BOARD OF COMMISSIONERS'

REGULAR MEETING

June 4, 2003

9:00 a.m.

Commissioners’ Conference Room

APPROVED 3/31/04

 

Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

 

Sorenson noted the Executive Session would take place at 11:00 a.m.  He added there would be an Emergency Business item, 13, the acceptance of a grant for the RIS system.

 

2. PUBLIC COMMENTS

 

Chris Okray, 323 E. 22^nd, Cottage Grove, stated she was getting mixed signals with the Cottage Grove Speedway.  She noted on May 22 their attorney wrote to Jeff Towery, Land Management, asking for confirmation in writing as to the extent to which Lane County intended to enforce Mr. Darnielle’s decision of April 2003.  She stated as of this date they still had not received anything in writing.  She said they are interested in the Board’s direction for the Turn 1 and Turn 4 bleachers for use of the track for go-kart races.She said the Turn 1 and Turn 4 bleachers were used on May 31, after being posted by Mr. Ward.  She said that Ward told her they would be held to only one violation.  She noted these bleachers were decided individually by the hearings official and were denied verification.  She understood that each bleacher would require its own permit.  She thought each bleacher should be considered its own violation.  She said last Saturday the car count was 63, 23 cars more than was allowed by the hearings official’s decision.  She believed that each car allowed over the limit should be an individual violation, otherwise it would be in the racetrack owner’s interest to consistently violate the car count because of the entry fees they charge per car.  She added the more cars the greater the impact on the community.  She didn’t think the speedway should have opened until they received all the land use permits that were issued for structures. She noted that was the directive given by Roger McGuickin dated October 7 of last year.  She commented if these violations were to continue the County should shut down the track.

 

Martin Kilmer, 1245 E. Adams, Cottage Grove,  indicated on April 15 of last year in a formal statement to the press (when permission to run was still in doubt) the Leach brothers promised to follow all applicable federal, state and local laws to bring the facility into compliance as quickly as possible and to create a family friendly environment.  He noted they had violated all of the commitments last year.  He said the County is allowing them to run again this year, despite the failure to comply with the specific parameters and requirements they were ordered to fulfill in order to run again.  He said the process of securing minimal restrictions has cost private citizens tens of thousands of dollars and time.  He said all of the restrictions indicated by the hearings official need to be fairly and aggressively enforced by the County.  He noted this has taken place for over two years and needs to stop.

 

Sorenson asked what the Board could do to help the citizens.

 

Kilmer responded the allowed number of cars to run on a given race night is 40.  He added they are not allowed to be racing at night.  He said they have not complied at all.  He thought the solution should be to shut them down until they are in compliance.

 

Dwyer stated the laws and rules apply to everyone.  He commented it isn’t right when someone ignores the rules and do what they want.  He said that Land Management needs to enforce the law and the code and they have to develop a definition of violation to include each vehicle over the amount and each offense so it is not in their interest to violate the law.  He said without those types of processes,  people would find it more advantageous to violate the law.

 

Green asked if there was evidence that Land Management Division was not enforcing the code.

 

Marc Kardell, Assistant County Counsel, said that Land Management is enforcing the code in that they are initiating fines.  He noted they had gone up from the first weekend and they will continue to rise.  He added that this past weekend was the first time the bleachers were involved. He said there are four or five conditions that they are fining them for and if this continues they would be looking at $10,000 for each weekend.

 

Dwyer asked if the public could mandamus Lane County to enforce the laws.

 

Kardell stated that fining was acceptable and there is nothing in the code that states they have to go for an injunction at any particular time.

 

Sorenson commented he didn’t think Lane County was being aggressive enough in the application of its land use code.  He noted the report that the racetrack owners who requested that the Board uphold the hearings official decision to allow them to appeal it,  weren’t being fair to the public. He said the Board should look at these issues strongly because they are not sending the correct message.

 

Pollyanna Lind, Northwest Coalition for Alternatives to Pesticides, 1249 Willamette, Eugene, discussed the Blue Mountain timber area.  She was disappointed that Lane County was considering the application of herbicides to that parkland as a management practice when other options and resources are in the community. She asked the Board if they do choose to use herbicides that they include some sort of language or guarantee in the motion that says that they would have the least amount of impact as possible, such as a hand application and that the least toxic products would be used that would minimize impact to humans and environment in the area.

 

3. COMMISSIONERS' REMONSTRANCE

 

Lininger stated Morrison finished her second year leading her group in AOC.  He thanked Don Ward from Land Management for his hard work.

 

Green responded to an article in the Register Guard, regarding the Springfield City Council’s deliberation around whether to put their transportation utility fee to a vote.  He said one of Springfield’s options was to not do it on the County’s willingness to increase their proportional share of the road funds.  He stated he was not a party to that conversation and would not agree with that.  He noted that Lane County always gives a proportionate share based on a formula.  He indicated if Springfield wanted that portion increased, then they go back into the CIP.  He wasn’t willing to give them any more road fund dollars.

 

Dwyer said he met with Van Vactor, and Mayors Torrey and Leiken about how much each entity would receive.  He said there were two choices for Springfield, to either repeal the fee or put it to a vote for the transportation  utility fee.

 

Sorenson thanked Green for giving the Eugene City Council a letter about changing Centennial to Martin Luther King Boulevard.  He thought it was an important issue for the community.

 

4. EXECUTIVE SESSION as per ORS 192.660

 

To take place at 11:00 a.m.

 

5. COMMISSIONERS' BUSINESS

 

a. ORAL REPORT BACK/State Marine Board Grant Language. (NBA & PM 3/18/03)

 

Tony Bieda, Intergovernmental Relations Manager, recalled that in the process of receiving a grant from the State Marine Board for improvements at Armitage Park, the issue was raised about  language that the state has that give the State Marine Board veto authority over any fee increase that would be attached to that facility for a period of 20 years.  He noted the Board had expressed some concern about the advisability of having that language modified or removed.  He said after making some initial inquiries with the Department of Justice, it was decided there was not a lot of response.  He noted under the Board’s signature they have sent a letter to Gary Weeks who runs the Department of Administrative Services asking that they identify within the Marine Board the language and negotiating the process instead of waiting for a response from the Department of Justice.  He said he will follow up with a phone call by the end of this week to see who the person would be.

 

b. ORDER 03-6-4-1/In the Matter of Adopting the 2003-05 Delinquency Prevention Plan, Including Budgets for the 2003-05 Juvenile Crime Prevention (JCP) Plan and 2003-04 Juvenile Accountability Incentive Block Grant (JAIBG) Plan.

 

Susan Sowards, LCOG, reported the Juvenile Accountability Incentive Block Grant comes before the Board annually for federal funds to pass through the Oregon State Police and to the counties for delinquency prevention.  She noted they were looking at reductions in the juvenile crime prevention funds.  She added they don’t know if there will even be any prevention funds.

 

Green noted what is shown on the board order is $185,309.  He said they still don’t know what the amount will be based upon the governor’s budget.  He noted the dollars they had received in the past won’t be the same.  He stated they were asking all counties to submit their plan and that is why it is in front of the Board.  He added the plan is based around the level of funding they have.

 

Lisa Smith, Department of Youth Services, explained in putting this plan together, the focus was to maintain a continuum of services.  She noted the funding has been reduced in the diversion area by 21%, the basic services area by 22% and in the prevention area (based on the governor’s recommended budget) over 50%.  She added they put restrictions on the prevention services so that things they funded in the past could no longer be funded in that area.

 

MOTION: to approve ORDER 03-6-4-1.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

c. REPORT/Extension Service.

 

Bo Freeman, Extension Service, reported what was taking place at the Extension Service. (Copy in file).

 

d. UPDATE/Facilities Capital Improvements Projects.

 

David Suchart, Management Services, reported they are working on the access hardware for this building.  He said they have applied for a grant through the Sheriff’s Office and are doing preplanning.  He said the child advocacy center will be brought to the Board next week and they will have to make a decision by June 18 with the contractor on whether to proceed.

 

With regard to the CIP development, Suchart received the Board’s priorities.  He didn’t agree with everything that was on the list.  He is working on financing to maximize use of the project.  He noted that elections came up high on both of their lists and they want to continue to work on elections. He noted that Family Law would be moving from the Umpqua Bank to the Mental Health facility on June 18 and they will be helping out with the rental and the payment of the bonds.

 

Suchart indicated the Harris Hall remodel was proceeding.  He said he will have samples of the carpeting.

 

Green suggested looking at other types of floor coverings.

 

e. PRESENTATION/Trail from Corvallis to the Sea.

 

Linda Modrell, Benton County, gave a presentation on the trail from Corvallis to the Sea.  (Copy in file).

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported he met with Public Works and the concept they put out for discussion was that the legislature might pass a transportation funding increase. He added since that money is not programmed, it might create a potential source of funding where they could assist the cities in Lane County and it wouldn’t interfere with any of their existing operations.  He said the agreement at the end of the meeting was for Public Works staff to discuss different formulas for that amount of money

 

Sorenson noted in the past three meetings with the mayors of Eugene and Springfield,  the cities and county are discussing how to work better with dollar issues.  He wanted the Board to help them with the structuring.He asked if they should make a proposal for the County.  He asked if the County should convene a meeting.  He said he has been frustrated in dealing with the cities.  He commented that Van Vactor had done everything to honor their request.  He said the maintenance issues the cities are facing are significant and they should try to work with them as much as possible.

 

Green commented that any meeting with the cities should be based upon actual and factual use of current dollars.  He wanted to see accountability on how funds are used before they allocate further dollars.

 

Morrison concurred.

 

7. PUBLIC WORKS

 

a. ORDER 03-6-4-2/In the Matter of Appointing One Member to the Roads Advisory Committee.

 

Lininger recommended Al King for the Roads Advisory Committee. 

 

MOTION: to approve ORDER 03-6-4-2.

 

Lininger MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

b. ORDER 03-6-4-3/In the Matter of Authorizing the Parks Division to Use Herbicides as Part of a Forestry Management Plan to Comply with the Forestry Practices Act at Blue Mountain Park Timber Areas.

 

Rich Fay, Parks, explained that Parks needs to comply with the Forest Practices Act at Blue Mountain timber areas.  He said they need to have an environmentally sensitive and cost effective method to be able to comply with the Forest Practices Act.  He stated that due to timing and the need to proceed, they are presenting the option of using certain herbicides in Blue Mountain, under certain conditions.

 

Todd Winter, Parks, noted they would be applying only the lowest risk, safest herbicide chemicals.  He said the federal government at the minimal levels is required to comply with the Forest Practices Act. He indicated their goal is to just apply enough of the herbicide to achieve the minimum levels to comply with the Forest Practices Act.  He added the environmental considerations include providing 50-foot buffers from environmentally sensitive areas, riparian zones, streams, and the Blue Mountain School.  He noted the 50-foot buffers are up to five times greater than the Forest Practices Law requires.He stated there would be ground application as opposed to aerial spraying.  He noted they would spray 1200 feet from the Blue Mountain School, 700 feet from the small ending stream, 500 foot to Mosby Creek and 200 feet near the park area  He added that manual and mechanical extraction will occur in those buffered areas.

 

Fay commented that this was the most affordable process they could use to comply with the Forest Practices Act.

 

Sorenson read a letter from Blue Mountain School.

 

Dwyer appreciated the way Parks addressed his concern about not having aerial spraying, but having site-specific spraying.  He hoped they would monitor the area and be judicious in the application of the herbicide, using it in the strictest manner and err on the side of caution.

 

Lininger asked what the next juncture of the forest would be for the enforcement of the Forest Practices Act.

 

Dan Green, Forestry Consultant, reported that Area A is an area where they are not currently in compliance, although State Forestry has continued to work with them instead of issuing a citation.  He thought if they were not in compliance, in a couple of years they would have to issue a citation.  He noted that Area B is in compliance but there are areas that are threatened by blackberries.  He added that Area C is in compliance but it is younger and may need some applications.  He said that Area D is planted and clean

 

Lininger said he would vote against this.  He wanted to make countywide application of pesticide consistent.  He wanted to wait until July until they have a new last resort ordinance  He didn’t see in this analysis that the pesticide application is a last resort.  He didn’t know if they had the money for mechanical and manual spraying. 

 

Dwyer commented that the last resort is a good concept.  He said they have 23,500 acres of timber with this area being over 400 acres.  He said the state forester is in charge and whatever practice they want to enhance the timber they use.  He thought that the last resort spraying was more for roadside spraying.

 

MOTION: to approve  ORDER 03-6-4-3.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 3-2 (Sorenson, Lininger dissenting).

 

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 5-03/In the Matter of Amending Chapter 2 of Lane Code to Revise Fees and Assessments (LC 2.900), Effective July 1, 2003, to Make Additional Revenue Available for Long-Range Planning in Land Management Division and Declaring an Emergency (Second Reading & Public Hearing: June 18, 2003, 1:30 p.m.). (NBA & PM 5/6/03)

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on June 18, 2003, at 1:30 p.m. for Ordinance  No. 5-03.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1189/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Text, Chapter III, Section D, Policy 13; Adopting an Exception to Statewide Planning Goal 15 Willamette River Greenway; and Adopting Savings and Severability Clauses (Second Reading and Joint Public Hearing: June 18, 2003, 6:00 p.m., Springfield City Hall)

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on June 18, 2003 at 6:00 p.m. for Ordinance PA 1189.

 

Dwyer MOVED, Morrison SECONDED.

 

Dwyer explained this was for expediting the bridge to build a temporary bridge.

 

VOTE: 5-0.

 

8. CONSENT CALENDAR

 

A. Approval of Minutes:  None.

 

B. Management Services

 

1)ORDER 03-6-4-4/In the Matter of Award of LCP 2003-02 for Ballot Inkjetting, Inserting and Mail Services.

 

C. Public Works

 

1)ORDER 03-6-4-5/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Asphaltic Mix Patching Material Needs During the Period of 7/01/03 to 12/31/03, Prospective Contract No. 03-M&S-53.

 

2)ORDER 03-6-4-6/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During the Fiscal Year 2003/2004, Prospective Contract No. 03/04-M&S-52.

 

3)ORDER 03-6-4-7/In the Matter of Releasing, Dedicating and Accepting Parcel ‘A’, in Suburban Manor, Book 35, Page 16, a Parcel of County Owned Real Estate, as a County Road (17-04-02-42) (Dean Avenue) (Co. Rd. No. 1512).

 

MOTION: to approve the Consent Calendar.

 

Morrison MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

9. MANAGEMENT SERVICES

 

a. ORDER 03-6-4-8/In the Matter of amending Chapter 2 of the Lane Manual to Adopt Provisions Implementing the Unclassified Services Portion of the Charter (LM 2.190 and 2.191).

 

Greta Utecht, Management Services, reported they have had inconsistencies between what the charter, the manual and the APM have called for  with regard to unclassified positions.  She noted currently there is only one designated  unclassified position type in their procedures and that is Extra Help.  She noted the commissioners’ assistants are considered extra help employees and are restricted to working to 520 hours.  She stated they have had retirements that have happened within a week’s period.  She said that was difficult in managing operations and continuing services if they didn’t have a mechanism by which they could re-hire the people for a short term.  She said they built two new types on charter language.  She said it establishes in the Lane Manual the ability to hire people, part-time and classified and professional in addition to extra help.  She noted they were describing part-time having less than 2,080 hours or 12 months.  She added this position is for non-represented employees. She said this was meant for a special project or a position they don’t currently have at the County.  She added if the position goes beyond 12 months or 2,079 hours, then the position is completed.  She noted they made it consistent with the charter.  She stated the Lane Manual, the charter and APM’s will all be in alignment.

 

Dwyer stated they already had the ability to utilize people.

 

MOTION:  to approve ORDER 03-6-4-8.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 4-1 (Dwyer dissenting).

 

b. ORDER 03-6-4-9/In the Matter of Creating a Classification and Salary Range for Supervising Senior Accountant.

 

Cindy Tofflemoyer, Management Services, explained this is a request to create a classification and salary range for a supervising senior accountant to be utilized in financial services.  She indicated that financial services have been charged with a broader range of fiscal reporting for the County.  She added that this new classification will lead the preparation of the County’s financial statements as well as provide support for departmental accounting staff and supervision for financial services staff.  She noted the classification requires direct involvement and responsibility in interfacing with departmental management in the area of rate proposals, accounting changes and recommendations and representing the County and outside organizations.

 

MOTION:  to approve ORDER 03-6-4-9.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

  10. RIS

 

a. ORDER 03-6-4-10/In the Matter of Award of Contract for RFP No. RIS01/02-05 for an Area Information Records System (AIRS) Public Safety Integrated Suite of Applications to Include: a Records Management System for Law Enforcement, a Field Reporting System for Law Enforcement, a Computer Aided Dispatch System, a Mobile Computing System, a Courts Case Management System, Along with Integration Functions for These Applications and the Recently Implemented Offendertrak Jail Management System.

 

Paul White, RIS, stated they were requesting an award of contract for an RFP that was issued several months ago for a new justice and public safety computer system.  He said once it is awarded, they will be starting a two-year project where they will have a phase one year, where they will install a new emergency 911 dispatch system.  He added they will also add a mobile wireless interface that would allow police and fire vehicles to have access to emergency dispatch functions. He noted following that, they will be completing a second phase, where there will be a law enforcement record system installed, a field base reporting system that allows police to do reporting from their vehicles, a court system that will be used by Lane County Justice Courts in the city of Eugene and Springfield Municipal courts and integration of the components with the existing jail management system.  He added they would be eliminating the mainframe processing.

 

White said this had been supported financially and through staff participation by all law enforcement organizations in the region.  He noted that more than 50 staff members have been participating in the development of the RFP.

 

White explained that the purchase price for this is $4.55 million.  He noted there are 21 separate payment points.  He said that half of the money goes for the first phase of the first year and the other half goes for the second year.  He added they have an $8.5 million project budget authorized by the AIRS executive steering committee.  He noted about $2 million of that had been spent.  He said they are expecting the money to be provided partially by federal grants of $1.7 million.  He noted that Lane County will be paying $1 million of that and the other cities will pay $1.8 million.  He explained they are getting a public safety and justice system that costs more than $4 million but less than 25 cents on the dollar.

 

MOTION:  to approve ORDER 03-6-4-10.

 

Green asked if Trina Laidlaw, Assistant County Counsel, approved this matter.

 

Laidlaw noted the board order stated to move approval for a contract in substantial conformity.  She said they are continuing to work in fine tuning some of the language but they think they have all of the major provisions.  She indicated that is  working on how the exact language is going to be.  She added if the company goes away and is not able to complete their performance, Lane County can get into an escrow if they needed to.

 

Morrison MOVED, Lininger SECONDED.

 

VOTE: 5-0.

 

  11. COMMISSIONERS' ANNOUNCEMENTS

 

Green announced he participated in a dedication of the Willamette Valley Babe Ruth Association.

 

 

  12. CORRESPONDENCE TO THE BOARD

 

a. Resignation Letter from Tom Lininger.

 

Sorenson indicated that Tom Lininger had submitted his letter of resignation to the Board giving formal notice that he will resign from the Board of Commissioners effective August 15, 2003.

 

Lininger thanked the commissioners and staff and apologized for any inconvenience that he might have caused.  He asked the Board to replace his position as soon as possible.

 

Sorenson asked if the letter did in fact trigger a vacancy on August 16.

 

Wilson indicated that was her reading of the letter, and the effect of ORS 236.325 that discusses the resignation of office effective at a future date.  She noted that particular statute makes his resignation letter binding three business days after the letter was written.  She noted that time had come and gone.

 

Sorenson asked if an election and an appointment by the Board are the only two options they have for choosing Lininger’s replacement.

 

Wilson responded the governor could also make an appointment but as long as they have a majority of the Board in existence those were the options.  She added the five commissioners could participate in the selection and interview process but the way the statute is laid out, it is only after the vacancy exists that the Board takes a vote to make an appointment.  She said they could choose to have a preferred candidate and take the vote on August 16.

 

Green hoped that whatever process they choose that it is straightforward.  He suggested interviewing three or four candidates.

 

Lininger asked what the interview process would be like.

 

Wilson noted the Board could design the process they want.  She stated in the past there had been an application process.  She said the application asked questions that pull out the qualification information.  She added there were about 10 questions that the commissioners decided on that they wanted everyone to give written answers to.  She noted the commissioners had picked the top three to five candidates who were invited to an interview.  She added it was done in public at a Board meeting.

 

Sorenson suggested getting together some past application formats so the Board could review the ones in the past and could provide feedback on what should be in the application.  He suggested that Wilson provide enough questions so the Board would have a sense of how the other process had been and asked the board to send the questions into the agenda team and the agenda team will look at those questions.

 

Green wanted questions asked by the citizens of East Lane County.

 

Dwyer wanted the question asked of the applicant, if they intended to seek election after the unfilled portion of the term. 

 

Van Vactor suggested having Melinda Kletzok, Public Information Officer, put out a press release for the citizens of East Lane County to submit questions they wanted asked.

 

Wilson stated the consensus was that the Board wants an application and interview process. 

 

Sorenson agreed that all commissioners wanted an application process.  He wanted the candidates to also fill out a Lane County Application form.

 

Sorenson indicated the agenda team would sort through the questionsHe said the deadline for the questions would be June 16 and on June 17 the agenda team could finalize the written application and the Board could approve it on June 24 or 25.  He didn’t want to rush the process.

 

  13. EMERGENCY BUSINESS

 

a. ORDER 03-6-4-11/In the Matter of Approving Application and Acceptance of a $745,125 Grant from the 2003 Technology Grant Program of the U.S. Department of Justice Office of Community Oriented Policing Services (COPS).

 

White explained that the reason for the emergency is that there had been an error in Washington, D.C. in the characterization of the grant that they discovered.  He said they are behind schedule and he wanted approval.

 

Dwyer asked if there was any substantial non-conformity with what is required of the grant.

 

Laidlaw said they would look at the strings that are attached to the money.  She stated in the board order itself it includes a phrase about meeting the needs of legal counsel approval for conditions. 

 

White indicated they had accepted two other grants under the same program where they believe the conditions will be the same and acceptable.

 

MOTION:  to approve ORDER 03-6-4-11.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

There being no further business, Commissioner Sorenson adjourned the meeting at  3:30 p.m..

 

 

Melissa Zimmer

Recording Secretary