October 2, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.

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

One item of Emergency Business was identified. It was noted that discussions regarding the intergovernmental agreement with the City of Eugene with regard to the leachate line would probably be discussed this morning.

2. PUBLIC COMMENTS

Kathy Ging, 2878 Harris, recommended that the Commissioners vote not to proceed today with plans to pipe leachate from the dump to the sewage plant eight miles away. She expressed concern that the Board would make a decision before the Bio-Solids Committee meets. Ging explained that the Bio-Solids Committee will make a recommendation to the Board. She commented that the public does not want the pipeline as shown by public sentiment against the pipeline at a recent public hearing. Ging briefly reviewed several alternative technologies that may be available to deal with the leachate.

3. COMMISSIONERS' ANNOUNCEMENTS

Dumdi distributed material regarding statewide vacancies on various boards and commissions (see material on file).

Rust stated that he had received a call from ODOT indicating that the contract between ODOT and Lane County has not been received regarding covered bridges. Bill Van Vactor, County Administrator, indicated that he would follow up with Ollie Snowden.

Weeldreyer spoke about consensus in the Lowell area for a rest area option at the bridge on Highway 58 at Lowell, stating that they are putting together a letter regarding their proposal.

Green distributed his proposed resolution for this afternoon regarding Ballot Measure 47.

4. COMMISSIONERS’ BUSINESS

a. ORDER 96-10-2-1/In the Matter of Filling a Vacancy on the Rural Community Improvement Council.

Stephanie Schulz, Rural Community Development Coordinator, briefly reviewed this item for the Board. Weeldreyer indicated her support of Ottosen.

MOTION: Approval of the Order appointing Geraldine Ottosen to the Rural Community Improvement Council. Weeldreyer MOVED, Dumdi SECONDED.

VOTE: 5-0.

5. EXECUTIVE SESSION as per ORS 192.660

None.

6. COUNTY ADMINISTRATION

a. Announcements

Bill Van Vactor, County Administrator, indicated that he would be attending an administrators’ conference next week and that David Suchart would be acting county administrator.

b. DISCUSSION/Projected Impact of Ballot Measure 47 on Lane County.

David Garnick, Senior Management Analyst, reviewed this agenda item for the Board (see material on file).

Cornacchia indicated that it would be useful to have figures on the different possibilities/scenarios/ranges for the actual financial impact on Lane County. Rust remarked that there are so many measures on the ballot, recommending that good citizenship requires voters to vote "no" if they cannot/do not understand exactly what the measure means. Cornacchia requested that the Assessor get an opinion/response from Department of Revenue before the election regarding the additional costs to implement the measure. Dumdi thanked staff for providing the information. Weeldreyer stated that she has written an Op Ed column for newspapers in her district regarding protecting local control. Responding to Green, Teresa Wilson, County Counsel, indicated that the Board could take a position on a ballot measure, but no staff time could be used to prepare any resolutions/documents. Green stated that he has prepared a draft of a Resolution that he would distribute and ask the Board to review and perhaps approve this afternoon. Weeldreyer cautioned voters to take the time to understand each measure before voting on it. Dumdi clarified that staff had only prepared informational material for today’s agenda. Doug Harcleroad, District Attorney, stated that he would be voting against BM 47 because it restricts the ability of voters to fund items that they desire to have.

7. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1093/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Marginal Land" to "Rural" and Rezoning that Land from "ML/Marginal Land" to "RR-5/Rural Residential 5", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 3960-95; Hammitt). (Second Reading and Public Hearing: October 16, 1996, 1:30 p.m., Harris Hall Main Floor)

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for October 16, 1996 at 1:30 p.m. Dumdi MOVED, Cornacchia SECONDED.

VOTE: 5-0.

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1090/In the Matter of Amending the West Eugene Wetlands Special Area Study, A Refinement Plan to the Eugene-Springfield Metropolitan Area General Plan, and Adopting a Severability Clause. (Second Reading & Public Hearing: October 21, 1996, 6:30 p.m., Eugene Council Chambers)

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for October 21, 1996 at 6:30 p.m. Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

Cornacchia apologized for his lack of awareness as this item was being considered and indicated that he would like to reconsider his vote and would be voting "no" as he was concerned about the process, particularly that the planning commission has not had the advantage of reviewing all of the additional information that was submitted from citizens. He referred to a document from Stoel Rives dated August 26 and questioned why staff has not had adequate time to review it. Cornacchia expressed his desire that the planning commission be allowed to review all of the information that has been provided before the Board considers this material. He encouraged the Board to reconsider their vote. Dumdi concurred. Roy Burns stated that the planning commission was informed that additional information was received, but since the record was closed, that the Board would consider this material. Neil Bjorklund indicated that public notice for the October 21 hearing has already gone out, but that a mailing could go out to change that date. He noted that another option was to hold the hearing, see what information came forward at the hearing and then decide whether to refer the item back to the planning commission. Weeldreyer indicated her support for reconsideration.

MOTION: To reconsider the scheduling of a public hearing on October 21. Dumdi MOVED, Cornacchia SECONDED.

VOTE: 3-2, Green and Rust dissenting. Cornacchia, Dumdi and Weeldreyer each then indicated that their vote on the original Motion was changed to a negative vote. As part of the discussion, the Chair indicated that the matter would be referred to the planning commission. Burns agreed that he would take responsibility for notifying the public that the County would not be participating in the October 21 public hearing, if it were held.

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1091/In the Matter of Naming a Private Road Possum-Flats (Second Reading & Public Hearing: October 30, 1996, 1:30 p.m., Harris Hall Main Floor).

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for October 30, 1996 at 1:30 p.m. Cornacchia MOVED, Weeldreyer SECONDED. VOTE: 4-1, Rust dissenting.

8. CONSENT CALENDAR

A. Approval of Minutes

B. Health and Human Services

1) RESOLUTION AND ORDER 96-10-2-2/In the Matter of Increasing Appropriations in Revenues and Expenditures in the Amount of $9,250 for the Oregon Together Projects Provided in PAAF #42.

2) ORDER 96-10-2-3/In the Matter of Appropriating $43,951 in Revenues and Expenditures in Fund 86 in the Department of Health and Human Services; Granting Authority to the County Administrator to Sign Revision #2 to the Intergovernmental Agreement With the Oregon Health Division.

C. Human Resources and Management Services

1) ORDER 96-10-2-4/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to: A) Michael O. & Kathleen M. Wilson (Map #18-05-06-10-01605, Adjacent to 87751 Erdman Way, Veneta); B) Maureen and Lee Stimson (Map #20-03-27-33-02510, Located on Bangle Court, Cottage Grove).

D. Public Works

1) ORDER 96-10-2-5/In the Matter of Awarding a Contract to Cascade Container-Fab Co. for Purchase of Six (6) 45 Cubic Yard Drop Boxes and Authorizing the County Administrator to Execute the Contract (Contract No. WM 96/97-6).

2) ORDER 96-10-2-6/In the Matter of Delegating Authority to the County Administrator to Sign a Ten (10) Year Extension of an Existing License Agreement with Willamalane Park and Recreation District.

3) ORDER 96-10-2-7/In the Matter of Authorizing an Intergovernmental Agreement with the City of Eugene for Reimbursement of Sanitary Sewer-Related Road Repair and Reconstruction Costs on County Roads and Local Access Roads in the Santa Clara Area for FY 96-97.

4) ORDER 96-10-2-8/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 799 (Brock Road) (20-35-34).

5) ORDER 96-10-2-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 856 (Heceta Beach Road) (18-12-04).

Item 8.C.1. was pulled from the Consent Calendar for action below.

MOTION: Approval of the balance of the Consent Calendar. Dumdi MOVED, Weeldreyer SECONDED. VOTE: 5-0.

8. C. 1. ORDER 96-10-2-4/In the Matter of Authorizing the Sale of Surplus County-Owned Property to Michael O. & Kathleen M. Wilson (Map #18-05-06-10-01605, Adjacent to 87751 Erdman Way, Veneta).

Following receipt of Jeff Turk’s memorandum, it was noted that only the sale to the Wilsons was being dealt with at this time. Responding to Weeldreyer, Van Vactor explained the process for dealing with additional offers that come in.

MOTION: Approval of the revised Order approving the sale to the Wilsons. Rust MOVED, Dumdi SECONDED.

VOTE: 5-0.

9. HEALTH AND HUMAN SERVICES

a. RESOLUTION AND ORDER 96-10-2-10/In the Matter of Granting Authority to the County Administrator to Sign a Nine Month Contract Extension With Sacred Heart Hospital in the Amount of $1,328,845 for the Operation of Lane County Psychiatric Hospital.

Linda Morrison, Health and Human Services, briefly reviewed this item for the Board. Responding to Green, Morrison indicated that specific decisions have not been made regarding location of a merged facility, if a merger is decided upon. Dumdi remarked that it is likely that the facility would be at Sacred Heart.

MOTION: Approval of the Order. Weeldreyer MOVED, Dumdi SECONDED. Responding to Cornacchia, Van Vactor expressed his support for the contract extension.

VOTE: 5-0.

10. REVIEW ASSIGNMENTS

Ordinance PA 1090 - First Reading not approved; matter referred to planning commission.

11. EMERGENCY BUSINESS

ORDER 96-10-2-16/In the Matter of Recommending an Appointment to Fill a Vacancy for the Central Lane Justice Court.

Teresa Wilson, County Counsel, briefly reviewed her agenda memorandum for the Board (see material on file).

MOTION: Approval of the Order appointing Lisa Crawford to fill the vacancy created by the resignation of Judge Simons. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

DISCUSSION/Intergovernmental Agreement With the City of Eugene Regarding Leachate Line. (Related to Items 14.b. and 14.c. on this afternoon’s agenda).

Ken Kohl reviewed the changes to the agreement suggested by the City of Eugene as highlighted in his handout (see material on file). Cornacchia noted that Eugene had chosen all "Option A’s," instead of "Option B’s" where there were two options. Kohl discussed the changes:

1) Number 5 - Eugene inserted a period after "permitted," deleting the balance of the paragraph. Cornacchia explained that he was comfortable with this change as it is an expression of the County’s good intentions, noting that this does not change the substantive rights of property owners. Weeldreyer expressed concern regarding Lane Community College as the DEQ has issued the LCC an order to deal with effluent from their lagoons. She indicated that if an option evolves to connect LCC to the pipeline, she wants the understanding that LCC may come forward requesting a Metro Plan amendment and the IGA would have to be amended to allow that. Rust offered support for the City’s change, stating that he is comfortable "slamming the door" on other connections to the pipeline. Stephen Vorhes, Assistant County Counsel, confirmed that the opportunity is still open for any party to apply for an amendment to the Metro Plan. Weeldreyer remarked that she was looking at this from the point of view of the best interest of the public investment in both the County and LCC. Cornacchia explained that the City wants to create a higher burden for an applicant to overcome.

2) Addition to Item Number 11, adding subparagraph "h" which states "any pollutant that may degrade the piping, pumps or any part of the system prior to its entry into the UGB. Rust remarked that the pipeline is getting much more scrutiny for its of one percent than Hyundai is getting for its potential 15 percent. Cornacchia referred to the information from Paul Engelking which indicates that heavy metals and organic solvents in the leachate are less than the standard permit limits given local industries. In jest, Rust commented that "it is like using a sledgehammer on an ant versus a fly swatter for an elephant." Cornacchia requested that Kohl clarify information related to a "trickle filter" as referred to by Engelking. The Board expressed concurrence with Item 11.h. as amended by the City of Eugene. With regard to the language referring to "any" pollutant, Weeldreyer asked about a pollutant that Lane County has no control over. Rust observed that the County is a partner in MWMC.

Kohl confirmed that Eugene had chosen Option A whenever that alternative appeared. Green indicated that he had gone through each and chosen Option B. Cornacchia observed that it’s Lane County’s responsibility and he is willing to go along with Eugene in most areas. With regard to Paragraph 4, Option A, Cornacchia indicated he was even comfortable with the statement that the County be responsible for Eugene’s cost associated with reviewing the plans and inspecting the construction (last sentence). Teresa Wilson, County Counsel, noted that the language offers no limitation on cost, suggesting adding the language "reasonable" to costs. There was consensus to follow that advice. Referring to Paragraph 14, Cornacchia stated that Lane County has responsibility to operate the facility and Option B provides for a partnership approach to determining what is reasonable and cost effective. Kohl indicated that Eugene’s concern was that the County would have "veto" power. Craig Starr suggested a "dispute resolution" clause. There was concurrence to move forward with Option B, with dispute resolution language.

Stephen Vorhes, Assistant County Counsel, indicated he would talk to Eugene’s counsel and discuss the process to take this back before the Eugene City Council. Vorhes cautioned that the Board is taking on a large burden in assuming Eugene’s costs. Weeldreyer suggested that the modifications also be run by the Springfield City Council. Weeldreyer distributed information to the Board regarding development of leachate disposal processes (see material on file).

There being no further business, this meeting adjourned at 11:00 a.m.

 

Sharon Giles, Recording Secretary

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