MAY 24, 2011 Minutes

May 24, 2011
9:00 a.m.
Commissioners’ Conference Room
APPROVED 6/8/2011

Commissioner Faye Stewart presided with Commissioners Jay Bozievich, Rob Handy, Sid Leiken and Pete Sorenson present.  County Administrator Liane Richardson, County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




Jim Gillette, Eugene,  said he realizes his case is small but it is representative of the way the County treats people.  He said the County is unfair and bullies people and his case is a perfect example.   He stated he never had a hearing with his first case but he was still fined thousands of dollars.  He recalled he went for a legal fight but on another basic issue.  He said the facts of his case have never come up.  He wanted to get this out in the open because he wanted to move forward with his park idea, or sell his property.  He didn’t think government should fine anyone unless they have definite proof.  He didn’t think an Executive Session should be used to plot against citizens.  He wanted his fines back.   


Sorenson commented that the Popular Financial Report for the fiscal year that ended last year was an excellent document.  He said it covers the major expenditures and revenues  the County receives.  He said it spells out the challenges for County government and provides statistical information so people wouldn’t have to wade through the Comprehensive Annual Financial Report that is required.

Leiken reported that yesterday he attended the topping celebration at Inn at 5th Street.  He said he signed a beam on behalf of the Board of Commissioners.  He spoke with Brian Obie and Obie indicated that this was not the last project he was working on in the area.  Leiken said Obie was looking at additional projects.  He commented that was a good sign  that things were looking better.




a. PRESENTATION/WEAVE (Weaving Environments and Actions that Value Everyone) Lane County.

Carol Metzler, Oregon Research Institute, gave a report on Weaving Environments and Actions that value everyone in Lane County. (Copy in file).

Metzler distributed a survey and handout for the Board to fill out.  (Copy in file).

Handy said his wife is a teacher and she has recognized a lot of these trends.  He thought they could be in a self-defeating spiral at times and that needed to stop.  He said they have to create well being in the community.  He asked how they deal with kids who start to have problems and deal with the issue of recidivism early so they don’t get into incarceration.  He asked what they should be keeping in mind as decision makers when they are dealing with an absence of policy discussion or tough policy decisions.  He asked if they should have part of the budget targeted toward prevention.

Metzler said it is about how they structure services of support in the community so they are getting the right level of support to the right families at the time they need it instead of only being drawn by the crisis of kids and letting the majority of the funding being drawn to detention and punitive approaches and remedial services.  She thought they needed to move the resources earlier in life so they are creating a fabric that lets everyone thrive.

Sorenson challenged the assumption that anyone other than scientists ever care about using evidenced based practices in decision making.  He said the decision making from government is not made on evidence based practices.  He asked what moves the government process to accept the idea that evidence based practices is a valid way to make decisions about allocating government resources.
He asked how to get local politicians to commit to them and use it.

Metzler said the field of prevention science is evolving.  She said they have to figure out to get the best practices into the real world but there are barriers when they move a new practice into an existing setting.  She added there is resistance from providers and they have to convince decision makers it is a worthwhile investment.

Leiken said what he took out of the presentation was structure, guidance and fair discipline.  He thought there was a drop off in communication because of the way the children communicate with one another.  He hoped communication will improve.

Bozievich commented that the most influential things for children are peers, parents and family.  He asked if segregating children by age in the public school system is detrimental and causing some of the behaviors.  He said it was well shown that home school children were better socialized and more successful than public school children.  He asked if that was something they needed to look at in the future.

Metzler said there has been discussion and research on blending grades.  She said there was evidence that K-8 can achieve outcomes that are desirable in preventing some of the problems when kids transition into a middle school type of environment.  She noted the schools in Eugene and Springfield that are implementing the Positive Behavior Support Program are trying to create a more sociable climate in schools that prevent dysfunctional relationships between the kids.

Stewart said he has been active with the schools and the evidenced based practices are the right way to go, but they are not the only answer.


a. REPORT/Public Safety Coordinating Council (PSCC) Work Plan.

Tim Laue, Chair,  Public Safety Coordinating Council, gave a presentation on the Public Safety Coordinating Council Work Plan.  (Copy in file).

Leiken said he wants to see the leadership of the cities and the County brought back to solve the long term problem on how they can deal with public safety issues in Lane County.  He asked about Laue’s thoughts on a public service district.

Laue said they need to be able to describe adequately and sufficiently to the public where they are and what they are faced with before they discuss any solutions.  He didn’t think there is a public understanding of the public safety system.  He said they have to find a way to take what is a complex system not just at the County level, but at the state and municipal level, and being able to describe it so the people can understand it in less than 15 minutes.  He didn’t think projecting into the future would work.  He thought they should explain where they have been and where they are now.

Sorenson asked what the leadership of the PSCC or the Board of Commissioners could do to work with the other communities that are most likely to be affected by this.  He asked what the next step would be to bring it to the public and to the state.

Laue thought it rested with the Board of Commissioners.  He said the Board has to evaluate where the crisis point is.  He said once the Board makes the decision, then to share the work that has been done with the five other counties that have been identified as crisis counties.  He noted that the legislature and previous governor anticipated this situation. 

With regard to SB 77, Laue explained that it doesn’t offer  a lot of relief.  He said the Board could request a declaration of a public safety state of emergency from the governor’s office.   He said they then send down the Criminal Justice Commission to evaluate  (over a two to three week period) the level of services the County provides.  He added at that point in time they will make recommendations to the Board about things that could be done differently and recommendations to a fiscal board appointed by the governor who evaluates the criminal justice report and makes a recommendation to the governor.  He added at that point the governor can choose to issue a declaration of a public state of emergency for a county.  He noted there was a provision where the state might loan the County some money like a bridge loan until another measure could be put on the ballot.  He said if a measure that was put on the ballot fails, then the bridge loan stops.  He commented that this is a vehicle that could be offered to the Board of Commissioners to anticipate being proactive as opposed to reactive, after they have a collapse.

Stewart recalled that Nancy Nathanson passed a bill that allowed her to create a task force for counties (where the funding was drying up) to discuss how the counties are going to be able to provide services in the future.  He worked on a task force with Josephine, Curry, Douglas, Coos, Klamath and Jackson counties.  He said that Lane County is in worse shape than Curry, Coos or Josephine Counties.  He noted that Coos County took their SRS payments and they now have reserves to provide services.  He added that Coos County has 20 percent less population than Lane County and they have more patrol officers and have 120 jail beds, compared with Lane County’s 180 jail beds.  He believed that Lane County is in an emergency crisis with the public safety system.  He thought Lane County might be the first county to take advantage of SB77.


A. Approval of Minutes

B. County Counsel

1) ORDER 11-5-24-1/In the Matter of Amending Chapter 2 of Lane Manual Delegating Additional Authority to the County Administrator to Adopt HIPAA Procedures and Guidelines and Take Personnel Related Action (LM. 2.182) and Approving Selection of Privacy Officer.

C. Health and Human Services

1) ORDER 11-5-24-2/In the Matter of Applying for a Safety Net Capacity Grant in the Amount of $804,400 from the State of Oregon Department of Human Services to Permit the Community Health Centers to Provide Safety Net Healthcare Services to Youth for the 2011-2013 Biennium.

2) ORDER 11-5-24-3/In the Matter of Appointing One Member to the Mental Health Advisory/Local Alcohol and Drug Planning Committee.

3) ORDER 11-5-24-4/In the Matter of Approving Award of a Professional Services Contract with NextGen in the Amount of $422,938 for the Period September 1, 2011 through August 31, 2014 for the Provision of a Hosted Electronic Health Record for the Community Health Centers of Lane County.

D. Management Services

1) ORDER 11-5-24-5/In the Matter of Filing a List of FY 11/12 Public Improvement Projects for Lane County with the Commissioner of the Bureau of Labor and Industries (BOLI).

2) ORDER 11-5-24-6/In the Matter of Waiving the Provisions of Lane Manual 4.040(7)(E) and Authorizing an Operating Interfund  Loan in the Amount of $100,000 from the General Fund to the Tax Foreclosed Property Program in the Management Services Special Revenue Fund.

E. Public Works

1) ORDER 11-5-24-7/In the Matter of Entering into Updated Intergovernmental Agreements with Lane County School Districts for the Collection and Remittance of District Construction Excise Taxes.

MOTION:  to approve the Consent Calendar.

Leiken MOVED, Bozievich SECONDED.

VOTE: 5-0.


a. Announcements.

Richardson announced that they have started the process to recruit and eventually hire a director for the Department of Youth Services.  She received a copy of the prior job description and she will review it.

Sorenson asked about the planning for the Board goal setting.

Richardson said the Board will receive more information at the next Board meeting.  She said Stan Biles has agreed to lead a goal setting, strategic planning retreat.  She said they are looking at late June or early July of two half-day sessions, seven to ten days apart.

b. ORDER 11-5-24-8/In the Matter of Making FY 11-12 (FFY 2012) Elections for National Forest and Secure Rural Schools Land Related Safety Net Payments.

Jennifer Inman, Senior Management Analyst,  explained that this task is done each year.  She stated that the Board must elect the allocations of Secure Rural Schools funds to Title I, Title II and Title III.  She said the recommendation today is based on maximizing Secure Rural Schools funds to the County’s general fund and road fund and to the Title III projects. 

Inman noted the first election is what the Board directed and it is the same as in 2008.   She added the four different elections  need to be made or affirmed each year.  She asked if the County should use the full Secure Rural Schools payment or opt to go back to the 50 percent share of current timber harvests.  She noted it has been to their advantage to use the Secure Rural Schools formula.  She recalled the Board directed that at the beginning of this Secure Rural Schools Act and it would continue this year. She indicated the second election  asks what percent of funds of the entire award of Title 1, Title II and Title III should go to Title II and Title III.  She said the County must allocate at least 15 percent to the Title II and Title III process.  She noted as in prior years, the County’s budget has been prepared using the maximum of  85 percent revenue in Title I in the general fund, road fund and County School Fund that are pass through funds that go to the school programs.

Inman indicated the third election  is the distinction between Title II and Title III and how much of those funds should go to the Title III projects.  She said Title III monies are used to fund the Firewise Program in Land Management, Dunes Patrol, Search and Rescue and Wildland Foresting.  She said they prepared the budget this year to reflect the maximum amount of funds being used in Title III programs so the County can directly benefit.  She added that some programs in the County use Title II funds that are allocated by the Resource Advisory Committees. 

Inman explained the fourth election is how the Title II funds are allocated across the local Resource Advisory Committees and how they should be divided among those RAC’s.  She indicated they are recommending the same amount as they had done in the past to put 12.4 percent to the Rogue and Umpqua RAC; 17.1 percent to the Siuslaw RAC and 70.5 percent to the Hood and Willamette RAC with all of the O & C dollars being allocated to the only BLM District in  Lane County. 

Stewart commented that if the Secure Rural School payments are not renewed, then this process disappears and they go back to sharing of the revenues off the timber lands.

Inman stated that this is the final election the Board will make on this award from 2008.

MOTION:  to approve ORDER 11-5-24-8.

Bozievich MOVED, Handy SECONDED.

VOTE:   5-0.

ORDER 11-5-24-9/In the Matter of Making FY 11-12 (FFY 2012) Elections for  O & C Secure Rural Schools Land Related Safety Net Payments.

MOTION: to approve ORDER 11-5-24-9.

Bozievich MOVED, Handy SECONDED.

VOTE:  5-0.

c. ORDER 11-5-24-10/In the Matter of Adopting Positions on Legislative Issues During the 76th Legislative Session

MOTION: to approve ORDER 11-5-24-10.


VOTE: 5-0.

Bozievich informed the Board that the Legislative Committee is now starting to look at the next session for Legislative Committee planning.  He asked the Board to think about legislative efforts they want Lane County to be making short term and long term.  He thought it was better to be proactive to get pieces of legislation sponsored.  He asked for input on the focus for Lane County in lobbying Salem in the next session.

Sorenson concurred with Bozievich.  He asked for a briefing on the status of the federal forest payments legislation.


a. Announcements



Sorenson reported that the City Club of Eugene had a presentation this past Friday on the topic of ocean reserves.  He indicated that he participated in the discussion. 

Leiken announced that on June 1 the Gift for Literacy will be held at Lane Community College.  He said two or three books are presented to first graders and others are given the opportunity to read to the students.

Handy reported that he received information that ODOT  is spraying roadsides in Lane County.  He noted that Highway 126 and Territorial Highway are the roads being sprayed.  He wanted ODOT to be called and asked to have them mow instead of spraying the roads with herbicides.

Richardson said she will call Public Works to find out who the best contact would be at ODOT.  She said they can’t force ODOT to do anything as they have their own policies.  She said they could ask them to not spray herbicides on Lane County roads and ask if they could mow instead.

Stewart asked Richardson to speak with Marsha Miller, Public Works, as they have been down this road before with ODOT.   He recalled they weren’t successful in making it happen.  He recommended Richardson contact David Warren of ODOT as he is in charge of maintenance.

Sorenson thought it was important for Richardson to contact ODOT.

Stewart was also supportive of Richardson contacting ODOT.  He commented that he wasn’t overly optimistic with the outcome.

Bozievich announced a Celebration of Life for Cleve Dumdi at Shadow Hills Country Club on Saturday.

Stewart explained that Alex Cuyler, Intergovernmental Relations Manager, listens every Friday to a conference call about finding the SRS Act in the budget.  He noted they haven’t been successful  in finding a place to cut the budget to pay for it.  He added he attended  an O & C meeting on Friday and they had a presentation from Andy Stahl, on SRS and forest policy management.  Stewart noted that Stahl made a presentation on a proposal for multiple years that would take and divide the O & C lands in half, making them 1.2 million acres, with the lands in conservation and a timber trust to manage the land in harvest that generate revenue.  He said the O & C counties spent some time talking about an idea for management of lands and forming a trust, similar to the counties forming the trust lands for the state lands that are now managed by the Oregon Department of Forestry.

11. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(h) for the purpose of discussing pending litigation.

There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 11:50 a.m.

Melissa Zimmer
Recording Secretary