November 6, 1996
BOARD OF COMMISSIONERS' WORK SESSION
Harris Hall Main Floor - following Board of Health

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

1. ADJUSTMENTS TO THE AGENDA

2. PUBLIC COMMENTS

Brian Michaels, 259 East 5th Avenue, attorney for Emory Rodgers, expressed concern about Bill Van Vactor’s recent regulation regarding camping on the free speech area. He noted that Rodgers has been on the site for over 40 days. Michaels stated that First Amendment rights require that the government attempt to maintain free speech rights. He indicated that to contain Rodgers’ size was appropriate to allow access to accommodate the functions of the building. Michaels asked, however, what governmental interest there is between 11:00 p.m. and 7:00 a.m. He observed that the main function of Rodgers’ First Amendment expression is to maintain a credible fast, noting that his presence in the public eye is required. Michaels stressed that taking away his right to stay there has decreased his First Amendment activity. Responding to Cornacchia, Michaels indicated that Rodgers is pursing a liquid fast, not a water fast. Green remarked that saying "something should be worked out" implies that there was some sort of contract with an offer and acceptance. Michaels emphasized that Rodgers has been there over 40 days and would like to continue doing that, asking whether it will be necessary to go to court to get a decision on this matter. Weeldreyer expressed concern that Rodgers’ domination of the free speech terrace infringes on the rights of other users. She explained that the space was never intended for camping and this issue falls under Eugene’s camping ordinance. Weeldreyer questioned why this activity needs to be on the Courthouse steps to maintain credibility. Responding to Cornacchia, Michaels stated that although there is no public use of the building at night, credibility is maintained by the fact that people never see Rodgers leave. Michaels stressed that Rodgers is not in violation of the camping ordinance until the County says he is. Green noted that the County has received numerous calls of concern from the public. Responding to Rust, Rodgers explained that the reason he moved across the courtyard was due to the flow of traffic and that he needed the structure to preserve information on the tables. Rust indicated that he would like to accommodate free speech, but Rodgers had overstepped his bounds. Dumdi agreed, remarking that unauthorized plugging into electricity had caused a flood of concerns from the public. She noted that the usual accommodation on the Free Speech Plaza was about 10-20 minutes per event.

Van Vactor clarified that he has informed Rodgers that if he takes the structure down by 11:00 p.m. each evening (per the Administrative Procedures Manual), then he will be in compliance, but that the City of Eugene’s camping ordinance will be enforced after that. Michaels observed that comments he has heard here have to do with Rodgers overstepping his bounds. He asked what restrictions would accommodate public interest, i.e., no television, no pier blocks, but allowing Rodgers to camp. Rodgers stated that he would move back to the former area, not have television or a 40-foot structure, but instead would use a table and sandwich boards with a tarp overhead. Van Vactor noted that the APM rule is clear and that a tent is not permissible, with Green stating that it doesn’t appear the Board is now willing to negotiate beyond APM rules. Dumdi observed that the Free Speech Forum is 33 feet by 39 feet, stating that room needs to be left for other people. Weeldreyer emphasized that this isn’t a County issue, that the County has accommodated Rodgers for over a month and that there are other avenues to Rodgers can explore to get his message to more people.

3. COMMISSIONERS' ANNOUNCEMENTS

Dumdi remarked that the Forest Service in Oakridge has expressed appreciation for the flowers.

Cornacchia discussed the prison siting issue, stating that there is a hearing scheduled on the 16th in evening, with 15 minutes allotted to general government. He observed the recommendation that the negotiating team present a unified front and use the entire time to go through all of the conditions, including those related to Blachly Lane, Junction City, EWEB, MWMC, etc. Cornacchia indicated that he would be speaking at the City Club on Friday regarding prisons.

Green referred to a November 1 letter from the Governor’s office regarding juvenile crime prevention, noting that feedback is requested by November 13. He expressed concern that one proposal is to remove existing monies from some existing projects and use the funding to fund secondary prevention strategies regarding juvenile crime prevention. After a brief discussion regarding the mandates of SB1145, there was a consensus to contact Paul Snyder at AOC and ask for clarification of the request.

Rust stated that he has a call into commissioner-elect Sorenson with an offer of transitional help.

4. EXECUTIVE SESSION as per ORS 192.660

Held after this session.

5. COUNTY ADMINISTRATION

a. Announcements

With regard to the National Pollutant Discharge Elimination System (NPDES) permit, Ken Kohl, Waste Management, indicated that staff is considering three potential discharge points: the wetlands’ on-site, Camas Swale Creek or the Coast Fork of the Willamette. He stated that staff would be doing an engineering analysis as each one would have different discharge criteria. Kohl reported that staff would seek input from the Task Force.

Van Vactor complimented Elections staff for their dedicated efforts during the recent election.

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

David Suchart, Director, Human Resources and Management Services, distributed a handout of the Summary Progress Report for October 1996 (see material on file). He reviewed the project summary, current issues, information on what will be happening in the next 30 days and the budget summary. With regard to Green’s question dealing with materials and services, Tanya Heaton, Management Analyst, indicated that the largest amount of actual costs were associated with bond issuance. Responding to Weeldreyer, Van Vactor stated that the Implementation Task Force has not been involved in the current day-to-day design decisions, but they are being kept abreast on a monthly basis. There was a brief discussion on the pros and cons of involving that group to a larger degree, with Weeldreyer speaking on behalf of citizen involvement. Cornacchia expressed desire to keep things as they are. Green commented that a place for their involvement could be at community presentations where they could discuss their role in the process.

6. CONSENT CALENDAR

A. Approval of Minutes: None.

B. Assessment and Taxation

1) ORDER 96-11-6-1/In the Matter of a Refund to John and Leslie F. Polansky and David E. Carmichael, Attorney.

C. Children and Family Services

1) ORDER 96-11-6-2/In the Matter of Correcting the Attachment to Board Order 96-9-18-14: In the Matter of Reducing a Portion of the Existing Healthy Start Program, Recalling a Portion of Former Healthy Start Staff, Establishment of a 1.0 FTE Public Health Nurse Supervisor and a .5 FTE Public Health Nurse and Revising the Contract for Services to Teens.

D. Health and Human Services

1) RESOLUTION AND ORDER 96-11-6-3/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment With a Personal Services Contractor in the Amount of $20,800 in the Department of Health and Human Services.

E. Human Resources and Management Services

1) ORDER 96-11-6-4/In the Matter of Authorizing the County Administrator to Execute an Intergovernmental Agreement With the City of Westfir to Provide the City Access to County Owned Real Property Commonly Known as the Former Hines Lumber Mill (Map #21-35-07-40-00131).

2) ORDER 96-11-6-5/In the Matter of Authorizing the Property Management Officer to Set a Closing Date for the Receipt of Sealed Offers for Surplus County Owned Real Property (Map #20-03-27-3302510, Located on Bangle Court, Cottage Grove).

F. Public Works

1) ORDER 96-11-6-6/In the Matter of Entering into an Intergovernmental Agreement with the City of Springfield and Springfield School District #19 for the Jasper Road Improvement Project from 32nd Street to 42nd Street.

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

VOTE: 5-0.

7. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 6-96/In the Matter of Authorizing the Transfer of County Owned Real Property Identified as Assessor’s Map No. 21-35-16-24-01800 to St. Vincent de Paul Society of Eugene, Inc. for the Purpose of Providing Low Income Housing (76472 Pine Street, Oakridge).

Green read this ordinance into the record.

MOTION: Approval of the First Reading and setting Second Reading and Public Hearing for November 26, 1996 at 1:30 p.m.. Rust MOVED, Dumdi SECONDED. It was noted that this is not a planning action (PA).

VOTE: 5-0.

8. OTHER BUSINESS

a. NINTH 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.

and

b. NINTH 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.

Green read Ordinance PA 1083 and Ordinance PA 1084 into the record.

Michael Copely, Associate Planner, reviewed the agenda memorandum of October 31, noting that the Intergovernmental Agreement has not yet been approved by the three jurisdictions. With regard to the admission of the new information regarding alternative leachate disposal systems and related correspondence, Copely reported that if the Board chooses to include the new information, staff would need to notify about 700 persons and allow the opportunity for written comment. He indicated that the Ordinance Findings would also need to be revised. Copely stated that staff recommends excluding items received after June 28. Rust remarked that it feels more honest to say materials received up to now are legitimate, especially since they do have a bearing on his vote. Cornacchia noted that it seems somewhat inconsistent to continue to search for alternatives, but also the County will have a decision on alternatives before these Ordinances are passed. Cornacchia asked for discussion about a "dual track" process. He indicated that Lane County has the intellectual resource to put these Ordinances in that form without a substantial change. Cornacchia suggested alternate Findings to allow a dual track process without delaying a pipeline decision, observing that there has been no acceptable alternative up to this point. Stephen Vorhes, Assistant County Counsel, remarked that he thinks the procedural risk can be covered. Copely discussed the timing, advising leaving open the record to a few weeks before adoption . Responding to Van Vactor, it was agreed that Green and Cornacchia would work with Springfield on the intergovernmental agreement and Green and Rust would work with Eugene.

MOTION: To leave the record open until two weeks before adoption and then provide notification and a ten-day response period, and also Approval of the Ninth Readings for PA 1083 and PA 1084 and Setting Tenth Readings and Deliberation for December 11, 1996 at 1:30 p.m. Rust MOVED, Weeldreyer SECONDED.

VOTE: 5-0. It was asked that this new information be provided to the Eugene City Council.

c. RESOLUTION AND ORDER 96-8-7-1/In the Matter of Acquiring Fee or Other Interests in Portions of Certain Real Properties for the Short Mountain Leachate Force Main Project.

There was a consensus that this item would be postponed to an undetermined date to coincide with a decision on Ordinances PA 1083 and PA 1084.

9. REVIEW ASSIGNMENTS

Not done today.

10. EMERGENCY BUSINESS

None.

There being no further business, this meeting recessed into Executive Session at 3:30 p.m.

Sharon Giles, Recording Secretary

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