BOARD OF COMMISSIONERS'

REGULAR MEETING

November 29, 2006

following HACSA

Commissioners' Conference Room

APPROVED 9/12/2007

 

Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr.,  Anna Morrison, Peter Sorenson and Faye Stewart 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 COMMENTS

 

Cindy Land, Eugene, distributed information. (Copy in file). She asked what the projected estimate of the revenue or loss was on their proposal.  She said when you factor in the replacement income with the idle building utilities, the eight percent interest on $600,000 borrowed creates revenue of $43,000 per year.

 

Stewart read a letter into the record from Karen Bodner of Noti.

 

3. EMERGENCY BUSINESS

 

None.

 

4. COMMISSIONERS' REMONSTRANCE

 

Sorenson reported that last summer Nathan Winograd came to Lane County and part of the funding for his visit came from Dwyer and Stewart.  Winograd held a public meeting where the people came to learn what was involved in the no kill philosophy.  Sorenson said it involves no cost or cost effective programs that end the unnecessary killing of shelter animals. He thought they were at a point where they should put time in a work session in January to bring together the various community and governmental interests to adopt a no kill philosophy for LCARA and for the community.

 

Morrison reported that Gordon and Jan Hentze of the Hentze Family Farm were awarded the 2006 OSU Extension Service Cooperator Award.

 

Dwyer noted that traditionally at the end of the year the Chair gives awards.  He didn’t want to give awards.  He asked the Board to think about whom they thought deserved recognition and to let Zoe know about it.  He said after the State of the County he will present  the awards on the Board’s behalf.

 

5. COMMISSIONERS' BUSINESS

 

a. ORDER 06-11-29-1/In the Matter of Approving the Internal Auditor Work Plan for 2007.

 

Stewart Bolinger, Internal Auditor, indicated that Lane Manual calls for the auditor to present a work plan for the Board’s review.  He said the professional practice of internal auditing calls for the formulation work plan.  He noted the profession is looking to address risk for the protection of organizations’ systems.  He indicated the standard considerations include: a significant compliance risk, a risk to the accuracy of the data, if they are properly protecting assets and if the efficiency and effectiveness of the organization is affected by whatever is involved.  He said his original ambition was to come with a comprehensive risk matrix for the County that would factor those in and have a weighted formula for how he rates things.  He included as a proposal, part of the assignments for the year.  He didn’t know all the complexities of the County yet to adequately present a report.  He took a more subjective approach based on his professional judgment.  He recommended a comprehensive plan to guide the activity over the ensuing years.  He submitted a set of proposals.  He noted the outside auditors had made the same request.  He indicated he had a total recap of all disbursements by the County for the last year. 

 

With regard to grant compliance from the state and how the funds were not being disbursement appropriately, Morrison thought the ones they identified were less than $1 million.  She wanted to monitor those grants and how they are disbursed and whether they complied with the actual terms of the grants.  She asked if Bolinger’s report was in priority order.

 

Bolinger indicated he didn’t want to disrupt the operations of the organization.  He recommended two big reports and two little ones going on simultaneously.

 

Morrison recommended number three should be at the top.

 

Green asked about auto fleet maintenance. He asked if he would be doing a cost comparison

 

Bolinger indicated that was what he planned to do.

 

MOTION: to approve ORDER 06-11-29-1.

 

Green MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported the Management Team met on Monday and they are preparing an agenda item for the meeting on December 4.  He said the Management Team will be recommending the preparation of two budgets:  one with the general fund deficit of $3 million and  a second budget that assumes the Secure Rural Schools is not renewed.

 

7. PUBLIC WORKS

 

a. ORDER 06-11-29-2/In the Matter of Appointing Three Members to the Vegetation Management Advisory Committee (VMAC)

 

Orin Schumacher, Public Works, reported there are ending terms of three committee members and appointing three new members to fill those vacancies.  He brought forth the VMAC recommendation.  He noted their recommendation is to appoint the three new members. He indicated there were no personal interviews.

 

Stewart indicated he was liaison to the VMAC Committee.  He was concerned when Ross Penhallegon wasn’t recommended by the committee.  He thought Penhallogen had a lot of experience and was valuable to the committee.  He wanted to have the Board consider him.  He suggested having the Board interview people and make the three recommendations.

 

Green thought most committees did the interviews.

 

Schumacher indicated the committee brought up the suggestion that they should go with an interview process instead of reading the applications. He said everyone brings expertise to the position. He commented that looking through the applications, there were highly experienced people.  He didn’t want to see some of that overlooked.  He commented that the herbicide topic had been a hot point.  He said there needed to be a balance.

 

Green recommended Ross Penhallegon.

 

Morrison supported the recommendation of Dan Furing and Ross Penhallogen. 

 

MOTION: to appoint Ross Penhallegon  to VMAC.

 

Morrison MOVED, Green SECONDED.

 

Dwyer volunteered to interview the people. He thought if someone performs as an interim that they should be reappointed.  He indicated that Penhallegon  would be good.  He wasn’t familiar with the rest of the people.

 

Green supported Dwyer doing the interviewing.

 

Dwyer indicated he and Stewart will interview the candidates.

 

Stewart asked if they should go ahead and appoint Penhallegon and then have two vacancies they interview for.

 

Schumacher asked who should be interviewed.

 

Stewart responded they should interview Dan Fuehring, James LaRue, Debra Miglioretto, Dan Stein, Kai Williams and Jan Wroncy.

 

VOTE: 5-0.

 

b. THIRD READING AND DELIBERATION Ordinance No. PA 1235/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Marginal Land" and Rezoning That Land From "F-2/Impacted Forest Lands” to "ML/Marginal Land", and Adopting Savings and Severability Clauses (file PA 04-6308; Dennis) (NBA & PM 10/25/06 & 11/8/06).

 

Thom Lanfear, Land Management, recalled the Board held a Public Hearing on this matter on November 8 and at the conclusion of the meeting, the Board left the record open for the submittal of additional information for one week.  He said they received additional information both at the hearing and during the open record period.  (Copy in file).

 

Lanfear explained there are a series of tests the applicant has to demonstrate to qualify land as marginal land in Lane County.  He said one test is an income text with two parts.  He noted one part was the marginal lands was not managed during three of the five calendar years preceding January 1, 1983 as part of a farm operation that produced $20,000 or more in annual gross income..  He said the second part of the criteria is whether it was a forest operation, managed during those same years, capable of producing an average over the growth cycle of $10,000 in annual gross income.  He said the applicant claimed the farm operation was not capable of producing $20,000 in annual gross income and that the forest operation was only capable of producing $6,800 on average gross income, which is less than the $10,000.  He added the second test needed to be one of the three available tests in the statute and the applicant chose the productivity test.  He said there was one part on whether the soil classifications are in Class 5 through 8 and the applicant had demonstrated in their findings that 58 percent of the soils are in Class 5 to 8.  He noted the second part of the test is whether the proposed marginal land is capable of producing 85 cubic feet of merchantable timber per acre per year and the applicant’s findings demonstrated that the property is only capable of producing 80.7 cubic feet of merchantable timber.

 

Lanfear recalled that last week the Board had a meeting with the Planning Commission and during the work session there might have been mention of the Dennis application.  He said that could be considered a conversation with staff for an application. He said they had a request from one of the parties that a copy of that tape be put into the record for this application.

 

Dwyer commented that they never got specific about naming any parties.  He said they were talking about going onto a property.  He had no objection if the Planning Commission tape becomes part of the record.

 

Vorhes thought it could be viewed as deliberation.  He recommended in the interest of making the process as clean as possible, adding that tape to this record/ He didn’t know if anything would come out of it.  He said if someone raises an issue, the tape will tell them what was discussed.

 

Dwyer asked about them using 1983 prices.

 

Lanfear said the Board issued direction in 1998 on how applicants should address that issue.  He said the Board specified using 1983 prices.  He said the Goal 1 Coalition was raising that issue in their supplemental submittal.  He recalled the Carver case used 1983 prices and that was upheld.  He said the 1983 prices were okay in that case.  He recalled the log prices were the same all through 1983.   

 

Vorhes explained that the legislation that adopted and enacted marginal lands was looking at 1983 prices.  He said there are reasons for using those prices because they are  as close to the deadline as possible.  He recalled the Board had expressed an interpretation previously and LUBA in the Carver case used the 1983 prices.

 

Green asked how Lanfear responded to Goal 1’s position about timber prices.

 

Lanfear noted there are three available tests under that component in the statute and two involve an analysis of surrounding parcels or a parcelization test.  He noted one test is the productivity test.  He noted the applicant chose to address the productivity test and not the test they were referring to.  He stated in the original submittal, he was addressing two of the three as a safeguard, but the analysis under the parcelization test was dropped out at this level.

 

Stewart asked about Ponderosa Pine.  He said the County held up at LUBA with the previous cases.

 

Vorhes indicated there had been issues around that.  He said the question comes down to what is enough evidence.  He said the rationale he heard and what the applicant is relying is that in the final analysis, Douglas fir is the most income producing species in the area and using that is reliable evidence that could meet the substantial evidence test.

 

Morrison commented that to attack an applicant’s character is not part of the criteria.  She said it is whether or not the applicant met the criteria.  She thought when public involvement was discussed, that it was based on factual information, not anecdotal information that has no bearing on the decision.

 

Stewart said they have criteria based on the productivity and income and there are levels that marginal lands have to meet.  He said it didn’t meet the levels that are acceptable that take it from marginal to a F1 or F2 piece of property.  He commented that it didn’t meet the level the County or the state had set.  He believed the application met the criteria of marginal lands.

 

MOTION: to adopt Ordinance No. PA 1235

 

Stewart MOVED, Morrison SECONDED.

 

ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting).

 

Dwyer commented that even within species there are trees that could be planted anywhere.  He thought this became subjective.

 

c. DISCUSSION AND ORDER 06-11-29-3/In the Matter of Responding to the LUBA Remand of the Decision Enacting Ordinance No. PA 1212 and Supporting That Ordinance By Adoption of Supplemental Findings of Fact to Interpret the Terms "Ownerships" and "Contiguous" as Specifically Used in the Rural Comprehensive Plan -- General Plan Policies:  Goal Four, Policy 15 (LMD File PA 04-5276 Kronberger).

 

Bill Sage, Land Management, recalled on June 15, 2005, the Board approved Ordinance PA 1212.  He indicated it changed the zoning from F1 to F2 on a parcel or subject that included four discrete legal  lots.  He noted that decision was appealed to LUBA and they remanded the decision back to the County to interpret what ownerships met Goal 4, Policy 15 and to clarify contiguous and general contiguous in the same goal and policy and the findings and the decision made and clarified how they got to one of their conclusions under Goal 2, Policy 27.  He added the applicant’s agent, Mike Farthing, had presented to the Board supplemental findings of fact and conclusion of law.  He said they looked at the findings of fact and they found the term of ownership complies with the Board’s previous actions when they have done this same type of exercise and when they looked at the clarification and the meaning under contiguous, they followed the Board’s direction.

 

Sage’s recommendation stated that based on the record with the substantial evidence, they don’t need to do a public hearing in order to adopt the supplemental findings and the Board adopts the order to send back to LUBA.

 

MOTION: to approve ORDER 06-11-29-3.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 4-1 (Sorenson dissenting).

 

8. CONSENT CALENDAR

 

A. Approval of Minutes:

November 1, 2006, JEO Meeting, 7:00 p.m.

 

B. County Counsel

 

1) ORDER 06-11-29-4/In the Matter of Amending Chapters 3 and 4 of the Lane Manual to Add and Modify Provisions Relating to the Human Resources and Workforce Partnership Departments Implemented During 2005 and 2006 (LM 2.220 - 2.230, 2.250, 2.85, 2.290, 2.305, 2.355, 2.370, 2.378, 2.382, 2.384, 3.043, 3.100 - 3.104, 3.155 - 3.158, 3.540).

 

C. Health and Human Services

 

1) ORDER 06-11-29-5/In the Matter of Approving a Contract in the Amount of $265,674 With Looking Glass Youth and Family Services for Homeless and Runaway Youth Services for Services Provided July 1, 2006 Through June 30, 2007.

 

D. Public Works

 

1) ORDER 06-11-29-6/In the Matter of Entering into a Lease Agreement with the Bureau of Land Management (BLM) for Five (5) Years for Surplus Shop and Office Space at Delta for an Annual Rent Payment of $17,541.72 for Federal FY 07 and $20,943.72 per Year for FY 08 Through FY 11.

 

E. Workforce Partnership

 

1) ORDER 06-11-29-7/In the Matter of Appointing Members to the Lane Workforce Partnership Board of Directors.

 

MOTION: to approve the Consent Calendar.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

9. HEALTH AND HUMAN SERVICES

 

a. ORDER 06-11-29-8/In the Matter of Adjusting the Department of Health & Human Services Budget (Human Services Commission Fund 285) to Accept Additional Revenues in the Amount of $483,334 for the Community Health Centers; and Appropriate $483,334 to Increase FTE by 4.5 (1.0 FTE Community Health Nurse; 2.0 FTE Medical Office Assistants, Two .50 FTE Temporary Community Service Workers, and .50 FTE Office Assistant 2.

 

Chris Pryor, Chair, Human Services Commission, said it was important to accept the increase of $500,000 in federal based funding for the Community Health Centers.  He said the increase to $1.12 million per year in the base federal funding will increase the stability and the long term efforts to secure the Community Health Center’s  operation.  He commented that grants are unstable funding but the federal-based funding that comes through this grant is as stable as it gets without being an actual allocation.  He said this is long term funding and would be there as long as the Community Health Center performs.  He noted the federal funding for the Health Center will be 23 percent of the budget in FY 07/08 and it would leverage an additional $4.2 million in other types of support.  He said it would help to balance the Community Health Center’s financial picture.  He explained the 4.5 FTE requested is a reduced staffing plan to add depth and stability and stay within reasonable limits. He noted an additional nurse, two medical assistants and a half-time office will assist the medical providers in covering the additional hours and the two seasonal outreach workers will help to get homeless, migrant and seasonal workers into the health clinic.  He urged the Board to accept the money, recognizing the risk is minimal and the benefits are enormous.

 

Dwyer worried about the long time sustainability because of things beyond the County’s control.  He stated he has $2,000 to pay for the $20 co-payment so needy people could have access to this clinic.

 

Rob Rockstroh, Health and Human Services, said the grant is for $483,000 to expand services for the migrant and homeless populations.  He said this grant has a guarantee base as long as the feds are sponsoring the program.  He noted there were 29 applicants out of 300 and they were successful to have won the grant.  He commented that fiscal stability is the biggest concern they have.  He said they need a better balance of Oregon Health Plan clients.  He noted there would be a $250,000 deficit if they did nothing different this year. He stated he has no intention of asking for general fund support for this.

 

Dwyer asked how many people would be treated as a result of this grant that would have not been treated had this grant not been in place.

 

Steve Manilla, Humans Services Commissioner, responded that an additional 2,500 patients will be served.

 

Morrison stated what bothers her is the timing.  She said the Board doesn’t have the external auditor’s report for the end of June 30.  She met with the auditors on areas of concern.  She said there are the same problems they experienced with the fairgrounds. She noted this wasn’t the first year the clinic had cash flow problems and have had to manipulate monies to keep the doors open.

 

MOTION: to approve ORDER 06-11-29-8.

 

Sorenson MOVED, Stewart SECONDED.

 

VOTE: 4-1 (Morrison dissenting).

 

10. CORRESPONDENCE TO THE BOARD

 

None.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

Green announced that he and Stewart will be going to Portland to attend a Public Safety and Evidence Based Practice Conference.  He announced that December 10 is the International Human Rights Celebration Day and Lane County has been asked to recommend a County employee. He requested Laura Yergan in Management Services to help out with this.

 

Dwyer said he has been in contact with Costco with regard to turkeys. He said he would give $2,000 and his goal is to double that amount. He said they will put the event together so people could eat turkey for Christmas.

 

Morrison reported Thursday night is the Veneta Light Parade, Friday is the Junction City Light Parade and Sunday is the Coburg Light Parade.  She added on Saturday in Westfir is the dedication of the new covered bridge coin.

 

Stewart announced on Saturday in Oakridge is the Wild Plum Festival.  He had a painting commissioned of the West Fir Covered Bridge, depicting the 1944 era as a historic painting and as it exists today.  He noted it is the tallest and longest covered bridge.

 

Dwyer indicated they are taking the senior volunteers out to the Electric Station for lunch.

 

Morrison acknowledged the Siuslaw Football team for their winning season.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

Per ORS 192.660 (2)(e) for the purpose of consulting with property negotiators.

 

13. OTHER BUSINESS

 

None

 

 

There being no further business Commissioner Dwyer recessed the meeting at 11:15 a.m.

 

Melissa Zimmer

Recording Secretary