BEFORE THE BOARD OF COMMISSIONERS County of Lake County State of Oregon REGULAR SESSION

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1 BOARD OF COMMISSIONERS MEETING MINUTES February 7, 2007 BEFORE THE BOARD OF COMMISSIONERS County of Lake County State of Oregon REGULAR SESSION The Lake County Board of Commissioners met in Regular Session on Wednesday, February 7, 2007 at 10:02 a.m. The following members were present: Chair, Bradley J. Winters, Ken Kestner and Dan Shoun. Also present: Legal Counsel Jim Bailey, Road Master Rick DuMilieu and Administrative Assistant Bob Pardee. Additions/Deletions: Mental Health Advisory appointments Conditional Use extension Building Department Tony West discussed the information he has gathered regarding hiring a Permit Specialist to fill the position that is open in the Building Department. The goal is to provide depth in the Building Department to accommodate the growth throughout the County. The career path for this position, should the top level be reached, could be a fully qualified Building Official. Discussion followed regarding the hiring, training and job description for this position. By consensus, the Board of Commissioners agreed that as Liaison, Commissioner Kestner will work with the Business Manager and the Department Head to refine the job description and get the position posted. Business Department By consensus, the Board of Commissioners approves the Fiscal Year 2008 Budget Schedule as presented. Business Manager Robin Drinkwater summarized the discussion regarding County Credit Cards, and who would keep these cards and what their use would be. By consensus, the Board of Commissioners agreed to have the Business Department and the Treasurer s Office pursue a process for obtaining these two credit cards, and to bring a policy for their use before the Board. years. Commissioner Winters reviewed the Contingency Fund transfers for the past five Meeting adjourned to Executive session under (2) (b) at 10:30 a.m. Meeting resumed at 11:25 a.m. February 7, Board of Commissioners Regular Session Minutes - Page 1 of 6

2 Five minute break at 11:26 a.m. Meeting resumed at 11:31 a.m. Hearing opened at 11:32 a.m. Continuation of Appeal of Conditional Use Permit #1089 for Dave Elmore Commissioner Winters summarized that this had been continued in order to gather information. Planning Director Lisa Bowler reviewed the additional information that the Planning Director had provided, including the legal map and description of the property in question, previous correspondence from former Planning Director Ray Simms, and taxation information regarding the lot and the personal property taxes. Ms. Bowler also identified four additional nonconforming businesses that exist within approximately one mile of Mr. Elmore s location. Options were discussed as to what the Board of Commissioners might consider. The Elmore s had no further questions or comments. Commissioner Shoun commented that he was opposed to this action in the previous hearing, and indicated that he appreciates the additional information. Hearing closed at 11:45 a.m. Commissioner Winters indicated that the letter from Mr. Simms in 2004 is critical, and that Mr. Elmore has consistently followed tax and permitting rules. Commissioner Shoun indicated that there is great community support for Mr. Elmore s business, and that Mr. Elmore seems to have conducted business in an appropriate manner. There was no opposition. Commissioner Kestner weighed in by stating that this makes economic sense for the area, and that this expansion would better facilitate the use of the property. There will also be a multitude of complaints and/or decisions to make in the region in the future due to the zoning issues that exist. and carried unanimously; the Lake County Board of Commissioners hereby overturns the Planning Commission s decision regarding Conditional Use Permit #1089 for Dave Elmore, and directed Staff to prepare the findings. Road Department By consensus of the Board of Commissioners, Chairman Winters is authorized to sign Right-of-Way Permit # for Harvey Childress, Permit # for Centurytel and Permit # for Centurytel as presented. Special Transportation Funds February 7, Board of Commissioners Regular Session Minutes - Page 2 of 6

3 the Special Transportation Fund quarterly reports for the Inner Family Court Center, Lake County Senior Citizens and Lake County Mental Health as presented. Mr. Pardee updated the Board of Commissioners on discussions with the Association of Oregon Counties (AOC) and Mr. David Raphael regarding the Special Transportation Plan. Meeting broke for lunch at 12:00 p.m. Meeting resumed at 1:15 p.m. Mental Health By-Laws and Advisory Board Commissioner Kestner asked Eric Shpilman why the Mental Health Advisory Board is comprised of seventeen members. Mr. Shpilman started by reminding the Board that he is not the authority on the Mental Health Advisory Board. He went on to say that the group began to expand to what seemed appropriate for the community. Commissioner Kestner asked about the term limits on the bylaws. Mr. Shpilman indicated that the Board of Commissioners would make the final decisions, just as they do with other committee appointments. Commissioner Kestner suggested various changes, including Bylaw #6 regarding the frequency of updates from the Mental Health Advisory Board to the Board of County Commissioners. It will become the responsibility of the Vice Chair in the absence of the Chair to present these updates. and carried unanimously; the Lake County Board of Commissioners hereby accepts the new bylaws for the Mental Health Advisory Board as provided and amended to supersede the previous bylaws. the Mental Health Advisory Board organizational chart as presented. Five minute break at 2:00 p.m. Meeting resumed at 2:05 p.m. and carried unanimously; the Lake County Board of Commissioners appoints the following people to the Mental Health Advisory Board: Sheriff Phil McDonald, Eric Shpilman with Juvenile Services, Pastor Ray Finch from the Ministerial Association, Cindi Nolan with the United States Forest Service, Pat Widinoja Nurse Practitioner at the North Lake Clinic, Kenneth Landau with Lake District Health Services, Charley Tracy with the Department of Human Services, Hayley Roarke with New Beginnings Intervention Center, Tami Johnson with Lake County School District #7 as presented. The following members were also appointed: Joe Rosales, Connie Steward, Randy Utley, Pamela Morse, Mike Shults, and Joyce Wilson. February 7, Board of Commissioners Regular Session Minutes - Page 3 of 6

4 Commissioner Winters moved to appoint Mr. Utley as Chair and Ms. Steward as Vice Chair, but the motion died for lack of a second to the motion. and carried unanimously; the Lake County Board of Commissioners hereby appoints Mr. Randy Utley as Interim Chair and Ms. Pamela Morse as Vice Chair. Central County and Community Corrections will be addressed at the February 21 meeting. Commissioner Kestner, as Liaison, will gather information regarding the first action items for this new advisory group. Road Department Road Master Rick DuMilieu discussed the meeting he attended with other Road Masters on February 6, The topic of the meeting was regarding the impact of the PL-106 expiration. All Counties appear to be having a significant impact in overlay, maintenance, staffing and future considerations. The Board reviewed the documents handed out in the meeting regarding the financial impact around the State. Discussion followed regarding the need for Lake County to make its voice heard at a State level regarding just how critical the impact is of losing this $3.5 million in funding for the County. There is a need to bring awareness to changing the alternate formulas for various State of Oregon funds that will be distributed to Lake County. Commissioner Shoun suggested that it will be important to meet with Mr. DuMilieu to make sure that all the facts are fully understood, and to establish immediate communications at a State level. Commissioner Winters indicated that he will be meeting in Medford with Representative Walden, and that Commissioner Kestner will be meeting in Lakeview with Representative Ron Wyden soon. Business Department Business Manager Robin Drinkwater reviewed the worksheet regarding contingency transfers. Discussion followed regarding a Contingency Assumption for Fiscal Year Ms. Drinkwater indicated that $200,000 appears to be an appropriate amount for the Contingency Assumption. Ms. Drinkwater indicated that the Federal Cost of Living Adjustment is at 3.3%. She then suggested building in a buffer amount at 3.5%, considering that this is a year in which contract negotiations will occur. The Board agreed that this was a good starting point. The Budget Committee has received only one letter of interest in the open position. and carried unanimously; the Lake County Board of Commissioners hereby appoints Mr. Charles R. Graham to the Budget Committee as presented. February 7, Board of Commissioners Regular Session Minutes - Page 4 of 6

5 Ms. Drinkwater indicated that she has scheduled a Performance Management session for March 23 at 9:00 a.m. for department heads as well as a comparable training session for shift leads, foremen and senior employees on March 22 at 3:00 p.m. The County Staff Meeting is scheduled for February 13 th at 1:00 p.m. Property Vacations Upon motion by Commissioner Winters, seconded by Commissioner Kestner Resolution # a In the Matter of the Vacation Proceeding of Certain Public Land Within Lake County as presented. Resolution # b In the Matter of the Vacation Proceeding of Certain Public Land Within Lake County as presented. Resolution # c In the Matter of the Vacation Proceeding of Certain Public Land Within Lake County as presented. Community Development Policy This item was tabled until the next meeting. Meeting Minutes Upon motion by Commissioner Winters, seconded by Commissioner Kestner and with Commissioner Shoun abstaining; the Lake County Board of Commissioners hereby approves the meeting minutes for December 29, 2006 as presented. Legal Legal Counsel Jim Bailey reported that the suit by Ms. Toni Albertson has been dismissed from Federal Court. and carried unanimously; the Lake County Board of Commissioners hereby directs Legal Counsel Jim Bailey to draft language to modify the Measure 37 form as discussed. Retired to Executive Session Under (2) (h) Five minute break at 3:10 p.m. Meeting resumed at 3:15 p.m. Meeting resumed to public at 3:27p.m. and carried unanimously; the Lake County Board of Commissioners hereby accepts the mutual agreement between Innoprise and Lake County as presented. February 7, Board of Commissioners Regular Session Minutes - Page 5 of 6

6 Retire to Executive Session Under (2) (b) at 3:30 p.m. Resume meeting to public at 4:09 p.m. and carried unanimously; the Lake County Board of Commissioners agrees to give an individual employee the opportunity to resign by 5:00 p.m. on February 16, 2007, or the employee will be terminated without further notice. District Attorney David Schutt asked, as the employee s Department Head, to address the Board under Executive Session in regards to the possible litigation. Chairman Winters directed Legal Counsel Bailey to meet with Mr. Schutt one on one while the Board took a break. Discussion followed regarding whether there is a need for an Executive Session in order for this issue to be addressed, or if Mr. Schutt s comments can be directed to the Board under Public Comment. Ten minute break at 4:16 p.m. Retired to Executive Session (2) (h) at 4:25 p.m. Resumed meeting at 4:30 p.m. There being nothing further to come before the Board, the Lake County Board of Commissioners Regular Session adjourned at 4:31 p.m. Respectfully Submitted, Robert R. Pardee Administrative Assistant Board Approval, Bradley J. Winters Ken Kestner Dan Shoun Chairman Vice Chairman Commissioner February 7, Board of Commissioners Regular Session Minutes - Page 6 of 6