minhead.gif (11357 bytes)

June 24, 1998
BOARD OF COMMISSIONERS' REGULAR MEETING
following MWSD, Harris Hall Main Floor

Commissioner Steve Cornacchia presided with 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

Item 6 b. ORDER 98-6-24-1 has been pulled.

a. Public Works

1) ORDER 98-6-24-32/In the Matter of Amending Chapter 60 of Lane Manual to Revise and Move Subsurface Sanitation Fees to Department of Public Works, Land Management Division (LMD) and to Revise Certain LMD Charges and Planning Fees (LM 60.840, 60.850, 60.851 and 60.852) Effective July 1, 1998.

John Cole, Land Management Division, stated that Land Management is interested in improving service levels within the division by improvement within turnaround time for issuance of building permits that don't involve lengthy planning applications, long range planning efforts within the metro planning and additional rural planning projects. He also said that the department was interested in participating in a county-wide effort to improve the GIS capabilities. He said that there was a proposed package within the 98/99 budget to include 4 FTE's within the Land Management Division, a building plans examiner, a metro long range planner, a rural long range planner and a $20,000 contribution to the GIS coordinator that would be housed within the Information Services Department. Cole said that the department is proposing fee increases within the Land Management Division, primarily from the planning program, where fees will be increased from 5% from low-end permit applications, up to 20% for the more involved and complicated applications. He also said that the department is imposing sanitation fee increases within the DEQ guidelines. He said that total fee revenue increases Land Management is targeting would be 7.4% of the 98/99 proposed budget figure. He added that if the fee increases are approved, the turnaround in building permit processing time will be reduced and the department will take a more proactive role in metro planning efforts and additional rural long range planning. He said that this has been in front of the Finance and Audit Committee earlier in the month and comes before the Board with their recommendation for approval.

VanVactor questioned the average turnaround time for plans once a fifth person would be hired and how that would relate with the backlog of plans.

Cole stated that the current average time is 44 days and the target is 30 calendar days for the average turnaround time for a building permit.

Roger McClusky, Land Management Division, reported that once this position is filled the backlog will get down to around 50 permits. He added that there will be funding next year because of a one-time granting of funds, but if the volume or funding is not there after the first year that there will be layoffs.

Weeldreyer stated that she gets asked by constituents if Land Management has performance standards in processing applications and if there are any targets as to how quickly permits go in and out.

Cole stated that they are not assigning numeric goals to individual planners. He said that the department would be open for discussion for improving service delivery.

Sorenson questioned what the future holds when permits level off or decline and how employees are dealt with.

Cole stated that one of the two FTE's in this proposal would be a current employee under contract to the City of Eugene. He said that the plan checker would be a new addition and an office assistant and planner would be new as well.

MOTION: to Approve ORDER 98-6-24-32.

Green MOVED, Dumdi SECONDED.
Dumdi said that she would like the Finance and Audit Committee to take a look at a quota system and then make a recommendation.

Green added that he would like to make it a performance standard.

Weeldreyer concurred with Green's comments that overall customer service should be examined for Land Management.

Cornacchia stated that he continues to look at this exercise as a prescription for continued underachievement in this particular department.

VOTE: 4-1, Cornacchia dissenting.

2. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 98-6-24-2/In the Matter of Adopting the 1998-99 Lane County Budget, Making Appropriations and Levying Taxes.

David Garnick, Senior Management Analyst, stated that the Lane County Budget Committee had approved the 1998/99 budget. He said that they received approval on May 12 and then subsequently published a financial summary on June 19. He added that changes can be made up to $5,000 or 10%, whichever is greater. He said that the only policy issues were Land Management fees. He also mentioned that Information Services is trying to move to a common network operating system. He said that there was a package added as an adjustment to the budget which would allow Public Works to pay for their share of converting to a single network operating system. He added that the permanent rate adjustment that the Department of Revenue calculated for the County and the Board Order does include the dollar per thousand for the local option levy, should the decision be made to go forward with that in September. He said if the decision is to go with the levy in November, then a follow-up Board Order will be brought to amend it.

Cornacchia informed Garnick that he had a call in to the AOC on what the public land dues would be. He said that in the past the dues were $16,400 and $15,000. He said a placeholder will be between $15,000 and $18,000 and may be a minor adjustment in the future. He said that AOC is on a calendar year, and the dues wouldn't be due until January of 1999.

Garnick added that there were some adjustments for the Regional Information System that exceeded the 10% limitation for adoption and he will need to amend the budget.

Van Vactor stated that he sent E-mails indicating that, in his view, the one support service department that was still under significant stress was County Counsel. He pointed out that there was a place in the budget for the County Administration Department and Board Office Assistant Position, about $18,413, and combining that funding with funding for a legal intern that is already in place, County Counsel would have $29,000, which would be enough to hire an assistant County Counsel 1, on or about January 1, 1999. He said that was presented as an option.

Green questioned the agreement with CVALCO and where it was reflected in the numbers.

Garnick responded that it was in General Expense within Fund 28 and it is lumped together with all the other visitor marketing, so the CVALCO portion would not be seen specifically, but it is part of the $975,000 that was presented to the Budget Committee.

Green asked Garnick to respond to the letter from Kari Westlund of CVALCO regarding the amount they actually receive from the County via the contract and the amount they expected to receive. Green added that he didn't remember this topic being discussed in the Budget Committee.

Garnick indicated that the original budget for last year was $937,000. He added that during the year the amount was adjusted to the supplemental budget to increase it by $30,000 to $967,000. He thought that Westlund's expectation was to take that number and multiply it by 3% or 4% to come up with over $1,000,000, but that during the process of the Future Focus Task Force, there was discussion about the appropriate amount to get a good return on that investment. He said that after discussions with the County Administrator, they decided to do a request for qualifications to see if there is anyone else in the community who could do that and found that CVALCO was the only entity. He added that the intent was to start at $975,000 and start saving money for other potential things. He said that CVALCO thought they would be receiving it all. He said that there could be a designated amount that would go to CVALCO, with an amount geared for visitor marketing. He said that it is $975,000 now with an inflation factor for each of the next three years, which is how the original request for qualifications was written.

Green questioned the other Board Members about creating a savings that could be quantified to CVALCO. He also wanted to know what the expectations would be for savings.

Cornacchia questioned what product came from the $30,000 increase last year.

Garnick stated that it was the additional revenue and it was one-time money. He said that CVALCO had the expectation that the money would always be there.

Cornacchia supported Green's suggestion because the County shouldn't be doing things arbitrarily, and he said that he had grown accustomed to CVALCO's belief that this was entitlement, and not performance based. He added that there should be emphasis from the Board that this money is performance based, not an entitlement.

(The following item was taken out of order.)

Marshall Peter, Director of Direction Service, a multi-program family support agency that works with families with children who have disabilities, said that Rick Schulz had announced his resignation and he said that he was unable to acknowledge the remarkable contribution that he made to the organization. He arranged a surprise presentation to publicly thank Rick for his incredible leadership, his assistance and his help for operating fiscally and responsibly in the community and to thank him personally for serving as a mentor and close friend and presented him with a plaque that recognizes his outstanding service to families who have children with disabilities.

(Discussion resumed on Order 98-6-24-2.)

In response to Sorenson's question about the amount the Lane County Historical Museum receives, Garnick stated that is part of the transient room tax. He stated they get 10% of the 3% tax. He added that it is operated by Friends of the Museum.

Cornacchia opened Public Hearing. No one signed up to speak, so Cornacchia closed Public Hearing.

MOTION to approve ORDER 98-6-24-33 with the recommendation to include the County Counsel's position.

Green MOVED, Dumdi SECONDED.

Weeldreyer stated that she was in favor of this new position, stating that it was a practice of the Board to put the needs of the organization above their own. She asked for the same flexibility with County Administration support staff.

Cornacchia stated there were items in the budget that he did not accept or approve of, and there were things that he wanted to see in the budget that were not put in, but that he still supports the budget.

Dumdi stated that she also was an advocate of a half-time position for the Commissioners, but realizes that County Counsel is short staffed and the organization comes first.

Sorenson thanked Garnick and Van Vactor and the citizen budget committee for their hours of hard work (which is all voluntary). He said that he was also in agreement for putting the money into the County Counsel's office.

Green thanked Weeldreyer for being flexible on this issue, considering her needs. He stated that he would be willing to help if he has time, and mentioned that he has used interns and volunteers.

VOTE: 5-0.

Weeldreyer also thanked the citizen budget committee members and County staff for what this vote means and all the hours that have gone into preparing the budget.

b. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1117/In the Matter of Amending the West Eugene Wetlands Plan by Adopting New Policies and Plan Text Establishing Planned Transportation Corridor and Utility Corridor Wetland Designations, and Adopting a Severability Clause.

Jan Childs, City of Eugene, stated that this was the first of two ordinances that the Board will be considering related to amendments to policy and text of the West Eugene Wetlands Plan. She said this ordinance comes with the recommendation for approval from the Eugene City Council, which adopted it last month. She also thanked the Board for allowing the City to contract with the County for the two staff positions for the last fiscal year.

Commissioner Cornacchia opened the Public Hearing.

Mark Wall, Environmental Department of the Eugene Water and Electric Board, stated that EWEB is the public utility mandated for both water and electric service within the urban growth boundary and currently as the amendment stands, excavation for maintenance cannot be done within protected wetlands. He added that this amendment would provide the opportunity to do the necessary work and allows for the protection of the wetlands. He urged the Board to support the ordinance.

There being no one else who wished to testify, Commissioner Cornacchia closed Public Hearing.
Weeldreyer stated that the compelling argument was made for a need for the utility and transportation corridor through the West Eugene Wetlands Plan and supports the passage of the ordinance.

MOTION: to approve Ordinance No. PA 1117.

Weeldreyer MOVED, Green SECONDED.

ROLL CALL VOTE: 5-0.

Childs requested direction from the Board on how to process the remaining ordinance. She said that on June 17, 1998 the Eugene City Council held a work session on the remaining amendments to policy and plan text and provided direction to staff to come back with an ordinance which they will be considering on July 8, that will finish their action on the remaining amendments. She said the action they took was to approve the Wetlands designation criteria as it was recommended by the planning Commission with the exception of changes to the references related to rare plants. She said the direction from the City Council was to establish a new policy in the plan that would list rare species; five plants and two animals. She said the other recommendation was to remove a proposed amendment to the mitigation ratio policy. She said there have been questions regarding how the policy actual works and the council needed more time before changing it.

Cornacchia said it would be valuable to the Board of Commissioners for the City Council to take its action and then return before the Board of Commissioners and let the Board know about the ordinances at that time.
3. PUBLIC COMMENTS

Donald Norton, 1142 Chestnut Avenue, Cottage Grove, stated that he is appearing as the Chairman of the Subcommittee on Transportation for the Lane County Rural Community Improvement Council. He said that he was asked to appear by Commissioner Weeldreyer and presented handouts. (See material on file.) He said that the Rural Community Improvement Council has been looking into transportation issues in rural Lane County and it has been determined that there is a need throughout rural Lane County for public transportation. He said that Creswell has voted to annex LTD and to put on a ballot measure to approve annexation to LTD in November. He said that he was proposing beginning work on a rural transit district.

Cynthia Kokis, 2465 Jefferson Street, Eugene, stated that she is a member of the Homeless Action Coalition. She said that the City of Eugene has a Homeless Task Force. She said that she would like the County to investigate and consider a countywide homeless program. She said that she would like to see the parking lot of religious buildings be used to house homeless people, and allowing a homeless person to be able to park in front of a private residence.

Kenneth Faulk, 35240 McKenzie View Dr., President, Lane County Woodlands Association stated that he was in favor of siting homes on F1 lands. He said that in February he sent the Board a letter in support of that move and there was a survey conducted statewide of small woodland owners that belonged to the Small Woodlands Association. He said that the ability to live on their land was their number one concern. He added that perhaps there should be a siting regulation that the parcel involved be included in one of the tax programs, either a timber deferral or designated forest land.

Mike Evans, 1071 Harlow Rd., Springfield, said that he was in favor of adopting all provisions for dwellings with some modifications which will limit the ability to place dwellings in some locations. He said that he was in favor of the 200 non-contiguous dwelling provision but it should be limited to the parcel on which the dwelling is located, and contain at least 80 acres. He said that would prevent the placement of houses on very small parcels that would otherwise be surrounded by large forest tracts. He also said that the most important limitation would be not allowing dwellings accessed only by BLM or Forest Service roads. He said the condition with sprinklers should be looked at carefully because they are not feasible for manufactured dwellings. He said that road grades are currently 16% with some exceptions and it has been working well for the last ten years, but reducing to 12% will not help the fire district and cause more excavation to meet requirements.

Lois Paschelke, 92655 Paschelke Rd., Marcola, Upper Mohawk Community Council, reported that she brought the concern from Upper Mohawk Community Council about being designated a distressed area. She said that in 1982 the County did a survey on sewage and Marcola was found to be in compliance. She said now with the growth Marcola has gone through, sewage will be a problem and help is needed. She said they just found out about the effort to become a distressed area and stated that they do need help.

Conrad Hildebrand, 24787 Lavell Road, Junction City, stated that he owns land in an F2 zone and he also owns land in an F1 zone. He said that he couldn't live on the property prior to 1983. He added that Lane County is the only county that has not adopted the State's recommended rules concerning property. He added if you can't live on the property it is difficult to take care of and there is no security. He suggested that the County approve the State's rule.

Pat Thompson, 40240 Mohawk River Road, Marcola, asked the Board to consider Marcola as a distressed community. He said there has been problems with failing septic systems. He said that a new sewage system will be needed and the community is willing to take it on a little at a time. He added that the people that are in the community are retired, on fixed incomes, or low income brackets and could not afford the taxes to implement the sewage system. He said that he was hoping the Board would consider them a priority area for that designation. He added that he was in support of F1 designation.

4. COMMISSIONERS' ANNOUNCEMENTS

Green announced that on Thursday, June 25 he will be in Salem for the subcommittee to the League of Cities on Juvenile Crime Prevention Task Force, that both Mayor Torrey and Mayor Morrisette are co-chairs and Steve Marks will be making a presentation to the League of Cities regarding high risk juvenile crime prevention partnership. He added that on June 25 the Oregon State Commission on Children and Families will be having their statewide meeting in Lane County and Friday their formal business meeting will take place at School District 19 to talk about their statewide budget. He said that Dr. Lindsey was here for three days last week and thanked the commissioners for attending the meeting. He said that Dr. Lindsey did a presentation on strategic planning and Jim Gangle, the District Attorney and Sheriff were supportive of the planning process. He introduced Jason Thompson, who is currently attending Lane Community College, as his intern , who is volunteering for the summer.

Dumdi reported that she went to a brand new golf course for ribbon cutting and initiation, Diamond Woods, between Junction City and Monroe. She said that she will be attending the Oregon Economic Development Plan meeting in Corvallis with Cindy Weeldreyer. She said she will be going to the Coast for the Rural Community Improvement Council and for LCOG, one in Dunes City and in Florence and then she will be out of the office from June 26 through July 6.

Weeldreyer stated she was in Lakeview for the Oregon Technology Forum Council Meeting where she gave a Smart Oregon project presentation and then did the same in Klamath Falls. She said she is exploring a telecommunications joint project between Lane, Klamath and Benton counties. She said that she has been assigned to the Telecommunication Subcommittee of that group. She also attended the McKenzie Watershed Council birthday and helped clean three-fourths of the path that was overgrown with blackberries. She thanked Mike Moskovitz for getting publicity out for that event. She said that she and Green met with Jean Phelps and representatives of the Cottage Grove Relief Nursery and they need to have additional support to get the state commission to focus funding on Relief Nurseries overall. She said she will be in Newport for the Smart Oregon meeting and Lane Community College Technology Learning Centers will be showcased as part of the statewide meeting. She said she is organizing with South Lane County a telecommunications summit meeting that will take place in the Fall.

Sorenson announced that the Fred Meyer Memorial Trust just announced that they had contributed $100,000 to the Safe and Sound Project in Lane County. He said that Steve Manela from Lane County Health and Human Services, and Looking Glass which operates Station 7 in North Eugene, were present. He said a tour of the station was given and the emphasis was on the problems of the homeless youth in Lane County, Central Lane County, Metro Lane County and Eugene/Springfield and surrounding areas. He said that tomorrow he will be attending the Human Service Commission on the homeless in Harris Hall, to discuss the problems the homeless have outside of the City of Eugene. He announced he will be attending a meeting on July 8 for the Bus Rapid Transit Steering Committee.

Dumdi reported that tomorrow there will be a meeting of the Universal Library Card Committee, and Sorenson will be attending, but she can't.

Weeldreyer made an addendum to the McKenzie Watershed Council Birthday to publicly thank Carol Ann Peters and Bob Keefer. She added that on the Land Management fee issue she has been getting constituent calls about permits that are taking too long to get through Land Management. She said she is meeting with groups of "customers" of Land Management. She is engaging in question and answer sessions regarding likes and dislikes of Land Management. She said that she is working on how the County can be more customer oriented within that division.

Green said that it was suggested to him that the Commissioners spend some time at the Land Management counter to observe people who are not prepared.

Weeldreyer added that out of the Cottage Grove meeting, the Board of Realtors would like to conduct (in partnership with other rural communities) workshops on how to prepare permits.

Cornacchia stated that the work session originally scheduled for June 23 has been rescheduled for July 7, and the discussion items are goal setting relative to youth, strategic planning and public comment.
5. EXECUTIVE SESSION as per ORS 192.660

Executive Session will be held after the Board of Commissioners meeting.

6. COUNTY ADMINISTRATION

a. Announcements

None.

b. ORDER 98-6-24-1/In the Matter of Transfers Between Appropriation Levels, Departments and Funds.

This item was pulled from the agenda.

c. ORDER 98-6-24-2/In the Matter of Accepting Hileman and Whitely Boat Landings into Lane County's Park Management System.

Van Vactor explained that the two boat landings were transferred to the City of Eugene in 1987, and when the City and Lane County entered into urban transition agreements, over time it has been impractical for the City to maintain them, so their proposal is to transfer those facilities to Lane County for park land in consideration of $30,000. He added that Bob Keefer and he have reviewed same and recommend accepting the motion to get Whitley opened as soon as possible. He said that Hileman is a more difficult piece and he wants to consider a residential caretaker. He said that it was his recommendation to accept the proposed intergovernmental agreement.

MOTION: to approve ORDER 98-6-24-2.

Dumdi MOVED, Weeldreyer SECONDED.

Dumdi informed the Board that there was a letter sent out to the property owner adjacent to Hileman, there was some miscommunication and there is a problem with public relations but negotiations are taking place. She said that the ideal situation would be to provide a caretaker.

VOTE: 5-0.

d. ORDER 98-6-24-3/In the Matter of Establishing Distressed Area Designations for Unincorporated Communities in Lane County.

Peter Thurston, Economic Development Coordinator, reported on the designation of unincorporated communities as distressed areas throughout the County. He said that there have been state changes which have significantly reduced resources to communities and the legislature took action to prioritize where they would commit those limited resources. He said that unincorporated areas were not addressed at all. He said that there are 36 unincorporated communities designated under State Land Use Law in Lane County. He added that staff reviewed half of these and recommends designating ten of them as distressed areas. He said the areas include, Heceta Water District, Mapleton, Port of Siuslaw, Elmira, Crow, London, Marcola, Dorena Culp Creek/Disston, McKenzie Valley and Blue River. He said that all of these locations are where Lane County has committed and continues to commit resources. He said the proposed action is to help to continue that effort and focus the County's efforts from the County organization. He added that these were the highest priority designations for distressed communities and the action also recommends that the State of Oregon OEDD recognize them as distressed areas so that funding would continue to be available to these areas in the County's unincorporated areas.

MOTION: to support ORDER 98-6-24-3.

Dumdi MOVED, Weeldreyer SECONDED.

Weeldreyer commended staff for the work that they have done to gather documentation to make the cause with State Development Economic Department.

VOTE: 5-0.

7. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 3-98/In the Matter of Amending Chapter 14 of Lane Code to Revise Various Provisions of the Land Use Application and Appeal Procedures, Make Other Housekeeping Changes to Quasi-Judicial Land Use Hearing Rules, and Adopting an Emergency Clause.

Cornacchia read Ordinance No. 3-98 into the record and set the Second Reading and Public Hearing for July 8, 1998 at 1:30 p.m. in Harris Hall.

MOTION: to approve the First Reading and Setting Second Reading and Public Hearing, Ordinance No. 3-98.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

b. SECOND READING AND SETTING THIRD READING AND PUBLIC HEARING /Ordinance PA 1116/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Natural Resource: Mineral" and Rezoning that Land From "E-30/Exclusive Farm Use" to "SG/Sand, Gravel & Rock Products," and Adopting Savings and Severability Clauses (file PA 2191-97; Egge).

Cornacchia read Ordinance PA 1116 into the record and set the Third Reading and Public Hearing for July 8, 1998 at 1:30 p.m. in Harris Hall.

MOTION: to approve Second Reading and Setting Third Reading and Public Hearing, Ordinance PA 1116.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

Commissioner Cornacchia recessed the meeting at 10:45 a.m., to return at 11:00 a.m.
c. CONTINUED DISCUSSION/Hearing Schedule and Proposed Amendments to LC 16.210 for the F1 Zone Concerning Whether or Not to Allow New Dwellings.

Kent Howe, Land Management, gave out handouts which are checklists that will facilitate the discussion (see material on file). He added that with the change between 300 to 2600 new dwellings may be authorized. He said the department looked into the ownership records, as per the Board's request, to find out how many F1 property owners may benefit from this provision. He said that a simplistic approach was taken and found that there were 517 pages of F1 property owners; many which were duplicates and publicly owned and industrially owned. He said that they separated out the public and industrial ownership and the remainder was 356 non-industrial private forest land owners in the F1 zone. He said that the purpose today is to take the checklist and give direction on the ordinance that would be presented for the fall.

Green asked why this item was urgent.

Howe stated that there was no urgency, the legislature adopted the law in 1993, the rule became effective in 1994, and the Board directed staff to identify options in implementing the rule. He said that the rule is already implemented in the F2 zone. He added that the law is addressing the reason Lane County prohibited dwellings in the F1 zone in 1983 and the Board is interested in looking at that issue and setting policy.

Cornacchia stated that if the answer to the first answer posed is yes, to amend the code, then a public hearing is needed. He said that the question regarding new dwellings in the F1 zone has already been answered, which is needed. He understood that what was being discussed was the subject matter of the public hearing.

Weeldreyer stated that she was ready to provide a staff recommendation with positions and philosophies and move forward and set one public hearing.

Cornacchia said that he wanted the public to have the opportunity to speak to the whole issue, and that past public hearings were not true public hearings and getting it announced to the community is very important. He added that he wanted Land Management to craft an ordinance using the BCC F-1 Dwelling Checklist, and that ordinance would be put forth to the community to make comment on.

Sorenson commented that having one final public hearing on this issue is a good goal, but this is complex and he would like to see one public hearing on one proposed ordinance. He added that the primary concern he had (including the road grade issue) is that a fire protection district and primary fuel breaks be included.

Weeldreyer questioned what the staff resource would be if the 200 acre non-contiguous was left out or put it in regarding limiting total acreage to neighboring counties or all within Lane County.

Howe stated that the code can be crafted so that it authorizes a provision for the 200 acre non-contiguous large tract dwellings. He said the way the state law reads, there are no other limitations on it and choices may be made to limit it.

Cornacchia mentioned that there are ordinances with actual choices to be made within each section and said that it can be put into an ordinance with options, listen to the public and then pick and choose after that.

Green mentioned that there was nothing in their process to preclude withdrawing any items after the public hearing.

Cornacchia echoed Sorenson's concern for fire safety, and questioned Mann about different fire suppression considerations without making such a long menu, or limiting or refining the fire issue.

Mann said that there are a couple alternatives but the ordinance could be designed so the Board could select one item and delete another and it would be more simplified.

Weeldreyer questioned limiting the siting of dwellings to 1500 feet of public road, and wondered about adding a restriction to all of them. She said that she would put this restriction back, as it falls within the fire safety arena.

Cornacchia stated that not all of the dwellings would be in a rural fire protection district, and the other choice would be sprinklers.

Dumdi responding to Cornacchia's question on what shouldn't be on the list, said that she had a problem with the non-contiguous parcels.

Cornacchia stated that he would be willing to let Land Management give the public and the Board all the options and then the policy choices would be made subsequent to the public comment.

Howe expressed the opinion that the Board would rather leave options open if Land Management could craft the ordinance in such a way that it leaves choices that can be exercised upon adoption, and the Board prefers that Lane Management draft an ordinance that reflects the choices that were made.

Green mentioned that he would like a balanced public comment on the ordinance.

Howe added that development drafting would not preclude anyone from testifying. He suggested leaving the language in, as it is more problematic to add later.

Sorensen stated that the consensus is to get an ordinance drafted that includes all the options on the checklist and a willingness on the part of Board to listen to public comment. He said this is a good exercise.

Howe said that a hearing would not be held during the summer, and he will come back with a draft ordinance, in either August or September. He stated that he will be crafting an ordinance with four options, and on the large tract 200 non-contiguous, it will include the three other limitation options. He added the trial provisions 1 to 9 will be written in as options; to leave in or take out. He also mentioned Weeldreyer's concern about 1500 feet from a road.

Cornacchia requested that Lance of the Register-Guard highlight these options so the public gets some awareness by highlighting fire, roads, BLM forest service, and 1500 feet. He also suggested that Mike Moskovitz (Public Information Officer) provide a news article so testimony is specific about what is being done.

Cornacchia recessed the meeting at 12:00 p.m., to return at 1:30 p.m.

Cornacchia called the meeting to order at 1:30 p.m.

d. ORDER 98-6-24-4/In the Matter of Adopting 45% by the Year 2000 as the New Countywide Recovery Rate Goal.

Tanya Baker, Waste Management, presented requirements from new legislation that the 1997 State Legislature passed, specifically House Bill 3456 or the Omnibus Recycling Act. She stated that one of the requirements of House Bill 3456 is for Lane County to set a new recovery rate goal by July 1, 1998, which must be the greater of 30% or the actual recovery rate attained in 1996, which was 39% for Lane County. She said the new recovery rate goal must be at least 39% and must receive governmental acceptance through a formal process. She added that there is no penalty if the recovery rate goal if it is not reached, but there is one if not designated by July 1, 1998. She said that for implementing education programs, the County will receive 2% extra credit for reuse, composting and waste reduction, for a total of 6% extra credit to the County's current recovery rate. She said that Oregon has a 50% recovery goal by the year 2000, and local governments are given a chance to evaluate their education programs. She stated that she is proposing a recovery rate goal of 45% by the year 2000, as the City of Eugene proposed the same recovery goal and no additional monies are needed to implement the programs.

Baker, in response to Green's question about citizens achieving the goal, indicated that the citizens of Lane County just need to continue what they are doing. She added that Eugene has the second highest recovery rate in the state.

MOTION: to approve ORDER 98-6-24-4.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

e. ORDER 98-6-24-5/In the Matter of Approving Amendment No. 1 in the Amount of $500,000 to the Requirements Contract with EMCON.

Ken Kohl, Land Management, recalled that in December the County executed a contract with EMCON to provide consulting services for Short Mountain Landfill and other facilities that Waste Management operates. He said that at that time the Board allocated $100,000 to spend initially on projects that were in the short term with the understanding that it could come back if the need arose to allocate additional funds. He discussed the information in the Board packet and asked the Board to approve the amendment so tasks can be performed for the operation of the landfill.

Cornacchia asked where in the budget this item was located.

Kohl answered that there was a budget amount for consulting services and some of these projects were budgeted under capital improvement projects.

MOTION: to approve ORDER  98-6-24-5.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

f. ORDER 98-6-24-6/In the Matter of Awarding Contract WM 97/98-19 to Wilder Construction Company in the Amount of $1,190,625.50 for the Short Mountain Landfill Leachate Lagoon Construction and Authorizing the County Administrator to Execute the Contract.

Kohl stated that the department is required in the permit for the Short Mountain Landfill to have a lined leachate storage lagoon. He added that two bids came in for a new permanent lined facility, the low bid was Wilder and it is under what was budgeted. He requested that the Board award the contract.

MOTION: to approve ORDER 98-6-24-6.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

8. CONSENT CALENDAR (ADDENDUM)

A. Approval of Minutes: May 27, 1998, Regular Meeting, following HACSA
June 2, 1998, Work Session, 9:00 a.m.
June 10, 1998, Regular Meeting, 10:30 a.m.

B. County Administration

1) RESOLUTION 98-6-24-7/In the Matter of Issuance of Industrial Development Revenues Bonds by the State of Oregon to K&M Holdings LLC.

C. County Counsel

1) ORDER 98-6-24-8/In the Matter of Acceptance of Certificate of Election and Proclamation of Results (May 19, 1998 Election).

D. Health and Human Services

1) ORDER 98-6-24-9/In the Matter of Accepting Revenues of $90,175 from the State of Oregon for Low Income Weatherization Services; to Delegate Authority to the County Administrator to Sign an Amendment with the Housing Authority and Community Services Agency (HACSA) to Provide Weatherization Services.

E. Management Services

1) ORDER 98-6-24-10/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to the Robert Phillip Friedman Trust (Portion of Map #18-03-07-42-02800, Adjacent to 215 Frederick Court, Eugene).

2) ORDER 98-6-24-11/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to the Donald E. Lown and Hyde A. Lown (Map #20-03-05-00-02300, Adjacent to 80770 Turkey Run Road, Creswell.)

3) ORDER 98-6-24-12/In the Matter of Authorizing the County Administrator to Execute a One Year Lease Renewal Agreement with the Federal General Services Administration for the Daycare at 540 Oak Street, Eugene and a One Year Renewal of the Operations Agreement between Lane County, Busy Barn, Inc. and the Forest Service.

4) ORDER 98-6-24-13/In the Matter of Authorizing the County Administrator to Execute Lease Renewal Agreements with Sarah Land Company for Space at 1897, 1901 and 1907 Garden Avenue, Eugene Used for Mental Health Programs.

5) ORDER 98-6-24-14/In the Matter of Awarding Lump Sum Payments to Engineering Technical Staff in the Engineering Division of the Public Works Department.

6) ORDER 98-6-24-15/In the Matter of Award of Bid LCP 97/98-19 for Requirements Purchase of Industrial Linen Services.

F. Public Works

1) ORDER 98-6-24-16/In the Matter of Awarding a Contract to River Roofing, Inc. for Roofing Unity Covered Bridge, Bridge No. 19-1W-2, Contract No. 97/98-22.

2) ORDER 98-6-24-17/In the Matter of Approving a License Agreement with Roseburg Resources Company Covering the Walton Solid Waste Transfer Site.

3) ORDER 98-6-24-18/In the Matter of Amending an Agreement with the City of Eugene for the West 18th Avenue - Bertelsen to Willow Creek Improvement Project.

4) ORDER 98-6-24-19/In the Matter of Accepting a Federal Aid in Sport Fish Restoration Act Fund Grant through the Oregon Department of Fish and Wildlife for Improvements to Helfrich Landing, and Delegating Authority to the County Administrator to Sign the Cooperative Agreement.

5) ORDER 98-6-24-20/In the Matter of Amending the Project Design Concept for Improvement of Alvadore Road at Bud Vaughan Road; Amending the FY 99-03 Capital Improvement Project (CIP); and Amending the FY 98/99 List of Public Improvements.

G. Regional Information System

1) ORDER 98-6-24-21/In the Matter of Approving Renewal of Hardware and Software Maintenance Agreement with Digital Equipment Corporation.

MOTION: to approve the Consent Calendar.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

9. DISTRICT ATTORNEY'S OFFICE

a. ORDER 98-6-24-22/In the Matter of Applying for a Grant From the Oregon Department of Justice in an Amount Not to Exceed $150,000 to Fund a 1.0 FTE Position From January 1, 1999 Through June 30, 2001 in the District Attorney's Office.

Lori Nelson, District Attorney's Office said this new grant was in, which was a new cycle of money that the Department of Justice has just released. She added that the time frame for this cycle came on top of the three continuation grants that the department has. She said if it is awarded, the District Attorney would be notified by the Department of Justice around September or October which would allow time to post and hire the position.

MOTION: to approve ORDER 98-6-24-22.

Dumdi MOVED, Sorenson SECONDED.

VOTE: 5-0.

b. ORDER 98-6-24-23/In the Matter of Applying for Grant Funds in an Amount Not to Exceed $75,000 From the Violence Against Women Act Grant Program Available Through the Oregon State Police.
Annette Spickard, District Attorney's Office, reported that a grant was received last July for a Violence against Woman grant to partially fund an investigator for that unit. She added the person has been crucial in the success of the domestic violence unit and she requested permission to reapply for funding to cover that person on a full-time basis for one year, starting July 1, 1998.

MOTION: to approve ORDER 98-6-24-34.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

10. COMMISSIONERS' BUSINESS

a. ORDER 98-6-24-24/In the Matter of Requesting an Expanded Disaster Declaration by Governor Kitzhaber to Include Lane County's Commercial Fishing Industry.

Dumdi reported that she received a letter from the Oregon Coastal Zone Management Association, requesting Governor Kitzhaber to expand the Disaster Declaration for Oregon's Commercial Fishing Industry to include Douglas, Lane, Lincoln, Tillamook and Clatsop counties. She said previously it had only been Coos and Curry Counties whose fishermen were eligible. She said the Governor's office strongly supports the request to expand the Small Business Administration Loan Program to include all the coastal counties and in order to move toward that goal, a resolution is needed from each county commission in those affected counties.

MOTION: to approve ORDER 98-6-24-24.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0

11. EMERGENCY BUSINESS

ORDER 98-6-24-34/In the Matter of Designating the Public Safety Coordinating Council (PSCC) as Lead Planning Agency for the Purposes of Coordinating the Development of a Comprehensive Juvenile Crime Prevention Plan to Obtain State Funds.

Green reported that this was an emergency item and because of time and money what he needed from the Board is the designation of a lead planning agency. He said that it is technical assistance dollars to help with the high risk juvenile partnership prevention plan, and to obtain state funds. He said the contract will be with the local Board of County Commissioners. He said by using the State Incentive Grant (SIG), the County already has a designated agency (PSCC) and it provides a lead. He added as soon as the contract is signed, then the dollars will be released. He said a September 15 timeline must be met. He said that the PSCC has been designated to do the technical work. He added that on Friday, June 26 there will be a meeting in Harris Hall for the lead planning agency and staff to discuss the process.

MOTION: to approve ORDER 98-6-24-34.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

REVIEW ASSIGNMENTS:

Van Vactor noted Land Management's report back in September, with an ordinance, and scheduling the West Eugene Wetlands ordinances.

Green stated that he had a question for Cornacchia regarding a letter from John Sundquist of River Turns Farm on induced chemical sensitivity from VMAC.

Cornacchia responded that he had seen a variety of subjects that have arisen and which will be part of a future meeting. He added that part of the issue involves either existing or potential litigation.

Dave Williams, County Counsel, interjected that there were two lawsuits filed, one by a member of VMAC and one by a person who is not a member of VMAC, both making similar claims.

Weeldreyer complimented the new Board Secretary, Melissa Zimmer, for the minutes that have been taken in the past meetings, which were done time and very well.

12. CONSENT CALENDAR

A. Health and Human Services

1) ORDER 98-6-24-25/In the Matter of Accepting Revenues in the Amount of $1,276,408 from the Cities of Eugene and Springfield; to Approve the Intergovernmental Agreement Between Lane County and the Cities of Eugene and Springfield; and to Delegate Authority to the County Administrator to Sign an Intergovernmental Agreement for FY 98/99 Attached as Exhibit A.

B. JTPA

1) ORDER 98-6-24-26/In the Matter of Appointing New Members to the Jobs Plus Implementation Council.

C. Management Services

2) ORDER 98-6-24-27/In the Matter of Multiple Awards for Bid LCP 97/98-23 for Requirements Purchase of Construction Services.

D. Public Works

1) ORDER 98-6-24-28/In the Matter of Accepting the Offer from Oregon Department of Transportation to Purchase a Permanent Road Easement Over a Portion of County-Owned Property Located at Highway 58 and Pheasant Lane.

2) RESOLUTION AND ORDER 98-6-24-29/In the Matter of Acquiring Fee or Other Interests in Portions of Certain Real Properties for the Reconstruction and Improvement of Brown's Landing Road.

3) ORDER 98-6-24-30/In the Matter of Vacating a Slope Easement and a Drainage Easement in the Northwest Quarter of Section 1, Township 17 South, Range 4 West, of the Willamette Meridian, Without a Public Hearing, and Adopting Findings of Fact (17-04-01-23).

4) ORDER 98-6-24-31/In the Matter of Awarding a Contract to CXT, Incorporated in the Amount of $44,262.43 for a Pre-Cast Concrete Flush Toilet at Linslaw Park and Delegating Authority to the County Administrator to Sign the Contract, PKS 97/98-04.

MOTION: to approve Consent Calendar Addendum.

Weeldreyer MOVED, Dumdi SECONDED.

VOTE: 5-0.

There being no further business, Cornacchia adjourned the meeting into Executive Session at 2:10 p.m.

Melissa Zimmer
Recording Secretary

go_to.gif (1155 bytes)Back to Board Notices