June 28, 1994
BOARD OF COMMISSIONERS' WORK SESSION
Harris Hall Main Floor - 9:00 a.m.
Chair Jerry Rust presided with Steve Cornacchia, Ellie Dumdi and Jack Roberts present. Marie Frazier excused. Sharon Giles, Recording Secretary.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Lou Sinniger, 1174 Gateway Loop, Springfield, remarked that he was representing AFSCME and was present regarding Item 6.b. He indicated that he was not necessarily speaking against the Order, but had a few problems with it. Sinniger expressed concern that the hiring of a new manager and assistant planning director will increase the supervisory ratio from 1 to 15 to 1 to 7. He said the union recommends filling the two positions of assistant planner and planner. Sinniger stated that there is also a problem with the position in the Computer Services Division, indicating that the Information Systems Tech has for the past nine years done the majority of that job, along with an OA2.
Robin Rutherford, 36920 Edgehill Road, Springfield, mentioned that he sent each Commissioner a letter several months ago regarding the issue of land use permits. He stated that about 10 years ago his family had subdivided the family tree farm among all the partner children with the goal of the offspring being able to each build a residence on their parcel. Rutherford commented that the property met and exceeded the standards for the division at that time. He noted that two siblings had built, but others were not able to build at that time. Rutherford indicated that his sister had recently applied for a permit to build on her land only to discover that "the goalposts had been moved" (LCDC changes). He stressed that this resembles the "taking" of land. Rutherford commended the Board for taking LCDC to Court and urged them to continue the fight and to decide to issue permits in the interim. Roberts suggested that Rutherford submit a written summary of his comments to his state representative and senator.
3. COMMISSIONERS' ANNOUNCEMENTS
To be held later in the meeting.
4. COMMISSIONERS' BUSINESS
a. ORDER 94-6-28-1/In the Matter of Approving FY 94-95 Visitor Services Program and Budget and Exercising the Year 2 Contract Renewal Provision With CVALCO in the Amount of $833,000.
Margo Drivas, Assistant Director of Human Resources and Management Services, reviewed the agenda material. Linda Weston, Executive Director of CVALCO, outlined the expansion provided for in the new budget (see material on file). She stated that the increases target trade shows and tourism and convention sales. With regard to tourism, Weston indicated the goal of trade shows was to go after the niche marketing of bicycling and golf. Rust reported on a letter received from Alan Lonstron, dealing with the issue of the Worldwide Church of God convention, previously Lane County's largest convention with over a $1 million direct economic benefit, which was lost to Seaside for next year after having requested the free use of the Lane County Convention Center and being denied. Responding to Rust, Weston stated that underwriting this use for the Worldwide Church of God in the future is the only option for possibly keeping this convention in Lane County in the future. She stressed that this group has traditionally been tough negotiators, noting that they bring approximately 3,000 people and use over 1,000 guest rooms over a period of ten days, participating in numerous family activities throughout the county. Rust asked the Board if they would request that Weston explore what it would take to get this convention back in subsequent years. Bill Van Vactor, County Administrator, suggested that the Board representative to the Fair Board (Rust) raise this issue with the Fair Board. Roberts stated the question is whether Lane County is willing to subsidize the Convention Center's rates with room tax dollars. Weston noted that CVALCO's board has discussed this possible precedent, with a committee of the hotel and motel owners deciding to draft Lonstron's letter to the Board. Rust observed that the Board is interested and asked that this issue be discussed further.
MOTION: Approval of the Order. Dumdi MOVED, Roberts SECONDED. Cornacchia commented that he could go along with renewal of the contract for the coming fiscal year, but stressed that "all bets are off" after that, knowing what is coming up for Lane County's budget. He indicated that a two-year renewal would not allow for potential public discussion of other use of room tax funds. Roberts concurred, suggesting an amendment to the Order taking out the renewal for FY95-96. Rust disagreed, emphasizing the need to honor the commitment made by the ordinance. He stated that there can be a comprehensive discussion while still honoring this commitment. MOTION: To amend the Motion to eliminate the renewal period for FY95-96. Roberts MOVED, Cornacchia SECONDED. Cornacchia stressed that he simply wants to allow for the opportunity for this to be discussed publicly. Roberts stated that it was likely that he will advocate for keeping this commitment, but observed that he believes this is the prudent course at this time. VOTE: 3-1, Rust dissenting. VOTE (on the amended Motion): 4-0.
5. EXECUTIVE SESSION as per ORS 192.660
To be held after this meeting.
6. COUNTY ADMINISTRATION
Van Vactor indicating that he would be attending the Juvenile Justice summit after completion of Item 6.b.
b. ORDER 94-6-28-2/In the Matter of Approving the Reorganization of Land Management Division, and Establishing the Assistant Planning Director and Intergovernmental Relations Coordinator Position in the Department of Public Works and Reassigning the Senior Administrative Analyst Position From Land Management Division to the Computer Services Division.
Van Vactor commented that as County Counsel he worked with numerous Land Management employees and found them extremely dedicated and hardworking, but he observed the need to deal with the recommendations of the audit. He reviewed his agenda memorandum (see material on file), noting that developing the reorganization has been very difficult because of competing policy objectives.
Van Vactor, observing the need to develop strong management in the division, stated that he was recommending reassignment of the existing division manager to Public Works in the capacity of Intergovernmental Relations Coordinator and then commencement of recruitment for the vacant manager position. He stated that the next step would be to develop a position described as Assistant Planning Director, which would focus on the planning section. Van Vactor also noted that due to the Financial Plan's objectives, he was recommending the elimination of the senior administrative analyst position within the Division, suggesting that the person currently filling this position would be transferred to the computer services division.
David Suchart, Performance Auditor, expressed pride in what employees and management have accomplished since the audit was delivered, along with frustration with the numerous interpretations of what he placed in the audit. He indicated his support for the County Administrator asserting himself and trying to do something with the division. Suchart urged the Board, management, the employees and the public to support the effort and see what comes from it and not spend time second-guessing what could happen.
Cornacchia mentioned that he was excited about the commitment on the part of the County Administrator with regard to the concept of work teams, which takes advantage of expertise at the technical level. Responding to Cornacchia, Van Vactor stated that funding for a planner and an assistant planner were eliminated in the budget approved last week. MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. Roberts observed the difficulties involved with complex rural planning. He indicated that this proposal sets an ongoing standard for accountability. Roberts expressed appreciation to Van Vactor and Suchart for their work. Dumdi concurred, observing that the proposal acknowledges the complexities within the division. Rust stated his support of the proposal. VOTE: 4-0. Van Vactor indicated that budget staff would return in July with the necessary budget adjustments.
7. PUBLIC WORKS
a. ORDER 94-6-28-3/In the Matter of Approving an Intergovernmental Agreement with ODF&W for Demolition of the Westfir (Catching) Dam and Authorizing the County Administrator to Sign the Agreement.
MOTION: Approval of the Order. Cornacchia MOVED, Roberts SECONDED. Rust commended Craig Starr on his work. Responding to Dumdi, Starr stated that OBEC has reported that the water intake is far enough upstream so as to not adversely affect the water supply in Westfir. VOTE: 4-0.
b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1052/In the Matter of Naming a Private Road Lee Lane (Second Reading and Public Hearing: July 20, 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 July 20, 1994 at 1:30 p.m. in Harris Hall. Dumdi MOVED, Roberts SECONDED. VOTE: 4-0.
8. CONSENT CALENDAR
A. Approval of Minutes
B. County Administration
1) ORDER 94-6-28-4/In the Matter of Granting the County Administrator Authority to Execute 1994/95 Agreements for Intergovernmental and Association Dues and Payments.
C. Health and Human Services
1) ORDER 94-6-28-5/In the Matter of Closing Library Fund (Fund 26) and Directing Current Proceeds to the Lane Council of Librarians and Future Proceeds to the General Fund (Fund 24).
D. Human Resources and Management Services
1) ORDER 94-6-28-6/In the Matter of Accepting the Proposal to Provide Banking Services to Lane County for Fiscal Years Ending June 30, 1995, 1996 and 1997 With an Option to Renew for 1998, 1999 and 2000.
2) ORDER 94-6-28-7/In the Matter of Readopting Lane Manual 4.020 Relating to Investment Policies.
3) ORDER 94-6-28-8/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Ted Sipkowski (Map/Tax Lot #17-05-13-20-02700, Adjacent to 89590 Fir Butte Rd, Eugene).
4) ORDER 94-6-28-9/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to David D. Davini Jr. (Map/Tax Lot #17-02-21-00-00123, Adjacent to 36159 Camp Creek Road, Springfield).
E. Public Safety
1) ORDER 94-6-28-10/In the Matter of Authorizing Renewal of a Professional Service Contract with Dr. John V. Alcott for the Purpose of Providing Physician Services to Adult Corrections Inmates.
2) ORDER 94-6-28-11/In the Matter of Authorizing Renewal of an Intergovernmental Agreement With the Oregon Emergency Management Division.
F. Public Works
1) ORDER 94-6-28-12/In the Matter of Awarding a Contract to Babb Construction Co. Inc. DBA Delta Construction Co. for Grading, Basing and Paving River Road and Love Lake Road Intersection (M.P. 1.26 to M.P. 1.68), Contract No. 93/94-24.
2) ORDER 94-6-28-13/In the Matter of Awarding a Contract to Sahlberg Equipment, Inc. in the Amount of $31,461 With Trade-Ins, for the Purchase of Three (3) New Tow Highway Brooms, Contract FY93/94 FS-07.
3) ORDER 94-6-28-14/In the Matter of Awarding a Contract to Triad Mechanical, Inc. for Three Environmental Projects at Delta Complex, Contract No. 93/94-08 (a).
4) FINAL ORDER 94-6-28-15/In the Matter of Alteration of a Portion of County Roads No. 1216, 845, and 505 (Commonly Known as Clear Lake Road, Alvadore Road, and Snyder Road) and Being Located Within Section 2 and 22, Township 17 South, Range 5 West of the Willamette Meridian.
5) ORDER 94-6-28-16/In the Matter of Vacating the Alley in Block 3 in the Plan of Elmira as Platted and Recorded in Book 2, Page 14, Lane County Plat Records, Without a Public Hearing, and Adopting Findings of Fact (17-06-25).
6) ORDER 94-6-28-17/In the Matter of Accepting Parcels of Land for Public Road Purposes for Boiler Creek Road and Ewing Road in Section 10, Township 16 South, Range 2 West of the Willamette Meridian.
7) ORDER 94-6-28-18/In the Matter of Accepting Parcels of Land for Public Road Purposes in Section 11, Township 16 South, Range 2 West of the Willamette Meridian.
8) ORDER 94-6-28-19/In the Matter of Amending an Agreement with OBEC Consulting Engineers for Construction Engineering Services for Petzold Road, Dale Kuni/Gibson Lane Bridges and Spring Creek Culvert.
9) ORDER 94-6-28-20/In the Matter of Amending an Agreement with OBEC Consulting Engineers for Additional Final Design and Construction Engineering Services for Bridge Street Bridge.
G. Youth Services
1) ORDER 94-6-28-21/In the Matter of Approving an Application for $2.5 Million for 1994-99 From the National Center for Substance Abuse Prevention for a Community Prevention Coalition Demonstration Pilot Project Grant.
This item was taken out of order.
Roberts disclosed, with regard to Item D.4), that his brother is the attorney for David Davini.
Cornacchia asked that Items B.1), F.1), 2), 3), 8) and 9) be pulled from the Consent Calendar.
MOTION: Approval of the Balance of the Consent Calendar. Roberts MOVED, Dumdi SECONDED. VOTE: 4-0.
With regard to all of the items pulled from the Consent Calendar, Cornacchia used them as examples of the amount of redundancy created by the current limitations on the County Administrator's authority. Noting that he was not asking for a change today, Cornacchia suggested that Van Vactor and Teresa Wilson, County Counsel, confer regarding possible elimination of agenda items seeking County Administrator authority to execute agreements previously approved by authority of the Budget Committee or other decisions. There was consensus by the Board that Van Vactor and Wilson should research this issue and report back.
MOTION: Approval of the balance of the Consent Calendar. Cornacchia MOVED, Dumdi SECONDED. VOTE: 4-0.
7. PUBLIC WORKS
c. ORAL REPORT BACK/EFU Interim Zoning Provisions Regarding Anticipated Resources Allotment/How Other Counties are Handling.
Roy Burns, Land Management Manager, reviewed the agenda memorandum (see material on file) and also reported that Washington County is allowing individuals to proceed at their own risk and not applying the Administrative Rules, although he was not sure any applications had actually been processed. Burns indicated that Marion County has defined all of their areas as high value and are applying the high value standards. He stated that his conservative recommendation is to advise that only those applications that meet all three standards would be processed. Cornacchia stated that he appreciates the conservative approach, but remarked that he is tired of being cautious. He stated that he was willing to add to the workload of staff and process those permits that include waivers holding the County harmless. Cornacchia did express concern that citizens could make poor decisions if they had not received professional advice. Burns noted that it is his experience that most rural citizens are not represented by attorneys or land use consultants.
Noting that people could still prevail under the old system, via appeal, Roberts stated that he was inclined to go with Burns' recommendation. He indicated that this would give more protection as people are likely to be more fully advised by then of what they are getting into and the Board could still, at that point, make the decision to grant the appeal in return for the waiver. Cornacchia observed, however, that on appeal, the Hearings Official would process the appeal based on the criteria in place in the County, likely resulting in denial of the appeal. Roberts agreed with Cornacchia's point. Responding to Rust, Stephen Vorhes, Assistant County Counsel, stated that there was always the potential for Commissioners to incur personal liability, but indicated that should not be a problem as long as disclosure is provided. Roberts observed that if the only question on appeal is the Administrative Rule, then the original appeal case would set the precedent upon which others following would be based. He maintained that the basic question is whether the Board is comfortable today making the decision to let people waive County liability and go forward at their own risk. Roberts questioned how it might look to a judge if Lane County keeps handing out permits while this is being contested in Court. Responding to Roberts, Vorhes indicated it is fairly consistent to be taking the position with individual permits that the Administrative Rule is not a) applicable and b) it is not valid. With regard to the applicability issue, Vorhes cautioned not to discount the hearings official, because the hearings official, after looking at the facts and the law, could make a call on applicability that differs from others' reading of the Administrative Rule. With regard to how a judge or reviewing body may view this, Vorhes noted LUBA would have difficulty making determinations if Lane County were not present to explain its position with regard to the hold harmless.
Rust indicated his intent to go with the staff recommendation based partially on the workload issue, but mostly on the principle that the litigation should be taken care of first. He still expressed some concern about the issue of personal liability. Dumdi, noting that she has been telling people to wait until after the litigation is settled, stated that she was inclined to support Cornacchia's position, but declared her support for the staff recommendation and urged dealing with the legislature on the issue. Roberts reiterated that the appeal option will still be available.
Burns summarized his understanding of Board direction to be that requests for applications must be consistent with ORS as promulgated under 3661, Lane Code and the existing Oregon Administrative Rules in order for permits to be issued. He continued that permit applications inconsistent with the Oregon Administrative Rules will be denied and the individual applicant will have an opportunity to appeal that through the process. Burns added that Land Management's recommendation on the first appeals to come through would be for the Board to hear the appeal. Cornacchia remarked that he still dissents from the majority opinion.
9. HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 94-6-28-22/In the Matter of Accepting Plan/Amendment Approval Form #54 to the 1993-95 Intergovernmental Agreement #20-001; Authorizing the County Administrator to Sign the PAAF and Decreasing the Appropriations $147 in Revenues and Expenditures in Fund 24 for Services to Individuals With Developmental Disabilities.
Rust opened the Public Hearing. There being no one present who wished to testify, Rust closed the Public Hearing. MOTION: Approval of the Order. Cornacchia MOVED, Roberts SECONDED. VOTE: 4-0.
b. ORDER 94-6-28-23/In the Matter of Appointing Designees of the Community Mental Health Director to Direct a Peace Officer to Take a Mentally Ill Individual Into Custody.
MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 4-0.
10. YOUTH SERVICES
a. ORDER 94-6-28-24/In the Matter of Delegating Authority to the County Administrator to Execute Contracts With the Lane Education Service District, and Bethel, Blachly, Eugene, and Springfield School Districts for a Total of $534,465 to Serve Level 7 Youth.
MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. VOTE: 4-0.
City of Springfield
City of Springfield
City of Eugene
MOTION: Approval of the Plats. Dumdi MOVED, Roberts SECONDED.
12. EMERGENCY BUSINESS
3. Rust reported that there would be a meeting of the Metropolitan Policy Committee Plan Amendment Resolution Group today and he was hopeful that issues would be resolved.
Rust observed a recent resignation on the Lane County Planning Commission and appointed Roberts and Dumdi to commence the appointment process.
With regard to the task force of 12 to review the future use of room tax revenue, Rust reported that only nine applications had been received. He questioned whether this indicates a lack of interest and asked if the Board would like to put this on hold or recruit further. Cornacchia observed the need for information with regard to opinions on the best use of room tax dollars. Roberts concurred, suggesting that if the nine applicants are not representative, then perhaps another recruitment should occur. Dumdi concurred. Rust remarked that he would have Stephanie Schulz analyze the nine applications, looking for representation, and perhaps do telephone recruitment to fill the balance of needs.
Dumdi reported that the Bach Festival's 25th season is in progress.
Roberts stated that the Commission on Children and Families' retreat had been held and a lot of progress was made toward completion of the report.
There being no further business, this meeting adjourned into Executive Session at 11:00 a.m.
Sharon Giles, Recording Secretary
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