January 14, 1998

BOARD OF COUNTY COMMISSIONERS REGULAR MEETING

Harris Hall Main Floor

9:00 a.m.

 

Chair Steve Cornacchia presided with Ellie Dumdi, Bobby Green, Sr., Peter Sorenson, and Cindy Weeldreyer present. C. Daniel Lindstrom, Recording Secretary.

 

1. ADJUSTMENTS TO THE AGENDA

 

None.

 

2. PUBLIC COMMENTS

 

David Oaks, 134 Cross Place, Eugene, stated that he represented Support Coalition, a human rights group of advocates for persons in psychiatric treatment. He said a major concern of his group was informed patient consent about the use of psychotropic drugs. He recounted incidents of litigation involving the death of persons prescribed such drugs by Lane County Mental Health Services. He said monthly Behavioral Health Client Death Summary reports received by commissioners were the result of work of his group, but that its input regarding informed consent forms had been ignored by staff.

 

Brad Kitselman, 77629 Pacific Highway South, Cottage Grove, stated that he was Operations Manager for Weyerhauser Corporation in Cottage Grove. He stated that his company was committed to working with the County to correct land slide conditions on London Road and to keep the road in place.

 

3. COMMISSIONERS' ANNOUNCEMENTS

 

To be held later in the meeting.

 

4. COMMISSIONERS' BUSINESS

 

a. UPDATE/Facilities Capital Improvement Projects (no material).

 

Human Resources and Management Services Director David Suchart stated that architectural drawings for the additions to the Adult Corrections facility were being received, that contractor bids would soon be accepted, and that actual construction would likely begin in mid-February. He said contracts with the Federal Marshal's office had been signed and that other elements of the development were on schedule.

 

Mr. Suchart said that site work on the Juvenile Justice Center had been completed and laying of foundations had begun. He described plans for the rest of the project, said he was convinced it would be completed on time and under budget estimates, and reported that he would share schematic drawings of the Treatment Center at a future meeting.

 

In response to a question from Commissioner Cornacchia, Mr. Suchart explained that the availability of Federal funding for construction of a new National Guard Armory in Eugene was promising, which would enable the current facility to be incorporated into plans for the Juvenile Justice Center.

 

Commissioner Cornacchia reported having had discussions regarding suggestions of area mayors that daytime truancy laws be established. He said he had developed concerns regarding the proposal, especially with the possibility of participation of Lane County. He said he believed it was essential to avoid criminalization of truancy and encourage attractive educational opportunities such as provided by Thurston High School sport teams.

 

Mr. Suchart described progress in developing an effective County Courthouse alarm system and in dealing with bringing the Public Service Building into compliance with Americans with Disabilities Act (ADA) requirements.

 

Commissioner Sorenson suggested that a needs assessment of ADA requirements for the Public Service Building be brought to the Board of County Commissioners.

 

b. ORDER 98-1-14-1/In the Matter of Appointing Representatives to Various Committees and Agencies.

 

Commissioner Green said the large number of agencies and committees on which commissioners were expected to participate suggested that prioritization of actual attendance needed to be made.

 

Commissioner Sorenson said he agreed with the concern and stated that he believed his first duty as a commissioner was in responsibilities of the Board of County commissioners. He said he preferred that the assignment of members to various agencies and commissions be termed something less formal than "representative."

 

Commissioner Weeldreyer said that she viewed commissioner representation on agencies and commissions to be a way to establish two-way communication with county government and that the meetings were mutually beneficial.

 

Commissioner Cornacchia pointed out that many of the representational positions were statutorily mandated and that many were inter-jurisdictional and required face-to-face interaction. He suggested that such representation was an assumed role for commissioners.

 

Ms. Weeldreyer suggested that it would be helpful to add additional committees of the Association of Oregon Counties to the list of agencies and commissions on which commissioners served. She said she would provide lists to staff.

 

MOTION: Approval of the Order.

 

Green MOVED, Dumdi SECONDED.

 

VOTE: 5:0.

 

c. ORAL REPORT/London Road.

 

Transportation Planning Engineer Thomas Stinchfield stated that, in the absence of County Engineer Oliver Snowden, he would report on conditions of London Road. He stated that proposals for correction of problems created by landslides were to be received by January 20, that discussions with Weyerhauser Corporation had led to agreement regarding improvement of conditions. He said contracts for planned work would be let in mid-February and geo-technical studies completed by late April. He said a report would be made at that time regarding cost estimates for final repair work.

 

Commissioner Weeldreyer stated that she appreciated the efforts involved in correcting the problem.

 

Commissioner Sorenson determined that the $60,000 cost of the geo-technical study would be equally shared by Lane County and Weyerhauser Corporation.

 

Commissioner Cornacchia requested that further reports on the project be made to the Board of Commissioners.

 

d. REPORT/Youth Pledge; Lane County's Promise to Our Youth.

 

To be held later in the meeting.

 

5. EXECUTIVE SESSION as per ORS 192.660

 

To be held later.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

County Administrator Bill Van Vactor announced that the joint meeting of the Board of County Commissioners with the Lane County Fair Board would include making awards for outstanding achievements in promoting tourism in Lane County.

 

7. YOUTH SERVICES

 

a. ORDER 98-1-7-4/In the Matter of Delegating to the County Administrator Authority to Execute an Intergovernmental Agreement With the State of Oregon for Development of a Statewide Juvenile Justice Records System.

 

Youth Services Director Steve Carmichael described the project of creating a statewide data collection system for juvenile justice managed by the Oregon Youth Authority. He reminded commissioners that they had approved a letter of support for the system in September 1997 and explained that authorizing the execution of an Intergovernmental Agreement was needed to ensure completion of the project.

 

Mr. Carmichael described the status of development of the project and what would be the benefits and requirements of Lane County as a participant.

 

MOTION: Approval of the Order.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

In response to a question from Commissioner Green, Mr. Cornacchia stated that access to juvenile education data would be included in the system under development. He explained the importance of such an inclusions and said that the Lane County CHILDLINK project under development was an additional opportunity for increased linkage between agencies.

 

Commissioner Green offered to be of assistance in bringing representatives of school systems together in the project.

 

Commissioner Weeldreyer reported that the Governor's Council on Technology was seeking ways to support enhancement of the program.

 

Mr. Cornacchia said that he was aware of the importance of the system under development, but that he planned to continue to monitor the project to ensure that privacy rights of individuals would not be impinged by its capacities.

 

VOTE: 5-0.

 

Mr. Cornacchia requested that a report on the actions of the Oregon Legislature Emergency Board regarding the Juvenile Justice Records System be made to the Board of Commissioners.

 

8. PUBLIC WORKS

 

a. THIRD 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).

 

Public Works Land Management Division Analyst Michael Copely reviewed the legislative history of the proposed ordinance and the staff recommendation that it not be adopted. He said the recommendation was based on the recommendation of the Planning Commission and condition of the land in question.

 

Commissioner Weeldreyer said she did not believe not supporting a recommendation of staff should set a precedent in land use matters. Mr. Copely replied that he did not believe precedent would be set by such action, but that it would be considered a benchmark on which future recommendations would be set.

 

Assistant County Counsel Stephen Vorhes said that he agreed with the interpretation of Mr. Copely. He added that a challenge to a decision of the Board of Commissioners in the matter could serve as a precedent.

 

Commissioner Weeldreyer said her decision regarding the amendment application was based on information received during the public hearing--that no offer to purchase the land had been forthcoming when it was offered as agriculturally zoned, and surrounding similarly zoned property was able to support small scale agricultural operations. She said she continued to be committed to preserving agricultural land, but wanted to consider each case independently. She said she did not believe the property owner should be penalized in the current case.

 

Commissioner Dumdi said that she agreed with commissioner Weeldreyer. She said the situation in question was a difficult one to determine. She suggested that an environmental preservation organization would need to purchase the land to continue its use for agriculture. She said she based her support for the application on the surrounding configuration of properties, the needs of the owner, and the stated plan to subdivide the land into five acre parcels.

 

Commissioner Sorenson said that he believed the quasi-judicial role of the Board of Commissioners when considering land use applications made him agree with the recommendation of the staff and reject the application.

 

Commissioner Green stated that he had not been present when the application had been previously considered by commissioners, but that he had listened to audio tapes of the proceedings, read all relevant material, and had made a visit to the site. He said he agreed that each similar land use decisions. He said he had made his decision based on his conclusion that there was little to be gained by not approving the application besides enforcing the rules.

 

Commissioner Cornacchia stated that he believed there were competing policies and interpretations affecting the current application. He said the difficulty of successful agricultural use of the land made him conclude that soil class determination alone was not enough to justify classification of property. He said State land use regulations recognized there were reasons for not preserving land zoning. He said maps showing surrounding land use convinced him to support the application.

 

MOTION: To approve Ordinance PA 1102.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

VOTE: 4-1, with Commissioner Sorenson voting no.

 

Mr. Vorhes recommended that commissioners reconsider their action, replacing it with a tentative action allowing additional time for preparation of findings by staff supporting the decision of the commissioners.

 

MOTION: that approval of Ordinance PA 1102 be reconsidered.

 

Cornacchia MOVED, Weeldreyer SECONDED.

 

VOTE: 5:0.

 

MOTION: that Ordinance PA 1102 be given tentative approval, pending preparation of additional findings by staff supporting its approval.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

VOTE: 4-1, with Commissioner Sorenson voting no.

 

Commissioner Cornacchia declared a recess in the proceedings.

 

Commissioner Cornacchia re-convened the meeting of the Board of County Commissioners at 10:50 a.m.

 

3. COMMISSIONERS' ANNOUNCEMENTS

 

Commissioner Sorenson reported that at recent presentation at a meeting of a Veterans of Foreign Wars organization, he had received several questions about whether commissioners favored continuing operations of the Veterans Service Office. He responded that there was support for continuing operation of the office.

 

Commissioner Sorenson stated that he had followed up on a suggested contact with the Association of Oregon Counties and would likely become a participant in its Legislative Committee.

 

Commissioner Sorenson reported that he was scheduled to meet with the Superintendent of the Willamette National Forest and that other commissioners were welcome to join him.

 

Commissioner Weeldreyer stated that she had attended her first meeting of the Oregon Technical Council and had received a valuable introduction to its concerns by another member recently appointed from Lane Community College. She said she intended to prepare a white paper on telecommunications issues by the end of the month and would pursue her positions on such issues by reactions from commissioners.

 

Commissioner Weeldreyer reported that she had attended a gathering held in honor of a retiring Waste Management employee. She said she had learned of a new leachate control tool and encouraged that a future work session meeting of the Board of Commissioners be held at the Short Mountain Site.

 

Commissioner Cornacchia reported that the Department of Public Works had recommended that commissioners participate in a road tour of waste management projects.

 

Commissioner Weeldreyer thanked staff for its assistance in organizing a recent on-line conference of officials from throughout the State. She said she believed more of such meetings would be held in the future.

 

Commissioner Green reported that he had provided members of the Eugene City Council with an update on activities of the Lane County Future Focus Task Force. He said he had encouraged consideration of cooperative service provision.

 

Commissioner Green distributed copies of his newly printed business cards which contained the mission statement of Lane County.

 

Commissioner Dumdi stated that she would be unable to attend the next Regional Strategies Board Work Session to be held in Salem.

 

Commissioner Cornacchia said that he had no announcements, but wanted to note that the recent appointments of Commissioner Weeldreyer and Commissioner Green to state committees was evidence of recognition of their unique abilities.

 

8. PUBLIC WORKS (Continued)

 

b. ORDER 98-1-14-2/In the Matter of Entering Into a Professional Services Contract with Woodland Management, Inc. for Timber Management Services and Delegating Authority to the County Administrator to Sign the Contract.

 

Parks Division Manager Robert Keefer stated that three applicants for the timber management contract had been interviewed. He explained details of the contract.

 

In response to a question from Commissioner Sorenson, Mr. Keefer said that the Parks Advisory Committee had been involved in review of the contract to be issued.

 

MOTION: To approve the Order.

 

Dumdi MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

 

c. ORDER 98-1-14-3/In the Matter of Reappointing Two Members to the Parks Advisory Committee.

 

MOTION: To approve the Order.

 

Weeldreyer MOVED, Dumdi SECONDED.

 

VOTE: 5-0.

 

d. ORDER 98-1-14-4/In the Matter of Authorizing an Engineering Associate Position for the Waste Management Division.

 

Waste Management Division Manager Kenneth Sandusky stated that authorizing the proposed position would produce a savings of at least $28,000 a year over the use of contracted work. He said the position would be half-time at in the Division and half-time at the Short Mountain facility with other coordinating responsibilities.

 

Mr. Van Vactor stated that County Administration supported the request.

 

MOTION: To approve the order.

 

Commissioner Weeldreyer said she believed the proposal was implementation a positive recommendation made by the Solid Waste Executive Group.

 

In response to a question from Commissioner Green, Mr. Sandusky stated that internal transfers into the position would be considered before interviews of applicants from outside the organization would be considered.

 

In response to a question from Commissioner Weeldreyer, Mr. Sandusky clarified that a lead worker position would not be eliminated by the new position.

 

Commissioner Sorenson requested that Mr. Sandusky report on the effects of filling the new position had in a period of months.

 

VOTE: 5:0.

 

9. CONSENT CALENDAR

 

A. Approval of Minutes: August 27, 1997, Regular Meeting, following HACSA
August 27, 1997, Regular Meeting, 1:30 p.m.
December 10, 1997, Regular Meeting, 9:00 a.m.
December 10, 1997, Regular Meeting, 1:30 p.m.

 

B. Human Resources and Management Services

 

1) ORDER 98-1-14-5/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Richard J. and Elizabeth L. Wobe (Map #17-04-16-31-06500, Adjacent to 2280 Devos Street, Eugene).

 

C. Public Works

 

1) ORDER 98-1-14-6/In the Matter of Awarding a Contract to Mike and Ruth Mace for Camp Management at Camp Lane and Authorizing the County Administrator to Execute the Contract.

 

2) ORDER 98-1-14-7/In the Matter of Relinquishing a Portion of Club Road to the City of Eugene.

 

3) ORDER 98-1-14-8/In the Matter of Extending the Lease with EWEB Covering the Vida Solid Waste Transfer Site.

 

4) ORDER 98-1-14-9/In the Matter of Entering into a Funds Exchange Agreement with Oregon Department of Transportation (ODOT) for the Lorane Highway Improvement Project.

 

5) ORDER 98-1-14-10/In the Matter of Awarding a Contract to Western Power & Equipment in the Amount of $240,941 for the Purchase of One (1), New Carrier-Mounted Hydraulic Excavator with One (1) Trade-in, Contract FY97/98 FS-05.

 

D. Youth Services

 

1) ORDER 98-1-14-11/In the Matter of Delegating to the County Administrator Authority to Execute a Contract With the Center for Family Development to Provide Family Preservation Counseling to Delinquent Youth.

 

MOTION: To approve the Consent Calendar.

 

Dumdi MOVED, Weeldreyer Seconded.

 

VOTE: 5:0.

 

Commissioner Sorenson asked if the joint meeting of the commissioners with the Fair Board had been given proper public notice. Mr. Van Vactor stated that public notice for the meeting had been included on its published agenda and had followed all required standards.

 

Commissioner Sorenson said that he was concerned about public notice of meetings to ensure that criticism that such notices were not properly given was unfounded.

 

Commissioner Sorenson determined that three commissioners would not be attending the next meeting of the Future Focus Task Force. He asked that notices of future meetings of the group identify the possibility that they might be legal meetings of the Board of Commissioners, if a majority of the members attend.

 

d. REPORT/Youth Pledge; Lane County's Promise to Our Youth.

 

Networking for Youth President Joe Barney distributed copies of a document entitled "YouthPledge Summit: A Framework for Next Steps" and presented a report on the Lane County youth summit held in response to the President's Summit on Youth. He described the years of activity which led to the Lane County event, the 2500 participants, the "Open Letter from Young People" developed at it, the 300 pledges of support received at the event, and the national recognition given to the county because of it. He presented the framework for next steps from the event--commitment gathering, communications, database development, and convening of resource consortia.

 

Commissioners Sorenson and Dumdi expressed appreciation for the report and leadership of Mr. Barney.

 

10. REVIEW ASSIGNMENTS

 

None.

 

11. EMERGENCY BUSINESS

 

None.

 

Commissioner Cornacchia adjourned the meeting to an Executive Session at noon.

 

C. Daniel Lindstrom, Recording Secretary

 

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