BOARD OF COMMISSIONERS

REGULAR MEETING

March 31, 2004

Following HACSA

Commissionersí Conference Room

APPROVED 11/3/04

 

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

 

None.

 

2. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 04-3-31-1/In the Matter of Adopting the FY2003-2004 Supplemental Budget #2, Making, Reducing and Transferring Appropriations.

 

Anette Spickard, Budget Analyst, explained that, under Oregon Local Budget Law, they are required to prepare a supplemental budget to be adopted by resolution.She said they have eight funds that have a need for additional appropriations and they advertised the changes in The Register-Guard on March 18, 2004.She noted because one of the funds is requesting a change in excess of 10%, they are required to hold a public hearing before deliberation.She said that all of the information was included in the packet.

 

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

 

MOTION:to approve ORDER 04-3-31-1.

 

Morrison MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

3. PUBLIC COMMENTS

 

George Devine, 1120 E. Harrison, Cottage Grove, was in favor of the government loan program for LCOG.He said he is a co-owner of a home center in Creswell and Cottage Grove and they have had the opportunity to use a couple of the programs.He supported those types of programs.He asked the Board to have LCOG continue with the small business loans.

 

Lisa Walter-Sedlacek, 85276 Glenada Road, Florence, supported the LCOG program.She stated she is a licensed landscape contractor and has been in business for 15 years.She added they employ 16 people and offer health benefits.She said they wanted to expand their business and she worked with LCOG program and they were able to work on their expansion.She thinks the program is a great one.

 

Bruce Wilgus, 3849 Ashford, Eugene was in favor of the loan program.He co-owns a manufacturing firm in Springfield and without the loan they probably wouldnít have been in business.He said they have six employees doing business throughout the state of Oregon.He commented that without the loan they wouldnít have been able to do their business.He thought it is a good program and hopes that it will continue.

 

Brian Huber, 48238 E. 1st, Oakridge, reported that LCOG helped them purchase a building in Oakridge.He indicated that he has 20 employees.He added they have also used LCOG for two additional types of loans.He is in favor of these government type loans and the assistance LCOG provides.

 

Jim Poverman, 270 Coachman, Eugene, said he is one of the owners of the Meridian Building at 18th and Willamette.He said the building would not have existed without the help of LCOG.He commented that a lot of businesses have provided jobs in the County that might not exist without the different loan programs that are available through LCOG.He noted that they provided jobs for 35 people through their loan program.

 

Terry Connolly, Eugene Chamber of Commerce, 1401 Willamette St., wanted the Board to continue their commitment towards finding a solution for financing work to assist cities with their backlog of street maintenance.He thought this needed to be a priority with the cities.He commented the backlog they are facing is $93 million and half of the backlog with maintenance is streets that are in need of reconstruction.He suggested possibly bonding these out to cut maintenance needs in half.

 

David Chamberlain, 47434 Highway 58, Oakridge, stated he has a historic restaurant in Oakridge.He said it could not have happened without the help of Steve Dignam and LCOG. He commented that LCOG could do things that commercial lenders cannot do.He supported the program.

 

Susan Le Duc,49571 Huckleberry Road, stated she represents a small group of people who live in Oakridge that have been trying to initiate the proceedings of the dissolution of Hazeldell Fire District.She said they need this voted on to pass it onto the Boundary Commission and to the district to start the dissolution proceedings.She said the reason they are pursuing this is that there were a lot of people within the district where this was not on the ballot.She said it was something the election committee didnít know about.They wanted to place this back on the ballot so everyone in the district has a chance to vote on it.She asked the Boardís support for everyoneís right to vote before they are taxed.She hoped they could get it on the ballot for November.

 

Bud Le Duc, stated the fire district has put a hardship on people with fixed incomes.He said he could get cheaper fire insurance through the City of Oakridge than he does right now.He said he is paying more with the rural fire department.

 

Charles Wiper, III, 85484 Chezem, Eugene, reported on Willamette Pass Ski Corporationís use ofEconomic Development funds in the pastHe noted they had been successful in several occasions and it allowed them to branch out.He said it had allowed them to have year round employment.

 

4. EMERGENCY BUSINESS

 

None.

 

5. COMMISSIONERS' REMONSTRANCE

 

None.

 

6. COMMISSIONERS' BUSINESS

 

a. REPORT/Youth Voices Matter

 

Sorenson reported the Board had requested Children and Families getting youth more involved.

 

Alicia Hays, Children and Families, introduced Allie Pacheco, Youth Voices Matters project, which is a program to have youth come before the Board with issues that concern them.She stated she is a high school senior at Springfield High School.

 

Hays indicated that they set a pilot project for the state in getting youth involved.She said they changed when and how they meet to accommodate the youth.

 

Diana Avery, Children and Families, discussed the goals for the Positive Youth Development Grant.She noted the three main goals are to increase opportunities and support around positive youth, to increase the opportunities and recognition for self-expression and to increase the opportunities and support for youth involved in civic and community engagement.

 

Allie Pacheco, Children and Families, gave a report about youth and what is happening at her school.

 

Morrison indicated that the purpose of this is not to recruit for Children and Families, she wanted to have direct interaction with students and the Board.

 

b. DISCUSSION/Establishing a Park District Outside of the Metro Area (Junction City).

 

Green indicated he received a call from Jon Edwards asking for some time on the agenda to discuss their request with the Board.He said it was the first time the Board had seen the information.

 

Jon Edwards, Junction City, explained the project had started over 20 years ago.He said after school programs are important to the community.He said they created a focus group.He noted there are 40 other special districts that provide these sorts of services.He said what would be involved are all afternoon school programs, youth sports programs, seniors programs and the swimming pool budget.He stated they have to create a tax base that is separate and specifically for this.He commented that one of the challenges that Junction City has is that two-thirds of the users live outside the city of Junction City and one-third of the people are paying for the program that the others donít pay for.He said the district would encompass the school district boundaries. He said this wouldnít have overlap with other districts, it would be specifically for the users of the Junction City area.

 

Edwards asked if the Board could sponsor the district.He indicated they had letters of support from the City of Junction City, local businesses, the school district of Junction City and every service organization.He wanted the Board to help them.

 

He added they donít have a problem coming up with the money, he said if they canít raise the $12,000 to get in on the ballot and another $12,000 for a motive, then it wouldnít pass any way.He said they formed a pact and they havenít raised any money because they donít know if it would be on the ballot yet.He said they were having problems with the process.

 

Dwyer commented he had no problem in allowing the voters to choose if they want a park district and want to pay as they are taxing themselves.He added he had no problem with moving this forward.He didnít want to loan them the subsidies that would be required.

 

Van Vactor cautioned that on the general government side of the property tax ledger they all share a $10.00 cap.He noted that Lane County has to be careful with a special operating levy or district due to compression.He suggested getting a report from the assessor to find out how much is available.

 

Melissa Bowers, Junction City, indicated they have been working on a focus group.She noted in the packet (copy in file) is the existing rate charged in those zones and if they passed this district, the proposed new rate.

 

Wilson noted she had no contact with anyone regarding this.With regard to the process, she would need an opportunity to look at what statutory requirements are for the Board initiating a process.She said that the election costs are not the only costs involved in initiating a district.She noted what is needed to take this to the Boundary Commission is a metes and bounds legal description and the assessorís cadastral map. She stated that those in the past have proven to be a very expensive proposition for people who are initiating a district.She explained if they were to take on the responsibility of the process themselves, it would fall upon the County to bear the costs.She noted the timelines are tight and it might not be possible to meet the November election.She said the timeline gives the Boundary Commission 120 days to act after they receive the petition or initiating documents.She stated that after they complete their action and if it comes back to the County, they would need the Boundary Commission to have completed its action by the middle of August in order to meet the statutory requirements to get it on the ballot by the first week of September.

 

Morrison thought the real issue is the timing.She commented if people were really interested they needed to show community support and they needed to be willing to put this on the ballot.

 

Edwards asked the Board to allow the democratic process to happen, to let the people who would pay for it to decide if they want it.

 

Dwyerís concern was compression.

 

Green said they were given time on the agenda to state their case.He said it would have been helpful had this information come earlier so people could have had time to respond.He commented the Board had questions and concerns.He suggested they come back so the Board could know what the best process would be for this.He said the Board would reschedule this for a longer work session.

 

Morrison stated they needed to pursue the Boundary Commission.She said it is well outlined and it is something that needs to be done.

 

c. DISCUSSION/Department of Revenue Letter

 

Isabel Johnson, Department of Revenue, described the County Assessment Function Funding Account.She said the main purpose of the program was to address some of the issues of the consideration of the property tax system.She said they wanted to address the inequity in the taxes, inconsistency in the values and the large number of appeals.She said they created the CAFA fund in 1989.†† She noted they made minor changes to the program in 1999.She said they deleted the sunset provision so it became a permanent funding program for the County.She noted the second program they administer is special payments to the counties of $5 million that the legislature gives to the Department of Revenue for a biennial basis.She said they have a pro-rated amount that is distributed on a yearly basis based on the CAFA fund.

 

Tom Collins, Department of Revenue, explained that in 1988 the Department of Revenue reviewed several counties in which Lane County was one of them regarding the status of the A & T programs.He said at that time they made a recommendation to the 1989 legislature for A & T funding.He added at that time Lane County had 75% of their accounts out of cycle.He said in 1993 another performance evaluation was done in Lane County and the report showed vast improvement from the 1988 report.He noted in 1997 Measure 50 happened and the taxes were based on assessed value.He said it was either the real market value or maximum assessed value, whichever is the lowest.He passed out a comparison of the seven largest counties. (Copy in file).He said they have three major concerns about Assessment and Taxation in Lane County.He said many staff had promotions or retirement.He was concerned about exception value. He noted it was new construction and it wouldnít be done in a timely manner.He stated that Lane County is not doing any new appraisals.He commented that over a period of time the appraisals would deteriorate.He wanted Lane County to support the grant application and the funding for the A & T programs.He asked them to consider looking at reductions and hold steady with the current funding.

 

Green recognized that they might not be able to maintain the status quo.He hoped with the investment in technology they might be able to appraise things.He was looking more for the outcomes.

 

Gangle explained that they have increased their sales analysis on all of the properties in the county instead of doing the physical appraisal.He said the tool used to do that has grown over the years and they are putting more time into doing the ratio study because they are not doing the physical appraisals.He said it has helped to keep within state standards.He said they have had to re-align their positions where they had to get rid of an appraiser.He said they could only not look at properties for so long before they have issues and problems and they havenít reviewed them since 1996.He said real market value is important where they have local option levies.

 

Morrison wanted to add a column to what the property tax rates are for the other counties like Multnomah, Washington, Clackamas and Marion, where their FTE is proportionate.She added the total accounts were different than Lane County.She understood the importance ofA & T to pay the bills for what they are trying to do and providing services to the County.

 

Green asked about other options.

 

Johnson responded that, based on the two funding programs they have, they would have no other options for Lane County.She said what would happen if the Board decides to submit a grant is they would look at a new staffing level to see if it would meet the standards.She added if Lane County doesnít meet the standards they might have to deny the grant for Lane County for $1.8 million for the A & T functions.

 

Karen Gregory, Department of Taxation, stated they hadnít seen the grant and after they see the grant they could see what their options are.She suggested coming back to the Board.

 

Gangle indicated they would be bringing the grant back on April 14.

 

d. ORDER 04-3-31-2/In the Matter of Initiating Dissolution of Hazeldell Rural Fire Protection District.

 

Wilson reported that a group of citizens in the Hazeldell Fire District area have obtained a petition with signatures that are certified.She added they made a cash deposit as security.She indicated under the statutory process, the Board had to accept the petition for filing, which is what the Board order does.She noted the next step in the process is to refer this matter to the district itself to prepare a proposed plan of dissolution and to file the plan with the County clerk and with the Lane County Boundary Commission.She wasnít aware whether the district itself has seen any of the documents.

 

MOTION: to approve ORDER 04-3-31-2.

 

Dwyer MOVED, Hampton SECONDED.

 

VOTE: 5-0.

 

7. RESOLUTIONS

 

a. RESOLUTION 04-3-31-3/In the Matter of Proclaiming the Week of April 5-11, 2004 as National Public Health Week.

 

MOTION: to approve Resolution 04-3-31-3.

 

Dwyer MOVED, Morrison SECONDED.

 

Green read the resolution into the record.

 

VOTE: 5-0.

 

8. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported the budgets were in from all of the Lane County departments.He said it had been difficult to achieve the goals that the Board directed last December.He noted the budget they came up with has cuts of $4 million from the discretionary general fund and provides $500,000 to the budget committee and to the Board.

 

b. ORDER 04-3-31-4/In the Matter of Appointing Commissioner Donald Hampton as Lane Countyís Representative on the Fiber South Consortium Board of Directors and the Regional Fiber Consortium Board of Directors.

 

MOTION: to approve ORDER 04-3-31-4.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

c. ORDER 04-3-31-5/In the Matter of Authorizing Within the Special Revenue and Services Fund a Transfer and Grant of $100,000 of Video Lottery Economic Development Funds to the LCOG/EDA Revolving Loan Fund.

 

Dwyer stated he had no problem with the Board reviewing the request.He wanted the process to work and still give the time that is required.

 

Peter Thurston, Economic Development, explained the RFP process from 2003 has a provision for an open proposal cycle. He said proposals were received and reviewed by the Economic Standing Committee from December and that process described in the RFP published notice and allows for a letter of interest to be submitted until tomorrow.He said then the Economic Development Standing Committee would receive and review any proposals following the same rules and guidelines from the 2003 cycle and would go back to the Board for consideration to meet the rules.

 

Steve Dignam, LCOG, noted there was a sense of urgency as April 2 is the deadline.He said the EDA gave them the pre-approval of their application and said they wanted a full application submitted by April 2.He said the EDA has said that the approval for these funds is competitive and those applications which have all of their matched funding lined up would be viewed in a different light.He believed it was important to have some sort of an indication of their approval of the matched funding, prior to April 2 in order to maximize their potential to win this grant.

 

Thurston indicated they had two weeks to bring back their specific proposal and the Economic Development Standing Committee will review the proposal with the rating and ranking.He noted in about 45 they will be able to bring this back in for the Boardís award.

 

Green stated the Board was on record as being supportive but their issue is process.He commented if it was worth doing then they should do it right.

 

MOTION: to move to approve Alternative 2 of ORDER 04-3-31-5.

 

Hampton MOVED, Dwyer SECONDED.

 

Dignam thought if they could have a letter of some type by April 2, it would be a benefit.

 

Dwyer was willing to give a letter stating it would make the grade for Lane Countyís financial commitment but they have a process and they should stick to the process.

 

Morrison stated even with the amendment to add the letter, when they drafted the new video lottery economic development issue, the idea was to have some flexibility and act within a reasonable period of time.She didnít think this was a reasonable period of time.She didnít think the money would be there.She didnít support the motion.

 

Sorenson asked if the Economic Committee reviewed this.

 

Thurston responded that they did not have a chance to review this because of the potential of the urgency and the evaluation of whether it superseded the process.He said that was the issue before the Board today.

 

Sorenson thought this was a matter of emergency business.He thought it should have gone though the committee.He was in favor of the motion but was opposed to item number 3 because they have had testimony from the people who knew the Board was going to be taking this item up.

 

VOTE: 4-1 (Morrison dissenting).

 

d. ORDER 04-3-31-6/In the Matter of Approving Assistance Applications for Title II Funds for the Forest Work Camp and Department of Youth Services for FY-04 and Authorizing the County Administrator to Sign the Required Applications.

 

John Arnold, Title III Analyst, explained that last year they applied for Title II applications for the Forest Work Camp and Department of Youth Services Forest Work Crew.He said those applications were accepted and they are moving into the process where they are going to try to get reimbursement.He added once the applications are approved, they will amend the existing agreements and once they are amended, they could reimburse for the expenses that the County is occurring at the Forest Work Camp and Department of Youth Services.

 

MOTION: to approve ORDER 04-3-31-6.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

9. PUBLIC WORKS

 

a. ORDER 04-3-31-7/In the Matter of Approving Preparation of Fees for the Electronic Recycling Collection Program at the Glenwood Central Receiving Station.

 

Pete Chism, Waste Management, reported there is an option for recycling and re-use of electronic waste.†† He stated that on March 9 he went to the Finance and Audit Committee and they approved to bring this to the Board.He noted there were different issues with electronic waste with toxicity, economic development and reuse.They wanted to establish a system that addresses all the issues.

 

Chism noted the fees are listed in the agenda cover memo.He said there are some materials they would accept within the program that would not have fees associated with them.He said those materials would be keyboards, mice, speakers, printers, scanners, video game systems, stereo equipment, VCR, DVD players and cell phones.He said they want to establish a recycle program that would lead the State of Oregon into a system that does not exist in any other counties.He indicated that Marion County was looking into a similar system.He wanted to take the fees into an RFP process to see what the actual process would be.He wanted the fees to be as closely related to the system as possible.

 

Dwyer stated he was against this at Finance and Audit. Morrison commented that she and Jim Gangle were in favor.Dwyer didnít approve the $25 fee fortelevisions.He didnít think they would be able to generate that much money.

 

Chism indicated based on the information they gathered for special collection events, that there is a demand for service and they wanted to supply a volunteer service that could pay for a system.He wanted to provide education on the choices there are so people could feel that they were doing the right thing.He has received phone calls from people that want to do something good with the recycling of these parts.

 

Green thought this was an appropriate way of doing things.

 

Chism explained the subject of toxicity with these parts in the landfill was worth noting.He said they would be exporting these items and they should be encouraging staff to bring innovative ways to solve this problem.

 

MOTION:to move to approve ORDER 04-3-31-7.

 

Sorenson MOVED, Morrison SECONDED.

 

VOTE: 4-1 (Dwyer dissenting).

 

b. DISCUSSION/Regional Road Finance and Revenue Sharing Concepts.

(PULLED)

 

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1199/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agricultural Land" to "Nonresource", Rezone That Land From "E-30/Exclusive Farm Use" To "RR-5/Rural ResidentialĒ; and Adopting Savings and Severability Clauses (File PA 01-5875; Grant) (Second Reading & Public Hearing: April 14, 2004, 1:30 pm).

 

MOTION:to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1199 on April 14, 2004 at 1:30 p.m.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

d. THIRD READING AND DELIBERATION/Ordinance PA 1195/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Agricultural" and Rezoning That Land From "F-2/Impacted Forest Lands" to "E-25/Exclusive Farm Use"; and Adopting Savings and Severability Clauses (File PA 03-5269; Laurelwood Academy). (NBA & PM 1/14/04 & 2/18/04.

 

Green recalled the Board had a site visit to the property.He noted they were scheduled to take action on February 18.He noted the site visit was on March 16.

 

Jerry Kendall, Land Management, indicated there was no new information.

 

MOTION:to adopt Ordinance PA 1195.

 

Hampton MOVED, Dwyer SECONDED.

 

Dwyer said this was resource land and he thought it was more appropriately zoned farmland because it is more farmland than forest.He supported the motion but he didnít want it said that he was favor of converting one resource land into another for the purpose of development.He thought this was an appropriate use for this site.

 

Sorensonthought when they have an applicant who wants to correct an error that is made on the map then they have to show there was an error made.He noted the error made was the area designated F2 land and it should be more accurately designated as agricultural land.He said in reviewing the testimony from the public hearing, the property could be used for either agricultural or forest land.He thought the land is fully capable of forest production and is a forested environment.He said Goal 2 requirements do require that public need and justification for a change should be designated.He wanted to look at the issues of resource land change in adopting the comprehensive plan and the map.He didnít think the record was made.He said he would be voting against this.

 

ROLL CALL VOTE: 4-1 (Sorenson dissenting).

 

10. CONSENT CALENDAR

 

BEGINNING OF CONSENT CALENDAR * * * *

 

A. Approval of Minutes:

June 4, 2003, Regular Meeting, 9:00 a.m.

February 25, 2004, Regular Meeting, 9:00 a.m.

February 25, 2004, Regular Meeting, 1:30 p.m.

 

B. Assessment and Taxation

 

1) ORDER 04-3-31-8/In the Matter of Granting Property Tax Exempt Status, as Required by ORS 307.115 (Emerald Empire Gun Club).

 

C. Health and Human Services

 

1) ORDER 04-3-31-9/In the Matter of Accepting Funding in the Form of Billing Authority from Lane Individual Practice Association for the Federally Qualified Health Clinic.

 

2) ORDER 04-3-31-10/In the Matter of Accepting Funding in an Amount Not to Exceed $52,604 from Peace Health Medical Group for Latino Medical Access.

 

D. Public Safety

 

1) ORDER 04-3-31-11/In the Matter of Amending Board Order 04-2-25-6 Wherein the Board of Commissioners Authorized the County Administrator to Sign a Grant Application to the Department of State Police, Criminal Justice Services Division for $7,000,000 to Support the Homeland Security Initiatives of Jurisdictions Countywide.This Amendment will Change the Number of Grants to Two and the Amounts to $7,561,107 and $750,100.

 

E. Public Works

 

1) ORDER 04-3-31-12/In the Matter of Revising Load Posting on the Row River Bridge at M.P. 16.64.

 

2) ORDER 04-3-31-13/In the Matter of Accepting the Offer from the City of Veneta, a Municipal Corporation, to Purchase County Owned Property Formerly Used as Lane County Public Works Zone 4 Shop Site.

 

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

 

MOTION:to approve the Consent Calendar.

 

Dwyer MOVED, Hampton SECONDED.

 

VOTE: 5-0.

 

11. MANAGEMENT SERVICES

 

a. ORDER 04-3-31-14/In the Matter of Implementing the Compensation Survey Results Under the Agreement Between the Lane County Prosecuting Attorneys' Association and Lane County.

 

Frank Forbes, Management Service, explained this item was brought to the Board as a result of the labor agreement between the Prosecuting Attorneysí Association and Lane County.†† He said there was discussion about compensation compared with other similar jobs and other counties. He stated as a result of the agreement, the County agreed to conduct a compensation analysis that would include other counties included in Region 1.He noted the survey and analysis has been conducted.He added as part of the agreement, it stated that instead of 12 steps to the salary plan, there would be seven steps. He recommended that the new salary scale be used for the attorneys that are presently used for the upper ranks in the LCPOA.He said the salary would guaranty on the merit date that the employee would get at least a 3% increase.He noted the additional cost is about $34,000 that has been considered by the District Attorney in his budget.He noted the full cost of this will be reflected a year from now.

 

MOTION:to move Option 1.

 

Dwyer MOVED, SorensonSECONDED.

 

Van Vactor said it came at an odd time with Lane County government.He said as costs go up and they canít meet their obligation, the effect is they will have to have significant reductions enforced starting July 1, 2004.

 

Sorenson thought the agreement was a good one because the data shows a lack of competitiveness between Lane County and other counties in the state.

 

VOTE: 5-0.

 

12. CORRESPONDENCE TO THE BOARD

 

None.

 

13. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

14. EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

15. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Green recessedthe meeting at 11:50 a.m.

 

 

Melissa Zimmer

Recording Secretary