BOARD OF COMMISSIONERS' REGULAR MEETING†
May 29, 2002
Commissioners' Conference Room
Commissioner Bill Dwyer presided with Commissioner Bobby Green, Sr., Anna Morrison and Peter Sorenson present.† Cindy Weeldreyer was excused.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1.† ADJUSTMENTS TO THE AGENDA
Sorenson added under Letters to Commissioners the letter to the Meyer Memorial Trust on behalf of Bring Recycling.† He requested pulling the Hynix tax matter from the Consent Calendar.
2.† PUBLIC COMMENTS
3.† COMMISSIONERS' REMONSTRANCE
4.† EXECUTIVE SESSION as per ORS 192.660
5.† COMMISSIONERS' BUSINESS
a.† ORDER 02-5-29-1/In the Matter of Consenting to a Change in Control of TCI Cablevision of Oregon, Inc. (DBA as AT&T Broadband) from AT&T to AT&T Comcast.
Milo Mecham, LCOG, reported that (as the board order indicated), this is a regular procedure with the franchise that Lane County has with TCI (now dong business as AT & T and now merging with Comcast Corporation).† Under the terms of the franchise, the Board of Commissioners has the authority to review the proposed merger, change of control and approve it.† He added under the franchise there is a limited amount of time and they received an extension from AT & T to give more consideration.† He said the information they received indicates that if they credit the information, AT & T Comcast would have sufficient financial capacity to operate the company and to run the local franchise.† He noted there were questions about their willingness to discuss certain things that were violations of the franchise or questionable under the franchise.† He said they reached an agreement that is memorialized in a letter that accompanied the board order. He noted they would discuss those issues over the next six months, working toward resolution.† He added there is no guaranty they would resolve them but there is a guaranty they are going to discuss those issues.† He noted there was no waiver of rights and the County might have to terminate the franchise if they are not able to reach a satisfactory resolution of those issues.
Dwyer asked about the rights of the customers who have a grievance to take independent action regarding their grievance.† He asked if they were still being subject to the arbitrary mediation procedures of AT & T.
Mecham responded that AT & T believes they are still subject to those procedures and they agreed to discuss that over the next six months.† He said there had been different decisions in California that held that the AT & T arbitrary action was void as being against public policy.† He added if such a dispute came up, a claimant and the County (on behalf of the claimants) would have a good argument.† He noted that AT & T indicated that a conclusion could be reached within the six-month period.
Dwyer stated he would vote no on this matter because the customers were not being treated fairly.† He noted they have a commission that was supposed to look out for the benefit of the people who have no power.
Mecham thought the Board could push AT & T to resolve the issue.
Sorenson asked what the importance was for this to go forward.
Mecham said it would go into effect automatically if no action were taken.† He stated, under the terms of the franchise and under federal law, once the cable company asks for approval of the transfer, there is a set time period.† He said if the County doesnít act within the time period there is an automatic approval.† He reiterated there is a set time where the County must make a decision.† He said the actual transfer is scheduled to happen in fall of 2002.† He said they might choose to take the denial as ineffective and ignore the County.† He added they might choose to take the County to court seeking a declaratory judgment that the Countyís disapproval was ineffective.† He didnít know what AT & T would do if the Board denies it.† He said ultimately if the Board doesnít approve the transfer and the transfer goes ahead, the franchise gives the County the authority to make a decision to terminate the franchise because it was transferred without the Boardís consent.† He didnít know what AT &T would do if the Board disapproved.† He said they might try to get the issue resolved sooner because the valuation of the transfer depends on the franchise being transferred and they want to get this resolved quickly.
Sorenson requested an executive session to discuss the transfer issue with legal counsel.
Wilson noted with the television franchise, that Lane County receives legal advice through the arrangement from LCOG.
Dwyer said that MPC unanimously took the same view as he did, that AT & T didnít have the right to unilaterally amend the contract.† He said a letter was sent explaining that amending the contract was a material violation of the agreement.† He noted material violations put their franchise at risk.†
Green agreed to an executive session.
Mecham noted that Congress had been passing legislation and the FCC had been creating rules, giving more authority to the cable companies and taking authority away from the local government.
MOTION: to postpone the decision on this matter until after an executive session is held.
Motion dies for lack of a second.
Wilson explained what is presented to the Board is an approval of the transfer, but it is with the agreement of AT & T to sit at the table over the issue with respect to the subscriberís ability to take a grievance not through arbitration, but an arrangement.† She added there was an opportunity to resolve that issue and that is one of the benefits of a positive action.
Mecham noted there had been movement by AT & T to follow up on what Wilson discussed.† He said they called the matters to their attention before the transfer came up and AT & T ignored them.† He noted they had gotten to the point where they are agreeing to talk about the issues.† He thought it was a positive step and movement in the direction they want.† He said if the Board approves the transfer, they have not lost the basic rights under the franchise because AT & T is not complying with the franchise with regard to arbitration or cable modems. He said that Lane County still has the right to terminate the franchise.† He said if the transfer were not approved, they would be adding one more disputable issue to the right to terminate the franchise.† He said nothing would be given up by the concession.† He stated it would allow focusing on the issues instead of including a dispute over the transfer.† He recommended this because he didnít believe they would get more from AT & T if they didnít approve the change of control.
Mecham noted that AT & T had no intention of resolving these issues in the way the Board thinks is important.† He added if AT & T doesnít work in good faith, the Board could say that the transfer they approved was based on conditions set forth including the letter.† He said the Board could arguably go back and revoke the approval of the transfer.
Green asked what was AT & Tís motivation for working with the Board of Commissioners after they agree to the transfer.
Mecham responded that this compromise allows focusing on issues of concern to the County.† He stated if the transfer is not approved, there would be another issue whether or not they should have approved the transfer or the decision not to approve the transfer was legitimate.† He said the issues would become more clouded by the addition of another dispute.
Morrison requested having an Executive Session.
Green requested that under Attachment 2, to have in writing from AT & T a good faith commitment in terms of what their options would be and what they are prepared for and are willing to do.† He said if that could be put in writing about simplifying the procedure that would help him.† He suggested that be attached to the order.† He wanted to see an action plan on what they were willing to discuss and actually do to simplify the procedure.
b.† ORDER 02-5-29-2/In the Matter of Approving the Lane County Juvenile Crime Prevention Plan 2001-03 Budget Update.
Green explained the Oregon Juvenile Crime Prevention Advisory Committee that he chairs in Salem had requested that counties reduce their juvenile crime prevention plan.† He noted that the Juvenile Justice Committee had taken this up last month and it was brought to the PSCC.† He thought they should bring it to the Board.† He stated the current subtotal is $3.1 million and the reduction is less than 10%.† He asked for Board approval for their strategy.
MOTION: to approve ORDER 02-5-29-2.
Green MOVED, Sorenson SECONDED.
c.† ORDER 02-5-29-3/In the Matter of Making Certain Elections for O&C and for National Forest Land Related Payments Pursuant to "Secure Rural Schools and Community Self-Determination Act of 2000" - P.L. 106-393.
Terry Smith, Analyst, explained the Secure Rural Schools Community Self Determination Act requires the Board to make a series of decisions.† He said the Board needed to determine whether or not they would accept the so-called full payment approach or the traditional timber-based revenue approach.† He added they make the decision once at the beginning of six years and the Board made it on the first order last year.† He said this takes the next steps required each year to give out the funds provided by the act.† He noted it needed to be determined how much goes into the schools, road fund and to the Countyís general fund.† He added they have to determine how much money goes to the combined Title II, Title III projects fund.† He said the orders make exactly the same elections that were made previously in the order for those four items.† He noted the Board chose Option 3 that maximized the revenues to the County general fund.† He stated the next step is a decision about the split of Title II, Title III amounts between Title II federal projects and Title III county projects.†
Smith explained the order regarding the National Forest Service elections and the Board needs to make the election between the three units of the National Forest Service within Lane County.† He stated the legislative committee met and they considered the Rogue Umpqua National Forest.† He noted the state short changed the Rogue Umpqua National Forest by $81,000 more than the board order stipulated last year.† He stated that would be corrected.† He added they over- allocated to the Siuslaw and Hood Willamette National Forest and those two would have less money to spend this year.† He said the Rogue Umpqua did not choose to make use of the Forest Work Camp and the legislative committee asked that they arrange a meeting between members of the legislative committee and the staff to the Rogue Umpqua Resource Advisory Committee to discuss the matter.† He said the recommendation would place percentages that were used last year:† 10.6% to the Rogue Umpqua, 17.4% to the Siuslaw and 72% to the Hood Willamette.
MOTION: to approve ORDER 02-5-29-3.
Morrison MOVED, Green SECONDED.
d.† ORDER 02-5-29-4/In the Matter of Community Corrections Plan Reduction Recommendation.
Morrison explained the proposed reduction was $116,706 but because of the reduction from last year, they were able to deduct $24, 150.† She noted they were only cutting $92,556 from the Community Corrections program.† She said the PSCC policy group met and made an across the board cut to all of the programs listed.
MOTION: to approve ORDER 02-5-29-4.
Green MOVED, Sorenson SECONDED.
6.† COUNTY ADMINISTRATION
a.† DISCUSSION/FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 8-02/In the Matter of Amending Chapter 2 of Lane Code to Add Provisions Affecting Use of Property or Proceeds Received under Article XV 10(7)(C) of the Oregon Constitution (LM 2.920). (NBA & PM 5/15/02)
Jeff Towery, Budget Analyst, reported the Second Reading and Public Hearing is set for June 12, 2002 at 1:30 p.m.
MOTION: approve the First Reading and Setting a Second Reading and Public Hearing for June 12, 2002, 1:30 p.m.
Green MOVED, Sorenson SECONDED.
7.† PUBLIC WORKS
a.† ORDER 02-5-29-5/In the Matter of Authorizing the Director of Management Services to Effect an Interfund Loan from Fleet Services (Motor and Equipment Pool Fund) to the Parks Division (Parks and Open Spaces Fund) in an Amount Not to Exceed $100,000.
Rich Fay, Parks, reported that last year there was a record setting drought and revenues for the Parks Division suffered from inability to rent moorage slips.† He stated they had a refund plan that was instituted.† He added they also had a loss of day use fees at Orchard and Richardson parks because there was no water.† He said they were also unable to complete a timber harvest at Blue Mountain.† He said the purpose of the interfund loan was to give them the ability to balance their budget at the end of the year if they do have a shortfall.† He didnít think they would use the whole amount and wanted to have an upper limit of ďnot to exceed† $100,000.Ē
Dwyer asked if they were spending their budget without any contingencies that they couldnít control.
Fay responded that they looked at every possible way to save money for this year.† He said his challenge is to look at a multi-prong approach of revenue and expense strategies to improve their position. He hopes to turn the trend around and carry the fund balance.† He noted this money would be taken from their revenues for next year.† He stated that 80% of the projects identified in the bond issue are revenue producing and they anticipate that it would increase their revenues by over $200,000.† He added the bond measure was not for the acquisition of park properties, but for redevelopment or expansion of the marinas or campgrounds.
MOTION: to approve ORDER 02-5-29-5.
Sorenson MOVED, Morrison SECONDED.
Sorenson recommended Fay return to the Board to discuss the loan repayment for October 2002.
b.† DISCUSSION/Giving Direction to the Department of Public Works Regarding Regulation of Lane Code-Defined Public Roads through the Issuance of Facility Permits.
Don Maddox, Public Works, reported at the meeting on April 3 (where the Board addressed the administering of the facility permit program on Lane County defined public roads), there was concern that they should cease administering the facility permit program on such roads, but require some type of minimum road standards for life safety issues.† He stated at that time Land Management Division staff indicated there should be countywide standards established for such a program.† He said the issue was deferred to give staff time to review how the proposal might impact the operations of Land Management Division.† He said when they look at the pros and cons of administering a facility permit program on local access roads or administering minimum prior road standards provisions, the negative issues remain at a lower level.††† He noted the recommendation of staff was to cease the administration of the facility permit program on Lane County defined local access roads.
Morrison asked how many miles were involved.
Maddox responded they were only dealing with 145 miles of Lane Code defined public roads.† He noted another 150 miles of public roads did not meet Lane Countyís definition as a public road and Lane County had never administered any type of permit on them
Concerning the local access roads, Morrison suggested an agreement with the owners of the road to share the cost of bringing them up to County standards, or having them bring them up to County standards and Lane County would take them from that point.† She wanted something that was workable for the property owners and taxpayers, as well as the planning department and Public Works.†
Dwyer suggested an exception clause in the code where they could demonstrate hardship related to complying with the code, then each permit could be taken on its own merits.†
Maddox stated they found that trying to administer Lane Code and Land Manual was cumbersome and inequitable to property owners and the County has no way of dealing with that.† He said they examined the other 150 miles of public roads by state definition that they hadnít historically issued permits on and they function without the County being involved.† He noted there are two general classifications of public roads in Lane County: †ones that had been dedicated properly and accepted by the County as public roads and others that were dedicated but were not accepted by the County and are not recognized as public roads.† He said these were onerous and typically no more than 1,000 feet maximum.† He added they have 543 County defined public roads.
Dwyer supported Option A or AA to maintain fire and life safety.
Snowden noted they returned with this issue as they were considering charging for permit fees on county roads and before they made that decision, they wanted to clean up the local access road decision.† He stated legal counsel said they could find no record of the Board ever providing direction to staff to issue facility permits.† He said they need direction from the Board one-way or the other.† He said legal counsel said they should be treating the County defined local access roads in the same manner as the state defined access roads so there is consistency.
Dwyer suggested Option A.
John Cole, Land Management, said it creates a concern to Land Management Division with the additional workload and need to recoup costs.
Dwyer requested that before the Board makes a decision, the fire department is contacted with regard to problems, the fixes, and what they thought the least costly fix would be to maintain public health and life safety.
Green suggested staff talk to the fire officials.
Dwyer requested grandfathering in the pre-existing properties and coming back to the Board with this at the end of June.
Maddox noted the City of Eugene has a provision--within their approval--that noted no combustible wood construction is permitted until a fire marshalís office had inspected and approved fire hydrants, water mains and all-weather fire access roads.
c.† FINAL ORDER 02-5-29-6/In the Matter of Vacating a Portion of the Plat of Rainbow's End Park, Including Hemlock Lane, Cedar Lane, and Fir Lane, as Platted and Recorded in Book 10, Page 1, Lane County, Oregon Plat Records, Located North of the Relocated McKenzie Highway (State Highway 126) Without a Public Hearing, and Adopting Findings of Fact (16-55-17-33).
MOTION: to approve ORDER 02-5-29-6.
Morrison MOVED, Green SECONDED.
d.† THIRD READING AND FINAL ACTION/Ordinance PA 1171/Amending the Rural Comprehensive Plan to Redesignate One Parcel of Land From "Rural" to "Forest Land" and Rezoning That Land From "RR-5/Rural Residential" To "F-2/SRĒ (ďImpacted Forest Lands with Site Review") and Redesignate Another Parcel of Land From "Forest Land" to "Commercial" and Rezoning That Land From "F-2/Impacted Forest Lands" to "CR/SRĒ (ďRural Commercial with Site Review"); Adopting a Reasons Exception to Statewide Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 01-5894/Christian)† (NBA & PM 4/3/02 & 4/17/02).
Jerry Kendall, Land Management, reported this item enables the Board to reach closure.† He added the plat had been totally vacated and that was the only thing unresolved.
MOTION: to adopt Ordinance PA 1171.
Morrison MOVED, Green SECONDED.
ROLL CALL VOTE: 4-0.
8.† HEALTH AND HUMAN SERVICES
a.† PUBLIC HEARING AND ORDER 02-5-29-7/In the Matter of Holding a Public Hearing and Reducing Appropriations by $16,551 in Revenues and Expenditures in Fund 286 in the Department of Health & Human Services (34) to Reduce Outpatient Addiction Treatment Services and Fund Underage Drinking Prevention Services (FAAA 30 and 32).
Rob Rockstroh, Health and Human Service, reported this was needed as the state cut the budget $2.5 million statewide.
Dwyer said this was needed, as there was a reduction in the grant.
Commissioner Dwyer opened up the Public Hearing.
Nancy Lee Cox, P. O. Box 1149, Eugene, was concerned about the outpatient addiction treatment services.† She said there wasnít enough money in the outpatient addiction services project.† She said the main issue was domestic violence.
Green asked what the implication of the treatment meant.
Rockstroh responded this was for outpatient treatment service.† He stated counties donít have Medicaid monies for alcohol and drugs.† He noted this was the portion that would come to Lane County from the general fund.† He said it was an across the board cut.† He noted the $182,000 would translate to five or six FTE's benefits.† He said it would mean less people would have access.† He stated it would have a negative impact to outpatient services and the waiting lists would become longer for people to get early treatment.
There being no one further signed up to speak, Commissioner Dwyer closed the Public Hearing.
MOTION: to approve ORDER 02-5-29-7.
Sorenson MOVED, Morrison SECONDED.
9.† CONSENT CALENDAR
A.† Approval of Minutes:
January 30, 2002, Regular Meeting, following HACSA
April 10, 2002, Public Hearing, 7:00 p.m.
May 1, 2002, Regular Meeting, 1:30 p.m.
B.† Assessment and Taxation
1) ORDER 02-5-29-8/In the Matter of Ordering the Treasurer to Set Aside $1,900,000 in an Interest Bearing Reserve Account for Payment on the Hynix Semiconductor Manufacturing of America, Inc. Appeal Outstanding with Lane County.
Dwyer explained when the Board initially granted the waiver and approval, Lane County was put on notice that this appeal was pending before the Department of Revenue who was the arbitrator in this matter. He said the Board made the decision to move forward irrespective of the outcome of the appeal.
Jim Gangle, County Assessor, noted the order establishes a reserve fund to be used to make the payment to Hynix in the event their appeal is successful.† He noted the total amount of the reserve fund is $1.9 million.† He passed out a sheet on how the money would be allocated.† (Copy in file).
MOTION: to approve ORDER† 02-5-29-8.
Morrison MOVED, Green SECONDED.
C.† Health and Human Services
1)† ORDER 02-5-29-9/In the Matter of Appropriating an Additional $1,000,000 in Revenues and Expenditures in Fund 286 in the Department of Health & Human Services.
2)† ORDER 02-5-29-10/In the Matter of Appropriating an Additional $12,904 in Revenues and Expenditures in Fund 286 in the Department of Health & Human Services (34) for Cost-of-Living Adjustments to Outpatient Addiction Treatment and Prevention Services; FAAA†† 23.
D.† Public Works
1)† ORDER 02-5-29-11/In the Matter of Awarding a Contract to Al-Jon, Inc., in the Amount of $497,427.00, for the Purchase of One (1), New Landfill Compactor, Contract FY02/03 FS-01
2)† ORDER 02-5-29-12/In the Matter of Authorizing the County Administrator to Sign an Agreement with the State of Oregon, Department of Fish and Wildlife, Concerning the Option to Purchase a Conservation Easement Over a Portion of Tax Lots 19-03-01-00-00100 and 19-03-01-00-00213, Adjacent to Short Mountain Landfill
3)† ORDER 02-5-29-13/In the Matter of Awarding a Contract to Wildish Construction Co. in the Amount of $1,073,380 for A.C. Overlays - Jasper-Lowell Road, Pengra Road, and Big Fall Creek Road, Contract No. 01/02-10.
Dwyer stated 9. B. 1) was removed for Sorensonís concern about the Hynix appeal.
MOTION: to approve the balance of the Consent Calendar.
Morrison MOVED, Sorenson SECONDED.
10.† COMMISSIONERS' ANNOUNCEMENTS
11.† CORRESPONDENCE TO THE BOARD
12.† EMERGENCY BUSINESS
13.† OTHER BUSINESS
Letter to Meyer Memorial Trust.
MOTION: to send the letter to the Meyer Memorial Trust.
Sorenson MOVED, Green SECONDED.
Green thought the letter wasnít specific enough regarding the amount and use of the money.† He recommended that the next time they have a letter that the amount is re-stated.
There being no further business, Commissioner Dwyer recessed the meeting at 11:45 a.m.