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August 5, 1998
REGULAR MEETING-BOARD OF COMMISSIONERS MEETING
9:00 a.m. Commissioners' Conference Room

Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Steve Vorhes and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

Time certain at 11:00 a.m. for London Road, Item 7 a.

2. PUBLIC COMMENTS

Robin Gage, 41006 Deerhorn Road, Springfield, stated she was speaking on the Jewitt case. She said she had spoken on the subject before and things have not been addressed. She said revised supplemental findings had changed since the last hearing. She said she spoke with Mark Wade of Fish and Wildlife, who had reported at a previous meeting about the high water mark and how his findings differed from the findings in the report. She said he went to the Division of State Lands and found out what he had stated at the meeting was correct. She said he didn't pursue it because the Board thought he was acting superior. She added that Jewitt and his planner were supposed to address in the supplemental findings that their plan was not going to affect the fish and wildlife in the area. She said building will affect fish and wildlife because they are in the area. She said she thinks this issue has been taking the back door, because the first time Jewitt tried to build on this land he was denied a permit. She said that he was trying another way to rezone the land from F2 to RR5. She said it was a piece of land the riparian law was made for. She wanted to know what protection the river will have.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson reported that he had a meeting with Sue Keen, Chair, Oregon Arts Commission regarding things taking place on the state level to encourage public funding for the arts.

Dumdi reported that she and Sorenson set a meeting for Monday, August 17 in reference to passages and implications for non-profits, the way funds are received from state and federal grants. She added David Suchart, Linda Morrison and Rob Rockstroh will also be attending. She said there is a situation in the Santa Clara/River Road area regarding storm water drainage. She said there is someone concerned about the subdivision going in adjacent to their property and the impact on the drainage system.

Weeldreyer publicly thanked Mike Moskovitz and the Youth Services staff for the dedication of the treatment center. She also commended the Mohawk Valley for the Mary Cole days last Saturday. She said last Friday she drove a County passenger van with 11 members to St. Helens, Oregon to look at the community's technology center.

Dumdi reported that she will go to Newport with John Cole, Roger McCuckin and Kent Howe to examine Lincoln County's Planning and Development Department. She wanted people who were concerned about Land Management to know that other alternatives are being looked into.

4. COMMISSIONERS' BUSINESS

a. UPDATE/Facilities Capital Improvements Projects (No Material).

David Suchart, Management Services, reported that the building had been cool during the recent heat spell due to the facilities' staff's diligence in repairing the air-conditioning system. He said the Adult Corrections facility is progressing well, still on budget and still on schedule to be completed. He said that at the Juvenile Justice Center, they are on schedule and he hopes the building is covered up by November 1. He added that he hopes to have the area in front of the juvenile facility ready so that there is car parking in front.

Cornacchia stated the University of Oregon had made a request to use part of the site for their permitted activities, including serving alcohol. He added that Steve Carmichael, Youth Services, is uncomfortable about that and said the Board would be uncomfortable as well. He said the message should be sent back that the County wants to assist the University in its parking situation during the games, however the alcohol related activities should take place on university grounds, and leave the County grounds to non-alcoholic permitted functions for basic parking.

Suchart said he has not heard back from the University of Oregon on this issue.

Cornacchia stated he was uncomfortable having students monitor for alcohol at the parking lot of the juvenile center. He said he wants a type of methodology for communicating and asked the University to communicate so there will be no negative occurrences that day. He asked Suchart to get together with Carmichael and stress the importance of all participants on County property.

Suchart added the parking at the facility is weather permitting, as there is still construction on the site and the final pavement will not be laid by September. He said he is anticipating about 100 parking spaces.

Cornacchia asked that Suchart arrange a meeting with Carmichael and Mike Moskovitz, Public Information Officer, because parking is becoming more of a premium and a problem and the County needs to be part of the solution, not part of the problem.

Suchart also noted he is working with the National Guard to conclude that issue. He said Terry Wilson will be meeting with the National Guard on Friday and there will be a report back on that situation within the next few weeks.

Cornacchia suggested that Mike Moskovitz, get in contact with Steve Carmichael to draft a letter to the delegation asking for renewed and continued help in the appropriation of the National Guard Armory. He added that he wanted all Commissioners to sign the letter.

Suchart reported that on the Public Service Building, next Tuesday the dirt will be removed and on August 17, the roofers will begin. He said a wall has been added in front of his office. He said he is not sure of the date the front of the courthouse will open. He said the hold up is the wheelchair lift and the factory that builds them is off the month of August, so there is no way of knowing how far along they are on the project.

b. PUBLIC HEARING AND ORDER 98-8-5-1/In the Matter of An Election Authorizing Lane County General Obligation Bonds for a Jail Intake and Assessment Center in the Amount of Not More Than $5,100,000.

Cornacchia reported this is the companion order to the actions taken last week to be placed on the ballot from the work of the Public Safety Coordinating Council (PSCC). He said this bond would allow the jail to be modified and expand the current intake center from 35 to 100 beds which would allow staff to hold individuals up to 72 hours before release. He said this is a step toward improvement that is needed and is of major importance to PSCC and the Eugene and Springfield City Councils.

Cornacchia opened Public Hearing. With no one signed up to speak, he closed the Public Hearing.

MOTION to approve PUBLIC HEARING AND ORDER 98-8-5-1.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

c. DISCUSSION/FOURTH READING AND SETTING FIFTH READING AND PUBLIC HEARING/Ordinance No. PA 1106/In the Matter of Amending the West Eugene Wetlands Plan by Adopting New or Revised Plan Policies, Revising Plan Text, and Adopting a Severability Clause. (NBA & PM 2/4/98, 2/18/98, & 4/8/98) (Fifth Reading and Public Hearing: August 26, 1998, 1:30 p.m, Harris Hall Main Floor)

Cornacchia stated the question that was asked of Jan Childs was directed specifically toward campus industrial, not all industrial lands. He said her response dealt with all industrial land.

Jan Childs, Planning Director, City of Eugene responded the council did actually discuss campus industrial as a designation. She passed out an additional information sheet that Steve Gordon (LCOG, Expert on Wetlands Planning) put together. (See copy in file.) She said at the last meeting Green asked about the status of possible changes in Wetlands legislation at the federal level and if any of the changes had been adopted. She said the amendment that has been adopted is through the 1996 Farm Bill and there is potential impact on mitigation ratios' policy in the existing West Eugene Wetlands Plan. She said that part has been pulled out of the package to allow staff additional time to determine what the impact of the federal change is on the mitigation program in Eugene.

Steve Gordon, LCOG, Expert on Wetlands Planning, reported there is pressure about wetlands that is controversial and he doesn't see anything changing in Washington, D.C. He said they are working on permits around wetlands to solve some of the agricultural wetland problems but regarding the Clean Water Act, but there has been no progress in Congress.

Childs stated there are two corrected pages on the Staff Memorandum which are the tables related to the supply of industrial land. She said the changes were of an impact of less than five acres. She said figures were put in the wrong column. She said the impact to campus industrial (special light industrial) involved two things. She said when the request was made from Cornacchia, it was her understanding the request was based on the acreage that was included in the inventory in 1993 with the subtractions from the total inventory based on the West Eugene Wetlands Plan. She said she was not asked to try to separate out to determine how much of the special light industrial land had actually been developed, but was still dealing in the 20-year projection range.

In response to Cornacchia's question of developed land, Childs responded that Hyundai's development of Phase 1 had impacted the supply and said the total site was 210 acres with Phase 1 containing 100 acres. She said to the north of 11th Avenue there is a significant area that is designated special light industrial and is not built out. She said it included 200 acres and is the largest section.

Gordon said he understood Cornacchia's question as the total acres of campus industrial, how much is affected by wetlands, how much is developed and how much is left to be developed.

Cornacchia said he wanted to know the true impact. He said it had been proven to him by the anti-Hyundai group for the criteria not to be changed. He said the assumption that has been reached that if this criteria is approved in its current form, all of the special light industrial acreage in the West Eugene Wetlands Plan is effectively gone, stops Hyundai, and helps the anti-Hyundai agenda. He said it seems to him that wetlands protection and balancing are not being discussed, only Hyundai. He said he is looking at the future of the community in Eugene from the standpoint of special light industrial. He wanted to know what will be left. He said Eugene, City of Springfield, Cottage Grove and Junction City are impacted as to the needs of Lane County for special light industrial zoning.

Childs noted the Eugene City Council did discuss industrial land. She said they noted that even with the subtractions of the total inventory, there is a total of almost twice the acres of buildable industrial land than are shown in the high demand protection over the 20-year planning period. She said the council is interested in looking at the future as they have looked in the past, at the possibility of redesignating land in categories that may have an oversupply of land in redesignation to special light industrial.

Dumdi stated she was involved in the industrial land study group in 1982 and said things change. She added you cannot predict 20 years into the future and claim this will remain the same. She said there needs to be flexibility because things that have been said in the past have not always proven true.

Childs stated the question that she responded to was the impact of the West Eugene Wetlands Plan designation in 1992 for protection and restoration of the overall supply of industrial land. She said the total amount of land was 2,763 acres within the Eugene site of the urban growth boundary. She said the 485.2 was the subtraction based on areas designated for protection or restoration in 1992. She said the additional subtraction, 6.7 acres, is the result of two metro plan amendments that the Eugene City Council adopted that changed industrial designations to commercial designation. She said that left a net total of 2,271 buildable acres of industrial land within the Eugene portion of the urban growth boundary. She added the council also added Springfield's buildable acres, so a regional total was determined.

Sorenson said he was concerned about the August 26, Public Hearing. He wanted to know if the Board will be able to tell people the concerns about buildable acreage that will be in the Eugene/Springfield growth boundary. He wanted to know if these amendments are adopted and (given the broad public support for the wetlands protection), will there be an increase or decrease or modifying the number of acres of wetlands to protect and restore.

Childs responded if the Planning Commission's recommendations were ultimately to be adopted in total, it would result in a subtraction of 121.8 additional acres from the industrial land supply based on designation of that property for protection or restoration and half of the land would come from campus industrial. She added the piece of information that Cornacchia asked for will be provided to the Board later this month.

Cornacchia stated the Planning Commission's recommendation is site specific to EWEB, Hyundai and the race track. He said those recommendations for the ultimate disposition of those lands still leave acreage within the West Eugene Wetlands Plan for future application of the criteria. He said once you have taken out what has already been taken out from 1992, and what is being recommended by the Planning Commission, there is still buildable acres in the West Eugene Wetlands Plan Boundary of which a criteria will be applied in the future. He said his position is that becomes protection and restoration as well. He said he wanted to see in the total West Eugene Boundary, if it is assumed that this criteria basically stops development on everything, what will be the end result.

Gordon suggested that it would be useful if a map were prepared to show where campus industrial sites in West Eugene are located, as well as the wetlands and where development is taking place, and then an assumption could be made about acres.

Childs stated that she will provide the information requested and said that this package of amendments was not prepared by an individual, but by a staff team and does not reflect any individual's agenda.

Dumdi stated that a message has been seen that has been effective, because companies outside of the area that wanted to expand are no longer looking to Eugene. She said firms that were first looking in this area are going to other places. She said she is disappointed that this group has succeeded in turning away work from Eugene.

Gordon stated he believes in the West Eugene Wetlands Plan, trying to find a balance inside the urban growth boundary between development and protection of the unique Westland resource that was discovered there.

Childs said her understanding of Cornacchia's comment is the concern about how much future application of the criteria might take place. She said there are no more inventories of land in West Eugene. She said she will find out what the potential for additional future wetlands that aren't already covered in the plan will be.

Childs stated there were two potential outcomes for reopening the process of protection of land by a joint agreement of all the bodies in the metro plan. She said if the Board of Commissioners either doesn't adopt any of the amendments or doesn't adopt amendments related to the criteria, the plan would go through the same refinement plan process, public hearings before the Planning Commissions of Lane County and Eugene, and actions by the Board and City Council.

Gordon said what most likely will be seen is what Hyundai has done on their site, more natural in character and less landscaped architecture. He added there might be some opportunity to recoup economic loss by doing mitigation on site. He also said that one of the advantages of the plan after the vote gets submitted (Wetland Conservation plan under state law) to Oregon Division of State Lands, is that it assists developers when they want to get wetlands permits. He said it gives them more of a certainty to get a permit in a timely fashion based on state and local concurrence with the Wetlands Plan. He said it is worth money to a lot of people in the community.

Childs said the primary change the Eugene City Council made to the Planning Commission's recommendations is one of approach in the existing West Eugene Wetlands Plan, in the amendments that were moving forward. She also said rare plants were defined. She added the City Council's recommendation is to create by policy within the plan the list of plants and animals so control of the list would be at the local level. She said the recommended change to the mitigation bank policy has been pulled out and she removed all amendments that might be considered site specific from the packet.

MOTION: to approve Discussion/Fourth Reading and Setting Fifth Reading and Public Hearing/Ordinance No. PA1106.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

5. EXECUTIVE SESSION as per ORS 192.660

None.

6. COUNTY ADMINISTRATION

a. Announcements

Bill Van Vactor, County Administrator announced there is another work group for the Joint Interim Committee on Public Contracting which he is co-chairing in Salem this afternoon.

Cornacchia mentioned that faxes and letters from the Association of Oregon Counties (AOC) have been going to the commissioners. He said that he and Van Vactor are becoming concerned about the amount of information that is being asked for in a short time frame. He said it appears that AOC has forgotten that Counties are heavily impacted with service delivery needs. He suggested that all of the Board delegate to Van Vactor, based on workload, the things to be responded to for AOC. He added, if a particular commissioner has a desire about certain information to be provided to AOC, then that commissioner can take it up themselves, without staff help to provide information.

b. ORDER 98-8-5-2/In the Matter of Eliminating Two Special Revenue Funds that are no Longer Required and Transferring the Remaining Fund Balances to the General Fund.

MOTION: to approve ORDER 98-8-5-2.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

Cornacchia recessed the meeting to return at 10:45 a.m.

7. PUBLIC WORKS

a. ORAL REPORT BACK/London Road Slide.

Ollie Snowden, County Engineer, reported on his July 31 Memorandum. He said at the Board meeting on July 8 he was requested to come up with a low cost treatment of the slide, one that would make the detour route permanent without any slide stabilization work. He said Squire's recommendation was to make the detour route permanent without doing slide stabilization. He said in their opinion the risk of a catastrophic failure is high enough that it poses an unacceptable risk to the County. He said, based on the County's suggestion, the detour route should not be made permanent. He added a tentative agreement was reached with Weyerhaeuser that has three primary points, that Weyerhaeuser at its expense install the trench drains that were recommended at the upper portion of the slide. He said they would propose to do that work this summer. He said the second point would be for the County to be responsible for stabilizing the lower slide and doing any kind of road repair or relocation work. He said it could be done totally with County money or pursuing Federal Highway Administration Emergency Relief Funding which would pay for 90% of the work. He added if the County went the federal route, it would be a state administered contract and work would be done in 1999. He said the County's match would be $50,000 to $100,000. He said the third point is Weyerhaeuser not constructing the rock toe berm that was included in Squire's report. He said it would be a rock berm along the Weyerhaeuser service road. Snowden said it was Squire's opinion if this were deleted, it would not affect the stability of the slide itself. He said there might be additional work that Weyerhaeuser may incur because of debris or the service road, but London Road would not be affected. He said it was acceptable with the County. He said Weyerhaeuser wants to restrict its financial participation to the trench drains on the upper portion of the slide. He said if the County were to pursue this route, the agreement with Weyerhaeuser would need to be amended. He added the County would sign an agreement with Oregon Department of Transportation that would facilitate the federal funding and extend the entry permits with Weyerhaeuser. He said the Corps of Engineers will keep the detour route where it is currently located through the summer of 1999. He said he has to provide additional documentation to the state and federal authorities that will convince them doing a no build (closing London Road) is unacceptable.

Weeldreyer thanked Brad Kitselman with Weyerhaeuser and Ollie Snowden. She added it was in the best interest of the County that they make this investment.

MOTION: to approve the recommendation of the July 31, 1998 Memorandum from Ollie Snowden, County Engineer.

Weeldreyer MOVED, Dumdi SECONDED.

VOTE: 5-0.

b. FOURTH READING AND DELIBERATION/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) (NBA & PM 4/22/98, 5/6/998, 7/15/98).

Mike Copely, Land Management, stated a hearing was held on May 6 and at that time the Board took tentative action to approve the proposal and instructed the applicant's agent, Mr. Miller, to prepare supplemental findings. He said two versions of supplemental findings were prepared. He said the first version was put out for review and comments were received. He said Mr. Miller incorporated those into a second set which was distributed to the Board on July 8. He said the findings consist primarily of a response and discussion of the potential impacts of the proposal on the BLM property to the east as well as some other topics. He said that he would recommend approval and a strong element of that is the site review. He said the key element is the property may not be buildable, but site review is the way to make that determination.

Steve Vorhes, County Counsel, said that he concurs and the revised version addressed some of the questions and concerns that were raised by the commissioners at the hearing.

MOTION: to approve Fourth Reading and Deliberation/Ordinance PA 1111.

Weeldreyer MOVED, Green SECONDED.

Dumdi stated in spite of the findings, she cannot change her position from what it was in May. She said she still has concerns about the feasibility of the property being developed.

Sorenson said he concurred with Dumdi and his view is that the testimony offered by the opponents was more persuasive on whether approval should be made.

ROLL CALL VOTE: 3-2, Dumdi and Sorenson dissenting.

8. CONSENT CALENDAR

A. Approval of Minutes: July 15, 1998, Work Session, following HACSA
June 1, 1998, Joint BCC/Cottage Grove City Council,
6:30 p.m.

B. Assessment and Taxation

1) ORDER 98-8-5-3/In the Matter of Refunds to Alan O. Maxwell & David E. Carmichael, Attorney; Larry E. & Jan M. Polen & David E. Carmichael, Attorney and Willamette Industries, Inc.

C. Public Works

1) ORDER 98-8-5-4/In the Matter of Authorizing Sale of a County-Owned Drainage Easement Located Northerly of Beltline Road Under ORS 271.530 (3)(a).

MOTION to approve the Consent Calendar.

Green MOVED, Dumdi SECONDED.

VOTE: 3-0.

9. HEALTH AND HUMAN SERVICES

a. ORDER 98-8-5-5/In the Matter of Establishing Permanent Administration of Parole and Probation Services Within the Department of Health and Human Services.

Rob Rockstroh, Health and Human Services, reported a subcommittee met several times and the group voted to put Parole and Probation Services with Health and Human Services. He added the PSCC also voted to put Parole and Human Services with Health and Human Services.

MOTION: to approve ORDER 98-8-5-5.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

Sorenson stated that he spoke with Mr. Jenson regarding Tsunamis. He said Jenson will be providing the Board with a copy of a report that was given on a Tsunami work shop in June of this year in Florence. He said the concerns that he expressed were the subject of a one or two day workshop and he is providing five copies of those materials. He said after the Board reviews the materials, he would be able to make a presentation.

10. EMERGENCY BUSINESS

None.

Cornacchia recessed the meeting, to return at 1:30 p.m.

Melissa Zimmer
Recording Secretary

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