April 1, 1998
REGULAR MEETING BOARD OF COMMISSIONERS
Harris Hall Main Floor, 9:00 a.m.
Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson, and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson, Assistant County Counsel Stephen Vorhes, and Recording Secretary Dan Lindstrom were also present.
1. ADJUSTMENTS TO THE AGENDA
Commissioner Cornacchia announced that he would leave the meeting at noon due to health concerns and that the Report on Short Mountain Landfill Leachate Treatment System Proposals Evaluation and Order 98-4-1-21 would be removed from the agenda and considered on April 22. Commissioner Sorenson stated that he would submit questions for staff to answer regarding the order in advance of the meeting.
2. PUBLIC COMMENTS
Commissioner Cornacchia determined there was no one present wishing to present testimony on an issue not included on the agenda.
3. COMMISSIONERS BUSINESS
a. UPDATE/Facilities Capital Improvements Projects
Human Resources and Management Services Director David Suchart said he was preparing a report on capital improvements for consideration by commissioners in April.
Mr. Suchart said that difficulty with installation of lifts was creating a delay in completion of the remodeling of the court entryway in the Public Service Building.
Mr. Suchart reported on Adult Corrections construction projects. He said site work had begun, permit applications had been submitted to the City of Eugene, and under-slab utilities were being installed. He described clean-up work completed on contaminated soil. He said the Sheriffs Office was arranging a temporary loan fund to deal with reimbursement practices of the Federal Marshals Office and that it would require approval of commissioners at a later date.
Mr. Suchart reported on the construction of the Juvenile Justice Center. He said that approximately one-half of the slab foundation was poured, that it would likely be entirely completed by the third week of April, that contracts for masonry and steel work were being let, and that bids were about to be let for most of the remainder of the project. He indicated that calculation of System Development Charges (SCDs) required by the City of Eugene were being closely followed and that a report would be made to commissioners when they were finalized. He said that 55 percent of contracts for construction of the facility were with Lane County firms and that 13 percent were with minority- or women-owned businesses. He displayed architectural drawings of landscape plans for the center and described how it would appear to observers.
Commissioner Sorenson announced that there would be an executive session of the board on completion of its morning agenda.
4. COUNTY ADMINISTRATION
Mr. Van Vactor announced that the final meeting of the Future Focus Task Force had been held and that a public hearing on its recommendations would be scheduled soon.
5. HEALTH AND HUMAN SERVICES
a. RESOLUTION and ORDER 98-4-1-1/In the Matter of Establishing a 1.0 FTE Administrative Analyst Position in the Department of Health and Human Services with Positions to be Funded Through Lapse Funds.
Health and Human Services Program Services Coordinator Deb Heeszel furnished background information regarding funding of the New Opportunities Program and proposed administrative analyst position in it. She also reviewed issues raised by the File Note regarding Order 98-4-1-2 distributed with the agenda of the meeting.
Commissioners discussed questions and concerns about the proposed orders, while expressing support for the New Opportunities Program.
MOTION: To approve Resolution and Order 98-4-1-1.
Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.
b. ORDER 98-4-1-2/In the Matter of Establishing 4.0 FTE Mental Health Associate Positions in the Department of Health and Human Services with Position to be Funded Through Lapse Funds.
MOTION: To approve Order 98-4-1-2.
Commissioner Weeldreyer MOVED, Commissioner Dumdi SECONDED.
6. PUBLIC WORKS
a. ORDER 98-4-1-3/In the Matter of Accepting a Periodic Review Grant of $50,000 from the Department of Land Conservation and Development for FY 98/99.
Land Management Division Senior Planner Jim Mann described the requirement for Lane County to perform periodic review work for the McKenzie River watershed area to develop community plans, address Statewide Planning Goal 14 issues, and develop coordination agreements with rural service districts. He explained that the review would likely cost $125,000 plus indirect expenses paid by the County. He said it would be important to accept the grant and deal with creating the required balance during the Countys budget creation process.
Members discussed issues related to unfunded mandates, additional possibilities for grants, and the review of the McKenzie River watershed.
MOVED: To approve Order 98-4-1-3.
Commissioner Cornacchia MOVED, Commissioner Green SECONDED.
Commissioners Cornacchia, Green, and Sorenson encouraged commissioners and Finance and Audit personnel to remain open to consideration of fee increases for planning services. Commissioner Weeldreyer said she shared the concern and believed Rural Comprehensive Planning could be informed by services provided by the McKenzie Watershed Council.
Commissioner Dumdi said she would vote no on the motion to express disappointment that the Oregon Land Conservation and Development Commission was not providing adequate funding for counties to perform a required periodic reviews.
VOTE: 4-1, with Commissioner Dumdi voting no.
b. DISCUSSION/Acquiring Fee or Other Interests in Certain Real Properties Due to Hardship for the Reconstruction and Improvement of the Jasper Road Extension Project, Highway 126 to Jasper Road.
Public Works Real Property Manager Donald Maddox described the public discussion process undertaken regarding the Jasper Road extension project. He explained the advantages of acquiring identified property to the County and the property owner.
Commissioner Cornacchia expressed concern that the public perception of the proposed property acquisition could erroneously portray Lane County government as seeking to inhibit private development. Mr. Maddox reviewed consideration and recommendations regarding the proposal by the project Stakeholder Group.
Commissioner Cornacchia determined there was consensus to direct staff to proceed with preparation of an order regarding acquisition of property in connection with the Jasper Road Extension Project.
c. DISCUSSION/Shall Lane County Relinquish All Those Portions of Q-Street Diversion Channel Within the Incorporated Boundaries of the City of Eugene Not Needed for Other County Purposes to the City of Eugene.
County Engineer Oliver Snowden reviewed background regarding acquisition of the Q-Street Diversion Channel by Lane County and the request of the City of Eugene that a public right-of-way be dedicated to accommodate the development of a residential subdivision. He said potential requirements for diversion channel property by the Juvenile Justice Center would be considered in approving the request.
Commissioner Cornacchia commented on the need to remain aware of liabilities and benefits of the transfer of property from the County to cities.
Commissioner Sorenson expressed concern about the expense of maintaining the diversion channel. Mr. Snowden explained the use of SDCs and Storm Drainage Utility Fees by the City of Eugene to pay such expenses. Commissioner Sorenson suggested that the County consider development of similar fees and charges.
Commissioner Cornacchia determined there was consensus to direct Lane County staff to coordinate with staff of the City of Eugene regarding the relinquishment of the Q-Street Diversion Channel in County ownership within the incorporated boundaries of the City not needed by the County for other public purposes.
Commissioner Cornacchia declared a 15 minute recess at 10:35 a.m.
7. COMMISSIONERS BUSINESS
c. DISCUSSION/Information Update on New Directions in Economic Development
Rural Program Services Coordinator Stephanie Schulz referred to proposals of the Interim Work Group on Economic Development and developments within the State of Oregon Governors Office of Community Development described in her Agenda Cover Memo dated April 1, 1998, regarding economic development distributed with the agenda of the meeting. (See material on file.)
In response to a question from Commissioner Green, Commissioner Weeldreyer stated that a priority of the Association of Oregon Counties in relation to new economic development directions of the state was that flexibility be maintained and that the individual needs of each county be recognized.
Keith Levitt stated that he represented the Governors Office of Community Development. He described the work of the office and meetings held with representatives of the Association of Oregon Counties and other groups. He distributed copies of a document entitled "Regional Partnerships" and discussed information contained in it regarding the purpose for a community solutions approach to community development, suggested membership characteristics and functions of regional partnerships.
Commissioners discussed concerns and opportunities previously identified about whether Lane County should participate in pilot development of the regional partnership program. Commissioner Weeldreyer said community development was the highest priority of the Association or Oregon Counties. Commissioner Dumdi said distressed communities and unincorporated communities were of significant concern. Commissioner Cornacchia said he believed providing capacity for economic re-development was most important in rural communities.
In response to concerns raised by Commissioner Sorenson, Oregon Economic Development Department representative Mike Burton reviewed the use of previously developed "distressed areas" listings and new criteria established to measure community distress. He explained that most economic development programs had not relied on such listings in the past.
Ms. Schulz referred to copies of a letter from Port of Siuslaw Manager Tom Kartrude distributed at the beginning of the meeting as an example of economic development issues which would benefit from the proposed regional partnership program.
Commissioner Cornacchia requested that additional information regarding consideration of regional partnerships by the Lane Council of Governments be provided to commissioners.
8. EXECUTIVE SESSION
Commissioner Cornacchia convened an Executive Session of the meeting of the Board of County Commissioners at 11:40 a.m. He stated that the meeting would be in recess following the session.
In the absence of Commissioner Cornacchia, Commissioner Dumdi re-convened the meeting at 1:35 p.m.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND FINAL ORDER 98-4-1-20/In the Matter of Vacation of a Portion of an Un-named Public Road in Block 2 of the Plat of Lake View as Platted and Recorded in Book 10, Page 6, Lane County, Oregon Plat Records (16-07-19-11)
Lane County Surveyor Robert Ezell explained that vacation of public roads is permitted if the owners of all abutting property and the Public Works Director agree. He explained that the vacation Order 98-4-1-20 had the necessary agreements, but that nearby landowners had objected because of the potential of closing access to their property via a gravel roadway which crosses property of the applicant without a recorded easement. He said the objections were the basis for the public hearing.
Mr. Ezell said the easement for which vacation was sought was unsuitable for development of an appropriate roadway, was intended to serve only abutting properties, and that objecting parties had legal access to their properties using alternative routes.
Commissioners asked questions related to issues raised by the vacation order.
Commissioner Dumdi opened the public hearing.
Larry Brown, 2301 Van Ness Street, Eugene, stated that he was the petitioner for the vacation. He said he intended to subdivide his property into five parcels, but its configuration made it impossible to meet requirements for wells and septic systems. He said vacation of the easement would permit the subdivision.
Commissioner Green asked Mr. Brown about the objections of those who opposed the vacation because they might lose access to their property via the gravel road on his property. Mr. Brown replied that he did not know what would happen to the road, that alternative access to the properties in question was available, and that the properties in question were undeveloped and for sale.
Meda Brown, 2301 Van Ness Street, Eugene, circulated letters from two property owners in the area of the vacation supporting the application. She also circulated a letter from Mike S. Blair, a registered professional engineer, stating that the easement proposed for vacation was inadequate for construction of a road based on its terrain.
Commissioner Dumdi determined there was no one else present wishing to testify and closed the public hearing.
In response to questions from Commissioners Dumdi and Green, Assistant County Counsel Stephen Vorhes stated that landowners were responsible for initiating processes which would provide access via dedicated road easements. He stated that public right-of-way easements existed which could provide access to the property of those who objected to the vacation.
MOTION: To approve Order 98-4-1-20.
Commissioner Sorenson MOVED, Commissioner Green SECONDED.
VOTE: 4-0, Commissioner Cornacchia absent.
10. CONSENT CALENDAR
A. Approval of Minutes: December 16, 1997, Work Session, 1:30 p.m.
February 25, 1998, Regular Meeting, 9:30 a.m.
March 11, 1998, Regular Meeting, following HACSA
February 3, 1998, Work Session 9:00 a.m.
B. Health and Human Services
1) RESOLUTION AND ORDER 98-3-1-4/In the Matter of Appropriating an Additional $135,292 in Revenue and Expenditures in Fund 86 for Individuals with Developmental Disabilities (PAAF #22 to the 1997-99 Intergovernmental Agreement 20-001).
2) ORDER 98-4-1-6/In the Matter of Accepting Revenues of $34,040 from the State of Oregon for the Home TBA Rental Assistance Program and the Low Income Rental Housing Fund Program; to Increase Appropriations in the Amount of $34,040 in Fund 85 for FY 97/98.
3) ORDER 98-4-1-6/In the Matter of Accepting $87,108 for the Oregon Breast and Cervical Cancer Screening Program from the Oregon Health Division and Appropriating an Additional $122,578 in Revenues and Expenses in Fund 86 in the Department of Health and Human Services.
C. Human Resources and Management Services
1) ORDER 98-4-1-7/In the Matter of Approval of a Disputed Claim Settlement Regarding the Workers Compensation Claim of Luis Polanco, Sr.
2) ORDER 98-4-1-8/In the Matter of Approval of a Disputed Claim Settlement Regarding the Workers Compensation Claim and All Claims Relating to or Arising Out of Her Employment of Evelyn Howard.
3) ORDER 98-4-1-9/In the Matter of Approval of Authorizing the County Administrator to Execute a Lease Addendum with APC, Inc. for Additional Space for the Human Services Commissioner at 895 Willamette Street.
4) ORDER 98-4-1-10/In the Matter of Authorizing the Director of Management Services to Effect an Interfund Loan to the Corrections Construction Fund in an Amount Not to Exceed $350,000 and Appropriating an Additional $250,000 in Revenues and Expenses in Fund 15 Within General Expense.
5) ORDER 98-4-1-11/In the Matter of Approval of Amending Chapters 2, 3, 21, 54, and 60 of Lane Manual to Change the Name of the Department of Human Resources and Management Services to Department of Management Services and Make Housekeeping Revisions.
D. Public Works
1) ORDER 98-4-1-12/In the Matter of Awarding a Contract to Western Power & Equipment in the Amount of $241,941 for the purchase of One (!) New Carrier-Mounted Hydraulic Excavator, with One (1) Trade-in, Contract FY97/98-FS-08.
2) ORDER 98-4-1-13/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 403 (Coburg Road) (16-03-33).
3) ORDER 98-4-1-14/In the Matter of Accepting A Deed of Land to be Used as a Public Road Easement for Bobcat Lane (18-03029).
4) ORDER 98-4-1-15/In the Matter of Accepting a Deed of Land to be Used as a Temporary Public Road Easement for Bobcat Lane (18-03-29).
5) ORDER 98-4-1-16/In the Matter of Accepting a Deed of Land to be Used as a Public Slope Easement for Bobcat Lane (18-03-29).
6) ORDER 98-4-1-17/In the Matter of Accepting a Right-Of-Way Grant from the Forest Service of the United States Department of Agriculture to be Used as a Public Road Easement for County Road Number 81, 83, 545, 697, 737, and 1207 (Brice Creek Road, Champion Creek Road and Sharps Creek Road T. 22 & 23 S., R 1W. & 1E.).
7) ORDER 98-4-1-18/In the Matter of Approving Amending the Friends of Mt. Pisgah Arboretum Lease at Howard Buford Recreation Area to Increase Payment for Caretaker Services from $400 pe Month to $625 per Month, Retroactive from July 1, 1997, and Delegating Authority to the County Administrator to Sign the Amendment.
Commissioner Green requested that approval of the minutes of the February 25, 1998, meeting of the Board of County Commissioners be withdrawn from the Consent Calendar for further discussion.
Commissioner Dumdi requested that Order 98-4-1-6 be withdrawn from the Consent Calendar for further discussion.
MOTION: To approve the Consent Calendar, as amended, for April 1, 1998.
Commissioner Weeldreyer MOVED, Commissioner Green SECONDED.
Commissioner Green requested that paragraph 1 on page 6 of the minutes of the February 25, 1998, meeting of the Board of County Commissioners be amended, as follows:
Commissioner Green reported that he served as the chair of the Association of Oregon Counties Juvenile Crime Task Force, a subcommittee of the Human Services Committee and that issues related to its staffing were being resolved.
Commissioner Dumdi requested that the title of Order 98-4-1-6 be changed to reflect that the amount to be received from the Oregon Heal Division for the Oregon Breast and Cervical Cancer Screening Program is $87,108.
MOTION: To approve the minutes of the February 25, 1998, meeting of the Board of County Commissioners, as amended; and to approve Order 98-4-1-6.
Commissioner Weeldreyer MOVED, Commissioner Green SECONDED.
11. HUMAN RESOURCES AND MANAGEMENT SERVICES
a. ORDER 98-4-1-19/In the Matter of Authorizing the County Administrator to Execute a Sale Agreement with Mill Site Developers, L.L.C. for the Purchase of Surplus County Owned Real Property Commonly Known as the Westfir Mill Site (Map #21-35-07-40-00132).
Property Management Officer 2 Jeff Turk presented the offer to purchase the former Hines Lumber Mill property owned by the County in Westfir. He explained that the covered bridge was not to be included in the sale.
MOTION: To approve Order 98-4-1-19.
Commissioner Weeldreyer MOVED, Commissioner Green SECONDED.
12. COMMISSIONERS ANNOUNCEMENTS
Commissioner Sorenson announced that there would be a joint Future Focus Task Force and Board of County Commissioners public hearing at 6:00 p.m. on April 8. He also announced that the Willamette Valley Livability Forum would be held at the State Capital in Salem on April 11.
Commissioner Weeldreyer reported that she had been appointed by Jon Yunker, Oregon State Department of Administrative Services Director, to represent Lane County interests on the Information Resources Management Council to build a new strategic plan for telecommunications for Governor Kitzhaber. She also announced that there would be a community meeting about the McKenzie/Mohawk Sheriffs Law Enforcement District on April 3 at 6:00 p.m. in the Walterville Grange.
Commissioner Green recommended an article in the latest issue of Readers Digest entitled "A Last Chance for Troubled Boys" about a Lane County couple who serve as foster parents for boys in trouble with the law. He announced that a meeting of the Governors Crime Prevention Panel would hold a meeting in Eugene on April 7.
Commissioner Dumdi announced that the McKenzie River Chamber of Commerce had requested to be notified of all meetings dealing with the Lane County Rural Comprehensive Plan. She reported that she had been appointed to the Oregon State Fair Commission.
9. EXECUTIVE SESSION
Commissioner Dumdi convened an Executive Session of the meeting of the Board of County Commissioners at 2:35 p.m. She stated that the meeting would be in recess following the session.
Commissioner Dumdi re-convened the meeting at 3:20 p.m.
10. OTHER BUSINESS
a. ORDER 98-4-1-22/In the Matter of Entering into an Agreement with Carol John.
MOTION: To approve Order 98-4-1-22.
Commissioner Weeldreyer MOVED, Commissioner Green SECONDED.
There being no further business, the meeting adjourned at 3:25 p.m.
C. Daniel Lindstrom, Recording Secretary
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