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December 18, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 1:30 p.m.

Chair Bobby Green, Sr. presided with Steve Cornacchia, Ellie Dumdi, Jerry Rust and Cindy Weeldreyer present. Sharon Giles, Recording Secretary.

Items 7.c. through 11 were carried forward from the morning agenda and heard during this meeting after Items 12 through 14. For ease of location, the items are listed in these minutes in numerical order.

7. PUBLIC WORKS

c. CONTINUED DISCUSSION AND ORDER 96-12-11-2/In the Matter of Amending Chapter 18 of Lane Manual to Amend Certain Moorage Fees and Moorage Regulations (LM 18.110 and 18.125).

Discussion related to this item occurred during the morning session (Item 7.b.).

MOTION: Approval of the Order, with the understanding that this is for 1997 only. Weeldreyer MOVED, Dumdi SECONDED.

VOTE: 5-0. Keefer to return with a corrected Order.

d. RESOLUTION AND ORDER 96-12-18-5/In the Matter of Accepting a Boating Facility Grant from the Oregon State Marine Board for Phase 2 Improvements to the Signal Point Low Water Boat Ramp, Appropriating $17,430, and Delegating Authority to the County Administrator to Sign the Cooperative Agreement.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

e. DISCUSSION/Establishing Policy Direction for the Conversion of the Economic Development Assistance Program from Grants to Loans of Road Funds for Qualifying Projects.

Due to time constraints, this item was postponed to an unspecified later date.

f. ORDER 96-12-18-6/In the Matter of Adopting Findings and Conclusions and Entering a Final Order Reversing the Hearings Official's Decision and Affirming the Planning Director's November 30, 1992, Approval with Conditions to Allow a Dwelling Not Related to Forest Management Within an Impacted Forest Zone District F2/RCP (PA 1990-92; Bruce Morgan).

MOTION: Approval of the Order. Rust MOVED, Cornacchia SECONDED.

VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes: None.

B. County Counsel

1) ORDER 96-12-18-7/In the Matter of Amending Lane Manual Chapter 3 to Provide for Designation of an Acting Chair for Subdivision Plat Approvals (LM 3.005).

C. Health and Human Services

1) RESOLUTION AND ORDER 96-12-18-8/In the Matter of Granting Authority to the County Administrator to Sign Revision #5 to the Intergovernmental Agreement With the Oregon Health Division.

2) RESOLUTION AND ORDER 96-12-18-9/In the Matter of Appropriating an Additional $10,100 in Revenues and Expenditures in Fund 86 for Services to Individuals with Developmental Disabilities (PAAF 34 to the 1995-97 Intergovernmental Agreement 20-001).

3) RESOLUTION AND ORDER 96-12-18-10/In the Matter of Accepting Revenues from the State of Oregon; and to Increase Appropriations in the Amount of $49,426 in Fund 85 for FY 96/97.

D. Human Resources and Management Services

1) ORDER 96-12-18-11/In the Matter of Authorizing the County Administrator to Execute an 18-Month Lease Agreement With Heinz and Susan Selig for 7000 Square Feet of Office Space at 1900 West 7th Avenue for the WIC Program.

2) ORDER 96-12-18-12/In the Matter of Granting an Exception to the County Paid Retiree Medical Plan to Allow Benefits to Robert McManus and Frederick Hugi.

E. Public Safety

1) ORDER 96-12-18-13/In the Matter of Requesting Approval of an Intergovernmental Agreement Lease of Department of Corrections (State) Bed Space for SB1145 Offenders.

The title on this item was subsequently changed to read:

ORDER 96-12-18-13/In the Matter of Authorizing the County Administrator to Execute an Intergovernmental Agreement with the State of Oregon Department of Corrections for the Purpose of Housing Certain SB-1145 Offenders in State Department of Corrections Facilities.

F. Public Works

1) ORDER 96-12-18-14/In the Matter of Denying a Request to Rename a Portion of North Game Farm Road as Proposed by Ordinance No. PA 1092.

2) ORDER 96-12-18-15/In the Matter of Accepting a Deed of Land to be Used as a Permanent Easement for an Environmental Management Site (Lorane Hwy. 18-04-21).

3) ORDER 96-12-18-16/In the Matter of Entering into an Intergovernmental Agreement with the State of Oregon, Department of Transportation (ODOT) for Providing Fuel, Maintenance, and Repair of ODOT Vehicles and Equipment.

4) ORDER 96-12-18-17/In the Matter of Approving Amendment No. 1 to Work Order No. 15 with EMCON for Design Services for Leachate Force Main, Pump Stations, and Lagoon at the Short Mountain Landfill, and Authorizing the County Administrator to Execute the Amendment

5) ORDER 96-12-18-18/In the Matter of Awarding the Campground Caretaker Contract at Harbor Vista Park to William E. and Christie G. Wilson and Authorizing the County Administrator to Sign the Contract.

6) ORDER 96-12-18-19/In the Matter of Awarding a Contract to Schelsky’s Landscape & Irrigation, Inc. for Landscaping Centennial Boulevard (I-5 to Prescott Lane), Contract No. 96/97-05.

7) ORDER 96-12-18-20/In the Matter of Amending Chapters 2 and 21 of Lane Manual to Adopt the Recycled Paper Procurement and Use Policy Provisions (LM 2.440 to 2.448) and Revise Standard Contract Provisions Regarding Recycled Paper (LM 21.130(21)).

G. Regional Information System

1) ORDER 96-12-18-21/In the Matter of Approving Award of RFP RIS 96/97-1 for Area Information Records System (AIRS)/Database Servers.

Rust declared a potential conflict of interest on Item D.2.

MOTION: Approval of the Consent Calendar. Rust MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

9. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 96-12-18-22/In the Matter of Amending the Classification of Land Use Compliance Officer and Changing the Title to Compliance Officer and Adding One Additional 1.0 FTE Compliance Officer Position to Public Works Administration.

Cheryl McCawley, Personnel Analyst, briefly reviewed this item for the Board.

MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED.

VOTE: 4-1, Cornacchia dissenting, expressing concern that File Note issues were not addressed.

b. REPORT/Facilities and Capital Projects Condition.

David Suchart, Director of Human Resources and Management Services, briefly reviewed this item for the Board (see material on file). He requested that the Board approve phase one.

MOTION: To move forward with Suchart’s recommendation to proceed with phase one of the inventory. Rust MOVED, Dumdi SECONDED. Responding to Cornacchia, Suchart indicated that budgeting for this item would occur in Program 350. He explained that there is a need for prioritization of capital needs over a ten year period.

VOTE: 5-0.

c. ORDER 96-12-18-23/In the Matter of the Award of BID LCP 96/97-03 for Construction Contract for the Reroofing of the Lane County Public Services Building and Annex.

MOTION: Approval of the Order. Rust MOVED, Dumdi SECONDED.

VOTE: 5-0.

10. REVIEW ASSIGNMENTS

Not done at this meeting.

11. EMERGENCY BUSINESS

a. ORDER 96-12-18-26/In the Matter of Approving the Parks Division to Apply for an Oregon Department of Fish and Wildlife Grant to Complete Phase 2 of the Signal Point Low Water Boat Ramp on Lookout Point Reservoir and Delegating Authority to the County Administrator to Sign the Grant Application.

MOTION: Approval of the Order. Weeldreyer MOVED, Cornacchia SECONDED.

VOTE: 5-0.

b. ORDER 96-12-18-27/In the Matter of Delegating Authority to the County Administrator to Execute the Amendment of the Commission on Children and Families Comprehensive Plan for 1995-97 in Order No. 96-9-4-1.

MOTION: Approval of the Order. Rust MOVED, Dumdi SECONDED.

VOTE: 5-0.

c. ORDER 96-12-18-28/In the Matter of Amending Lane Manual 61.040 Regarding the Provision for Private Attorneys.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. Teresa Wilson, County Counsel, indicated that the Board members should each declare a potential conflict of interest, at which time each commissioner did individually declare a potential conflict of interest. VOTE: 5-0.

d. ORDER 96-12-18-29/In the Matter of Granting an Exception to the County Paid Retiree Medical Plan to Allow Benefits to Jerry Rust.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. At this time, Rust declared an actual conflict of interest.

VOTE: 4-0-1, Rust abstaining.

12. COMMISSIONERS' ANNOUNCEMENTS

The Board expressed condolences to Deputy Gill’s family following their recent tragedy.

13. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 96-12-18-24/In the Matter of Selecting Priority CDBG Projects for 1997 Applications.

Peter Thurston, Community and Economic Development Coordinator, introduced this item for the Board, noting that this is the second public hearing in the Community Development Block Grant process, and then briefly reviewed the issues (see material on file).

Green opened the Public Hearing.

Dave Ziegler, 37875 Jasper-Lowell Road, Jasper, indicated that he is the Executive Director of SCAR/Jasper Mountain Center, one of the applicants (for the SAFE Center) in this process. He stated that he brought with him today some of the different people who run the different programs within the Center. Ziegler remarked that the issue was addressed last time as to whether the state would take an additional application from his agency seriously and that was addressed. He commented that another factor is the fact that the agency has accomplished this before and has the experience of knowing how to do it. Ziegler stated that the budget submitted is a working budget, observing that there may be some adjustments, but that the overall range is close. He asked the Board to take a close look at the application.

Susie Dey, Branch Manager for Services for Children and Families, added her support for the SCAR/Jasper Mountain Center’s application for the SAFE Center. She stressed that the project is a countywide endeavor. Dey emphasized that there is an urgent need for this facility. She urged the Board to support the proposal. Responding to Green, Dey remarked that leaving with identified services and treatment plans in place is the benchmark for success for the agency.

Ike Launstein, Superintendent of Lane Education Service District, noted that Lane ESD is the school district for children at the Center and at SCAR/Jasper Mountain. He indicated that the school district takes care of management and the teachers are employees of Jasper Mountain. Launstein explained that at the SAFE Center there are one and one-half teachers and also instructional assistants. He spoke briefly on the need for renovation and offered his full support for funding for the grant.

Bruce Abel, Program Manager for Lane County Child and Adolescent Behavioral Health, stressed that the SAFE Center maximizes the dollars available for high needs children and families in Lane County.

Frank Papagni, president of the Board at SCAR/Jasper Mountain, emphasized that this is a new and separate project from Jasper Mountain. He indicated that this is also a situation where there is other community support, including $40,000 from the Rotary Duck Race. Papagni stressed the need to take advantage of this opportunity to help these kids.

Marco Giarrusso, spoke representing the London Water Co-op. He thanked the Board for the high priority the Board has placed on their project.

Tom Chrestman, member of the London Water Co-op, explained the deficiencies in their water treatment system.

Responding to Green, Ziegler discussed the three components of funding that make the Center work. Green asked if there was any documented evidence that this type of program works. Ziegler explained that the Center is attempting to stop the "foster care shuffle."

Green closed the Public Hearing.

Responding to Cornacchia, Thurston explained the changes that have occurred in his recommendations over the last few weeks. He indicated that OEDD had indicated that the SAFE Center would not be penalized because SCAR/Jasper Mountain had been funded previously. Cornacchia suggested that the application include a letter of support from the Board of Commissioners. Thurston was asked to draft such a letter. Responding to Weeldreyer regarding the London Water Co-op, Thurston explained that they could apply for a technical assistance grant to go through some of the organizational issues. He indicated that the quickest way to move forward with that project would be to proceed in-house and not go through a technical assistance grant.

MOTION: Approval of the Order as submitted. Rust MOVED, Dumdi SECONDED.

VOTE: 5-0.

b. CONTINUED PUBLIC HEARING AND ORDER 96-11-26-12/In the Matter of Hearing an Appeal of a Decision by the Public Works Director to Uphold Facility Permit Conditions for Construction of an Unopened Portion of Spencer Hollow Located in the Plat of Porter Acres (Appellant: James Groat).

Tom Stinchfield, Transportation Planning Engineer, referred to the additional material received by the Board (see material on file). He used a map display to highlight the subject property. Responding to Cornacchia, Stinchfield indicated that staff could accept a vacation, but suggested that this matter proceed with a public hearing process in either event. Rust asked about the option of accepting the road as a public road, while noting that Groat’s property substantially meets the criteria. Stinchfield stated that that might create a chronic drainage situation. He recommended that any option at a lower standard include a survey to locate improvements.

Green opened the Public Hearing.

James Groat, 85150 Spencer Hollow Road, spoke to the drainage issue, indicating it has not been a problem in the past. He reported that he has all of the signatures of the property owners abutting the property (with regard to a vacation procedure). Groat pointed to an area on the map which indicated his choice for the location. Responding to Weeldreyer, Stinchfield stated that Groat’s suggestion precludes the range of options available for future public roads, noting that the issue is whether there will be public or private roads in this area. He noted that there are other parcels that may be affected by today’s decision. Rust asked Groat about the survey issue and Groat commented that there is only one small portion that has not been surveyed.

Green closed the Public Hearing.

Weeldreyer discussed the advantages of a public system (access/fire/emergency) versus diminishing road funds, indicating that she is in support of proceeding with Vacation Option 2, including a public hearing, as long as there is the unanimous support of property owners in the area and they are willing to forego secondary access. Rust explored the option of using this as a case study. He remarked that there is a potential for more development and also a potential for fire. Rust suggested the possibility of deeming this an experimental area, citing that the road construction is substantially up to standards, that it be monitored through time and require Groat to pay for a survey to avoid trespass issues. Rust noted that this would essentially waive construction standards to some extent and allow this to be an example of experimentation. Responding to Cornacchia, Rust suggested monitoring Groat’s road for a year and, if it works, use it as an example of alternative criteria. Responding to Cornacchia, Stinchfield observed that the road’s travel surface varies from 13 l/2 to 17 feet and that there are problems with the drainage. He also expressed concern regarding procedural problems, as other applications may come right in since there have been pre-application discussions with other property owners. Stinchfield indicated that if the standards aren’t applied, then it is left to staff’s judgment, observing the need to be consistent and fair in application of standards. Rust offered that staff could work with Groat, look at drainage, the wood deflecting water and figure out what a "common sense" measurement would look like. Stinchfield stated that if the road were designed to a uniform standard, it would require a ditch on the opposite side and would require removal of some trees.

Green asked if there were any interest in only vacating Groat’s frontage. Weeldreyer indicated that she was interested in working with a logical section of road, not just one property owner’s piece, and then have Land Management, Planning and Transportation Planning solidify Lane County’s code language so that it is consistent in order to apply that standard to future development that comes after a specific time. Stinchfield recommended that the Board require engineering and a survey of whatever width the Board says is adequate in order to be clear with defining the standard for footage and drainage. He suggested that if the Board desires to go less than 20 feet, it use 16-feet, along with drainage and good ditches. Cornacchia remarked that there only seems to be two choices: 1) 20 feet or 2) to vacate it. He indicated that he was having trouble deviating from the 20-foot standard and setting a precedent. Cornacchia opted for beginning with Alternative 4 first and then if that doesn’t work, use Alternative 1 which upholds the decision. Weeldreyer noted that her bottom line concern is that the County has an adequate mechanism to enforce standards. Teresa Wilson, County Counsel, stated that enforcement of facility permit standards is cumbersome and that a clear standard is the easiest process to administer.

MOTION: To suspend action while vacation proceedings begin for this road (clarified by Weeldreyer later as being from Spencer Hollow to where the other right-of-way intersects [not to Wildwood Creek Road]); and based on the outcome, this issue may be revisited for upholding of the Director’s decision. Weeldreyer MOVED, Cornacchia SECONDED. Rust offered his support for a 16-foot road that meets all other standards.

VOTE: 4-1, Rust dissenting. It was suggested that Mr. Groat begin vacation proceedings.

c. SECOND READING AND PUBLIC HEARING/Ordinance PA 1094/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Industrial" and Rezoning that Land from "F-2" ("Impacted Forest Land") to "M-2/SR" ("Light Industrial/Site Review"), and Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 1443-95; Big Leaf Timber Corp.).

Green read this Ordinance into the record. (Cornacchia was excused briefly.) Michael Copely, Associate Planner, briefly reviewed this item for the Board (see material on file), recommending approval and discussing several issues, including the range of uses within the requested M-2 zone and the Goal 14 issue.

Green reviewed the process for this hearing. No ex parte contacts were declared. (Cornacchia was not present for this process.)

Green opened the Public Hearing.

Harry Taylor, P.O. Box 1420, Veneta, stated that he is a land use planner representing applicant Big Leaf Timber Company. (Cornacchia returned to the meeting at this time.) Taylor explained that this application is seeking to correct a Plan error and restore the property to its historic use. Taylor reviewed his material in the packet. He distributed an aerial photograph and made it clear that this is not a resource piece of land. Taylor stressed that rezoning will protect the long-term viability of businesses located on the property to supply construction and logging services to the area. He indicated that the request will have no significant adverse impact on existing or planned uses in the area. With regard to other M-2 uses, Taylor explained that there are a wide range of uses and that within the realm of industrial uses, the present uses are relatively significant, but, nonetheless, have been fairly compatible with the neighborhood. Taylor related that although storage units were discussed, there are no plans for that at this time. Taylor stated his belief that Goal 14 doesn’t apply because this involves an existing use, not siting of a new use. He stated that he has spoken with DLCD staff and they do see somewhat of a difference as this is an existing use. Weeldreyer remarked that the current use has not impacted local EFU uses. Taylor commented that Hemenway Farms sold the property to Big Leaf as it was non-resource land. He also explained that there is a physical buffering, including a small creek, a slope and a wooded area.

Linda McCown, 80751 Sears Road, Cottage Grove, indicated that it was not her understanding that it would not be possible to rebuild in the event of a fire. McCown stressed that she and husband are opposed to a change of zoning, noting that theirs is the closest residence. She stated that although their home is described as being 700 feet away, their respective driveways face each other and are separated by 50-feet of blacktop. With regard to the value of existing residential property, McCown pointed out that the owner did come around and indicate his interest in putting in storage units. She noted that other potential allowed uses could/would be more intense.

Taylor again commented that there are no plans at this time for storage units. Regarding forest use, he indicated that applicants planted 8,000 Douglas Fir trees on the property in 1980 and only 250 survived. Taylor stated that the applicant is not willing to put any restrictive covenant on the property. Responding to Cornacchia’s question, Taylor indicated that the applicant would likely choose no rezoning and continued nonconforming use, rather than rezoning and deed restriction.

Green closed the Public Hearing.

Weeldreyer observed that this is an existing use of an industrial nature and that for that reason and the fact that DLCD has indicated it will not oppose rezoning, she would support approval of the ordinance. She indicated that she is inclined to support the Planning Commission’s findings, with the site review, to allow adjacent property owners to negotiate for a good neighbor policy.

MOTION: Tentative approval of the Ordinance, including site review with visual buffering included. Weeldreyer MOVED, Dumdi SECONDED. Cornacchia indicated that he was struggling with the potential conflicts of any potential use down the road. He stated that he does think it should be rezoned, but is not comfortable with site review being the buffer for compatibility. Cornacchia wondered whether the next owner after McCown would be aware of site review. He remarked that there should be a minority position to express concern regarding compatibility of future uses. Weeldreyer noted that she shares the concern regarding future impacts. She asked if there was a way to strengthen the site review process. Rust suggested a condition of the rezone to be to provide a 40-foot (or so) strip of vegetation along the road. He noted that site review can help with traffic, but there seems to be a need to "soften" the site. Copely advised that the Board can make comments for the record for specific conditions to be imposed during site review. Cornacchia and Weeldreyer offered support for using the language "visual vegetative buffer" in the site review, to be included in the Findings.

VOTE: 5-0. It was noted that the Ordinance and Findings would be brought back for final action at a later date.

Following this discussion the Board continued the morning agenda with Item. 7.b. (above).

14. OTHER BUSINESS

None.

There being no further business, this meeting recessed at 4:15 p.m., with a reminder that Executive Session would be held at 1:30 p.m. tomorrow with the possibility of reconvening into regular session.

Sharon Giles, Recording Secretary

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