March 11, 1998
REGULAR MEETING BOARD OF COMMISSIONERS
Harris Hall Main Floor
Following HACSA Meeting
Chair Steve Cornacchia presided with Ellie Dumdi, Bobby Green, Sr., Peter Sorenson, and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Terry Wilson, Assistant County Counsel Stephen Vorhes, and Recording Secretary C. Daniel Lindstrom were also present.
1. ADJUSTMENTS TO THE AGENDA
Commissioner Cornacchia announced that Public Comments would be considered first, that Executive Session would be held at 1:30 p.m., and that consideration of the remaining items would be completed by noon.
2. PUBLIC COMMENTS
John Davis, 33817 West Martin Road, Creswell, stated that he owned and operated a truck driving and heavy equipment training school and had been granted a conditional use permit to operate on West Martin Road in Creswell. He said that one of the conditions of the permit was that he improve the road to a travel width of 24 feet. He reported that improvements had been submitted to the County. He said Geomax Engineering of Cottage Grove had certified that the existing road could support use by his equipment, but that a permit to operate his school had been denied until the improvements were completed. He said that a performance bond guaranteed the improvements would be made, but that construction was not possible until weather permitted. He said he had attempted to appeal the decision of the County, but felt he was being ignored and his business unfairly penalized.
Commissioner Cornacchia requested that Commissioner Weeldreyer discuss the issues raised by Mr. Davis with Public Works Engineering Division Transportation Planning Senior Engineering Associate Lloyd Holtcamp and make a report by March 16.
Pam Guthrie, 1865 East 28th Avenue, Eugene, stated that she had collected reports of research which indicated that it was unsafe to dispose of landfill leachate through sanitary sewers. She said she believed a pending lawsuit on the proposal to extend a sewer pipeline to the Lane County Short Mountain Landfill Site based on the Federal Clean Water Act was "bad science" and "bad technology." She said proposed plans for treatment of leachate would circumvent detection processes and cause effluent to be monitored by inappropriate criteria. She said decisions regarding leachate treatment should be postponed until Environmental Protection Agency (EPA) effluent limitations were set. She said she had been informed that the EPA standards being developed would require on-site treatment at the Short Mountain Landfill and that proposals for the use of a pipeline for disposal would not. She said that reports of the lack of problems with wastewater treatment management of landfill leachate resulted from inadequate monitoring criteria. She said she believed BRING Recycling should be involved in decisions about landfill leachate issues.
Kathy Ging, 2878 Harris Street, Eugene, reminded commissioners that the original cost of the proposed sewer pipeline to dispose of Short Mountain landfill leachate were significantly underestimated. She said a County advisory committee on the leachate issue had unanimously recommended that on-site treatment processes be developed and that the cost of such treatment was approximately equivalent to that of the pipeline. She said she had been informed by experts that the use of single-membrane pipeline to transport leachate as planned at Short Mountain was not advisable in unstable soils. She reported that organisms appearing in the mud of the Hudson River and Chesapeake Bay resulting from poultry, hog, and urban area runoff were producing Alzheimer-like symptoms in humans.
William Powell, 3955 East 17th Avenue, Eugene, reminded commissioners of his previous testimony regarding levies related to the Glenwood area. He said he worked with seven pawnshops and was concerned that there was a "powder keg" waiting to explode because criminal elements were taking advantage of the easy access of guns.
3. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 98-3-11-1/In the Matter of Calling an Election for the Formation of the McKenzie/Mohawk Sheriff's Law Enforcement District and Providing a Ballot Title.
Sheriff Jan Clements stated that the public hearing was to determine whether an election should be held to form a Sheriff's Law Enforcement District (SLED) in the McKenzie/Mohawk area.
County Counsel Teresa Wilson explained that the role of the Board of County Commissioners in relation to the proposed SLED was to set the tax rate, call an election, and approve the title of the ballot measure to be submitted for the measure. She said the tax rate recommended was $1.27/$1,000 of assessed value and that approval of the order was recommended.
Commissioner Sorenson asked for an explanation of the term "permanent tax rate" as used in the proposed order. Ms. Wilson replied that the term was taken from Ballot Measure 50 and implied that the rate was the maximum which could be levied. She said that if boundaries or services of the proposed district were changed, the rate could be altered; and that if the district was abolished, the levy could no longer be imposed.
Commissioner Cornacchia opened the public hearing.
Jim Hale, 1995 Terresa Avenue, Eugene, stated that he applauded the efforts of the Sheriff to improve police services in the rural areas of the county. He distributed copies of a chart entitled "Staffing Comparison--All Oregon Counties" and said that it showed that Lane County was far below the national and Oregon average for the number of Sheriff's Officers per 1,000 population. He said he believed the approach taken by the Sheriff to improve services was appropriate, but that it would be necessary to amend the Eugene-Springfield Metropolitan General Plan if it were to be applied throughout the county.
Commissioner Cornacchia determined there was no one else wishing to testify and closed the public hearing.
MOVED: that the question of the formation of the McKenzie/Mohawk Sheriff's Law Enforcement District be referred to the voters for the May 19, 1998, election, with the ballot title "Formation of the McKenzie/Mohawk Sheriff's Law Enforcement District (SLED)."
Commissioner Weeldreyer MOVED, Commissioner Dumdi SECONDED.
Commissioners commented on the positive value of the proposed district.
Sheriff Clements distributed copies of a brochure containing facts and a neutral description of the proposed district.
4. COMMISSIONERS' BUSINESS
a. ORAL REPORT/City of Eugene Deferred Assessment Policy.
City of Eugene Engineer Les Lyle reminded commissioners of previous discussions held regarding the assessment practices of the City and Lane County. He reported that the Eugene City Council had approved changes in improvement assessment impacts in January 1998. He reviewed information regarding the changes contained in his memoranda dated March 4 and February 10, and a memorandum from Jeff Lankston and Paul Klope dated February 10 distributed with the agenda of the meeting. He said he believed the changes made to the assessment practices of the City were equitable and more closely matched those of the County. He pointed out that $250,000 would be necessary to provide for a revolving assessment deferral fund to be support the program. He said conceptional approval of the plan was requested from commissioners so that property owners who may qualify for it could be informed. He also said that Board action on the plan would take place in its consideration of the formation of local improvement districts scheduled for March 1998.
Commissioner Cornacchia stated that he was willing to set aside his concerns about general assessment policy to allow beginning work on specific projects possible. He said he appreciated the actions of the Eugene City Council and suggested that funds needed for a revolving assessment deferral fund might be available from the Economic Assistance Program in the County Road Fund.
Commissioner Dumdi clarified that the street assessment policies under consideration applied to property to be developed which was outside the Eugene City Limits, but inside its Urban Growth Boundary. She asked what the difference in assessment would be for a typical property under the new policy. Mr. Lyle replied that the change would result in 40 to 50 percent over assessment reduction, and that average properties would likely receive a $10,000 to $12,000 reduction.
In response to questions from Commissioner Green, Mr. Lyle explained that it would be impossible for the City of Eugene to use the proposed revolving assessment deferral fund for street improvements because it would be limited to development of new streets for properties outside city limits. He also explained that current System Development Charges (SDCs) would continue to provide streetlights for new developments.
In response to questions from Commissioner Weeldreyer, Mr. Lyle said that construction on the identified projects affected by the changes in assessment practices would likely begin in 1998 and 1999, and that provisions were made for a minimum frontage of 60 feet in Eugene assessment practices.
Commissioner Cornacchia reviewed elements of the City of Eugene Assessment Deferral Program included in the February 10 memorandum of Mr. Lyle. Commissioner Green also clarified elements of the program.
Commissioners discussed and expressed approval of the proposed program.
MOTION: to express conceptual approval of the City of Eugene Assessment Deferral Program, express an intention to seek funding of a revolving deferral loan fund from resources available in the Road Fund, and direct that an order putting the concept into effect be presented at a future meeting.
Commissioner Green MOVED, Commissioner Dumdi SECONDED.
Commissioner Cornacchia declared a ten minute recess at 10:30 a.m.
5. COMMISSIONERS' ANNOUNCEMENTS
Commissioner Green announced that he would meet with the Governor's Task Force on Juvenile Crime Prevention on March 13 and 27. He said that the group was making progress in its work and that a full report would be made to the board.
Commissioner Dumdi described attending a Legislative Conference in Washington, D.C. and stated that a full report would be made at the Legislative Committee meeting scheduled on March 16. Mr. Van Factor added that the Lane County delegation had made little progress in its effort to resolve issues related to the relocation of the National Guard Armory in Eugene.
Commissioner Weeldreyer reported on clean up of the Siuslaw River. She thanked Lane County Waste Management staff for granting dump fee waivers and encouraging the project.
Commissioner Weeldreyer reported that there would be a meeting held on March 11, which she would be unable to attend, dealing with computer "Year 2000" problems. She said she hoped the it could be reported that Lane County was working on the issues.
Commissioner Weeldreyer asked that commissioners consider encouraging staff to address problems created by vacancies in administrative staff positions with the innovative use of developmentally disabled persons and seniors available through a program of the Southern Willamette Private Industry Council. Commissioner Cornacchia replied that he preferred that Mr. Van Vactor and responsible staff make proposals regarding such possibilities
Commissioner Weeldreyer described the Information Oregon Project, which, she said, had established as its mission to build better communities through information technology. She described Information Center proposals under consideration.
Commissioner Sorenson reported on his attendance of the Public Interest Law Conference at the University of Oregon, his appointment to a Bus Rapid Transit task force, his work on a Universal Library Card program, his plan to attend a meeting of the Association of Oregon Counties Finance Committee, and his desire to invite an agency representative to make a report to commissioners regarding decoupling of federal forest payments.
Commissioner Dumdi said that she was interested in participating in development of a Universal Library Card proposal and asked to be included in the planning with Commissioner Sorenson.
Commissioner Weeldreyer said work needed to be done on granting authority to set speed zones on rural residential roads. Commissioner Cornacchia said that the topic was on the agenda of the next Board of Commissioners' meeting. Commissioner Weeldreyer asked for permission to work with staff of the Public Works Department to prepare a proposal. Commissioner Cornacchia determined there was no objection.
6. PUBLIC WORKS
a. ORAL REPORT/Blue Mountain and Siuslaw Falls Timber Status Report.
Public Works Parks Division Manager Robert Keefer reported that $480,000 had been received from timber sales from Blue Mountain Park since 1996.
Dan Green, Woodland Management Corporation, reminded commissioners that they had approved a Blue Mountain Park tree harvest plan intended to produce the maximum value without using clear cutting. He described the plan and harvests. He said the harvesting had produced little controversy or public concern, but that the cutting practices tended to discourage natural regeneration and that removal of brush and re-planting might have to be incorporated. He said there was no plan to cut in the Siuslaw Falls Park in the near future because it mostly contained immature trees.
Commissioner Weeldreyer asked if profits from the timber harvest were being used to make improvements in the park. She also asked about complaints by Western Logging Company about logging practices in Blue Mountain Park. Mr. Keefer replied that profits from the sale were being used in Blue Mountain Park and that a local neighborhood group had "adopted" areas of the Siuslaw Falls Park and were cleaning it. Mr. Green said that the logging issue raised by the Western Logging Company was related to their belief that clear cutting resulted in better forest regeneration. Mr. Keefer said that the concerns had been reported to commissioners and addressed in a timely manner.
Commissioner Sorenson asked if work crews from the Department of Youth Services to could carry out forest recovery projects. Mr. Keefer replied that such crews had been used on similar projects and they would likely be used again. He said the cost effectiveness of such crews was marginal compared to professional reforestation crews.
7. COUNTY ADMINISTRATION
Mr. Van Vactor reported that was continuing to work with the Association of Oregon Counties on the realignment team on budget issues related to District Attorneys offices throughout the state.
Mr. Van Vactor stated that the Future Focus Task Force was reviewing a draft of its report and that it preferred to hold a public hearing on the draft with the Board of Commissioners early in April.
Mr. Van Vactor announced that a Joint Elected Official's meeting was planned for April 28 at which a proposal for a County levy from the Public Safety Coordinating Council would be presented. He said that other issues to be considered at the meeting would include animal regulation and transportation. He said it had been recommended that each body hold a work session on the levy proposal before the meeting.
Commissioner Cornacchia reported that the proposed levy would identify needs in the Lane County public safety system in incarceration capacity, prevention and intervention programs for youth, and the Office of the District Attorney. He said it would be helpful for commissioners to hold a work session on the proposal to be made.
8. CONSENT CALENDAR
a. Approval of Minutes:
January 21, 1998, Regular meeting, following HACSA
January 21, 1998, Regular Meeting, 1:30 p.m.
b. Assessment and Taxation
1) ORDER 98-3-11-2/In the Matter of a Refund to E.H. Robbins Conservatorship, Oregon Brand Pet Products, Inc. & David E. Carmichael, Petitioner's Attorney.
c. County Administration
1) ORDER 98-3-11-3/In the Matter of Recognizing the McKenzie Valley Residents Association as a Chartered Community Organization Pursuant to LM 3.513.
d. Human Resources and Management Services
1) ORDER 98-3-11-4/In the Matter of Authorizing the Sale of Surplus County Owned real Property to [A] Murphy Company (May #18-11-30-20-00800, West of 6475 Highway 126, Florence) [B] William James Rardin (May #21-35-17-23-01500, West of 47524 Union Street, Oakridge).
MOTION: to approve the Consent Calendar for March 18, 1998.
Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.
9. PUBLIC WORKS
a. SEVENTEENTH READING AND DELIBERATION/Ordinance PS 1083/In the Matter of Amending the Eugene-Springfield Metro Area General Plan to Modify Police 2, Section III.G, to Provide for the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site and Govern Similar Extensions to Other Sites, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability clauses. (NBA & PM 4/17/96, 5/8/96, 6/5/96, 6/19/96, 7/2/96, 7/24/96/ 8/14/96, 10/2/96, 11/6/96, 12/11/96, 2/5/97, 3/5/97, 6/11/97, 10/15/97, and 1/21/98)
Ms. Wilson referred to a memorandum to the Board from Michael Copely dated March 9, 1998, in which he reports a request from Lane County Waste Management Division staff to postpone consideration of the ordinance until April 22, 1998.
Public Works Land Management Division Planner Michael Copely stated that information being prepared in conjunction with the proposed ordinance would include reports of on-site leachate treatment systems.
MOTION: to approve the Seventeenth Reading of Ordinance PA 1083 and set an Eighteenth Reading for April 22, 1998.
Commissioner Dumdi MOVED, Commissioner Green SECONDED.
Commissioner Sorenson noted that it was likely that final action on the ordinance would not take place before at least a second commissioner who had not heard the original evidence regarding the ordinance was elected to the board. He said he was concerned that such an occurrence would not be in keeping with the public hearing process.
Commissioner Cornacchia said it was likely that additional public hearings would be held on the ordinance in light of new proposals regarding on-site treatment systems under consideration.
VOTE: 4-1, with Commissioner Sorenson voting no.
b. SEVENTEENTH READING AND DELIBERATION/Ordinance PA1084/In the Matter of Amending the Rural Comprehensive Plan to Add a Policy Governing the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain landfill Site, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability clauses. (NBA & PM 4/17/96, 5/8/96, 6/5/96, 6/19/96, 7/2/96, 7/24/96/ 8/14/96, 10/2/96, 11/6/96, 12/11/96, 2/5/97, 3/5/97, 6/11/97, 10/15/97, and 1/21/98)
MOTION: to approve the Seventeenth Reading of Ordinance PA 1084 and set an Eighteenth Reading for April 22, 1998.
Commissioner Dumdi MOVED, Commissioner Green SECONDED.
VOTE: 4-1, with Commissioner Sorenson voting no.
10. REVIEW ASSIGNMENTS
Mr. Van Vactor said that County Engineer Oliver Snowden would work with Eugene City Engineer Les Lyle on the Eugene Deferred Road Assessment Policy and the proposed revolving assessment deferral fund to be developed from existing resources in the Road Fund for consideration at the next meeting of the board.
Mr. Van Vactor said that Commissioner Weeldreyer would work with Public Works staff regarding the permit request of John Davis to operate a truck driving and heavy equipment training school on West Martin Road in Creswell.
Mr. Van Vactor said the staff of Senator Wyden and Representative DeFazio would be invited to the next Legislative Committee meeting to discuss decoupling Federal forest payments.
Commissioner Weeldreyer said she was to work with Public Works staff on a legislative proposal regarding local regulation of speed zones on rural residential areas.
Commissioner Weeldreyer said she was to work with Arlene Marshall and the County Administrator on the need for extra administration and Board of Commissioners office help.
Commissioner Dumdi said she would work with Arlene Marshall regarding a meeting date of the Future Focus Task Force and Roads Advisory Committee.
11. COUNTY ADMINISTRATION
a. ORDER 98-3-11-5/In the Matter of authorizing the County Administrator to execute a Memorandum of Understanding with the City of Lowell, the Lowell Rural Fire Protection District, and Stanley K. Whipple granting Lane County permission to burn a property with delinquent property taxes. (Map #19-01-14-21-01600)
Property Management Officer Jeff Turk stated that the City of Lowell had determined the property was a hazard and had initiated an agreement to have it burned as a fire training exercise and that permission of the County was required because of the delinquent taxes.
MOTION: to approve the Order 98-3-11-5.
Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.
12. COMMISSIONERS' BUSINESS
a. PRESENTATION/Progress of a group of Community Leaders on Issues of Growth and Sustainable Development.
Conflict Resolution Center Director Gayle Landt referred to her memorandum dated March 5, 1998, and a packet of material distributed with the agenda of the meeting regarding the work of the New Community Meeting project. She described the process which developed a significant report on growth and sustainable development. She described the report and invited commissioners to attend a meeting to be held March 12 where the report would be formally presented.
Commissioner Green thanked Ms. Landt for her presentation and his opportunity to participate in the project.
Commissioner Dumdi said the project was a valuable effort.
Commissioner Sorenson said that he admired the work of the Conflict Resolution Center.
Commissioner Cornacchia said he looked forward to receiving the report.
Commissioner Cornacchia stated that the Capital Improvement Project facilities update included on the agenda would be presented as part of the Executive Session of the Board.
Commissioner Cornacchia adjourned the meeting to an Executive Session at 12:05 p.m.
C. Daniel Lindstrom, Recording Secretary
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