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March 18, 1998

REGULAR MEETING BOARD OF COMMISSIONERS

Harris Hall Main Floor - Following HACSA

Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson, and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson, Assistant County Counsel Stephen Vorhes, and Recording Secretary Dan Lindstrom were also present.

1. ADJUSTMENTS TO THE AGENDA

Commissioner Cornacchia announced that Order 98-3-18-10 would be removed from the Consent Calendar and fully considered as an item of business on the agenda.

2. PUBLIC COMMENTS

James Seaberry, 3294 Stark Street, Eugene, stated that the Oregon Court of Appeals had issued a ruling on February 25, 1998, that the Eugene Code did not give the City authority to compel connection of non-annexed properties to the public sewer system. He read a letter in which he requested the Board of Commissioners to require that the City refrain from informing owners of non-annexed property that connection to sewers was required, that the City clearly state its awareness that it has no authority to compel connection, and that the City notify property owners that its letter of February 1998 regarding connection was rescinded. He requested that copies for commissioners be made of a flyer distributed to those who attended the March 16 meeting of the Eugene City Council.

Commissioner Cornacchia requested that a report on legal issues involved in the Court of Appeals ruling about sewer hookups identified by Mr. Seaberry.

Jerry Lake, 132 East Hillcrest Drive, Eugene, stated that he had opposed being required to connect to the public sewer system for a number of years. He said he had received notification of the requirement after the issuing of the Court of Appeals ruling and considered it harassment.

John Davis, 33817 West Martin Road, Creswell, said that he had not received an anticipated letter regarding the denial of his request for a permit to operate his heavy equipment driver training school until road improvements were completed.

Commissioner Cornacchia stated that the concern of Mr. Davis would be discussed as part of the Commissioners' Business item of the agenda of the meeting.

Dana Erickson, no address provided, stated that she had been appointed coordinator of the Long Tom Watershed Coordinating Council, had begun an outreach program to property owners and residents in the area, and was looking forward to official recognition of the formation of the council which she said would likely take place in the summer of 1998.

Maria Vogelpohl-Best, 77910 Quaglia Road, Cottage Grove, described her personal experience with logging trucks traveling faster that was safe on her unimproved rural road. She said that she and other residents favored the establishment of speed limits on such roads because of the fear of accidents, especially involving children or animals.

3. COMMISSIONERS' BUSINESS

a. ORDER 98-3-18-1/In the Matter of Appointing BNY Western Trust Company as Successor Trustee, Paying Agent and Registrar, for Certain Lane County Bonds.

Finance Operations Manager Randy Green reviewed the necessity for officially appointing Bank of New York as Successor Trustee for Metropolitan Wastewater Service District bonds.
MOTION: to adopt Order 98-3-18-1.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 5-0.

b. REPORT/West Martin Road Heavy Equipment Training School

Commissioner Weeldreyer referred to copies of an electronic-mail message from Public Works Engineering Division Transportation Planning Senior Engineering Associate Lloyd Holtcamp regarding issues related to a permit application for a heavy equipment training school on West Martin Road in Creswell. She said it appeared Public Works was concerned that the road would be damaged unless it was strengthened and widened before being used by equipment of the proposed school.

Commissioners discussed issues involved and requested that Mr. Holtcamp make a further report after meeting with the engineers of the applicant regarding conflicting analyses of the road structure of West Martin Lane and its ability to sustain usage by heavy equipment.

c. REPORT/Telecommunications Issues

Commissioner Weeldreyer referred to a notebook of information regarding telecommunication issues which she had prepared as background and reference guide for commissioners and staff. She reviewed its contents and highlighted significant material contained in it. She said it was important for commissioners to become better informed of the rapidly developing technology and accompanying impacts, especially as they related to rural areas. She determined there was interest in a further discussion of telecommunication issues at a later meeting.

4. EXECUTIVE SESSION

Commissioner Cornacchia stated that there would be no Executive Session during the meeting.

5. PUBLIC WORKS

a. DISCUSSION/Establishment of Speed Zones on Low Volume or Non-Hard Surface County Roads.

Public Works Traffic Engineer Ed Chastain reviewed information regarding speed zones on low volume and non-hard surface roads contained in his memorandum dated March 18 distributed with the agenda of the meeting. He said it was recommended that the County not initiate speed zoning for such roads because of the additional cost, allocation of staff time, lack of enforcement resources, and lack of benefits produced. He said the Public Works Department was planning to make a report to commissioners regarding traffic calming options during a meeting in April.

Commissioners discussed issues related to establishment of such zones and agreed that Commissioners Dumdi and Weeldreyer would work with Public Works staff to arrange a Board study session which the Sheriff could attend regarding issues and suggestions raised about rural speed control and traffic issues.

Commissioner Cornacchia declared a five-minute recess in the meeting.

6. DISTRICT ATTORNEY'S OFFICE

a. ORDER 98-3-18-11/In the Matter of Establishing One Deputy District Attorney 4 Position, Two Deputy District Attorney 1 Positions, and Two Office Assistant 2 Positions in the District Attorney's Office.

Lane County District Attorney F. Douglass Harcleroad reviewed information contained in an Agenda Memorandum regarding the need for additional staff in the District Attorney's Office to prosecute criminal cases distributed with the agenda of the meeting. He described attorney case loads, a proposal for relieving the overburdening of staff, and his analysis of the financial capacity of the County to support the proposal.

Mr. Van Vactor stated that full analysis of the fiscal effects of the proposal of the District Attorney had not yet been possible.

Senior Budget Analyst David Garnick reviewed preliminary financial and process concerns raised by staff regarding the proposal of the District Attorney contained in a File Note distributed with the agenda of the meeting. He pointed out that the financial analysis of the proposal submitted by the District Attorney failed to account for the cumulative effect of adding personnel and that it would likely reduce carryover funds by $300,000 annually within four years. He said a more complete financial analysis of the proposal could be available by the week of March 23.

Commissioners discussed financial concerns raised by the proposal.

Commissioners discussed issues related to budget processes raised by the proposal.

Commissioner Cornacchia determined there was consensus to arrange a Management Team/Commissioner work session for March 31 at 9 a.m. regarding the proposal of the District Attorney and staff response to it. He said he did not believe other departments should prepare "add-back packages" for consideration during the session.

7. PUBLIC WORKS

a. ORDER 98-3-18-10/In the Matter of Authorizing the City of Eugene to Improve and Assess Property Located Outside Its City Limits for Barger Drive and Bethel School Road Improvements.

Commissioner Cornacchia reviewed issues considered on March 11 regarding a program of street improvements assessment deferral for property located outside the City of Eugene but within its Urban Growth Boundary.

Mr. Vorhes pointed out that deferral of assessments for properties included in current projects eligible for the program would continue to require Board action to make funds available and involve an element of risk for property owners that the funds would be provided. He said he did not believe assessments could be removed after they were imposed and that the recommended action involved proceeding in good faith that development of a deferral loan fund could be created by agreement between the City and County.

MOTION: to approve Order 98-3-11-10.

Commissioner Green MOVED, Commissioner Weeldreyer SECONDED.

Commissioner Dumdi stated that she was concerned that the proposed assessment deferral program would not be available for properties outside Urban Growth Boundaries and would vote against the motion.

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

b. ORDER 98-3-18-12/In the Matter of Authorizing the City of Eugene to Improve Assess Property Outside Its City Limits for Improvements to Ayres Road.

MOTION: to approve Order 98-3-11-12.

Commissioner Green MOVED, Commissioner Weeldreyer SECONDED.

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

Commissioner Cornacchia determined there was consensus that consideration of the use of designated Road Fund resources to provide a revolving loan fund to support the Eugene Street Assessment Deferral Program for development outside its city limits, but within its Urban Growth Boundary, should take place within 60 days.

c. ORDER 98-3-18-2/In The Matter of Appointing One Member to the Lane County Planning commission.

MOTION: to approve Order 98-3-18-2.

Commissioner Cornacchia MOVED, Commissioner Dumdi SECONDED.

VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes: November 10, 1997, Joint BCC/Veneta City Council,
7:30 p.m.
December 1, 1997, Joint BCC/Eugene City Council, 5:30 p.m.
January 14, 1998, Regular Meeting, 9:00 a.m.
February 18, 1998, Joint BCC/Eugene City Council, 5:30 p.m.
February 18, 1998, Regular Meeting, 1:30 p.m.

B. Children and Family Services

1) RESOLUTION AND ORDER 98-3-18-3/In The Matter of Accepting a Community Policing Grant Award for $7,000 in Children and families (12) and Delegating Authority to the County Administrator to Accept the Funds and Execute Grant Documents and Intergovernmental Agreements.

C. Public Works

1) ORDER 98-3-18-4/In the Matter of Awarding a Contract to Willamette crushing Co. For Oil Rock Production - Various Stockpile Sites, Contract No. 97/98-10.

2) ORDER 98-3-18-5/In the Matter of Accepting a Deed of Land to Be Used as a Public Road Easement for County Road No. 941 (Jasper-Lowell Road) (19-01-03).

3) ORDER 98-3-18-6/In the Matter of Releasing and Dedicating Lot "A", North View Subdivision, as Platted and Recorded in Book 20, Page 11, Lane County Oregon Plat Records, as a Public Road. (17-03-25-14) ("R" Street).

4) ORDER 98-3-18-7/In the Matter of Vacating a Portion of Lot 6 of the First Addition to Louvring Subdivision, as Platted and Recorded in Book 67, Page 28, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (18-04-05).

5) ORDER 98-3-18-8/In the Matter of Authorizing Relinquishment of County-Owned Road Fund Property Located Along Row River Road to BLM Under ORS 271.330.

6) ORDER 98-3-18-9/In the Matter of Entering into an Intergovernmental Agreement with the State of Oregon, Liquor Control Commission (OLCC) for Providing Fuel, Maintenance and Repair of OLCC Vehicles for Three (3) Years from Date of Execution.

MOTION: To approve the Consent Calendar for March 18, 1998.

Commissioner Weeldreyer MOVED, Commissioner Dumdi SECONDED.

VOTE: 5:0.

Commissioner Cornacchia declared a recess in the meeting until 1:30 p.m.

9. PUBLIC HEARINGS

a. SECOND READING AND PUBLIC HEARING/Ordinance PA 1105/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-2/Rural Residential 2", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability clauses (file PA 0253-97; Davidson). (NBA & PM 2/25/98)

Public Works Land Management Associate Planner Michael Copely reviewed the application, reported that approval of the application had been recommended by the Planning Commission, and it had been referred to the Division of Land Conservation and Development and no response had been received.

Mr. Copely pointed out that the amendment application contained unusual Committed Lands arguments which emphasized the characteristics of the property and the difficulty of combining it with neighboring resources to make a larger management unit. He said additional findings could be required through tentative approval.

Mr. Copely also pointed out that extensive testing in water quantity limited areas was required by the Lane Code prior to re-zoning of property, but that the Planning Commission had recommended approval of the application without the test data being part of the record. He said the applicant was proposing that requirement of the data be postponed until the land division stage because of its expensive nature. He said that, in connection with action on the application, staff was requesting the position of the Board of Commissioner regarding applications with similar requests.

Board Members discussed issues regarding the application, especially the requirement of water quantity testing for approval to be granted.

County Council Stephen Vorhes suggested that commissioners likely possessed authority to override code requirements, but that doing so would be difficult to defend in an appeal to the Land Use Board of Appeals. He suggested that ways to allow the application to move forward by postponing, not eliminating, testing be considered.

Commissioner Cornacchia opened the public hearing.

Frank Walker, 37708 Kings Valley Highway, Philomath, stated that he represented the applicant. He referred to a letter from Greg Nelson, Oregon Water Resources Department Resource Management Division, dated February 27, 1998, regarding the application distributed with the agenda of the meeting. He responded to its recommendation that the application be denied because of (1) the ill-defined boundaries of the subject parcel, (2) the willingness of a potential purchaser of the property to pay for testing if a zone change is granted, (3) submitted data could satisfy requirements of the current application, and (4) the applicant's willingness to prepare Goal 4 findings and address water testing issues.

Mr. Walker explained that the applicant was seeking a zoning exemption on the basis of Committed Lands arguments because access to the property was limited by topography to zone RR-2 and RR-5.

Mr. Cornacchia determined there was no one else wishing to testify in connection with the application and closed the public hearing.

Commissioners discussed issues related to the application.

MOTION: to tentatively approve Ordinance PA 1105; to hold open the record of its public hearing until April 29, 1998; to re-consider it at the May 13 meeting; and to consider the following as conditions for its approval: (1) additional findings regarding Lane Code Chapter 13 and its requirements for aquifer testing, (2) additional findings regarding impacts on surrounding development, and (3) application of the "working paper guidelines."

Commissioner Weeldreyer MOVED, Commissioner Dumdi SECONDED.

VOTE: 5-0.

Commissioner Weeldreyer requested that the Board consider studying issues related to the level of development in riparian areas as they relate to applications for Rural Comprehensive Plan amendments and re-zoning and exceptions to Statewide Planning Goal applications.

10. COMMISSIONERS' ANNOUNCEMENTS

Commissioner Cornacchia determined there were no announcements to be made by members of the Board.

11. REVIEW ASSIGNMENTS

Mr. Van Vactor reviewed assignments made during the meeting.

There being no further business, Commissioner Cornacchia adjourned the meeting at 2:55 p.m.

C. Daniel Lindstrom, Recording Secretary

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