APPROVED Approved 8/24/99
June 2, 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
Green noted the addendum item will take place under Commissioners' Business, Order 99-6-2-5, and this afternoon's public hearing will need to be rescheduled to another date and time.
2. PUBLIC COMMENTS
3. COMMISSIONERS' ANNOUNCEMENTS
See number 12.
4. COMMISSIONERS' BUSINESS
a. UPDATE Facilities Capital Improvement Projects.
David Suchart, Management Services, reported the contractors are finishing the visitation area at the jail and with regard to the Juvenile Justice Center, most of the work is being done on the interior. He noted they received bids on May 18 on the furnishings for the building inside the detention center and the agenda item will be brought to the Board next week. He reported they had a successful test by shutting down the building on May 14 in the Public Service Building and they were surprised that there were some areas that were on emergency power. He noted at 1:30 a.m. they found that it had been leaking oil and the generator had been repaired. He said there is still work to be done on the roof and he is investigating liquidated damages. He noted he was working with Senator Beyer on the possibility of obtaining the State building. He also noted that the rock wall on the Public Service Building had been deteriorating and he is having architects investigate the problem.
Green asked about the future plans for the cafeteria.
Suchart responded it was going well and he finishing up the inventory on the equipment in the cafeteria. He said he is planning on bringing Clive Monsdale from Lane Community College to meet with employees and put together bids for the fall. He added most of the comments from employees are they like Serranos and have been using it.
Green said he would like to see more variety.
5. EXECUTIVE SESSION as per ORS 192.660
Will take place after the meeting.
6. COMMITTEE REPORTS
a. Legislative Standing Committee Report.
Weeldreyer reported that there was a disappointing removal of the Assessment and Taxation funding, that Brady Adams did not support.
Green noted that on the Juvenile Crime Prevention piece, that it is going to Ways and Means with $10 million less than what was proposed by the governor (Senate Bill 55-14) and they are asking for more out of the state and local commissions, but they are funding it at a lesser rate.
7. COUNTY ADMINISTRATION
b. ORDER 99-6-2-1 Electing the PERS Employer Contribution Rate for Fiscal Year 1999-2000, and 2000-2001.
Van Vactor stated that PERS gave them an additional seven different options from the original three on October 6, 1998. He said they have sent a copy to the actuary and Pete Newirth has recommended Option 6, that takes the Countys rate and reduces it from 13.73 to 13.16, based on a 38 year amortization, rather than a 30 year. He said he is not happy with the rate of the amortization, but they will get incremental relief if Senate Bill 722 passes with the current Tier 3. He said over time it will have the affect of reducing the rate and the 13.16 rate would have a slightly less negative impact on the organization and there wouldnt be increases in the future. He said they are recommending Option 6.
MOTION: to approve ORDER 99-6-2-1.
Dwyer MOVED, Morrison SECONDED.
8. YOUTH SERVICES
a. ORDER 99-6-2-2 Accepting a Grant Award From the National Institute of Justice in the Amount of $2,000,000 for the Purpose of Administering the Breaking the Cycle Program Within the Department of Youth Services, and Appropriating $50,000 in Revenue and Expense to the Budget of the Department of Youth Services.
Green noted that this is a $3 million grant, with $1 million for planning. He said he received an E-Mail that they had released the $2 million. He asked if they had reduced the $1 million for planning.
Steve Carmichael, Youth Services, replied no, that it was an award in which they received notice in November of 1998 (they just received the award, $2 million ) with the understanding they would find another $1 million for the third year of the project and that has not come forth yet. He added they have verbal approval for the third million and they dont want to run the project for two years with $2 million if they would not have the third year.
Carmichael reported that Breaking the Cycle is to break the cycle between drug abuse and crime and 80% of juveniles on probation and parole currently have serious drug problems. He noted that Lane County is the only site in the nation that was awarded the Breaking the Cycle grant to try the same strategy with juveniles. He added they have a year to plan the program and it will look like a drug court with the judge being involved in tracking the progress of the juveniles in the program. He said they have to get some of the planning money into this years budget to cover the cost they have been expending from March 1, 1999 to July 1, 1999. He said it is a $2 million award and they will use about $150,000 in the planning and the rest will be used in the first and third year of implementation , when another million will come forth. He reported there will be a national evaluation that will not come from County funds but by the federal government with an independent evaluation.
Green noted that Lane County has judges who will be involved in the program and that Lane County is fortunate to have Judge Kip Leonard.
MOTION: to approve ORDER 99-6-2-2.
Dwyer MOVED, Sorenson SECONDED.
Morrison stated she wanted to make sure that something is done with the dollars and she wants to see results of the program.
Carmichael said they would have taken less time to plan in a normal situation, but it required a year of planning.
9. CONSENT CALENDAR
A. Approval of Minutes:
May 7, 1999, Regular Meeting, 9:00 a.m.
May 12, 1999, Regular Meeting, 9:00 a.m.
B. Health and Human Services
1) ORDER 99-6-2-3 Delegating Authority to the County Administrator to Sign a One-Year Contract with Resource Connections of Oregon in the Amount of $171,000.
Dwyer noted on 9 A., there is a correction for the April 7 meeting on page 3, where it stated "Dwyer didnt want to get into a battle in Federal Court because it is expensive to the railroad," he said he was concerned about expense to the County in proactive litigation.
Green noted on page 1 that Cindy Weeldreyer was excused.
MOTION: to approve the Consent Calendar with the corrections to the minutes.
Dwyer MOVED, Morrison SECONDED.
10. COUNTY COUNSEL
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance 4-99 Amending Chapter 6 of Lane Code to Revise the Prohibited Noise Provisions dealing with Railroads and Declaring an Emergency (LC 6.520 - 6.530). (Second Reading and Public Hearing: June 16, 1999, 1:30 p.m., Harris Hall)
MOTION: to approve First Reading and Setting Second Reading and Public Hearing.
Dwyer MOVED, Sorenson SECONDED.
11. OTHER BUSINESS
RESOLUTION and ORDER 99-6-2-5 In the Matter of Supporting the Proposal to Stabilize the Forest Service and O & C Payments.
Green noted that in the The Register-Guard, under Civil Calendar, that the Board was reported to be voting to decouple and that was misleading and not the intent of todays action. He said it is a resolution to stabilize payments and support a resolution that the Board could send to their partners around the state, encouraging them to adopt a similar one and to Lane Countys congressional delegates. He added Sorenson and Morrison both went back to Washington, D.C. to testify. He reported the issue they have today is consistent and wants to encourage O & C to adopt a similar resolution. He noted that Mike Moskovitz, Public Information Officer, is working on a brochure that reports on the services that are dependent upon these revenues.
Sorenson noted Ballot Measures 5 and 47 were initiatives and Ballot Measure 50 was a referendum from the legislative assembly.
Dwyer said the Board needs to move forward with this.
Green read the resolution into the record.
Dwyer noted it was 43 USC 1181 and in the final paragraph he left out the word non-decreasing.
Sorenson noted a correction on the fourth line from the bottom on the first page, he said there should be a dash between the number of the Congress and the number of law and should be 103-66 and 103-443.
MOTION: to approve RESOLUTION and ORDER 99-6-2-5 as amended with the additional language and third criteria and striking the word even.
Weeldreyer MOVED, Dwyer SECONDED.
Morrison asked what happens to the County when the harvest receipts exceeds the promised payments.
Van Vactor responded that the administration proposal of the federal government would only have the obligation for the guaranteed payment, not for additional receipts.
Dwyer noted that there is an opt out clause in DeFazios proposal.
Sorenson responded that this resolution is silent on the point, that number 3 discussed the possibility that the payments might be eliminated or reduced and what would happen. He noted there is nothing in the resolution that addresses the answer to Morrisons question. He said it is unlikely and there is no need to have it in there. He noted the previous resolution that the Board adopted dealt with the issue of stabilizing the payments that Lane County government receives and this resolution is an improvement on that because it recognizes the need for the revenue and that the O & C Act originally provided Lane County with three-fourths of the revenue. He said because the cutting had been reduced by 80%, revenues need to be stabilized. (Sorenson read a letter from Gov. Kitzhaber to Senator Wyden on the topic of decoupling.) He added it was a good idea and he is glad the association is recognizing this and the Board will be supporting it.
Weeldreyer thanked the Board for not rushing ahead and drafting their own resolution when it was first proposed and for taking the time to give the draft to the O & C Association, allowing to let them make suggestions. She said by working collaboratively with O & C, they have strengthened the resolution that would have the support of 18 other counties. She said she would be in support of adopting the resolution today.
Dwyer stated it is a resolution and he suggested that if the promised payments are ever eliminated or reduced below the level of historic formula share of harvest receipts, payments would revert to the level provided by the actual harvest receipts and if the harvest exceeds the level of the historic formula level share, congress should review this appropriation.
Green said his support is to stabilize the payments so the County could continue to address concerns that the constituents are asking the Board to do. He added the County has aggressive lobbyists in Washington, D.C.
Morrison noted the lack of resources to do what people in the County want and the resource that is sustainable that could provide the revenues. She added Lane County has been growing more fiber than had ever been grown before in the forests, but is not allowed to do anything with it. She said it is a real issue when she makes a decision about a resource that could be used but not allowed against people not wanting to pay higher taxes.
Sorenson said the Board could be pleased with the language described as they are focusing on the stabilization and the revenue that is appropriate for the federal government to provide Lane County. He said it is a good statement of where Lane County is.
Dwyer stated he would be more comfortable with striking the word "even" as it doesnt change the sentence.
Green noted that the change could be done.
11. EMERGENCY BUSINESS
ORDER 99-6-2-4 Accepting Revenues from the U.S. Housing and Urban Development in the amount of $95,463 and to Delegate Authority to the County Administrator to Sign the Revenue Contract in the amount of $95,463.
Steve Manela, Human Services Commission, reported they were notified last Friday that in order to be eligible to receive funding from HUD for the homeless youth project they would need to have a signed agreement with HUD on the current project, today. He added that last week they sent in an application to HUD for renewal of the grant and four others that were approved by the Board. He said the grant had been operated through the State of Oregon and the State had asked the grant be assigned to Lane County. He said the State in 1996 applied for the grant directly and they no longer intend to continue and if the Board doesnt take action, the department will no longer receive funding from the Department of Housing and Urban Development. He said it was part of their effort to work with a number of partners to get kids off the street and into educational programs and housing.
MOTION: to approve ORDER 99-6-2-4.
Sorenson MOVED, Weeldreyer SECONDED.
12. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer reported there are two events this weekend of interest, a Y2K Community Meeting for all of the granges east of the Coast Range in Lane County. (She noted it will be held at the Irving Grange in Santa Clara and open to the public at 1:30 p.m.). She also said that Oakridge is having its annual tree planting festival and the parade will be on Saturday morning. She announced it was Commissioner Dwyers birthday.
Sorenson reported that the Bus Rapid Transit Steering Committee discussed the East Eugene segment of the route. He asked if any additional Board members wanted additional information that Lane Transit District had offered He reported that Mike Moskovitz had arranged for him and Morrison to be on the KPNW radio program at 4:30 p.m. on Thursday, June 3, talking about a variety of Lane County issues. He added the Lane County Geographic Society (the oldest County geographic society in the United States) is holding their annual meeting on June 3 at Alton Baker Park. He reported on Monday, June 7, the Lane Arts Council is having an event in Cottage Grove, honoring people in South Lane County for their involvement with the arts.
Morrison noted the Draft Recovery Plan had been released by the U.S. Fish and Wildlife regarding the snowy plover (a small bird that nests in the sand) and it may be devastating to the coastal communities in Lane County by possibly closing all of the beaches. She added she is concerned from an economic standpoint for small rural communities.
Green stated he monitored the May 26 meeting of the Eugene City Council regarding the strategic action plan regarding Public Safety. He said there were several concepts forwarded by council members for community policing. He said in the course of their discussion, there were comments about the County and its efforts and priorities. He said the issue around prevention appeared to be City sponsored and he wanted to let Mayor Torrey know that was not the case.
Sorenson suggested to send a letter to both Eugene and Springfield stressing prevention because it would affect the current discussions in Eugene about Public Safety. He added that Springfield had moved ahead on the jail study from an integrated public safety perspective.
Green said he would work with Sorenson on drafting the letter to reinforce partnering concepts.
Weeldreyer noted she had to get a letter to the Board for consideration on the community of Westfir. She said the mill site had been sold to a private purchaser and they are in the process of redeveloping that with the city. She added they had not been able to come up with enough funds through the road fund for the project so the Forest Service has applied for a grant and will develop it into a safety rest area and portal for the southern end of the Afderheide Scenic Drive. She said the contract will be managed by the Forest Service and the County transferred some money that was originally designed for Forest Glen to help pave the area. She said she needed a letter from the Board signed by the chair, stating that when the site is developed, the County will honor a commitment to convey the property to the city of Westfir and it will be Westfirs responsibility to maintain it.
13. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 99-6-2-4 Amending Chapter 11 of Lane Manual to Revise Provisions Regarding Flood Hazard Studies (LM 11.020).
Green stated this item will be rescheduled to June 30, 1999 at 1:30 p.m. in Harris Hall.
14. OTHER BUSINESS
Van Vactor stated with regard to assignments, Weeldreyer requested a letter regarding Westfir and a letter for the City Council.
There being no further business, Commissioner Green recessed the meeting into Executive Session at 11:00 a.m.
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