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December 2, 1998

BOARD OF COMMISSIONERS' REGULAR MEETING

1:30 p.m. Harris Hall Main Floor

 

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

 

13. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

14. OTHER BUSINESS

 

a. ORAL REPORT BACK Status Report--Forest Work Camp.

 

Paul Sachet, Corrections Division, reported back to the Board as a requested follow-up to the reopening of the Forest Work Camp and to report on the impact of the Board's authorization of the inmate selection criteria change. He noted the Forest Work Camp in Alma was reopened on September 13, 1997 and its accomplishments have been quite remarkable. He prepared a written handout which he read into the record (see copy in file). He said from opening through October 98, they have assigned 664 inmates, supervised 28,337 inmate days (service provided) and showed they took people from the jails and supervised them outside of the jail successfully for that period of time. He stated in the spring they asked that the selection criteria exceptions be changed to consider inmates assigned to the Forest Work Camp in the same way that they assign them to the Community Corrections Center. He said that change was effected in July of 1998. He added the most significant change was with the person crimes, from 15% to 24% of the population. He noted that since the policy change they had only experienced one walk away, from a work site (from July 1). He said the final accomplishment experienced to date is the completion of construction of the 60 bed dormitory and its opening, to save the County $200,000.

 

Van Vactor noted that the average daily population is 80 or 90. He said it takes time to ramp up the facility and knowing there is approval for 120 beds, will 80 or 90 be the leveling off point.

 

Sachet stated they are subject to the sentencing practices of the courts and for the moment are leveled off, but holidays are coming up and they are subject to the criminal justice system taking time off and it slows down and they have not reached a true leveling off point.

 

John Clague, Sheriff's Department, reported that he gave specific direction that he did not want to push to get all 120 beds filled immediately, because it will have a significant impact on the inmate worker population in the jail that is used to run the kitchen and do janitorial work. He said those people are often moved out to put in the Forest Work Camp. He added with the uncertainty of the future of the camp, he won't push it to get to 120 because of the impact it has on the organization. He stated the camp is important in terms of having a full continuum of services in the corrections program. He added if they lose the camp now, they will have a broken system and they are on the verge of having a comprehensive and well integrated system with an array of services that complete the continuum.

 

Weeldreyer stated the department had made a commitment to improve communication between the work camp and the neighbors on Wolf Creek Road. She said she had been on a public radio show and a listener called in that lived on Siuslaw River Road, that knew nothing about the meeting and has the same levels of anxiety with the change in the criteria and the level of the offender that is being housed there. She wanted to know if efforts were being made to communicate down that route of escape for the residents that live along that road. She wanted to encourage the department to involve them as well.

 

Clague responded the mailing list was derived through LCOG and announcements were sent to 300 addresses that completed a circumference around the camp.

 

Green wanted to know if the work camp is lost, if there were any other alternative plans to keep the facility in operation.

 

Clements reported that this was an effective use of incarceration dollars. He said a better job needs to be done in developing other pieces. He said with regard to average daily population, that number could be increased but the intake center provides a larger ability (a net gain of 65 beds) and another 35 beds will come on as a result of the arrangement with the U.S. Marshal's Service. He added if a bond is passed, they would be able to get more people through the system and there would be a bigger pool qualified for minimum security placement. He said he was confident to move to full utilization if there is a rise beyond July 1999. He added in view of the levy's failure, they have an appointment with the Director of the State Department of Corrections and he is amenable to a cooperative relationship. He said at that time they will have to determine what supply of minimum security people qualify for placement at the work camp. He said they are moving forward with other jurisdictions to determine what demand they have for minimum security bed space. He said they are committed to keeping the Forest Work Camp open, but it is not with benefit to Lane County's criminal justice system because Lane County offenders will not be there. He said he doesn't want to be running bed space for other jurisdictions, he wants to plug it into Lane County. He said it is a preferable alternative to keep it up and running and not subject it to closure. He said they will be moving forward on insuring inclusion in any money measure of funding for the Forest Work Camp that the Board of Commissioners will put forward on behalf of the Public Safety Coordinating Council.

 

Cornacchia asked if there were other funding options that are available between now and July.

 

Clements responded it is difficult to find alternative funding of any other medium. He added there are community correction dollars and the prioritization of that money and general fund monies are very tight in terms of the programs they fund. He said they will not lose sight of the need to move forward with some means of running the camp so it benefits Lane County offenders.

 

Clements stated he will be coming to the Board to talk about a reorganization of the Sheriff's Office. He said they will be in a better position in terms of capacity to do an analysis planning, research and development and have the capacity to move forward on a longer term basis for a three to five year plan.

 

Dumdi pointed out the successful efforts of Sgt. Bob Purdue and all that he has done to make this a successful venture.

 

Sachet noted there is a need to meet with the community because the work camp is changing and discussion needs to be held about any possible change.

 

Green stated there were informal conversations about the continued operation of the Forest Work Camp. He said the Sheriff has a great staff and team and it is evidenced by what is going on.

 

15. PUBLIC HEARINGS

 

a. SECOND READING AND PUBLIC HEARING Ordinance No. 6-98 Amending Chapters 9 and 16 of Lane Code to Adopt Regulations Governing Boating, Construction and Erosion Control and Land Use Within the Clear Lake Watershed, Adopting Savings and Severability Clauses and Declaring an Emergency (LC 9.950, 9.990, 16.005, 16.012 and 16.258).

 

b. SECOND READING AND PUBLIC HEARING Ordinance PA 1122 Amending the Rural Comprehensive Plan and the Coastal Resources Management Plan to Add Policy and Map References to the Clear Lake Watershed Area and to Apply the "Clear Lake Watershed Protection" Zoning District to Lands Within the Area, and Adopting Savings and Severability Clauses and Declaring an Emergency.

 

Mike Copely, Land Management, distributed an additional letter (copy in file) with comments on the proposal change to the zone. He reported there are two ordinances before the Board: Ordinance 6-98 adopts the Clear Lake Watershed Protection Zone as well as some boating regulations in Chapter 9; and Ordinance PA 1122 applies that zone and makes the changes to the Rural Comprehensive Plan and the Coastal Resources Management Plan. He mentioned the watershed boundaries were originally part of State Administrative Rules and that is no longer the case. He added in terms of a mandate from the state to address issues in the watershed, that was in connection with the settlement of the property owner's lawsuit in the area that was settled in 1996. He said the action in front of the Board is a County endeavor and the State Administrative Rules do no longer apply. He said the matter was referred out to the Department of Land Conservation and Development who had earlier commented on the proposals. He said he had received no response, no phone calls, no comments or objections. He added in the correspondence passed out, there are two requests for changes to the zoning district. He said one relates to setbacks on the north portion of Collard Lake that are zoned RR1, requesting a 5 foot side yard and rear yard setback for lots that predate 1984. He stated it is in the rural residential zone and is a reasonable thing to do. He said the second change had to do with tax lot 4400, the Fleagle's property that is in the northernmost tier of properties, to have that removed from the rezoning action.

 

Cornacchia questioned in the event the Board were to take a specific action on one property to exclude it, would it not be a quasi judicial action.

 

Vorhes responded it has quasi judicial elements and he said to try and fit the rezoning itself into a legislative action has some risk. He stated individual notice was given to all property owners affected by the area as if it were quasi judicial.

 

Cornacchia said with regard to ex parte contacts, he and Dumdi have twelve years of ex parte contacts on issues of the watershed.

 

Copely stated it can be best characterized as a trade-off between the multi-layered effect of existing regulations, capturing the important elements and bringing them together in one zoning district. He said it is a matter of how the various standards are packaged. He added in terms of permitted uses and possible uses, some of the parcels would have a smaller envelope of potential uses. He said all of the properties of permitted use are allowed a dwelling unit and the land that was zoned forest land had been prequalified for those dwelling units except for three, that are recited in the zone. He added the watershed zone has the additional advantage of expanding the envelope of environmental concerns to acquire areas on the coastal zones. He said a large number of notices were mailed out to make sure everyone knew what was going on. He said the only response he received was from Barbara Burton of DEQ with questions about zoning, and she indicated at that time she had no objection to it.

 

Copely reported with Ordinance PA 1122 that it is a matter of accommodating the zone as well as applying it. He added there are a number of policy statements and exhibits to that ordinance that say the area shown on the map is called the Clear Lake Watershed Area and there is a zoning district affected within it and within the zoning district. He said the Coastal Resource Management Plan objectives are met.

 

Vorhes noted this has been treated like a legislative action with policy calls on it. He said there is an open question on the quasi judicial nature of it. He said he wasn't sure redrawing boundaries on a large area gets to be quasi judicial.

 

Copely stated that the properties over the ridge are outside of the zone and would not be affected by the action. He said the ones within the zone (and the Fleagle property in question) would be affected by an exchange between the rural residential use opportunity it now has and the application of the Clear Lake zone. He said there is always a concern that it might start to domino and other properties may want to come out.

Green reiterated there was little or no opposition for the rezoning with the exception of a letter from Mrs. Clark.

 

Copely stated everything he had received, the Board has received. He said when they sent out the mailing, everyone received a copy of the zoning with it as well as copies of the exhibits for the zoning action.

 

Van Vactor reminded the Board there were two related or companion items, one dealing with Collard Lake Road and another with an intergovernmental agreement with Heceta Water District in Florence.

 

Copely stated concerning timing, staff is recommending that action be taken on the ordinances today. He said if the Board wishes to make changes to the ordinances, they can be pencilled in and action can be taken on them. He said if other changes are desired as a result of the hearing, they need to be pencilled in and put before the Board in some form and then the matter continued to a third reading on December 16 or to another reading next year when there will be a new Board. He added the third alternative is, if there are substantial issues about the ordinance, the Board could adopt as is with a pledge to consider a round of amendments at some specified time. He said the staff recommendation is to adopt it today.

 

Cornacchia stated the approval criteria is an administrative matter and failure to raise issues today precludes the opportunity to appeal to LUBA hereafter. He added only persons who qualified as a party may appeal the Board decision directly to LUBA.

 

Green stated he had no ex parte contacts.

 

Sorenson stated he recalled someone from the Florence area writing him about a matter connected with Clear Lake. He said they identified themselves as a property owner and that is all he recalled.

 

Weeldreyer stated she had two opportunities for conversation with the Mayor of Florence and Dale Riddle, in general terms.

 

Dumdi stated she spoke about this issue with everyone with the watershed over the last 12 years, but did not present a potential conflict of interest as she will gain nothing by the decision being made.

 

Green stated yesterday he received a call from an anonymous person speaking for a senior group.

 

Cornacchia stated his situation is the same as Ellie's and he spoke with every principal involved. He added this exercise is the result of a compromise of many discussions of different stakeholders and views this as a resolution and not specific to any one particular party or property.

 

Commissioner Cornacchia opened the Public Hearing.

 

Judy Fleagle, 06049 View Road, Florence, pointed out that everybody has had the same opportunity to ask to be removed from the watershed, and they are not trying to cause a problem. She said she would love to have this settled. She said they tried to build on the property that was in the watershed in 1985 and were not able to, so they bought a house built outside of the watershed. She said they were shocked to find out that years later it was being considered in the watershed, and at that time made their desires known to be placed out of the watershed. She said they have established a history of wanting out on that one lot.

 

Dumdi questioned Fleagle about any negative impact based on the new ordinance that would present a problem for them.

Fleagle stated since the very beginning she has been opposed and still opposed to any kind of sewer system in the area.

 

Rosemarie White, 87764 Saltaire St., Florence, commented that when they were trying to find out what was going on, they went to Ralph Christenson in reference to what Fleagle was saying. She asked Christenson how they determined the outline of the watershed and he replied the people that paid him told him to take it as far as he could.

 

Dale Riddle, P. O. Box 851, Eugene, stated he was present on behalf of the plaintiffs in the federal court litigation that successfully obtained a ruling from Judge Coffin, declaring the DEQ moratorium unconstitutional and also on behalf of Aaron Jones as an officer in the Clear Lake Watershed Community Organization. He said as part of the overall settlement of the litigation with the DEQ and the Heceta Water District, it was agreed that he would testify in favor of certain watershed protection measures that have been incorporated in the Clear Lake Watershed Protection Zone, that is before the Board for consideration. He urged the Board to adopt the Clear Lake Watershed Protection Zone, not because it was an agreement to do certain restrictions on their property, but overall it makes good public policy. He added in the end it should be good for both property owners and the people who rely upon the water. He said there are two crucial overriding themes that run throughout the entirety of the Watershed Protection Zone: protection of water quality and to severely restrict the potential for land use litigation. He said it is accomplished by recognizing that each property owner of a legal lot in the watershed is entitled to build a dwelling on his or her property and is also accomplished by setting out in the zone, clear and objective performance standards that are found in subsections 7 and 8 that must be satisfied by the property owner and to be applied by the County planner without having to resort to the exercise of discretion. He said for the past decade, this element of the zoning ordinance restricting land use litigation may be as important as protection of water quality. He added as to the settlement of the litigation, what they agreed to with the DEQ, was for the deed restriction to apply to properties in the watershed and if the Fleagle property is outside of the watershed, it would not be inconsistent with the settlement agreement that they be allowed out. He said they would not have an objection one way or the other.

 

Dumdi read a letter into the record from Ben and Ken Kentch who could not appear in person due to the road conditions between Eugene and Florence.

 

There being no one further signed up to speak, Commissioner Cornacchia closed the Public Hearing.

 

Van Vactor stated the Intergovernmental Agreement is between Lane County, the City of Florence and the Heceta Water District. He said a general discussion was held about what the terms and elements of the intergovernmental agreement would be and this essentially formalizes it. He said it is a cooperative agreement between the City of Florence and the Heceta Water District to jointly develop the water resources of Clear Lake and the purpose of the intergovernmental agreement is to have the three parties agree that cooperative agreement needs to be maintained, in effect and fulfilled and part of the fulfillment of the water needs of the community is to build a facility on land currently owned by the County, so it provides for that to occur. He added it is not a requirement of the ordinance.

 

Cornacchia wanted to know what happens if the two ordinances are passed and then there is a breakdown in the discussion between the city and water district.

 

Van Vactor said the city and water district have as their interest, a development of new water resources and need Lane County's land to do that as part of the intergovernmental agreement. He added the Collard Lake Road issue is the other issue and doesn't directly link to the watershed.

 

Cornacchia said he would rather finish the work on the ordinances and then see if there is interest in a discussion on Collard Lake Road today.

 

MOTION: to approve Ordinance 6-98 with the change to the setback standard and removal of the Fleagle property.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

Copely supplied the Board with the appropriate page exhibits to both Ordinance 6-98 and mapped exhibits to be substituted for Ordinance PA 1122.

 

ROLL CALL VOTE: 5-0.

 

MOTION: to approve Ordinance PA 1122.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

ROLL CALL VOTE: 5-0.

 

Dumdi thanked staff and everyone that worked so hard on the two ordinances over a long period of time. She said not everyone can be satisfied, but 95% have been satisfied and hopes it is well received. She stated Collard Lake Road is a road that serves about 40 homes in the Collard Lake area and is connected to Mercer Lake Road that is a County Road. She added about 20 years ago, the request was made to bring Collard Lake Road into the County system and the Board approved that request, but there was never any final action taken on it because of one property owner. She said that owner owned a small piece of land in the right-of-way and as a result, the property owner has never relinquished the property and the road has never been taken into the system. She said the people living in Collard Lake are respectfully requesting that the Board not necessarily bring the road into the system but would improve the surface of the road including ditching and mowing activity and attention to the surface of the road. She said Public Works has put together a packet explaining the cost: $150,000 to do the repairs on the road and then Public Works is proposing a one-time maintenance. She added it has been done before and is requesting from the Board that they do an ongoing maintenance that would not create a heavy burden on their workload. She said it would make the situation on Collard Lake much better and she is requesting approval that $150,000 be spent to do minimal improvements on the road and that the road be permanently maintained.

 

Cornacchia stated while not setting a precedent, the Board is dealing with some dynamics that are particular to that road itself and how it fits into the watershed.

 

Green noted there didn't seem to be a sense of urgency on this matter and suggested to bring it back next week to discuss other issues that may be trade-off. He said the fact that it is not a County road and not designed to County standards, more time is needed to take another look at it.

 

Cornacchia stated he was inclined to support what Dumdi was suggesting but questioned the continued maintenance. He added he was for continuing this matter to next week.

 

Van Vactor requested that if there are any issues that needed to be addressed, it would be the time to identify them to be put into the agenda material.

 

Dumdi responded she would like to have included in the Intergovernmental Agreement, page 4, number 2 where it says, "Build water withdrawal filtration and transmission facilities on the 120 acres" to add "out of sight of Clear Lake." She said the current facility sits back considerably from the lake and is not in the view and she would like to see the filtration plant in the same general area.

 

Cornacchia stated he supported the idea with the caveat that there needs to be buildable ground for the facility barring any geological constraints.
Van Vactor noted the other major issue that is outstanding on the Intergovernmental Agreement is key to preserving the water quality, because it is a municipal water supply for many people. He suggested an overall objective limit on the amount of water that is withdrawn from the lake. He added there are still negotiations going on between the water district, the city and an affected property owner. He said his recommendation is that it be clear and objective.

 

Howe mentioned the incredible list of achievements that has occurred in the last couple of weeks. He said the list includes items that have been given specific direction or actual closure to: West Eugene Wetland Plan, Eugene Airport, Glenwood Jurisdictional transfer, F-1 Dwelling Issue, Clear Lake Watershed and findings for the controversial plan amendments of the Gillette and Egge issues. He added it has been an intense pace the department has been operating under and stated it merited a list of the actions, some that have been in the works for years.

 

Commissioner Cornacchia recessed the meeting to return at 3:30 p.m.

 

16. OTHER BUSINESS

 

ORDER 98-12-2-11 Approval of a Stipulated Order Regarding the Workers Compensation Claim of George Wojcik.

 

MOTION: to approve ORDER 98-12-2-11.

 

Green MOVED, Dumdi SECONDED.

 

VOTE: 4-0.

 

17. EMERGENCY BUSINESS

 

ORDER 98-12-2-12 Delegating Authority to the County Administrator to Execute a Contract with Coalition to Rebuild Community Television and LCOG Regarding Public Access Programming.

 

Weeldreyer stated it is essentially a housekeeping issue, a new contract is being signed with a new entity and the Board needs to delegate authority to the County Administrator to sign it.

 

MOTION: to approve ORDER 98-12-2-12.

 

Weeldreyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

RESOLUTION AND ORDER 98-12-2-13 Approving a Resolution of Cooperation and Facilitating East Lane County Cities Access to High Speed, High Band Width Fiber Optic Telecommunication Infrastructure.

 

Weeldreyer reported that a month ago the Board authorized she and Dumdi to have a meeting with the cities and the fiber optic company that is putting a long haul fiber line through East Lane County, going through Coburg, Springfield, Lowell, Westfir and Oakridge. She said she and Dumdi did facilitate two meetings to move this process along. She said one meeting was to ask if there was interest in exploring this idea of trading franchise fees or right-of-way fees, that they have legal authority to levy against a company like this in exchange for fiber optic access. She said it has been done in metro areas, but not in rural areas and she is trying to create a pilot for the economic development department that could be used in counties and other parts of Oregon. She said she crafted a resolution of cooperation that is before the Board. She added she sent it out asking for cities to consider it in their council meetings and all five cities have signed the resolution, and Lane County is on there as agreeing to the three principals that were discussed in the meeting. She said Lane County would take a point position in tandem with economic development staff to coordinate the permitting process among all the jurisdictions and to negotiate reasonable access for the communities. She said Lane County government would have access so the facilities and programs in the rural communities would have the benefit of the infrastructure. She said due to the construction and planning schedule of this line, it is a model that can be used in other counties along the route that goes from the Portland area to Klamath Falls. She suggested to schedule a meeting with the communities and the state economic development staff to put a proposal on the table and to negotiate a proposal. She added in the consortium she is trying to put together with the five cities, they would all co-sign a letter to any state or federal agency that also have right-of-way permits to expedite their process, to make sure it goes in and meets the time frame by the end of next year. She said the County obtained a facilities permit that went through Public Works and it has been completed. She said in the packet is a proposed letter to Pacific Fiber Link asking for a specific number of fiber that the County would have for its use. She added they don't provide the service, it would be allocating some of the fiber in the conduit that they are putting through Lane County, and Lane County would put together a business plan to be able to use that for municipal and government use as well as be a broker to spur economic development activities in some of the rural communities. She said she attended a meeting in Coburg and they asked LCOG to revise their franchise fee ordinance that gives them the option of being able to waive their fees in exchange for the use of fiber.

 

Wilson reported on a legal counsel perspective, number 2 causes concern for her in that she hasn't done the research because of the waiver issue or the mechanisms that need to be in place and the contract law issue. She said in terms of giving advice to the Board, she said if they were to sign the resolution, she would recommend signing it, and deleting number 2 because at this point the Board didn't have the ability to deal with franchise fees so it doesn't apply. She noted a resolution which indicates the Board's support and willingness to have Weeldreyer continue to facilitate the communications between the cities, she doesn't think is a problem. She said she would be concerned if Lane County played an active role in brokering the negotiations between Pacific Fiber and the cities.

 

Weeldreyer stated at this point she is definitely asking for item 1 (coordinating permitting processes and act as a conduit with the company) and for 3, to authorize her to send a letter to Bill Scott, Oregon Economic Development, asking for technical assistance in negotiating and creating this rural model for access. She said to add the language "that currently exist" because Lane County doesn't have that in place.

 

Cornacchia said what bothers him is to take out "Or may be created." He added there needs to be additional wordage that puts the caveat that it is not the only consideration in the negotiations. He said the way it reads, the terms of the contracts are already set out. He said there should be some language in it that says including but not limited to, an exchange for considerations. He said there is a resolution that needs to be modified and supported by motion.

 

MOTION: approve ORDER 98-12-2-13, with the suggested language adjustments by Commissioner Cornacchia.

 

Weeldreyer MOVED, Dumdi SECONDED.

 

Cornacchia said he would have the original resolution with handwritten changes, not a rewritten resolution that adds the words. He said Lane County's resolution is modified and Springfield's is modified.

 

Sorenson stated he thought it was worth the risk of authorizing Weeldreyer to convene the meeting of East Lane communities, to send a letter to Mr. Scott and a resolution that brings tremendous economic development to the area and Lane County.

 

VOTE: 5-0.

 

Van Vactor questioned Weeldreyer as to whether there is a need for Lane County staff to be further involved in this.

 

Weeldreyer responded only to the extent of taking minutes of the next meeting, facilitation and coordination.

 

Van Vactor suggested that when the meeting gets convened, to get it in writing, that the County will provide everyone a copy that basically says the County's role is to coordinate and facilitate and are not negotiating on behalf of any city.

Dumdi announced that Fred Manela passed away on Monday and expressed condolences to Steve Manela and his family.

 

There being no further business, Commissioner Cornacchia adjourned the meeting at 3:45 p.m.

 

Melissa Zimmer

Recording Secretary

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