BOARD OF COMMISSIONERS'

REGULAR MEETING

July 14, 2004

following HACSA

Commissioners' Conference Room

APPROVED 5/18/05

 

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.

 

1. ADJUSTMENTS TO THE AGENDA

 

Sorenson wanted to discuss the Ten Mile Creek letter.Item 11 a. was pulled.Green indicated they will read 9 b. and roll the item instead of deliberating.

 

2. PUBLIC COMMENTS

 

Laura Cole, Eugene, stated she spoke before.She called the Board of Commissioners to ask about the Meth Task Force.She asked who was in charge in getting funds for the Meth Task Force for Lane County.She noted the task force was funded with a federal grant.She read an article from Judge Velure.

 

Norm Maxwell, Lorane, commented there is lack of notification for some people on some issues from the Land Management Division.He wanted to see this rectified.He said this had to do with the implementation of the lot line adjustment and legal lot verification.

 

3. EMERGENCY BUSINESS

 

None.

 

4. COMMISSIONERS' REMONSTRANCE

 

Hampton gave a report on what they did at the Regional Investment Board.He said they did the process for distributing video lottery funds.He added there has to be a contract approved between OECDD and the Regional Investment Board.He said it was submitted on May 20 but hadnít moved anywhere.He noted there are 658 jobs ready to go, but until the contract between RIB and OECDD is approved, they wonít allot any of the money.He said if this isnít an efficient system, people will give up trying to use it to get economic development money or when the legislature reconvenes and they are asked for a report on what they have done, if they donít get the money they wonít be able to report on anything.

 

Morrison said they do get period reports from OECDD showing every region and how they stand with the signing of the contracts.She noted the actual number of jobs they are showing include some of them that had been hired.

 

Dwyer suggested drafting a letter to the head of the OECDD, copying the governor, about their concern on how efficient they are and where they rank and the concern that they canít implement the programs until the contracts are signed.He said they should sign the contract or tell them why it is not signed.

 

Sorenson thought they should have a four-week timeline so it comes back on the agenda and ask to have a meeting with the governor about this.

 

There was consensus to send the letter.

 

5. RESOLUTIONS

 

a. RESOLUTION AND ORDER 04-7-14-1/In the Matter of Recognizing Roy Settlemyerís Outstanding Service to the Citizens of Lane County.

 

Lynn Greenwood, Development Disabilities, read the resolution into the record.

 

MOTION: to approve RESOLUTION AND ORDER 04-7-14-1.

 

Green MOVED, Morrison SECONDED.

 

6. COMMISSIONERS' BUSINESS

 

a. Ten Mile Letter

 

Wilson explained she had a response back from Assessment and Taxation who spoke with Mike Running of the McKenzie River Trust.She understood that the owners of the property would not be seeking a property tax exemption.She said their intention is to file an application under the Wildlife Habitat Conservation and Management special assessment program so they could get a special assessment.

 

She said what they are looking for from the Board is a written resolution or letter of support.She said they will apply for grant type funding to help enhance their

conservation efforts on this property.

 

Sorenson noted the letter he distributed had an error in the last paragraph.He wanted to make a motion to approve the letter stating Lane County supports the efforts of McKenzie River Trust

 

MOTION: to approve sending a letter that Lane County supports the efforts of the McKenzie River Trust.

 

Sorenson MOVED, Dwyer SECONDED.

 

VOTE: 4-1 (Morrison dissenting).

 

7. COMMITTEE REPORTS

 

a. Legislative Committee

 

DISCUSSION/Community Corrections Options.

 

Tony Bieda, Intergovernmental Relations Manager, reported the last time they brought an update on community corrections to the Board was in May after the Emergency Board had acted in April to restore half of the funding for community corrections.He said at that time there was a commitment by the E-Board to look at restoring the rest of the funding before the end of this calendar year.He noted the restoration that was made by the Emergency Board in April was timing specific and it restored the funding for community corrections to a base amount through the end of December 2004.He added that leaves at risk the remaining two quarters of the biennium or the first two quarters of 2005.He said the timing for the legislature and the Emergency Board to revisit to restore the rest of the funding would be as early as September and no later than November.

 

In discussions with the legislative leadership, Bieda said the sense is they are supportive of the need to restore the funding. He said their request is that this time they not send an opt out letter and then rescind it.He added if Lane County sends an opt out letter, that it be based on full intention of giving back the population.He said Lane Countyís assumption has been because the notification window is 180 days, that giving notification would take the full 180 days to plan and go through the give back.

 

Sorenson asked if Lane County should set up its own nine-month process to make a decision to decide whether to opt out. He thought they could give notice July 1 so the transition matches with the budget.

 

Jan Clements, Sheriff, commented they donít know the fiscal contention and there is no guaranty they could accelerate this faster than 180 days.He suggested staying the course and continue to assert what is necessary.He said that the state would continue to chronically under-fund these activities.He noted they are funding the DOMC in part with some of those activities and they are trying to do a job that the legislature originally signed onto.He thought their evaluation should be ongoing.

 

Linda Eaton, Parole and Probation, stated she didnít know how much more they would know by October 1 than they know now.She was concerned about what they would have to live with the following two years.

 

Dwyer commented that they needed to do an analysis.He said they have to see the pluses and minuses for the potential give back.He wanted to know the bottom line.He said they are doing the stateís work and not getting the money.He said they need to know the trade offs if they give this back.

 

Morrison said they need to know what the costs are going to be.

 

Clements indicated he didnít think there was any accommodation for more expensive counties versus the high cost.He said it is a flat line with costHe said part of the issue is how they try to use some of the dollars to subsidize ongoing operations.He thought they should approach either one or multiple tipping points where they go below a certain level, then it is disadvantageous to the County, then they send it back.He suggested committing to the analysis that adds onto the legal analysis that was already done.

 

Dwyer suggested that the Board needed a work session in October.He said it needs to be done graphically to show them where they are and where the tipping points are.He thought there might be ways of not opting out but possible ways of improving where they are and how they are going to deliver the next budget if they decide to stay in.

 

Green was more interested with the true cost of services, not something that is based upon a formula that benefits some counties on the east side of Oregon.He added there are also medical costs that go beyond what is budgeted.

 

8. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

9. PUBLIC WORKS

 

a. ORDER 04-7-14-2/In the Matter of Certification of Final Assessments for Improvements to Irvington Drive (County Road Number 540) Between Mile Post 0.00 and Mile Post 1.47 and Setting Lien Value Against Property Identified as Map 17-04-03-40, Tax Lot 3313.

 

Sonny Chickering, Public Works, recalled the Board had a public hearing on setting the assessments for the abutting properties.He noted following the June 2 public hearing, the Board went ahead and set liens on all properties except for the property owned by Mr. Marty.He said that staff was directed to go back and assess the cost of constructing a driveway.He indicated there was a decision made at the time of the project development to not install a driveway on the side of Mr. Martyís lotHe had been using an access there through his fence for boats and other equipment getting into his backyard.He said through the access management policies, they elected not to allow that driveway to remain at the time of construction.He noted at the hearing Mr. Marty objected to that request of the board.He said they got initial direction from the Board that they were interested in having the driveway placed.He said they investigated the cost of doing that.He said because the contract is not closed out, they must work with the contractor for the Irvington project and their estimate for putting in the driveway is $5,283 because they have to bring out all the equipment.

 

Chickering explained there are three options.One option is to reconsider putting in the driveway and certify the final assessment as originally proposed.Option two would install the driveway and set the final assessment as originally proposed.He said there would be no additional charge to Mr. Marty, giving the original amount that covered sidewalk only and not driveway.He said the third option would be to install the driveway and adjust Mr. Martyís assessment up slightly so he pays the same square footage rate that all other property owners along the road pay for their driveways.

 

MOTION: to move Exhibit B of ORDER 04-7-14-2.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 3-2 (Green, Morrison dissenting).

 

b. FOURTH READING AND DELIBERATION/Ordinance PA 1190/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land To "Commercial", and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway).(NBA & PM 8/27/03, 9/10/03 & 1/14/04)

 

MOTION: to approve a Fourth Reading and Setting a Fifth Reading and Deliberation on January 12, 2005.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

10. CONSENT CALENDAR

 

A. Approval of Minutes: April 14, 2004, Regular Meeting 1:30 p.m.

June 2, 2004, Regular Meeting, 1:30 p.m.

 

B. Children and Families

 

1) RESOLUTIONAND ORDER 04-7-14-3/In the Matter of Delegating Authority to the County Administrative Officer to Execute an Amendment to the Intergovernmental Agreement with the Lane Educational Service District in the Amount of $50,000 and Extending the Contract Through June 30, 2005.

 

C. Health and Human Services

 

1) ORDER 04-7-14-4/In the Matter of Increasing a Mental Health Supervisor Position from .80 FTE to 1.0 FTE; Increasing One Mental Health Specialist Position from.65 FTE to 1.0 FTE and One Mental Health Specialist from .90 FTE to 1.0 FTE Effective July 1, 2004.

 

2) ORDER 04-7-14-5/In the Matter of Approving the Submission of a Continuum of Care Grant Application to the U.S. Department of Housing and Urban Development (HUD) in the Amount of $1,765,545 for the Period of January 1, 2005 Through December 31, 2006.

 

D. Public Works

 

1) ORDER 04-7-14-6/In the Matter of Certification of Final Assessments for Improvements to River Road (County Road Number 200) Between Mile Post 7.747 and Mile Post 7.366 and Setting a Lien Value Against Property Identified as Map 16-04-35-30 Tax Lot 1302. (NBA & PM 1/7/04, 2/4/04 & 3/10/04)

 

2) ORDER 04-7-14-7/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Battle Creek Road (County Road No. 455) (18-05-32).

 

MOTION: to approve the Consent Calendar.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

11. MANAGEMENT SERVICES

 

a. ORDER 04-7-14-8/In the Matter of Amending Chapter 4 of the Lane Manual to Update Investment Policies (LM 4.015 through 4.020).

 

PULLED.

 

12. CORRESPONDENCE TO THE BOARD

 

None.

 

13. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

 

14. EXECUTIVE SESSION as per ORS 192.660

 

To take place in the afternoon.

 

15. OTHER BUSINESS

 

None.

 

There being no further business, Commission Green recessed the meeting at 12:00 p.m.

 

Melissa Zimmer

Recording Secretary