June 16, 2004

Following HACSA Meeting

Commissioners Conference Room

APPROVED 3/16/05


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.




A letter from Oceanwoods Property will be added as Correspondence to the Board.




a. PUBLIC HEARING AND ORDER 04-6-16-1/In the Matter of Adopting the 2004-2005 Lane County Budget, Making Appropriations and Levying Taxes.


Commissioner Morrison opened up the Public Hearing.


Jack Dresser stated he is a member on the Board of Directors of Prevention Recovery Northwest and is a research scientist at the Oregon Research Institute.He said he had been appointed by the Board to be its spokesman for the agency regarding an appeal of an RFP process that was concluded.He noted in April the Department of Health and Human Services issued an RFP for distribution of indigent client funds to support outpatient alcohol and drug treatment.He said the proposals were submitted in early May and the funding recommendations were made on May 20.†† He said six agencies received passing scores, but his agency was the only one that received a passing score that was unfunded.He added another agency with identical scores received 100% funding of the slots requested. He said they are appealing the funding recommendations and challenging the process through which the recommendations were made.†† He requested that a budget note be attached to the budget diverting outpatient drug and alcohol indigent services funds into a contingency fund, committed to the same purpose but pending Board approval of their distribution following review of their appeal. He asked that they delete the authority of the County Administrator until their appeal has been considered and resolved.He distributed the summary of the appeal. (Copy in file.)


Morrison asked if they appealed this before the deadline.


Dresser responded that they didnít make the deadline.He commented they thought the appeal process included in the Lane Manual was unrealistic and inappropriate and discouraging to appellants.


Sorenson asked why his appeal was not timely.


Dresser commented that Lane Manual is unclear about this.He said it doesnít have the authority that the Lane Charter does.He thought the description for the process for appeal is completely inappropriate.He didnít think one week was enough time to do an appellant brief.He added the grounds for appealing were limited.


Dwyer noted what Dresser wanted to propose was to escrow the money pending an appeal.He asked how that was done. He asked if doing that had any impact on the people who were expecting the award.


Wilson said it would halt the processing of the contracts and the delivery of service to the people involved.


Dresser indicated he went through the other agencies and they had multiple streams of revenue coming from the County.He thought this would be included in that one revenue stream that is indicated as addiction service treatment or counseling.He noted, in each case, the amounts recommended in their contracts for those services exceeded the amounts that would be recommended under this process.


Wilson suggested having Rob Rockstroh, Health and Human Services, address that question


Green asked what they could do so the other budget process wouldnít be stalled.


Garnick said they could go ahead and approve the budget without those agencies listed and they could be added back as a technical adjustment before the end of the fiscal year.


Sorenson wanted to wait until the budget presentation.


There being no one else signed up to speak, Commissioner Green closed the Public Hearing.


Garnick indicated they had reviewed all of the technical adjustments at last weekís work session but there were two items that had come up since then.One was from Jeff Towery, Land Management, for a Land Management tech position and a letter from Breaking the Cycle Grant where the money was overstated by $1,000.He requested that additional adjustment.He said that would have to be amended in the board order.He indicated the amount for Youth Services should be $9,231,617.


Sorenson asked how they could pull off the contracts from Attachment B, except for the contracts pending review.


Garnick suggested making a motion to approve the order as written, excluding the items listed pertaining to addiction treatment services.


MOTION:to move to amend Attachment B.


Sorenson MOVED, Dwyer SECONDED.


Rockstroh stated it is very clear that the RFP states the limit is five days.He said Dresser stated he acknowledged he missed the appeal process.Rockstroh thought they lost it fair.He said it is a competitive process and they were the lowest scoring organization.He said it is frustrating and it gets expensive for them and a waste of taxpayer money to have a process written in Lane Manual, to have someone who is weighted.†† He thought it was a mistake to take things out of the pre-designed appeal process that is clearly stated in the RFP and Lane Manual because someone lost.He said he doesnít read the RFP or score them.He said they had already had a process where the timeline was missed.


Green thought that Health and Human Services runs a clean process.He thinks they should approve the budget.He didnít think Dresserís case was persuasive.


Rockstroh indicated the awards were: Center of Family Development, $106,000; Aces, $127,000; Looking Glass, $76,000; and White Bird, $127,000 of which $102,000 is in the process.


VOTE: 1-4 (Dwyer, Morrison, Green, and Hampton dissenting). MOTION FAILED.


Dwyer asked about the $100 million the state had to restore Public Safety monies.


Rockstroh explained there is a pool of money for the Department of Corrections that goes to the Sheriffís Office and Parole and Probation.He said they are not supposed to backfill cuts in the general fund.He said it is for the whole system.He noted that the state would look at this again after the fire season is over.


Tony Bieda, Intergovernmental Relations Manager, said they would say to the legislature and the Emergency Board that if the money for the remaining six months of the next fiscal year is not restored, they have contingencies in place to deal with the lack of restoration.


Dwyer didnít want to preclude any possible options they might have.He was not opposed to giving the Sheriffís Department the money, but he wanted to use the money for leverage.He wanted to memorialize this to get as much leverage as they could.


Rockstroh indicated it was a temporary fix.


Morrison noted they had already put the state on notice regarding SB 1145, that they are going to give it back.


Jan Clements, Sheriff, said the money is a combination of $250,000 that was in contingency, and the other $750,000 they concluded was in jeopardy, but he indicated the Measure 30 disappropriation was not as bad as previously thought and they were earmarking a higher level for the rest of the calendaryear.He didnít think there would be a problem with the money for a year.


With regard to the rural health clinics, Rockstroh indicated that things didnít work to the level they would like.


Karen Gillette, Health and Human Services, reported they scripted out each clinic area.She noted in Florence they have immunizations.She said that Planned Parenthood is considering being out in the community.With regard to Cottage Grove, she said they have had two meetings with the community and Planned Parenthood attended and talked about some options.She said they discussed WIC services, that there had been free space opened up in Florence, and they had been offered free space in Cottage Grove.†† She noted with Cottage Grove a bid has been put out for a medical provider to provide immunizations.She said in Oakridge they are talking with LIPA as there are some concerns that OHP clients should be providedimmunizations.


Betsy Meredith, Health and Human Services, reported that family planning services are not part of the mandated services for Oregon Health Plan.She said the discussions with LIPA are ongoing.She noted that LIPA was still committed to providers providing mandated OHP services.†† She added the majority of clients that public health serves in the Oakridge area for immunizations are on open health plans.


Rockstroh indicated if they couldnít move out of the clinics, that there is a cost every month.He said the maximum costs would be $31,000 for two months.He said if they chose not to close them it would go to the reserve the Board set aside.He added there would be less money available for next year.


Hampton asked where they were with family planning in Oakridge.


Meredith replied the three providers are concerned about being able to address the amount of funds that are available through FPEP.She wanted continued discussions with them because they donít have a complete understanding on what FPEP would provide.She noted the Lakeside Clinic in Dexter was already a delegate.She noted they were interested in becoming a Lane County FPEP provider that would make services available on a regular basis.


Green asked if the funding for the plan would remain in the general fund.


Rockstroh recalled that it is not in the general fund; it is in a reserve.


Towery reported the proposal is to add one FTE, a Land Management technician, to their compliance program.He said the expired permit revue is $50,000 per year and another source to add stability is an additional contribution from the Waste Management Division of $10,000 per year to fund the personnel, materials and services cost for the one FTE.He noted .5 FTE would be consumed by following up on the expired permits and the other half will be supplementing other compliance activities.


Green asked Towery to track this and report back in 90 days to see how well it is working.


Dwyer thought it was important to have a system that allows them to have a surcharge on each dump fee dedicated to clean up the rest of the county.He said they need to discuss how they are going to fund the mechanism coming from the trash and not the general fund.


Sorenson also favored the proposal to add the FTE.He recommended last year that they combine Land Management and Waste Management into a single division because it would help the organization chart and eliminate a division manager position that would save money.He thought they could try to recover some of the costs from the landowners by putting the liens on their property.He wanted to reorganize the two departments under one manager and amend the ordinance and Lane Manual provisions that limit use of Waste Management fund dollars for clean-up.He wanted to vote on this today and have the agenda team set up a time to talk with Public Works to discuss the pros and cons of combining departments.


Morrison requested when they have the conversation about combining departments, to include discussion on selling of properties that have gone through on exemptions.She commented that when land sells, the new owner is not aware there are exemptions or restrictions on the property.She asked how they would enforce that with the new owner.


Hampton commented when they are out of compliance, this results in crime and neighborhood problems that are the most expensive ones to deal with.He suggested working at the lowest level to get these cleaned up, thus eliminating more expensive ways later.


Dwyer thought that whatever they require should be recorded as part of the deed so when they do a title search, there is an understanding that there is no way to mislead someone about what it is they could do.He was in agreement that the agenda team needed to have a broader discussion with a policy and funding source for reorganizing.


MOTION:to move to approve ORDER 04-6-16-1 with the two technical adjustments.


Dwyer MOVED, Hampton SECONDED.


Sorenson commented this was a bad budget because of choices they had to make.†† He supported the budget because he said they did the best they could.


Morrison did not support the budget.She didnít think they made the tough decisions they could have.She thought there would have been more stability if they had gone with a two-year budget instead of a one-year.She thought things would be worse next year.She wasnít comfortable with the way they made the decisions they did with services they are going to provide.


Green commented this was not the budget he hoped they would have developed.He said it is a budget they are required to produce by law.He thought they missed an opportunity to get a revenue measure.He said they need to find a way to get the Sheriffís Department off the general fund because 70% of the budget is public safety and they are also obligated to provide jail services and other services as it relates to public safety.He said they need to look into a public safety special service district.He said this was the best job they could do under the current circumstances.He thought they should have taken the two-year budget.His goal was to provide an interim process to help them identify what it is they should be doing in Lane County.


VOTE: 4-1 (Morrison dissenting).




Jack Dresser stated he is a rural resident.He said there are six priorities listed for addiction service resources.He said one was to provide services in rural areas.He noted of 24 rural slots requested for their services and Aces Services, zero were funded.He said a second priority is protecting the continuum of care and stabilizing the treatment system.He thought this violated the stated priority of the County to preserve continuity of care.He added the process violated three of the six priorities that were established.He noted that three minority spots were given to Aces but they had not submitted a proposal for minority treatment.He disputed Rockstroh's statement that they lost.He asked the Board to find a supplementary budget mechanism to address and correct the inequity to provide them some continuity.


Gary Scherer, Eastern Lane County, recommended retaining the existing non-commercial kennel license classification that is already in the code.He wanted to increase the existing single flat rate fee of $25, covering altered and unaltered dogs.He said the fee increase represented a 300% to 500% increase that should cover the processing costs.He noted one fee was a 980% increase and more than a commercial breeding license.He suggested keeping the commercial license fee less than a commercial kennel and less than a commercial breeding kennel.He asked the Board that they return the ordinance for review and revision with a low-income fee instead of a 65 plus license fee.


Debbie Barry, Dexter, asked the Board to consider the creation of an additional dog license category for the multiple dog owners whose hobby is an accessory use to their residence than to rework the definition of the existing non-commercial kennel license.She asked the Board to recognize their existence and to help promote the responsible, ethical and knowledgeable dog owners in the county by giving them their own definition of the fee schedule.


Tom Burton, Pleasant Hill, stated he listened to the concerns of the task force and the Board.He said that dog fanciers were not able to communicate who they are and what they stand for and how they want to help solve the animal welfare concerns in Lane County.He said they are a resource that has been ignored in the process with no dog fanciers represented on the task force despite their petition to be included in the process.He wanted to be able to help solve the problems.


Al Philips, Eugene, said if they have 339 or 558 non-commercial kennels, it shows they have a constituency that is responsible. He suggested having a seminar of first aid and traveling tips as an added incentive.He thought if they were to give an owner the opportunity that once a dog becomes a senior citizen, that dog could be cheaper for licensing.He said if LCARA were to notify owners with pictures of dogs in the paper, it would be free PR for LCARA and it makes the public feel good.He thought they needed to look at definitions and no prohibitions on breeding or selling for the new hobby kennel and re-define a commercial breeding kennel.


Scott Bartlett, Eugene, said what they faced in the task force were people who called themselves non-commercial kennels or hobby breeders having up toeight dogs.He said some people have sophisticated breeding operations.He said that LCARA doesnít spend any money on letting the citizens know they exist.He asked if they preserve the non-commercial kennel fee, that they take $50 of that to segregate it for marketing.








Sorenson announced that he and Dwyer attended the Eugene City Council meeting where they urged the city not to change the fire service at the Eugene Airport.He hoped they didnít contract out fire services.


Dwyer said it is the fees collected by the airlines from the passengers.He said the City of Eugene Fire Department is still backup so whenever there is an incident they would still require travel that will leave another station unmanned.He didnít think it made monetary sense to go private.




a. DISCUSSION AND DELIBERATION/Formation of Service Stabilization Task Force.


Green suggested that the Board form a Service Stabilization Task Force with a short time span.He noted the purpose is to think about what Lane County should be doing with their recent action with the budget.He stated that one of the charges could be an analysis of a long and short term implication of each strategy that would give them a clear vision of what the options are.†† He indicated the charge is that Lane County government has a structural deficit with costs going up six percent annually with revenues rising at about three percent.He wanted a task force with seven people.He suggested each commissioner having an appointee and there would be at-large members.He wanted them to begin their work and come back with a report to the board by September so they could have that information in October.


Dwyer said they need to move forward.He thought they needed to have the task force review things so they could see what they could do to get ahead of the costs.He didnít care about how many members there should be on the committee.


Morrison didnít have a problem with nine members.She wanted to seek a variety of opinions.She wanted to keep the charge as narrow in scope as they possibly could around the budget and making decisions as they move forward.


Sorenson thought the membersí political party was a relative part of the committee.He thought a smaller group was better and thought they should have seven members.He wanted a balance based on geography.He wanted to make sure all five districts were represented.He thought the group should look for tax reform strategies.He suggested that they give flexibility to pursue other workable ideas that are not thought up around the Board.


Dwyer didnít want to limit ideas; he wanted the group to look outside of the box.


Green commented what is happening is the Board is not seen as visionary.He wanted the task force to present an objective viewpoint of what it is Lane County is doing and how they could do it better.He commented if they have finite resources, they shouldnít try to be everything to all people.He thought the charge of the task force was the most important piece.He was concerned where the County would be in the next three to five years.


Sorenson suggested it was an idea worth further discussion.He wanted to have seven members on the committee.He wanted this back on the agenda next week to get a greater understanding of what it is the task force would be doing.


Hampton stated that his overall concern was they appoint the task force but there would be no impact.He thought more time was needed to define the charge.He recommended staff support for the group.


Morrison didnít know if what would be produced would be something of value and something they could embrace as a group.She said the group would have to come up with outcomes by the fall because there will be cuts that will have to take place.


Sorenson wanted the group to pursue a special district for parks, libraries or law enforcement.He wanted them to work on the structure of the funding of local government, not so much as an urban and rural distinction.


Green said he would work on the comments and bring this back for refinement next Wednesday.




a. Announcements






a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1203/In the Matter of Adopting Amendments to the Rural Comprehensive Plan for Properties in the Siuslaw Watershed and the Long Tom Watershed; Adopting Exceptions to Statewide Planning Goals Three and Four Where Necessary; Adopting Changes in Zoning Designations to Comply with Such Plan Amendments Where Necessary; and Adopting a Savings and Severability Clause (Second Reading & Public Hearing: June 30, 2004, 1:30 pm).


MOTION:to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No PA 1203 for June 30, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1208/In the Matter of Co-Adoption of a Minor Plan Amendment to the Junction City Transportation System Plan to Remove All References to Extending David Lane to Highway 99 (PA 04-5154) (Second Reading and Public Hearing: June 30, 2004, 1:30 pm).


MOTION:†† to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1208 for June 30, 2004 at 1:30 p.m.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


c. ORDER 04-4-14-14/In the Matter of Approving the Alignment, Right-Of-Way Widths and Other Design Features for the Martin Luther King Jr. Parkway, Previously Known as the Pioneer Parkway Extension, as Adopted and Recommended by the City of Springfield (NBA & PM 4/13/04, 4/14/04, 5/19/04 & 6/9/04).


Sonny Chickering, Public Works, reported that Springfield had not considered the changes that the Board suggested at the meeting last week.He made the changes to the order that they believed the Board desired.


MOTION:to move to approve ORDER 04-4-14-14.


Morrison MOVED, Sorenson SECONDED.


Dwyer stated he would be voting no for all of the reasons he previously enumerated.He stated that money is precipitating the elimination of other ideas that conceivably could work.He added the impact of parking for the people on Hayden Bridge was bad.He was also concerned about the safety of pedestrians crossing in a roundabout.


VOTE: 4-1 (Dwyer dissenting).




BEGINNING OF CONSENT CALENDAR * * * * * * * * * * * * * * *


A. Approval of Minutes:None


B. Children and Families


1) RESOLUTION AND ORDER 04-6-16-2/In the Matter of Appointing Megan Larson to the Lane County Commission on Children and Families.


C. Health and Human Services


1) ORDER 04-6-16-3/In the Matter of Accepting Funding in the Amount of $63,696 from Springfield School District for Nurse Practitioner Services for the Period January 1, 2004 to June 30, 2005.


D. Public Works


1) ORDER 04-6-16-4/In the Matter of Awarding a Contract to Various Contractors for Base Rock Production Ė Various Stockpile Sites, Contract No. 03/04-13.


2) ORDER 04-6-16-5/In the Matter of Authorizing the County Administrator to Sign a Lease with Qwest Corporation Concerning Tax Lot 17-03-18-00 00500, Located at 3050 North Delta Highway.


END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *


MOTION:to move to approve the Consent Calendar.


Morrison MOVED, Dwyer SECONDED.


VOTE: 5-0.




a. ORDER 04-6-16-6/In the Matter of Approving the Use of Transient Room Tax Funds for Operational Purposes for the Florence Events Center.


Wilson recalled the Board authorized an amendment to the IGA to indicate that on an annual basis they would consider up to $40,000 for operational purposes.She said this is the annual event for the next fiscal year as is required under the ordinance they have regarding the use of transient room tax money.


MOTION:to move to approve ORDER 04-6-16-6.


Morrison MOVED,Dwyer SECONDED.


VOTE: 5-0.




a. ORDER 04-6-16-7/In the Matter of Approving the Reimbursement of Transient Room Tax Special Project Funds and Certain Operational Use of Room Tax for the Fairgrounds.


MOTION:to move to approve ORDER 04-6-16-7.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. FOURTH READING AND DELIBERATION/Ordinance No. 14-04/In the Matter of Amending Lane Code Chapter 7 to Revise Non-Commercial Kennel and Dangerous Dog License/Fee Requirements (LC 7.075, 7.085, 7.135) (NBA & PM 5/18/04, 6/2/04 & 6/9/04).


Dwyer wanted to keep things single.He proposed an alternative with the definition of commercial and non-commercial breeding,†† He wanted a $150 flat fee on a non-commercial kennel for up to eight dogs.They would raise the commercial kennel license fee to $250, with a commercial breeding kennel license for $350.He wanted to dedicate $50 from each of those licenses to education, marketing and spay and neutering.


Wilson thought they could place an asterisk for the licenses at the bottom indicating that $50 of each fee will be used for education, marketing and spay and neutering.


Dwyer also wanted to have amnesty for people to pay for the licenses.


Wilson thought Spickerman's letter and the definition issue should be a work session that includes both Land Management and LCARA.She stated they had to have the same definitions in both places.


Sorenson suggested having Land Management and LCARA meet and work out the details and come back to the Board with a proposal.


Green indicated the direction was for staff to do the work internally.


MOTION:to adopt Ordinance14-04 .


Morrison MOVED, Dwyer SECONDED.


Wilson noted on the title as shown on the Ordinance, they changed it to remove the changes relative to a non-commercial kennel.




b. ORDER 04-6-2-8/In the Matter of Amending Lane Manual Chapter 60 to Revise Animal Regulation Authority Fees (LM 60.825).


MOTION:to move to approve ORDER 04-6-2-8 with the recommendation of the fees stated by Dwyer and the other fee changes associated with that.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.




With regard to Oceanwoods, Hampton recommended moving forward with what Morrison had already done.He wanted a report back from Parks.




Green thanked everyone for his birthday event.


15. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Green recessed the meeting at 12:15 p.m.



Melissa Zimmer

Recording Secretary