BOARD OF COMMISSIONERS'
August 29, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioner Bill Dwyer, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
An item d. regarding the letter to the city, under Commissioners Business, regarding the election process.
2. PUBLIC COMMENTS
Blair Bouvbier, P.O. Box 1033, Corvallis, stated he works for the Center For Voting and Democracy, a non-profit, non-partisan organization concerned with election methods. He said preference voting is being used by millions of people around the world. He said the Salem City Council would refer preference voting to the voters. He thought Annette Newingham’s fees were overstated.
Green stated his issue was not style of voting, but added unanticipated costs. He said Lane County citizens shouldn’t be asked to pay the costs for a city that had decided to change methodology.
Lynn Enyart, 32829 Kestrel Lane, Eugene, commented on the item about adoption of roads within a subdivision. He said when the Hawk’s Point subdivision was built, Ridgetop was extended into the subdivision as was Skyhawk. He noted that in January 2000, some of the residents in their subdivision asked about a dangerous curve on Ridgetop He said the County maintains about a half mile. He said they consulted with Public Works about the dangerous curve and it was suggested to them that they make application to have the County adopt maintenance on Ridgetop Drive and Skyhawk Lane because they were extensions of existing County roads. He said they got a petition and did the formal application to get the road adopted by Lane County. That process was denied in May by the County Road Commission. He stated the Lane County manual states the extension of an existing County road shall be adopted, not may.
Duane Wright, 2050 E. 44, Florence, stated he represented the Mapleton School District. He spoke on item 6 c.) He said the Mapleton School District was unique because of a pool that is used by the Florence and Mapleton residents. He noted the only access to their pool is through school district property. He asked for help ensuring the public access remained safe for the older population. He noted the pool is open 24 hours a day. He asked the Board to consider this a benefit of western Lane County.
3. EXECUTIVE SESSION as per ORS 192.660
To take place at 11:00 a.m., time certain.
4. COMMISSIONERS' BUSINESS
a. PRESENTATION/Award of Recognition to Kenneth Allen and Mike Robinson, Lane County Veterans Office.
Awards were given to Kenneth Allen and Mike Robinson.
b. UPDATE/Facilities Capital Improvement Projects (no material).
David Suchart, reported the mental health facility second story was being built. He stated the Juvenile Justice Center parking lot was being rented for football games. He said the ADA projects were going to take place and the elevator is now working in the Courthouse onto the first floor.
Suchart commented he heard nothing from the State of Oregon on the state office building.
Suchart stated he was working on a cattery expansion. He said because they are handling the animals from Springfield an expansion needs to take place.
Suchart reported the roof of the Extension Service was completed and they are getting bids on a boiler.
c. UPDATE/OSU Extension Service.
Bo Freeman, Extension Service, gave a report on the OSU Extension Service. (Copy in file). He noted it was the 90th Anniversary for the Extension Service in Oregon.
d. DISCUSSION Letter to the City of Eugene
Morrison recalled this was the amended draft discussed yesterday.
Annette Newingham, Elections, noted she made changes in the first and last paragraph.
MOTION: to move to approve the sending of the letter to Mayor Torrey regarding preferential voting and the costs associated with it.
Green MOVED, Dwyer SECONDED.
Dwyer requested that the letter also go to the Eugene City Council.
Green thought the letter was fine and his concerns were addressed.
Weeldreyer wanted to send a letter on which the whole Board agreed.
Newingham suggested taking the italicized part of the letter and leaving the cost for the system as unknown.
Dwyer recalled they deleted everything but “unknown from the software/hardware package” on the last page along with the italicized part and other corrections.
5. COUNTY ADMINISTRATION
Van Vactor announced they were posting for Gary Ingram’s director’s job on the web.
6. PUBLIC WORKS
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 3‑01/Amending Chapter 6 of Lane Code to Add Provisions Pertaining to Interference with Official Duties, Providing False Information and False Swearing.
Todd Winter, Parks, reported this was to amend Chapter 6 of the Lane Code, to add provisions pertaining to interference with official duties. He noted in February 2000, the parks ranger division were authorized to enforce level 2 citation authority to enforce proprietary ordinances, directly relating to park properties. He noted with 3.5 million visitors, they issued 81 citations as well as non-compliance notices. He said there were 11 rangers that were empowered, across the County. He added they couldn’t enforce violation of state statutes or local ordinances, that those were handled by jurisdictional police agencies.
MOTION: to approve the First Reading and Setting Second Reading and Public Hearing on Ordinance No. 3-01 for September 12, 2001, at 1:30 p.m.
Dwyer MOVED, Weeldreyer SECONDED.
Sorenson suggested Winter call other park agencies in the state to find out who has this additional authority and if they had benefited from it, or if it created problems.
Dwyer stated when they make laws, they have to be careful about penalties with infractions. He asked if there was potential jail time with any of the violations. He said by constitution, Lane County would have to provide a defense. He wanted to know how many citations had been supplied with a defense.
Wilson noted these were not jailable offenses, only fines.
b. ORDER 01-8-29-1/In the Matter of Appointing Two Members to the Lane County Planning Commission.
Morrison noted there were two vacancies on the Planning Commission, Marion Esty and Chris Clemmow. She said there was an advertisement for the position and both of the current people reapplied. After reviewing the applications, she and Green recommended appoint Esty and Clemmow.
Green MOVED, Dwyer SECONDED.
c. ORDER 01-8-29-2/In the Matter of Awarding a Community Development Road Improvement Assistance Program Grant and Authorizing the Transfer of Funds from the Community Development Fund to Street Improvements Along Jasper‑Lowell Road Not to Exceed $162,000, to Waive Associated Assessments, Authorize the County Administrator to Execute an Intergovernmental Agreement with the City of Lowell, and Complete Construction of Specified Improvements.
Mike Russell, Public Works, explained this was a board order asking the Board to approve a grant to the City of Lowell. He said the Board established the Community Development Road Improvement Assistance Program in Fall 2000 and awarded the first projects. He noted there was $2.3 million left in the fund and the City of Lowell requested $162,000 for curb, gutter and sidewalk improvements. He said they received seven applications. The subcommittee met to review the applications and interview applicants.
With regard to the Lowell project, Russell noted the County anticipated making this a part of the 2002 preservation projects scheduled for Jasper Lowell Road. The County would perform all project duties including surveying, designing and construction engineering. He noted the intent of the applicant was to offset any assessment that would be levied against adjacent property owners. He added there was $162,000 plus a ten percent match from the City of Lowell for construction costs. He said an agreement was needed with the City of Lowell to outline the terms of the match that they would be providing, including provisions of any overage or underage of construction costs.
Green supported the order.
Dwyer supported Option 1, but didn’t support the school districts because they are not public roads. He said they had to abide by the criteria.
Russell stated both applications involved the establishment of short narrow roadways on school district property ending in a cul-de-sac. He said it hadn’t been determined what type of design standards would be used for the roads. He noted the Pleasant Hill School District application proposed full width, roadway, curb, gutters and sidewalks. He stated they were both public rights-of-way. He noted the issue was whether the Board wanted to create short cul-de-sac roads to be maintained by the County.
Morrison stated the Mapleton School District would take over the maintenance.
Green was interested in dealing with the school districts as a different category.
Wilson said she didn’t know what level the schools understood in making their application. She heard that the particular proposals didn’t arrive at a level of what they believed was for the road aspect.
Morrison didn’t think it was articulated well enough to the school districts. She said the school districts were diligent about coming back to meet the rules.
Dwyer stated the committee did a wonderful job. He concurred that the school districts could be set up under a different criteria and that is a charge that needed to be sent back to the committee. He said they needed to articulate that Rogers v. Lane County didn’t allow these things to occur.
Sorenson favored the order.
MOTION: to approve Option 1 of ORDER 01-8-29-2.
Dwyer MOVED, Green SECONDED.
On the remaining monies, Morrison suggested when they advertise, that the criteria be revisited so the notices are more defined.
Dwyer said they have to make the criteria clear and let the school districts know that cul de sacs wouldn’t work.
d. TWENTY-FIFTH READING AND SETTING TWENTY-SIXTH READING AND DELIBERATION/Ordinance PA 1132/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan to Adopt a Revised “Transportation Element” and Related Changes to the Plan Text; Adopting Revisions to the Eugene-Springfield Transportation System Plan (TransPlan); and Adopting a Severability Clause (26th Reading: September 26, 2001). (NBA & PM 9/8/99, 9/29/99, 10/20/99, 12/1/99, 1/25/00, 2/15/00, 3/14/00, 3/28/00, 4/11/00, 5/2/00, 6/27/00, 7/12/00, 8/9/00, 9/6/00, 9/26/00, 10/18/00, 11/1/00, 1/31/01, 2/21/01, 3/14/01, 4/18/01, 5/16/01, 6/27/01 & 8/7/01)
MOTION: to approve a Twenty Fifth Reading and Setting a Twenty-Sixth Reading and Deliberation for September 26, 2001 for Ordinance PA 1132.
Dwyer MOVED, Weeldreyer SECONDED
e. ORDER 01-8-29-3/In the Matter of An Appeal to a Director’s Report Denying County-Maintained Road Status to Ridgetop Drive, Skyhawk Way, Redtail Lane and Kestral Lane in the Hawk’s Point Subdivision.
Betty Mishou, Public Works, passed out copies of the applicable Lane Code and Manual provisions. (Copy in file).
Dwyer stated the question for the Board was to either hear or deny the appeal.
Mishou noted the director’s report denied the acceptance of the road. She said per Lane Manual 15.215, an application was submitted on behalf of the Hawk’s Point Subdivision property owners. She said upon receipt of the application they went through a review to determine whether or not the roads under consideration met the policy criteria of Lane Manual Chapter 15.410, plus the standards in Lane Manual 15.220. She noted they were checking the actual physical standards and the functional use of the road. She said based upon their findings, the Public Works Director issued a report to deny acceptance of the road, as they did not comply with Lane Manual 15.410 6 (b). She added the roads were classified as local access roads.
MOTION: to approve ORDER 01-8-29-3, to accept the director’s recommendation.
Dwyer MOVED, Green SECONDED.
Snowden commented that the crux of the issue was Lane Manual 15.410 6 (b), but the appellant believed it was in Lane Manual 15.410 6(c). He noted the street did not function like a collector, so it didn’t apply.
Enyart stated that Sky Hawk was an extension of an existing County road. He noted they were requesting the County assume maintenance for approximately 1.5 miles, including Ridgetop to a cul-de-sac.
Dwyer didn’t share Enyart’s opinion.
Weeldreyer noted it was hard to tell the difference between what the County was maintaining and what the homeowners were maintaining. She asked when they have crews in the area, what the incremental cost was to Lane County road maintenance for overlay on Skyhawk Way.
Snowden responded that working on the first part of Skyhawk, the costs would include labor, equipment and materials to do the work on the remainder of the road. He said they weren’t saving money by being there already.
Dwyer said “shall” needed to be changed to “may” for discretion.
Enyart responded there was an implication that they were trying to sneak this in. He said when they bought the lots, they understood that there would be a maintenance fund they would pay into annually. He said they requested to talk to the County about what they perceive to be a dangerous curve.
7. CONSENT CALENDAR
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 01-8-29-4/In the Matter of Awarding a Contract to Center for Family Development in the Amount of $93,544, and to Looking Glass in the Amount of $327,406, and to Willamette Family Treatment Services in the Amount of $62,363 for Outpatient Alcohol/Drug Addiction Treatment for Youth; and Authorizing the County Administrator to Sign the Documents.
2) ORDER 01-8-29-5/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment in the Amount of $8,000 with Safe, Inc. for Consumer-Operated Mental Health Services.
C. Public Works
1) ORDER 01-8-29-6/In the Matter of Awarding a Requirements Contract to Philip Services Corporation in an Estimated Amount of $55,000 to Provide Hazardous Waste Disposal Services, and Authorizing the County Administrator to Execute the Contract, WM 01/02-01).
2) ORDER 01-8-29-7/In the Matter of Vacating a Portion of the Boundary Line of a Partition Plat, as Platted and Recorded on Land Partition Plat Number 99‑P1316, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-01-33).
3) ORDER 01-8-29-8/In the Matter of the Vacation of a Portion of Washington Street (Cox Street), North of Second Street, and the Public Alley in Block 5, all Within the Plat of the Town of Acme, as Platted and Recorded in Volume R, Page 325, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (18-11-30-2).
4) ORDER 01-8-29-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for London‑Latham Road (County Road No. 2008) (21-03-09).
5) ORDER 01-8-29-10/In the Matter of Awarding a Contract to Tarpomatic Inc. in the Amount of $117,837 for Purchase of One Tarpomatic Machine, Spools and Tarps and Authorizing the County Administrator to Execute the Contract.
6) ORDER 01-8-29-11/In the Matter of Awarding a Contract to L&H Grading, Inc. in the Amount of $51,680 for Installation of Interim Soil Cover at the Short Mountain Landfill and Authorizing the County Administrator to Execute the Contract (WM 01/02-02).
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Green SECONDED.
8. CHILDREN AND FAMILY SERVICES
a. RESOLUTION AND ORDER 01-8-29-12/In the Matter of Delegating Authority to the County Administrative Officer to Execute the Oregon Commission on Children and Families Grant Agreement in the Amount of $4,713,956 and the Intergovernmental Agreement for Title XIX Medicaid Reimbursement in the Amount of $237,500.
Pat Rogers, Director, Children and Families, stated these were their funding contracts with the State Commission for allocation of the biennium for 2001-2003 commission activities.
Morrison noted the numbers in the Board order didn’t add up. She was concerned they were approving the right amount.
Rogers stated it added to 5.9%.
Wilson noted the board order did not authorize the county administrator to sign a contract at 5.9%, the order stated up to 5.9%. She said that could be corrected on the board order.
Rogers noted they changed the timeline to coordinate with federal and the state agencies.
MOTION: to approve the corrected RESOLUTION AND ORDER 01-8-29-12.
Sorenson MOVED, Weeldreyer SECONDED.
9. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer reported she attended the Community Meeting at Coburg Elementary School on the proposed steam power plant. She said her intent is to return to Board meetings but she will be limiting her time in the building due to her health. She stated she was assigned a new County car.
In response to Sorenson’s questions about costs per bed at the jail, Morrison stated the jail is $94.31, the CCC is $77.20 (less revenue for pay to stay); Forest Work Camp is $62.56 (less federal to County payment dollars); and the electric surveillance is $18.46 (less revenue for participation).
Dwyer stated they would keep a date in September during the down week in case they have to hold a meeting to fill the position for Senate District 21.
10. EMERGENCY BUSINESS
There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 11:00 a.m.