BOARD OF COMMISSIONERS'

REGULAR MEETING

9:00 a.m.

August 12, 2003

Commissioners' Conference Room

APPROVED 9/15/04

 

Commissioner Peter Sorenson presided with Bill Dwyer, Bobby Green, Sr. and Tom Lininger present. Anna Morrison 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 noted that item 6. a. would be rolled for four weeks.

 

2. PUBLIC COMMENTS

 

Foster Robinson, 2795 Mosby Creek, supported the Lane Business Education Compact for the continued funding of the Rural Partnership Program. He said there is a need to continue the building of this business partnership to start opening student-based businesses in the rural communities. He said continuing to assist the high schools in the rural communities by placing students in job shadows and internships was very important

 

Mark Wreath, 1401 Willamette, Lane Business Compact, read excerpts of support into the record.

 

Brian Terrett, 770 E. 11th, supported the Lane Business Education Compact. He noted that Peace Health has a mentorship program and he discussed the success of a student in the program. He asked the Board to support this important program.

 

Audrey Eldridge, DEQ, Medford, informed the Board on some of the activities in Lane and Linn County. She said they have completed nitrates studies and they found after two and a half years of study that there are areas within the valley that have elevated levels of nitrates. She added that nitrate is a concern for public drinking supply standards. She said they are trying to evaluate options available for the residences. She said they are looking at declaring a groundwater management area.

 

Van Vactor suggested that Eldridge come back to the Board with Jeff Towery for a work session.

 

Louise Engleman Ė 59095 Old McKenzie Highway, said she works with LBEC. She submitted 12 letters of support from her area. She was asked why students didnít have more work experience before they go to work.

 

Carl Hutchinson, 2000 Henderson Ave, Eugene, stated he was Operations Manager for Far West Steel. He noted that Far West Steel is in five western states and they have problems in Eugene and Springfield enlisting people to work in manufacturing technology. He read a letter about keeping America competitive. He asked the Board to renew funding for rural areas.

 

Judy Hampton, 76513 Sanford St, Oakridge, stated she is a retired teacher from Oakridge High School. She supported the Lane Business Education Compact. She commented they need to do more types of activities to get students out into the community.

 

Eileen McCann, 1401 Willamette, Executive Director, Lane Business Education Compact, thanked the Board for funding last year. She said they built a successful program in the rural community. She commented they saw the new RFP as an opportunity to build upon that foundation and develop student-based businesses where they could create new jobs in the rural communities. She hoped the Board would support their proposal.

 

Dr. Trish Ashley, 512 Springdale, Springfield, said she is the Vice President of the Lane County Veterinarian Medical Association. She said that, as a Board, they requested the appointment of Dr. Sandra Smalley to the LCARA task force. She noted that Dr. Smalley arrived after Dwyerís work in 1977 with the Eugene Spay and Neuter Clinic. She commented that if the Board was opposed to appointing Dr. Smalley, they had no objection to another veterinarian being on the task force.

 

Jim Gillette, 86340 Needham Road, Eugene, said he needed to clear the issue of his fines. He said he would be able to give the Board a letter that would do that.

 

3. EMERGENCY BUSINESS

 

None.

 

4. COMMISSIONERS' REMONSTRANCE

 

Dwyer stated he watched the Springfield City Council meeting. He said they were deciding whether to put a tax before the voters. He resented their consideration of reinstating the tax. He commented if the Springfield City Council tries to do it, a citizen group would try repealing it. He said he would circulate a petition to refer all fees and taxes to the voters.

 

Sorenson noted on National Public Radio there was an interview with Governor Riley of Alabama. He said the Governor is asking the voters to approve a $1.1 billion tax measure, lowering taxes on the poorest and raising the taxes on the most affluent people.

 

5. COMMITTEE REPORTS

 

a. Legislative Committee.

 

Tony Bieda, Intergovernmental Relations Manager, reported they have crossed the longest session for the State of Oregon. He doesnít know when they will be finished. He commented that once they have a budget they could move as quickly as a couple of days for closure or it could take a couple of weeks. He noted the budget included $15 million from the County Forestlands Trust that is currently used for forest fire prevention and the State Forestry Department. He added it is proposed for rural schools as one source of additional revenue from the state general fund. With regard to registration fees for recreational vehicles that would normally go to Parks, he noted that $8 million from the fee increase would be diverted to the Department of Forestry, Fish and Wildlife and to the state fair. He noted it put Lane Countyís Park program at additional risk. He noted there was a potential addition of line games to the video lottery. He said if video line games are added to the array of gaming options in bars and restaurants across the state, all of the new revenue would be dedicated to going back to the state general fund. He noted the counties were being approached by the lobby for beer and wine to work together that if any increase goes into effect, the proceeds are all diverted to restoring the funding for alcohol and drugs instead of going into the state general fund. He said what is still in play for the County, the rules and regulations that govern the extraction of aggregate resources in prime farmland. He noted with regard to jail inspections, they are seeking to identify house bills that are in the senate judiciary that would be suitable. He explained the transient lodging tax will be back in front of house revenue and cities and counties are comfortable that most of the restricted uses of additional transient lodging taxes have been removed from this bill for tax on lodging to be used for promoting tourism in Oregon.

 

b. ORDER 03-8-12-1/In the Matter of Ordering the Acceptance of the Third Amendment to the Intergovernmental Agreement for the Creation of the BL3 Regional Investment Board.

 

Milo Mecham, LCOG, stated this was a request to amend the contract between Lane County and the other counties regarding the creation and operation of the Regional Investment Board. He noted the Regional Investment Board was created by the state legislature and all the counties in Oregon are members of the Regional Investment Board. He said those regional investment boards are given money from the lottery proceeds to use for economic development. He said the contract is biennial because the funding from the legislature is done on a biennial basis. He asked for an amendment to the contract that was created for the 2001/2003 biennium. He indicated they didnít have a process they could move forward on for this biennium but there were some things left for the Regional Investment Board to do. He said if the Regional Investment Board chooses not to give any additional money, then they will need to close down. He said in order to have the authority and operate on Lane Countyís behalf, Lane County needs to approve an amendment to the contract, allowing the Regional Investment Board to extend for another six months. He asked the Board to approve an extension of the contract.

 

MOTION: to approve ORDER 03-8-12-1.

 

Lininger MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

 

c. ORDER 03-8-12-8/In the Matter of Appointing Members to the Animal Regulation Advisory Task Force.

 

Sorenson indicated that Dr. Mary Whitlock had to resign her position on the LCARA Task Force. He recalled that Dr. Ashley had nominated Dr. Smalley. He recommended appointing Dr. Smalley. He added that Dr. Roberta Boyden was also interested in being appointed.

 

Dwyer commented that Dr. Smalley would be a good addition and Dr. Boyden could be a public member.

 

MOTION: to move to approve Dr. Smalley and Dr. Boyden to the Animal Regulation Task Force.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 4-0.

 

6. COMMISSIONERS' BUSINESS

 

a. Letter to Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.

(PULLED)

 

b. CONTINUED DISCUSSION/Commissioner Liningerís Comments on Commissioner Candidates.

 

Sorenson indicated that in three weeks they would set up interviews for the candidates and they would invite Lininger to participate in the questioning in the same way incoming commissioner-elect Cindy Weeldreyer did before she was a commissioner.

 

Dwyer suggested they wait until Morrison is physically able to return and have the agenda team work on the process. He had no objection to Lininger participating.

 

Lininger noted that his preference was to continue with the format.

 

Sorenson referred this to the agenda team.

 

c. THIRD READING AND DELIBERATION/Ordinance 12-03/In the Matter of Amending Lane Code Chapter 15 to Establish a Last Resort Policy for Right-of-Way Herbicide Application (LC 15.500-15.530) (NBA & PM 7/16/03).

 

Marc Kardell, Assistant County Counsel, said they made the changes that the Board requested two weeks ago. He said they are ready to proceed today.

 

MOTION: to move to adopt Ordinance 12-03.

 

Dwyer MOVED, Lininger SECONDED.

 

ROLL CALL VOTE: 4-0.

 

7. COUNTY ADMINISTRATION

 

a. Announcements

Van Vactor reported there is a construction project underway to fix the root problem of the trees. He indicated that it would take a month. He said they would start on Monday morning with the Management Team outlining a series of issues for a work session on a recommendation with regard to the budget process.

 

b. ORDER 03-8-12-2/In the Matter of Awarding Contracts for Economic Development Strategic Investment Projects.

 

Peter Thurston, Economic Development, said this is the second year that Lane County had distributed all economic development dollars through the RFP process. He noted the packet describes how it works. (Copy in file). He said the Economic Development Standing Committee was responsible for making recommendations to the Board after reviewing, rating and ranking proposals in accordance with the RFP. He indicated the committee noted several points that was described in the RFP process that described the flexibility the Board has in making the decisions. He explained that proposals receiving at least 70% of the points by the committee will be considered for final rating and ranking by the Board. He added that Lane County reserves the right to waive minor irregularities and may reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposals upon finding it is in the publicís interest to do so. He stated that Lane County also reserves the right to negotiate the scope of work based on any clarification of follow up responses and on the proposed budget as it was affected by negotiating the scope of work. He said that Lane County reserves the right to award all, part or none of the funds described in the RFP and to change the allocation of funds or the total amount of funds awarded. He noted the strategic investment program budget for this fiscal year is $337,000--the amount specifically budgeted for projects. He added there was no requirement to expend the funds. He noted that any funds that are not expended will stay in the reserve and be used at a later time in the open process. He indicated the Board needed to determine which projects need to be funded, and the amount of funding.

 

MOTION: to move the Lane Workforce Partnership at $86,605; the Eugene Area

Chamber of Commerce Contacts Program for $39,000, the LCOG proposal at $91,297 and the Lane Business Education Compact at $120,627 for ORDER 03-8-12-2.

 

Lininger MOVED, Dwyer SECONDED.

 

Green suggested that, when they do this again, there be a citation from the Strategic Plan and how it is a part of the plan. He said if they approve this on the basis of the witnesses showing up, it would end up happening every time. He thought projects should be approved on merits. He wanted to keep it as clean as possible by going by the criteria.

Dwyer thought it did meet the objective criteria.

 

VOTE: 4-0.

 

8. PUBLIC WORKS

 

a. ORAL REPORT/Status of Implementation of Land Management Division Subscription Services Fees.

 

Kent Howe, Land Management, recalled the Board did approve fees in April and that order included the ability for a person to request an annual subscription for a pre-referral notice. That fee was established at $300 as well as all of the other fees established in Lane Manual 60.851. He noted those fees in 60.850 are technology assessments, administrative fees and long range planning surcharges. He said there are 115 fees that are in Lane Manual 60.851. He said the only exceptions the three surcharges do not apply to is copy reproduction costs when someone asks for a copy of Lane Code or maps. He said the $300 base fee has 20% plus a $10 technology assessment for a total of $370. He said the fees are additional assessments that are applied to all the base fees and in this instance those are applied when there is a permit transaction occurring. He noted the fee is to provide for long range planning support, administration and technology. He said the subscription notice applies to a request for a special notice at the beginning of each application process. He said he is not able to waive or modify those fees.

 

Lininger stated this was an error on his proposal. He said it was important not to have the threshold higher than $300.

 

Van Vactor suggested an approach could be an annual subscription that is not a permit

 

Dwyer didnít think asking for the information was a permit transaction and it shouldnít be subject to a fee.

 

Wilson thought there was a fair interpretation that this is part of the permit transaction. She also believed that this was not specifically discussed when they previously discussed a subscription fee. She said if the Board wants to interpret the subscription fee as not including the add-ons, they could come back with a Land Manual change making clear that under 60.851(15) that is exempt. She thought it could go on the Consent Calendar. She didnít think it was something that was cleanly discussed at the time they were making the changes.

 

Dwyer commented that citizens needed to know what is going on and that government should try to recover the costs associated with the process. He wanted a $300 fee that would help them cover the notice fees. He said it was not his intent to allow surcharges to apply to peopleís request for information.

 

Howe explained the notice is part of a permit process because it is not a notice of a decision that is going out to find out what has happened. He said it is a proposal for giving them an opportunity to participate in the permit process if they want to.

 

Green recalled there was a recommendation from the Land Management Task Force for revenue generated for long range planning. He said this should be straightened out with the language.

 

Sorenson stated if the commissioners agree, they could have Land Management come back with a board order that would say the fees imposed under Lane Code 60.851(15) would not be subject to the Land Management technology assessment or the long range planning surcharge. He asked them to bring it back on the Consent Calendar.

 

9. CONSENT CALENDAR

 

BEGINNING OF CONSENT CALENDAR * * * * * * * * * * * * * * *

 

A. Approval of Minutes: July 29, 2003, Work Session, 9:00 a.m.

 

B. County Administration

 

1) ORDER 03-8-12-3/In the Matter of Approving Increased Funds for a Title III Project for the Department of Youth Services Forest Crew in FY03.

 

C. Public Safety

 

1) ORDER 03-8-12-4/In the Matter of Creating Certification Pay for Communications/Records Supervisors in the Sheriffís Office.

 

D. Public Works

 

1) ORDER 03-8-12-5/In the Matter of Transferring the Surface Rights to and Control and Maintenance of Land Adjacent to Northwest Expressway, Chambers Connector and Union Pacific Railroad to the City of Eugene.

 

2) ORDER 03-8-12-6/In the Matter of Authorizing the Parks Division to Honor the Howard Buford Recreation Area Season Pass at Other Certain Park Facilities for the Duration of Closure of Howard Buford Recreation Area.

 

END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *

 

Dwyer requested that items D. 1) and D. 2) be pulled.

 

MOTION: to approve the balance of the Consent Calendar.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 4-0.

 

9. D. 1)

 

Dwyer commented this was the VMAC Committee and they did a good job with the maintenance on the Northwest Expressway and Chambers. He noted they planted wildflowers. He said Lane County takes special care on Northwest Expressway.

MOTION: to approve ORDER 03-8-12-5.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 4-0.

 

9. D. 2)

 

Dwyer said they had to have an emergency closure because of fire danger pursuant to notification from the forest officials. He said it was unforeseen. He said it authorizes the Parks Director to make the changes so when there is a closure, they authorize people to use passes and recognize they are doing it because of fire prevention.

Van Vactor said they should amend the order to state: "during any period of closure."

Dwyer encouraged people to buy park passes that work for everybody.

 

MOTION: to approve ORDER 03-8-12-6 as amended.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 4-0.

 

10. CORRESPONDENCE TO THE BOARD

 

a. League of Women Voters Letter

 

Sorenson said they received a letter that the League of Women Voters wrote concerning the board meeting. He said they decided to put this under Correspondence to the Board.

 

Janet Calvert, League of Women Voters, stated she was surprised that all the meetings were being held in the Commissioners Conference Room. She thought the meetings were held in Harris Hall. She was concerned because the Commissioners Conference Room doesnít have a public address system and it is difficult to hear in the room. She commented that Harris Hall was a more appropriate meeting place for a large crowd.

Sorenson agreed to try to move the meetings to Harris Hall if the meeting room is crowded. He noted it is rare that Board meetings attract a large crowd.

 

b. Protocol on Faxed Correspondence

 

Sorenson discussed the purpose of Correspondence to the Board. He thought it should be a safety valve where the person writing the board had tried in some way to remedy a problem. He noted the Board agreed with this.

 

Green said if someone wants to enter a fax into the record, it should be done. He didnít want a long letter to be read aloud at the meeting. Sorenson thought there should be a strict policy. He didnít want to use the CAO staff resources to process last minute faxes.

 

Dwyer recalled Correspondence to the Board was established for the specific purpose of people who wanted to deal with something specific and werenít able to remedy their problem any other way. He didnít want to take the time to read something that he is capable of reading himself. He added public comment is to give an opinion and if they submit it in the record, the Board could read it.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

13. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Sorenson recessed the meeting at 12:10 p.m.

 

 

Melissa Zimmer

Recording Secretary