BOARD OF COMMISSIONERS'

REGULAR MEETING

May 16, 2001

9:00 a.m.

Harris Hall Main Floor

APPROVED 6/13/01

 

Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green, Sr., and Peter Sorenson present.  Cindy Weeldreyer was excused.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

There will be an emergency business item.

 

2. PUBLIC HEARINGS

 

None.

 

3. PUBLIC COMMENTS

Mona Lindstromberg, 87140 Territorial Highway, Veneta, read from an article from the Newport News Times.  She said until a moratorium is established regarding placement of cell towers, people will fall through the cracks.  She wondered if the cell tower site on Seavy Loop could be transferred to another site.

Donna Murray, 87140 Territorial Highway, Veneta, spoke regarding a proposed cell tower site on Territorial Road.  She said the tower was inappropriate because it is so close to residences.  She said it would lower their property values and could cause damage to their wells.  She asked the Board to establish a moratorium on construction and permitting until changes could be made.  She asked that it be retroactive to include current applications so no further damage is done.

Don Walkin, 34424 Walnut Lane, Creswell, stated he lives on an RR5 lot.  He said there are three cases of zoning code violations near his property.   He said the code that is written should be examined more carefully regarding storing vehicles on property.

Morrison noted the Board had a work session with the permit department and a repeated issue was land use compliance.  She said the Board had given direction to look at properties with problems one-by-one.

 

4. EXECUTIVE SESSION as per ORS 192.660

None.

 

5. COMMISSIONERS' BUSINESS

Dwyer discussed the roadwork situation in Goshen.  He said there needed to be a neighborhood meeting with all of the people who would be impacted explaining what was to take place.  He wanted to work with the community so they could feel that County government cares and wants to help them.

 

Morrison noted this was not just happening in Goshen, but was part of an annual work plan and Public Works had used this process for years.

 

Tom Stinchfield, Public Works, noted two County crews were out in Goshen doing work for the preparation of the overlays.  He stated letters were sent out to the neighbors in February explaining the process that would be taking place.

 

MOTION: to adopt a moratorium on cell phones until they could determine what type of regulations Lane County could adopt.

Dwyer MOVED, Sorenson SECONDED.

 

Green requested they hold this motion until Legal Counsel gave their report on this.

 

He thought the motion was premature.

 

Dwyer said these towers should be stopped until they could determine the whole issue of regulation that allows for their proper placement and protecting the community’s interest.

 

Van Vactor encouraged the Board to hear the report from County Counsel before they moved ahead with a moratorium.

 

VOTE: 2-2 (Green, Morrison dissenting).

Stephen Vorhes, Assistant County Counsel, passed out copies of the statute on moratoriums and the process involved.  He said LCDC would need a 45-day notice before the final hearing on the moratorium, as specific findings would need to be addressed to establish a basis for the moratorium.

 

Dwyer wanted to give notice so they could start the process to reasonably work on how they would be protecting the public interest regarding the placement of  towers.

 

Wilson noted if the Board wanted to do a moratorium, a lot of staff time would be involved.  She said the Board could choose to spend staff resources working on regulations they would adopt subsequent to a moratorium.

 

Dwyer asked if was possible to come back in 45 to 60 days to start the process and have public hearings to determine what steps would be necessary to adopt new regulations.

 

Kent Howe, Land Management, reported he was coming back to the Board on June 5 with long range planning work programs that would have the alternative of dealing with staff resources with code amendments and updates.

 

Green suggested waiting for Legal Counsel to give their report on June 5 to see if a public hearing would be triggered.  He was not ready to have a public hearing without hearing a report  on where their obligations are.

 

Morrison stated she was not interested in having a public hearing.

 

Wilson said if the Board did cell tower regulations, they would need a public hearing adopting the regulations.  She said they would be coming back on June 5 with a discussion and analysis of what the federal law preempts.

 

Sorenson wanted information brought back to the Board about the options that would be available to the Board and a recommendation regarding legal action they might take with adoption of an ordinance.  He wanted to know if other jurisdictions had undertaken this.

 

In response to the request in the public comment portion, Howe said the location of the property in question for the cell tower has split zoning on it. He added if they move the tower into a different zone, there would be different criteria, and notice would need to go out.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported the 2001-2002 Budget was approved last night.

 

7. PUBLIC WORKS

 

a. ORDER 01-5-16-1/In the Matter of Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Prairie Road, MP 1.59 to MP 2.03, Based on the Design Concept in Attachment A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road.

 

Mike Russell, Public Works, explained that Prairie Road is an urban minor arterial connecting Northwest Expressway to Beltline and it is identified as an urban standard project in the Eugene/Springfield metropolitan area in TransPlan.  He noted it was programmed for construction in summer 2002 at an estimated cost of $750,000.  He said the proposal is to increase the street to three lanes (two travel lanes and a center turn lane) bike lanes, curbs, gutters and sidewalks.  He noted on January 22 they held a public hearing and nine people attended.  He said there were three comments from that meeting and they were able to address the concerns with the design concept.  He said staff recommended approval of the design concept as presented.

 

MOTION: to approve ORDER 01-5-16-1.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 4-0.

 

b. ORAL REPORT, TWENTY-SECOND 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.

 

MOTION: to approve the Twenty-Second Reading and Setting a Twenty-Third Reading and Deliberation for June 27, 2001 for Ordinance PA 1132.

 

Sorenson MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

Stinchfield reported that LCDC approved the alternative performance measures for TransPlan on May 8 and the order they adopted is attached as Attachment 1 to the memo. (Copy in file.)  He noted there were conditions and guidelines with the approval related to the timing of the implementation of nodal development.  He said the only action that came out of MPC was the recommendation that information regarding the implementation of the nodal development guidelines contained in the order would be included in TransPlan in Chapter 3 in a schedule format.  He requested an endorsement of the change to Chapter 3 of the plan.

 

MOTION: to endorse the MPC action .

Dwyer MOVED, Green SECONDED.

 

VOTE: 4-0.

Stinchfield said Attachment 2 was a memo the Board received on unresolved issues at MPC.  He wanted the Board’s concurrence with MPC action.  He noted the first one involved BRT discussed on Page 2 of the cover memo.  He said at the last meeting, the Board endorsed changes to the text and policy and intent statement on BRT and was discussed at MPC last week.  He added one change was made in the first bullet of the description of the BRT system.  He said the language that was previously approved said that the BRT would include exclusive busways along major corridors.  He said MPC changed that phrase to exclusive busways along the majority of each corridor.  He said there was a change in the text to call exclusive bus treatments, exclusive busways. He noted the language was agreed upon to express the intent that each corridor would have a majority of exclusive busways.  He recommended the one change that MPC suggested.

 

MOTION: to agree change that MPC agreed upon.

Green MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

With Attachment 2, Stinchfield mentioned a proposal for resolving the issue about nodal development infrastructure funding.  He said MPC agreed with the concept and made two changes shown in the cover memo.  He said in subsection (a) regarding Eugene’s portion, they wanted to include a line item that they would provide the cost estimate.  He said they wanted to change the words “marginal increase” in costs to “differential” to be clearer that it was the incremental costs of doing nodal development they wanted to list.  He added Eugene wanted to remove the word “transportation” for other infrastructure costs the city might incur with nodal development.  He said in (c), Springfield agreed to it, with the underlying phrase added. He noted the compromise was that Eugene wanted a specific cost listed and Springfield was not comfortable doing that yet and they were committed to including it in the next update.  He noted this represented general agreement between the local governments and LCDC on the proposed schedule.  He added part of the public testimony at LCDC was on this.  He said the planning directors from Eugene and Springfield asked for modification in the language drafted by the LCDC staff.  He said the alternative measures include progress on nodal development.

 

MOTION: to approve nodal development funding.

Dwyer MOVED, Green SECONDED.

 

MOTION: 4-0.

Sorenson asked if car use would really decline and how TransPlan would measure it.

 

Stinchfield responded some of the alternative measures would address these, being 20-year benchmarks that include five-year incremental benchmarks.  He said the federal requirements include a three-year update cycle.  He said when they have major revisions, it would be at the five-year benchmarks.

 

Sorenson asked what authority LCOG had in adopting TransPlan and why they were involved.

 

Stinchfield explained the LCOG Board had the federal responsibility to adopt a plan for federal purposes for the Metropolitan Planning Organization area.  He noted this area was on the brink of not having a conforming plan for federal purposes in the metro area where funding may be lost if a plan is not in place that the feds find acceptable.  He added this was discussed at MPC, and the LCOG adoption was an interim adoption for federal purposes.  He said when the local TransPlan is adopted by the local agencies for state land use purposes, LCOG board would be asked to adopt the identical plan for federal purposes.

 

Sorenson said he never remembered any testimony going to LCOG and if that was an important part of the decision making process of TransPlan, it was never brought up.  He questioned why people who had never heard the testimony were making decisions.

 

Stinchfield explained the plan that LCOG will adopt will be the latest version representing the local agency consensus at that time.

 

Green noted that LCOG had always had the authority and Tom Schwetz, their staff person, had been very involved. 

 

Dwyer stated he was not comfortable with this.

 

8. CONSENT CALENDAR

 

A. Approval of Minutes:

April 17, 2000, Regular Meeting, 9:00 a.m.

 

B. County Counsel

 

1) ORDER 01-5-16-2/In the Matter of Amending Chapter 3 of Lane Manual to Abolish the Public Welfare Board (LM 3.534).

 

C. Health and Human Services

 

1) ORDER 01-5-16-3/In the Matter of Approving the Submission of a Supportive Housing Program Grant to the U.S. Department of Housing and Urban Development (HUD) in the Amount of $1,581,628; and Delegate Authority to the County Administrator to Sign Grant Documents.

 

D. Public Works

 

1) ORDER 01-5-16-4/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During Fiscal Year 2001/2002, Contract No. 01/02-M&S-52.

 

2) ORDER 01-5-16-5/In the Matter of Awarding a Three Year Requirements Contract to Miles Oil Co., Inc. for the Purchase of Cardlock Fuel and Fueling Services in Florence, Contract No. RFP 00/01 FS-02.

 

3) ORDER 01-5-16-6/In the Matter of Accepting a Right of Way Grant Offer from the Bureau of Land Management for Land That Lies Within Templeton Road (County Road Number 1011) and Granting the County Administrator the Authority to Sign the Right of Way Grant Offer.

 

Sorenson requested  that 8. B.1) be pulled.

 

MOTION: to approve the balance of the Consent Calendar.

Green MOVED, Sorenson SECONDED.

 

VOTE: 4-0.

With regard to 8. B.1), Sorenson explained that, following the discussion of abolishing the Public Welfare Board and the alternatives the state had, he wrote a letter to the Lane County Legal Aid Service.  He received a letter back noting there were other avenues for people to pursue when they had been denied welfare and they didn’t see a problem with Lane County abolishing this.

 

MOTION: to approve ORDER 01-5-16-2.

 

Sorenson MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

 

9. MANAGEMENT SERVICES

 

a. ORDER 01-5-16-7/In the Matter of Accepting and Appropriating an Additional $2,200 in Personnel Services in Fund 283 in the Department of Human Resources and Management Services, Division of Animal Regulation.

 

Annette Newingham, Management Services, report that city parks had offered money to Animal Regulation to free up a welfare officer so they could hire extra help for the remainder of the fiscal year to put more people in parks.

 

MOTION: to approve ORDER 01-5-16-7.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 4-0.

 

10. RIS

 

a. REPORT/AIRS Conversion Status for the First Six Months; October 2000 through April 2001.

 

Paul White, RIS, gave a report on the AIRS conversion.  He said the primary users were the Lane County Sheriff’s Office and the City of Eugene and Springfield’s police department.  He noted the system was built 35 years ago.  He said the problem is outmoded technology that is difficult to support.  He added it was difficult extracting the information needed to manage and improve the public safety systems. He noted that measures failed in trying to raise funds for this and last year Eugene, Springfield and Lane County decided it was too urgent to wait for voter approval and decided to proceed with this project by obtaining funding from other sources.  He reported the project had been underway for six months and they will be coming back for approval for signing a contract for the jail system.  He said today they were asking for Board approval for a federal grant.

 

Judy Monahan, RIS, reported they were doing two systems at a time for a total of five systems.  She said they would be hiring support people when they get closer to implementation.  She noted the most important thing they had done was put in place a structure for managing the project as it is a regional project.  She noted they had found a vendor  that could do the job for under $600,000.

 

b. ORDER 01-5-16-8/In the Matter of Accepting an Earmarked $249,450 COPS Technology Grant of the U.S. Department of Justice Office of Community Oriented Policing Services (COPS).

 

Monahan reported it was a grant they have, not one they were applying for.  She noted the United Front had done all the work and they were designated in a line item of the federal appropriation for $249,450.  She said they requested a motion to authorize Van Vactor and Clements to sign a project proposal.

 

MOTION: to approve ORDER 01-5-16-8.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 3-0.  (Sorenson left).

 

11. COMMISSIONERS' ANNOUNCEMENTS

Dwyer stated he was meeting with the Patrician Park citizens on the Pioneer Park extension to resolve the last part with minimal impact to the citizens.  He said he was also going to Goshen.

 

Sorenson stated he was at the Wood Products Credit Union on Mother’s Day.

 

Morrison announced the Rhododendron Festival was taking place this Sunday.

 

12. EMERGENCY BUSINESS

ORDER 01-5-16-9/In the Matter of Ratifying the County Administrator’s Execution of Three Grant Applications, the Oregon State Marine Board for Boating Improvements at Perkins Peninsula Park, Hendricks Bridge Park and Siltcoos Lake.

 

Jake Risely, Parks, reported this item was asking the Board to ratify three-state marine board grants at Perkins Peninsula Park, Hendricks Bridge and Siltcoos Lake.  He said it was the first round of a marine board two-year grant cycle and park staff had identified eight projects to present to the State Marine Board.  He noted two were under $50,000 and Armitage Park had a project for $17,000 for boat trailer parking, which was the highest priority.   He noted it went from a $35,000 to a $184,000 project.  He said at Hendricks Park, there is a boat ramp where the edge had eroded away and they were able to work with the guides to put in rocks.

 

MOTION: to approve 01-5-16-9.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 4-0.

 

There being no further business, Commissioner Morrison adjourned the meeting at 11:45 a.m.

 

 

Melissa Zimmer

Recording Secretary

 

go_to.gif (1155 bytes)Back to Board Notices