September 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.

A portion of the morning agenda, from Item 8.a. through Item 13, was carried over to this afternoon agenda. These items, along with the afternoon agenda items, were heard out of order, but are presented in these Minutes in the order they were listed on the agenda.

8. PUBLIC WORKS

a. REPORT BACK/Road Fund 1988 Operational Audit.

Ollie Snowden, County Engineer, briefly reviewed his agenda memorandum (see material on file). Cornacchia received clarification that zones and their configuration will be addressed in the upcoming audit. Snowden indicated that the new audit is not as far along as he would like it to be. He asked if the Board would prefer a performance audit done by an auditor in accordance with the "yellow book" or by a consultant. Snowden offered that the advantage of an audit would be that it would be more objective and structured. He indicated that the downside is that it would be 10 to 15% more expensive, possibly close to $100,000. Snowden reminded the Board that there are three parts to the audit: the zone structure, the maintenance management system and a potential consolidation/configuration with ODOT. He stated that staff recommends going with an auditor as there are issues of statewide significance and an unbiased, objective assessment is necessary. Rust questioned whether there is the potential for over $100,000 in efficiencies to be obtained, i.e. a cost/benefit analysis. Snowden responded that it won’t be in the maintenance management portion, but that there may be some savings with zone reorganization. He continued that the biggest potential savings would be with an ODOT-Lane County collaboration.

Snowden indicated that a second issue has to do with narrowing the scope of work. He suggested that the majority of the study work go into the ODOT/Lane County consolidation, then the zone review, followed by maintenance management. Snowden reported that the third issue is what the final product will look like, noting that findings and development sheets would be less expensive. There was consensus to do findings and development sheets for the zones analysis and maintenance management, and a full report for the ODOT/Lane County consolidation.

Snowden indicated that he would proceed with the auditor and the method of prioritization as discussed unless redirected. He remarked that the RFP award would probably occur in early December, with completion to occur in early 1997. Cornacchia stressed that he is still interested in the performance audit as he is not confident in the efficiency of the scheduling that occurs in road maintenance and that the County is "getting the best bang for the buck" with the current zone alignment. He observed that if the audit would suggest a change of even one management position, that would pay for that portion of the audit.

b. ORDER 96-9-18-6/In the Matter of Awarding a Contract to Strider Construction Co., Inc. for Hauling Leachate from the Short Mountain Landfill and Authorizing the County Administrator to Execute the Contract (Contract No. WM 96/97-3).

Ken Kohl reviewed this item for the Board (see material on file).

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

VOTE: 5-0.

Kohl reported that the Eugene City Council work session regarding the intergovernmental agreement has been pulled from next week’s agenda. Bill Van Vactor, County Administrator, stated that Les Lyle indicated that there did not seem to be a clear message from the Board regarding whether the County is still pursuing the leachate line. Cornacchia indicated that even though he is less enamored with the pipeline, that doesn’t mean he’s changed his mind about the pipeline being the best method to go forward with, given the short time line. He continued that the reality is that there does not seem to be cost-effective on-site treatment available. Cornacchia stated that, in the event there are delays in the implementation of the pipeline, such as land use appeals, etc., then during that interim period direction could be given to work on further investigation of on-site treatment. He summarized that he is supportive of the ordinances put forward presently. Weeldreyer explained that her preference is to continue to explore on-site treatment methods in a parallel process with the pipeline. She noted that a different aeration method may improve on the present method. Weeldreyer commented, however, that she is currently committed to the pipeline project. Stephen Vorhes, Assistant County Counsel, reported that there is disagreement on several intergovernmental agreement issues, including design review and who pays for it, indemnification, the implementation of leachate reduction measures, and termination and suspension if money is not appropriated. He indicated that he will present the document with "Option A" and "Option B," (county position and city position) and will circulate that revised draft next week.

Kohl reported that based on the bid for trucking, the cost for the pipeline is lowered substantially. Rust suggested that this means the County could truck for a year while developing an on-site alternative. Cornacchia agreed, remarking that if it can be shown that the cost is comparative, he would much rather clean it up on site. He noted again, however, his commitment to the pipeline until something else shows up to be better.

9. CONSENT CALENDAR

A. Approval of Minutes:
July 2, 1996, Regular Meeting, 1:30 p.m.
July 2, 1996, Joint BCC/Roads Advisory, 3:00 p.m.
July 31, 1996, Regular Meeting, following HACSA
July 31, 1996, Regular Meeting, 1:30 p.m.

B. Health and Human Services

1) RESOLUTION AND ORDER 96-9-18-7/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment in the Department of Health and Human Services with Oregon Social Learning Center in the Amount of $80,375.

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

VOTE: 5-0.

10. HEALTH AND HUMAN SERVICES

a. RESOLUTION AND ORDER 96-9-18-8/In the Matter of Adopting Medical Staff Bylaws/Rules and Regulations for Lane County Psychiatric Hospital Attached as Exhibit A.

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

VOTE: 5-0.

b. RESOLUTION AND ORDER 96-9-18-9/In the Matter of Expanding the Methadone Program and Establishing a 1.0 FTE Mental Health Specialist in the Department of Health and Human Services with Appropriations to be Approved Through Supplemental #1 of the Budget Process for FY 96/97.

Linda Eaton presented this item on behalf of Rob Rockstroh.

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

VOTE: 4-1, Cornacchia dissenting.

11. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 96-9-18-10/In the Matter of Appointing Three (3) Members to the Human Rights and Affirmative Action Advisory Committee.

MOTION: Approval of the Order appointing Linda Morrison, Sheri Steiner and Linda Wagner to the Human Rights and Affirmative Action Advisory Committee. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 5-0.

12. REVIEW ASSIGNMENTS

1) Contact the Sheriff’s Office requesting an "especially clever" response to speeding on Quaglia Lane.

2) Finance and Audit to discuss the lapse policy and report back.

3) Acknowledgment of Board’s continued interest in creating an on-site facility for leachate.

4) Clarification of Board direction regarding Healthy Start issue - Board approval of Option 2 and working on "plus" considerations with report back during the first week in November. With that clarification, the Board approved the following Order:

ORDER 96-9-18-14/In the Matter of Reducing a Portion of the Existing Healthy Start Program, Recalling a Portion of the Former Healthy Start Staff, Recruiting a 1.0 FTE Public Health Nurse Supervisor and a .5 FTE Public Health Nurse and Revising the Contract for Services to Teens.

MOTION: Approval of the Order with configuration as highlighted on attachment. Cornacchia MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

13. EMERGENCY BUSINESS

ORDER 96-9-18-12/In the Matter of Accepting a Telecommunications and Information Infrastructure Assistance Program Grant for $75,522, Appropriating Funds in the Department of County Administration and Delegating Authority to the County Administrator to Execute Grant Documents.

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

VOTE: 5-0.

ORDER 96-9-18-13/In the Matter of Establishing a 1.0 FTE Program Services Coordinator Position in the Department of Children and Families.

MOTION: Approval of the Order. Rust MOVED, Dumdi SECONDED. Cornacchia asked whether this position is consistent with the model of the future administrative restructure previously presented. Teresa Wilson, County Counsel, indicated that this is not inconsistent with that direction, but is partial/incomplete. She noted that the position will be posted as there is no one currently on the recall list. Weeldreyer expressed concern that there was not enough information provided to be able to make a good judgment, asking whether there was a way that some of this money can be used to contract with an existing department to do contract management. Van Vactor indicated that this position would work well in Lane County government regardless of which departmental direction is followed. Responding to Cornacchia, Van Vactor stated that further analysis of whether or not this will be a department will take place, probably in November. Weeldreyer expressed reservations about hiring someone if part of the future discussion may be the possibility of this service not being with the county at all. Cornacchia expressed concern about paying a department head salary to manage two or three people.

VOTE: 5-0.

Van Vactor asked the Board to provide names for citizens to participate on the Elected Official Compensation Board.

14. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer discussed the McKenzie Watershed Council and asked for Board consideration of a request for Lane County to 1) "shepherd" contracts, 2) cut four checks; and 3) usage of space regarding a U of O student "in kind" match for the "RARE" program where a student is contracted for ten months to do education programs and oversee a citizen water quality monitoring program. She indicated that Stephanie Schulz was willing to assume responsibility. After a brief discussion, there was consensus that space usage was approved, but LCOG could provide the other services until their contract ends; then a new provider if one is hired. It was determined that this could be revisited if that can’t happen.

Green referenced the Board’s annual meetings with small city visits and after a brief discussion, there was consensus to explore for this year creating one or two evening forums in Eugene for the small cities, while still scheduling jail visits and perhaps individual meetings with Florence and other larger cities that may so desire. There was also agreement to put this issue of jail visits on the Legislative Committee agenda.

Dumdi stated that she had a tour of the progress of the new Justice Center in Florence last Friday. She indicated that a ribbon cutting ceremony is scheduled for March.

15. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 96-9-18-11/In the Matter of the Surrender of a Portion of Jasper Road, County Road Number 49, to the City of Springfield.

Bob Ezell, County Surveyor, reviewed this item for the Board (see material on file). He indicated that he has received several phone calls from people interested in this issue asking for information.

Green opened the Public Hearing.

Thomas Gates, 3914 Kenyon, Springfield, expressed concern about the timing during the day and location of this hearing. He asked for assurances regarding the potential for "foot-in-the-door" annexation process.

Green closed the Public Hearing.

Cornacchia noted that concerns regarding annexation are understandable, but he indicated that this action is the result of a Lane County request following the Springfield School District’s request for upgrading of the roads leading to the schools. He stressed that this action was for road purposes only, not for annexation. Cornacchia assured people that the Board will not be supportive of any annexation that does not have property owner consent.

Ruth Cooper, 3950 Jasper Road, asked to speak and expressed concern that the traffic on Jasper Road is already too heavy. Responding to Cooper, Cornacchia indicated that a three-lane road is not what is anticipated.

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

VOTE: 5-0.

b. CONTINUED PUBLIC HEARING AND FINAL ORDER 96-8-21-10/In the Matter of the Vacation of a Pathway Easement in Bain Subdivision as Platted and Recorded in Book 16, Page 29, Lane County, Oregon Plat Records (17-04-13).

Tom Dreschler reviewed this item for the Board (see material on file).

Green opened the Public Hearing.

Archie Brown, 184 East Hatton Avenue, stated that he has seen less than six people use the pathway easement since the last meeting. He expressed concerns about safety for the residents along the path.

Les Necker, 173 East Hatton, indicated that he does not see very many people using the path for other than trash/grass clipping dumping. He expressed support for this vacation.

Green closed the Public Hearing.

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

VOTE: 5-0.

c. CONTINUED PUBLIC HEARING AND ORDER 96-7-24-29/In the Matter of Adopting Additional Supplemental Findings Supporting Ordinance No. PA 951 on Remand from the Oregon Land Use Board of Appeals (File PA 3399-87; Overholser/Mathews).

Stephen Vorhes, Assistant County Counsel, remarked that this matter is not a public hearing, but actually continued deliberation.

Kent Howe, Acting Planning Director, reviewed this matter for the Board (see material on file), highlighting the nine issues that have been identified and briefly discussing those for which staff is recommending additional findings . He indicated that the record is now closed and the hearing is closed. Responding to Cornacchia, Howe stated that staff is recommending "paired findings" on several items in order to bolster the record. Weeldreyer referred to Attachment 3, paragraph 3, noting that it is not specifically stated where in the quarry the rock samples were taken. Howe remarked that staff accepted the information as valid as it comes from a qualified expert/professional. Weeldreyer indicated that she would have liked some elaboration on the rock type and where it was found, questioning whether the quality of rock there is significant enough to continue forward with this process to create another quarry site in the south Lane County area. Howe observed that professional expert testimony had stated that "because of the unique rock characteristics of the quarry rock, it is easily identified and mapped without core samples." He stated that if this were challenged with credible evidence, then it would need to be addressed. Responding to Weeldreyer, Howe stated that he does not recall any specific examples in the record from any other experts to show that this methodology is incorrect.

Rust questioned where the Esee analysis demonstrates that the value of the quarry outweighs the loss of the habitat. Howe directed Rust to Page 68 of Exhibit A, Finding H, as the basis for this finding. Rust took exception to this determination. Weeldreyer referred to Page 63, Paragraph 37, and the statement "The proposed use may have a limited social impact on dwellings located within the impact area." She took issue with the use of the term "limited," stating that this is incorrect as the impact will be significant. Rust agreed. Weeldreyer commented that given the premise in the Oregon land use system that values resource land higher (outside of urban areas) than social developed areas, there is not much room to argue that this project should not move forward. Weeldreyer expressed confidence that the site review process will mitigate some of the negative impacts. Weeldreyer again maintained that the change in zoning of the quarry for commercial purposes is going to have a significant social impact and is going to change Quaglia Lane forever. Rust remarked that the Board of Commissioners has the discretion to make a judgment on whether resource lands should be given higher value than social or residential. He indicated that he would vote for a motion that inserted "significant" instead of "limited." Responding to Cornacchia, Vorhes stated that he was not prepared at this point to say that that language change would not have any effect. MOTION: To change "limited" to "significant." Weeldreyer MOVED, Rust SECONDED. Cornacchia indicated that he was uncomfortable with changing findings already approved. Dumdi concurred. Rust stressed that he is seeking truth and justice and that the truth is that there is going to be a significant impact if you live there.

VOTE: 2-3, Cornacchia, Dumdi and Green dissenting.

MOTION: Approval of the Order with additional supplemental findings supporting Ordinance No. PA 951 as Exhibit A, including dual recommendations in those noted with alternatives. Cornacchia MOVED, Green SECONDED. Cornacchia stated that he was uncomfortable doing this as it somewhat circumvents the process, but would do so just to move this on. Rust again expressed concern about the implied assertion that the aggregate is worth more than the wildlife, noting that he hasn’t found that proof has been offered.

VOTE: 4-1, Rust dissenting. Weeldreyer stated that she had a phone conversation with Charles Pendleton who expressed concern regarding impacts on his neighborhood. She remarked that she had limited the conversation and told him it was an ex parte contact.

d. SIXTH READING AND PUBLIC HEARING/Ordinance PA 1086/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Public Facilities"; Rezoning that Land from "F-2/Impacted Forest Land" to "PF/Public Facilities"; Adopting an Exception to Statewide Planning Goals 3 - Agricultural Land, 4 - Forest Land, 11 - Public Facilities and Services, and 14 - Urbanization; and Adopting Savings and Severability Clauses (Files PA 420-96 & PA 431-96/John Batzer).

Green read this Ordinance into the record. Jim Mann referred to the supplemental letter from Al Couper with a request that this be moved to a Seventh Reading on October 30.

MOTION: Approval of the Sixth Reading and Setting Seventh Reading and Public Hearing to October 30, 1996 at 1:30. Cornacchia MOVED, Rust SECONDED.

VOTE: 5-0.

16. OTHER BUSINESS

None.

There being no further business, this meeting adjourned at 3:57 p.m.

 

Sharon Giles, Recording Secretary

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