BOARD OF COMMISSIONERS'
March 13, 2002
Commissioners’ Conference Room
Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison and Peter Sorenson present. Cindy Weeldreyer was present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Under Commissioners Business, two letters would be added: a letter regarding the PILT payments; and a letter regarding the McKenzie Fish project.
2. PUBLIC COMMENTS
3. COMMISSIONERS' REMONSTRANCE
4 EXECUTIVE SESSION as per ORS 192.660
5. COMMISSIONERS' BUSINESS/RESOLUTIONS
a. UPDATES/OSU Extension Service.
Bo Freeman, Extension Service, gave his Extension Service report. (Copy in file.)
Morrison asked what happened with the budget cuts. She also asked about the one percent surcharge.
Freeman responded they would feel the budget cuts. He stated at the state level they transferred a federal position to state dollars. He noted the state was taking some money back and they would have to reduce teaching hours in the nutrition education field. He hoped to match the monies with grant monies. With regard to the surcharge, he talked with the director and they understood they would have to go through the legislature.
b. UPDATE/Facilities Capital Improvement Projects.
David Suchart, Management Services, stated the mental health building was 80% completed. He reported the restrooms in the basement had all been ADA retrofitted, and all of the doorways in the Public Service Building would be automatic. He said they are going through the environmental review of the child advocacy center. He noted there was a problem with zoning of the Boy Scout land. He reported they were upgrading the elevator in the building. He stated they were finished with the LCARA roof plans and the cattery. He said he would be bringing the whole capital improvement plan to the Board on April 2 with options on all of the different projects.
c. RESOLUTION 02-3-13-1/In the Matter of Recognizing Samuel Glaser for Outstanding Community Service.
Sorenson read the resolution into the record.
MOTION: to approve 02-3-13-1.
Sorenson MOVED, Green SECONDED.
d. REPORT/External Audit.
Mike Lewis, Jones and Roth, stated they had met with the Finance and Audit Committee twice and had gone through the management letter comments in detail. He discussed the unqualified report (page 1). He didn’t believe there were any hidden liabilities or assets. He discussed the reports on pages 104-106. He noted Lane County receives a significant amount of federal financial assistance. He said every year they select different programs based on risk to see how well Lane County had done, and thus look at programs not looked at before. He added they prepare a report required by the Secretary of State Division of Audits dealing with the budget (page 102) of the financial statement.
Lewis noted all the comments were integrated into the management letter. He added their goal was to tie everything together with Jones and Roth and the internal auditor.
Morrison commented that each year they receive the report there are reoccurring issues. She was concerned they were not adequately addressing some of them quickly enough in-house. She noted there were some endeavors made toward trying to be timelier and doing things in a different framework.
Lewis commented the Finance and Audit Committee would have to take more of an active role in issues that come up that the Board wants auditors to deal with.
7. COUNTY ADMINISTRATION
8. PUBLIC WORKS
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance PA 1170/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Agricultural" and Rezoning That Land From "F-2/Impacted Forest Lands" to "E-30/Exclusive Farm Use"; and Adopting Savings and Severability Clauses (File PA 00-5810; Sullivan) (Second Reading & Public Hearing: April 3, 2002, 1:30 p.m.).
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1170 on April 3, 2002, 1:30 p.m.
Morrison MOVED, Green SECONDED.
b. ORDER 02-3-13-2/In the Matter of Appointing One Member to the Vegetation Management Advisory Committee.
Ollie Snowden, Public Works, reported the VMAC committee had a vacancy with the resignation of Mara Levin. He noted there were only two people who were interested in serving on the committee. He said the VMAC reviewed the information and recommended Chris Melotti as the appointee.
MOTION: to approve ORDER 02-3-13-2.
Morrison MOVED, Sorenson SECONDED.
c. FOURTH READING AND DELIBERATION/Ordinance No. 1-02/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Parks and Recreation System Development Charge, and Declaring an Emergency (LC 4.600-4.670). (NBA & PM 1/22/02, 2/6/02 & 2/19/02)
Rich Fay, Parks, reported this was the System Development Charge ordinance. He noted that on February 19th they brought the last revisions of the ordinance to the Board.
Weeldreyer asked if they could push the implementation date of the ordinance out another month. She received a call from a constituent in Blue River who was in the middle of getting a permit and stated Land Management didn’t know this was happening. She suggested more of a lead time before they implemented it.
Dwyer stated the emergency clause was designed to take care of all of the delays they had in accommodating the language changes by the people who had filed objections. He added it wouldn’t impact any applications that were already in the process.
Fay said they would work to get the information out to the public.
MOTION: to adopt Ordinance 1-02.
Green MOVED, Sorenson SECONDED.
Green wanted to also make sure Land Management knew this was taking place.
Morrison stated she would vote against the motion. She understood the need for improvements but she had seen increases of fees being placed upon building permits. She supports parks but thinks there is a better waywith all the agencies coordinating with one other.
Sorenson stated it was important that Lane County move ahead to provide for parks and its capital needs over a long period of time. He supported the motion.
Weeldreyer stated she was supportive of the concept of this ordinance as Lane County is growing and having a good park system is important in preserving the livability of Lane County. She wanted the Board to delay implementation for at least two months.
ROLL CALL VOTE: 4-1 (Morrison dissenting).
d. ORDER 02-3-13-3/In the Matter of Authorizing the Parks Division to Partner with the Friends of Buford Park and Mt. Pisgah to Accept Two Grants for the Purpose of South Meadow Habitat Enhancements at Howard Buford Recreational Area.
Fay recalled on January 9 the Board adopted the South Pasture Management Plan and authorized Parks to partner with the Friends of Buford Park to apply for four grants for enhancements. He stated that two of the grants were awarded and two were not. He stated the grant for the Watershed Enhancement Board is $94,495, of which the Lane County Parks match would be $3,220. He noted it was an in-kind match of staff planning time, signage and mowing that could be assigned. He added the other grant was the Fish and Wildlife Service for $25,000 with the Friends of Buford Park for $25,000.
MOTION: to approve ORDER 02-3-13-3.
Morrison MOVED, Green SECONDED.
e. ORDER 02-3-13-4/In the Matter of Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Irvington Drive, MP 0.00 to MP 1.47 , Based on the Design Concept in Exhibit A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road. (NBA & PM 3/12/02)
Green asked what the rationale was in going from two lanes to three lanes on the project.
Sonny Chickering, Public Works, responded when they went to the stakeholder group, they used the more conservative plan as a starting point. He noted in the course of their discussions, they had an option that retained three full lanes of traffic all the way through. He added they had another plan where they wanted to narrow the lanes as much as possible to create more green space.
Chickering said there was the distinction of whether the road fits into an overall road network as part of an arterial road system. He stated the Roads Advisory Committee sees Irvington Road as one piece of a larger road system. He added the Roads Advisory Committee saw the larger picture and they were more comfortable with the concept of a three-lane roadway than the individuals who live on the road.
Green stated since the neighbors who live on the street would be having their properties impacted, he thought there should be some weight given to their concerns. He said there is an expectation by the public when there is a stakeholders group that when they give their requests that their opinions and recommendations would be considered. He said there was disappointment from the stakeholders’ group because they thought they would be heard and asked how much weight they give the stakeholders in making this decision.
Snowden responded when the stakeholders group was formed, he was involved with the first few meetings. He said they were trying to get a broad representation that included residents, community members and people who use the road. He noted the stakeholder group was weighted more toward community members that had interest in the surrounding community, and the Roads Advisory Committee took a global perspective.
Morrison was comfortable with the dialogue at the stakeholders meetings. She said that staff did an adequate job of expressing to the group that these would be recommendations. She said their idea of keeping this as the way it is now is possible. She said they agreed to do the meandering street from River Road to Northwest Expressway. She noted the biggest issue was whether to have the third lane or turnouts. She was in favor of either option. She was also concerned about the upkeep with the planter strips.
Dwyer stated that planter strips and trees were important. He wanted to make sure the neighborhood’s needs were taken into consideration. He wanted two lanes of traffic with a turnout and planter strips.
(Green was excused from the meeting.)
Sorenson said he was struck by the almost unanimous view of the people who attended the public hearing. He stated the stakeholders’ request for a road project should be included. He concurred with the stakeholders.
Weeldreyer stated she had consistently been far more supportive of property owners who have to bear the brunt of road improvements. She said they had to balance the needs of the traveling public with the needs of the property owners. She stated the design that was developed by the stakeholders group has the ability to move traffic through and allows for the opportunity in the future for putting in a continuous turn lane if it is deemed necessary. She believed since Public Works staff said both plans would work, it was possible for the Board to support the stakeholders group and their design in moving this project forward.
Snowden noted the only difference was whether they had a continuous turn lane or a turn lane for 60% of the project. He said the stakeholder design has a turn lane that encompasses 60% of the project. He added that 40% won’t have a turn lane and that is where the planter strips are. He noted the 60% one would have a turn lane to provide access to the major cross streets and intersections. He said where they don’t have turn lanes, it will be only residential driveways.
Morrison noted when she attended the meeting at the Grange Hall that half of the people opposed to planter strips far exceeded those that were in favor of the planter strips. She added some neighbors would not have the turning access to their driveways.
Chickering supported stakeholder groups and their use in the design concept developing process. He added by setting up a stakeholder group, they set a certain degree of expectation on the part of abutting property owners that they would have a strong input on the results.
Weeldreyer asked the question about the petition opposing the planting strips. She heard there were a number of people who were misinformed and were told by not approving the planting strips, it would cost less money in the assessment process. She thinks more people are in support of the planting strips.
Chickering stated they were not planning any planter strips in the median or in the center of the roadway with the exception of one at the school crossing. He noted there was discussion with the stakeholder group of having multiple planters in the middle of the road where the continuous center island would be. He said they are no longer part of the alternatives.
Snowden stressed to the stakeholder group that they were advisory to the Board. He stated the Lane Manual provision also noted the Roads Advisory Committee is advisory to the Board. He noted when Tom Stinchfield, Public Works, completes the TSP that they should look at changing the Lane Manual provision to better clarify how the stakeholder groups relate to the Board.
Morrison suggested going forward with the two lanes plus the center lane with turnouts and eliminating planting strips.
Dwyer wanted to accommodate the stakeholders as best they could.
MOTION: to move to direct the staff to adopt the stakeholders recommendation in general and to come back to the Board within a reasonable period of time on how they are going to proceed and implement the project.
Sorenson MOVED, Morrison SECONDED.
Chickering said if they had direction they could build two lanes with turnouts. He noted the design concept would always include a statement that all other design characteristics and features are at the direction of the County Engineer.
Snowden noted they typically give abutting owners choices of different ground covers.
VOTE: 4-0 (Green out of room).
Snowden stated there was a recent court decision in California that had invalidated local government’s ability to do truck routing. He said they had been aware of it and had not done anything. He said they had prepared a letter through AOC and LOC to the congressional delegation to try to get federal remedy for the problem. He suggested not having truck restrictions as Lane County did not have the ability to enforce them.
Chickering stated he would amend Exhibit “A” and bring it back to the Board.
Weeldreyer stated she received a letter from the Marcola Water Board noting the sidewalk design that had been approved for that project through the commercial and urbanized area of Marcola is going to impact the water main of the water district. She said they don’t have the money to make them deeper. She didn’t know if staff was working with the water district on that issue.
Chickering responded they were aware of the conflict. He said it would be a substantial cost to the water district to lower their water line. He said that was caused by Lane County lowering the road grading connection to make the backs of the sidewalk match the existing ground. He said they don’t compensate utility companies for those types of impacts; they are generally asked to be moved at their own expense.
Weeldreyer noted the Rainbow Water District manages the Marcola Water District and they did not have the resources to accommodate the project.
Dwyer asked where the road was impacting the water district. He wanted to know the estimated cost of meeting their needs.
Snowden recalled the sidewalks were included because the stakeholder group and the school district wanted sidewalks.
f. ORDER 02-3-13-5/In the Matter of Authorizing the County Administrator to Execute Agreements for the County/City Road Partnership Program With Each City in Lane County.
Snowden asked the Board to renew the City/County road partnership for Fiscal 02/03. He noted the timber receipts had enabled Lane County to share the receipts with cities in Lane County. He noted the current payment level is $2.5 million per year over the 15 years that the County had the program. He said Lane County had shared over $55 million in road fund dollars with 12 local cities.
Dwyer noted the monies would be released for the small cities based on their annual report.
MOTION: to approve ORDER 02-3-13-5.
Morrison MOVED, Dwyer SECONDED.
9. CONSENT CALENDAR
A. Approval of Minutes:
September 18, 2001, Special Meeting, 9:00 a.m.
January 9, 2002, Regular Meeting, 9:00 a.m.
January 9, 2002, Regular Meeting, 1:30 p.m.
January 16, 2002, Regular Meeting, 1:30 p.m.
February 6, 2002, Public Hearing, 1:30 p.m.
B. Health and Human Services
1) ORDER 02-3-13-6/In the Matter of Appropriating an Additional $147,638 in Revenues and Expenses in Fund 286 in the Department of Health and Human Services (34) to Support Acupuncture Detoxification and Alcohol/Drug Free Housing.
2) ORDER 02-3-13-7/In the Matter of Increasing Appropriations of Revenue and Expenses by $7,153 in Fund 286 in the Department of Health and Human Services (34) for Public Health Services (DHS Health Services Revision 6).
3) ORDER 02-3-13-8/In the Matter of Accepting the Recommendation of the Mental Health Advisory Committee; Approving Exhibit A (2001-2003 Community Mental Health, Alcohol and Drug Abuse and Developmental Disability Services Plan for Carryover Funds); and Authorizing the County Administrator to Sign the Plan.
C. Information Systems
1) ORDER 02-3-13-9/In the Matter of approving the Amendment to the Software License and Services Agreement Between Lane County, Oregon; City of Springfield, Oregon; and the City of Eugene, Oregon and Peoplesoft USA, Inc.–Pre-Payment of Training Units.
D. Management Services
1) ORDER 02-3-13-10/In the Matter of Award of RFP LCP 2001-09 for Automated Teller Machine Services.
2) ORDER 02-3-13-11/In the Matter of Award of Bid LCP 2001-01 for the Requirements Purchase of Printing Services.
E. Public Works
1) ORDER 02-3-13-12/In the Matter of Accepting a Quitclaim Deed from Sycan B Corporation for a Strip of Land on the East Side of River Road and on the West Side of City's Edge Subdivision and Authorizing the County Administrator to Sign an Agreement with Sycan B in Order to Resolve a Surveying Error.
2) ORDER 02-3-13-13/In the Matter of Vacating a Portion of East Beacon Drive (County Road Number 577) and a Portion of River Road (County Road Number 200) Lying Within the Platted Boundary of City's Edge Subdivision, Recorded in File 75, Slide 1084-1090, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-04-35-31).
3) ORDER 02-3-13-14/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for East Beacon Drive (County Road No. 577) (16-04-35-31).
4) RESOLUTION AND ORDER 02-3-13-15/In the Matter of Setting a Public Hearing on the Proposed Surrender of Portions of Row River Road, County Road Number 1320, Thornton Road South, County Road Number 728, and Thornton Lane, County Road Number 2009, to the City of Cottage Grove (Public Hearing: May 1, 2002, 1:30 p.m.).
5) ORDER 02-3-13-16/In the Matter of Releasing and Dedicating a Parcel of County Owned Real Estate, as a Public Road. (17-03-17) (Public Rd. Easement off Gilham Rd.)
F. Workforce Partnership
1) ORDER 02-3-13-17/In the Matter of Appointing Members to the Lane Workforce Partnership Board of Directors.
MOTION: to approve the Consent Calendar.
Morrison MOVED, Sorenson SECONDED.
10. MANAGEMENT SERVICES
a. ORDER 02-3-13-18/In the Matter of Hiring an Internal Auditor.
Greta Utecht, Management Services, explained this sets forth the authority to hire Kay Blackburn at step 10 of the Internal Auditor compensation range. She said they received wonderful references about Blackburn.
Sorenson asked what the drawback was from the Board’s perspective of considering the performance auditor to be at the same level of responsibility as an exempt non-represented position, but not a classified position.
Utecht responded because the classified and non-classified were designed in both the charter and Lane Manual, significant changes would be needed. She noted that only the County Administrator, County Counsel and department directors are considered non-classified in the charter. She said the Lane Manual affords the County Administrator direction over the department directors. She said if the Internal Auditor was changed to a department director, then they would meet the requirements under the charter.
MOTION: to approve ORDER 02-3-13-18.
Sorenson MOVED, Morrison SECONDED.
11. COMMISSIONERS' ANNOUNCEMENTS
Green reported that he introduced Commander Wendy Lawrence, an Astronaut, at the fairgrounds. He added there were over 300 children that were in attendance.
Sorenson stated he attended a meeting on Stand for Children. He explained it is a nationwide advocacy group of parents who pick different projects for their region. He noted Lane County’s chapter has chosen the topic of childcare.
Morrison reported the NACo Legislative Conference was well attended. She announced the Rotary was holding an auction in Florence and there was a fundraiser on Sunday for the high school jazz band that is going to Washington, D.C.
12. CORRESPONDENCE TO THE BOARD
a. Letter from Jim Gillette.
Dwyer read the letter into the record.
Sorenson requested the manager from Land Management give a report at the next Board meeting. He suggested after that meeting to send Gillette a responding letter.
Green suggested using a lower process to resolve this matter instead of using the Board’s time.
Sorenson requested that Public Works report back to the Board on the status and if a letter hadn’t been sent in response to Gillette’s, that it could be sent.
Morrison suggested reporting back to the Board through e-mail.
Weeldreyer noted that part of the $12,000 fine was $1,000 per day for not having occupied recreational vehicles removed from his property. She asked if Gillette could demonstrate through sworn affidavits of witnesses that he had complied with County requests if the fine should be removed.
Wilson responded she didn’t know.
Weeldreyer suggested that there should be an outlined process for him for how he might be able to resolve the fine.
MOTION: to move to ask Land Management to submit a response to the Board by e-mail regarding the inquiry of Jim Gillette and where Lane County stands on the issue. She added once the Board reviews it, then a recommendation would be made.
Morrison MOVED, Green SECONDED.
Sorenson supported the motion and asked that the e-mails that are written be copied to Jim Gillette.
Morrison agreed to the amendment and Green seconded.
13. EMERGENCY BUSINESS
There being no further business, Commissioner Dwyer recessed the meeting at 12:00 p.m.