approved Approved 9/22/99
July 28, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor - following HACSA
Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. Acting County Administrator Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Green noted that item 7.b.2. was taken care of yesterday, and under Emergency Business there will be an item from Steve Carmichael at a time certain of 11:00 a.m.
Weeldreyer stated during Commissioners Business, she wanted to have a presentation of a national award from the National Association of County Information Officers to Mike Moskovitz. She said she had a letter she wanted the Board to authorize, to the Bonneville Power Administration for a water and energy bill that would prohibit the Bonneville Power Administration from giving fiber opportunities to rural communities. She added she wanted to give a recognition award and resolution to Frank Hunsaker, who is retiring after 30 years with the U.S. Forest Service.
2. PUBLIC COMMENTS
Dan Porter, 28828 Royal Ave, stated he was present because of an item on today's agenda pertaining to his land. He said one lot is 3 acres and the other is 9.3 acres. He said he wanted to build his own house, but it is currently zoned agricultural and he wants to rezone it. He added the lots are surrounded on two sides by rural residential houses and by the urban growth boundary. He said the land is in the Metro Plan area and it is destined to be changed from agricultural. He stated he believes his land meets the state standards for rezoning to rural residential, five acre minimum. He added the rezoning won't cost the County any money and he is paying for all of the planning consultants. He asked the Board for their approval to allow them to proceed with the application process.
David Oaks, stated he is co-coordinator of Support Coalition International, and the group works for the human rights of people who are diagnosed with a mental disorder. He said they want to break the silence about problems with the local mental health system. He said some of the problems they have seen include deaths and complaints of forcing psychiatric drug injections without adequate ombudspersons or representatives to support them. He said they would like to meet with the Board to give an overview of their perspectives.
3. COMMISSIONERS' ANNOUNCEMENTS
4. EXECUTIVE SESSION as per ORS 192.660
5. COUNTY ADMINISTRATION
6. PUBLIC WORKS
a. REPORT BACK AND ORDER 99-7-28-1 Directing Staff to Prepare Board Items Necessary to Convert the Economic Development Assistance Program (EDAP) Revolving Loan Fund to a Community & Economic Development (C&ED) Road Improvement Assistance Program.
John Goodson, Public Works, reported they went back to the Roads Advisory Committee last month and made suggestions, and the packet was revised to include them. He noted the program would eliminate the current loan program and change it to a grant program with $3.2 million available for the program. He added there are two types of projects that the County would provide financial assistance for: road improvements, community development type projects, roads that would serve public facilities (including sports facilities) and public facilities (schools). He said the second type would be economic development projects (and that is what is included in the existing program). He said each year all the money available in the fund would be available for expenditure at the Board's discretion. He said if the funds were being replenished on a regular basis, it would be okay, but because there is no longer a loan program, monies will not be repaid into that fund. He said that the Roads Advisory Committee suggested an endowment type fund where the principle would be invested, and only the interest earnings would be available for expenditures. He noted an advantage of that would be funding generated each year to go back into the program, continuing on an annual basis. He said the downside is that the amount of money available is less because at 8%, it would earn $250,000 per year. He said he found out the investment earnings have been averaging 5% and the amount earning would be $160,000.
Goodson said the process for review and prioritization of proposals, include a community development-type committee from schools, cities and agencies making requests. He added a possible disadvantage is that those making the request may be put in a position of evaluating proposals that are submitted to the County. He said the second option is the Board's economic development standing committee, and the one the Roads Advisory Committee recommended was their group or a subcommittee of the Roads Advisory Committee review the proposals. He said another issue is the frequency of project consideration by the Board. He said with review criteria, some are listed in Appendix B (copy in file) but they are not satisfied that they are the best criteria and they could be improved. He suggested to possibly have a work session with the Board to elaborate on the criteria. He said they are looking at direction from the Board on questions on this and then they would make the changes to Lane Manual and Lane Code and schedule a public hearing for changes to Lane Code.
Sorenson asked if there were other endowment-type funds that were being worked with.
Goodson stated this was the first time a fund was created.
Sorenson asked Goodson if it was his recommendation to have an endowment-type fund.
Goodson responded it was his recommendation to have this fund.
Sorenson said he was in favor of investigating the endowment idea. He suggested to have a different structure for a committee other than either the Roads Advisory Committee or the Economic Development Committee. He recommended to have more of a citizen based advisory committee where the Board appoints a group of people from the community. He said the group should serve as an advisory role to the Board.
Dwyer stated the concept of the endowment is creative but it doesn't solve the problems. He said with regard to this project, if an endowment is set up, it doesn't solve the problems, it just switches the money to another fund. He suggested to make it a loan, an endowment and a grant and then they could respond to the needs of the community as they evolve.
Weeldreyer supported the idea of creating an endowment. She said a more sustainable model would be to use the endowment as a local match for leveraging of other dollars. She suggested to have flexibility with the process of the projects and not putting it into the capital improvements projects list for that reason. She said she wanted citizen involvement and reactivating the economic development committee. She said she would support an endowment fund and ask staff to do more work on the types of investments that could be made to grow the interest faster than what it is currently receiving.
Morrison said she was in support of some kind of a savings program with a matching component to it. She said a group does need to be set up to define what the criteria will be and it needs to be around road projects in communities. She said she would be comfortable with the Roads Advisory Committee doing this. She said she was concerned about the Economic Development Committee because it had not been in use for several years. She said she would support some type of investment fund, having it fall under the Roads Advisory Committee, be on an annual basis and for the committee to look at the criteria to bring to the Board.
Green noted that the original request that came to the Board was around schools, Marcola Road and in Springfield. He said his support in going forward with this agenda item was to take a look at what could be done now. He said the establishment of a loan program was something that the Finance and Audit committee brought forward to the previous Board. He noted that the market and interest changed so it was more feasible for the private sector to go to private parties to get money cheaper. He said he would agree to set up a fund that would allow a rebuilding or mechanism that would allow interest bearing for the long-term because the road fund is depleting. He said because there are existing needs, the total amount of money does not need to be put into the fund. He said there is a model in place already, through the housing policy board. He said the Board could participate through the road fund every two years, and then projects would be recommended to the Board. He said he did not want to form a new group and has confidence that the Road Advisory Committee could do the job. He said a portion of the funds could be put into an endowment around economic development but with community development, there will be a committee that will review and advise the Board on what projects have merits and then have it come to the Board. He added the Board has an obligation to talk about immediate needs to participate in community development.
Dwyer agreed with Green and said an endowment is a good idea and the matching money shows a commitment and willingness by a community to put up some of its money to match it. He agreed that the Board needs to meet the immediate needs and put a portion of the money in an endowment. He favored a process where all the communities could come to the County and ask for help and the County could respond.
Weeldreyer said she would support the Roads Advisory Committee as being the entity that creates criteria for this, and comes back to the Board. She said she wanted at least a window of two times a year or a six month process that would help move forward a community project. She said she would like more staff work to narrow down the focus on options of an endowment.
Morrison said her concern is that $3.2 million is not that much money. She said by investing the whole thing, there will be a larger return on an annual basis. She said by cutting it in half, there would be less each year to work with in trying to help communities. She said she wanted to see the immediate needs looked at in the whole picture of the criteria that is being set up. She spoke in favor of a mechanism to give out more money.
Goodson asked if the loan program is eliminated and changed to a grant program.
Green responded yes.
Goodson asked if economic development projects are to be included with the community development projects.
Green said he was in favor of separating them.
Morrison favored eliminating the economic development portion.
Dwyer and Sorenson agreed with Morrison.
Goodson asked about an endowment fund that is to be year-to-year or a split.
Green said whether or not an endowment is feasible needs to be explored.
Goodson asked which committee would set up the criteria and advise the Board.
Green responded the Roads Advisory Committee has the majority support.
Goodson asked about the frequency of the consideration by the Board.
Green responded that it should be bi-annually.
Goodson said they will fully investigate the endowment fund and whether it is possible to increase the interest earnings.
Green suggested to consider the administration part and maintenance charges. He said there should be a Board Order that comes back on a future date so there would be a document in place.
MOTION: to approve ORDER 99-7-28-1.
Weeldreyer MOVED, Green SECONDED.
Green noted the Board is discontinuing the loan program and giving direction to staff to convert it to a community development program and eliminating the economic development portion.
Terry Wilson, County Counsel, stated the effect of the order is to start in motion the things that were discussed to implement the consensus the Board had demonstrated and where the Board wanted more investigation to direct staff to bring that work back.
b. ORDER 99-7-28-2 Initiating a Type I Amendment to the Eugene-Springfield Metropolitan Area General Plan For Tax Lots 200 and 300 of Map 17- 04-30 (File PA 99-5599; Porter).
Mike Copely, Land Management, stated the proposal was delivered to Land Management in May and on May 17 it was referred to the Board of Commissioners, individually, pursuant to Lane Code requirements, to determine if the Board wished to take it up as an agenda item with an order. He noted that three commissioners indicated in writing that they wished to do so and one commissioner indicated that he did not. He said the matter is before the Board for the process of initiation. He said if the Board decides to initiate the amendment process, it would invoke the process for the three metro area jurisdictions to conduct public hearings at the planning commission and elected officials level. He said this is the opportunity for the Board to evaluate whether the amendment is a good idea to devote these type of resources. He added there is no criteria the Board needed to respond to. He added if the Board decided to go ahead with the initiation action, the order is included and if they decided not to go ahead, an order could be prepared declining to initiate. He said the matter was discussed last month in a Board work session concerning the overall process on how these amendments should be handled.
Green added there would be no cost to the County. He said there could be associated costs by way of staff work on each jurisdiction. He wanted an estimate on the time commitment.
Copely said Lane County would take the lead on it and it would be necessary to prepare staff reports and coordinate with the other two jurisdictions at the staff level, schedule hearings, bring in the three planning commissions and respond to the applicant's input, and do the same at the elected official's level. He said it was hard to calculate but it would be more than the fee that was paid. He added it would take between six and nine months to complete the process.
MOTION: to take no action regarding this request.
Dwyer MOVED, Sorenson SECONDED.
Dwyer stated it is costly and it is encroaching on the urban reserve overlay, the boundaries and the importance of agricultural land to the County and open space. He didnt think it is right that because someone bought property outside of conventional zoning that they could build a house on it.. He added since this is discretionary, he is obligated to protect the integrity of the planning process in the urban growth boundaries and he is concerned about the wedges that will change the character of the community. He said he is not in favor of this.
Sorenson asked how many Type I amendments the Board had received.
Copely responded this is the first of this type of amendment at the County level. He added there is another request that is pending before the Board that had not yet been resolved.
Sorenson said he agreed with the motion, but to be careful with the Board's power to initiate these Type I Amendments.
Weeldreyer asked if they went forward would it change in any way the aspects to the Metro Plan of parcel size.
Copely responded there is no fundamental principles or policies that would change. He said in terms of precedent, they look at them at a case by case basis and it is possible it would be regarded as a test case.
Green stated by supporting this request, it is in no way supporting the final outcome of the rest of the process. He stated he is in support of the request to initiate. He said there is no guarantee that if it comes back to the Board he will support it. He said he wants to see what the planning commission and public process recommends. He said it was within the right as a property owner to try the process. He said he would not support the motion as it is stated and will be taking a no vote on the motion.
Dwyer stated he was opposed to it as a commissioner and citizen and will be opposed at every level.
Weeldreyer stated this is an opportunity for the merits of this case to come forward and she said she couldn't support the motion that had been made as she would like to give the property owner the opportunity to fully develop and make the case. She added she may vote no in the future but this is the process that is in place and the owner has the right to go through the process.
Morrison stated she vote no on the motion as well because she thinks there is a right and a process set up for people to have the opportunity to explore.
Green noted the motion as stated is to consider "no action" on this item.
VOTE: 2-3 (Green, Morrison and Weeldreyer dissenting) Motion fails.
MOTION: to approve ORDER 99-7-28-2.
Morrison MOVED, Weeldreyer SECONDED.
Dwyer stated he is trying to preserve the integrity of the County and its growth patterns. He said he wanted planning to be more comprehensive than the piecemeal approach.
Weeldreyer stated this property had already been designated with an urban reserve overlay and at some point the planners in the three jurisdictions decided it will eventually be developed for residential purposes.
Referring to the motion itself, Green said he will support it. He said his biggest concern is that whenever someone buys property, pursuing something they want, there are rules.
VOTE: 3-2. (Dwyer, Sorenson dissenting)
7. CONSENT CALENDAR
A. Approval of Minutes:
June 8, 1999, Work Session, 9:00 a.m.
June 9, 1999, Regular Meeting, 9:00 a.m.
June 15, 1999, Work Session, 9:00 a.m.
June 23, 1999, Regular Meeting, 1:30 p.m.
June 30, 1999, Joint Elected Officials' Meeting, 5:30 p.m.
July 8, 1999, Public Safety Coordinating Council, 2:30 p.m.
July 14, 1999, Regular Meeting, 1:30 p.m.
B. Health and Human Services
1) RESOLUTION AND ORDER 99-7-28-3 Delegating Authority to the County Administrator to Sign a Contract Amendment with Eugene Center for Family Development for Behavioral Support Specialist Services in the Amount of $80,000.
2) ORDER 99-7-28-4 Accepting a Grant from the Robert Wood Johnson Foundation in the Amount of $365,001; Adjusting the Department of Health and Human Services Budget (Fund 785); to Appropriate $94,820; and to Delegate Authority to the County Administrator to Sign the Revenue Contract in the Amount of $365,001.
3) ORDER 99-7-28-5 Awarding Subcontracts for Youth and Adult Outpatient Alcohol and Drug Treatment Services per Exhibit A and Authorizing the County Administrator to Sign the Documents.
4) ORDER 99-7-28-6 Awarding a Contract to Prevention and Recovery Northwest in the Amount of $131,094 and Authorizing the County Administrator to Sign the Contract and Other Contract Documents per Exhibit A (Health and Human Services Department).
5) ORDER 99-7-28-7 Delegating Authority to the County Administrator to Sign an Three Year Contract for Veteran's Services with the Vietnam Veterans of America.
6) RESOLUTION AND ORDER 99-7-28-8 Delegating to the County Administrator the Authority to Sign an Intergovernmental Agreement with the Lane Council of Governments in the Amount of $15,000.
C. Public Works
1) ORDER 99-7-28-9 Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 667 and County Road No. 398 (Hayden Bridge Rd., Rd. No. 667) (17-03-24) (Harvest Lane, Rd. No. 698) (17-03-24).
2) RESOLUTION, NOTICE OF HEARING, AND ORDER 99-7-28-10 Petition to Vacate A.L. Parkhurst Road, County Road 1029, from the McKenzie Highway to the McKenzie River, Being Located 900 Feet Downstream from Rosboro Bridge Which Crosses the McKenzie River, in the Northwest Quarter of Section 11, Township 17 South, Range 3 East of the Willamette Meridian (17-35-11) (Public Hearing September 8, 1999; 1:30 Harris Hall).
D. Workforce Partnership
1) ORDER 99-7-28-11 Adding Two Full Time Employment Specialist II Positions in the Workforce Partnership Department (37), Fund 249.
2) ORDER 99-7-28-12 Establishing One Full Time Programmer Analyst I Position and One Full Time Secretary II Position in the Workforce Partnership Department (37), Fund 249.
Green noted that there is an item missing on 7. b. 4. and item 7. b. 2. was acted on yesterday.
Morrison stated there was an item missing on the corrected 7. b. 4.
MOTION: to approve the balance of the Consent Calendar.
Weeldreyer MOVED, Morrison SECONDED.
Morrison noted that item 7. b. 4. on the corrected copy, Exhibit A where the addition was made, John Alcott for $1,000 is not listed. She said she wanted to make sure that it was deleted or left in.
Wilson responded there is no need to grant authority to the County Administrator to execute the amendment with him because it is below the 50% limit. She noted the order would be fine if approved.
MOTION: to approve 7 b 4.
Morrison MOVED, Weeldreyer SECONDED.
8. COMMISSIONERS BUSINESS
Weeldreyer asked for the Board's permission to have Green sign a letter in support of the BPA's intent to make fiber available for public benefit and to oppose any congressional language that would prohibit the Board from doing that.
Dwyer agreed with Weeldreyer
Green asked County Counsel to proofread the letter and he would sign the letter.
Morrison stated she wanted to see the current federal legislation that is going through for her own benefit and when the letter is done to see that as well.
Weeldreyer and Morrison presented Mike Moskovitz with an award from the National Association of County Information Officers for his work on the Thurston shooting tragedy.
9. EMERGENCY BUSINESS
ORDER 99-7-28-13 Accepting a Donation for Operational Funding for the Youth Campus
Steve Carmichael, Youth Services, stated on June 22 the Board approved the process of donors contributing to the operations of programs on the Youth Campus. He reported there is a donor that is prepared to make a $3 million donation to the Oregon Community Foundation for services on Lane County's Youth Campus. He added it is the second largest donation in the history of the County to any organization.
Carmichael noted the donor is Dr. John Serbu, who is a retired neurosurgeon in the community who is giving the donation in the memory of his son, Cameron. He said that Carmeron had become hooked on heroin and killed himself. He said that Dr. Serbu wants the death not to be hidden and wants his gift known that it was in memory of that.
Carmichael reported that he had been working with County Counsel and the Oregon Community Foundation to make this work. He said the gift will be given to the foundation and it will be known as the John Serbu Youth Campus Fund as part of the Oregon Community Foundation. He said they merge their funds from different donors and invest them as a pool. He said the County will receive the interest of those funds at 5% and wants to make sure the principle remains intact. He noted the dollars that will be received will be interest. He said it will provide funds for the treatment programs and Dr. Serbu wanted the money to go toward juveniles who have substance abuse problems on the campus. He said it will be a base fund that will always be there but can be used for the treatment of the population. He noted there is a maintenance of effort clause because the donor gives money to the County. He said the maintenance of effort clause reads that if the County maintains its current level of funding at least at a minimum to the youth campus, then the donor's dollars are available. He added if the County needed to withdraw funds because of the financial situation with the County, and they do it in proportion to other reductions around the County, it is understood. He said if it is not done in that ratio, the trust dollars would be at risk. He said it is hoped that this will encourage other donors to the Oregon Community Foundation in this fund. He added the request is to name the campus the John Serbu Youth Campus. He asked the Board to accept that and to proceed.
MOTION: to approve ORDER 99-7-28-13.
Dwyer MOVED, Sorenson SECONDED.
Dwyer stated he was gratified by the doctor's desire to help children. He said he regards this as an unselfish act that needs to be emulated by more of the community.
Weeldreyer and Green echoed Dwyer.
There being no further business, Commissioner Green recessed the meeting until 1:30 p.m.
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