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December 4, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - following HACSA

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

1. ADJUSTMENTS TO THE AGENDA

There was a need for an emergency business item this morning. There was also a report back under Commissioners' Business from Ike Jensen regarding FEMA funds.

2. PUBLIC COMMENTS

Michael Gorman, 108 Cross Place, Eugene, Oregon 97402, read a letter that he received from the Sheriff's Department into the record (see material on file). He reported that he has made 17 attempts since 1992 to review the records of his incarceration in the Lane County Jail from October 14 to December 20, 1992. He commented that the Sheriff's Department was suggesting that he should not attempt to be a pro se plaintiff and he needed to seek counsel. He stressed that he would not seek counsel and that he will try this case in a federal court against the Lane County Jail as a pro se litigant.

Gorman also passed out material regarding the Homeless Memorial Day and requested that it be added to the record.

Green closed the public hearing at 9:44 a.m.

 3. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer stated that the Commission on Children and Families (CCF) is talking about inviting legislative members to a breakfast to discuss CCF issues. She said that she supported the idea of arranging a legislative breakfast with the Lane County delegation but wanted it to be broad enough for numerous presentations.

Cornacchia stated that this was a very worthwhile exercise. He asked when the Commission on Children and Families was going to make its recommendation to the Board regarding composition and conflicts.

Green replied that, at the last meeting, Weeldreyer, along with another Commission member, undertook the process of restructuring the Commission.

Weeldreyer reported they met to discuss the composition of the committee and to create by-laws. She said they had their first subcommittee meeting last night and, as a result, the staff is addressing whether the membership on the Commission on Children and Families could be increased; identified slots on the commission for certain constituencies; and how professionals are treated and the handling of potential conflicts of interest. Weeldreyer stated that these questions will go out this month to commission members and interested community groups. She noted that the subcommittee will meet with recommendations and examples of bylaws in preparation for the January Commission on Children and Families' meeting. Weeldreyer stated that these issues will come back to Board soon after that meeting.

Cornacchia stated that he was interested in the entire Commission’s input. He would like to have the Minutes available so that the comments of the Commission can be provided to the Board. Cornacchia asked Green to contact members who have not been attending and report back to the Board on the status of membership.

Green agreed and noted that there has been a lack of attendance. He stated that he was very supportive of having a breakfast with legislative members and emphasized the need for a structured meeting with a concise list of items. He stressed the need to keep a presence in Salem and to continue to be heard.

Van Vactor commented that this issue should be brought up with Roy Burns and suggested that Burns and Pat Rogers put together a list.

Green reported that he has received a letter from Thomas Coley tendering his resignation, both of the Public Safety Coordinating Council and the Commission on Children and Families as of December 20. Green said this will leave a vacancy on the Commission on Children and Families and will also change the structure of the Public Safety Coordinating Council due to the fact that Coley and Laurie Swanson Gribsov co-chair that committee.

4. COMMISSIONERS' BUSINESS

a. Emergency Item/Impact of Proposed New Material Recovery facility (MRF) and Expansion of Existing MRC on Solid Waste Fund and County Services.

Ike Jensen gave a brief overview of the preliminary damage assessments. He explained that under the individual and business assistance portion (one of the two portions of the damage assessment), his information was very incomplete because the individual and small business dollars and cents have not yet been compiled in Salem. He said he has assessments from the Small Business Association that showed $351,000 in damages have been assessed in Lane County. Jensen stressed that this was not complete because Mapleton was compiling information.

Rust stated that the railroad had a request to be communicated to the Governor and asked if Jensen felt they were being responsive.

Jensen responded affirmatively. He said the railroad is one of the businesses being assessed, either physically or by looking at the paperwork provided.

Weeldreyer asked for the number of businesses that were impacted.

Jensen responded that there were five major business impacts in the county and 54 minor impacts, which included the railroad. Jensen added that Mapleton which will increase those numbers. He then talked about the infrastructure which covers government, corporations and non-profits and the amount given by them for roads being $750,000 to $800,000 and $250,000 for infrastructure-other, which are the co-ops and the public utility districts. Jensen said there is a little more than a million dollars, which does not meet the required 40% damage total of Lane County. However, because it is contiguous to Coos and Douglas Counties (which are over the 40%), Lane County is eligible.

Green commented that he has received several calls in the last few days from residents along the McKenzie Highway and in Cottage Grove. Green requested that Lane County issue a press release to explain the funding assistance process and where Lane County is in that process.

Jensen stated that, as far as residential damage, assessments are being done and the individual assistance dollar assessments must first go to Salem. He said after Salem puts the numbers together, they will send them to him. Jensen said the process for preliminary damage assessment is a general assessment which is usually done by driving by. He explained that as soon as a FEMA registration phone number is given out, applications will be made and inspectors become involved.

a. PROCLAMATION AND RESOLUTION 96-12-4-1/In the Matter of Proclaiming the Month of December 1996 as Mentoring Month in Lane County.

Green reported that Lane County was asked to proclaim December as Mentoring Month. He said the Governor has already made this proclamation for the State. Green stated that Eugene was one of 15 cities awarded a grant and was the only western city to receive this support. He explained that the mentoring program is a partnership between the governments, businesses, schools, police and service providers. He said it was one of his goals, as the chair for the Commission on Children and Families, to incorporate the Networking for Youth mentoring program into their plan.

MOTION: Approval of the Proclamation and Resolution.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

b. ORAL REPORT/Progress Update on Juvenile Justice Center.

David Suchart, Director, Human Resources, distributed a summary progress report. (See material on file.) He reported that the Operation Team is moving along rapidly on the master plan. Suchart stated that, with Bill Seider, the team met with the city building staff and County building staff to try and begin a cooperative agreement for handling the processing of the building and planning permits as this project moves along. Suchart said this was important because, as they beginning to discuss how government operates more efficiently, they can work on cooperative agreements between agencies and reduce some of the turf issues. Suchart said that within next 30 days, the 100% schematic design will be presented to the Board. He reported that they were still on budget and that the time lines were fine.

Suchart stated that they had a public information meeting at Monroe Middle School. He said the architects did a good job in presenting to the public what they are doing and how construction will impact the area. Suchart stated that, unfortunately, most people at the presentation were against the project and made comments about how they did not want construction in that area. He said it turned into a debate with members of the Elks.

Green asked if there were any plans for the team to go to the outlying areas to tell this story.

Suchart said that because of the planning efforts, they have been dealing with the neighborhood area but they would gladly go out to any area or community group that is interested. He stated that reports are being mailed out to the public.

Green suggested sending these reports out to the public libraries.

5. EXECUTIVE SESSION as per ORS 192.660

Recessed into executive session at 11:20.

6. COUNTY ADMINISTRATION

a. Announcements

None.

7. PUBLIC WORKS

a. ORDER 96-12-4-2/In the Matter of Appointing/Reappointing Five Members to the Vegetation Management Advisory Committee.

Perkins said he was here representing the Vegetation Management Advisory Committee (VMAC) recommendations in filling the five vacant positions and also to represent staff's recommendations which were somewhat different that the committee's. He said the committee reviewed the applications by the citizens and listed the leading candidates from VMAC's voting. Perkins explained that staff had concerns about addressing balance, priorities, budget changes and service needs. Staff listed their top applicants (see material on file).

Cornacchia stated that he is liaison to this committee and has watched the process and efforts over the last two months of both staff and the committee to try to continue the balance of the committee. He said the Board made it really clear that the VMAC committee would not be serving either the Board or the public if it is weighted on one side or the other regarding chemical use. Cornacchia stated that he believed that the message of staff was that Lane County and the Board are behind the current Integrated Vegetation Management (IVM) program and want to see that program implemented effectively and efficiently. He said the debate on whether or not to use any chemicals was not a matter of this exercise and the only way to ensure the work of the County, (relative to road side vegetation and, in consideration of the IVM program and the policies behind it), would be to keep the Advisory Committee as balanced as possible. Cornacchia stated that staff analysis was consistent with the Board. He stated that he would like to see the Board accept the recommendations of the Public Works' staff.

MOTION: Approval of the Order reappointing Linda Pauly and John Sundquist and appointing Jim Mischkot, Glenn Miller and Geraldine Ottosen to the Vegetation Management Advisory Committee.

Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

b. FIRST READING AND SETTING 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.) (Second Reading & Public Hearing: December 18, 1996, 1:30 p.m., Harris Hall Main Floor).

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for December 18, 1996 at 1:30 p.m.

Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0

c. ORDER 96-12-4-3/In the Matter of Awarding Lane County Recycling Recognition Awards to Iris Sabre, McMenamin's East 19th Street Cafe and Atlas Cylinders.

Hillary Johnson stated that there were three outstanding members of the community being recommended by the Resource Recovery Advisory Committee to receive recycling recognition awards.

Johnson said that Iris Sabre has been recommended for the award in the individual category for reducing waste generation. She said that Sabre has been a volunteer for the City of Eugene compost program for two years and has given presentations on composting to more than 1600 school children and has formed a compost education team which is comprised of 11 master gardener graduates who will give presentations on composting to even more school children and adult programs in the community. In addition, Johnson noted that Sabre has been very involved in the 1995-96 successful compost bin sales in Eugene and has added a master compost unit to the master gardener program offered by the OSU extensive service. Johnson noted that this was a tremendous effort to keep waste down in community.

Johnson reported that Vanessa Gardner was here to receive the award on behalf of McMenamin's East 19th street Cafe. She stated that they have done a great job of recycling and were recommended for the award in the commercial category. Johnson said that, in addition to recycling the "usual" materials, the cafe employees recycle cork and lead from wine bottles, batteries and bottle caps, save coffee grounds and food prep scraps for local community gardens for composting, their egg cartons are picked up for re-use and they even collect candle wax and crayons which are saved for Goodwill which melts them down to make new wax. Johnson stated that this has been an outstanding effort by McMenimin's.

Johnson noted that the last recipient was Atlas Cylinders which was recommended to receive the award in the industrial category for recycling of a waste product. She stated that this business was able to reduce its solid waste by 50% through recycling of cardboard, wood scraps and waste oil and, in addition, they have reduced their hazardous waste by 90%. She stated that they have worked hard to make these reductions and have done so by educating employees, modifying processing, purchasing specialized equipment and controlling materials coming in the facility as well as to seek assistance from the DEQ, Lane County Waste Management and its waste hauler, Sanipac. Johnson reported that in the next two years, Atlas will install a new computer network to allow them to operate a near paperless system.

Green thanked them on behalf of Lane County for their efforts in waste reductions and recycling and noted that these efforts demonstrate that citizens of Lane County are concerned and are involved.

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

VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes: None.

B. Health and Human Services

1) ORDER 96-12-4-4/In the Matter of Increasing Appropriations in Revenues and Expenditures in the Amount of $92,708 for Residential Medicaid (RES-MED) Services Provided in PAAF #46.

2) ORDER 96-12-4-5/In the Matter of Appropriating an Additional $981 in Fund 86 in the Department of Health and Human Services.

3) ORDER 96-12-4-6/In the Matter of Delegating Authority to the County Administrator to Sign PAAF #52 and Contract Amendments.

C. Human Resources and Management Services

1) ORDER 96-12-4-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Con and Janice Carter (Map #19-12-02-31-02700, Located In Glenada).

D. Public Works

1) RESOLUTION AND ORDER 96-12-4-8/In the Matter of Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for the Improvement of Coburg Road Between McKenzie View Drive and the Coburg City Limits (M.P. 5.24-6.65).

2) ORDER 96-12-4-9/In the Matter of Authorizing Relinquishment of County-Owned Road Fund Property on the Corner of Side Street & Highway 99 to City of Eugene Under ORS 271.330.

3) ORDER 96-12-4-10/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 714 (Perkins Road) (18-04-06).

4) ORDER 96-12-4-11/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Stark Street (17-04-11).

5) ORDER 96-12-4-12/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 913 (Wheeler Road) (18-02-26).

6) ORDER 96-12-4-13/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 85 (Doane Road) (18-05-33 & 34).

7) ORDER 96-12-4-14/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 67 (Pheasant Lane) (18-02-35).

8) ORDER 96-12-4-15/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1188 (Ferndale Road) (17-04-11).

9) ORDER 96-12-4-16/In the Matter of Vacating 10th Street and 11th Street in the Plat of Marion Heights Addition to Creswell as Platted and Recorded in Book 4, Page 82, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (19-03-22).

MOTION: Approval of the Consent Calendar.

Dumdi MOVED, Cornacchia SECONDED.

VOTE: 5-0.

9. HEALTH AND HUMAN SERVICES

a. RESOLUTION AND ORDER 96-12-4-17/In the Matter of Establishing 44.0 FTE and One Extra Help Position for the Parole & Probation Program in the Department of Health and Human Services.

Rockstroh briefly discussed the conversion of Parole and Probation to Lane County. He noted that the employees have already signed the election forms in agreeing to come to Lane County. Rockstroh stated that in order to effect Option One, the implementation date would need to be December 30, 1996.

Cornacchia asked about the physical space situation.

Rockstroh explained that they intend to stay in the same building and he is trying to get a lease on that building so that they can remain there.

Cornacchia said there should be no pressure to fill the manager position and believed it should be done right and not rushed. He stated that he was confident that this group could manage itself in the interim.

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

10. REVIEW ASSIGNMENTS

There was no discussion on assignments.

11. EMERGENCY BUSINESS

Ken Sandusky stated that he was here to apprise the Board of recent developments that could have a dramatic impact on the solid waste fund and, therefore, Lane County's ability to provide the kinds of services that have been traditionally provided. He explained that Recycling Systems, Inc. (RSI) has expressed an intent to apply for a permit from the DEQ to operate a MRF which would also take wet residential garbage. Sandusky said that RSI has indicated that, when they get to the third phase of the implementation of their process, they could recover 95% of everything that comes in the front door. He remarked that they have negotiated agreements with several of the smaller residential hauling firms to commit their waste to RSI for a period of 10 years. He estimated that the tonnage that those smaller companies would provide would be approximately 32,700 tons of waste a year. Sandusky stated the financial impact to Lane County would range from about $981,000 to about $1.5 million.

Cornacchia said that the Lane County facility would no longer be receiving wet garbage at $47 per ton, instead they will be receiving it at the MRF rate of $20 He said there are two ways to go, one is to continue with Short Mountain and one is shut down Short Mountain.

Sandusky said there are two other elements of residential waste. He explained that there is what the self haulers bring and, in addition, there is the percentage of commercial waste which Sanipac does not intend to run through their MRF. He said that Sanipac controls about 85 tons of commercial and residential waste. He said that since Sanipac's competitors would go to RSI, Sanipac’s interest in expanding their existing MRF to accept wet garbage is an attempt to maintain their competitive edge. Sandusky remarked that Sanipac has already applied for a permit to DEQ for modification and will also try to get yard debris from the residential customers as well as office waste paper from business customers. He talked about the impact (see material on file).

Sandusky talked about a third MRF, Northwest Resource Recycling and said that they would also seek a modification to their permit and there would also be some additional impact from waste going into that facility. He questioned what was in the best interest of the community, and noted possible tradeoffs and how these impacts would affect Lane County's ability to stay in compliance at Short Mountain to provide not only mandated services but also those services that the Board wants.

Cornacchia said that the DEQ requires County approval before they issue a permit and that County approval is based upon compliance with the solid waste plan. He asked Sandusky to find out if this was correct. He said Lane County may be in a position to deny approval because the tradeoff would not be worth it to the public, given the responsibilities to the landfill. He stated that the advisory committee should have this brought before them as soon as possible.

Rust said that last year the executive group was convened and he felt that worked very well. He stated that he thought it would be a shame if Lane County had to abandon solid waste to what was essentially a monopoly. He stated that he supports the recommendations of having the executive committee look at this.

It was decided to convene into Executive Committee to get answers on these issue with a report back to the Board.

There being no further business, this meeting adjourned at 11:44 a.m.

Zoanne Gilstrap, Recording Secretary

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