BOARD OF COMMISSIONERS'

REGULAR MEETING

October 29, 2003

following HACSA

Commissioners' Conference Room

APPROVED 11/25/03

 

Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Don Hampton and Anna Morrison present. Bobby Green, Sr. was excused.  County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1.  ADJUSTMENTS TO THE AGENDA

 

Sorenson noted there is an Emergency Item on the Justice Pro Tem.  He announced 9. a). would be taken in the afternoon.  He noted the Volunteer Luncheon was going to take place at noon and they had to end the meeting by 11:45 a.m.

 

Wilson requested item 7. C. 1) be pulled. 

 

Sorenson added an Animal Task Force discussion item under 5. b.

 

2.  PUBLIC COMMENTS

 

Galen Phipps, 2485 Roosevelt, Eugene, reported that November is National Runaway Prevention Month.  He said through the month of November Looking Glass and Safe and Sound is putting together events that bring awareness to runaway situations that are a national and Lane County issue.  He noted nationally between 1.3 and 2.8 million youth run away from home each year.  He said no runaway situation is the same and locally at Station 7, 1,600 youth and families are served each year.  He said 300 families receive emergency shelter.  He said Safe and Sound had identified 3,100 runaway, homeless and at risk youth in the community last year.  He wanted Lane County to get ahead of the problem. He said their goal is to return youth home or find safe housing.  He encouraged the Board to support the Lane County Commission on Children and Families to organize a group to put together a competitive proposal.

 

Lorraine Still, 83076 North Bradford Road, Creswell, urged the Board to remember the ones who would be the most affected by the LCARA task force recommendations if enacted.  She commented that pet owners, fanciers and breeders deserve to be treated as valuable members of the community.

 

Bob Still, 83076 North Bradford Road, Creswell, said he and his wife have not been members of the LCARA task force.  He said there had been opportunities for them to get on but they weren’t chosen.

 

Janetta Overholser, 30300 Cottage Grove Lorane Road, Cottage Grove, said she is with the Humane Society of Cottage Grove and the LCARA Task Force.  She noted Lane County said they had its share of money for the cattery, providing the City of Eugene came up with its share, which they had not.  She had been attending the Eugene City Council meetings.  She said the councilors are beginning to talk as though the cattery is going to be looked at again. She submitted signatures to the City of Eugene asking for their support of the cattery. She hoped that Lane County’s money was still available to get the cattery opened.  She noted the task force has been working on a way to get stable funding for LCARA

 

Kitty Piercy, 1371 W. 4^th, Eugene, stated she chairs the Commission on Children and Families.  She hoped the Board would work with them to prevent runaways.  She hoped the Board would endorse a proclamation and join the Commission on Children and Families in doing an opinion piece for the newspaper to get information out about how to prevent young people from running away.

 

Ann Marie Bilderback, 1188 Olive St, Eugene, stated she is with Prevention and Recovery Northwest.  She said they provide outpatient drug and alcohol treatment for adults and prevention services for students in school. She noted they have been around for 25 years but they are not well known.  She passed out information packets on the agency.  (Copy in file). She hoped the Board would keep the funding in place.

 

Al Phillips, P. O. Box 2146, Eugene, stated he had attended the LCARA Task Force meetings and he had witnessed hard work by the members.  He was worried that they had gone beyond the parameters.  He said the task force was asked to create ways to fund LCARA with six sub points.  He asked the Board to take time to go through the task force report because there are many items that don’t deal with the present but the future.

 

3.  EMERGENCY BUSINESS

 

ORDER 03-10-29-20/In the Matter of Appointing a Justice Pro Tempore for the Upper Willamette Justice Court for One (1) Year.

 

MOTION:  to approve ORDER 03-10-29-20.

 

Hampton MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

 

4.  COMMISSIONERS' REMONSTRANCE

 

Sorenson noted today at the Lane County Fairgrounds there will be a deployment ceremony for the Oregon Army National Guard.  He noted it is the largest deployment of citizen soldiers in state history.

 

Dwyer said he empathized with the families of the servicemen going to Iraq.  He was concerned because there are no policies to support the families of troops brought into active duty without any way to subsidize their expenses.  He hoped they could find a way to supplement the income.

 

5.  COUNTY ADMINISTRATION

 

a.  Announcements

 

Wilson reported there was no County Administration report as Van Vactor was attending an emergency exercise. 

 

b.  DISCUSSION/Animal Task Force Report and Consideration by the Board

 

Sorenson explained that yesterday the Agenda Team discussed the timeline for the report.  He recalled the Board of Commissioners appointed a citizen task force in August 2002 with an objective laid out in the Board Order.  He noted the task force had been working and the conclusion of the report was set for November 15, 2003. He said the Agenda Team suggested the task force submit its report before Monday, November 17, 2003 at 5:00 p.m.  He understood the task force was concerned that if they set up an initial briefing for the Board on November 25, (because it was two days before Thanksgiving), that some of the task force members might not be able to attend.  They requested it be put on the agenda for December 3.  He said the Agenda Team has tentatively set up December 3 in Harris Hall for the issue and to have the task force members present.

 

Dwyer commented the acceptance of the report when they receive it is just to receive the report.  He stated Lane County couldn’t control what the cities do in the incorporated areas.  He added they also don’t control animal limits within cities.  He said they are the product of the respective cities.  He said they have to find a middle ground and work together.

 

Morrison noted there had been a concern or request made that the report not be made public until the presentation on December 3.  She agreed they should read the document before the December 3 meeting so they could be better versed.

 

Dwyer stated the report is public record.  He wanted it in draft form.  He added it is only a draft form until the Board accepts it.

 

Suchart asked if his comments should be part of the task force report.

 

Sorenson suggested that once the task force report is completed it would be distributed by December 3 when it is put on the agenda.  He noted then comments by staff would be appropriate.

 

6.  PUBLIC WORKS

 

a.  ORDER 03-10-29-1/In the Matter of Approving a Project Design Concept for North Game Farm Road MP 0.413 to MP 1.69 Based on the Design Concept in Exhibit B; and Authorizing Staff to Prepare A Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions and Prepare Plans and Specifications for Improvement of Said Road.

 

Sonny Chickering, Public Works, discussed the design concept for North Game Farm Road.  He noted they moved this project through their Capital Improvement Program.  He said they had a series of meetings, an open house in July, followed by a Roads Advisory Committee public hearing.  He said the Roads Advisory Committee for a 30-day public comment has made a recommendation.  He said they received two additional written comments but there were not sufficient opposition to the project to schedule a public hearing. He said they were asking the Board for their approval of the project.

 

Chickering noted the intersection of Game Farm Road and Crescent had been a concern to residents for a number of years.  He said they had done traffic signal warrants and there is a need for a traffic signal at that intersection.  He said their recommended alternative did include a traffic signal being installed.  He noted there are three alternative designs for the intersection and two would include a traffic signal.  He stated one option would be to realign Armitage Road, separating it from the Crescent intersection but it would not provide a signal for them to get on to the roadway. He noted Option 1 is where they realign Armitage Road to form a traditional four-way with Crescent.  He added the third option was for a roundabout design.

 

Chickering explained the recommendation of the Roads Advisory Committee is to have a traditional four-way intersection with a traffic signal.  He added this would include adding a traffic signal at Coburg Road.

 

Chickering noted the roadway as proposed is a three lane roadway with one travel lane in each direction with a shared center turn lane.  He explained because this was on the urban growth boundary line, they have residents on the west side of the road within the city limits and the east side are outside the urban growth boundary.  He noted the expectation is preserving a rural nature to the road.  He thought this concept was effective and prudent. 

 

Dwyer thought it was a reasonable way to do it.

 

Chickering noted an issue the local residents are concerned about is speed on the road.  He said currently the road is posted basic rule.  He added it was similar to how the residents felt on River Road, requesting a speed study from ODOT.  He said the Roads Advisory Committee recommended that a speed study be performed prior to construction.  He said the advantage to waiting is they build the urban improvements and the speed might drop.

 

Chickering explained the realignment of Armitage Road to Crescent would require a special use permit that would have to be processed through Land Management.

 

MOTION:  to approve Option 1 of the re-alignment of Armitage Road for ORDER 03-10-29-1.

 

Hampton MOVED, Dwyer SECONDED.

 

Morrison’s concern is that currently there is not a lot of opposition for this work.  She said they do public outreach and neighborhood work and when they start working on the project, the neighbors protest.  She wanted the Board to be prepared.  She thought this project was fine and she would support it but thought they would end up spending extra dollars.

 

Sorenson said if the goal for this was to alleviate a traffic problem, then he was for it. 

 

Hampton stated the Board was trying to correct a safety problem because they know the traffic will increase and they want to make that part of the road as safe as possible.

 

VOTE: 4-0.

 

7.  CONSENT CALENDAR

 

A.  Approval of Minutes:

July 17, 2003, Joint BCC/Lane County Fair Board Meeting, 11:45 a.m.

October 1, 2003, Regular Meeting, 9:00 a.m.

October 1, 2003, Regular Meeting, 1:30 p.m.

October 15, 2003, Regular Meeting, 9:00 a.m.

 

B.  County Administration

 

1)  ORDER 03-10-29-2/In the Matter of Appointing a Member to Fill a Vacancy on the Public Safety Coordinating Council.

 

C.  County Counsel

 

1)  ORDER 03-10-29-3/In the Matter of Delegating Authority to the County Administrator to Execute a Lease with the Oregon Military Department.

 

D.  Health and Human Services

 

1)  ORDER 03-10-29-4/In the Matter of Accepting Intergovernmental Agreement No. 2942 with the Oregon Department of Corrections for the Period from November 1, 2003 through June 30, 2005 in the Amount of $16,233,539.

 

2)  ORDER 03-10-29-5/In the Matter of Accepting a Grant from the Federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) for $100,000 for the Drug-Free Communities Support Program.

 

E.  Management Services

 

1)  ORDER 03-10-29-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Michael and Dena Trudell for $3,000 (Map # 16-01-18-40-00100, Adjacent to 38482 Wendling Road, Marcola).

 

F.  Public Safety

 

1)  ORDER 03-10-29-7/In the Matter of Accepting a State Domestic Preparedness Equipment Program Grant in the Amount of $92,500 and Delegating Authority to the County Administrator to Execute the Grant Document and All Other Related Documents.

 

2)  ORDER 03-10-29-8/In the Matter of Approving Amendment No. One (1) to Pharmaceutical Services Agreement With Contract Pharmacy Services, Inc. to Provide Inmate Pharmacy Services to Lane County Adult Corrections Facility.

 

G.  Public Works

 

1)  ORDER 03-10-29-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1135 (Bryson-Sears Road) (20-03-25).

 

2)  ORDER 03-10-29-10/In the Matter of Releasing and Dedicating a Parcel of County Owned Real Estate, as a Public Road. (17-03-19) (Robin Hood Ave.) (Co. Rd. No. 1792).

 

3)  ORDER 03-10-29-11/In the Matter of the Vacation of a Portion of Pine Street Located Between Blocks 36 and 37 of the Amended Plat El Carmel Addition to Glenada, as Platted in 1914, and Recorded in Book 7, Page 14, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (19-12-02-32).

 

4)  ORDER 03-10-29-12/In the Matter of Awarding a Contract to McKenzie Commercial Contractors, Inc., in the Amount of $157,290.00, for Florence Zone Shop Miscellaneous Improvements - 2003, Contract #03/04-04.

 

5)  ORDER 03-10-29-13/In the Matter of Authorizing the Sale of Non-Exclusive Easement for Ingress and Egress Across a Portion of County-Owned Road Fund Real Property Located Near Nebraska Street in Eugene and Identified as Tax Lot 1500 on Map 17-04-28-11 to Corey Hubbard and Gayle Hubbard.

 

H.  Youth Services

 

1)  ORDER 03-10-29-14/In the Matter of Awarding a Contract to Oregon Social Learning Center for $101,304 to Provide Treatment Foster Care for High-Risk, Delinquent Youth Referred by the Lane County Department of Youth Services.

 

2)  ORDER 03-10-29-15/In the Matter of Awarding a Contract to Looking Glass Youth & Family Services, Inc. for $238,414 to Provide Shelter Care for Delinquent Youth Referred by the Lane County Department of Youth Services.

 

Sorenson stated they are pulling item 7. C. 1).

 

Dwyer had questions about 7. G. 3).

 

MOTION:  to move approval of the balance of the Consent Calendar.

 

Dwyer MOVED, Hampton SECONDED.

 

VOTE: 4-0.

 

G.   3)  ORDER 03-10-29-11/In the Matter of the Vacation of a Portion of Pine Street Located Between Blocks 36 and 37 of the Amended Plat El Carmel Addition to Glenada, as Platted in 1914, and Recorded in Book 7, Page 14, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (19-12-02-32).

Tom Drechsler, Land Management, explained he was involved with the work on this matter.

 

Sorenson asked if a citizen initiating the vacation instead of the surveyor’s office causes a vacation.

 

Drechsler indicated that the landowner initiates a majority of them.  He said the fees are $650 for a vacation without a public hearing and $1,500 with a public hearing.  He said there is a requirement by state law that if the petitioner’s don’t include 100% agreement of the abutting landowners, they are automatically bumped up to the public hearing process.  He said they also look at the public good, to see if there is any potential damage caused by any vacation.

 

Dwyer noted the Board vacated the other portion of the road in 1996.  He asked why the County doesn’t vacate the whole road.

 

Drechsler explained in this case the road provides access to a number of properties.  He said no one’s property could be landlocked.  He noted in 1996 the County vacated the entire road that was internal to the Saari ownership.  He said they had since acquired an additional lot from the neighbor to the north.

 

Sorenson commented the legal standard for the decision by the Board under a vacation of a County road is asking if it is in the public’s interest.  He asked if there had been any litigation where the County says it’s in the public interest, makes the road vacation, but a party that was against the road vacation appeals.

 

Dreschler was aware of some litigation in Lincoln County over a road vacation.  He noted the vacation was entirely within the ownership of the Saari property.

 

MOTION:  to approve ORDER 03-10-29-11.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 4-0.

 

8.  HEALTH AND HUMAN SERVICES

 

a.  ORDER 03-10-29-16/In the Matter of Accepting a Grant from the U.S. Department of Justice, Office of Justice Programs, in the Amount of $250,000 for Sex Offender Management Services; Increasing Revenues and Expenditures in the Department of Health & Human Services Budget (Fund 286) by $90,420; and Establishing a .68 FTE Mental Health Specialist in the Department of Health & Human Services.

 

MOTION:  to approve ORDER 03-10-29-16.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE:  4-0.

 

9.  MANAGEMENT SERVICES

 

a.  ORDER 03-10-29-17/In the Matter of Award of Bid LCP 2003-04 for Optical Scan Vote Tabulation System.

 

David Suchart, Management Services, explained they followed the normal process for award of bids.  He noted they had three bids submitted but one was late.  He said Annette Newingham, Elections, evaluated the two remaining systems and the decision was to award the bid to Sequoia Voting Systems.  He asked the Board to accept the bid

 

Newingham noted with the optical scan they would be following the same process they used with punch cards.  She added all of the programming is done in-house.

 

Sorenson asked if there were expenses beyond $540,000 (the cost of this system) that the state would not reimburse to Lane County.

 

Newingham responded the state would only reimburse $469,000.  She added Lane County would have to budget for any ongoing costs for additional printing.  She stated because revenues in recording had been higher than expected, they would be able to appropriate the money from extra revenue. She stated this system would be better for the voters, as it is easier, but it won’t eliminate any work steps.

 

MOTION:  to approve ORDER 03-10-29-17.

 

Morrison MOVED, Dwyer SECONDED.

 

Suchart explained that now they know they will use this bid, he would work on his budget and put this into the next supplemental budget to appropriate the money.

 

Sorenson asked what the timeline would be.

 

Newingham responded they would work on the contract that is part of the state certification of the software system.  She said this system is certified on a national level and is scheduled for November 13.  She said they are going to try to have it by December in anticipation of a February election.  She added their filing deadline would be December 9.  She wanted to use the system for the February election.

 

VOTE: 4-0.

 

b.  ORDER 03-10-29-18/In the Matter of Appointing Three (3) New Members, Two (2) Associate Members, and Reappointing One (1) Member to the Human Rights Advisory Committee.

 

Laura Yergan, Management Services, said they had three vacancies: two new associate members and reappointing one member to the Human Rights Committee.  She said the new members for recommendation are Mark Lindberg, Karen Lundblad and Devin Muchmore. Leslie Scott is the re-appointee.  Yergan explained that James Mattiace who was a regular member asked to be moved to an associate due to his changing schedule.  She added that Devin was a youth member.

 

MOTION: to approve ORDER 03-10-29-18.

 

Morrison MOVED,  Hampton SECONDED.

 

VOTE: 4-0.

 

10.  CORRESPONDENCE TO THE BOARD

 

a.  Letter from Hershner, Hunter, et. al. - Fern Ridge Dam Repair/Junction City Water Control District.

 

Sorenson said this was a letter from the attorney for the Junction City Water Control District.  He dealt with the draw down of the Fern Ridge Reservoir.  He noted the Board of the Junction City Water Control District thinks it should advocate for construction methodology that results in repairs being accomplished without any interruption in irrigation.  He said it affects the Lane County Parks Division because if they get a big draw down, it means they won’t have the revenue for Parks Division and there could be impacts of $2 to $3 million on downstream irrigators.

 

Morrison stated she attends water district meetings.  She said that because the size of the project is constantly changing (from $3 million to $12 million in the design) there are questions.  She added the Chamber of Commerce of Veneta also wanted to participate because of impacts to businesses.  She thought Branch and Polk Engineering could do a precursory look for about $15,000 at the Corps of Engineers’ initial design.  She said it had been discussed that the fee would be split in thirds. She added this would be on the agenda of the United Front trip.  She said the water district thinks they need someone who is knowledgeable about this to review the Corps of Engineer’s final report.

 

Sorenson requested that Bill Van Vactor write a letter informing the lawyers for the water district that they will take this up for a work session.  They are going to ask Parks Division staff to prepare materials.  He wanted the water district to provide materials that would aid in the discussion at the Board level to the Parks Division.

 

11.  COMMISSIONERS' ANNOUNCEMENTS

 

Dwyer announced he spoke to the senior class at the new Cottage Grove High School.

 

Morrison stated tomorrow and Friday she would be attending meetings for DLCD and OCZMA.  She applauded the Siuslaw Football Team for the game they played against Marist.

 

Hampton stated he went to the Regional Investment Board meeting.  He noted they were finalizing how they were going to be distributing their money for this biennium.  He said on Saturday he would be attending a meeting of the McKenzie Homeowners Association.  He announced on Friday November 7, the Regional Fiber Consortium and Fiber South are going to meet in Cottage Grove to do long range planning.

 

Sorenson stated he would attend Mike Perkins’ retirement party.  He said they received a request from the City of Springfield to postpone the November 3 meeting.  He announced he is having a town hall meeting on November 4 about conservation.  He said he was going to be on Dan Carlin’s radio show on Monday, November 3.

 

12.  EXECUTIVE SESSION as per ORS 192.660

 

None.

 

14.  OTHER BUSINESS

 

Letter to Governor regarding Kari Westlund

 

MOTION:  to move to send the letter to the Governor.

 

Dwyer MOVED, Morrison SECONDED.

 

Sorenson stated the letterhead should have the Board’s names, not just his name.

 

VOTE: 4-0.

 

There being no further business, Commissioner Sorenson recessed the meeting at 11:35 a.m.

 

 

Melissa Zimmer

Recording Secretary