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May 6, 1998

REGULAR MEETING BOARD OF COUNTY COMMISSIONERS

Harris Hall Main Floor

Following  Board of Health

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, and Recording Secretary C. Daniel Lindstrom were also present.

1. ADJUSTMENTS TO THE AGENDA

None

2. PUBLIC COMMENTS

Bill Snyder, 189 West 36th Avenue, Eugene, said that he was sympathetic with the dilemma of staff regarding the need to resolve issues related to leachate issues at the Short Mountain Landfill, but that he disagreed with their likely recommendation that the board commit to a pipeline solution to the problem. He said that discharge of leachate into the Willamette River through a pipeline would not provide a permanent solution, and would result in higher levels of leachate being released than on-site treatment, and developing technologies would provide a more permanent solution to the problem.

Pamela Guthrie, 1865 East 28th Avenue, Eugene, reviewed reports of the failure of leachate transporting pipelines. She described health concerns about swimming in the Willamette River and eating its fish. She listed the effects of various contaminants found in water of the river. She urged the board to be cautious regarding treatment of leachate in the Short Mountain Landfill.

3. RESOLUTIONS

a. RESOLUTION AND ORDER 98-5-6-1/In the Matter of Proclaiming May 6, 1998, as Public Health Nurses Day.

Mr. Rockstroh read a proclamation declaring May 6, 1998, to be Public Health Nurse's Day in Lane County and urging citizens to join in recognizing and honoring the past accomplishments and supporting the future endeavors of Public Health Nursing.

MOTION: to approve the Resolution and Order 98-5-6-1.

Commissioner Dumdi MOVED, Commissioner Sorenson SECONDED.

VOTE: 5-0.

b. RESOLUTION AND PROCLAMATION 98-5-6-2/In the Matter of Designating the Month of May 1998 as Sexual Assault Awareness Month.

Commissioner Cornacchia read a proclamation declaring the month of May 1998 to be Sexual Assault Awareness Month and commending its observance to citizens.

MOTION: to approve the Resolution and Proclamation 98-5-6-2.

Commissioner Dumdi MOVED, Commissioner Sorenson SECONDED.

VOTE: 5-0.

4. HEALTH AND HUMAN SERVICES

a. PUBLIC HEARING AND ORDER 98-5-6-3/In the Matter of Holding a Public Hearing and Accepting Revision #9 to the Oregon Health Division Grant; Delegating Authority to the County Administrator to Sign the Document; and Reducing Appropriations $6,255 in Revenues and Expenses in Fund 86 in the Department of Health and Human Services.

Mr. Rockstroh stated that Order 98-5-6-3 was required because of the reduction of a grant.

Commissioner Cornacchia opened the public hearing.

Commissioner Cornacchia determined there was no one present wishing to testify in the public hearing.

Commissioner Cornacchia closed the public hearing.

MOTION: to approve Order 98-5-6-3.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

VOTE: 5-0.

5. COMMISSIONERS' BUSINESS

a. PRESENTATION/Diversity Video.

Diversity Analyst Hector Rios-Zavala presented a video production prepared by Personnel Services and Metrovision regarding respecting and valuing differences among the employees of Lane County.

Commissioners commended the quality of the video and discussed its use in employee orientation and development. Commissioner Weeldreyer requested that a list of employees appearing in the video be provided to the board.

Commissioner Cornacchia declared a ten minute recess in the meeting.

6. COMMISSIONER'S ANNOUNCEMENTS

Commissioner Green reported on a request from The Arc of Lane County for a letter of support for a Lifespan Grant. He said the grant would support development of interagency infrastructure for agencies providing services for persons in need of respite care such as those with Alzheimer's Disease, developmental disabilities, physical disabilities, chronic illness, mental and emotional conditions, and situations in which a high risk of abuse and neglect exist. He said he would prepare a draft and circulate it among commissioners for comment.

Commissioner Dumdi reported on a Forest Work Camp community meeting. She said there was interest and concern about changes taking place at the camp. She said she believed the meeting was worthwhile and that a news conference regarding changes would be held May 15.

Commissioner Weeldreyer stated that she also attended the Forest Work Camp community meeting and was impressed with the trust that had developed among the concerned citizens. She suggested that there be continued efforts to keep area residents informed about the camp through publicity, a newsletter, and neighborhood outreach.

Commissioner Weeldreyer reported that she served on the State of Oregon Information Resource Council which met bi-weekly in Salem to plan for a statewide information sharing system. She said she believed similar local government agency meetings would be helpful.

Commissioner Sorenson reported on a meeting he had convened between property owners having flooding problems, Lane County Department of Public Works Director John Goodson, and representatives from the City of Eugene. He said a solution for the problem was reached in a single gathering.

Commissioner Sorenson reported that the Lane County Budget planning process had begun and that the next meeting on May 12 would be a significant.

Commissioner Sorenson reported that the HIV Alliance would hold its AIDS River Walk on May 16, and that the Festiva Latina would take place May 15-17.

Commissioner Cornacchia reported that the official grand opening of the Hyundai manufacturing plant in Eugene would take place May 8 and 9. He said that at an event featuring himself, Mayor Torrey, and Governor Kitzhaber, he would present an atlas of the State of Oregon and a portfolio of photographs to company and civic leaders from Korea.

Commissioner Weeldreyer reported that she had been appointed to the board of directors of the Coalition to Re-Build Community Television.

7. PUBLIC WORKS

a. PRESENTATION of the National Partnership for Reinventing Government Hammer Award to Lane County for Implementation of the Parks Consolidation Plan in Cooperation with the Oregon State Parks and Recreation Department and the U.S. Army Corps of Engineers.

Parks Manager Robert Keefer reported that Lane County had received a prestigious award and introduced Tom Savage of the U.S. Army Corps of Engineers to make the presentation.

Mr. Savage explained that U.S. Vice President Al Gore had established the Hammer Award to recognize cooperative endeavors between government agencies to reduce costs and make programs work more effectively. He said that the award was presented to Lane County, the Oregon State Parks and Recreation Department, and the U.S. Army Corps of Engineers for their consolidation of regional parks in the area.

b. REPORT BACK/Short Mountain Landfill Leachate Treatment System Proposals Evaluation.

Waste Management Engineer Ken Kohl reviewed the process followed to solicit proposals for on-site leachate treatment at the Short Mountain Landfill. In response to questions from Commissioner Cornacchia, he described details of the evaluation and recommending process. He explained that the proposal of Pall Rochem had been recommended over others because of the proven track record of its process. He said a final contract would be negotiated for approval of the board on its concurrence with the staff recommendation.

Commissioner Sorenson asked if the viability of continuing current practices involving the trucking of leachate to a different landfill had been considered to allow time for further investigation of treatment processes. Mr. Kohl replied that there was no guarantee that the cost of any existing system would be reduced in the near future and that no currently existing system costing less was appropriate for the Short Mountain site.

Commissioner Cornacchia asked if Commissioner Sorenson wished to suggest specific alternative technology. Commissioner Sorenson replied that he accepted the staff report which indicated that no other existing on-site technology was appropriate, but that he wanted to ensure that consideration of the use of a pipeline was rejected. He also said that he was concerned about the high cost of recommended treatment processes and would like to hear from the citizen advisory committee regarding the staff recommendation.

Commissioner Weeldreyer stated that she realized that the cost of on-site leachate treatment was higher, but she was confident that staff had completed a thorough and high caliber study in developing its recommendation. She said that the current trucking process would likely not be allowed in the near future because it created unacceptably high levels of pollutants.

Commissioner Green reminded the board that consideration of Ordinances PA 1083 and 1084 had begun because of the high cost of on-site treatment processes. He said he was now ready to support on-site treatment because the public was willing to support the investment. He expressed appreciation to staff for their work in "depersonalizing" the issues related to leachate treatment.

Commissioner Dumdi said that she agreed with the comments of Commissioner Weeldreyer and Commissioner Green. She suggested that the recommendation of the citizen advisory committee to take additional time to study on-site treatment technology had been followed. She said she supported staff choosing Pall Rochem because of its use of proven technology.

Commissioner Cornacchia said he supported the recommendation of staff because continued use of trucking and the pipeline proposal contributed to unacceptable pollution of the Willamette River. He suggested that the decision-making process was an example of political leadership in action.

Commissioner Weeldreyer reflected on the wealth of information available on the Internet regarding technology for treatment of leachate. She also recalled a previous Lane County experience of management technology which was unsuccessful.

Commissioner Sorenson asked if the expense of on-site leachate treatment was expected to increase the landfill tipping fee. Mr. Van Vactor stated that determination of such a fee change would involve moving to Phase Two of the Short Mountain site. Mr. Kohl added that development of on-site treatment would likely take place over a period of time and that available reserves would likely preclude the need to increase fees.

Commissioner Sorenson requested that a representative of the citizen advisory committee be asked if additional time would allow accumulation of additional information. Committee Chair Steven Moe replied that the committee had made its recommendation that additional time be allowed had been made because of its concern leachate treatment would be based solely on the lower cost of the pipeline. He said that applicable technology was changing and that future developments could make it less expensive.

Commissioner Sorenson observed that Board acceptance of staff recommendations indicates that pipeline technology was no longer being considered, but it could also foreclose consideration of future advances in on-site treatment technology.

Commissioner Sorenson moved to table further consideration of Ordinance PA 1083 and Ordinance PA 1084. Commissioner Cornacchia ruled that the motion was out of order and not under consideration.

c. ORDER 98-5-6-4/In the Matter of Approving the Selection of Pall Rochem as the Preferred Provider for the Short Mountain Landfill Leachate Treatment System and Authorizing the Negotiation of Terms and Conditions for Board Approval.

MOTION: to accept the report of the Waste Management Division regarding Short Mountain Landfill Leachate Treatment System Proposals, and approve Order 98-5-6-4 to pursue implementation of on-site treatment through contract negotiations with Pall Rochem.

Commissioner Green MOVED, Commissioner Dumdi SECONDED.

Commissioner Sorenson expressed appreciation to the citizen advisory committee, Waste Management Division staff, and former Lane County Commissioner Jerry Rust for their work which allowed full consideration of the on-site treatment processes. He said he would vote in opposition because he preferred to consider future, less costly leachate treatment technology.

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

d. NINETEENTH READING AND DELIBERATION/Ordinance PA 1083/In the Matter of Amending the Eugene-Springfield Metro Area General Plan to Modify Policy 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.

MOTION: To defer action on the Nineteenth Reading and Deliberation regarding Ordinance PA 1083 until a contract negotiated through the authorization provided by Order 98-5-6-4 is adopted, or Waste Management Division staff reports that it has been unable to negotiate acceptable terms and conditions of such a contract for Board approval.

Commissioner Green MOVED, Commissioner Weeldreyer SECONDED.

In response to a question from Commissioner Sorenson, County Counsel Stephen Vorhes stated that the motion to defer action was acceptable.

Commissioner Sorenson stated that he would vote against the motion because the Board should conclude its consideration of the ordinance authorizing a pipeline to the Short Mountain Landfill and extending the Urban Growth Boundary.

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

e. NINETEENTH READING AND DELIBERATION/Ordinance PA 1084/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.

MOTION: To defer action on the Nineteenth Reading and Deliberation regarding Ordinance PA 1084 until a contract negotiated through the authorization provided by Order 98-5-6-4 is adopted, or Waste Management Division staff reports that it has been unable to negotiate acceptable terms and conditions of such a contract for Board approval.

Commissioner Dumdi MOVED, Commissioner Green SECONDED.

Commissioner Sorenson said land use regulations required that the public be informed of a specific time and date when a matter would be reconsidered and the "trigger" for reconsideration of the ordinance was inadequate. Mr. Vorhes replied that since the ordinance did not strictly involve land use issues, appropriate public notice could be provided in advance of when the ordinance was again considered.

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

Mr. Kohl stated that a video tape describing the leachate treatment process of Pall Rochem was available for viewing by commissioners.

10. CONSENT CALENDAR

A. Approval of Minutes: April 1, 1998, Regular Meeting, 9:00 a.m.

April 8, 1998, Regular Meeting, following Housing Authority And Community Services Agency

B. County Administration

1) ORDER 98-5-6-5/In the Matter of Recognizing Rural Thurston as a Chartered Community Organization Pursuant to LM 3.513.

2) ORDER 98-5-6-6/In the Matter of Approving Receipt of a $626,000 Community Development Block Grant for Construction of Mapleton Water System Improvements, Authorizing the County Administrator to Sign Grant Document and an Intergovernmental Agreement Amendment with the Mapleton Water District.

C. Assessment and Taxation

1) ORDER 98-5-6-7/In the Matter of Refunds to PeaceHealth; Willamette Industries, Inc.; Cherry Creek Village LLC; and Fountain Villa Venture, LTD & David E. Carmichael, Petitioner's Attorney.

D. Health and Human Services

1) ORDER 98-5-6-8/In the Matter of Awarding the Behavioral Support Specialist Contract in the Amount of $105,000 for the Period May 15, 1998-April 30, 1999 to Eugene Center for Family Development; and Delegate Authority to the County Administrator to Sign the Contract.

2) ORDER 98-5-6-9/In the Matter of Approving Exhibit A, the Lane County Annual Health Plan for FY 1998/99; Accepting the Intergovernmental Agreement With the Oregon Health Division in the Amount of $2,514,082; and Delegating Authority to the County Administrator to Sign the Public Health Plan, and an Intergovernmental Agreement With the Oregon Health Division.

3) ORDER 98-5-6-10/In the Matter of Awarding a Contract to PeaceHealth Oregon Region for $2,761,322 for the Period January 1, 1998 Through June 30, 1999 to Operate the Lane County Psychiatric Hospital and Authorizing the County Administrator to Sign the Document.

E. Management Services

1) ORDER 98-5-6-11/In the Matter of Authorizing the Sale of Surplus County Owned Real Property on an Installment Contract to James V. Bird, Carolyn G. Bird, Leon Sam Moses and Snehlatha Mary Bathini (Map #18-02-02-23 Tax Lots 1000, 1100, 1200, 1300, 1400 and 1500, Located on South 70th Street, South of Glacier Drive, Springfield.

2) ORDER 98-5-6-12/In the Matter of Accepting the Letter of Agreement From Coopers and Lybrand to Provide Audit Services to Lane County Covering the Fiscal Year Ending June 30, 1998.

3) ORDER 98-5-6-13/In the Matter of Authorizing the County Administrator to Execute a Thirty-Nine Month Lease Renewal Agreement With McKenzie Enterprises, Inc. for Space for the Central Lane Justice Court Located at 220 West Fifth Street, Springfield.

F. Public Works

1) ORDER 98-5-6-14/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Rock Material Needs During Fiscal Year 1998/1999, Contract No. 98/99-M&S-50.

2) ORDER 98-5-6-15/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Liquid Emulsified Asphalt Materials, Delivery, CRC Distributor and Operator Needs During Fiscal Year 1998/1999, Contract No. 98/99-M&S-51.

3) ORDER 98-5-6-16/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Asphaltic Mix Patching Material Needs During Fiscal Year 98/99, Contract No. 98/99-M&S-52.

4) ORDER 98-5-6-17/In the Matter of Awarding Requirements Contracts to Eleven (11) Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and During Emergencies Caused by Floods, Wind Storms, and Other Disasters, Contract FY 97/98 FS-07.

5) ORDER 98-5-6-18/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Spring Boulevard (18-03-16-24 & 30).

MOTION: To approve the Consent Calendar for May 6, 1998.

Commissioner Weeldreyer MOVED, Commissioner Green SECONDED.

Commissioner Dumdi requested that consideration of Item B. 2) be removed from the Consent Calendar. Commissioner Cornacchia determined that there was no objection to removing its consideration and amending the motion.

VOTE: 5-0

B. County Administration

2) ORDER 98-5-6-6/In the Matter of Approving Receipt of a $626,000 Community Development Block Grant for Construction of Mapleton Water System Improvements, Authorizing the County Administrator to Sign Grant Document and an Intergovernmental Agreement Amendment with the Mapleton Water District.

Commissioner Dumdi said she had requested that the item be removed from the Consent Calendar to allow her to comment on the exemplary effort of the Lane County Community and Economic Development Coordinator [Peter Thurston] to help a small rural community with a severe water problem

VOTE: 5-0.

Commissioner Cornacchia adjourned the meeting at noon and announced that an Executive Session would be held at 1:30 p.m.

C. Daniel Lindstrom, Recording Secretary

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