August 20, 2003

9:00 a.m.

Commissioners' Conference Room

APPROVED 11/25/03


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer and Bobby Green, Sr. Present. Anna Morrison was present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








Laurence Hamblen, 444 Nacesmith, Eugene, stated he is Executive Director of Lane County Legal Aid. He thanked the Board for their continued funding of the Human Services Commission. He announced a benefit that was taking place to raise money for Lane County Legal Aid.


Paul Biondi, 2209 E. 10th Florence, promoted an upcoming benefit helping people who need legal assistance.


Jim Gillette, 86340 Needham Rd., stated he received the Countyís decision on his park. He wants the County to send the decision to LUBA. He commented he couldnít get anything fair in the County.


Dwyer had no objection to sending Gilletteís appeal to LUBA.








Morrison expressed how overwhelmed she has been with the concern and caring expressed to her about her health situation. She said all the cards, flowers and food have been tremendous. She wanted people to know that she appreciated everything and her intent is to be back as soon as possible.


Sorenson thanked Morrison for her effort to participate.




a. CONTINUED DISCUSSION/Possible Meeting with Cities Regarding Transportation Funding (NBA & PM 7/2/03 & 7/30/03).


Sorenson noted the City of Eugene put off its transportation utility fee.


Green attended the City of Eugeneís meeting last week and reported there was a 5-3 vote against the transportation utility fee.


Eric Jones, City of Eugene, explained that on September 8, 2003, a Public Hearing has been scheduled on an ordinance that will repeal the ordinance that the city council adopted. He said the determination was made that instead of having an ordinance to repeal an existing ordinance, the ordinance will receive a Public Hearing. He said it is scheduled for action by the City of Eugene on September 22. He said the councilís preference in the matter is to vote again.

Sorenson suggested putting this back on the agenda after September 22 to see if there is any further update.


Green wanted to send a message to all the cities that Lane County is interested in helping find a regional solution to the transportation maintenance issues.


Dwyer commented Lane County was willing to help the cities out last October. He wanted to have a good faith discussion on how they could best represent all the people throughout Lane County. He wasnít willing to create entitlements. He wanted to do things on an annual basis with some cost sharing mechanisms.


Morrison agreed to postpone this until after the City of Eugene takes action. She suggested for future discussions that all cities be represented, not just the two urban ones. She wanted to see what the true maintenance costs would be from the cityís perspective and what they would do with the funds they would be receiving.


Sorenson said he and Green met with Josh Kardon, Senator Wydenís chief of staff. He said they discussed the need for flexible transportation funding. He commented that the federal forest payments legislation might not be renewed. He agreed that all cities should be invited. He thought the Board should invite ODOT and a representative of all the cities to participate in a meeting.


Dwyer suggested utilizing the CAP process to fund maintenance and to put the projects together. He said they need a definition of maintenance. He said maintenance is not speed bumps, traffic circles, bike baths, new construction or modernization. He said maintenance is fixing patch holes and overlays to prevent pavement deterioration.


Morrison wanted each city to identify what new money they would be receiving over and above what they had in the past. She asked that it pertain to Cottage Grove, and the cities of Eugene and Springfield with their new gas tax. She said those cities would have an added advantage that the other cities would not. She wanted to know how much money the tax would generate over a period of time.


Green wanted to approach this from a region-wide basis. He wanted an agreed upon definition of maintenance.


Sorenson suggested Snowden bringing in the amount of money they would have to reduce in order to gradually anticipate a three-year reduction. He said they would be going from a three-year period where they are getting $60 million to a three-year period where they will get zero dollars.


Sorenson stated this would be put on the agenda in September for a continued discussion.




a. Legislative Committee.


Tony Bieda, Intergovernmental Relations Manager, reported that as of yesterday, a revenue package had passed the Oregon Senate and will be on the floor of the House later today. He said it would raise about $1.3 billion in revenue to fund some of the budgets that have already moved through the process. He added of the $1.3 billion, about half comes from various one-time sources including raiding some account balances, anticipated savings on PERS and other one-time sources. He said the remaining half comes from a potential three-year increase in personal income taxes, (through a surcharge) and increases in the corporate minimum tax and other fee increases on securities. He said the key expenditure that matches the revenue package is the K-12 budget. He added it would fund the K-12 budget over the biennium at $5.2 billion, potentially reaching $5.3 billion if they had an economic turnaround between now and the end of the biennium. He said it includes sufficient funding for public safety, including the community corrections issue they had been tracking and restoring money for Health and Human Services.


Bieda noted what was still at risk in the revenue package is about $15 million statewide that is not coming to the counties for general fund assistant, but is forest county property relative to the county forest trust lands. He added with video lottery there is about a $68 million expectation of additional revenue coming out of video lottery in the next biennium. He didnít know if it is net of the share that would normally go to counties or a gross amount that would preclude participation in additional revenue.


Dwyer commented if they put in any line games he might contemplate a legal challenge because it violates the constitution. He said the constitution stated that the legislature shall prohibit casinos from operating in Oregon. He thought it was immoral to become addicted to gambling to solve the budget problems with this type of behavior.


Sorenson requested an oral report from Bieda if there is movement on the issue of broadening the stateís gambling activities.


Green said he testified in support of the beer and wine tax in front of the committee and asked about the promotion of the line games. He said it appears there is support for the video lottery and the use of those dollars for economic development but not for human services.


Dwyer asked about the bill on jail inspections.


Bieda responded he hadnít heard back but he was working on it.


b. ORAL REPORT/Contingency Regarding State Budget.


Van Vactor discussed this item on Monday morning at Management Team. He stated all the state agencies were not dealing with this issue in the same manner. He said there are quite a few programs that Lane County has (including SB 1145) that received a budget and it had been approved, but they havenít solved the revenue problem.


Bieda stated he spoke with the Lane County delegation about the contingency of a continuing resolution to continue the government operations into September. He noted while the governor said he wouldnít sign another 30 day continued resolution, the likelihood is that if they get to August 30, he would sign.


Lisa Smith, Department of Youth Services, said she received a letter from the Oregon Youth Authority and the Oregon Criminal Justice Commission regarding the juvenile crime prevention, basic services and diversion funds from the state. She said with that, coupled with budgetary moves that were made, they eliminated criminal crime prevention but it had been restored at a lower amount. She said they contacted their partners in the community and gave them notice and explained the situation. She added they hadnít done anything to the 4.8 FTE that would be affected. She said the hard dollar contracts had been covered as well as the case planning.


Rob Rockstroh, Health and Human Services, reported they didnít get any notice about the contracts. He noted there is $74 million in the total budget with $4 million in the Countyís general fund. He added they would have to close foster homes. If they get notice from the state to terminate, it could happen immediately.


Sorenson asked what Lane Countyís status was in giving notice to the corrections division regarding the public safety funding.


Rockstroh said the 180-day notice was in place. He noted the notice was up November 1.


Sorenson asked if Rockstroh was going to make a recommendation to rescind that or if they would go ahead with the transfer.


Rockstroh said if the budget would come through with $3 million increase for Lane County then he would rescind the notice.




a. Announcements


Van Vactor indicated that the Lane County Management Team has started working on the Fiscal 04/05 budget. He said they would have a session on September 8 and September 9 to develop a recommendation for the Board. He distributed budget documents to the Board. (Copy in file).


Sorenson wanted to also involve the public to learn more about the process. He thought it would maximize their involvement in the process in the future. He wanted the Budget Committee members and the constituency groups involved.


b. PRESENTATION/Adopted Budget.


Dave Garnick, Senior Budget Analyst, passed out the adopted budget. He said this was the first time they had done a formal document. He said it represented everything the Board approved up through June. He said they are looking to improve the document for the citizens to read. He added a summary would be available for the public.




a. ORDER 03-8-20-1/In the Matter of Amending Chapter 21 of the Lane Manual to Add a Delegation of Authority to Approve Conveyance and Recordation of Instruments Conveying Title or Interest to Lane County (LM 21.400 through LM 21.410).


Frank Simas, Public Works, reported the proposed manual change is to help comply with ORS 93808 that was passed in 1999. He explained that documents conveying title to political subdivisions must have an indication of the approval of the political subdivision so that they can be recorded. He said since it had been passed, they had been operating in connection with acquiring properties through a temporary delegation from the Board to allow the documents to be recorded. He noted this proposed amendment would establish the procedure they use to allow the documents to be recorded. He said it would delegate the authority to sign to the real property manager or real property management officer for transactions under $50,000 or to the director of Public Works or the Management Services Director for transactions under $100,000. He added transactions of under $250,000 would go to the County Administrator and for over $250,000 they would go to the Board for approval. He noted the amendment would allow them to continue acquiring property as efficiently as possible.


Simas noted the changes to Lane Manual 21410 were to clean up the language.


MOTION: to approve ORDER 03-8-20-1.


Morrison MOVED. Green SECONDED.


VOTE: 4-0.




A. Approval of Minutes:

July 2, 2003, 9:00 a.m., Regular Meeting


B. Public Works


1) ORDER 03-8-20-2/In the Matter of the Vacation of a Portion of an Unnamed Public Road, Located along the Easterly Boundary of Lots 1, 2, and 5 in Porter Acres, as Platted and Recorded in the Year 1912, in Book 5, Page 6, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (18-03-29).


2) ORDER 03-8-20-3/In the Matter of Amending the Order for the Denial of the Withdrawal of County Road Status (But Not the Public Road Status) From a Portion of Duncan Island Road (County Road Number 1357) Which Lies Between the Siuslaw River and the Duncan Slough, Approximately One Mile Southwest of its Connection with Bernhardt Creek Road, and Being Located in Section 15, Township 18 South, Range 11 West of the Willamette Meridian (18-11-15) (NBA & PM 7/30/03).


C. Youth Services


1) ORDER 03-8-20-4/In the Matter of Approving an Amendment to the IGA with Lane Education Services District in the Amount of $176,674.00 to Provide an Additional Juvenile Counselor, Computer, Automobile Lease and Mileage Expenses, Related to the Implementation of the Safe Schools/Healthy Students Grant, Appropriating the Funds to the Budget of DYS, Authorizing the Creation of 1.0 Juvenile Counselor Position and Authorizing the County Administrator to Execute the Amendment to the IGA in Substantial Conformity with the Attachment.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 6-03/In the Matter of Amending Chapter 5 of the Lane Code to Designate the Meter Response Setting for Sound Measurement (LC 5.610). (Second Reading and Public Hearing: September 10, 2003, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 6-03 set for September 10, 2003 at 1:30 p.m.




Marc Kardell, Assistant Legal Counsel, explained these were technical changes to the Lane Code.


VOTE: 4-0.




a. ORDER 03-8-20-5/In the Matter of Appointing Two Pools of Board Members Who May Be Selected by the County Clerk to Sit on the Board of Property Tax Appeals.


Annette Newingham, Elections, explained they appoint two pools of people because they consulted with the Assessorís office and they thought it would be a good idea if they had one board that would deal with commercial and one with residential. She noted that all were recommended except for Clarence Miller, who is a Port of Siuslaw Commissioner and is not eligible because he is a member of a governing body of a taxing district. She noted that John Brown, who was a strong candidate as an appraiser, was not recommended due to his current employment as an appraiser. She stated this was a current practice.


MOTION: to approve ORDER 03-8-20-5.




Newingham noted it was their goal to bring new people into the pools and use them so when they lose people they still have expertise.


Sorenson thought John Brown would be a good member, as he is well regarded in the business community. He wanted to add him to the pool. He saw Brown as someone who was donating his time and expertise to the County.


Morrison didnít see anything wrong with adding Brown on the list as an additional member.


VOTE: 4-0.


Dwyer stated there should be a policy about an appraiser not being on the Board of Property Tax Appeals.


Green concurred.


Sorenson said the policy was clear about appointing someone to the Board of Property Tax Appeals who was an elected official. He said the statute was written for the purpose to prevent a conflict of interest. He agreed they needed a broader policy of conflict of interest than the Board of Appeals Property Tax Board. He thought it could be a statute for Lane County and an ordinance that would clarify the problem of conflict of interest.


Morrison suggested that a definition of conflict of interest should go to Policies and Procedures.


MOTION: to have the issue of conflict of interest go to Policies and Procedures and come back to the Board with a recommendation.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.


Sorenson noted this would come back in eight weeks for a report back to the Board.


b. ORDER 03-8-20-6/In the Matter of Award of Bid LCP 2003-05 for a Construction Contract for Lane County Adult Corrections Roof Replacement in the Amount of $148,126.


David Suchart, Management Services, indicated that this item was in the Capital Improvement Program this year and was budgeted around $150,000. He noted they came in under budget. He said they are making sure that all of the roofs on all of the buildings are up to date using the Capital Improvement Program.


MOTION: to approve ORDER 03-8-20-6.


Morrison MOVED, Green SECONDED.


VOTE: 4-0.


There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.


Melissa Zimmer

Recording Secretary