BOARD OF COMMISSIONERS'
June 11, 2003
Commissioners’ Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr. and Anna Morrison present. Tom Lininger was excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Charlie Bentz, 3151 Edgewater Drive, read his letter into the record. (Copy in file).
Lorane Still, 83076 N. Bradford, Creswell, stated she has owned purebred dogs all of her life and she had been a breeder and exhibitor for over 50 years. She added that the American Kennel Club approves her as a judge. She noted in 1974 the Lane County Board of Commissioners appointed her to a Lane County Animal Control Advisory Committee. She stated there were no representatives of the organized cat or dog communities on the current task force. She said her request for representation was ignored.
Jim Forbes, Executive Director, Looking Glass, 72 Centennial Loop, Eugene, explained the Pathways Program is an effective program dealing with kids who commit a disproportionate share of crimes in Lane County. He noted that 8.4% of the kids commit 57.4% of the crimes and those are the types of kids that Pathways works with so successfully. He stated the $250,000 proposed cut would also lose $132,000 in a match. totaling a $382,000 cut. He asked the Board to support the program and have staff work with him to find alternative creative ways to fund the program.
3. COMMISSIONERS' REMONSTRANCE
Dwyer said he was disappointed when he watched the Eugene City Council meeting regarding changing Centennial to Martin Luther King Boulevard. He said he would write the City Attorney to ask for all the e-mails of the City Council, Mayor and staff regarding the Martin Luther King Boulevard matter under the Freedom of Information Act. He found their proposal offensive.
4. EXECUTIVE SESSION as per ORS 192.660
5. COMMISSIONERS' BUSINESS
Green discussed the Eugene City Council’s decision on the Martin Luther King re-naming process. He wanted to take action as a Board. He noted the Eugene City Council rejected the proposal that was advanced and supported by the Springfield NAACP Chapter. He said they wanted to appoint a special committee and create a broader group to review it. He publicly acknowledged Bonnie Bettman and David Kelly for their support. He noted the NAACP will boycott any future process and will not serve on the special committee. He supported the boycott and will not participate. He asked the Board of Commissioners to withdraw their financial support.
Sorenson said he testified at the Planning Commission. He was in favor of changing Centennial. He thought it was important to have a street connected between Eugene and Springfield and a presence on I-5. He didn’t realize that it was a land use hearing.
Green suggested pulling the dollars out and taking further action when necessary.
Sorenson suggested having Van Vactor write a letter with he and Green to be sent to the City of Eugene. He noted it would come back to the agenda team first.
With regard to Charlie Bentz, Morrison asked that copies of the Animal Task Force be given to him.
Sorenson suggested Mike Wellington contact the task force to see if they could provide a letter giving information about the task force and if there are public minutes and meeting notices that those be given to Bentz as well.
Van Vactor noted the task force was Board appointed and he suggested it would be better coming from the chair of the task force.
Sorenson said Wellington could write up a response and Scott Bartlett could sign the letter.
6. COUNTY ADMINISTRATION
b. DISCUSSION/2003-2004 Lane County Budget, Making Appropriations, and Levying Taxes.
Dave Garnick, Senior Budget Analyst, explained the Budget Committee approved the Budget on May 20, 2003, but there are a few adjustments that came forward. He added some were re-budgets where the department had authority to spend money to do certain projects and the project wasn’t going to be completed by June 30 and they carry the money forward to complete the project. He noted there were grant monies coming in. He said there were some add packages from Health and Human Services where they were using some of their dedicated funds to do some changes.
Garnick discussed budget adjustments on Attachment A. (Copy in file).
With the general expense, Garnick noted in the special revenue fund, the Board already authorized a loan to the Fair Board for the planetarium, but operating loans are only two years. He said the two years had expired and they had to re-authorize that loan. He said that puts in place the ability for the Fair Board to re-pay the money. He added there is an additional $50,000 that is planned to be reimbursed from the fairgrounds that will go back to the transient room tax special project fund.
Anette Spickard, Budget Analyst, explained that Public Works had asked if they could also include on the contracts list a revenue contract that they will have with ODOT, where ODOT pays Fleet Services to maintain and repair ODOT’s equipment. She added it is an amount not to exceed $75,000 for the year. She noted that ODOT submitted the contract with a term of ten years.
Sorenson asked if there was any way of responding to Pathways request of $250,000.
Garnick responded he wasn’t aware of any additional funding that is available.
Green thought what they could do was make a formal statement that if money were available as a result of the state, that they approach Pathways and other public safety and human services so they could ramp up the beds at Pathways. He wanted to go on record that if there were additional funding to allocate the money toward that.
Garnick noted the motion the Budget Committee approved was that they recommend to the Board that if additional discretionary general fund dollars become available, they might prioritize Pathways.
Lininger asked the Sheriff what the best way was to spend the $50,000 from the block grant.
Jan Clements, Sheriff, explained this is a block grant that is passed on for Part 1 crimes to various jurisdictions. He said the Sheriff’s Office took the initiative under the federal guidelines to claim disparity with the City of Eugene given the number of part 1 crimes that are found in the city versus the jurisdiction that provides correctional prosecutorial services for those jurisdictions. He noted that money was going to fund PSCC staffing and a variety of services. He stated the Sheriff’s Office had not been able to depend on that money in the past. He noted $38,000 had been preserved for whatever PSCC staffing may elect to do.
Clements noted their INET interagency team is the second most active team in the state and has the second highest methamphetamine lab seizures. He said if the Sheriff’s Office eliminates its one remaining position of its original commitment of three deputies, then INET will cease to operate in unincorporated Lane County. He added it would endanger INET’s viability within the metro area. He stated without INET they would have no way to provide cleaning up meth labs.
Lininger supported the proposal to use the $50,000 to fill part of the FTE they would use under the current budget in INET. He agreed that Pathways was an important program and should be at or near the top of the list if any further money becomes available.
Forbes said his interest is keeping an important program for the kids. He wanted the Board and staff to find funding to maintain the entire funding for Pathways.
Garnick explained that under the rules for block grants, jurisdictions may not use LLEBG funds to replace local funds. He didn’t think freeing up general fund money in the Sheriff’s Office would be an allowable use of those funds. He added the Budget Committee and Board had already prioritized the discretionary money, putting 70% of it into public safety.
Morrison commented that Lane County needed to hold onto the reserves. She cautioned the Board about using the reserves for Pathways.
Dwyer wanted the Board to commit to Pathways any unexpended reserves from the commissioner’s personal accounts or the contingency account.
Sorenson wanted the Board to figure out a way (within the parameters of the budget process) to do what they can to provide additional funding in the budget for Pathways. He wanted a commitment that would take place.
Van Vactor asked how they would be able to use the grant for INET if they couldn’t supplant.
Garnick responded the detective position would ago away as will the Pathways Program. He added they couldn’t supplant, so they couldn’t take the $50,000 to the Sheriff and then take $50,000 from the Sheriff to give to Pathways. He stated this was additional money and they have to use it for a purpose not previously funded.
Sorenson reiterated that the Board direction was for the money to go to the Sheriff’s Office. He added as part of the direction that they try to find funding for Pathways.
7. PUBLIC WORKS
a. ORDER 03-6-11-1/In the Matter of Re-Allocating $325,000 from the Oak Street Capital Project Partnership Project to the Eugene Federal Courthouse First Phase Transportation Improvements and Amending the FY04-FY08 Capital Improvement Program.
Ollie Snowden, Public Works, reported that about 18 months ago the Board set aside $9.6 million in County money, made possible by the County payments legislation to build road improvement projects on the state highway system and the city street systems in Lane County. He noted of the projects that were approved, the Oak Street Extension would extend Oak Street from Fifth Avenue to Willamette. He added it was allocated $325,000 from the County road fund for Fiscal 03/04. He noted the Board had a work session on October 30, 2002 and the majority of the Board had serious concerns about parking considerations. He said although the Board didn’t take action, it was clear at that point that a majority of the Board was not interested in spending any County money on the Oak Street extension.
Snowden reported that Kurt Corey, City of Eugene, sent him a letter on May 6, indicating that the City of Eugene was going to pursue a federal earmarked project through the congressional delegation for transportation improvements to the new federal courthouse and they were looking at Lane County to provide the match. He noted they didn’t know what the match requirement was going to be. He explained the project was divided into phases. He took it to the Roads Advisory Committee and he thought it would be possible to take the money that was earmarked from the County capital project partnership for Oak Street and apply that to the Phase One transportation improvements for the courthouse. He explained it wasn’t quite a one-to-one match because the city was looking for $340,000 as a local match but the County had $325,000 in the capital project partnership. He noted while the Roads Committee was discussing the item, the representative from ODOT, Don Erich, volunteered that ODOT would make up the difference. He recommended the Board move forward with this and amend the CIP to reflect that.
Kurt Corey, City of Eugene, indicated the new federal courthouse would be built and served by a transportation system. He said they were requesting a 20% match on the street transportation system immediately serving the courthouse facility itself. He added the Oak Street project would not be built.
Green supported the board order.
Green MOVED, Morrison SECONDED.
Sorenson wanted the board order amended to say the Wayne Morse Federal Courthouse.
VOTE: 4-0. (Dwyer excused).
8. CONSENT CALENDAR
A. Approval of Minutes:
April 30, 2003, Public Hearing, 1:30 p.m.
April 20, 2003, Public Hearing, 6:00 p.m.
B. Health and Human Services
1) ORDER 03-6-11-2/In the Matter of Accepting the Mental Health Court Grant with the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in the Amount of $149,999 for FY 2003-2005.
2) ORDER 03-6-11-3/In the Matter of Appointing the County Administrator or His Authorized Designee as County Financial Assistance Administrator for the FY 03/05 Department of Human Services (DHS) Financial Assistance Agreement.
C. Management Services
1) ORDER 03-6-11-4/In the Matter of Authorizing the County Administrator to Execute a One Year Lease Renewal and a One Year Management Agreement with the City of Oakridge for the Willamette Activity Center at an Expense of $50,000.
D. Public Works
1) ORDER 03-6-11-5/In the Matter of Awarding a Contract to Weyerhaeuser in the Amount of $96,770 for Rural Recycling Services, WM 02/03-04.
2) ORDER 03-6-11-6/In the Matter of Awarding a Contract to St. Vincent dePaul in the Amount of $54,530 for Appliance and Propane Tank Recycling Services, WM 02/03-06.
3) ORDER 03-6-11-7/In the Matter of Awarding a Contract to BRING Recycling in the Amount of $97,920 for Full-Line Recycling Services at the Glenwood Central Receiving Station, WM 02/03-03.
4) ORDER 03-6-11-8/In the Matter of Approving a Letter to the Heceta Water District on Charges for Water to Certain Park Facilities.
Sorenson suggested pulling 8 e) l.
MOTION: to approve the remainder of the Consent Calendar.
Morrison MOVED, Green SECONDED.
VOTE: 4-0. (Dwyer excused).
MOTION: to approve ORDER 03-6-11-11.
Dwyer MOVED, Lininger SECONDED.
Lininger noted there was a concern that the Board of Commissioners might have reached a decision in Executive Session that violated the Open Meetings Law. He was confident they did not. He believed this was in the best interest of the people who elected him. He supported the motion.
Green said the order was consistent with the practice. He added decisions are not made in Executive Session. He wouldn’t support this because he didn’t support the letter being sent. He thought the Jaqua family could manage their own issue around this and the County shouldn’t be involved.
Dwyer asked last week for the order to be drafted, as it is in keeping with their practice. He said they did direct staff to file a formal appeal so they could get the County involved to reserve Lane County’s standing.
Morrison commented she did not participate in the Executive Session and she would not support the motion. She didn’t think Lane County should be taking a position
VOTE: 3-2 (Green, Morrison dissenting).
9. HEALTH AND HUMAN SERVICES
a. ORDER 03-6-11-9/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840) Effective July 1, 2003.
Lynise Wagar, Health and Human Services, discussed the revisions for Public Health and Alcohol and Drug.
Green asked how Lane County stood in comparison to other counties with the fees.
Rob Rockstroh, Health and Human Services, responded that in the past Lane County was on the top end but they are now comparable with Multnomah, Marion and Clackamas County. He added in some target areas the fees are set by the state.
Green wanted to make sure that Health and Human Services recoups its costs.
MOTION: to approve ORDER 03-6-11-9.
Green MOVED, Morrison SECONDED.
VOTE: 4-0 (Lininger excused).
10. MANAGEMENT SERVICES
a. ORDER 03-6-11-10/In the Matter of Award of Bid LCP 2002-7 for Construction Contract for Child Advocacy Center from Ordell Construction Company in the Amount of $1,686,135.
Doug Harcleroad, District Attorney, explained this is a build or not to build decision. He said they have to accept the bid no later than next week. He said there is a need for the larger facility, as the customer base was not going away. He said they are $20,000 short and have an $187,000 contingency. He stated that grants have been tougher because of the general economy. He noted historically they put no County money into the project. He added that last year they did backfill it through the District Attorney’s fund through $75,000 in indirects. He noted the Child Advocacy Board voted 6-3 to go ahead on this project.
Harcleroad indicated the worst-case scenario would be to build a building that would remain empty. He added there is no bond money involved, it is mostly road fund money, grants and private donations.
Harcleroad passed out an information analysis about the Child Advocacy Center. (Copy in file),
Harcleroad explained the old building they are currently in is appraised over $400,000. He added they have $175,000 in County money that would be reimbursed back to the County if they build the building.
Lininger supported awarding the contract, as this is a fantastic program.
Harcleroad noted the base bid is $1,496,635 for 6,595 square feet. He said they bid it with two alternatives. He said his Board decided to go for the conservative bid.
Sorenson asked what would happen if they had to close the facility with the proceeds.
Suchart responded the money would go back to the City of Eugene. He noted the obligation is for five years on the Community Development Block Grant money. He added the proceeds of the sale of any capital asset go back into the Capital Improvement fund.
Van Vactor commented, in reviewing the services provided, that they are critical and important. He thought as an alternative to closing the facility that they would at that time think about shifting priorities for the District Attorney and use the general fund if necessary. He thought that was an option.
MOTION: to approve ORDER 03-6-11-10.
Green MOVED, Lininger SECONDED.
Suchart said the order would be amended to show the bid for $1,496,635, the base bid for the contract amount.
Sorenson supported the motion because he believes the children served by the Child Advocacy Center need the service. He noted the operational funds might be hard to find for the community and government to provide for children who have been abused. He thought it was the Board’s responsibility to try to do this.
VOTE: 4-0. (Dwyer excused).
11. COMMISSIONERS' ANNOUNCEMENTS
Sorenson reported he met with Erin Bonner of Shelter Care and she is giving a letter to the Board about the impact of the state budget cuts on the population they serve. He announced that Diane Linn, Chair, Multnomah Board of County Commissioners, will be present on June 17 for a special Board Meeting in Harris Hall. He noted on June 17 at 7:00 p.m. he is having a LCARA task force meeting. He announced on June 18, there will be a joint hearing with the Cities of Eugene and Springfield regarding the I-5 Bridge detour.
12. CORRESPONDENCE TO THE BOARD
Sorenson indicated that he received a letter from the Lane Metro Partnership Director asking the Board to review the letter and to schedule a work session. He said the agenda team is working on it.
13. EMERGENCY BUSINESS
14. OTHER BUSINESS
Melinda Kletzok gave a certificate to her intern Stephanie who produced a Lane County brochure.
There being no further business, Commissioner Sorenson adjourned the meeting at 12:00 p.m.