minhead.gif (11357 bytes)approved Approved 10/27/99

October 6, 1999

BOARD OF COMMISSIONERS' REGULAR MEETING

Harris Hall Main Floor - following HACSA

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

Weeldreyer added item 4 b. under Commissioners Business, a short staff report on the Scenic Byway Ordinance.

2. PUBLIC COMMENTS

Nancy Nichols, 1830 Washington, stated she applied for the Board of Property Tax Appeals. She said she was not chosen, but was interested in filling the position, if someone else couldn’t serve.

Warren Weathers, 29 S. Alder, Lowell, stated he is the Mayor of Lowell. He encouraged the Board to join the fiber optic consortium as it is important for Lowell’s economic development. He added they rely on the Board’s leadership, and hopes the role of the consortium would be as a facilitator, not a financial drain for anyone. He said in the interim, Lowell is willing to pick up its fair share of the costs.

Nick Erhousen, 2858 Warren St., discussed domestic partner benefits. He said he was declaring a rhetorical war between himself and county government. He said he didn’t want to have to pay insurance for people who live together.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson announced there was an article in the August edition of Sunset Magazine about the 5th Street Market. He described the EWEB program "Solar Works." He stated he attended the meeting of the Oregon Commission on Asian Affairs. He reported that the Public Market’s Task Force Meeting will be held on October 19 at the Downtown Eugene Management Office.

Morrison reported there is a proposed initiative by Oregon Trout to transfer ownership of lands to the state parks that could have impact on revenues coming into the forest trust land counties. She said the County needed to stay involved with this because Lane County stands to lose money if this happens. She said she was involved with a conference call with AOC and Senator Wyden’s staff about the Craig Wyden Bill and the concerns about the bill. She noted that Senator Wyden expressed concerns about the Clinton administration getting it passed, so Lane County needs to be actively conversing with DeFazio on whether there is any flexibility with Lane County’s position.

Dwyer apologized for his not being at the Strategic Planning Meeting, as he was hunting. He announced he has a new intern, Autumn Rodell, who is doing a study on the issues of growth. He announced that he became a great-grandfather.

Weeldreyer reported she will be attending the National Rural Telecommunication conference in Colorado next week.

Weeldreyer thanked the standing room only crowd at the Transplan meeting. She said Transplan will affect Eugene for some time to come and it is an opportunity for people to give their opinions. She noted a key theme of 80 people that spoke was how the dollars of Transplan will be spent for road projects. She added there was criticism that they were not thinking more strategically to other alternatives that would not have such a heavy impact on the environmental quality and livability of the area. She noted that all of the dollars come from the state highway trust fund, that includes a constitutional prohibition on using those dollars for anything but road projects. She said they need to look for alternatives to become less dependent on domestic and foreign oil in the future.

Sorenson suggested to broaden the staff presentation so there is more information given during the middle of the public hearing.

Dwyer stated the Transplan meeting was interesting and hopes there will be more talk about electric vehicles or alternative fuel vehicles that don’t pollute the environment.

Weeldreyer said she sent an E-Mail message about Marcola Road, deferring the design of the intersection of Hill Road, to give Public Works and herself time to meet with the impacted property owners. She said they came up with three options for the design of the intersection, and she will be bringing forward the recommendation. She added rather than re-opening another public hearing on the process, she wants to allow a public comment section before the vote is taken on which design to take.

Weeldreyer commented on the Integrated Vegetation Management audit that was distributed to the Board Members and the advisory committee. She said they are asking for feedback on the scope but noted the audit did not involve the public health issues that came up originally. She noted it only looks at the financial impacts of mowing vs. chemical treatment.

Weeldreyer noted the strategic planning process was making good headway and she thanked everyone for their help in getting the information together. She stated with regard to the regional partnership around community economic development, the counties to the north (Linn, Lincoln and Benton) did meet and have sent a letter to Lane County inviting Lane County to join them in creating a regional investment board. She recommended to reconvene the co-partners to give them an opportunity to work with the LCOG board.

Green noted that as a board, they need to give Weeldreyer the Board’s position on this, as it is confusing. He said with regard to road assessments and funding, he and Weeldreyer are the representatives on the City Council subcommittee on road improvement and funding with assessment issues. He said by the end of the month they should be able to determine what is equitable and what would be palatable for the jurisdiction as it relates to rural assessments. He said he was encouraged by the strategic planning in Florence and the participation and good ideas.

4. COMMISSIONERS' BUSINESS

a. UPDATE Facilities Capital Improvement Projects.

David Suchart, Management Services, reported the grand opening of the two treatment centers took place. He said they will be continuing tests for Y2K and they will be running the generator for an extended run over Veteran’s Day. He said he is currently involved in going through the building and pointing out errors for the architect and contractors.

Suchart noted that with the Federal Courthouse building, it is on hold as he cannot get any response from the General Services Administration, but he did meet with the appraisers to approve the County’s facility for the feds.

Suchart reported that LCOG will be moving over Veteran’s Day weekend and the space will undergo renovation for movement of Health and Human Services into the space. He added the Human Services Commission will also be moving into that space. He said they are beginning the process of moving Mental Health out to the Skipworth site. He noted because of the conditions at the Heeron Center, they needed to move on this quickly.

Suchart noted they are working with Bill Dwyer on the free speech courthouse plaza to work on grant funding. He said on October 19, he and Peter Sorenson will be attending the Public Market Task Force to talk about market space downtown.

Suchart said with regard to the courthouse roof, they went over a plan to re-roof the courthouse for next summer. He said they are working not to disrupt the courthouse for next year.

Sorenson said on the specifics of the roof, there is a new federal funding stream called One Million Solar Roofs, and there is money available for public buildings and suggested Suchart investigate this.

Suchart asked Sorenson to put him in contact with the people and he will have the architects look at it.

Sorenson responded the contact person is Frank Vignola, a professor that heads up the solar energy research laboratory at the University of Oregon.

Suchart announced that Jackie Mikalonis will assist him with regard to the cafeteria.

Van Vactor noted when the Pathways program moves to the new facilities, it opens up the old Pathways. He said discussions took place on whether there were any needs for that facility with Lane County departments. He said Steve Carmichael has a use and a grant for residential housing for youth.

Sorenson asked if there was a plan to get an RFP to local businesses for the cafeteria.

Suchart said the plan would be to meet with employees to talk about the different options and then put out an RFP, asking the community for their ideas.

Green noted that as a Board they were not interested in the restaurant business. He said there is space and he wanted to look at it from the perspective of a property owner, making the best use of it as it relates to cafeteria food service business. He suggested contacting Kari Westlund from CVALCO, as she is a good source for ideas.

b. DISCUSSION Staff Report on Scenic Byway Ordinance in South Lane County.

Weeldreyer explained it is a designation that the Oregon Department of Transportation provides. She said South Lane applied and they were approved. She noted it would be a designation on the state highway map as well as a colorful brochure that ODOT publishes each year, of the scenic byways. She added it would be a loop tour of covered bridges in the South Lane area. She noted the City of Cottage Grove had already passed the ordinance required to limit off-premise signs, to retain the scenic beauty of the drive. She added ODOT requires that Lane County must pass a similar ordinance and to do that, requires a scope of work to meet the January, 2000 deadline for passing the ordinance and having South Lane be recognized in next year’s state publications. She added it is very important for South Lane tourism.

Kent Howe, Land Management, noted the issue came before the Board in March of 1999. He stated there was direction from the Board to work on an ordinance that would limit off premise signage along scenic byways. He added that Land Management came back to the Board in April with a prioritization of their work program and this was on the bottom. He said it was brought to the attention of staff within the last few weeks that there is a deadline involved of January 1, 2000, to have an off-premise sign ordinance that would be in concert with the scenic byway designation. He stated that Land Management staff looked at the work involved and it is something they can fit within their schedule with additional overtime work. He noted this will require a joint planning commission and Board public hearing, around December 14.

Howe reported that ODOT, in doing a scenic by-way designation requires limitation on off premise signs to be consistent with the scenic provisions of the designation. He added before they would authorize the scenic byway designation, Lane County would have to have an ordinance in place that would regulate off premises signs.

Green asked if the City of Cottage Grove would be contributing to this.

Howe said that the City of Cottage Grove had done their regulations for the area within their jurisdiction of Cottage Grove.

Dwyer asked if any other projects would be impacted if Land Management worked on this one.

Jim Mann, Land Management, reported that it wouldn’t impact any projects because it would entail about four days of work time and it would be done on overtime. He added there was nothing they could change to put this on instead.

Weeldreyer noted the Board was asked to do this last year and the City of Cottage Grove went ahead and approved their ordinance last year, so they have had over a year and the Board chose early in the year not to prioritize this highly for Land Management. She encouraged the Board to make their wishes known about this at the joint meeting with Cottage Grove.

Sorenson stated he was in favor of this as the deadline is a difficult problem. He added it is an economic development issue that affects the tourism economy of South Lane County and is a beautification, quality of life benefit to the people of the County. He suggested to go ahead with this plan.

Weeldreyer reported the McKenzie Valley Chamber of Commerce is working with the Willamette National Forest to put in another application to the process to have the McKenize area also designated as a scenic byway.

Green stated he was concerned about the partnership as it relates with Cottage Grove and the overtime work.

5. RESOLUTIONS

a. RESOLUTION AND ORDER 99-10-6-1 Proclaiming October 1999 as Domestic Violence Awareness Month.

Rob Rockstroh reported that Women’s Space asked them to do this resolution.

Green read the resolution into the record.

MOTION: to approve Resolution and Order 99-10-6-1.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

b. RESOLUTION 99-10-6-2 Proclaiming October 1999 as Breast Cancer Awareness Month.

Green read the resolution into the record.

MOTION: to approve Resolution 99-10-6-2.

Dwyer MOVED, Morrison SECONDED.

Susie Engles and Pat Dames, Health and Human Services, made a presentation to the Board regarding breast cancer awareness.

VOTE: 5-0.

c. RESOLUTION 99-10-6-3 A Joint Resolution of Lane County and the City of Florence Establishing KCST FM 106.9 as the Official Emergency Broadcast Station for West Lane County.

Morrison reported this goes with the collaborated effort within the community about emergency preparedness. She noted there will be a program on October 14, bringing everyone together within the community with the American Red Cross and the CERT program. She noted this order has to do with the FM tower that is on Glenada Hill and not near County property. She recommended to the Board to pass the resolution.

MOTION: to approve Resolution 99-10-6-3.

Morrison MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

6. EXECUTIVE SESSION as per ORS 192.660

There will be an Executive Session this afternoon.

7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor reported they had a successful day with strategic planning.

b. WORK SESSION First Reading and Setting Second Reading and Public Hearing Ordinance No. 8-99 Amending Chapter 8 of Lane Code to Add Provisions that Ratify the Creation of the Regional Fiber Consortium (Lane and Klamath Counties) and Fiber South Consortium (Lane, Douglas, and Coos Counties) (LC 8.600 and 8.700).

Weeldreyer reported this is an opportunity to pass an ordinance that would allow Lane County to become a member of two new intergovernmental organizations under the 190 Statute of the state. She said one of them would be the Regional Fiber Optic Consortium as Lane Klamath, and the other would be a Fiber Consortium, as Fiber South. She noted the Board will not take action today, it will be scheduled for a Second Reading and adoption on November 3. She reported that all of the other cities in the Lane Klamath region have already passed their ordinance and are waiting for Lane County to pass its ordinance. She added they are planning on having their first official consortium meeting in Eugene in conjunction with the League of Oregon Cities’ annual conference.

Wilson suggested to add the time and date of the Second Reading and Public Hearing for November 3, at 1:30 p.m in Harris Hall.

Peter Thurston, Economic Development Coordinator, stated he had been working on this for about a year to facilitate a fiber optic regional interconnection that would have economic development and public service benefits that would be brought to local government. He encouraged the Board (from a staff perspective) to move forward formalizing the relationship among the public entities.

Weeldreyer passed out By-Laws for operating governing types of activities for the consortium and a memo from Peter Thurston (copies in file) that states in this fiscal year, Lane County had invested nearly $70,000 in fiber optic staff activity.

Green asked if there were other uses of the video lottery funds that were prioritized and the balance of the funds.

Tanya Heaton, Budget Analyst, responded the video lottery funds are in the salaries for Peter Thurston and have been for several years. She added these monies would not have been prioritized on a project basis. She noted they directed Thruston’s work from other projects to this project and the Board requested that this work be done.

Green suggested to compare expenses of Lane County with others to see who is carrying the lion’s share.

Weeldreyer stated Lane County initiated this process and made in terms of staffing, the lion’s share of the commitment to date in bringing this forward.

Wilson noted in terms of a long range view, as these entities are up and running, they will have to provide their own management, because they will be separate, independent legal entities and will need to have their own lawyers. She added the appropriate role for county counsel will be to advise the Board on whether it is an appropriate activity on the part of Lane County, but the entity itself will need its own lawyer.

Morrison asked once the consortium was solidified, what the financial obligations of all the partners were. She wondered if there was a budget and how this will be managed.

Weeldreyer responded that they would be using the Regional Cable Commission as a model that currently exists. She said the consortia would determine what kinds of use that communities have for this fiber, and take the information into a request for proposal. She added the revenue generated from the use of this publicly owned fiber would generate jobs in the private sector.

Morrison asked for more clarification about hold harmless provisions and groups paying their share. She asked about the initial set up, where it would be housed and how it would be monitored and if there would be a financial commitment from Lane County.

Green asked that in preparation for the November 3 meeting Peter Thurston come back with a staff report addressing these concerns and questions, prior to the public hearing.

Milo Mecham, Lane Council of Governments, reported that several of the member governments of the consortium have made a contribution in terms of a contract with LCOG. He added LCOG had made an in-kind contribution of his staff time, charged to project development. He noted the organization is set up to allow for the possibility for groups to make contributions, but not to mandate that. He said any contributions in the form of dues would be done by a vote of the Board of Directors, on which Lane County would be a member. He said it would be set up so the County’s obligation is retained by the County.

Sorenson asked if the agencies that paid more money would have greater control.

Thurston responded that it had been discussed by those members in both consortia, beginning in the planning process, but not answered. He added they did not want to presume in the planning process, that the board of the two consortias had been formed and what the actual control and sharing would be.

Weeldreyer volunteered to be the Lane County Board representative to serve the County’s interest on the two consortia. She recommended before the first meeting takes place, that any concerns the Board has be given to her so she is representing the County’s interest.

Sorenson suggested that members of the consortium should have control over the funds they contributed, as a percentage of the total. He asked how this would play with strategic planning and if it is the direction that public money should be going towards in the future.

Van Vactor responded that one of the outcomes of the strategic planning exercise is a recommendation of a technology plan for Lane County. He said what is being done in the economic development arena will be a key part of the technology strategic plan.

Mecham stated the Internet lives on fiber optics so creating a fiber optic infrastructure is a way to get the Internet to work better. He noted as a result of these types of connections, LCOG has begun to have discussions with the justice court and the police system in Florence. He added they are interested in getting video arraignments and other types of activities in Florence, so they don’t have to face the government expense of transporting prisoners. He said in order to be able to provide that, a fast reliable link is needed between Florence and the court in Eugene. He added it is not just economic development with opportunities for private businesses on the Internet, but a way of making government services more efficient.

Dwyer stated he supported Weeldreyer in this regard as he believes the only risk is not participating.

MOTION: with the understanding of the Board’s direction to give a good faith effort in doing side-by-side cost comparisons as to what individual members of each consortia have brought to the process to date, and to move approval of the First Reading and set the Second Reading and Public Hearing on Ordinance 8-99 to November 3, 1999 at 1:30 p.m.

Weeldreyer MOVED, Dwyer SECONDED.

Green said with regard to different options of control, the one Sorenson made concerned him because whoever puts in the most money gets the most votes. He suggested County Counsel Wilson work with Sorenson to come up with different alternatives.

Weeldreyer stated she was concerned about that as well. She asked if there should be another work session about control.

Wilson agreed it was a good discussion to have. She said a memo could be produced as part of the public hearing.

VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes:

August 11, 1999, Regular Meeting, 1:30 p.m.

September 7, 1999, Joint BCC/Coburg City Council Meeting, 6:30 p.m.

B. Children and Family Services

1) ORDER 99-10-6-4 Approving Two Contracts with Relief Nursery, Inc., One in the Amount of $179,392 to Provide Intensive Family Support Services, and One in the Amount of $208,874 to Provide Crisis Nursery Services in Lane County; and Delegating Authority to the County Administrator to Execute These Contracts.

C. County Administration

1) ORDER 99-10-6-5 Amending Board Order 99-9-8-8 Appointing and Reappointing Justices Pro Tempore for the Oakridge Justice Court for One (1) Year.

D. Health and Human Services

1) ORDER 99-10-6-6 Awarding Contracts for the Safe and Sound Youth Project, and to Delegate Authority to the County Administrator to Sign Contracts in the Total Amount of $198,158.

2) ORDER 99-10-6-7 Awarding a Subcontract in the Amount of $450,032 to Prevention and Recovery Northwest for Alcohol and Drug Treatment Services and Authorizing the County Administrator to Sign the Document.

E. Management Services

1) ORDER 99-10-6-8 Relinquishing Certain Property Along Centennial Boulevard to City of Eugene.

F. Workforce Partnership

1) ORDER 99-10-6-9 Appropriating an Additional $185,865 in Revenues and Expenditures for the Lane Workforce Partnership, Department (37), Fund 249.

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

9. CHILDREN AND FAMILIES

a. ORDER 99-10-6-10 Appointing Two (2) New Members to the Commission on Children and Families.

Pat Rogers, Commission on Children and Families, reported in the last legislative session, Senate Bill 579 created the appointment to local commissions of someone who has municipal government experience. She said in an effort to fulfill that mandate, they are recommending the appointment of Mayor Jim Torrey and Bernard "Skip" Rodden.

MOTION: to approve ORDER 99-10-6-10.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 5-0.

10. HEALTH AND HUMAN SERVICES

a. ORDER 99-10-6-11 Delegating Authority to the County Administrator to Sign a Contract Amendment in the Amount of $28,746 with Safe, Inc. for LaneCare Consumer Operated Services.

Rockstroh stated this item would normally have been on the consent calendar and it is a consumer-run, owned and operated organization. He said it was an extension of that contract.

Dwyer MOVED, Morrison SECONDED.

MOTION: to approve 99-10-6-11.

VOTE: 5-0.

b. ORDER 99-10-6-12 The Request of Lane County for an Exemption per ORS 279.015 to Extend Current Community Corrections Act Contracts.

Rockstroh noted the department did not get the funding levels from the state until August 25. He said they were forced to extend the contract, for the second time.

Trina Laidlaw, Assistant County Counsel, reported there are two orders. She noted the first order is the Board of Commissioners sitting as the local contract review board. She said that is for approval or disapproval for exemptions of competitive selection. She said the second order is if the Board decides to approve the exemption to the competitive selection for these particular contracts, they are delegating authority to the County Administrator to sign amendments through January 31, 2000. She reported the County was late getting money from the state and there is an extended planning process that needed to occur, once the money is available.

MOTION: to approve ORDER 99-10-6-12.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

Van Vactor noted the statutory requirements on the loan are detailed and specific and may need to come back and put on the consent calendar.

c. ORDER 99-10-6-13 Delegating Authority to the County Administrator to Execute Contract Amendments with Addiction Education and Counseling Services in the Amount of $50,904, Eugene Center for Family Development in the Amount of $50,900, Goodwill Industries in the Amount of $8,826, Lane Shelter Care in the Amount of $4,888, Richard Lyle and Associates in the Amount of $6,300, Passages in the Amount of $37,767, and Sponsors in the Amount of $131,469.

MOTION: to approve ORDER 99-10-6-13.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

11. MANAGEMENT SERVICES

a. ORDER 99-10-6-14 Appointing Two Pools of Board Members Who May Be Selected by the County Clerk to Sit on the Board of Property Tax Appeals.

Sorenson stated he received a telephone call from Ms. Nichols, who came to the Public Comment earlier in the day. He said she offered her willingness to serve in the event that some of the others who were chosen were not able to perform their duties.

Annette Newingham, Elections, noted that historically they had chosen individuals who have been on the Board that had served for a number of years. She said there is not a lot of change. She added there are members who are in the pool and they will bring new ones in.

MOTION: to approve ORDER 99-10-6-14.

Sorenson MOVED, Morrison SECONDED.

Newingham noted the members chosen are Don Moon Lee, Robert Taylor, Roy Cook, and Loren Meredith.

VOTE: 5-0.

12. RIS

a. ORDER 99-10-6-15 Award of Requirements Contract for RFP No. RIS 99/00-01 for Network Equipment, Software, and Support Services for the Period of 9/22/1999-9/21/2002.

Paul White, Regional Information Systems, asked the Board to approve a contract for the purchase of network products, establishing a network connection. He said they have been in the process of purchasing products under an existing State of Oregon requirements contract. He said this requirements contract will allow them to improve the administrative and staff efficiency in making purchases. He added it doesn’t require them to purchase any particular amount of product, other than the minimum of $1,000 and it allows them to make purchases more efficiently, at a reduced cost compared to the past.

MOTION: to approve ORDER 99-10-6-15.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

13. EMERGENCY BUSINESS

None.

There being no further business, Commissioner Green recessed the meeting at 11:30 a.m.

Melissa Zimmer, Recording Secretary

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