April 28, 2004

9:00 a.m.

Commissioners’ Conference Room

APPROVED 1/19/05


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




There will be an emergency item.




Dan Kubler, 1811 Bennett Creek, Cottage Grove, reported he acquired Saginaw Trailer Park.  He came with a proposal of 90 cents on the dollar and waiving back taxes on the property.  He was willing to do all that needs to be done to get the property up to standards.  He asked the Board’s help to get this taken care of.


Al Phillips, P. O. Box 2146, Eugene, commented that Lane County deals with serving the needs of the majority of the public.  He said that Lane County is unique and because of the wide resources, they should put a heavy emphasis on the rural communities and space.




Discussion/Internet Tax.


Green noted there was a letter from NACo, forwarded by Senator Ron Wyden, to sponsor a letter.


Tony Bieda, Intergovernmental Relations Manager, reported that this was a follow-up on Senate Bill 150 that is in the U.S. Congress and on the floor of the Senate.  He noted it was an issue that was carried over from last fall that pertained to extending or making permanent a moratorium on the ability of state and local government to tax transactions on the Internet or Internet access.  He said the Board of Commissioners last fall weighed in on this on three occasions in the same sentiments in the draft letter before the Board. He stated there are potential detrimental effects to Lane County government if in fact their ability to collect franchise fees or other forms of revenue generation related to telecom goes away because of the passage of the bill.  He said the bill had not gone anywhere before Congress adjourned for the holidays and has come back this week.  He noted that NACo and the League of Cities requested the Board express its concern that Senate Bill 150 as proposed should not go forward.


Dwyer said they needed to differentiate their ability to collect the franchise fees as opposed to what this bill does that is included.  Dwyer recalled that President Bush indicated he would not support a tax on Internet commerce.  He thinks Bush meant a transaction tax or an access tax that the consumer would pay to access the Internet.  He said that was different than what Lane County does.  He asked how they continue to support to get the franchise fees without supporting the government’s ability to tax individuals for access to the Internet.


Bieda stated that had to be explained in their communication to congress that they differentiate what the preference is in terms of a policy direction.  


Dwyer wanted to clarify that their opposition is to a tax on consumers to access this form of media and their objections to removing their ability to collect the franchise fees that were mutually agreed to in 1986.  He suggested sending a letter separating those issues and telling them what they support and what they don’t support and what the bills really do.


Green noted there was consensus to send the letter.








a. DISCUSSION/Presentation of APRI, Lane County, Oregon Comprehensive Workload and Resource Allocation Assessment Final Report: Study Findings.


Doug Harcleroad, District Attorney, explained this is a presentation from Elaine Nugent, APRI, in Alexandria, Virginia.  He indicated he had been spending time in looking at case and workload analysis in the District Attorney’s office.


Elaine Nugent, APRI, said they deal with studies of emerging issues and they also do management and planning research.  She added that the area of work they do includes performance audit, strategic planning, performance measures and workload assessment.


Nugent explained that caseload (as they define it) is the amount of time needed to process cases. She added the workload represents the amount of time spent performing all work both case related and non-case related.  She said the attorneys who participated reported their time 24-hours a day, seven days per week if they were performing work on an Internet based system.  She found that during the seven-week period, 84% of the time was spent on case related activities and only 15% was spent on non-related case activity.  She said they generally see a 70/30 split.  She noted the attorneys in Lane County are spending more time on case related activities than on non-case related activities.

With regard to in court versus out of court time, Nugent noted that three quarters of the time is spent out of court preparing cases and only about 27% of time in court.  She added that was comparable across the country and other offices.  She noted there were 981 pre-trial dispositions so most cases are being disposed of before trial.


Nugent indicated the year value is important because it represents the amount of hours that an attorney is mandated to work in a year.  She noted there are the base hours of 2080 that is the normal eight-hour workday, minus 207 hours of annual leave, minus 72 hours of holiday leave, minus 15 hours of continuing legal education, giving a year value of 1,785 hours.


Nugent reported the number of cases per person in Lane County is comparable.  She noted there were variations with criminal homicide and felony assault and drug cases but it is comparable with what other prosecutors are handling across the country.  They projected the office needing 32.17 FTE attorneys to handle the workload.  She added that is about 7 FTE more than they currently have on staff.  She noted that nationally they know that the ratios of attorneys to other staff with criminal investigators are about 3.6 attorneys to every one investigator.  She added in Lane County based on the projected staffing needs, it would be 8.94 to everyone one investigator.  She said support staff it is almost a one to one ratio nationally and it is 29.25 to every one-support staff.


Sorenson asked what her recommendation was.


Nugent stated in order to provide effective criminal justice services and to serve justice in the County they believed the prosecutor’s office needs to be staffed sufficiently.  She also recommended that future staffing needs be considered on the basis of the formula developed under this project.  


With regard to the file note, Harcleroad commented that with this study, information is power.  He said they need reliable information. He suggested the information that Nugent provided was information that should be used.  He stated the District Attorney’s office is understaffed.  He suggested the file note would be different if Nugent had found the office was overstaffed.  He said it didn’t make sense to prosecute someone if there is no correction capacity.  He said it is important to hold offenders accountable even if they don’t have the perfect sentence. He stated they are not going to prosecute 1,000 drug cases meaning there is no accountability for the illegal behavior.  He disputed the file note.


Morrison asked what the cost was to do this study.


Harcleroad responded the cost was $16,279.


Dwyer requested a chart about the evolution of the system in terms of withdrawal of state support from mandated state services.  He commented the state continues to cut back and Lane County continues to supplant the state resources with the general fund.  He added further withdrawal from the states puts more pressure on Lane County.  He said the public safety system is broken. He wanted a matrix as to how this is financed.  Dwyer said Harcleroad was doing the best job he could with what he has.   


Sorenson wanted to see another study in another county in Oregon that has similar data to Lane County.


Green asked when the last time the District Attorney had a performance audit.


Harcleroad replied in 1985 the Board allocated $20,000 for their department to do a performance audit.  He said the recommendation was to go to a local area network and move into distributed systems.  He said he would be willing to have another performance audit performed as long as the County was willing to put up the money.  He said they need to define a work plan as to what the audit is going to be and they would need to pick an auditor.


Green encouraged Harcleroad to take this document to the state and AOC.  He asked that this be taken to Finance and Audit to be discussed.




a. REPORT/Public Health Rural Clinic's Update.  


Rob Rockstroh, Health and Human Services, reported there are not a lot of services in rural areas.  He said they reviewed the clinics and it cost more to run the clinics than they had estimated. He said they shifted money around in Public Health from family planning to communicable disease.  He noted most of the work they do in rural offices is around family planning.  He said if they don’t give notice to close some of the health clinics they would have to pay rent.  He noted he would come back with this for the Budget Committee.


Van Vactor thought that as a division, they wanted to give notice that they may be terminating a leasehold on June 30.


Rockstroh said if the Board agreed to that he would terminate the leasehold.


Sorenson asked what amount the Budget Committee would have to find to keep the clinics open.


Karen Gillette, Health and Human Services, said they have a rough estimate that in order to do all of them and the current services needed for this year, it would cost about $553,000 for all three. With regard to maintaining quality care and stability, she indicated they are stretched too thin to do the work they do in the branch offices.  She said in looking at the Strategic Plan and where the priorities are, family planning is their number two priority in their estimation.  She noted that one of the issues they have is that 40% of their clients are Spanish speaking only.


Morrison was in favor of moving forward.  She commented they should have done this last year.  She thought they spent the dollars this past year in a more effective way to have impacted the people in the rural areas.  She stated a lot of people from the rural areas utilized the public health services in Eugene instead of in their local community.  She wanted to give the notices to try to make it as smooth a transition as they can.


Dwyer was saddened by the closures.  He commented it is expensive and he didn’t know how they could increase the service with the budget picture. He hoped there could be a way to use the FQHC for providing services in the rural areas.


Rockstroh said his biggest fear for the FQHC is that it is not financially viable.  He said they built the budget on the basis they would have that money.  He said if they had people who had no ability to pay whatsoever, it would be a problem.  He stated they needed people with some ability to pay.


Gillette noted they were currently at minimal capacity in the rural areas.  She said they found they couldn’t staff enough people.  She said they were talking to medical providers about providing immunizations where they could get state vaccinations.  She added they have also been talking with medical providers about family planning.  She noted they were in Cottage Grove for one and a half days a week and their clinics are full.  She added in Oakridge they had already cut back and WIC was being affected.  She said every clinic is showing a decrease because they are not in the community and it would make an impact in the long run.


Hampton didn’t want to send the notice out yet.  He wanted time to work on this. He added when they do send the notice out; he wanted to be able to explain to the citizens what alternatives they have to get the services.


There was consensus not to send the notice out yet.








a. Announcements






a. ORDER 04-4-28-1/In the Matter of Allowing the Parks Division to Coordinate with Friends of Buford Park & Mt. Pisgah to Submit Grant Proposals and, if Awarded, to Accept Three Grants for the Purpose of South Meadow Habitat Enhancements in the South Meadow Area Within Howard Buford Recreation Area; and Delegating Authority to the County Administrator to Sign the Respective Grant Agreements.


Todd Winter, Parks, reported the Parks Division capital improvement budget is inadequate to meet all park improvement development enhancement needs, thus requiring the County to maximize funding through other sources.   He noted the Board of Commissioners on January 9, 2002 adopted the South Meadow Management Plan and authorized the Parks Division to collaborate with Friends of Buford Park and Mt. Pisgah to apply for grants to provide habitat enhancement to the South Meadow area of the Howard Buford Recreation Area.  He added the Board later in 2002 and in 2003 approved acceptance of two separate grants for this project from the Oregon Watershed Enhancement Board and the U.S. Fish and Wildlife Services and one from the National Oceanic Atmospheric Administration.  He noted they didn’t have the funding necessary to finish this enhancement project, so the new grants would fund phase 2 of the project from 2005-2006 under the auspices of the grant management services agreement.  He noted that Friends of Buford Park and Mt. Pisgah will seek $499,395 from the Oregon Watershed Enhancement Board; $40,000 from the National Oceanic Atmospheric Administration and $20,000 from the U.S. Fish and Wildlife Services to implement enhancements called for in the adopted South Meadow Management Plan.  He asked for the Board’s permission to submit the three grant proposals.


MOTION:  to approve ORDER 04-4-28-1.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


b. ORDER 04-4-28-2/In the Matter of Entering Into an Agreement For the Clean Up of Property Located at 80116 Hwy 99, Cottage Grove (20-03-09-02000), Payment of Lien, and Authorizing the County Administrator to Sign the Agreement.


Jeff Towery, Land Management, reported the property is the Saginaw Mobile Home Park,  that has been the subject of a long compliance action and litigation by Lane County.  He recalled they closed the park in November 2003 and since that time they have been maintaining security and incurred other costs associated with that closure.  He noted that Dan Kubler purchased the property on April 1 and they discussed an agreement to bring the area into compliance.  He said the order in front of the Board includes removal of the nuisance materials, ensuring there is no unpermitted activities or occupancy on the property and recovering a portion of their incurred costs.  He noted the fines and costs the County has incurred to date is $78,000 and Mr. Kubler agreed to pay 90%, to clean the property, acquire permits and operate a safe and clean mobile home park.  Towery indicated Kubler has started to clean up and the building permit review for the structure that was built without permit is scheduled and Mr. Kubler had signed the agreement.  He noted that Kubler will make payments to the County for $1,000 a month for two years, with a balance due at the end of that term.  He added that if he meets all of the other obligations of his contract,  the County has agreed not to issue any new fines in the interim period and will not collect the interest due on the liens and its expense so the balance due at the end of two years would be about $46,000.  He noted staff’s recommendation is that they authorize the board order.


MOTION:  to approve Option 1 of  ORDER 04-4-28-2.


Dwyer MOVED, Hampton SECONDED.


Kardell stated it would be their intent to take this agreement to the Court for approval as part of dissolution of the injunction that is currently on the park property.


Green asked that that be reflected in the motion.


VOTE: 5-0.


c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 11-04/In the Matter of Amending Chapter 16 of Lane Code to Revise the Rural Commercial Zone (RC, RCP) as Part of Periodic Review and to Amend the Floor Area Standard Outside Unincorporated Communities (LC 16.291) (Second Reading & Public Hearing: 5/12/04, 1:30 pm).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance 11-04.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 12-04/In the Matter of Amending Chapter 16 of Lane Code to Revise the Rural Industrial Zone (RI, RCP) and Rural Comprehensive Plan Amendment Provisions to Comply with Amendments to State Law Related to Industrial Development and to Industrial Zoning of Abandoned or Diminished Mill Sites (LC 16.292 and 16.400) (Second Reading & Public Hearing: May 12, 2004, 1:30 pm).


MOTION:  to move a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 12-04 on May 12, 2004, at 1:30 p.m.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.


e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 7-04/In the Matter of Amending Chapter 13 of Lane Code to Add Definitions Pertaining to Legal Lots and Property Line Adjustments and to Add a Legal Lot Verification Provision (LC 13.010 and 13.020) (Second Reading & Public Hearing: May 12, 2004, 1:30 pm).


MOTION:  to approve a First Reading and Setting a Second Reading and Public

Hearing on May 12, 2004, 1:30 p.m. for Ordinance No. 7-04.


Dwyer MOVED, Hampton SECONDED.


VOTE:  5-0.




A. Approval of Minutes:

June 17, 2003, Work Session, 3:00 p.m.

June 25, 2003, Regular Meeting, Following HACSA

June 25, 2003, Regular Meeting, 1:30 p.m.

April 7, 2004, Regular Meeting, 9:00 a.m.


B. Assessment and Taxation


1) ORDER 04-4-28-3/In the Matter of A Refund to Nichols Manufacturing, Inc. in the Amount of $30,467.23.


C. Health and Human Services


1) ORDER 04-4-28-4/In the Matter of Approving Exhibit A, the Lane County  Annual Health Plan for FY 2004-05.


2) ORDER 04-4-28-5/In the Matter of Accepting the Recommendation of the Mental Health Advisory Committee; Approving Exhibit A (2003-2005 Community Mental Health and Developmental Disabilities Program; Local Mental Health Authorities; and Local Mental Health Services Plan for Carryover Funds); and Authorizing the County Administrator to Sign the Plan.


D. Management Services


1) ORDER 04-4-28-6/In the Matter of Authorizing the County Administrator to Execute an Option to Purchase Agreement with Leo Lemke for the Sale of County Owned Real Property Identified as Map No. 16-25-28-00-02300 (Second Lot West of 45500 McKenzie Highway, Leaburg).


E. Public Safety


1) ORDER 04-4-28-7/In the Matter of Approving Amendment No. One (1) to Intergovernmental Agreement with City of Springfield for the Provision of Five (5) Jail Beds for Confinement of Springfield Municipal Court Prisoners in the Lane County Adult Corrections Facility.


2) ORDER 04-4-28-8/In the Matter of Approving Intergovernmental Agreement with City of Eugene for the Purchase of Supervision of Eugene Municipal Court Inmates to Accomplish Certain Maintenance Work in City Owned Land.


F. Public Works


1) ORDER 04-4-28-9/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Dust Abatement Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 2004 to September 15, 2004, Prospective Contract No. 04-M&S-50.


2) ORDER 04-4-28-10/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Material Needs During the Fiscal Year 2004/2005, Contract No. 04/05-M&S-51.


3) ORDER 04-4-28-11/In the Matter of Authorizing the Signing of a Replacement Quitclaim Deed Conveying Property Described as Map No. 16-04-28, Tax Lot 100 to Darwin White and Joyce White.


4) FINAL ORDER 04-4-28-12/In the Matter of Establishment of the Fairgrounds West Entrance Road as County Road, Being Located Within Section 31, Township 17 South, Range 3 West and Section 36, Township 17 South, Range 4 West of the Willamette Meridian (17-03-31) (17-04-36).


5) FINAL ORDER 04-4-28-13/In the Matter of Alteration of a Portion of Clear Lake Road (County Road No. 1174), Including the Intersection With Boy Scout Road (County Road No. 1116) From Highway 101, Easterly and Northerly to Jensen Lane, Being Located Within Sections 27, 26 and 23, Township 19 South, Range 12 West, of the Willamette Meridian.


6) RESOLUTION AND ORDER 04-4-28-14/In the Matter of Setting a Public Hearing on the Proposed Surrender of a Portion of West 10th Avenue, County Road Number 98, From Oaklea Drive, Easterly to Rose Street, to the City of Junction City (Public Hearing: June 9, 2004, 1:30 pm).


MOTION:  to approve the Consent Calendar.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. ORDER 04-4-28-15/In the Matter of Authorizing the County Administrator to Enter Into a Contract with Moss-Adams LLP for Professional Audit Services for an Initial Three-Year Period with Options to Renew.


MOTION:  to approve ORDER 04-4-28-15.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 04-4-28-16/In the Matter of Amending Chapter 4 of the Lane Manual to Add Interfund Loan Policies (LM 4.035 Through 4.040).


MOTION:  to approve ORDER 04-4-28-16.


Dwyer MOVED, Sorenson SECONDED.


Becky Koble, Management Services, reported this order would amend Chapter 4 and add interfund loan policies to the Lane Manual.  She added they were supporting new administrative procedures that have been developed related to this issue.  She noted that currently Lane County has no formal policies regarding the issuances of interfund loans.  She said these policies are part of a larger effort to develop more extensive financial policies for the County and revised investment policies and debt policies.  She noted this item was discussed at the March meeting of Finance and Audit Meeting and they recommended bringing this to the Board for approval.


Van Vactor noted there was a concern there would be an effort to use interfund loans to mask deficits.


Koble noted there was a concern that without any limits departments could get into situations where they wouldn’t reasonably be able to repay the loan and it might make them avoid addressing the root problem.  She indicated the discussion suggests the appropriate use of interfund loans would be to provide short-term financial resources for capital financial plans or short-term operation uses.  She stated this formalizes the expectations and terms to show ability to re-pay the loan.


Van Vactor noted that no County fund shall carry a deficit for more than six months.


VOTE: 5-0.








Hampton  announced that this weekend is the 51st Oakridge Tree Planting Festival.  He noted people in Coburg are going to do a balloon float so they can see how high the Coburg Power Plant is projected to be.


Green noted that yesterday he and Morrison participated in a principal for a day in the 4J school district.


Sorenson noted he also participated in principal for a day.


14. EXECUTIVE SESSION as per ORS 192.660


To take place after the meeting.






There being no further business, Commissioner Green recessed the meeting into Executive Session at  11:25 p.m.



Melissa Zimmer

Recording Secretary