jail and there was not sufficient money to continue at the 120 bed level. He said there is a long term issue of permanent funding. He said there are a variety of scenarios as the solution. He reported one is to close the camp and/or downsize. He added to have a public discussion to inform the constituents of what they are facing, to give them greater clarity in community support for the program and commit for continued operation at bare bones to make certain decisions. He said another scenario is to deal with the closure, either one at the end of February or end of June. He added it would result in an immediate increase in matrix releases until the new additions are ramped to full capacity. He said he is recommending downsizing from 120 to 30 beds as an interim measure until they can receive money from the general fund, state monies, a levy or a combination of them. He said he needs to get to the 120 bed level by July 1, 2001 at the latest. He said this proposal, without downsizing, would not operate at peak efficiency. He added that money could be available by operating on the tail end of the biennium plan. He said if all the money in the jurisdiction has to be turned in, it could be put into the operation of the jail in the general fund and for some measure to offset that to assist in funding the camp.

Van Vactor stated he was supportive of the Sheriff's recommendation as it is the best recommendation under the circumstances.

Weeldreyer concurred with Van Vactor.

Green also stated that he is supporting the bare bones approach and is not in support of closing the Forest Work Camp.

Dwyer stated he was in agreement that this is the best the County has and hopes the state will recognize its responsibility in securing the safety of Lane County.

Sorenson stated he had concerns about safety issues as it affects cities and their public safety systems. He said he would like to see cities expand their municipal role in housing inmates and to consult with the Public Safety Council when Lane County chooses to cut its camp from 120 to 30 beds.

Clements reiterated that the public's interest is first and foremost.

Morrison stated she was in support of Option 3 as it is paramount for future relations with the community.

Van Vactor noted that it is called a Forest Work Camp because its use is on forest land and under the state law it was approved that the predominant use has to be forest related and a lot of their contracts are with the BLM for forest work.

Weeldreyer noted that knowing it is $500,000 to mothball the Forest Work Camp, it is in the taxpayer's best interest that the Board supports the sheriff's efforts to continue to have minimal operations.

Green reiterated that there is consensus of the Board to go forward with the option of the "bare bones" approach. He said he could make a speech to the PSCC about the Board's consensus.

Van Vactor said the County will need to bring a planned amendment through the PSCC.

Clements said it is only an interim solution and he doesn't know what the time frame is. He said in the longer term they need to concentrate on permanent funding and he asked the Board for their assistance in aggressively looking at the state's responsibility to procure funding as it is critical to the public safety interest of Lane County's citizens.

Weeldreyer noted that the last couple of jail tours that she had been on, she noticed the television had been tuned to programs that she thought were not conducive to the environment, like Rikki Lake or Jenny Jones. She wanted to know if the Citizen's Advisory Committee or jail staff discussed creating a policy around television programming available to the jail and limiting it to the Learning Channel.

Clague stated that currently there is no cable in the jail so whatever controls they use is from the antennae on the roof. He said the County's franchise with TCI requires them to provide a free cable drop for the jail and he has had an interest in putting the cable into the jail for the purpose of an inmate management tool. He said it is an important issue that needs to be addressed.

Clague stated he could get the information that was discussed to the PSCC for their meeting on February 11.

12. EMERGENCY BUSINESS

None.

There being no further business, Commissioner Green adjourned the meeting at 11:00 a.m.

Melissa Zimmer
Recording Secretary

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