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April 22, 1998

REGULAR MEETING BOARD OF COMMISSIONERS

Harris Hall Main Floor 9:00 a.m.

Commissioner Steve Cornacchia called to order the April 22, 1998, meeting of the Lane County Board of Commissioners at 9:10 a.m. with Commissioners Ellie Dumdi, Bobby Green, Sr., and Peter Sorenson present. Commissioner Weeldreyer excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson, and Recording Secretary C. Daniel Lindstrom were also present.

1. ADJUSTMENTS TO THE AGENDA

Commissioner Cornacchia reported that Agenda Items 5. a. and 5.b., Commissioners' Business, would be considered following Agenda Item 13., Management Services. He also reported that Agenda Item 13. b., Order 98-4-22-22, would not be considered

Commissioner Sorenson requested that consideration be given to a recommendation that Lane County request pilot status in the State of Oregon Regional Partnership program.

2. PUBLIC COMMENTS

Conrad Hildebrand, 24787 Lavell Road, Eugene, stated that he owned 80 acres and held an interest in an additional 45 acres of partially timbered property zoned F-1, Non-Impacted Forest Land. He said the designation did not permit construction of residences. He reported that Lane County had not adopted a rule which permitted residences found in legislation known as HB 3661 approved five years previously. He said not having a residence on his property created an economic hardship. He indicated that the rule would apply to only four properties in the county. He requested that commissioners adopt the rule or consider re-zoning his property.

Commissioner Cornacchia stated that there would be a status report on issues raised by Mr. Hildebrand in the afternoon session of the current meeting.

Jim Kiser, 1185 Crystal Lake Drive, Corvallis, stated that he represented Osmotek, L.L.C., and was project manager for its on-site leachate treatment system at the Coffin Butte Landfill in Corvallis. He circulated photographs of the system and described its operation. He said that the proposal of his firm to provide Direct Osmosis treatment of Short Mountain landfill leachate was based on its experience, but could be altered to provide for costs comparable to others submitting proposals. He recommended that commissioners decide to do a pilot study to determine the process which best met the needs of the landfill. He distributed copies of letters describing his recommendation and attesting to the value of the Osmotek processes.

Keith Lampi, 29091 Lakeside Drive, Corvallis, stated that he also represented Osmotek and encouraged commissioners to re-consider its proposal for on-site leachate treatment at the Short Mountain landfill. He distributed copies of a document entitled "Lane County Leachate Treatment System Proposal Evaluation," which he used to illustrate how the Osmotek proposal included testing and disposal costs not included in other proposals. He said the experience of his firm at the Coffin Butte landfill would prove to be invaluable in developing a site in Lane County. He recommended a pilot study before a decision was made on the treatment system to be used.

Commissioner Sorenson stated that he appreciated the presentations of representatives from Osmotek. He said he believed it was appropriate for staff to investigate the information presented.

In response to questions from Commissioner Green, Mr. Lampi stated that including estimates of the cost of residual disposal and capital and operating costs in the Osmotek proposal had made its proposal more expensive. He said that other submissions utilized other, less effective technology.

Commissioner Cornacchia stated that commissioners were scheduled to make a decision regarding Short Mountain landfill leachate treatment within two weeks.

3. RESOLUTIONS

a. PROCLAMATION/Designating the Week of May 3, 1998, as Lane County Tourism Week.

Convention and Visitors Association of Lane County (CVALCO) Assistant Director of Tourism Joanne Hollenback reviewed the importance of tourism and described a CVALCO radio promotion program entitled "Lane County Trivia." She reported on the economic impact of tourism in the county.

Commissioner Green read the proclamation designating the week of May 3, 1998, as Lane County Tourism Week and calling upon the board and residents to participate in appropriate ceremonies to mark the occasion.

MOTION: to approve the proclamation.

Commissioner Dumdi MOVED, Commissioner Sorenson SECONDED.

VOTE: 4-0.

Commissioner Cornacchia announced that the board would adjourn to an executive session at the conclusion of the morning session of the meeting.

4. COUNTY ADMINISTRATION

a. Announcements

Mr. Van Vactor announced that new financial management computer software would first be used for April payroll checks. He said a new project manager for the conversion project had been recently hired.

Mr. Van Vactor reported that he had approved employees being involved in coordinating a conference of the National Association of Counties to be held in Portland during normal working hours.

5. PUBLIC WORKS

a. ORDER 98-4-22-1/In the Matter of Amending an Economic Development Assistance Program (EDAP) Agreement with the City of Cottage Grove.

Public Works Engineering Division Administrative Analyst Betty Mishou described the proposed amendment of an EDAP Agreement with the City of Cottage Grove. She said that Cottage Grove had identified a shortfall of $1.3 million in its industrial park project and was seeking additional funds from its original funding sources. She said the request for a grant of $250,300 had been recommended for approval by the Finance and Audit Committee. She said that the committee recommended the necessary funds be taken from the EDAP loan program allocation because of the improved community development and increased property tax revenue which would result from the project.

Commissioner Green stated that the Finance and Audit Committee had made its recommendations after lengthy deliberation. He said it was anticipated that the reduction in the loan fund would be re-funded through a budget allocation in a later fiscal year. He said he supported the proposal.

Commissioner Dumdi said she supported the Cottage Grove EDAP project because it could produce as many as 150-160 new jobs.

Commissioner Cornacchia said he supported the project because it could provide the needed economic incentives for Cottage Grove to recover from a recession caused by downturns in timber industries.

Ms. Mishou stated that the Cottage Grove EDAP project was the last of those approved before the program was changed from grants to loans.

MOTION: to approve Order 98-4-22-1.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

b. ORDER 98-4-22-2/In the Matter of Authorizing the Expenditure of County Road Funds to Enable County Staff to Assist Residents in the Preparation and Submittal of an Application for Federal Highway Bridge Replacement and Rehabilitation Funds for the Horse Creek Bridge on Delta Road and to Authorize Work on Delta Road.

Public Works Director John Goodson reported that replacement and rehabilitation for the Horse Creek Bridge on Delta Road had been presented in the 1997 Capital Improvement Program, but that the advisory committee had recommended against funding it because the road is a local access road. He said the Board of Commissioners had agreed with the recommendation of the committee, but had expressed an interest in assisting users of the bridge. He described the process followed by users to determine the availability of federal funds and the requirement for Lane County to initiate the request for them by June 1, 1998.

Mr. Goodson recommended that the County sponsor the application, with the condition that users be responsible for preparation of it and for the cost of the project not covered by the allocation received. He also recommended that a 600 foot section of Delta Road be improved at the time of the bridge replacement. He said the project could likely begin in the year 2002 and that it would be eligible to be accepted in the Lane County road system on its completion.

In response to a question from Commissioner Sorenson, Mr. Goodson explained that the cost to Lane County for the project would be approximately $5,000 for the improvement of Delta Road and the staff work required to complete the application for federal funds.

MOTION: to adopt Order 98-4-22-2.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1111/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Rural" and Rezoning that Land from "F-2/Impacted Forest Land" to "RR-5/SR ("Rural Residential 5 with Site Review"), Adopting Exceptions to Statewide Planning Goals 3 And 4; and Adopting Savings and Severability Clauses (File PA 2418-97; Jewett).

MOTION: to approve the first reading of Ordinance PA 1111 and Set a second reading for May 6, 1998.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 4-0.

d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1112/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Rural" and Rezoning That Land From "E-40/Exclusive Farm Use" to "RR-5/Rural Residential 5", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 2060-97; Goodwin).

MOTION: to approve the first reading of Ordinance PA 1112 and Set a second reading for May 13, 1998.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 4-0.

e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1113/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Marginal Land" and Rezoning That Land From "E-40/Exclusive Farm Use" to "ML/Marginal Land"; and Adopting Savings and Severability Clauses (file PA 0220-98; Miesen).

MOTION: to approve the first reading of Ordinance PA 1113 and Set a second reading for May 13, 1998.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 4-0.

f. FIFTH READING AND DELIBERATION/Ordinance PA 1102/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural" and Rezoning that Land from "E-40/Exclusive Farm Use" to "RR-5/Rural Residential 5", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 4118-96; Wiemers).

Lane Management Division Associate Planner Michael Copely stated that the board had given tentative approval of Ordinance PA 1102 at its third reading on January 14, 1998, and that requested additional material had been provided. He said that the fourth reading on April 8, 1998, had been held over to allow for proper notification processes.

MOTION: to adopt Ordinance PA 1102.

Commissioner Dumdi MOVED, Commissioner Green, SECONDED.

ROLL CALL VOTE: 3-1, with Commissioner Sorenson voting no.

g. EIGHTEENTH READING AND DELIBERATION/Ordinance PA 1083/In the Matter of Amending the Eugene-Springfield Metro Area General Plan to Modify Policy 2, Section III.G., to Provide for the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site and Govern Similar Extensions to Other Sites, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

MOTION: to approve the eighteenth reading of Ordinance PA 1083 and set a nineteenth reading for May 6, 1998.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 3-1, with Commissioner Sorenson voting no.

In response to a request from Commissioner Dumdi, Commissioner Sorenson explained that his negative vote on the motion had been because a great deal of information had been received on landfill leachate treatment since the public hearing held in April 1996. He said he believed postponing a vote on the ordinance implied continued commitment to the use of the sanitary sewer system to deal with leachate and he preferred consideration of on-site treatment processes.

Commissioner Sorenson said that he could not support commitment to on-site treatment of leachate at any cost and pointed out that the next reading of the proposed ordinance could call for another public hearing on the issues involved.

h. EIGHTEENTH READING AND DELIBERATION/Ordinance PA 1084/In the Matter of Amending the Rural Comprehensive Plan to Add a Policy Governing the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

MOTION: to approve the eighteenth reading of Ordinance PA 1084 and set a nineteenth reading for May 6, 1998.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 3-1, with Commissioner Sorenson voting no.

6. CONSENT CALENDAR

A. Approval of Minutes

B. Health and Human Services

1) ORDER 98-4-22-3/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments for Services to Children and Families for New Opportunities.

2) ORDER 98-4-22-4/In the Matter of Accepting the Recommendation of the Mental Health Advisory Committee; Approving Exhibit A (1997-99 Community Mental Health, Alcohol and Drug Abuse and Developmental Disability Services Plan for Carry-Over Funds); and Authorizing the County Administrator to Sign the Plan.

3) ORDER 98-4-22-5/In the Matter of Reviewing and approving the Revised By-Laws for the Lane County Community Mental Health Advisory Committee, Exhibit A.

C. JTPA

1) ORDER 98-4-22-6/In the Matter of Establishing One Half Time Accounting Clerk II Position at the Southern Willamette Private Industry Council (JTPA Department-07), Fund 49.

D. Management Services

1) ORDER 98-4-22-7/In the Matter of Transferring Funds From the Operational Contingency to Materials and Services Within General Expense Within the Self Insurance Fund in Order to Pay Workers' Compensation Attorney Costs.

2) ORDER 98-4-22-8/In the Matter of Authorizing the County Administrator to Execute an Option to Purchase Agreement With John P. Overton for the Sale of County Owned Real Property Identified as Map No. 18-03-24-00-02500 (Adjacent to 34482 Hwy. 58, Eugene).

E. Public Safety

1) ORDER 98-4-22-9/In the Matter of Ratifying the Execution of an Amended Intergovernmental Service Agreement With the United States Marshal's Service by the County Administrator and Sheriff.

F. Public Works

1) ORDER 98-4-22-10/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Dust Oiling Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During June 1, 1998 through September 15, 1998, Contract No. 98-M&S-54

2) ORDER 98-4-22-11/In the Matter of In the Matter of the Vacation of a Portion of a Public Road (Now Known as Bobcat Lane), Adjacent to Lots 3 and 4 of the Plat of Porter Acres, as Platted and Recorded in Book 5, Page 6 Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-03-29).

3) ORDER 98-4-22-12/In the Matter of In the Matter of Vacating a Portion of Polders Street in the Plat of Norwood as Platted and Recorded in Book 6, Page 31 Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (17-09-29-43)

4) ORDER 98-4-22-13/In the Matter of Constructing Improvements to Coburg Road Between Mile Post 6.65 and 7.41, Including Assessments and Setting a Lien Against Adjacent Properties

5) ORDER 98-4-22-14/In the Matter of Awarding a Contract to Morton Traffic Markings in the Amount of $257,165 for the Purchase of One (1) New Highway Paint Striper Truck, Contract 97/98 FS-06.

6) RESOLUTION AND ORDER 98-4-22-15/In the Matter of Acquiring Fee or Other Interests in Certain Real Properties Due to Hardship for the Reconstruction and Improvement of the Jasper Road Extension Project, Hwy. 126 to Jasper Road. (NBA & PM 4/1/98)

7) ORDER 98-4-22-16/In the Matter of Amending the Barger Drive and Bethel School Road Agreement with the City of Eugene.

G. Regional Information System

1) ORDER 98-4-22-17/In the Matter of Approving and Authorizing Lane County Administrator to Sign an Amendment to Lane County Contract #980569, an Intergovernmental Agreement With Lane Council of Governments, to Provide Funding for the Regional Technology Services Coordinator.

MOTION: to approve the Consent Calendar for April 22, 1998.

Commissioner Green MOVED, Commissioner Dumdi SECONDED

VOTE: 4-0.

7. ASSESSMENT AND TAXATION

a. ORDER 98-4-22-18/In the Matter of Approving Submission of Assessment and Taxation Grant Budget to the Oregon Department of Revenue.

Lane County Tax Assessor Jim Gangle stated that Order 98-4-22-18 was an annual submission to the Oregon Department of Revenue to participate in the County Assessment Function Funding Assistance program. He said the request included funding for additional staff positions in order to add new construction to tax rolls in a timely fashion and because of additional processing time required by Measure 47/10. He pointed out that additional grant revenue and additional property tax collections enabled by the positions would more than off-set the cost of the positions.

Mr. Gangle said that elimination of additional staff for education and training would require his department to continue to operate on shorter public service hours.

Commissioner Sorenson said that information contained in the agenda item summary provided by Mr. Gangle would be helpful to the Association of Oregon Counties Legislative Committee and requested permission to share it with its members.

MOTION: to approve Order 98-4-22-18.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

b. ORDER 98-4-22-19/In the Matter of Appointing One Member to the Farm Review Board Advisory Committee.

MOTION: to approve Order 98-4-22-19 and appoint Duane Hofer to the Farm Review Board Advisory Committee.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

8. HEALTH AND HUMAN SERVICES

a. ORDER 98-4-22-20/In the Matter of Establishing a Temporary Help Position in the Department of Health and Human Services.

Health and Human Services Director Rob Rockstroh provided background regarding the request to provide additional office support to the Alcohol, Drug Offender Program. He said the position would be included in the department's budget proposal for the next fiscal year.

Mr. Van Vactor stated that he agreed the proposal was the "best fix" possible for a difficult situation.

MOTION: to approve Order 98-4-22-20.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

9. MANAGEMENT SERVICES

a. ORDER 98-4-22-21/In the Matter of Increasing Two Administrative Assistant Positions From .75 FTE to 1.0 FTE in the Department of Management Services and Transferring $5,335 from the General Expense Training Program to the Department of Management Services Benefits Program.

Human Resources and Management Services Director David Suchart explained the reasons for the need for the transfer of funds proposed in Order 98-4-22-21. He said increasing the time of the positions would not result in an increase of expense because of the elimination of another position.

Commissioner Green determined that no new staff positions were to be created through the order and suggested that use of internship programs could increase the number of persons available to various departments.

MOTION: to approve Order 98-4-22-21.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

VOTE: 4-0.

10. COMMISSIONERS' BUSINESS

a. UPDATE/Performance Auditor Recruitment.

Mr. Suchart reported that recruitment for a Lane County Performance Auditor would need to be expanded because applications received for the position would not provide a qualified candidate. He suggested that lack of awareness of how to contact available talent or low salary might be involved. He said that a search by an employment agency might need to be utilized.

b. UPDATE/Facilities Capital Improvements Projects

Information Services Application Group Manager Gary Ingram reported on computer network re-wiring taking place in the Public Service Building. He described the purpose and scope of the project.

Commissioner Cornacchia declared a ten minute recess in the meeting.

11. PUBLIC SAFETY

a. DISCUSSION AND ACTION/In the Matter of Planning a Modification of Forest Work Camp Inmate Selection Criteria.
Lane County Sheriff Jan Clements reported on evaluation of a possible modification of criteria used to select inmates eligible for housing at the Forest Work Camp. He explained that expansion of the camp would soon be completed, that space at the Community Corrections Center would be displaced by construction of the jail expansion to accommodate inmates formerly housed in the State Prison, and that consideration needed to be made to maximize the use of all jail space.

Mr. Clements described criteria used for placement of inmates in all correction programs and reported that the "walk away" rate for those assigned to the Forest Work Camp was one-third of a percent. He recommended that commissioners approve holding a public meeting in the area of the camp to discuss placement criteria.

Commissioner Green asked if consideration had been given to contracting with other jurisdictions for the use of jail space. Sheriff Lieutenant Paul Sachet replied that Lane County currently contracted for Department of Corrections prison space, but that no other budget was available to use space of other jurisdictions.

Commissioner Green asked if housing men and women inmates was planned at the Forest Work Camp. Mr. Clements replied that planning had begun to house female inmates assigned to the Forest Work Camp in a facility operated by the Sponsors, Inc., Women's Transition Program.

In response to another question by Commissioner Green, Mr. Clements explained that mobile housing units formerly located at the Forest Work Camp had been sold for a minimal price.

In response to a question from Commissioner Dumdi, Mr. Clements explained that the Sheriff's Office believed the charge under which an individual was incarcerated should be only one of many appropriate criteria for determining whether that person could be housed at the Forest Work Camp. An inmate's criminal history and evaluation of institutional and program behavior provided a broader and more reliable basis for a decision about program assignment and housing decisions.

Commissioner Sorenson asked if current population management criteria were written out. Mr. Sachet said that they were and that discretion of staff was considered an important element of decisions.

Commissioner Sorenson said that he approved of the proposal to hold a community meeting to discuss concerns about inmate selection for placement in the Forest Work Camp. He recommended that information about how decisions are made and the high rate of success in placements be emphasized.

In response to questions from Commissioner Dumdi, Mr. Sachet described the status of inmates housed in the Community Corrections Center and their potential of being assigned to the Forest Work Camp.

Commissioner Sorenson suggested that an invitation to the proposed community meeting be extended to all County residents, and especially to those living in the area of the camp and "on the route" to Eugene. Mr. Clements expressed appreciation for the suggestion of Commissioner Sorenson and said he would work with Lane County Public Information Officer Mike Moskovitz to devise publicity.

Commissioner Sorenson said the Board of County Commissioners needed to balance corrections capacity requirements with those of a safe community. He said he was willing to reconsider criteria for placement of inmates at the Forest Work Camp previously adopted by the board. He suggested that a written document describing proposed placement criteria be developed for the proposed meeting.

Commissioner Green said that he believed that public perception of safety was as important as actual safety and that efforts should be made in the development of new criteria to convey that perception.

Commissioner Green asked if proposed new residents of the Forest Work Camp would be compatible with those already housed there. Mr. Clements replied that inmates assigned to camp duties had been housed in the Community Corrections Center during the time of the closure of the camp.

Commissioner Green suggested that the proposed meeting be called a "Community Conversation."

In response to a question from Commissioner Sorenson, it was determined that it was possible that a majority of the members of the board would be present at the meeting to be scheduled to discuss Forest Work Camp inmate selection criteria and that it would be appropriate to include notification of it as a potential public meeting of the commissioners.

Commissioner Cornacchia said he believed there was general support for the proposed process for a modification of Forest Work Camp selection criteria.

12. COMMISSIONERS' ANNOUNCEMENTS

Commissioner Sorenson noted that April 22 was designated as Earth Day.

Commissioner Green noted with concern that Sky West would no longer provide air travel service at the Eugene Airport beginning in June. He said such losses would affect the ability to attract visitors and reduce competitive ticket rates. He said he believed the issue needed to be addressed by elected officials.

Commissioner Dumdi said she shared the concern of Commissioner Green. She announced that she had had the pleasure of presiding at the wedding of her son on April 18.

13. REVIEW ASSIGNMENTS

Mr. Van Vactor reviewed assignments agreed to during the meeting, as follows:

Schedule the Nineteenth Reading and Deliberation of Ordinances PA 1083 and PA 1084 for May 6.

Provide notice for a potential meeting of the board at the community meeting scheduled for May 4.

Schedule the return report of Mr. Suchart regarding recruitment of a Performance Auditor.

Correct the date on the proclamation of Lane County Tourism Week.

14. EXECUTIVE SESSION as per ORS 192.660

Held later in the meeting.

15. EMERGENCY BUSINESS

None.

Commissioner Cornacchia adjourned the meeting to an executive session at 11:35 a.m.

C. Daniel Lindstrom, Recording Secretary

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