June 1, 1994
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 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
Rust introduced Steve Curtis, a student at the Opportunity Center, who was accompanying Rust today as part of a student project.
2. PUBLIC COMMENTS
Bill and Deanna Cartmill, 79152 Seals Lane, Cottage Grove, spoke regarding the widening of Seals Lane, remarking that they had been fighting for this for three summers. They indicated that they have talked to Bill Van Vactor, County Administrator, Lloyd Holtcamp and John Goodson from Public Works, and Commissioners Frazier and Rust. Ms. Cartmill stated that the property is on the county maps. She stressed that they want to get this road widened. Ms. Cartmill stated that the other property owner's shop is built right on the property line and her fence is 16 feet into the roadway. Frazier commented that she has met with the property owners and staff. She indicated that the road was never formally accepted by the county. Frazier remarked that a meeting will be scheduled soon with the neighborhood to review all the options. She asked the Cartmills to call her office.
Jack E. Marsh, P.O. Box 966, Marcola, commented that he had already sent each commissioner a letter with regard to the resident deputy situation. He indicated that he would pursue this matter through legal channels if necessary as the resident deputies are the only protection the rural areas have. Marsh asked the Board to reconsider cutting the resident deputies.
Vicki Walker, 1425 Ranchwood Drive, remarked that she was with the Lane County Democrats and that they are very upset with the Fair Board management as they are non-responsive to the citizenry. She expressed concern that comments from a public hearing on May 9, with regard to the Fairgrounds Master Plan, were not considered the next night at the Fair Board meeting. Walker emphasized that the Fair Board has made many changes with this year's fair that were made without much notification. She explained that there are concerns about the reduction in ice facility time.
Larry Thorp, 644 North A, Springfield, stated that he is an attorney representing Lois Paschelke with regard to agenda item 13.a., dealing with roads in a subdivision called "Mill Creek Park". He remarked that the road construction was completed in 1978. Thorp distributed a handout (see material on file) which provides some background as to why they are coming forward now asking that the roads be accepted into the county road system. He noted that the roads were fully improved, 60-foot right-of-way, 24-foot surfaced roads with asphalt on them, which was not the standard at that time; and the expectation was that these roads would be accepted into the county road system. Thorp referred to a 1978 memorandum from Jack Thomas to the director of Public Works in which he recommended that proceedings be initiated to accept the three roads into the county road system and that was not done at that time. Responding to Cornacchia, Thorp indicated that the policy regarding the acceptance of roads was revised in 1991.
Lois Paschelke, 92655 Paschelke Road, Marcola, stressed that the roads were built to county specifications at the time to meet requirements for a subdivision. She indicated that Jack Thomas had said that they should get 5 or 6 houses into the subdivision before the roads were accepted to make sure the subdivision was going to "pan out." Paschelke stated that the 6th house was not put in until 1988 (because of the poor market during the early l980's) and then they were told to wait for the new rules. She remarked that she has no legal 2requirement to follow up on this acceptance, but feels a moral obligation to the purchasers. She asked the Board to see that the roads are accepted into the county road system.
Joe Wilson, 92861 Fir Ridge, Marcola, remarked that he owns three lots in the above development. He distributed a handout which he called a "contract," signed by Al Driver saying that the county would take over the roads if the requirements were met. Wilson observed that people are losing faith in government and he asked for the Board's support. Cornacchia noted that in 1978 one of the requirements was that a road shall be of benefit to the general public and questioned if that is the case. Wilson stated that Paul's Road does connect to Paschelke Road and provides access into the next area and for future development. Cornacchia stated that nothing in the referenced document obligates the County to accept the roads, with Wilson indicating that the document implies acceptance.
Heime Vasconcellos, Director of Centro LatinoAmericano, commented that he had just found out yesterday that action would be taken today on the Diversity Task Force Report. He observed the language changes, remarking that the main intent of the document remains the same. Vasconcellos urged the Board to accept the proposal in its entirety. He stressed that implementation will be the key.
3. COMMISSIONERS' ANNOUNCEMENTS
To be held later in the day.
4. COMMISSIONERS' BUSINESS
a. DISCUSSION/Diversity Task Force Report.
Van Vactor indicated that he had solicited input from the department directors which is contained in the packet material. George Russell, Director of Human Resources and Management Services, introduced the item, noting that diversity is still a major issue in this country. He commented that there is still a need for training, awareness and sensitivity. Russell observed that Lane County wants to make sure all customers are served equally and fairly. He indicated that what is being asked today is for the Board to re-adopt the Policy Statement and accept the recommendations, primarily the establishment of an Initiatives Task Force to review the initiatives proposed in the report and provide recommendations to the Board. Russell stressed that it is time to do something and move forward on this matter. Responding to Cornacchia, Russell indicated that the Task Force would review/analyze the initiatives and recommendations, determine which are needed and whether or not they can be accomplished without additional resources. He indicated that it is his expectation that resources will be considered in recommendations. Cornacchia asked that memos provided by department heads be provided to the Task Force.
MOTION: To adopt the recommendations included in the Diversity Task Force Report and direct the County Administrator to take steps to establish the diversity initiatives implementation task force. Roberts MOVED, Dumdi SECONDED. Cornacchia noted that all three potential versions of the Diversity Policy Statement include reference to "sexual orientation". He expressed concern that Legal Counsel did not address the part of ORS 659.165(1) which states that political subdivisions are prohibited from enacting policies that single out citizens or groups of citizens on account of sexual orientation. Cornacchia stated that, in any of the variations provided, it appears that Lane County would be singling out citizens on account of sexual orientation. He observed that the version he is most comfortable with singles out individuals on the basis of sexual orientation, but from the standpoint of right to privacy. Teresa Wilson, County Counsel, explained that the statute has not been judicially interpreted. She stated that singling out would suggest that if the only matter being addressed was sexual orientation and sexual orientation was being treated in some manner differently than any other grouping, that could be a problem. She agreed that the May 20 draft gets furthest away from singling out because areas of right to privacy are given by example, not by absolutes, using the term "such as".
Cornacchia questioned whether the explanation of diversity in the Policy further defines diversity beyond the definition of diversity contained under "Definitions." He also asked if it is understood and agreed to by the Board, that the language in the Diversity Policy referring to "respecting and valuing" differences does not include sexual orientation, but that sexual orientation for the purpose of diversity only deals with the right of privacy. Roberts stated that the Policy agrees to respect and value differences such as those listed, as well as respecting each individual's right to privacy in those areas where that is appropriate. He explained that this is not intended to be an all-inclusive recitation of which ones are respected and valued, and which ones simply the right to privacy is respected; but, it tries to show by example those distinctions. Roberts stressed that his reading of the Policy is that the Board is not asking people to respect and value differences of religious belief, political belief or sexual orientation, but to respect the right of privacy of individuals who hold a different view or have a different orientation. Cornacchia stated that he wants it very clear, for the record, that the Board in its training is not taking the position that either the Board or the county employees do or shall be required to respect and value differences based on sexual orientation. Roberts agreed as long as it is also understood that people can be trained not to discriminate against people or harass people based on their sexual orientation. Frazier suggested that the Policy and the definition need to be written to coincide better. Cornacchia indicated that today's meeting Minutes will outline the very specific understanding that this Board has when adopting the Policy Statement. Frazier and Dumdi agreed with the above intent.
With regard to creation of the Task Force, Cornacchia stated that considerations of cost need to be a part of their exercise and that the Task Force members need to have an understanding of the county's fiscal realities. He indicated that he remains concerned that the message being sent to the community is that the County can implement all of the recommendations when, in fact, it may not be possible financially. Roberts agreed and remarked that the goal is to determine what needs to be done and then determine what can be done. He agreed that the Policy will compete for attention and resources. Cornacchia suggested that the Task Force be asked to issue, as soon as possible, a list of recommendations of things that can be implemented quickly that don't require resources. Rust commented that while dollars are an issue, the key issue is attitude. Dumdi remarked that she finds diversity exciting and apologized for not being in attendance at the meeting at the end of April. VOTE: 5-0.
b. ORDER 94-6-1-1/In the Matter of Amending Chapter 2 of Lane Manual to Adopt a Diversity Policy (LM 2.383-2.386).
MOTION: Approval of the Order, incorporating the May 20 version of the Diversity Policy. Dumdi MOVED, Roberts SECONDED. Cornacchia indicated he still has some concerns about the language in the statute, but will vote in favor of the Motion. VOTE: 5-0.
c. ORDER 94-6-1-2/In the Matter of Entering Into an Agreement With the Lane Regional Air Pollution Authority Regarding Proceeds of Civil Penalties.
MOTION: Directing staff to move forward with creating an Order to enter into an Agreement with the Lane Regional Air Pollution Authority regarding proceeds of civil penalties. Frazier MOVED, Cornacchia SECONDED. VOTE: 5-0. Staff was directed to return to the Board with the appropriate Order. (This was done in the afternoon meeting.)
5. EXECUTIVE SESSION as per ORS 192.660
To be held later in the meeting.
6. PUBLIC WORKS
a. ORDER 94-6-1-3/In the Matter of Establishing 1.0 FTE Senior Engineering Associate Position in the Department of Public Works, Engineering Division (Road Fund) and Adding the Position to the Base Budget for FY 94-95.
Ollie Snowden, County Engineer, reviewed the packet material and referred to a file note from Rick Schulz, Management Analyst. He explained that this was originally an add package in this year's budget, but was pulled to come back to the Board for further discussion. Snowden remarked that the driving force behind adding the positions is the Transportation Planning Rule, adopted by LCDC, that requires a plan to be in place by May, 1996. He indicated that the need is for someone with land use planning skills who has knowledge of Lane Code that could provide advice and counsel to engineering without having to continue to come downtown and get information from the Land Management Division. Snowden stated that an associate planner position was added to the base budget, and a senior engineering associate is needed to round out the team.
Responding to Schulz's first question regarding the full cost of the Transportation Plan Update, Snowden estimated approximately $120,000 per year, including the associate planner, the senior engineering associate and $10,000 in materials and services. He indicated that with secretarial and administrative support, that figure would come closer to $150,000 per year, or $300,000 to $450,000 over the entire 2 to 3-year period. With regard to the approach the County should take to meet Goal 12, Snowden indicated that the choices are adding staff, using consultants or using existing staff. He indicated that he sees continuing need for these positions beyond completion of the Transportation System Plan, so he feels the best approach is to add staff, with a termination date dependent upon the future workload. Van Vactor remarked that this is one approach, but questioned whether the same goal could be accomplished another way - perhaps putting road fund dollars into Land Management. He indicated that he had not had time to research that aspect.
Cornacchia questioned the need for two positions to take care of the Transportation Plan. He stressed that Snowden has not made a case why these positions should be continued. Cornacchia remarked that the department already has a new environmental staff person and stated that he supported the associate planner, but could not support the senior engineering position on a permanent basis. He remarked that he might consider a temporary position, but expressed concerns about how they would be terminated. Rust suggested that this matter be deferred, while asking the County Administrator to bring back another alternative, perhaps through Land Management. Van Vactor noted that the associate planner position has already been put in the budget and the Board concurred to leave that position in. Snowden mentioned a $50,000 planning grant which has been tentatively approved by DLCD, pending a revision of the work program which Stinchfield is working on right now. He indicated that in order to fully utilize that grant, it would be good to have someone on Board on July 1. Snowden stated that he would provide a Consent Calendar item in a few weeks regarding the acceptance of the grant, which would be related to the associate planner position. Van Vactor agreed to return within 60 days with a review of structure of the planning program with regard to both Land Management and Public Works. He continued that the associate planner position is already in the budget, so does not require formal action today.
This meeting recessed at 10:43 to reconvene at 10:58 a.m.
b. DISCUSSION AND ACTION/Amending Contracts With Saturday Market and Farmers Market, Providing Additional Space for Market Activities and Allowing Sales of Grower-Produced Wine.
Dale Wendt, Public Works Support Services Supervisor, briefly reviewed the agenda memorandum. He introduced Bill Goldsmith, from the Saturday Market, and David Amorose, from the Farmers' Market. Rust asked if a three-month pilot had been considered. Wendt responded that could be done. Rust asked how a grower-produced wine is defined. Goldsmith responded that the basic standard is that the grapes are grown on the seller's property and tended by the seller. Amorose indicated that their standards are strict and in this case the vines and grapes must be grown by the producer. With regard to the proposed expansion, Frazier asked how much encroachment would take place in the Public Service Building plaza area. Wendt responded that one-half of the free speech area would be used. Frazier asked if other commercial users would be allowed to use the same space for commercial use if they asked. Wendt responded that would also have to come before the Board for consideration. Cornacchia stated that he is a supporter of the Farmers' Market request, but has no interest in the Saturday Market's request to utilize part of the free speech area. Dumdi suggested that perhaps the plan could be modified to eliminate use of the area in front of the free speech area, perhaps using the area along Oak Street instead. Rust commented that he believes the free speech area could still be accommodated with the plan as it is. Roberts expressed his support of both proposals, with a goal of flexibility and perhaps a trial period. Goldsmith stressed that the free speech area is also important to them and they were willing to do a trial period. MOTION: To direct amendment of the contract allowing the additional space requested and allowing sales of grower produced wine, with a report back in 60 days after the commencement of the new arrangement. Roberts MOVED, Rust SECONDED. Dumdi asked for a friendly amendment to the Motion to request that the actual free speech area be honored, keeping the vendor booths around the edges as opposed to right in the middle of the courtyard, to attempt to retain the free speech area right in front of the plaque, without necessarily prohibiting the area off limits. Roberts and Rust concurred with the amendment. Wendt clarified that the free speech area is "in front of the flagstone wall west of Harris Hall measuring 33 feet 4 inches by 39 feet 6 inches." Cornacchia stressed that he feels the entire free speech area should be available and comfortable to people of all persuasions. He expressed concern that it would restrict use from the aspect of societal pressure. Cornacchia emphasized his concern that commercialism was taking precedence over free speech. Rust stated that the Motion is sensitive and that anyone can still come and speak. VOTE: 4-1, Cornacchia dissenting.
c. REPORT BACK/Lane County Hearings Official Expressions of Interest.
Roy Burns, Land Management Manager, reviewed the agenda memorandum. The Board asked that Burns return next week with a more accurate reflection of the cost comparisons of the responses.
This meeting recessed into Executive Session at 11:30 a.m. to reconvene at 11:40 a.m.
d. ORDER 94-6-1-4/In the Matter of Amending Lane Manual Chapter 60 to Modify Building Valuation Data Used in the Determination of Lane County Building Permit Fees, and Make Minor Housekeeping Changes (LM 60.855).
To be heard at approximately 3:00 p.m.
e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1056/In the Matter of Adopting the Howard Buford Recreation Area Master Plan as a Refinement to the Eugene-Springfield Metropolitan Area General Plan, and Adopting a Severability Clause. (Second Reading and Public Hearing: June 15, 1994, 1:30 p.m., Harris Hall Main Floor)
Rust read this Ordinance into the record. MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for June 15, 1994 at 1:30 p.m. Frazier MOVED, Roberts SECONDED. VOTE: 5-0.
f. NINTH READING AND DELIBERATION/Ordinance No. PA 1046/In the Matter of Adopting a Rural Comprehensive Plan Diagram Amendment From "Residential" to "Industrial" and Related Zoning Map Amendment From "Rural Residential" (RR-5) to "Limited Industrial" (M-1) for Map No. 19-03-02, Tax Lot 602 (Applicant: Bugbee/Obie).
Rust explained that a letter has been received from the applicant which requests that the item be postponed indefinitely. MOTION: Acceptance of that request for indefinite postponement. Dumdi MOVED, Frazier SECONDED. Van Vactor indicated that the next time this is read, the date of the previous reading could be recited. VOTE: 5-0.
8. CONSENT CALENDAR
A. Approval of Minutes
B. County Administration
1) MOTION AND ORDER 94-6-1-5/In the Matter of Trans-ferring $4,500 From the Board of Commissioners' Budget Within County Administration to the Budget of the Department of Youth Services for Continued Operation of the Minority Advocacy Program.
2) ORDER 94-6-1-6/In the Matter of Appointing a Justice Pro Tempore for the Central Lane Justice Court for 60 Days.
3) ORDER 94-6-1-7/In the Matter of Appointing a Justice Pro Tempore for the Florence Justice Court for 60 Days.
4) ORDER 94-6-1-8/In the Matter of Appointing a Justice Pro Tempore for the Oakridge Justice Court for 60 Days.
C. County Counsel
1) ORDER 94-6-1-9/In the Matter of Acceptance of Certificate of Election, Proclamation of Result and Creation of the Fern Ridge Library District.
D. Human Resources and Management Services
1) ORDER 94-6-1-10/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Glen and Rose Ross (Portion of Map #17-01-30-00-01800, Adjacent to 38401 Kickbusch Lane, Springfield, Oregon).
2) ORDER 94-6-1-11/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Faye Laverne Gagehabib (Map #21-01-35-33-00300, Adjacent to 39991 Upper Brice Creek Road, Culp Creek).
3) ORDER 94-6-1-12/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Leslie D. and Patricia A. Roberts and Executing the Associated Land Sale Contract (Map #16-06-07-44-00700, Adjacent to 22502 Highway 36, Cheshire).
E. Public Safety
1) ORDER 94-6-1-13/In the Matter of Authorizing an Intergovernmental Agreement With Oregon Department of Trans-portation, Dunes Recreational Area.
2) ORDER 94-6-1-14/In the Matter of Authorizing Renewal of a Special Use Permit With the Willamette National Forest/ Frissell Mountain.
3) ORDER 94-6-1-15/In the Matter of Authorizing Contract With AT&T Communications for Inmate Telephone Service.
F. Public Works
1) ORDER 94-6-1-16/In the Matter of Awarding a Contract to Kip Construction Co. for Grading, Basing, Paving, and Structure - Petzold Road Bridge (Br. No. 18-5W-15), Contract No. 93/94-22.
2) ORDER 94-6-1-17/In the Matter of Awarding a Contract to Durbin Construction Co. for Grading, Basing, and Paving - Fox Hollow Road M.P. 8.81 to M.P. 9.09 Contract No. 93/94-23.
3) ORDER 94-6-1-18/In the Matter of Awarding a Contract to Weyerhaeuser Paper Company for Rural Recycling Services, and Authorizing the County Administrator to Sign the Contract.
4) ORDER 94-6-1-19/In the Matter of Awarding a Contract to BRING Recycling, Inc. for Recycling Education Services, and Authorizing the County Administrator to Sign the Contract.
5) ORDER 94-6-1-20/In the Matter of Awarding a Contract to Weyerhaeuser Paper Company for Office Paper Recycling Services, and Authorizing the County Administrator to Sign the Contract.
6) ORDER 94-6-1-21/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for International Way (17-03-15)
7) ORDER 94-6-1-22/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Game Farm Road East (17-03-15).
8) ORDER 94-6-1-23/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Game Farm Road East (17-03-15).
9) ORDER 94-6-1-24/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Deadmond Ferry Road (17-03-15).
10) ORDER 94-6-1-25/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for International Way (17-03-15).
11) ORDER 94-6-1-26/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Game Farm Road East (17-03-15).
12) ORDER 94-6-1-27/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for International Way (17-03-15.
13) ORDER 94-6-1-28/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for International Way (17-03-15).
14) ORDER 94-6-1-29/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Game Farm Road East (17-03-15).
15) ORDER 94-6-1-30/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for International Way (17-03-15).
16) ORDER 94-6-1-31/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for 31st Street (17-02-19).
17) ORDER 94-6-1-32/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Lorane Highway (18-04-11).
18) ORDER 94-6-1-33/In the Matter of Authorizing an Intergovernmental Agreement With the City of Eugene for the Installation of Two Traffic Signals at the Intersections of Delta Highway at Willagillespie and Delta Highway at Goodpasture Island for the Amount of $120,750 and Authorizing the County Administrator to Execute the Agreement.
19) ORDER 94-6-1-34/In the Matter of Renewing Wetlands Consulting Services Contracts With David Evans and Associates, Inc., and Wetland Specialties, Inc. for FY 94/95 in the Not-To-Exceed Amount of $50,000 Each.
G. Regional Information System
1) ORDER 94-6-1-35/In the Matter of Approving Award of RFP CP 93/94-10 For Purchase of an Integrated Help Desk, Asset Management and Change Control Software System.
Frazier pulled Item 8.G.1. from the Consent Calendar, asking that it return next week after the opportunity for more fiscal analysis. The Board concurred.
MOTION: Approval of the balance of the Consent Calendar. Roberts MOVED, Cornacchia SECONDED. VOTE: 5-0.
WEDNESDAY, JUNE 1, 1994 - REGULAR MEETING (Continued)
9. HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 94-6-1-36/In the Matter of Appointing Medical Staff of Lane County Psychiatric Hospital and Granting Them Physician Privileges as Listed in Exhibit.
MOTION: Approval of the Order. Dumdi MOVED, Roberts SECONDED. VOTE: 5-0.
3. COMMISSIONERS' ANNOUNCEMENTS
Cornacchia reported that there has been considerable discussion with regard to the potential effects of Section 4(d) of the Endangered Species Act on private lands. He indicated that the O & C Counties and AOC are looking into it carefully.
Dumdi indicated that three Board members had attended the AOC conference last week in Sunriver.
Dumdi stated that she had attended a hearing in Portland yesterday with Senator Hatfield with regard to the ReEmployment Act of 1994.
Rust provided copies of a letter written by George Frampton, Jr. referencing a possible watershed restoration conference for Lane and Douglas Counties. He indicated that he would provide further information at a later time.
6. PUBLIC WORKS
d. ORDER 94-6-1-4/In the Matter of Amending Lane Manual Chapter 60 to Modify Building Valuation Data Used in the Determination of Lane County Building Permit Fees, and Make Minor Housekeeping Changes (LM 60.855).
Roger McGuckin, Building Official, reviewed the agenda memorandum. Responding to Cornacchia, McGuckin stated that the building valuation rate is supposed to provide a base value of the worth of a particular type of construction. He indicated that it is not reflective of the market, as it is essentially arbitrary. McGuckin stated that Lane County is within 75 cents per square foot of what can be charged based on the rate. Roberts commented that the rate that is set is related not to what the real costs are in the market, but in line with other counties. He noted that this proposal would move Lane County a little ahead of Washington and Clackamas Counties, but all are still below market value. McGuckin concurred. Cornacchia recommended that the County Administrator provide a recommendation of which would be most productive in the issuance of building permits: a new Senior Building Official, the suggested computers, or a third alternative. MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. VOTE: 5-0.
10. EMERGENCY BUSINESS
There being no further business, this meeting adjourned at 12:05 p.m.
Sharon Giles, Recording Secretary
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