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April 8, 1998

REGULAR MEETING BOARD OF COMMISSIONERS

Harris Hall Main Floor Following HACSA

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, and Recording Secretary C. Daniel Lindstrom were also present.

1. ADJUSTMENTS TO THE AGENDA

Commissioner Cornacchia announced that ORDER 98-4-8-10, Agenda Item 11. a., would not be considered during 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. RESOLUTIONS

a. RESOLUTION AND ORDER 98-4-8-1/In the Matter of Proclaiming the Week of April 6-12, 1998, as Public Health Week.

Public Health Manager Karen Gillette announced that organizations throughout Oregon and the United States recognize the week of April 6-12 as Public Health Week as an opportunity to promote health and acknowledge the benefits of public health. She introduced members of Lane County Public Health Services present and distributed printed material entitled "Oregon's Public Health System--A Quick Guide," and "A Day In Your Life With Public Health," and a publicity button containing the slogan "Can You Believe--I'm 95--Oregon Public Health."

Commissioner Cornacchia read Board Order 98-4-8-2, recognizing and supporting Public Health Week and encouraging residents to celebrate the week with activities which promote health and acknowledge the benefits of public health.

MOTION: To approve ORDER 98-4-8-1.

Commissioner Dumdi MOVED, Commissioner Sorenson SECONDED.

Commissioners thanked the Public Health Services for their work and willingness to engage decision makers in budget making processes.

VOTE: 5-0.

4. EXECUTIVE SESSION

Commissioner Cornacchia stated that there would be no executive session as part of the meeting.

5. FAIR BOARD

a. ORDER 98-4-8-4/In the Matter of Approving the Use of Undedicated Transient Room Tax Funds Derived From the Capital Debt Portion of the Tax for Capital Improvements at the Lane County Fairgrounds for the Next Seven Years.

Lane County Fair Board President Bob Matson described work of the Fair Board with the County Commissioners to encourage convention and gathering programs at the Fairgrounds. He said Order 98-4-8-4 would provide funding for capital improvements in convention and youth facilities at the fairgrounds.

Lane County Fair Board member John Jackwood reviewed development of the Fairgrounds' Master Plan and Master Plan Projects Implementation List. He explained that Order 98-4-8-4 would provide approximately $5 million of undedicated Transient Room Tax funds toward the estimated $11 million cost of the proposed projects. He explained how the funds would be used and repaid.

Commissioner Sorenson thanked the Fair Board and said he was impressed with the stated goal of taking advantage of the unique strengths and market of the Lane County fairgrounds.

MOTION: To adopt Order 98-4-8-4.

Commissioner Sorenson MOVED, Commissioner Green SECONDED.

Commissioner Green asked for assurance that the Order would not affect the availability of designated Transient Room Tax funds available to the County. Ms. Wilson explained how the use of room taxes was divided and that the proposed allocation would not affect other designated funding.

Commissioner Green expressed appreciation for Fair leadership, for the assumption that improvements in the fairgrounds should be made, and that the proposals showed commitment to youth concerns.

Commissioners echoed the sentiments of Commissioner Green and expressed appreciation for the cooperative spirit of Fair leadership.

VOTE: 5-0.

b. ORDER 98-4-8-5 (Revised)/In the Matter of Approving Road Fund Allocation to 13th Avenue and Jefferson Street Road Project.

Mr. Jackwood reviewed Phase 3 of the 13th Avenue and Jefferson Street Road Project to complete access and egress improvements and landscaping for the fairgrounds.

Commissioner Green asked if the proposed allocation for landscaping included the costs of maintenance. Fair Director Mike Gleason stated that it did not and that the Fair was responsible for maintenance of such improvements. He described the proposed landscape project.

Commissioner Dumdi said she appreciated that the revised Order addressed her concern in the original which proposed to use $575,000 from the EDAP revenue of the Road Fund. Lane County Engineer Oliver Snowden explained that it was planned to use Road Fund cash reserves to fund the project in fiscal year 1998 and to replenish the reserves in fiscal year 1999 through the Capital Improvement Plan.

Commissioner Sorenson asked if there were any legal impediments to use of the Road Fund as proposed. Council Counsel Terry Wilson said there were no such impediments, and that the Order would likely be implemented through the adoption of a supplemental budget.

MOTION: To approve Revised Order 98-4-8-5.

Commissioner Sorenson MOVED, Commissioner Dumdi SECONDED.

Commissioners expressed appreciation for the leadership of the Fair Director.

VOTE: 5-0.

6. COUNTY ADMINISTRATION

a. ORDER 98-4-8-2/In the Matter of Supporting the Administration's Proposal to Stabilize the Forest Service and O&C Payments.

Commissioner Cornacchia noted the presence at the meeting of Betsy Boyd from the office of U.S. Representative Peter DeFazio.

County Administrator Bill Van Vactor reported on discussions held with Federal Executive Branch officials during a recent visit to Washington, D.C. He described his understanding of the positions of members of the Oregon Congressional delegation to the Forest Service Payments to States Initiative. He reviewed understandings implicit in the expression of Lane County's support of the initiative contained in Order 98-4-8-2.

Commissioner Dumdi asked if the initiative included payments directly to counties, without passing through states. Mr. Van Vactor said such a proposal was not included in the initiative.

Commissioner Cornacchia commented on the reduction of $152 million in O&C payments to Lane County which resulted from a 50 percent "plow-back" of timber revenue to a Bureau of Land Management reforestation program. He said he supported the resolution because it was conditional and needed unanimous support from counties and states for implementation.

Commissioner Sorenson said that he believed it was important to recognize the historic significance of the proposed initiative which eliminated a connection between timber cut and revenue provided to eligible counties. He said it could provide more stable revenue and be beneficial to Lane County.

Commissioner Green said he appreciated that the resolution was conditional and needed unanimous support, but that it was important for local government representatives to recognize that the initiative did not provide everything that counties had attempted to achieve. He reminded commissioners that adopting the Order made its implementation a part of the legislative agenda of Lane County.

MOVED: To approve Order 98-4-8-2.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

Commissioner Dumdi said that she believed leaders of the Clinton Administration supported acceptance of the initiative and appeared to be receptive to including an inflation element. She asked if there was any indication of the positions of Senator Smith and Representative Smith on the initiative. Mr. Van Vactor said that it was his understanding that the members of Congress mentioned by Commissioner Dumdi were waiting for expressions of support from affected counties.

Commissioner Weeldreyer said that she favored including a statement in the Order which supported issuing of Forest Service and O&C payments directly to counties.

Commissioner Green and Commissioner Dumdi said that they were willing to incorporate such an amendment to the order in their motion.

In response to a question from Commissioner Weeldreyer, Betsy Boyd explained that if the initiative were to be implemented, it would take on the nature of an "entitlement," which she explained meant that it did not require annual review or budget allocation processes. She commended the Oregon Association of Counties for developing support for the initiative.

VOTE: 5-0.

Commissioner Cornacchia declared a ten minute recess in the meeting.

7. COMMISSIONERS' BUSINESS

a. ORAL REPORT BACK/CEO Training School Facility Permit Requirements for Road Construction (West Martin Road). (NBA & PM 3/11/98, 3/18/98 & 4/1/98).

Transportation Planning Senior Engineering Associate Lloyd Holtcamp reported that he had contacted John Davis regarding his appeal of Public Works requirements for road construction to be granted a permit to operate truck driving and heavy equipment training school on West Martin Road. He said he had been informed that Mr. Martin was unavailable and did not feel it was necessary to make an additional report to the Board of County Commissioners. He said he had been contacted by a representative of the Cottage Grove Sentinel newspaper asking for information about the issue.

Mr. Holtcamp reviewed background regarding the application of Mr. Davis and the determination by the Public Works Department of the need for road improvements.

Commissioner Weeldreyer reported that she had contacted a representative of Geomax Engineering regarding its work with Mr. Davis on West Martin Road. She said the representative had suggested that Mr. Davis was away from the area on a family emergency. She said that the representative had reported that drill samples had been taken from the roadbed by the engineering firm in a different way than those studied by the Public Works Department and that the company did not believe use of the road until construction on it could be completed would cause significant damage.

Mr. Holtcamp stated that the Department of Public Works had studied the proposal for the heavy equipment to use West Martin Road for a period of time without making the required improvements and had concluded that such use might cause irreparable damage and create a need for replacement of the entire roadbed.

In response to a question from Commissioner Weeldreyer, Mr. Holtcamp stated that compatibility of the proposed use of West Martin Road with area residents was considered as part of the use permit application.

Commissioner Cornacchia determined there was a consensus that the Board should continue its policy of normally accepting the advice of staff and deny the appeal of Mr. Davis regarding requirements of a permit for the use of West Martin Road.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance 2-98/In the Matter of Amending Chapters 10 and 16 of Lane Code to Revise Provisions With Regard to the Flood Plain Combining District (/FP) and the Flood Plain Combining Zone (/ER-RCP) (LC 10.271 and 16.244) and Declaring an Emergency. (Second Reading and Public Hearing: April 22, 1998, 1:30 p.m., Harris Hall Main Floor)

MOTION: To approve the first reading and setting the second reading and public hearing of Ordinance 2-98.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 5-0.

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1110/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 1480-97; Waterbury). (Second Reading & Public Hearing: April 22, 1998, 1:30 p.m., Harris Hall Main Floor).

MOTION: To approve the first reading and setting the second reading and public hearing of Ordinance PA 1110.

Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.

VOTE: 5-0.

c. FOURTH READING AND SETTING FIFTH READING AND DELIBERATION/Ordinance PA1102/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural" and Rezoning that Land from "-4-/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; Weimers) (NBA & PM 11/12/97, 12/10/97 & 1/14/98). (Fifth Reading: April 22, 1998, Harris Hall Main Floor).

MOTION: To approve the fourth reading and setting the fifth reading and deliberation of Ordinance PA1102.

Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.

VOTE: 5-0

9. CONSENT CALENDAR

A. Approval of Minutes: February 3, 1998, Regular Meeting, 1:30 p.m.

B. Assessment and Taxation
1) ORDER 98-4-8-6/In the Matter of Refunds to Sisters of Saint Joseph and SelectCare Health Plans.

C. Health and Human Services

1) ORDER 98-4-8-7/In the Matter of Applying for a Drug Court Grant and Delegating Authority to the County Administrator to Execute Grant Documents.

D. Public Safety

1) ORDER 98-4-8-8/In the Matter of Authorizing the County Administrator to Sign Amendments No. 1, 2, and 3 to the WBGS Contract for the Lane County Adult Corrections Additions in the Total Amount of $130,576.

2) ORDER 98-4-8-9/In the Matter of Authorizing an Intergovernmental Agreement with the City of Eugene Police Department Explosives Disposal Unit for LCSO Participation.

MOTION: To approve the Consent Calendar for April 8, 1998.

Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.

VOTE: 5-0.

10. COUNTY ADMINISTRATION

a. Announcements

Mr. Van Vactor announced that The Future Focus Task Force and Board of County Commissioners joint public hearing would be held on April 8 at 6:00 p.m. in Harris Hall.

c. ORDER 98-4-8-5/In the Matter of Accepting the 1998-2001 Lane County Public Information and Communication Plan.

Lane County Public Information Officer Mike Moskovitz reviewed background and content of a document entitled "Public Information and Communication Plan--A Four-Year Work Plan for Improved Internal and External Communications 1998-2001" distributed with the agenda of the meeting.

Commissioners discussed the plan.

Commissioner Green said he was impressed with the creativity and enthusiasm displayed by Mr. Moskovitz. He said he believed the vision of the County that the plan portrayed was a good one. He encouraged cooperation with public information officers of other public bodies in the county and with the Convention and Visitors Association of Lane County, Oregon.

Commissioner Dumdi expressed appreciation for the assistance provided by Mr. Moskovitz to eliminate "multi-line blocking" placed on her ability to return the telephone calls of constituents from her office.

Commissioner Sorenson said he believed it was important to formalize the telephone, e-mail, and other customer service components of Lane County. Mr. Moskovitz replied that doing so was the "backbone" of the proposed public information program.

Commissioner Weeldreyer said that she wanted to publicly commend Mr. Moskovitz for the excellence of his work.

MOTION: To approve Order 98-4-8-3.

Commissioner Weeldreyer MOVED, Commissioner Dumdi SECONDED.

VOTE: 5-0

11. REVIEW ASSIGNMENTS

Mr. Van Vactor said that County Administration was assigned the task of reporting back on Capital Improvement projects.

Commissioner Cornacchia reported that he had begun to write a response to James Seabury regarding his concern, raised on March 18, 1998, about actions of the City of Eugene to require residents in unincorporated areas to hook up to newly installed sewer lines. He said he was about to suggest that the City be required to send certified letters to property owners involved stating that the City had erred in a previous letter which stated that the hookup was required.

Commissioner Green stated that he supported Commissioner Cornacchia writing such a letter.

Commissioner Sorenson said that he also supported the letter described by Commissioner Cornacchia and that he was willing to review it for appropriateness before it was sent.

Mr. Van Vactor suggested that Commissioner Cornacchia submit the draft of his proposed letter to the Acting City Manager of the City of Eugene.

Commissioner Dumdi distributed copies of a letter she had written to the Chair of the Heceta Water District regarding resolution of the mediation for Clear Lake Watershed.

Commissioner Cornacchia adjourned the meeting to the public hearing scheduled for 6:00 p.m.

C. Daniel Lindstrom, Recording Secretary

 

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