November 26, 1996
Commissioners' Conference Room - following HACSA

Chair Bobby Green, Sr. presided with Steve Cornacchia, Ellie Dumdi, Jerry Rust and Cindy Weeldreyer (arrived at 9:05 a.m.) present. Sharon Giles, Recording Secretary.


Bill Van Vactor, County Administrator, noted that Item 13.b. is being postponed and that there is a time certain scheduled for Executive Session at 10:00 a.m.


Robert Libby, General Manager of Central Oregon and Pacific Railroad, 333 SE Mosher, Roseburg, explained that he is present asking for help from last week’s storm and is asking the Board to request that the Governor request federal help to overcome the railroad’s large losses. He presented photos and statistics regarding the closure of the railroad from last Tuesday through last night. Libby reported that the railroad serves Eugene to Coos Bay and Eugene to Black Butte. He stated that there has been $.5 million in losses, some from lost revenue and some for repairs due to washouts from the storm. Libby noted that loads were trucked on highways and that it requires three and one-half trucks per railroad carload. He explained that there has also been some job loss.

Weeldreyer arrived at 9:05 a.m.

Libby asked the Board to petition the Governor for assistance. He explained that this is a short line railroad of only 439 miles, employing 109 people. Libby stated that if they don’t get help, he doesn’t know how long the railroad can continue. Cornacchia asked what form of help is being requested. Libby indicated that they are looking for funding for replacing costs expended to mediate storm damage and for cash from the federal government. Rust noted that Libby seems to be asking the Board to transmit a request to the Governor who, in turn, would send a request to the federal government. Van Vactor asked if there was a draft resolution or order for the Board to review. Libby indicated that there was not. Responding to Dumdi, Green noted that, to this point, there have been no FEMA funds made available. Green remarked that he had received a call from Congressman DeFazio requesting the Board’s assistance regarding requesting federal assistance. Cornacchia asked for education regarding the appropriate role of government in these situations since this request seems to be different than normal since FEMA funds are usually loans for repairs, not for lost revenue. Rust observed that it seems to be in the public’s interest to keep the railway operating as it supports a lot of industry. He added that railroads can’t obtain flood insurance and that homeowners do have a choice. Rust asked that research be done to find answers regarding what is appropriate. Dumdi concurred. There was consensus for Libby to meet with Ike Jensen, Lane County’s Emergency Management Coordinator. Cornacchia also indicated that he would like to see federal paperwork that shows what this would qualify for. Responding to Van Vactor, Libby indicated that loans would be acceptable if grants are not available. There was agreement that this issue would be reviewed next week.

Toni Epperson, 48 Collin Court, stated that she lives in Brotherton Subdivision and that her home is one-half in an agricultural zone and one-half in a commercial zone. She indicated that the home was built in the early 1960's. Epperson stated that problems have surfaced due to the commercial zoning. She summarized that she is asking for rezoning, but expressed concern about the costs for the rezoning estimated at $1,000. Epperson expressed concern that something went awry in the zoning process, thus she should not be responsible for the cost of the rezoning. Responding to Van Vactor, Epperson indicated that she has not talked to the Planning Director regarding a fee waiver. Cornacchia remarked that he would need someone to point out to him that there has been an error. Weeldreyer suggested that Land Management be requested to review how the zoning came about to verify the claim/issue and get a report back. Van Vactor noted that this may be a Eugene issue as the property is in the Urban Growth Boundary. Epperson indicated that Eugene staff had recommended that she come to the Board. There was a consensus that staff would evaluate this issue and report back.


Dumdi indicated that she had attended Sister Margaret’s 80th birthday party last week.


Green requested that Lt. Dan Heuvel, Public Safety, provide a report regarding last week’s flood. Heuvel reported that the process for requesting state assistance went well. He noted that the damage assessment does include information from the Central Oregon & Pacific Railroad (see Public Comment above). Heuvel reported that teams from the Assessor’s office traveled around the County and gave preliminary damage estimates of $1.5 million. He added that since then staff has received more than 100 calls for assistance. Heuvel stated that FEMA will bring teams back next week to do a preliminary damage assessment and will spot-check trouble areas and develop their preliminary report; then, based on that report, the Governor can make a recommendation regarding federal assistance. Dumdi thanked staff for their work on this issue. Heuvel provided a phone number, 682-4160, which is staffed 24-hours, to receive requests for help regarding the flood.

a. ORDER 96-11-26-1/In the Matter of Approving an Intergovernmental Agreement with the State Department of Corrections to Transfer Parole and Probation Employees on December 30, 1996.

District Attorney Doug Harcleroad reviewed this item for the Board (see material on file). He explained that this is an Option One transfer with negotiations and with as much protection as possible to satisfy all parties. Responding to Rust, Harcleroad stated his belief that the dollars will continue to flow from the state for this function; otherwise there is no requirement for the County to do this function if the state doesn’t send funding. Teresa Wilson, County Counsel, thanked state staff for their cooperation regarding negotiations and language, stating that she was hopeful that this will meet everyone’s satisfaction.

Jim Kiley, president of the Federal Parole and Probation Officers, indicated that a majority of employees are satisfied with the agreement. Wilson stated that the agreement is contingent on 85% of the employees saying they choose to go with the County and it was clarified that only those who sign will come over to the County. Harcleroad reported that the signing timeline is December 6. Responding to Green, Harcleroad reported that it will be at the County’s discretion to bring over a requesting employee after December 6.

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

VOTE: 5-0.


Van Vactor explained that the intergovernmental agreement was redrafted, noting that Springfield had some concerns. He indicated that one of their issues has to do with the three governments maintaining responsibility/accountability, but having only limited control. Chuck Forster, SWPIC Director, noted that it seems to be an issue of liability. Attorney Bruce Anderson explained that ultimately the state has the authority to charge back to the local governments any remaining residual liability associated with the program. He stressed that Springfield needs to understand that one government can’t just say they choose to be out of the loop because of the state statute. Anderson suggested that the three governments need to get together. Van Vactor stated that staff is trying to procure audit exception insurance. Cornacchia asked what has changed that gives Springfield an argument for change. Teresa Wilson, County, Counsel, remarked that what is changing is that the bridge agreements are broadening what the Private Industry Council can do and that a greater role is being taken on without accountability being laid out in JTPA law. Responding to Cornacchia, Wilson indicated that an agreement could require direct governmental accountability. Anderson stated that Springfield does not really have a desire to participate and simply looked at this window of opportunity to bring up their concern. Responding to Cornacchia, Forster remarked that over 30% of the services provided are for Springfield area residents.

Rust suggested that this issue could be included on the list for the planned "partnering" discussion/meeting with the two large cities. Cornacchia questioned whether these are the Council’s concerns or Leahy’s concerns. He suggested that it may be worthwhile to get the elected officials together as soon as possible and get this taken care of. Weeldreyer remarked that since most of SWPIC’s activities deal with job training, then it seems that a likely agency to administer/monitor the agency would be Lane Community College. Forster indicated that this has been pursued in the past and that Jerry Moskus has not shown interest in such a role. He also noted that LCC is a major contractor and there is the potential for some major conflict of interest. There was a consensus to work on these issues at the staff level and determine a method to hear the positions of the other elected officials.

c. ORAL REPORT BACK/Blood Supply -- Gulf War Syndrome.

Rob Rockstroh, Director of Health and Human Services, presented this item to the Board. He distributed a handout dealing with the issue. Rockstroh stated that research on the Internet proves that this is a massive concern; noting, however, that it is difficult to get accurate information. He indicated that this has been referred to the state, to the local blood bank and also the American Association of Blood Banks. Rockstroh remarked that in May 1995, the President appointed a task force which met as recently as November 13. He indicated that problems are related to chemical clean up, smoke from oil well fires and other factors applicable to the Persian Gulf Conflict. Rockstroh remarked that the symptoms sound like Chronic Fatigue Syndrome. He reported that from a blood bank standpoint, there is no actual test they can do to check out the mycoplasma incognitus. Rockstoh summarized that it is apparent that multiple chemical sensitivity can compromise the immune system and that right now there is no evidence of transmission of mycoplasma.

This meeting adjourned into Executive Session at 10:15 a.m. to reconvene into regular session at 11:20 a.m.

d. DISCUSSION AND DIRECTION/A Recommendation from the McKenzie Watershed Council to Amend the Riparian Protection Regulations of Lane Code 16.253.

Weeldreyer briefly reviewed this item for the Board (see material on file). There was consensus to direct staff to conduct public hearings with the planning commissions to amend the riparian protection provisions of LC 16.253(2)(d).

MOTION: To provide this direction. Weeldreyer MOVED, Rust SECONDED.

VOTE: 5-0.

e. RESOLUTION AND ORDER 96-11-26-2/In the Matter of Endorsing the Creation of a South Lane County Multi-Service Center for Health and Human Services Activities.

Steve Manela, Health and Human Services, reviewed this item for the Board (see material on file). He indicated that the City of Cottage Grove would be the sponsor of any future CDBG applications and that Lane County is being asked for conceptual support only and is not being asked to make a financial commitment to this project. Anne Williams, St. Vincent de Paul, and representatives from various agencies presented information and background on the need for this site. Williams explained that combining these agencies would maximize the effectiveness of everyone’s dollars and improve access to health and human services for South Lane residents. Responding to Green, Williams indicated that the project could move forward without the County’s support, but it would be more difficult to solicit funding from certain funding sources/foundations.

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

VOTE: 5-0. Weeldreyer commended those present for their dedication to this effort.


a. PROCLAMATION AND ORDER 96-11-26-3/In the Matter of Proclaiming December 1, 1996 as World AIDS Day in Lane County.

Rob Rockstroh, Director of Health and Human Services, provided brief comments. Responding to Rust, Rockstroh indicated that he did not have statistics with him regarding how many people are HIV positive in Lane County. Rust stressed that AIDS is a preventable disease.

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

VOTE: 5-0.

6. EXECUTIVE SESSION as per ORS 192.660

Held at 10:15 a.m.


a. Announcements

Van Vactor distributed a memorandum related to SEL (Springfield-Eugene-Lane County) dealing with preparation of information to develop prioritized reduction packages for various shared agencies (see list on the handout). Rust suggested eliminating "likely to be dropped by Lane County" from the language regarding Animal Control. There was consensus to support gaining further information.

Van Vactor indicated that he would like a future discussion regarding the potential consolidation of some support services with other local governments.

b. ORDER 96-11-26-4/In the Matter of Accepting a Local Law Enforcement Block Grant from the U.S. Department of Justice for $29,139, Appropriating $19,130 in County Administration (03) and $10,000 in Health and Human Services (04), Designating the Public Safety Coordinating Council as the Advisory Board, and Delegating Authority to the County Administrator to Execute Grant Documents and Intergovernmental Agreements.

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

VOTE: 5-0.

c. ORDER 96-11-26-5/In the Matter of Approving Donation of Land to the State of Oregon for Highway Right-of-Way and Easement Subject to the State Making Certain Improvements to Old McKenzie Fish Hatchery Public Access and Historic Features.

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

VOTE: 5-0.


a. ORDER 96-11-26-6/In the Matter of Amending the FY 96-97 through FY 00-01 CIP to Increase Vactor Stormwater System Waste Site Amount to $300,000 and Authorizing an Intergovernmental Agreement with the City of Eugene and City of Springfield for Use of Vactor Stormwater System Waste Facility.

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

VOTE: 5-0.

b. ORAL REPORT/Leachate Issues.

Ken Kohl indicated there was nothing new to report other than the item below.

c. ORDER 96-11-26-7/In the Matter of Appointing a Task Force to Evaluate Discharge Criteria for On-Site Leachate Treatment for the Short Mountain Landfill.

MOTION: Approval of the Order, adding the three applicants names and expanding the list of "At Large" membership by one position. Rust MOVED, Weeldreyer SECONDED.

VOTE: 5-0. Van Vactor indicated that perhaps a meeting of several local elected officials could be held next week to discuss issues relating to the intergovernmental agreement. There was consensus to attempt a meeting including Green and Weeldreyer on behalf of Lane County.


A. Approval of Minutes:
September 10, 1996, Joint BCC/Fair Board, 12:00 noon
October 16, 1996, Joint BCC/LCPC/WLPC, 5:30 p.m.
November 12, 1996, Work Session, 9:00 a.m.
November 13, 1996, Regular Meeting, 9:00 a.m.
November 13, 1996, Regular Meeting, 1:30 p.m.

B. County Administration

1) ORDER 96-11-26-8/In the Matter of Amending the Classification and Salary Range for Management Analyst and Amending the Salary Range for Senior Management Analyst.

C. Health and Human Services

1) ORDER 96-11-26-9/In the Matter of Increasing Appropriations in Revenues and Expenditures in the Amount of $540,541 for the Residential Medicaid (RES-MED) Program Provided in PAAF #51, and Delegating Authority to the County Administrator to Sign Contracts.

D. Public Works

1) ORDER 96-11-26-10/In the Matter of Awarding a Contract to Interstate Mfg. Inc. in the Amount of $38,700 for the Purchase of One (1), New Solid Waste Transport Trailer, Contract FY96/97 FS-03.

2) ORDER 96-11-26-11/In the Matter of Approving Work Order No. 19 with EMCON for On-Site Leachate Treatment Alternatives Evaluation and Authorizing the County Administrator to Execute the Work Order.

MOTION: Approval of the Consent Calendar. Dumdi MOVED, Cornacchia SECONDED.

VOTE: 5-0.


Not done today.



There being no further business, this meeting adjourned at noon.

Sharon Giles, Recording Secretary

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