BOARD OF COMMISSIONERS'
December 1, 2004
Commissioners' Conference Room
Commissioner Bobby Green, Sr., presided with Commissioner Bill Dwyer, Don Hampton and Anna Morrison present† Peter Sorenson was present via telephone.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Green noted that item 8 b. was added to the agenda.
2. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 04-12-1-1/In the Matter of Adopting the FY 2004-2005 Supplemental Budget #1 Making, Reducing and Transferring Appropriations.
Dave Garnick, Senior Budget Analyst, explained this was Supplemental Budget #1 for Fiscal Year 04/05.† He noted it was large because they have to adjust all the cash balances.† He added the budget was advertised as required by State Budget Law.† He noted The Register Guard published it on November 26.† He said because they have a number of funds that have changes greater than 10%, they have to have a public hearing.† He said that Attachment A explains all the changes and Attachment† B contains a list of contracts. (Copy in file). He said the Board of Commissioners (within local budget law) can make changes up to $5,000 or ten percent, whichever is greater.
Commissioner Green opened up the Public Hearing.† There being no one signed up to speak, he closed the Public Hearing.
MOTION: to approve ORDER 04-12-1-1.
Dwyer MOVED, Morrison SECONDED.
3. PUBLIC COMMENTS †
Janet Calvert, League of Women Voters, 1062 Woodside Dr., Eugene, said they have a concern about Measure 37 implementation.† She stated that Oregon has the reputation of an open government state where citizens expect they will be informed when the regulations affect them.† She said in preparing Lane Countyís plan for Measure 37, they urged the Board to consider the importance of keeping the compensation process or the deliberations as open to citizen involvement as possible.† She said the League of Women Voters believes that local government could best accomplish the open process by involving the public up front in the implementation planning, and developing a claims procedure that involves public notice and review, providing an opportunity for testimony by interested parties and establishing means of legal recourse such as appeals.† She indicated that Measure 37 stipulated that compensation claims are not subject to provisions for notice and appeal.† She said it is vital that this key component of land use decisions be maintained in the interest of transparency and fairness.
Van Vactor noted they do have a notice requirement to adjoining land owners that any time that the result for the process is either to recommend waiver or to grant compensation, it would all be a public process involving the Board of Commissioners.† He noted the issue of appeals is subject to the language of Ballot Measure 37 and they will have to see how the legislature deals with the issue.
Leann Walker, 2860 Federal Way, spoke in opposition to Santa Clara parks.† She said she is opposed to the traffic issue.† She said if they agreed to the land swap and they did the building of the houses, the traffic in the River Road area would be a nightmare.
Elaine Vidal, 3510 Byron St., Eugene,† is also opposed to the McDougal land swap which she said is being offered to the people of Santa Clara as a park project, but is a large housing development with the promise of a park.† She said there would be a loss of livability in Santa Clara.† She stated this proposal sidesteps the rules and the timeline that are in place for expanding the urban growth boundary.† She said the project would open up almost 200 acres of prime farmland for development years ahead of schedule.† She asked what the hurry was.† She said it is a win for the City of Eugene and it is a win for the developer who gets to build on the farmland without waiting for the UGB to change.† She commented the losers are the citizens of Santa Clara who are already absorbing the new development in the area.† She thought this project would set a dangerous precedent of changing the UGB a piece at a time for individual developers.† She thought it was a good idea to insist that the UGB rules and timelines be followed.
4. EMERGENCY BUSINESS
5. COMMISSIONERS' REMONSTRANCE
6. COMMISSIONERS' BUSINESS
a. REPORT/Extension Service.
Charlotte Riersgard, Extension Service,† gave a report on the Extension Service activities. (Copy in file).† She brought a cake and pickled zucchini for the Board.
b. DISCUSSION/Fair Board Appointment Process. †
Green indicated that according to statute they need to make the appointment by the first working day of the next year.†† He received a letter from Tom Hunton, president of the Fair Board.† Hunton said they have gone through their process. Green noted that the Board of Commissioners makes the final determination.† He said they could accept the recommendation from the Fair Board or they could get a list of all the applicants and have a special process for the Board.
MOTION: to move approval of the recommendation of Steven Ward.
Dwyer MOVED, Morrison SECONDED.
Wilson said they would put together a board order for the first meeting in January on the Consent Calendar.
7. COUNTY ADMINISTRATION
Van Vactor announced that tomorrow the Performance Counts Conference takes place at Lane Community College.
8. PUBLIC WORKS
a. ORDER 04-12-1-2/In the Matter of Appointing New Members and Re-Appointing Two Members to the Lane County Planning Commission. †
Green said they had a process in making the recommendation to the Board.† He stated that he and Morrison interviewed four candidates.† He said the recommendation for re-appointment is for Mark Hebert and Jim Carmichael who were serving terms for other people who had resigned.† He said their recommendation is that they reappoint Mark Herbert to a second term and Jim Carmichael to his first full term.† He noted there were two vacancies and Christopher Courtney and Jay Bosevich were recommended.† He noted there were minutes of the interviews.† He indicated that Philip Hudspeth who had applied was their selection, but the City of Eugene chose him for their Planning Commission.† Green said it is their recommendation to approve Christopher Courtney and Jay Bosevich.
Dwyer did not agree with any of the recommendations.
MOTION: to move approval of Pauline Rughani, Jim Carmichael, Josef Zdzienicki and Lisa Arkin on the proposed order.† Sorenson said Rughani would be in place of Herbert; Carmichael is reappointed, Zdzienicki appointed for the term of finishing Martorelloís term and Lisa Arkin to be appointed to finish the term of Clemmow.
Sorenson MOVED, Hampton SECONDED.
Green asked what the rationale was for appointing these people without going through an interview process.
Sorenson said Herbert, Bosevich, Fleck and Fleenor were among the candidates that applied for the Planning Commission.† He noted that many of them had either run for County Commissioner for other public offices.† He said taking off Herbert and Bosevich from the recommendations because of their interest in elected office would be his rationale for narrowing the list.† He noted that the committee previously interviewed Ms. Rughani last year and she had been on the Lane County Planning Commission.† He added she had to get off while she was ill but she has recovered.† He said the rationale for appointing Rughani is that she has had previous experience.† With regard to Zdzienicki, he has attended all of the Lane County Planning Commission meetings for the last two years and is acquainted with the work of the commission.† He said Lisa Arkin would be appointed for the shortest period and is a bright person and has testified before the Board several times.† He thought Carmichael was doing a good job on the commission.
Green didnít accept Sorensonís rationale and would not support the motion.† He would support Carmichael but the not the rest of his slate of candidates.
VOTE: 3-2 (Green, Morrison dissenting).
Concerning Pauline Rughani, Morrison commented that she wanted attendance requirements to be met.† She noted that Rughani rarely attended when she was on the commission before and didnít look at things from an unbiased perspective.† She noted it was an issue at one point for the Planning Commission where they were trying to have people step down due to their attendance.† She wanted that rule to be adhered to. †
b. ORDER 04-12-1-13/In the Matter of Amending Lane Manual Chapter 60 to Revise Fees for Legal Lot Determinations (LM 60.851).
Kent Howe, Land Management, recalled in June the Board adopted an ordinance that amends the code to require them to send notice on legal lot determination that involves a property line adjustment.† He said they had gone to Finance and Audit a number of times.† He noted what is proposed is a tiered approach.† He explained if there are zero to five deeds involved in a legal lot determination, there is a $425 fee.† For six to ten deeds the fee would be $800 and eleven or† more deeds would be $1,100.
Morrison said she would support this but the recommendation from Finance and Audit was to monitor how much staff time is being spent.† She noted a discrepancy in the FTE hours to do this.
MOTION: to approve ORDER 04-12-1-13.
Dwyer MOVED, Hampton SECONDED.
9. CONSENT CALENDAR
A. Approval of Minutes:
March 31, 2004, Joint Fair Board Meeting, 12:00 p.m.
October 20, 2004, Regular Meeting, 9:00 a.m.
October 28, 2004, Work Session, 6:15 p.m.
October 28, 2004, Public Hearing, 7:00 p.m.
November 9, 2004, Joint BCC/Planning Commission, 5:30 p.m.
B. Management Services
1) ORDER 04-12-1-3/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Mary Eva Hughes, Former Owner of Record (Map #17-04-17-43-01200, 2145 Minnesota, Eugene)
2) ORDER 04-12-1-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Freddie Randle Mentze (Map #17-02-17-00-01319, Adjacent to 89363 Hill Road, Springfield)
3) ORDER 04-12-1-5/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Roseburg Resources Co. (Map #20-06-00-00-03500, Located Southeast of Alma in Unpopulated Forest Lands).
C. Public Works
1) ORDER 04-12-1-6/In the Matter of Classifying Certain Park Roads Within the Leased Corps of Engineers Park at Perkins Peninsula as Public Roads Being Located in Sections 27, 28, 33, and 34, Township 17 South, Range 5 West of the Willamette Meridian.
2) ORDER 04-12-1-7/In the Matter of Classifying Certain Park Roads Within Richardson Park, a Leased Corps of Engineers Park, as Public Roads Being Located in Section 5, Township 17 South, Range 5 West of the Willamette Meridian.
3) ORDER 04-12-1-8/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Fir Grove Lane (17-06-24).
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Hampton SECONDED.
10. COUNTY COUNSEL
a. DISCUSSION/Policy Direction Only Relating to Lane County's Public Contracting Rules.
Trina Laidlaw, Assistant County Counsel, reported that before the 2003 Oregon Legislature the Speaker of the House appointed an interim community on public contracting to work as a whole public contracting process.† She said stakeholders met for two years and they were all part of redrafting the law.† She said as a result of the law, Lane County decided to form four different task forces.† She noted one task force has been discussing some of the issues in the new law and wanted direction on some of the changes that affect dollars and limits.† She noted the items listed in the agenda cover memo include the five main points (page 2 under analysis, copy in file).† She said they went to the Finance and Audit Committee meeting with this yesterday.
With regard to page 2, numbers 1 and 4, Laidlaw talked about increasing the quote limit.† The request from the task force was to either consider the quote limits that are now $50,000 to increase them to $100,000 for everything except bridges and highway work.† She noted there was another alternative to go as high as $150,000, which is what the statute would permit them to reach.† She indicated they are not required to make any change but the department and task force thought it would be okay to go up to the $100,000.† She noted that Finance and Audit had discussed that and were concerned about including a protest process for those contracts between $50,000 and $100,000 if the Board wanted to go as high as $100,000.† She said that meant having a process where the vendors could come back to the Board and protest if they disagreed about something that the departments had done in the quote process.† She added the quote process would be required to be a written quote process so they could have the criteria down on paper.
Dwyer commented that the law the legislators passed was permissive, it is not required.† He said if it isnít broken, it shouldnít be fixed.† He said they represent the people, not the county.† He said they are the guardians of the public purse and they have to make sure there is a fair, legitimate process and a reason for doing something that has worked well for years and change it because the legislature had decided to allow them to raise the limit. He said he would scrap the whole project.† He noted that Van Vactor made the recommendations about what they should do to balance the discretion.† †
With regard to the four main points that are on the list, Morrison noted that one and four are tied together.† She said if they raise the limit from $50,000 to $100,000, she would agree.† She wanted a process in place where there is criteria on how the selection takes place.† She said if they are going to increase it to the $100,000, they have to have something in place that would assure them the process is open and clean and there are no problems.
Greenís concern was not having a tool to ensure the publicís perception that there is a measurement that the process was transparent.† He noted the reality is someone could make a claim they were discriminated against.
Dwyer noted when the board order comes back to the Board it will include the appeal process.
Karen Gaffney, Health and Human Services, explained from a department prospective, that the protest process makes sense.† She said they are trying to balance from an administrative perspective that there are concerns in the community about how long it takes for them to get money out for services.† She thought the consumers, customers, clients and vendors win when there is a process.
Ollie Snowden, Public Works, wasnít sure what Finance and Audit did for number 5.† He said there was an option that relates to engineers and architects. He said page 7 of the memo contains an alternative that would allow the County to make a direct appointment of engineers and architects for contract services up to $25,000.† He said it is important to them because they canít select an architect or engineer based solely on price.† He added the statute prohibits them from doing that.† He said they have to go through a qualification based selection.† He said if they had a contract of more than $10,000, they have to go out for a full RFP and the consultants and architects have to respond with a proposal and that is a lot of expense for them to prepare a proposal for a small amount.† He wanted to have authority for architects and engineers to go to $25,000 on direct selection.
Dwyer commented that as it relates to the design of bridges and highways he didnít have objection to the $25,000.† He didnít agree with it relating to professional services for design outside of the road department.
Green concurred with Dwyer.† He noted that Snowden was limited as it relates to roads.
Laidlaw noted it had to be subject to what the law requires.
Morrison and Sorenson concurred.
b. ORDER 04-12-1-9/In the Matter of Acceptance of Certificate of Election, Proclamation of Results and Creation of the Lane Library District.
Wilson recalled the Lane Library District was successful in forming a district.† She noted the corrected order before the Board proclaims those results and declares the first members of the district board.† She said the board members would take office as soon as they take the oath after the Board had proclaimed the results.
Dwyer asked how they could change the boundaries.
Wilson responded they could enact or withdraw through a variety of annexation processes or withdrawal of territory process and they would apply that through the Boundary Commission.† †
Dwyer hoped the library board would start a process to rectify what he thought was a mistake (including forestlands) because of the cost of ascertaining a boundary for the election process.
MOTION:† to approve ORDER 04-12-1-9.
Hampton MOVED, Sorenson SECONDED.
11. HEALTH AND HUMAN SERVICES
a. ORDER 04-12-1-10/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840 Effective December 1, 2004.
MOTION:† to approve ORDER 04-12-1-10.
Dwyer MOVED, Morrison SECONDED.
Dwyer noted this came to Finance and Audit.† He indicated there were many services they couldnít charge for because they are not in the manual.† He said they added things that are subject to medical reimbursement.
Morrison said they discussed having a report from the advisory group in March about where they are with revenue and expenses and how they are with the budget.† She said they found out there is a seven-month lag time in the billing and when they get the money.
12. MANAGEMENT SERVICES
a. ORDER 04-12-1-11/In the Matter of Ratifying the Tentative Agreement Between the County and American Federation of State, County, and Municipal Employees (AFSCME), Local 2831, General and Nurses Units, for Wage and Benefit Changes for the Period of July 1, 2004-June 30, 2005.
MOTION:† to approve ORDER 04-12-1-11.
Dwyer MOVED, Hampton SECONDED.
VOTE: 4-1 (Morrison dissenting).
13. COMMISSIONERS' BUSINESS
a. DISCUSSION/Evaluation of County Counsel. †
Hampton commented that the form was too detailed and it discouraged people from filling it out.† He thought in the future they should list areas of work that needed to be commented on. He thought Wilson did an excellent job with employees, the Board and the public.
Dwyer commented that Wilson has always been accessible.† He thought she supervised her attorneys well.† He didnít find anything Wilson did unsatisfactory.
Sorenson stated that Wilson is respectful and organized.† He appreciated how accessible she is to the Board.† He suggested that she not attend as many meetings and spend more time doing her work.† He thought it might increase the productivity in the office.
Morrison echoed what had been said.† She acknowledged the work that went into the Junction City Park District.† With regard to the succession plan, she was concerned because of the institutional knowledge and bringing someone else up to speed would be difficult.† She hoped there was a plan in process.
Green gave Wilson an overall rate of nine: exceptional.† He added the average rating from the reviews was nine. †
Van Vactor noted that Wilson has a contract and she could discuss in agenda setting whether she wanted to extend it or not.† He said they could put something on the agenda for December 15, 2004.
Wilson appreciated the favorable comments.† She stated that credit goes to her fine staff she has in County Counsel and throughout the organization.
14. CORRESPONDENCE TO THE BOARD
With regard to the AOC product tasting, Green stated they have thank you letters to send to CVALCO.† Morrison noted that Cliff Wooten from Linn County is the one who had the contact in Tualatin so they could be there.† Green wanted to send certificates of appreciation.
Green had a copy of a letter directing Peter Thurston to send a letter to the satellite companies. †
15. COMMISSIONERS' ANNOUNCEMENTS
Dwyer said on December 14 they were donating $2,500 to Safeway for turkeys and Safeway will match for a total of 592 turkeys.† He stated that 20% of the turkeys will go to Florence and the rest will be at the Safeway on 18th and Oak Street at 10:30 a.m. and they will load up the turkeys for Food for Lane County.† †
Green noted they would be inspecting the Cottage Grove Jail next week..
Hampton reported it was a big weekend for festivals and tree lightings in his district.
Morrison reported that Thursday is the Veneta tree lighting and parade.† She added that Junction City is having their parade on Friday.† She announced that she would be a judge for the Springfield parade. ††
16. EXECUTIVE SESSION as per ORS 192.660
17. OTHER BUSINESS
There being no further business, Commissioner Green recessed the meeting at 11:30 a.m. .