BOARD OF COMMISSIONERS'
January 24, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioners 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.
Morrison noted that today was the kickoff for the 150 anniversary of the enactment of Lane County, the Sesquicentennial Celebration. She said the Board was in period costume commemorating the occasion and thanked the Very Little Theatre, Lucy Sullivan and Paula for all of the work they did in the costuming. She also thanked Dorothy Velasco for the opening of the play about Springfield.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Paul Vaughn, 180 E. 11th, Eugene, said there was an issue raised in a letter concerning subparagraph (g) in Dale Riddle’s letter regarding the termination provision. Vaughn agreed that it should say more than two violations instead of more than three. He stated the easement would allow for the necessary loop in the system and it was important for fire protection. He added it is needed to build the plant by the district offices, as they don’t have the room by the lake with the current easement. He said the easement is clear that it is a one million-gallon limitation. He said there had been issues raised regarding wetlands and the easement is clear that Heceta Water District is required to apply with all applicable laws.
Walt Meyer, 3987 Braeburn, stated he is a civil and environmental engineer and is the engineer for the Heceta Water District. He said they are looking at the water distribution system to provide the services necessary for the residents. He said the district serves the entire area and some areas are under reserves to fight a fire. He noted the minimum amount of fire flow should be 1,000 per minute and many areas have less than 500. He said by placing the water treatment plant at Highway 101, it solves the fire flow problem by the Driftwood Shores area. He added truck access is easier on the highway.
Dwyer wanted "unilaterally" instead of "alone" under the terms of the agreement (paragraph f). He said "alone" means they don’t need the water district’s permission and the County could act without the water district. He asked if that was the intent of the paragraph.
Vaughn responded the intent was that it was not up to third parties to determine whether or not the easement could be amended. He stated it was an agreement between the County and the water district and the termination provision was different based on default. He added the parties could amend any agreement.
Mike Kendoll, P. O. Box 1042, Florence, hoped that this matter would end today so the water district could move forward. With regard to the fish issue, he sent copies to the Board from ODFW about no fish runs on Clear Lake.
Green asked how much water Heceta actually needed.
Kendoll stated they were running 300,000 to 400,000 gallons in the winter, but the peak in summer was different.
Meyer reported that in 1999, for just the customers of the Heceta Water District, the current average annual use was 400,000 gallons per day. He said in the maximum months, the usage is about 600,000 gallons per day and the peak daily demand was 970,000 gallons. He said with the water treatment plant, they could not provide water to the City of Florence.
Kendoll said they want to stay with the one million gallons per day.
Gordon Howard, P.O. Box 775, Pleasant Hill, reported the original projected water need for Heceta Water District was one million gallons per day and until January 19, he was not aware that that had been changed to 1.5 gallons. He noted on January 19, Commissioners Weeldreyer and Morrison performed an on site visit and the inspection led to two findings. He said that they personally witnessed Coho Salmon in Ackerly Creek that is connected to Clear Lake and to the Siuslaw River. He said the Coho is listed as a threatened endangered species and subject to the 4 D Rule. He noted that Kendoll stated (in the presence of Weeldreyer and himself) that the Heceta Water District had revised its projected 20-year water needs to 1.5 million gallons per day. He said it demonstrated that Heceta Water District was not being honest in their request for a one million-gallon per day easement. He said if Heceta Water District gets a new pipe in place, they intend to withdraw more water. He said they should use their existing pipeline, as it is cheaper and there is no opposition from the landowners. He said a win-win solution would be altering the proposed Heceta Water District’s easement to provide space next to the existing reservoir on Clear Lake for the filtration plant and utilize the existing pipeline and easement in exchange for Heceta Water District providing water to the County parks.
Dale Riddle, P. O. Box 851, Eugene, said with Heceta’s past patterns they would not comply with laws. He said there is a pipeline in place and the plant could be put on the lake instead of dealing with Jones’ easement.
With regard to her meeting in Florence with city officials, Weeldreyer said they expressed concern that if they don’t complete their application with the water resources division of the state in time they may need to depend on the Heceta Water District next year as well. She said if that would be the case, they exceed the million gallons per day capacity. She said it could put the County in a position of having to enforce the easement and cause serious rationing in the City of Florence.
3. COMMISSIONERS' BUSINESS
a. ORDER 01-1-24-1/In the Matter of Ratifying the Tentative Agreement Between Lane County and the American Federation of State, County and Municipal Employees Local 2831-General Unit.
Ed Ruttledge, Management Services, reported there are four orders for the Board for ratification of various labor contracts and one for non-represented employees. He noted they had all been ratified by their respective organizations and are up for ratification by the Board of County Commissioners. He said these contracts represent the long hard work of a number of teams spending time negotiating the contracts. He complimented everyone involved.
Ruttledge noted the eligibility for retroactivity was reserved for those employees who were employed by the County the day before each respective tentative agreement with the contracts. He added that the County teams recommended ratification of all four of the contracts.
MOTION: to approve ORDER 01-1-24-1.
Dwyer MOVED, Sorenson SECONDED.
Dwyer thanked everyone involved for the way the contracts were settled. He hoped that everyone would move forward in unison.
Morrison lauded Ed Ruttledge for his hard work. She said she would be a dissenting vote. She said she had to look at her constituents and the message coming from them is that they don’t think they are in the same position as government employees and they don’t want to pay any more taxes. She had concerns about the increases being granted.
VOTE: 4-1 (Morrison dissenting).
b. ORDER 01-1-24-2/In the Matter of Ratifying the Tentative Agreement Between Lane County and the American Federation of State, County and Municipal Employees Local 2831-Nurses Unit.
MOTION: to approve ORDER 01-1-24-2.
Green MOVED, Sorenson SECONDED.
VOTE: 4-1 (Morrison dissenting).
c. ORDER 01-1-24-3/In the Matter of Ratifying the Tentative Agreement Between Lane County and the Lane County Public Works Association Local 626.
MOTION: to approve ORDER 01-1-24-3.
Weeldreyer MOVED, Dwyer SECONDED.
Dwyer said that Lane County citizens who are County employees have to buy things like everyone else. He wanted Morrison’s constituents to know that Lane County employees have to live too.
VOTE: 4-1 (Morrison dissenting).
d. ORDER 01-1-24-4/In the Matter of Ratifying the Tentative Agreement Between Lane County and the Lane County Prosecuting Attorneys' Association.
MOTION: to approve ORDER 01-1-24-4.
Dwyer MOVED, Green SECONDED.
VOTE: 4-1 (Morrison dissenting).
e. ORDER 01-1-24-5/In the Matter of Adopting a Three Year Economic Package for Non-Represented Employees.
Green MOVED, Weeldreyer SECONDED.
VOTE: 4-1 (Morrison dissenting).
f. REPORT BACK/ORDER 00-8-30-13/In the Matter of Granting an Easement to the Heceta Water District on County-Owned Property Identified as Assessor's Map 18-12-11, Tax Lots 100 and 201 for Use as an Access Road and Placement of Water Transmission Facilities.
Steve Vorhes, explained the changes in the draft from the last meeting. He said with the draft conditions document in the packet, for paragraph a) for the condition that sets the one million-gallon limitation, they added 1.5 million gallons to go with the one-year grant of 1.5 million gallons. He said they deleted the language that attempted to get at the back flow of water into the lake. He said Heceta determined they could live within a one million-gallon limitation even accounting for the return of water through the filtration process.
On paragraph b) Vorhes said he indicated that instead of where a monitoring device should be placed, they are placing an obligation on the part of the water district to monitor the withdrawal of water from Clear Lake and recording the daily rate of water withdrawal for a five year period beginning March 1, 2001.
On paragraph c) Vorhes said, rather than a quarterly report, in order to provide more immediate information to the Board, this paragraph was revised to indicate monthly reports showing water withdrawal would be provided within 15 days at the end of each month. He said they added language indicating that after the initial five year monitoring period, the water district would provide an annual report to the Board indicating what they had withdrawn from the lake for the previous year.
On paragraph d) Vorhes said they had added language to make it clear that the County would determine whether there is an emergency and that it had to be made within five calendar days of the emergency withdrawal. He said there is an obligation that the water district provide notice to the County immediately of all emergency water withdrawals.
On paragraph e) Vorhes said they made revisions that the terms and restrictions of added language make it clear that the terms and restrictions in the easement are intended to benefit interested persons and define them to be persons owning property or living within the Clear Lake watershed as defined in Exhibit B, or any person being served by the water district. He said they added language that a violation of the water withdrawal limitation must be cured within three calendar days of receipt of notice of the violation and for any other violation, the water district has 30 days to cure. He explained that a notice of violation must be provided to the County. He added that only the water district may seek damages from the County and the County may seek damages from the water district. He said enforcement by anyone else shall not entitle any award of costs or attorneys' fees.
Vorhes said for paragraph f) they added “right to terminate or modify” only between the water district and the County, that third parties would not have the right to enter into modification negotiations except through the public process on addressing the Board.
Vorhes said paragraph g) deals with the termination provision and provides authority to the County to terminate for violation of the water withdrawal limitations more than three times within a calendar year. Also, at the County’s sole discretion, the County would have to take the action to terminate this. He added it provides the right to the County to terminate it if there are violations, provided that notice and an opportunity to cure had been provided to the water district and the water district fails to cure the violations. He added a notice to cure would not be provided for a third our subsequent violation.
Vorhes suggested language in his supplemental memo to shorten the time frame for a third party violation for the Board to opt out of enforcement and make an affirmative action if they chose do so. He noted the other issue dealt with the notice and opportunity to cure and whether that would be provided for any violation before the Board terminates the easement.
Green said instead of waiting for a pattern of non-compliance, he wanted to look for something more restrictive.
Vaughn proposed paragraph 13 that would be in lieu of paragraph g) dealing with repeated violations. He provided a subparagraph (a) where he defined repeated violations, unless there was an emergency (to be determined by the Board) and the water withdrawal was exceeded on more than five days in any calendar month, providing there was a notice of opportunity to cure.
Vorhes noted that not granting the easement would not necessarily remove the County from any charges should the water district conduct themselves in a way that causes those consequences. He added currently pipe water crosses easements on County land. He noted under this easement with the enforcement mechanisms available, there are tools for the County to take steps to avoid the consequences the Board is concerned with.
Weeldreyer asked what the provision was to assure the people of Florence that they would not be without water because of this agreement.
Vorhes responded if the County had this easement in place and Heceta needed to exceed the limitation, there was an option to modify to add a short-term gallon amount.
Weeldreyer asked about paragraph h).
Vorhes noted that provision and the contemplation of successors (should that occur) would take all the rights and responsibilities of the water district if the easement were transferred to another successor.
Riddle stated he had a procedural objection. He said he would have appreciated a copy of what Morrison handed out because he had evidence contrary to the information. He stated there had been Coho fish runs in the lake system before the step system came in. He said there were Coho runs in the lake and they could prove it.
Weeldreyer stated this was an opportunity to put in safeguards for Clear Lake. She wanted to make sure that Lane County would be able to maintain the public policy control on how much water is taken from the lake and to assure the people of Heceta Water District that they can get a reliable source that is cost effective.
Dwyer said a weir was the least expensive way to protect the lake and the water district. He was not in agreement with the way they were extracting water. He said he would be against the motion because he wanted a weir.
MOTION: to approve ORDER 00-8-30-13.
Morrison MOVED, Weeldreyer SECONDED.
Green wanted a pattern of compliance that is restrictive. He said if the motion would include the language in paragraph 13, he would support it.
Vorhes said that subparagraph (g) and paragraph 13 were alternatives. He said if the interest was in paragraph 13, (regarding violations) that it still provides for repeated violations defined as exceeded on more than five days in any calendar month. He said there needed to either be a new paragraph 13 or subparagraph (g) as the termination provision provides the County the option of terminating.
Green was in favor of paragraph 13 and would take three days instead of five days. He wanted tougher restrictions to show future boards that the intent is to be responsible and have the language tight enough on Heceta, not the County. He wanted the third party piece included.
Morrison amended her motion to insert paragraph 13 into the easement agreement instead of subparagraph (g) with the number of days being reduced to two occasions.
Sorenson said they had not heard from citizens regarding the protection of the lake other than the property owners.
Weeldreyer stated it was important for Heceta to move forward and get the filtration plant built in order to comply with the Clean Drinking Water Act.
Vorhes asked if the motion included language proposed in the supplemental memo on shortening the period of time.
Morrison responded it did.
VOTE: 4-1 (Dwyer dissenting).
4. COUNTY ADMINISTRATION
Van Vactor thanked all Lane County employees for their hard work and service to the citizens.
5. CONSENT CALENDAR
A. Approval of Minutes:
October 4, 2000, Regular Meeting, 9:00 a.m.
B. County Administration
1) ORDER 01-1-24-6/In the Matter of Approving Rural Tourism Marketing Plan (RTMP) Projects for Eligible Cities and Services in the McKenzie River Valley and Authorize Contracts to Complete these Activities in 2001.
C. Public Works
1) ORDER 01-1-24-7/In the Matter of Awarding a Contract to Lucas Truck and Equipment Sales, Inc., in the Amount of $203,262.44 for the Purchase of Two (2), New, 15-Yard Dump Trucks and One (1) Pup Trailer, With Two (2) Trade-Ins, Contract No. FY 00/01 FS-05.
2) ORDER 01-1-24-8/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 358 (Pioch Lane) (16-02-130).
3) ORDER 01-1-24-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Blue View Drive (17-05-20-3).
4) ORDER 01-1-24-10/In the Matter of Accepting the Offer from John H. Whitson and Marjorie K. Whitson to Purchase a Small Lot at the Southeast Corner of River Road and Dean Avenue in Eugene, Oregon.
D. Regional Information System
1) ORDER 01-1-24-11/In the Matter of Amending Contract 108163 with Short Mountain Logic Company to Include Technical Support Services for the Airs Conversion Project for a $150,000 Total Amended Contract Amount.
Dwyer requested item C. 4) be pulled.
MOTION: to approve the balance of the Consent Calendar.
Weeldreyer MOVED, Dwyer SECONDED.
With regard to item C. 4., Dwyer asked if the lot was a buildable lot independent of other lots.
Don Maddox, Public Works, responded with the current city building code, it was not large enough to have a house put on it as an independent unit.
Dwyer asked about the square footage of the lot.
Maddox responded it was 3,700 square feet.
Dwyer asked if the city changed the lot size to 3,500 square foot if this could become a buildable lot.
Maddox said it was a possibility but that Lane County had owned this property for over 40 years and they no longer had the use for it. He added they had gone through a sheriff’s sale twice and did not get a bid. He said he had gone through extensive negotiations with all of the abutting property owners to arrive at a reasonable sale price.
Van Vactor suggested Lane County real estate could inquire with Jan Childs at the City of Eugene regarding the Land Use Update to see if there would be any change of density.
Dwyer said if there were no changes he would have no objection to this moving forward. He added if the lot would be independent and stand on its own, it would be rebid.
Morrison noted this item would be rolled until they could confirm what the buildable lot size would be.
6. CHILDREN AND FAMILIES
a. ORDER 01-1-24-12/In the Matter of Accepting an Award of $350,000 for the Interagency Initiative on Collaborations to Address Domestic Violence and Child Maltreatment; Increasing Revenue and Expenditure Appropriations by $204,167 in the Department of Children and Families (3232) for FY 00-01 and Delegating Authority to the County Administrator to Accept the Funds and Execute Grant Documents and Intergovernmental Agreements; and Create Two Positions Related to the Grant: 1.0 FTE Project Coordinator and 1.0 FTE Office Assistant.
Sarafina Clarke, Children and Families, said she presented this item in August. She said it was a collaborative project between domestic violence groups, services to children and families and the family court system. She noted that Lane County was one of six sites who had been awarded this federal money and it comes out of eight agencies at the federal level that are seeking to address the issue of domestic violence and child abuse treated as separate entities. She said this order was seeking to increase appropriations to their budget of $204,167 and to add two new positions.
Green supported this order and commended Clarke for orchestrating and coordinating all the parties involved so Lane County was considered a finalist and got the grant.
MOTION: to approve ORDER 01-1-24-12.
Green MOVED, Sorenson SECONDED.
Sorenson said this was a good thing and that it was money well spent.
7. COMMISSIONERS' ANNOUNCEMENTS
8. EMERGENCY BUSINESS
There being no further business, Commissioner Morrison recessed the meeting at 12:30 p.m.