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January 7, 1998

REGULAR MEETING Following HACSA
BOARD OF COUNTY COMMISSIONERS
Harris Hall, Main Floor

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

The following items were actually heard during the afternoon session, but are reported here in order for ease of location.

1. ADJUSTMENTS TO THE AGENDA

Item 8.a. was pulled. Cornacchia asked that the materials be retained, noting that the Board will be receiving response to file notes.

#2. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 98-1-7-1/In the Matter of Adopting the FY 1997-98 Supplemental Budget #2, Making, Reducing and Transferring Appropriations. (David Garnick)

Garnick briefly reviewed the packet material and said there had been no comments from citizens either in writing or by phone.

Cornacchia opened the public hearing. There being no one present who wished to speak, the public hearing was closed.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 5-0.

3. PUBLIC COMMENTS

None.

4. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 98-1-7-2/In the Matter of Amending Chapter 18 of Lane Manual to Revise Certain Moorage User Fees and Regulations, to Add Provisions for Hours of Operation, Admission and Fees at Armitage and Hendricks Bridge Parks and to Remove Provisions Relating to Jasper and Lowell Parks (LM 18.005-18.125).

Keefer briefly reviewed the packet material and explained the reasoning behind the proposed fee schedules for moorage and for picnic areas. He explained how the rate was based in relation to the amount of space and how many people could be accommodated. He talked about increasing the fees during off season to adjust for the lack of money collected at $3 per car during peak seasons.

Commissioner Cornacchia asked about the previous commitment that current owners of small slips will not be forced into larger slips and Keefer said he believed they had done a great job meeting that commitment.

Commissioner Green noted his appreciation for Keefer bringing more information for education to the public to avoid sticker shock and for the County not to appear to be raising rates for the sake of raising.

Cornacchia opened the public hearing. There being no one present who wished to testify, Cornacchia closed the public hearing.

MOTION: Approval of the Order.

Green MOVED, Dumdi SECONDED. VOTE: 5-0.

5. COMMISSIONERS' BUSINESS

a. ORDER 98-1-7-3/In the Matter of Appointing Members to the Lane County Fair Board.

Commissioner Cornacchia noted there were several applications in the packet, two of which were from current members. He said he looked at the Fair Board as a work improvement in progress and felt there would have to be compelling reasons for him to be in favor of replacing either of the current members.

Commissioner Green said he was impressed with the list of applicants. He said the fairground is one of the biggest assets the county has and the people serving are doing a tremendous job and he did not recommend making a change in membership.

Commissioner Sorenson said he was impressed both with Mr. Dumdi and Mr. Hansen. He said he was also impressed by Bill Goldsmith, another applicant, and hoped that if there is an opportunity at some time in the future, the Board would consider him.

Commissioner Weeldreyer noted there were a number of very worthy candidates. She said there has been a lot of progress made and was in favor of giving the current members the opportunity to continue the good work that they started.

Commissioner Dumdi abstained from voting for Cleve Dumdi but did speak in favor of Mr. Hansen.
MOTION: To appoint Cleve Dumdi and Dean Hansen to the Lane County Fair Board.

Green MOVED, Weeldreyer SECONDED. VOTE: 4-0 with Dumdi abstaining.

6. EXECUTIVE SESSION as per ORS 192.660

None.

7. COUNTY ADMINISTRATION

a. Announcements
Van Vactor said the subsurface sanitation program is now operating under the direction of the Land Management Division and will be assigned there permanently if the transfer is successful. He said there will be further discussion of this during the budget process.
Van Vactor said that David Suchart had spent half a day in a wheelchair to see what the experience teaches you and he encourages that type of commitment.

8. 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.

This item was pulled.

9. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1104/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Marginal Land" and Rezoning That Land from "F-2/Impacted Forest Land" to "ML/Marginal Land"; and Adopting Savings and Severability Clauses (file PA 1885-97; Brown).

MOTION: To set Second Reading and Public Hearing for February 18, 1998 at 1:30 p.m. in Harris Hall.

Dumdi MOVED, Green SECONDED. VOTE: 5-0.

b. ORDER 98-1-7-5/In the Matter of Entering into an Agreement with Weyerhaeuser Company for an Engineering Study of an Earthflow Adjacent to London Road.

Ollie Snowden used overhead projections to show the area at issue. He said the slide is on London Road and said it had stabilized during the summer but the 5 acre slide is now moving down again and pushing up London Road. He said most of the slide is on Weyerhaeuser land. He said he had spent time with Weyerhaeuser and consultants and discussed the cost for a geotechnical investigation of that site. He said he had a two-part question for the Board: if they wanted to share in the cost of that investigation; and if so, at what portion. His recommendation was that Weyerhaeuser would hire the consultant, and the County would supply money to Weyerhaeuser for its share. He said there would be no commitment on the County's part to participate in a fix. He said in about April, the consultants would come back with a recommended fix and alternatives, and at that time a decision would be made whether Weyerhaeuser would proceed with the fix or if the County and Weyerhaeuser would fix it.

In response to a question from Commissioner Green, Snowden said this was a public safety issue.

Weeldreyer said that she wants the County to work with Weyerhaeuser on this project because the community has said it wants their road to be fixed and it didn't get done last summer. She had suggested to Weyerhaeuser that she would recommend to the Board to go into this as a private-public partnership to see what the cause is and to see what the fix is. She recommended that the County pay half the consulting cost and that the Board can then talk about how the County would be involved and to what degree.

Teresa Wilson said she believed the County could find sole source authority if the land owner is willing.

Sorenson questioned the authority of the County to pay a private landowner to retain an engineer regarding its private land. He said it seemed that if the adjacent landowner is creating the problem, the public should not pay to solve that problem.

Snowden said this would be a political decision since it is unlikely the County is responsible for the problem, however, if there were no County road involved, there would be no need to fix the problem.

In response to a question from Commissioner Dumdi regarding the source of the money, Snowden said it would come out of consultant services, operations budget. He said if there is a fix in which the County participates, then any substantial amount of money would come out of capital money and we would have to decide what else would not get done. He said the fix is likely to be expensive and may involve permanently realigning the road.

There was a discussion about relationships regarding adjacent landowners and right-of-ways. Teresa Wilson recommended exercising some caution that there is no level of liability on either side, that no rights are given up, and that that is clear in the agreement.

Weeldreyer said it would be better to spend money on finding the cause than to pay lawyers to decide who will do what.

A person from the audience asked to testify, saying that it was pertinent to the discussion and could be of value to the County. Commissioner Cornacchia agreed to let him make a brief statement.

He stated his qualifications to speak to the technical aspects of the slide and said he traveled the area frequently. He said that Weyerhaeuser had been informed that if there was a clear cut, there would be a serious likelihood of a slide and he said 100 percent of the problem happened after the clear cut. He explained how he believed the clear cut is the proximate cause and how the County should not participate in paying for the study. He said the remedy would include high density plantings such as willows. He stated he believed engineering solutions never work and other bioremediation approaches should be explored.

Weeldreyer said she had conducted two site visits and that the County road maintenance department had asked Weyerhaeuser to cut some of those tress because they were dangerous. She said there is mixed sentiment in the community, some believing this is part of the clear cut. She said she saw tall trees standing after the slide began.

MOTION: Approval of Option One; Participate with Weyerhaeuser at 50% of the cost of potential.

Weeldreyer MOVED, Green SECONDED.

Sorenson said he wanted to find out more about this and that he was troubled to appropriate tax dollars to an adjacent land owner. He said if we were to pay an expert, and the expert was to report back to the landowner, it was a pretty sweet deal for the landowner. He said he would be in favor of hiring an engineer who reported to the County.

Commissioner Green stated since this was a safety issue, the public would not care who the problem belongs to, they just want it fixed. He said we need to have more information to be in a position to inform the public. He said since there is a definite public benefit to this, he wanted to support it at a maximum of 50 percent.

Cornacchia said that his position was that it would be the best of all worlds for Weyerhaeuser to pay for the study, done by consultants that the County chooses. He said Commissioner Weeldreyer was attempting to create a partnership to work it out and to save County money in the short run which maybe can be collected in the long run. He said he would be comfortable with Weyerhaeuser giving access to the property and for the County to do an engineering study to determine County responsibility and set the stage on how the fix gets paid for.
Weeldreyer said all last summer the community waited while the County wrangled. She said Weyerhaeuser has a less cumbersome contract process than ours and it would be faster for them to get the expert to do what needs to be done and not lose time for this community.

Commissioner Cornacchia said he would like for Weyerhaeuser to agree to use the consultant that had done work for the County before.

Snowden said the consultant is going to assess what is going on now, not assign blame. He said they are not going to look at what caused the problem.

Cornacchia said if Weyerhaeuser has a legal responsibility, then the County needs to be in a position to negotiate their participation.

Teresa Wilson said one solution may be where both parties hold contracts with the same engineering firm which reports to each party. She said the County can waive the time requirements on selection procedures if it is in the public interest and that would ameliorate some of the time concern. She said the consulting firm's role will require some independence on their part. She said we will not be buying the research to determine legal responsibility nor buying the cause of the slide but the information could be a part of any possible litigation.

Sorenson said he was not comfortable with the issue of paying money to an adjacent land owner, either from a legal point or as a public policy. He said if the County wants to find out the origin of the problem, then appropriate experts should be retained by the County to get to the root of the problem.

Weeldreyer moved that the Board go along with the recommendation with option one; to participate in the cost of the study; and provide 50 percent level with Weyerhaeuser.

Teresa Wilson suggested a possible alternative motion, which Commissioner Weeldreyer accepted.

Weeldreyer withdrew her earlier motion.

MOTION: To authorize the County Administrator to execute a contract up to an amount not to exceed $60,000 to provide an engineering study at London Road and potentially have an agreement with Weyerhaeuser to participate in that study.

Weeldreyer MOVED, Dumdi SECONDED. VOTE: 4-1, Sorenson dissenting.

Snowden said he would talk to Squire, the consulting firm that had worked with the County previously, and would have a report back to the Board next week.

10. CONSENT CALENDAR

A. Approval of Minutes: July 23, 1997, Regular Meeting, 9:00 a.m.
July 23, 1997, Regular Meeting, 1:30 p.m.
October 8, Regular Meeting, following HACSA
October 21, 1997, Joint BCC/Lane County Planning Commission, 6:00 p.m.
October 29, 1997, following HACSA
October 29, 1997, 1:30 p.m.
November 12, 1995, Regular Meeting, 9:00 a.m.
December 2, 1997, Joint BCC/Coburg City Council, 7:00 p.m.

B. County Counsel

1) ORDER 98-1-7-6/In the Matter of Amending Chapter 3 of Lane Manual to Permit Nominal Membership Fees for Community Organizations (LM 3.513).

2) ORDER 98-1-7-7/In the Matter of Selecting Newspapers to Publish Ballots, Annual Statement of Contracts, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.

C. Health and Human Services

1) ORDER 98-1-7-8/In the Matter of Awarding Contracts for Sub-Acute Children's Services to SCAR, and for Adolescent Crisis Services to Looking Glass for the Period 11/1/97-9/30/98.

2) ORDER 98-1-7-9/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments with Child Center, Direction Service, Center for Family Development, Looking Glass, Oregon Social Learning Center, Options, Relief Nursery, Scar, Department of Youth Services, Eugene School District 4J and Springfield School District for New Opportunities.

3) ORDER 98-1-7-10/In the Matter of Appointing Designees of the Mental Health Director to Direct a Peace Officer to Take a Mentally Ill Individual Into Custody.

D. Human Resources and Management Services

1) ORDER 98-1-7-11/In the Matter of Award of Exempting the Procurement of Materials for Construction of the Lane County Forest Work Camp Dormitory and Parking Shed Project from Formal Bidding Requirements.

2) ORDER 98-1-7-12/In the Matter of Authorizing Human Resources and Management Services to Utilize Alternative Procurement Methods to Acquire the Materials.

E. Public Safety

1) ORDER 98-1-7-13/In the Matter of Amending the List of Public Improvement Projects for the Lane County FY 97-98 Budget.

2) ORDER 98-1-7-14/In the Matter of the Board of County Commissioners Authorizing the Chair of the Board of Commissioners and the Sheriff to Sign a Cooperative Agreement with the United States Marshals Services for $1,250,000. (PULLED)

F. Public Works

1) ORDER 98-1-7-15/In the Matter of Accepting Final Assessments of Assessable Items for Improvements to Irving Road from River Road to Highway 99 and Setting a Public Hearing for the Purpose of Hearing Objections to Said Final Assessments (Public Hearing: January 21, 1998, 1:30 p.m., Harris Hall Main Floor). (PULLED)

2) ORDER 98-1-7-16/In the Matter of Awarding a Contract to Farwest Truck Center in the Amount of $41,748, for the Purchase of One (1), New 32,000 GVW Distributor Truck CB/Chassis, with No Trade-In, Contract FY 97-98 FS-04.

Items 10 e. 2. And 10. F. 1. were pulled for discussion.

MOTION: Approval of the balance of the Consent Calendar.

Weeldreyer MOVED, Dumdi SECONDED. VOTE: 5-0.

E. Public Safety

2) ORDER 98-1-l7-14/In the Matter of the Board of County Commissioners Authorizing the Chair of the Board of Commissioners and the Sheriff to Sign a Cooperative Agreement with the United States Marshals Services for $1,250,000.

Commissioner Sorenson had a question regarding the file note that seemed to state that the project will exceed the specified funding level.

Wilson said the file note was to say that legally if there is an overrun, the County is on the hook.

Van Vactor said this was typical of federal agreements.

Sorenson questioned where the money will come from while awaiting reimbursement.

Van Vactor said the County can absorb it, however, will loose some interest earnings.

In response to a question from Commissioner Cornacchia, Teresa Wilson said she would recommend approval.

MOTION: Approval of the Order.

Dumdi MOVED, Weeldreyer SECONDED. VOTE: 5-0.

ORDER 98-1-7-15/ In the Matter of Accepting Final assessments of Assessable Items for Improvements to Irving Road from River Road to Highway 99 and Setting a Public Hearing for the Purpose of Hearing Objections to Said Final Assessments. (Public Hearing: January 21, 1998, 1:30 p.m., Harris Hall Main Floor)

MOTION: Approval of the Order.

MOVED, SECONDED. VOTE: 3-2 with Weeldreyer and Cornacchia dissenting.

This meeting recessed to reconvene at 3:25 p.m.

11. COUNTY COUNSEL

a. ORDER 98-1-7-17/In the Matter of Providing a Ballot Title for the Election on the Question of Annexation of Areas of the City of Cottage Grove to the Emerald People's Utility District.

Teresa Wilson said at the last meeting at the end of November, the Board set boundaries and an election in March and requested the crafting of a title ballot. The interested parties from EPUD and Pacific Power met in December and worked through that. She said not everyone was necessarily satisfied but the result is a more balanced ballot title. She said one of the choices being discussed was the use of the terms "eminent domain" or the use of the term "condemnation." She said condemnation is more understandable but has some negative connotations. She also noted there is room for additional wording. Wilson said she sent a draft to all the parties and had provided their comments as supplemental material.

MOTION: To Adopt Ballot A as described in Exhibit A.

Weeldreyer MOVED, Green SECONDED.

There was a discussion regarding use of the term "eminent domain" or the use of the term "condemnation."

It was suggested using both, with "condemnation" in parenthesis.

Weeldreyer amended her motion to adopt the ballot title as described in Exhibit A, with the addition of the word "condemnation" in parenthesis.

VOTE: 5-0 as amended.

12. HEALTH AND HUMAN SERVICES

a. ORDER 98-1-7-19/In the Matter of Amending Chapter 3 of Lane Manual to Increase Membership in the Community Action Advisory Committee (LM 3.530).

Manela said the Community Action Advisory Committee is in place to advise Health and Human Services and the County on anti-poverty funds. He said they were asking for approval to expand membership from 9 to 15.

MOTION: Approval of the Order.

Weeldreyer MOVED, Sorenson SECONDED. VOTE: 5-0.
b. ORDER 98-1-7-18/In the Matter of Appointing Eight Members to Fill Vacancies on the Community Action Advisory Committee.

Cornacchia read into the record the names of the eight persons recommended to fill the vacancies on the Community Action Advisory Committee. (See record)

MOTION: To appoint Elizabeth Mares, Sherry Honza, Melissa Rizzo, Peggy Thomas, Chuck Millard, Richard Bremmer, Sigh Teensma, and Nancy Freechild to fill vacancies on the Community Action Advisory Committee.

Green MOVED, Dumdi SECONDED. VOTE: 5-0.

13. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 98-1-7-20/In the Matter of Rejecting an Offer From Karl L. and Denita F. Oakes for the Purchase of Surplus County Owned Real Property (East of 20008 Penn Road, Walton, Map #18-07-04-00-01102).

Jeff Turk said he recommended rejection of this offer since the lot in question was not a legal lot of record and the sale could compromise the lots around it. He said separating that one parcel out has the effect of causing all properties to not be legal lots of records. His recommendation was to give the other owners an opportunity to be informed of the consequences of selling to a third party. He said more research needs to be done.

Cornacchia said if discrepancies exist, the County would not be ready to sell the property and asked Turk to come back to the Board with a package of information after the research was completed.

MOTION: To Accept Option B, with the provision regarding sale of the property be stricken.

Weeldreyer MOVED, Dumdi SECONDED. VOTE: 5-0.

14. REVIEW ASSIGNMENTS

Snowden to report back on London Road.

15. EMERGENCY BUSINESS

None.

16. COMMISSIONERS' ANNOUNCEMENTS

Sorenson said that Governor Kitzhaber would be in Eugene on Friday January 23, at 12 noon at DAC.

Weeldreyer thanked the Board for the opportunity to serve last year as board chair, and thanked them for their gifts. She said she was assuming the duties as chair of the McKenzie Watershed Council. She said the first meeting of AOC public outreach and communications would be this Friday in BCC Conference Room. She said there was a meeting in Salem on funding for District Attorneys, the following Tuesday the governor's telecommunication forum also, and that would be put together for the Board in a work session later this year.

Dumdi said NAACO is requesting nominations for multi cultural diversity awards, and the nominations are due in by January 16. She stated the information will be passed along to David Suchart and Hector Rios.

She said one issue that is moving along is the improvement of Harrisburg bridge between Lane and Linn counties. She stated it was built in 1926 and needs major repair, that ODOT is going to repair the deck but the community would like to see the bridge expanded. She said she would like to access ISTEA (Intermodal Surface Transportation Efficiency Act) funds and wanted to approach Congressman DeFazio. It was agreed to raise the issue with MPC.

There was a discussion regarding Lane County's representation on AOCs four steering committees since AOC's reorganization. Commissioner Sorenson will talk to Bob Cantine about participation.

Dumdi said she was scheduled the following day to speak at Rubicon regarding Lane County, the year ahead.

Weeldreyer said she was presenting the Eagle award to the staff at Assessment and Taxation the following day.

Green said he would like to have the upcoming satellite teleconference session regarding Managing Juveniles videotaped so the Board could watch it at a later date. Van Vactor said he would make arrangements through Robert Lewis.

Green once again thanked Commissioner Weeldreyer for the great job she had done as chair last year.

There being no further business, this meeting adjourned at 4:20 p.m.

Jerry Pierce, Recording Secretary

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