minhead.gif (11357 bytes)APPROVED 8/10/94


June 15, 1994
BOARD OF COMMISSIONERS' REGULAR MEETING
Commissioners' Conference Room - following HACSA

Chair Jerry Rust presided with Steve Cornacchia, Ellie Dumdi, Marie Frazier and Jack Roberts present. Sharon Giles, Recording Secretary.

1.    ADJUSTMENTS TO THE AGENDA

It was announced that Item 7.a. would be moved to the afternoon agenda and that Item 13.a. would be held at approximately 11:00 a.m. It was noted that a dessert for the senior volunteers would be held at 1:00 p.m.

2.    PUBLIC COMMENTS

David Oaks, 454 Willamette #215, stated that he was representing the Clearinghouse on Human Rights and Psychiatry. He introduced Christina Hanley and Tom Wittick. Hanley distributed five handouts related to an upcoming meeting on June 28 which the group set up to negotiate with Lane County Mental Health with regard to human rights differences. Oaks stated that last year he had spoken before the Board regarding problems with the local mental health system and that the Board had suggested that he meet with Rob Rockstroh. He indicated that Rockstroh had requested information as to changes that had taken place since a death in the Lane County Psychiatric Hospital. Oaks reported that the group had written a letter to Al Levine requesting that information and, to date, no response has been received from Levine. He noted that they desire this information prior to the June 28 meeting. Rust stated that he had requested that Rockstroh see that the group receives a reply.

Anita Fulkerson, 120 South 21st Street, spoke with regard to the farm use zone issue, indicating that her family is not going to be able to build on their property and they reject the idea that you cannot live on your farmland. 

Kevin Stephens, 622 "R" Street, Cottage Grove, stated that he is president of the Cottage Grove Chamber of Commerce and spoke with regard to the Rails to Trails project, noting that the Chamber has overwhelmingly endorsed the project as they believe it will be of benefit to the community. Responding to Rust, Stephens indicated that the Chamber would be willing to provide a forum to address property owners' concerns.

Mel Jackson, 2006 Grant Street, commented that he has looked closely at the Rails to Trails project feasibility (through a Corps of Engineers contract) and stated that it is a good opportunity and has real possibilities as a destination/recreation program.

Terry Hueth, 1260 Chad Drive, indicated that he is the Area Manager for the South Valley Bureau of Land Management. He stated that the BLM has concluded negotiations for the Rails to Trails Property and has received title. Hueth reported that there will be July public meetings in Dorena, Culp Creek, Cottage Grove and Eugene to start the public scoping process.

Bonnie Thielman, 91170 Territorial Road, Junction City, spoke with regard to the EFU ruling change. She stated that her family has owned 40+ acres since 1984 and have worked for five years to prepare for their move to the property only to find out now that the rules have changed. Thielman urged the Board to keep the present rules in process now during the litigation involving this change.

Valerie-Claire Ingabo, Portland, indicated that she was present on behalf of the New Region of Metro 2040. She distributed a handout explaining that program.

3.    COMMISSIONERS' ANNOUNCEMENTS

To be held later in the meeting.

4.    COMMISSIONERS' BUSINESS

a.    DISCUSSION/Support of Culp Creek/Dorena Citizen Concerns Regarding Rails to Trails.

Frazier stated that there have been ongoing issues and concerns with regard to the Rails to Trails project that have not been addressed and there have been no assurances that they will be. She highlighted these issues as fire and trespass (as related to liability on private property), vandalism, variable property width with some houses as close as 15 feet to the trail, and especially the public involvement process for those property owners along the right-of-way. Frazier asked for Board support in seeing that these concerns are addressed and resolved.

Cornacchia concurred with Frazier, noting that the Code of Federal Regulations presents the opportunity for the Board to contact the BLM, request notification on actions being taken on this matter, set out the concerns and express the expectation that these will be considered and resolved prior to establishment of the trail. Dumdi concurred with the need to have the issues investigated and addressed, noting that the overall project does have potential. Roberts agreed with the need to make sure that affected property owners' concerns are addressed, but encouraged that the Board not take a position against the trail. Rust indicated he would sign a letter as long as the tone was right. Frazier stated that she would draft a letter and present it to the Board on June 22.

5.    RESOLUTIONS

a.    ORDER 94-6-15-1/In the Matter of Support of Services for People with Developmental Disabilities.

Rust read portions of the Order into the record. MOTION: Approval of the Order. Rust MOVED, Dumdi SECONDED. Roberts stated that he could not support the Order as written as it calls for the legislative assembly to "ensure" continued funding, noting that that would be isolating one single group for funding without regard for overall state funding needs. The Board concurred, with Roberts presenting a friendly amendment to change the "Be It Resolved" paragraph to replace "call upon....the continuity of all" with "support continuation of". Rust and Dumdi agreed to the amendment. VOTE: 5-0.

6.    EXECUTIVE SESSION as per ORS 192.660

None.

7.    COMMITTEE REPORTS

Finance & Audit Standing Committee

a.    DISCUSSION/Fiscal Options.

This item was moved to the afternoon agenda.

8.    COUNTY ADMINISTRATION

a.    Announcements

Bill Van Vactor, County Administrator, reported that pursuant to the reduction of Board Assistants there is $21,300 in the '94-'95 budget which would be available for one 3/4 time assistant, at least for the interim, while plans are finalized for a Public Works' Constituent Services position. The Board requested an analysis/breakdown of the entire Commissioners' budgets and the $21,300, with Roberts observing that the budget had basically done away with assistants. Van Vactor indicated that he would return with that analysis.

Van Vactor stated that he had been contacted by Rotary Clubs regarding a conference in San Jose in July and their offer to pick up the registration fee and lodging if any Commissioner wished to attend. Van Vactor observed that others within the Lane County organization were attending.

9.    PUBLIC WORKS

a.    REPORT BACK/Solid Waste Management Plan.

Mike Turner, briefly reviewed his agenda memorandum. Rust asked that the Board have an opportunity to see the RFP before it is sent out. He also indicated that he would like to see some kind of a symposium effort built into the process. Cornacchia put the department on notice that he is not interested in a management plan that is built to spend more money and increase fees, noting that he believes their budget is full of "nice to haves" and is not operating as efficiently as it could be. Frazier asked Turner if they would be exploring organizational procedures that could be changed and other ways of doing business. She also asked for issues on which Lane County should be proactive legislatively, especially unattainable mandates. Cornacchia agreed, asking Waste Management to provide recommendations for change in the existing mandates, with back-up analysis. He suggested they work with Roberts, as chair of the Legislative Committee, and with Marcia Morgan. Rust asked that Turner provide the RFP via memorandum to the Board.

b.    DISCUSSION/Leachate Irrigation Options at the Short Mountain Landfill.

Turner reviewed this item, highlighting items in the Executive Summary (see material on file). He recommended that the Board provide direction to pursue purchase of property south of Camas Swale Creek and give approval for use of the property for leachate irrigation.

Rust stated his hope that the Board not take action today as he would like more time to study the full report. He observed the public process that would need to be involved if the property were to be acquired. Cornacchia remarked that he was disappointed with the recommendation, noting the potential for significant neighborhood opposition. He stressed the need to deal with any potential problems first, not after the property is purchased and indicated his support for a public process. Rust asked Turner for information as to what is actually in the leachate lagoon. Turner stated that he would provide Rust with the complete chemical analysis. Turner was directed to return to the Board in 30 days to identify a public process.

This meeting recessed at 10:20 to reconvene at 10:30 a.m.

c.    DISCUSSION/Establishing Policy Direction for Administration of Exclusive Farm Use Zone Provisions During Litigation Involving High Value Farmland Administrative Rules.

Roy Burns, Land Management Manager, reviewed this item (see material on file), outlined options and highlighted information on a map on the wall. He noted that it is difficult to provide consistent advice to constituents while litigation is in process on the Oregon Administrative Rules. Cornacchia suggested the possibility of an assumption of risk and waiver by the applicant, observing that it is impossible to comply with 3661, the Administrative Rules and Lane Code. Under this method, the application would be processed under existing rules and 3661 (using the balance of the rules not at issue in the lawsuit), then notice would be given to LCDC who could object and remand it back to the Hearings Official. Cornacchia asserted that if landowners were given a full presentation of what the Legislature did in 3661, what LCDC did with the Administrative Rules thereafter, the lawsuit and where Lane County stands, then they would have the opportunity to assume the risk of Lane County not prevailing in litigation by signing waivers to that effect.

Burns indicated that staff has not been pursuing that option for two reasons: 1) it creates the potential for appeal and litigation on a number of cases, which is a resource drain for County Counsel and Land Management staff; and 2) there could be an enforcement order brought against the County by LCDC and Lane County does not have staff to fight that battle. Cornacchia suggested that if using waivers is considered, legal research needs to be done on court protections against enforcement orders during litigation. Rust offered support for Option 2. Roberts stated that, in principle, he likes Cornacchia's approach, but is concerned about staffing resources. He noted that a window is still left open under the staff recommendation. Burns agreed, explaining that "discourage" does not necessarily mean "refuse to accept." Cornacchia asked for a report back to the Board outlining the issues and the potential resource drains under the different options. Frazier asked Roberts (as Chair of the Legislative Committee) to look at the issue of OAR versus statute and perhaps draft a letter of expression of concern. Burns received direction to proceed with changes in the Code that are not in conflict and are not under litigation. Rust asked for information with regard to how other counties are dealing with this issue. Burns stated that he would return to the Board in two weeks.

d.    WORK SESSION/Providing Board Policy Direction to Comply with Goal 4 and to Amend the Rural Comprehensive Plan Policies and Lane Code Chapter 16.

Jim Mann, Planning Supervisor, reviewed the agenda memorandum (see material on file). Mann discussed the current prohibition of dwellings in F-1 zones and the current 80-acre requirement. Rust declared a potential conflict as the owner of an F-2 forest parcel. Cornacchia indicated that he was prepared to support giving direction to change Lane County's policy on allowing homesites in F-1, upon the condition that the appropriate additional siting criteria, suggested by Mann, is in place, which might include limiting only to those who have public road access and creating a minimum lot size of 20, 30 or 40 acres. Cornacchia observed that 99% of F-1 lands are owned by larger, corporate landowners, who are interested in some of the same treatment as people on F-2 lands. He suggested that, if the Board agrees, Mann come back to the Board with an outline of what would or should be the siting criteria.

Rust remarked that this would be a 2.4 million acre decision. He expressed concern about the proliferation of homesites in that acreage and potential impacts, such as fire and vandalism. Rust observed that future Boards could amend the new ruling to include the use of easements instead of access to public roads. Cornacchia remarked that F-2 and F-1 property provide for the same uses and are the same trees and land. He questioned why the treatment of the land should be different. Rust explained that "impacted" forest lands was defined as a small ownership that was close to a public road and had adjacent parcelization. Mann remarked that the distinction between F-1 and F-2 lands is still valid, with F-1 being large tracts that are industrially forest managed and F-2 being small tracts with conflicting uses. He continued that it may still be possible to maintain those distinctions and allow dwellings under limited circumstances in the F-1 zone.

Roberts agreed that an outright prohibition of residences in F-1 was probably not necessary. He expressed concern with regard to "additional staff resources" necessary to develop the changes and asked for further information as to what that means. Mann replied that a week's worth of time would probably be necessary for the dwelling requirements and two to four weeks of time for the alternatives for the minimum area requirements, the latter of which he suggested putting out for consulting contract. Rust recognized general consensus to pursue the discussion with the industry to discuss potential standards, however incorporating that as a low priority.

Burns interpreted Board direction as drafting additional standards for potential dwelling allowance in the F-1 zone under prescribed situations (which entails a smaller staff requirement), with minimum parcel size being left open for now and having arguments on that issue dealt with during the hearings process.

10. PLATS

Mike's 40th Street Addition
City of Springfield
17-02-31

Parson's Addition to Creswell
City of Creswell
19-03-14

Cottage Heights
City of Cottage Grove
20-03-33

Tracy's Plat
City of Springfield
17-03-36

MOTION: Approval of the Plats. Rust MOVED, Roberts SECONDED.

VOTE: 5-0.

11.    CONSENT CALENDAR

A.    Approval of Minutes

B.    County Administration

1)    ORDER 94-6-15-2/In the Matter of Awarding a Contract in the Amount of $75,860; and Delegating Authority to the County Administrator to Sign Subcontract with Sponsors, Inc. to Provide Transitional Housing, Case Management Services and Alcohol and Drug Treatment Support for Male Parolees.

2)   ORDER 94-6-15-3/In the Matter of Approval of a Disputed Claim Settlement Regarding the Workers' Compensation Claim of Edward Senger.

C.    County Counsel

1)    ORDER 94-6-15-4/In the Matter of Amending Chapter 60 of Lane Manual to Change Reference to Oregon Revised Statutes Due to 1991 Legislature Renumbering (LM 60.615).

D.    Health & Human Services

1)    RESOLUTION AND ORDER 94-6-15-5/In the Matter of Accepting Plan/Amendment Approval Form (PAAF) #51 from the State of Oregon Mental Health and Developmental Disabilities Services Division (MHDDSD) in the Amount of $49,186.56 in Community Programs for Persons with a Mental Illness; Appropriating an Additional $9,600 in Fund 24 in the Department of Health & Human Services; and Delegating Authority to the County Administrator to Sign PAAF #51.

E.    Human Resources and Management Services

1)    ORDER 94-6-15-6/In the Matter of Authorizing the Property Management Officer to Conduct an Oral Auction for Surplus County-Owned Real Property Identified as Assessor's Map #17-03-21-32-04401 (Adjacent to 2888 Bailey Lane, Eugene) and Delegating Authority to the Property Management Officer to Execute Documents to Provide Legal Acceptance by the County to the Highest Bidder at Said Auction.

2)    ORDER 94-6-15-7/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Tom Citti (Map #17-04-02-11-00131, Adjacent to 537 Watson Drive, Eugene)

F. Public Works

1)    ORDER 94-6-15-8/In the Matter of Releasing, Dedicating, and Accepting Parcels "A" and "B," in the First Addition to Nottingham, Book 51, Page 4, Parcels of County Owned Real Estate, as a Public Road (17-04-02) (Watson Drive).

2)    ORDER 94-6-15-9/In the Matter of Awarding a Contract to L & H Grading, Inc. for Construction of the 1994 Intermediate Hydraulic Barrier Project at the Short Mountain Landfill, Contract No. WM 94/95-8.

3)    ORDER 94-6-15-10/In the Matter of Vacating a Portion of Third Street in the Addition of the Town of Acme, Volume W, Page 273, and a Portion of Washington Street in the Town of Acme, Volume R, Page 325, Lane County Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-11-30).

G.    Youth Services

1)    ORDER 94-6-15-11/In the Matter of Authorizing the County Administrator to Execute an Amendment to Lane County's Contract with the Oregon Children's Services Division to Provide Diversion Services for Delinquent Girls.

MOTION: Approval of the Consent Calendar. Frazier MOVED, Roberts SECONDED. VOTE: 5-0.

12.    HEALTH AND HUMAN SERVICES

a.    RESOLUTION AND ORDER 94-6-15-12/In the Matter of Accepting Plan/Amendment Approval Form #50 to the 1993-95 Intergovernmental Agreement #20-001 with the Oregon Mental Health and Developmental Disabilities Services Division; Authorizing the County Administrator to Sign the Document and Appropriating $23,174.26 in Revenues and Expenditures in Fund 24 in Fiscal Year 1993-94 for Services to Individuals with Developmental Disabilities.

MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. VOTE: 5-0.

13.    HEALTH & HUMAN SERVICES

a.    FIRST READING AND SETTING A PUBLIC HEARING/ Ordinance 5-94/In the Matter of Amending Chapter 5 of the Lane Code to Delete the Animal Regulation Fees for Inclusion in the Lane Manual.

To be heard on the afternoon agenda.

3.    COMMISSIONERS' ANNOUNCEMENTS

Rust observed that Rob Rockstroh was elected as the president of the Association of Oregon Community Mental Health programs (the Directors' Association) and Rob Rockstroh stated that Al Levine was awarded a statewide Award for Excellence for his leadership in making a model service system for acute psychiatric crisis response.

With regard to the McNutt property, Frazier noted that there had been a request for the Board to tour the property and Roberts noted that he had already suggested to the owners that they get a lawyer or a land use consultant to work with them.

Rust noted that Lee Beyer is willing to draft a more favorable bill with regard to destination resorts, noting that 60 miles may be too much. He suggested that the Legislative Committee follow up on this.

Dumdi discussed the division of video lottery project monies, the Board indicated they would like to see this issue as part of the budget discussion on June 22 and Dumdi indicated she would prepare an agenda item.

Dumdi discussed the drainage along the ridge south of Mercer Lake, requesting that Land Management petition DEQ to correct the boundaries. Cornacchia and Roberts suggested that the property owners put the information together and do their own petition, with the Board signing a letter of support.

Roberts observed the number of calls that have come in on the closure of the cattery, noting that there were very few calls with regard to the loss of three child maternal health nurses.

Cornacchia requested an Executive Session with regard to the lawsuit with LCDC. The Board indicated this would take place this afternoon.

Rust discussed the ongoing plan amendment discussion process, reporting that negotiations are taking place that would allow amendments within city limits to be handled by only the city that is affected and issues with regard to the expansion of an urban growth boundary being handled subject to all three parties being involved if it includes crossing a river or crossing a ridgeline, with veto power available.

14.    EMERGENCY BUSINESS

None.

There being no further business, this meeting adjourned at 12:03 p.m.

Sharon Giles, Recording Secretary

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