September 17, 2003

9:00 a.m.

Commissionersí Conference Room

APPROVED 11/5/03


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




Sorenson reported they would be adding the Casino and POW/MIA resolutions to the agenda.


Dwyer suggested putting down honoring the disabled week on the future agenda.




Earl Kelly, 04586 Mirror Street, Florence, said the lots on both sides of his property have the conventional sewer systems in.He said he lacks 300 feet to get a sewer system.He stated he received a letter that reiterated why his property was turned down.He said the Board should have the employees enforce all of Chapter 340-71-40 2 (b) of the Administrative Rules.He said he qualifies and he is entitled to it.


Morrison noted that after Kelly was before the Board last time, the Board directed staff to send them further information.She added that the Board had decided not to go forward to do anything. She said there was an e-mail that came out in response to Kellyís statements.












a.DISCUSSION/East Lane Commissioner Vacancy.


Sorenson noted this was the continued discussion of the East Lane Commissioner vacancy.

Green stated the Board was lucky to have a great pool of applicants that they could draw from.He said they have the opportunity to do something good for all of Lane County.He recommended Gary Williams.


Dwyer recommended Martha Roberts.


Morrison recommended Gordon Howard.


Sorenson recommended Martha Roberts.


Because they couldnít reach an agreement on a candidate, Sorenson suggested putting it on the agenda next week or continuing to deliberate.


Morrison wanted to resolve the matter today.She didnít want to prolong the process.


Dwyer reiterated this was an interim appointment, that the election would decide the permanent position.


Green wanted to resolve the matter today.He didnít think there could be additional information that would persuade him to change his position.He said he would be willing to live with their decision if they canít come up with a unanimous choice.


Dwyer reviewed his notes on the candidates that were chosen.He thought that Martha Roberts was the right choice.


Morrison was willing to change her choice to Gary Williams.


Sorenson said they would put this item back on the agenda in the future.


b.DISCUSSION/Evaluation of Internal Auditor.


Kay Blackburn, Internal Auditor, reported during the past year she spent time becoming familiar with County operations, programs and staff.She noted most of the recommendations that she had made from the projects havenít been implemented.She spent time with the Finance Department with the annual audit, reconciling grants and preparing the schedule of expenditures for federal awards.She prepared a calculation of the retiree health liability and it included recommendations on how the County could have full cost recovery on grant-funded positions.She added there were similar recommendations made on the compensated absences liability to make sure the County is recovering the full personnel costs on grants.


Blackburn prepared recommendations on using the Invision reporting tool and identified that its use could result in an annual audit savings of about $17,000 and financial statement set up cost savings of about $65,000 in ongoing staff savings time.She noted that the Finance Department has been using that as a tool to prepare this yearís audit.She completed a review of the bank accounts that identified $7,500 in annual bank savings fees along with potential savings of about $100,000 annually in administrative staff time. With regard to the purchasing review, Blackburn identified about $8,000 potential annual rebates in purchasing cards for processing small dollar purchases between $600,000 to $1 million per year.


Blackburn discussed improvements she wanted to make.She wanted to collect information in a timelier manner to expedite some of the projects.She added she wanted to develop a list of small projects she could work on when she is waiting for information to come back.


Morrison stated the overall change in the past year in how they receive information and the value of the information had been great for her.She appreciated the cost savings that were found.


Dwyer commented that Blackburn was well organized and she uses her time wisely.He said she was an asset to the organization.


Green concurred that her work style was a tremendous asset for Lane County.


Sorenson thought Blackburn was doing a good job.He thought having an internal auditor was a cost effective way to spend public dollars and the savings show why they want to have an internal auditor.He suggested Blackburn schedule individual appointments with each commissioner on the allocation of auditor time.He wanted her to focus on the specific savings that can be achieved. He suggested having formal agenda items that involve amounts of money in higher denominations be routed through the internal auditor for her evaluation.He noted Blackburnís contract would be brought back on the Consent Calendar.


Blackburn thought they should have a countywide risk assessment each year in conjunction with developing her work plan.


Wilson thought with drafting Blackburnís contract, that the contract term would begin one year after she started work with the County.She asked the Board if they would want Blackburn to get an increase in her salary that normally goes with a merit increase.


There was consensus to go ahead with the merit raise.


c.POSSIBLE DISCUSSION/Help America Vote Act Letter to DeFazio.


Sorenson distributed an e-mail to the Board in response to Peter De Fazioís letter on the Help America Vote Act.He suggested including the sentence:ďWe will do everything in our power to make sure that we eliminate punch card voting in Lane County.Ē


Dwyer stated he served notice of possible reconsideration and under the rules, he moved to reconsider the motion of the letter to Peter De Fazio that failed to gain a majority.


MOTION:to reconsider the motion of the letter to Peter De Fazio.


Dwyer MOVED, Morrison SECONDED.


Dwyer explained he sent Congressman De Fazio a letter outlining the fact that he would be receiving this letter under Dwyerís signature saying the Board failed to send it because of a lack of a majority.He added the Board was doing everything it could to honor the HAVA and that Lane County is committed to eliminate the punch card ballots.He didnít support adding Sorensonís sentence to the letter.


David Suchart, Management Services, reported that since he met with the Board last, there was a conference call with Bill Bradbury, Secretary of State, about his concerns on what is going on in California. He and Annette Newingham, Elections, discussed options around facilities use.He said they were looking at options for temporary facilities at the annex site should the sale of the property not occur. He said he has met with facilities and infrastructure staff to discuss the annex being prepared for the first two elections. He stated it is their highest intention to comply with HAVA.He couldnít guarantee things outside of their control would not affect what they are doing.


Dwyer noted the Board was trying to respond to a congressional inquiry.He asked why Sorenson voted against it.


Sorenson thought this was significant in trying to commit to do everything in their power to eliminate punch card voting.


VOTE: 3-1 (Sorenson dissenting).


Sorenson commented that the part of County government that administers elections should commit itself to do everything to eliminate punch card voting in Lane County.He added that asking that the sentence he recommended be included to the letter to De Fazio was reasonable.He said it would assure the citizenry that Lane County was committed.He added omitting the comment from the letter only further puts into question whether or not Lane County would do it.


Dwyer said testimony indicated the Board was doing whatever they could.He said the sentence wouldnít change a thing about how they intend to operate and what they intend to do.He viewed Sorensonís failure to vote as a mistake that the sentence tries to correct.


d.Casino Resolution


Morrison reported in July she was to come back to the Board with a new resolution regarding a position the Board should take on the casino issue in Florence.She noted it was postponed due to her health issues.


Tony Bieda, Intergovernmental Relations Manager, passed out material. (Copy in file.)He stated this brings back a resolution that expresses sentiment on behalf of the Board toward the idea of having casino style gambling in Lane County operated by the tribes.He added it was also to provide an update on opportunities for county government working with other elements of local government to seek amendments to the existing compact between the State of Oregon and the tribe to address matters of local concern.He thought that was an opportunity to recover some of the additional costs of transportation infrastructure, public safety and other social services resulting from the development and operation of the casino in Lane County.


Morrison recalled the governorís staff requested some things they wanted to see Lane County do to be a participant at the table.She is not a supporter of the casino.She noted the PACT group had filed a claim against the state.She said they have to look at Highway 126 and law enforcement issues to cover the impacts that would take place.She said they wanted the tribes to participate in some form to offset those costs.She stated the resolution states that Lane County does not support casino style gambling within the geographic boundaries of Lane County.


Dwyer thought this was premature.He didnít support the resolution until there was some finality to the appeals process.He didnít think the lawsuit would be successful.


Sorenson stated the Board had previously authorized a letter to the governor appointing Morrison to be the liaison with the state.He asked if that gave Lane County authority to participate fully in the negotiations with the tribes and the local and state governments to recover the contributions.He said the Board had already agreed that they wanted Morrison to do this. He didnít think they needed the resolution.


Green thought the resolution reiterated what the previous letter had stated.He supported the resolution.


e.ORDER 03-9-17-5/In the Matter of Proclaiming September 19, 2003 as POW/MIA Day in Lane County


Sorenson noted this resolution was brought at the request of the Vietnam Veterans of America in Lane County.


Sorenson read the resolution into the record.


MOTION:to approve ORDER 03-9-17-5.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.






Van Vactor announced that next week the National Association of Deferred Compensation Administrators is holding its annual conference and he will be attending.




a.ORDER 03-9-17-1/In the Matter of Approving a Feasibility Cost Sharing Agreement (FCSA) for the Metropolitan Waterways General Investigation and Authorizing the County Administrator to Execute the Agreement.


Ollie Snowden, Public Works, reported that in December, United Front was successful in 2002 in getting the Corps of Engineers to set aside money for the first phase of a general investigation study for the metro waterways project.He said there is federal interest in a potential capital waterway improvement project in the metro area.He added that the feds are willing to spend money on a feasibility phase. He said the feasibility phase would examine the watershed as a whole and focus on specific projects that would have the potential to receive capital funding from the Corps some time in the future.He noted the agreement they would be entering into requires that the project sponsors provide a 50% match.


Snowden explained the initial cost estimate at the time the cover memo was written was $8 million for the full watershed study.He noted that the Cities of Eugene and Springfield expressed some concern about that level of funding and they wanted to look at a scaled back project that would be closer to $2.8 million. He noted that would not look at the watershed level analysis, but would focus on the projects that Eugene and Springfield were interested in.He said that Marc Kardell, Assistant County Counsel, spoke with the Corps of Engineers to see if it was possible for Lane County to sign on as a project sponsor without obligation for the 50% cost match.Snowden stated the Corps said no, Lane County would have to sign the cost share agreement as is.He noted that would obligate the sponsors to the 50% match but if Lane County wanted to have a side agreement with the Cities of Eugene and Springfield that holds Lane County harmless and relieves any obligation to fund the match, it could be done.He and Kardell met with Eugene and Springfield staff and both were interested in having the County sign on and Eugene and Springfield were willing to move ahead with an intergovernmental agreement that would relieve the County of any financial obligation as far as the cost sharing study goes.He noted Springfield rolled this matter to September 22 so they donít know about the Springfield City Council.He added Eugene staff thought they had the authority to have the City Manager execute the cost sharing agreements.He stated at the staff level they support the County signing on as a sponsor.


Snowden explained the action they were asking for is that the Board considers signing the cost sharing agreement as a co-sponsor, contingent upon execution of both the cost sharing agreement and the IGA with Springfield and Eugene that relieves the County of any financial obligation.He said it would get the County to the table during the next phase of the study and staff time would come from a long-range planner in Land Management.He added it is consistent with the metro area studies with more County involvement.He thought it would take a day or two per month for the level of involvement for County staff.


Steve Gordon, LCOG, noted the reason they got to this point with the Corps is that they had success with the Lower Amazon restoration project, Delta Ponds and the Springfield Mill Race.He said all of them were undertaken under continuing authority that congress has given the Corps the ability to do specific things.He noted they had a series of the projects they took to the Corps that didnít go anywhere.He said a positive outcome of the study if it is completed, would be a list of capital projects that would be authorized by congress and United Front could go back and seek the appropriations under the study from congress to implement them.He suggested the County should be part of it.


Eric Bloom, Project Manager, Corps of Engineers, stated he had been working to put together a project management plan that supports the feasibility cautionary agreement.He said they scaled down the scope of the overall study to about $6.6 million.He supported a three party agreement.He thought it was beneficial for the County.


Snowden noted they have no match money for this project but if the property owners were interested, there would be nothing to prevent them from working with the neighbors to create a local improvement district where they could fund the match for a study that would look at the revetment.


Kardell explained there was a 30-day out for any reason if Lane County wanted to opt out.He said there could be problems with whatever exists as of the 30 days.


Morrison was concerned because of the Corps inability to lock down numbers to a project.She wondered what the overall impact would be if the Corps doesnít get it done.


Snowden didnít know where the money for this would come from.


MOTION:to approve Option 1 of ORDER 03-9-17-1.




Green supported the request.He thought it was best to have the County involved.


Kardell stated that Bloom raised a figure of $3.5 million.He noted the Board Order said the study would be at a $2.8 million.He said the number was difficult to get a handle on.He suggested going with the $3.5 figure.


Dwyer wanted to give the authority to go up to $3.5 million.


Dwyer agreed to amend the motion.The second was also agreed upon.


Snowden noted the order says that the County would sign contingent upon an IGA with Eugene and Springfield.He didnít know if Springfield would sign the cost sharing agreement.††† He asked if Lane County would sign on only with Eugene.


Dwyer explained this was very important to the City of Springfield.


VOTE: 4-0.




A.Approval of Minutes:

June 18, 2003, Regular Meeting, 1:30 p.m.


B.Health and Human Services


1)ORDER 03-9-17-2/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment with Performance Health Technology, Ltd. in the Amount of $600,000 for the Period October 1, 2003 Through September 30, 2004.


2)ORDER 03-9-17-3/In the Matter of Establishing a New Fund 287 for Lanecare, Lane Countyís Managed Mental Health Organization, Effective October 1, 2003.


MOTION:to approve the Consent Calendar.


Morrison MOVED, Dwyer SECONDED.


VOTE: 4-0.




a.ORDER 03-9-17-4/In the Matter of Approving the Use of $30,000 in Lapse to the District Attorney's Office to Combat Domestic Violence and Directing the Budget Staff to Have the Funds Appropriated in the Next Supplemental Budget. (PULLED)


Doug Harcleroad, District Attorney, reported the Board didnít have to do anything.He said they filed the motion several weeks ago, believing there would be more than a 2% lapse in the Sheriffís Office and the documentation shows there is not.He stated the District Attorneyís revenue comes from various places.He said they have a $50,000 grant that is leveraged money.He said they would only get about $37,500 because they were already into the year.He said he has the revenue in the DAís office to do the Sheriffís portion of $22,700.He said he could make the District Attorneyís budget balance.He said the Board didnít need to give him any more money to get the Domestic Violence position.He added the position has been successful as a team effort between the police agencies and his office.


Garnick commented that Harcleroad found a different solution that doesnít try to use the lapse and he was in full support.


Harcleroad stated he would bring this back in a supplemental budget.








Sorenson stated the Board of Commissioners was not planning on having the Oakridge City meeting that was scheduled for September 18, 2003.


Green attended the Springfield Chamber of Commerce Legislative Committee Breakfast.He noted the Chamber of Commerce was interested in what the Board does by helping all the cities with resolving the maintenance issues.


Morrison recalled the Board was asked if they had any specific items that they wanted to be discussed at the District 5 meeting on October 6.She said she didnít hear anything back so she assumed that no one had a specific agenda item.


Green wanted to know what happened to the beer and wine tax and why AOC backed off.


Sorenson said he attended a meeting regarding the mutual interest of Lane County, CVALCO, Eugene and Springfield.He said the meeting was about the need for promotion of convention space for the metropolitan area.He stated that Kari Westlund of CVALCO was asked to start to work on an agenda for a meeting in January of the Board of Commissioners, Springfield, Eugene and other cities in Lane County.He suggested an agenda item for the middle of January, to formalize CVALCO going ahead with this on the convention center and tourism.


Green announced the Eugene Celebration would take place this weekend.


12.EXECUTIVE SESSION as per ORS 192.660


To take place in the afternoon.




ORDER 03-9-17-6/In the Matter of Delegating Authority to Settle Claims of Christine Keen.


MOTION:to approve ORDER 03-9-17-6.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.


There being no further business, Commissioner Sorenson adjourned the meeting at 3:15 p.m.



Melissa Zimmer

Recording Secretary