BOARD OF COMMISSIONERS'
July 24, 2001
Commissioners' Conference Room
Commissioner Anna Morrison presided with Commissioners Bill Dwyer and Peter Sorenson present. Cindy Weeldreyer and Bobby Green, Sr., were present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Morrison noted there would be an emergency business item that would be placed after public comment and an Executive Session. She noted (under Commissioners Business) that Kent Howe wanted a letter brought forth.
2. PUBLIC COMMENTS:
Molly Morris, 240 Main St., Springfield, expressed the difficulties she was having as a small family-owned business in doing business with the County. She said since she was paying all the taxes to the County, that the County should do reciprocal business with her and not be based on price. She urged the Board to support local companies.
Dwyer asked if Lane County could adopt an ordinance giving preference to County businesses within a certain range so there would be something in place.
Stephen Vorhes, Assistant County Counsel, said there could be some risks, depending on how it was structured.
Green said that Chuck Wallace should review the RFP process with the Board. He believed in doing business with the local businesses.
Jim Seabarry, 3294 Stark Street, Santa Clara, said he had a copy of the recently signed IGA for criminal justice services signed by the city managers of Springfield, Eugene and Lane County. He noted that Item 12, (c) stated that by December 31, 2001, to make recommendations as to whether or not there should be further co-deployment of police officers within the Eugene/Springfield urban growth boundary and if so, to recommend a general policy and plan for such co-deployment. His concern was the option to resolve the problem in the River Road/Santa Clara area, where the Eugene Police would police south of the Beltline area. He noted the Metro Plan on page 127 stated that annexation to a city is the highest priority method by which new urban services would be provided to territory within the UGB. He said when a minimum level of urban services could be provided by a city, the property to be served must be annexed. He added only when the minimum level of services cannot be provided by the city in a timely manner could other alternatives be considered. He said if that decision was to be made for the policing to be south of the Beltline, it would fly in the face of the Metro Plan.
Van Vactor said if that was to be the recommendation with a plan, then the three governments would have their legal counsels review the Metro Plan. If there was a conflict there could be an amendment process for the Metro Plan.
Morrison explained the IGA is an exploratory exercise, looking at how to provide more cost effective, efficient public safety services. She noted it didn’t commit anyone. She said they tried to get the agencies together.
Dwyer’s concern was the eventual annexation. He wanted the community to have a say in the matter.
Morrison noted what Seaberry discussed was separate from the IGA. She said there is a Santa Clara/River Road working group. They are looking at a variety of issues that had surfaced over a number of years. She said the citizens think they are not being served around parks, planning development or transportation.
3. EXECUTIVE SESSION as per ORS 192.660
To take place after the meeting.
4. COUNTY ADMINISTRATION
5. PUBLIC WORKS
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1164/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise the “Significant Mineral and Aggregate Resources Inventory”, Redesignate From “Agriculture” to "Natural Resource: Mineral" Rezone From "E30/Exclusive Farm Use" to "SG/Sand, Gravel & Rock Products" and Allow Mining For 575 Acres of Land Pursuant to Lane Code 16.400 and 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File PA 99-5996; Eugene Sand & Gravel).
Morrison stated that people were to sign up on Tuesday evening, August 7 and they would carry the list forward to Wednesday or Thursday until they complete it. She added the only night the people could sign up was on Tuesday night.
Thom Lanfear, Land Management, said there would be new evidence submitted at the hearings and the applicant would want an opportunity to respond. He said they might be faced with the situation of determining how much time to leave the record open for both sides to respond to additional evidence.
Morrison asked what new evidence might surface.
Lanfear responded there was additional information coming in on groundwater and flooding.
Dwyer asked what the deadline was for information being submitted.
Vorhes said ultimately the Board made the call. He didn’t rule out the possibility of appeal on that issue, depending on how it is structured. He noted once the submittal of evidence is stopped, there was an additional right on the part of the applicant to submit a rebuttal argument without new evidence.
Morrison asked if there were statutory requirements regarding the length of time they have to allow this to take place.
Vorhes responded there was a statutory obligation and if there is a request for a continuance or to hold the record open, the statutory obligation is holding the record open for seven days. He added beyond that is the applicant’s final rebuttal period. He noted the Board might not know that until they hear what the issues are and if it could be presented at the hearing.
MOTION: to approve First Reading and Setting Second Reading and Public Hearing for Ordinance PA 1164 on August 6, 2002 at 5:00 p.m. at Sheldon High School.
Dwyer MOVED, Sorenson SECONDED.
Green asked if the Board had to determine the validity of the sound report or if they had to follow the DEQ report.
Lanfear responded there was additional information responding to that issue. He said that issue was raised before the Planning Commission deliberations and there wasn’t a chance for the applicant to respond. He noted there was additional information in the record.
Vorhes noted the Board would be called upon to determine which is more credible than the other.
Sorenson asked if the Board was bound to the DEQ noise ordinance.
Lanfear replied within the Goal 5 Rule, when evaluating conflicts from a discharge such as noise, the conflict needs to be minimized. He said they defined minimizing the conflict in such a way that if the conflict is brought into conformance with a state regulation then they have minimized the conflict. He said both sides agree what the standards are in the DEQ ordinances. He noted what they were not agreeing to was methodologies, (taking the measurements) and they weren’t specifically defined in the DEQ ordinance. That was where the debate was centered. He said they agreed on the level of noise that is the standard.
Sorenson stated there needed to be clear rules on the sign up procedures. He wanted it published as a legal notice.
Vorhes responded they have published and mailed notice.
6. COMMISSIONERS ANNOUNCEMENTS
Morrison noted that Frank Nearing had surgery and he was on the mend.
Green requested a get-well card be sent to Nearing.
7. COMMISSIONERS' BUSINESS
DISCUSSION/Letter for Proposed LCDC Youth Camp Rule Amendment
Morrison noted that Friday, July 26, 2001, LCDC is scheduled to conduct a public hearing regarding the proposed rule amendment that would modify the setback language for youth camps in forest zones. She noted the Rule OAR 660-006-0031 grants local government the discretion to establish a setback in a forest zone and siting a youth camp, based on site analysis by the local governing body. She stated that LCDC is proposing to adopt an arbitrary safe harbor setback of 250 feet as required by the statewide setback for any proposed youth camp. She stated Lane County might lose some local control discretion. She asked if the Board wanted to submit a letter for the record stating their concerns about the loss of local control.
Kent Howe, Land Management, noted the standard in the existing law is that it is a discretionary standard and it is up to the local governing body to establish the setback for a youth camp in a forest zone. He said the draft would set a safe harbor at 250 feet.
Green was in support of a draft letter on local control. He favored development of youth camps.
Sorenson wanted a draft letter and a deferral on voting until tomorrow.
Dwyer concurred with Sorenson. He wanted to be more general instead of being specific.
Weeldreyer was supportive of having flexibility for youth camps in forest zones. She wanted to go on record stating the Board was supportive of youth camps and having the letter be on point in addition to having local control. She wanted the letter forwarded to her on e-mail.
Green questioned Weeldreyer and Sorenson about the cell phone town hall meeting in Harris Hall. He asked how it was related to what they were doing with the process and if it was an additional public process, how it related to staff.
Weeldreyer stated she knew nothing about the meeting.
Sorenson stated he had a meeting in Veneta about the time of discussion of the task force idea with people interested in cell phone towers. He said it was successful and information was exchanged. He noted a number of people in attendance were from Eugene and they wanted to see the City of Eugene do some things on the same topic. He said the meeting was supposed to take place tonight, but Harris Hall was not available. He said they were putting the meeting off until later in August after a public briefing about the process.
Green didn’t want the public in a different process from what the Board had authorized. He wanted to eliminate confusion.
8. EMERGENCY BUSINESS
ORDER 01-7-24-1 /In the Matter of Ratifying the County Administrator’s Application for Local Law Enforcement Block Grant in the Amount of $75,692 from the Bureau of Justice Assistance.
Van Vactor explained the City of Eugene gets a greater portion of the local law enforcement block grant funds to the County. He noted that the City of Eugene was agreeing to the increase of $29,900. He said the effect of the order would be to increase the County’s share by $29,900 and next year it would be split 50/50.
John Clague, Sheriff’s Department, stated they had not reached an agreement. He noted Jim Johnson, Manager, City of Eugene, insisted that the money come from one of his department director’s budgets. He said the Sheriff and Chief Hill were still in discussions.
MOTION: to approve ORDER 01-7-24-1.
Dwyer MOVED, Sorenson SECONDED.
Van Vactor said he was comfortable with the understanding he has with Jim Johnson about the second year. He wanted to stand firm and get this resolved.
There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 11:00 a.m.