BOARD OF COMMISSIONERS'
June 18, 2003
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1.† ADJUSTMENTS TO THE AGENDA
Sorenson announced item 6. c. to be put under County Administration is the matter of approving a small amount of money for an economic analysis of a possible wholesale pet food tax.† He announced item 7. C. 1) would be pulled from the Consent Calendar and discussed at 11:20 a.m.†
2.† PUBLIC COMMENTS
Chaz Nebergall, 1357 W. 8th, Eugene, stated in negotiations with the state, they have been able to save the Royal Avenue Program.† He said their current offering of 18 beds would be reduced to nine, further cutting the indigent beds to four.† He read a letter into the record.† He requested that the Board endorse the letter and to help lobby the state for reinstating crisis funding services for indigent care and having the legislature reinstate the mental health benefit for the Oregon Health Plan standard population.
Sorenson asked that he give the Board a draft letter.
Mary Ann Holser, 2620 Cresta de Ruta, Eugene, stated she had been on the Budget Committee for the past seven years and had seen revenues go down each year while the population and need for services go up.† She said among counties in the state, Lane County is one of† the low spenders.† She added if that keeps happening, the quality of life will continue to deteriorate as they deny youth needed help from services and a good education.† She said the problems are the responsibilities of citizens of the city, county and state.† She commented that Pathways is a program that has proven successful.† She said the cost saves public money in the long run.† She asked the Board not to cut or weaken it.† She stated the troubled youth shouldnít depend on short-term grants.† She added the Countyís animals are another neglected and vulnerable population.† She commented that owning pets is a privilege, not a civil right.† She said licenses should be enforceable.† She said all the citizens need to pull together by paying taxes for needed well-run public services.
Jim Forbes, Looking Glass, 72 B Centennial Loop, stated that with regard to options for funding Pathways, the Department of Youth Services was asked to talk about what would happen if they were cut further.† He never stated that he wanted their budget cut.† He said they need all of Department of Youth Services for them to have a successful juvenile justice system.† He hoped they could look at other sources of funding.
Aimee Code Ė 1275 Jackson St., stated she works with the Northwest Coalition for Alternatives to Pesticides.† She stated she has been working on pesticide issues since 1997.† She submitted two documents into the record. (Copy in file.)† One was an ordinance for the City of Bainbridge Island that she used as a model for the second document, a draft last resort ordinance for Lane County Roadside Vegetation Management.† She asked the Board to consider basing the ordinance on the draft she put together.† She added she tried to match the document created by the Health Advisory Committee.† She supported the Board and staff for working to implement the Last Resort Roadside Vegetation Management Plan.† She said the technology and capabilities to maintain roadsides with little herbicide does exist and through a last resort ordinance over time, Lane County could reduce its dependence on hazardous herbicides.† She said the policy must contain some strong directive to Lane County to annually increase the number of new non-chemical control methods utilized.
3.† COMMISSIONERS' REMONSTRANCE
4.† COMMITTEE REPORTS
a.† Legislative Committee.
Tony Bieda, Intergovernmental Relations Manager, stated the Board has a report from the Legislative Committee pertaining to legislation HB 3638, drafted and introduced by AOC.† He explained the recommendation before the Board is to officially go on record supporting the bill.† He stated the legislation was aimed at providing some additional protection from liability for the County as the funding availability from the state general fund; to offer programs and services in partnership with the counties diminishes.† He said as those resources are rolled back and the programs are eliminated, it comes into conflict with expectations by the public.† He said there could be exposure to liability or lawsuits and this legislature seeks to clarify what the discretion of local county government is in making the difficult tradeoffs as the funding picture changes.
MOTION: to approve the recommendation from the Legislative Committee.
Morrison MOVED, Dwyer SECONDED.
Sorenson asked if there was any objection to this legislation.
Bieda responded it had been worked on since it was introduced and some of the provisions have been modified and amended to address some of the concerns.† He said the key support for this item would come from the governorís office.† He noted the amendments that† have been proposed but have not been introduced, would remove the provision requiring the state to defend the counties against liability claims.†
Sorenson supported the motion because he was concerned about the failure of the state to provide sufficient funds for mental health and developmental disabilities and local public health funding.† He thought the legislature might impose the requirement that Lane County provide the services without the funds to do so, thereby putting them in a legal obligation.
Green was concerned because it didnít speak to the threshold of services.† He said the service levels could be at a full-funding capacity.† He said they might be able to provide the service, but it doesnít state to what level.
Lininger agreed that accountability should lie with the state.† He wanted to make sure that legal staff wouldnít have responsibility for defending the Boardís position.
5.† FAIR BOARD
a.† ORDER 03-6-18-1/In the Matter of Approving the Reimbursement of Transient Room Tax Special Project Funds and the Creation of a Fair Board "Rainy Day" Cash Reserve Fund.
Warren Wong, Managing Director, Fairgrounds, explained this was a recommendation from the Fair Board that had been taken to the Finance and Audit Committee and through the Budget Committee in May.† He said it asks the Board to pass a board order to allow the allocation of the use of the excess transient room tax† the Fair Board gets.† He said there was an outstanding loan that was authorized by the Board of Commissioners to the Fair Board to operate the planetarium while the strategy to move the planetarium to the fairgrounds was underway.† He said that was unsuccessful and they did have to borrow $290,000 and the Fair Board is committed to repaying that.† He asked that some of the excess transient room tax be used to repay that loan.† He noted the Fair Boardís finances are such that it would not be possible to repay that loan out of fair board operations.† He said the second issue in the board order is establishing a cash reserve.† He said the annual County Fair is the only activity that covers both the direct and indirect costs and subsidizes the rest of the fair operations during the other months.† He said their cash situation is tenuous and they are concerned if there is an extraordinary event at the fair that results in not achieving the profit target that they would be in a difficult financial situation.† He said the Fair Board is suggesting that they take $125,000 out of the excess transient room tax each year for the next four years to establish a cash reserve of about $500,000 that would be the equivalent of one fairís net profit.† He added they would only access the cash reserve with authorization under two circumstances:† that the net profit is 10% less than what they budgeted or there is an emergency capital project.† Before they could expend the money, the Board would have to authorize it.
MOTION: to move to approve ORDER 03-6-18-1.
Dwyer MOVED, Morrison SECONDED.
Sorenson commented the use of money for a reserve was a good idea.
Green commented that it was the most prudent fiscal thing to do.† He stated he had confidence in the Fair Board.† He noted the last board order in the packet discussed the surplus and the need for any unexpected capital emergencies.† He requested a list of the capital needs around the fairgrounds.
Wong responded the Fair Board had adopted a capitalization policy that was processed through the Finance and Audit Committee.† He noted it states that anything over $5,000 that has a useful life over three years is a capital asset.† He said they are talking about things that maintain the infrastructure of the buildings and the equipment that has a useful life over three years.† He added the Fair Board adopted a four-year CIP that outlines equipment purchases and annually in each budget they re-affirm that.† He said they would provide a list of what they had expended with TRT money over the past two years.
6.† COUNTY ADMINISTRATION
b.† PUBLIC HEARING AND ORDER 03-6-18-2/In the Matter of Adopting the 2003-2004 Lane County Budget, Making Appropriations and Levying Taxes.
Dave Garnick, Senior Budget Analyst, reported they made a few adjustments during the budget work session.† He said they included the local law enforcement block grant funding for the Sheriffís Office of $55,532.† He said they added the Public Works contract for Fleet.† He added the Board asked about possibilities for funding Pathways to 14 beds.†
Garnick noted there were many things in the budget that were still uncertain including employee benefit cost sharing, PERS litigation and the state budget. He noted they had one-time money to close the $4.5 million gap and they are seeing more interfund loans because they donít have the cash to fund some programs up front.
Garnick reported that departments were required to achieve a two per cent lapse and because of the low interest rates and people have been refinancing, the revenue was up in Deeds and Records.† He said it helped offset things but they would end the year $690,000 lower than what was actually budgeted.† He said they looked at the contingency accounts and there was $13,000 left over from this yearís contingency and the Board does have $25,000 in the new fiscal year contingency that is available.†
Garnick said they discussed transient room tax, special project dollars, video lottery and car rental for additional funding.† He stated the excess capital transient room tax goes to the fairgrounds and the other dollars go to CVALCO for tourism related projects and the museum.† He said the Board could re-direct some of those dollars.† He stated they received about $111,844 in video lottery dollars the fourth quarter of this year and that was more than what was originally projected.† He explained the car rental tax is split between the Parks Department and the general fund.
Garnick stated they looked at Pathways to see if there was a way to reduce the daily rate, giving up some services that are currently being provided.† He said in the process of doing that, getting down closer to the Oregon Youth Authority daily rate, they could resume the 14 beds and the service could still be provided.† He said this was not recommended and some of the things the department had already looked at.† He said the Pathways reduction was the least impact on the entire continum and is still left with seven beds.
With regard to the prudent person reserve, Garnick said the policy adopted with the County is five percent† prudent person reserve in each fund.† He said it is really only 2Ĺ percent of the general fund.† He didnít recommend dipping into the reserves.
Linda Wagner, Department of Youth† Services, stated she called around other drug and alcohol residential treatment providers.†† She said there is a discrepancy and† she believed the rates could be lowered for savings for Pathways.
Lininger thought the only option feasible with Pathways would be the contingency fund money.
Green couldnít support the options around the prudent person reserve.† He
said if there is money that comes in, he was committed to having Pathways be at the top of the restoration list.
Sorenson commented that most of the other options are too small to help or involve legal risks.† He didnít want to use the prudent person reserve for this.† He asked Forbes and Lisa Smith to work on the rate issue and to try to get the Robert Johnson Foundation Grant
Morrison requested information on Lane Countyís daily rate compared to other daily rates across the state. She wanted to know why there was such a discrepancy.
Smith noted they understand they are paying for the rate.† She said they have to make a decision if they wanted to keep the 14 beds, they would have to give up some quality.† She said it wasnít a disagreement.
With regard to attachment C, Morrison suggested the item of predator control for $25,200 could be salvaged in half if they were to come up with the other half.† She said she would trade OCZMA dues for predator control as it would be countywide.† She wanted to use $12,600 of her next yearís budget for Predator Control.
Commissioner Sorenson opened up the Public Hearing.† There being no one signed up to speak, he closed the Public Hearing.
MOTION: to approve† ORDER 03-6-18-2.
Dwyer MOVED, Green SECONDED.
Morrison introduced an amendment that the predator control is funded for $12,600, with $10,000† from the carry over of the Boardís contingency fund from this year and $2,600 out of her budget.
Van Vactor stated this would be a one-time funding.
Sorenson was a no vote because they heard during the Budget Committee that the timber industry spent in excess of $25,000 on animal damage control and the money being spent by the USDA and Lane County funding was a subsidy to agricultural and the sheep industry.† He thought there was disparate treatment to the timber industry.† He said he was against the method of using $10,000 of† the Boardís contingency as there were other things they could expend it on.
Dwyer supported the motion.† He thought that predator control was a service to the community.
Morrison was more concerned about wild animals and children in her school district than people involved with agricultural.
Lininger thought the money should have been put into the Human Services Commission.
Sorenson thought this was a contradictory decision.† He thought the money should be targeted to law enforcement and human services.
Green supported the motion.
VOTE: 3-2 (Lininger, Sorenson dissenting.)
MOTION: to move to adopt the 2003/2004 budget as amended for ORDER 03-6- 18-2.
Dwyer MOVED, Green SECONDED.
c.† ORDER 03-8-18-12/In The Matter of Allocating $3,000 Out of the† Current Board of Commissionersí Contingency for an Economic Analysis of a Possible Wholesale Pet Food Tax
MOTION: to move to give the County Administrator authority to enter into an agreement with Econonorthwest or some like agency to do an economic advisability implementation analysis regarding wholesale pet food tax.† He asked that David Suchart work on this matter for ORDER 03-6-18-12.
Dwyer MOVED, Lininger SECONDED.
Dwyer commented this was not a vote to either approve or disapprove, it is to give approval to get information.
7.† CONSENT CALENDAR
A.† Approval of Minutes:
November 13, 2002, Regular Meeting, Following Board of Health Meeting
May 14, 2003, Regular Meeting, 1:30 p.m.
B.† County Administration
1)† ORDER 03-6-18-3/In the Matter of Retaining Mason, Bruce and Girard to Continue to Represent the Council of Forest Trust and Land Counties in the Implementation of the State Forest Management Plans and the Potential Habitat Conservation Plan. (Commissioner Morrison and Tanya Heaton)
C.† Health and Human Services
1)† ORDER 03-6-18-4/In the Matter of Authorizing the County Administrator to Sign a Grant Application to the Federal Department of Justice, Office of Bureau of Justice Assistance (BJA), for Up to $250,000 for a Two-Year Period to Assist Lane County's Efforts to Prevent Further Victimization Through More Effective Management of Sex Offenders.
D.† Management Services
1)† ORDER 03-6-18-5/In the Matter of Authorizing the County Administrator to Execute up to a 24 Month Lease Agreement With the State of Oregon for Approximately 10,536 Square Feet of State Owned Office Space Located at 165 East Seventh Avenue, Eugene for the Parole and Probation and Veteran's Services Programs for an Expense Not to Exceed $296,000 Provided Said Agreement Allows the County to Cancel the Agreement Anytime Prior to October 29, 2003. (Jeff Turk)
2)† ORDER 03-6-18-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Rickey F. and Mary Jane Johnson (Map #17-01-31-20-01800, Adjacent to 87796 Collins Lane, Springfield). (Jeff Turk)
E.† Public Works
1)† ORDER 03-6-18-7/In the Matter of Correcting Final Order Number 03-4-9-10 Regarding the Petition to Vacate a Portion of Duncan Slough Road (County Road Number 499), Located South of Bernhardt Creek Road near Karnowsky Creek, in Sections 22 and 23, Township 18 South, Range 11 West of the Willamette Meridian (18-11-22 & 23).
2)† ORDER 03-6-18-8/In the Matter of Vacating a Portion of Prairie Road (County Road Number 203) Located Between Irving Road and Irvington Drive in the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 10, Township 17 South, Range 4 West of the Willamette Meridian in Lane County, Oregon, More Particularly Described in the Final Order, Without a Public Hearing, and Adopting Findings of Fact† (17-04-10-22).
Sorenson stated they were taking item 7. C. 1) and 7. B. 2) off the† consent calendar.
MOTION:† to approve the balance of the Consent Calendar.
Dwyer MOVED, Morrison SECONDED.
7. B. 1)
Sorenson stated he would not be voting in favor of this.† He didnít want to retain experts to fight the state over this matter.
MOTION: to approve ORDER 03-6-18-3.
Morrison MOVED,† Green SECONDED.
VOTE: 4-1 (Sorenson dissenting.)
7. C. 1)
Rockstroh passed out what the PSCC approved. (Copy in file.)† He said they had a grant in the past but this was an application.† He noted what the money would buy is a .75 FTE mental health specialist to work with mental health and Parole and Probation offenders.† He said they didnít have anything in writing yet.† He didnít think there was a risk to apply and if they didnít apply there was a risk of losing $250,000 over a two year period.† He said the split would be between adults and children at $62,500 for a match over a two year period.† He said his department could match that.† He thought they should go forward with the grants they already have.
Trina Laidlaw, Assistant County Counsel, commented her file note was not to object to the filing of the application but to provide caution in an area with a legal issue related to the grant.† She outlined the strings that would be attached to this† money.† She noted the area she had questions about subplanting.† She said it had to do with the department answer they gave to question number 9.† She said the answer was there was no subplanting issue because there are new positions that would be added.† She questioned whether there would be more than one position.† She said the issue was not whether it was a new position but looking at it and if they would have had the position before, had the department been doing sex offender treatment in the juvenile and adult system and what the federal agency will want to look at is whether the department would have acted differently in the absence of the federal funds.† She suggested for the grant application (and because it was a specific question the Board wanted answered) in the application, in the background section when they are asking for the new mental health position, to add that there had been mental health specialists in the past.
Green supported this with the caveat of being up front with the federal agencies.
Morrison was a no vote.† She had concerns about the match, the evaluation, the subplanning piece and rushing to do this.† She hoped they would be upfront with some of the concerns that Laidlaw had.
Rockstroh stated this was not replacing any treatment services cut, this position was one they had not had before.
Dwyer stated he would support this as long as the history is summarized and included as part of the grant application.
MOTION:† to approve ORDER 03-6-18-4.
Green MOVED, Dwyer SECONDED.
VOTE:† 4-1 (Morrison dissenting.)
8.† HEALTH AND HUMAN SERVICES
a.† ORDER 03-6-18-9/In the Matter of Approving a Community Corrections Plan for the 2003-05 Biennium in the Amount of $15,756,419 and Delegating Authority to Execute Agreements.
Gretchen Pierce, PSCC Committee, explained the† PSCC concluded its last order of business for this bieunnum by reviewing and recommending to the Board the Community Corrections Plan for 2003-2005.† She said the total amount of the community corrections allocation for the biennum is $15,756,419.† She noted there is a schedule in the packet that outlines the allocations for the first year. (Copy in file.) She said in the process of the allocation, it was noted that an enormous reduction was taken in sex offender treatment and after discussion, the PSCC voted to amend this plan and bring to the Board.† She said the recommendation was they subtract the increase in community supervision to keep that amount even with the prior year and add that amount of increase back to sex offender treatment that would take their allocation from $50,000 to $141,000.† She noted it was almost unanimously agreed to in the PSCC meeting† yesterday.† She stated the recommendation to the Board for the Community Corrections Plan comes with that amendment.
Pierce said they summarized the change in a letter and the recommended change has been reflected in the appropriate schedules in the packet and the handout.† She noted there is also a request as part of the Community Corrections Plan to allow the County Administrator to approve certain contracts that are beyond the current authority to move them through the next year.
Rockstroh said there are big cuts, but the correction system within the state is looking for an enhancement.† He said the estimate is about $3 million biannually to Lane County.† He noted even though there are cuts now, they have an opportunity to come back with a newly constructed PSCC.
MOTION:† to move† approve ORDER 03-6-18-9 †as amended.
Green MOVED, Morrison SECONDED.
Rockstroh announced that there was a financial error in the board order.† He said it showed $100,000 for sex offender treatment, it should be $140,980.87.
Green stated his motion spoke to the $140,980.87 amount for one year.† He commented that the allocation for the sex offender program is critical because sex offenders canít be cured,† but they can be controlled.
Van Vanvactor noted it was not a one year contract but one for two years.
Dwyer supported the motion.† He agreed this was important to the community.
Morrison supported the motion.
Pierce said one of the most important things that had happened in the PSCC is the formation of the Supervisory Authority Team.† She said an action item they took was to make the SAT responsible for the Community Corrections Plan and for its original construction for putting together the budget for all that falls within the community corrections funds.† She said of that, the most important thing was that they actually arrived at some guiding principles for the allocation and how they are going to move forward as a system and a group.† She said when they get add backs, they will apply it† to doing† a better job of managing the offender population.†
There being no further business, Commissioner Sorenson recessed the meeting at 11:55 a.m .