BOARD OF COMMISSIONERS'
October 26, 1994
Harris Hall Main Floor
Chair Jerry Rust presided with Steve Cornacchia, Ellie Dumdi (excused until arrival at 9:37 a.m.), Marie Frazier and Jack Roberts (excused until arrival at 10:13 a.m.) present. Sharon Giles, Recording Secretary.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
R.W. Gruener, 38851 Highway 58, stated his belief that the zoning of Parcel 1901 is flawed. He stressed that vested rights should not be a consideration for this parcel. Gruener indicated that conditional permits were issued and became null and void as conditions were not met. He summarized that due to multiple improprieties, the zoning should return to Rural Residential.
Tony Pillera, 36761 Immigrant Road, commented that the neighbors submitted a 12-page document to the Commissioners on July 27 objecting to the Hearings Official's decision to deny their appeal. He stressed that the site would be unsightly, obnoxious and hazardous to the rural residential environment. Pillera expressed surprise at the current staff recommendation and asked the Board to decide against this site.
David Jampolsky, 36945 Immigrant Road, agreed with the previous speaker. He stated that there have been flaws in the decision-making process since the very beginning. Jampolsky addressed environmental concerns including pesticides, solvents, air pollution, dust and diesel. He observed the potential for a reduction in property values. Jampolsky remarked that the alternative site makes more economic sense.
Ivan Brockamp, 36818 Immigrant Road, observed that a private property owner would never be allowed to do what the County is proposing on this site. He noted that truck drivers use the "point of least resistance," which is Immigrant Road, instead of Highway 58.
Larry Biggersteff, 36887 Immigrant Road, expressed his belief that the County used poor judgment in choosing this property. He noted that it has limited drainfield space and that the 24-hour lighting would reflect into the windows of the six nearby properties.
Jean Pillera, 36761 Immigrant Road, remarked on the potential for the loss of market value in the neighborhood and the intrusion into the daily lives of nearby homes.
Catherine Boucher, 36785 Immigrant Road, agreed with all previous speakers.
Jane Walker, 84404 Pheasant Lane, stated her concerns about the creek that runs through the property as she has horses grazing along the creek which goes through her property, too.
Judy Carter, 84155 Pierland Lane, commented that she also raises horses close to the site. She displayed a visual aid denoting residences close to the site. Carter remarked that planting trees as a buffer will not work in that type of soil, as she has tried it herself. Carter expressed concern about safety as the road is frequently used as a shortcut.
Hilton Paulman, 82854 Rattlesnake Road, asked the Board to listen to the people and not approve the location of a zone shop on this site.
Sara Anderson Sprague, 36850 Immigrant Road, distributed letters from people who couldn't be present today (see material on file). She stated that she is the person who filed the LUBA appeal on behalf of the neighborhood, indicating that she would continue to fight the zoning of this site.
Rob Laney, 36765 Immigrant Road, asked the Board to consider the impacts to the residents on Immigrant Road. He distributed a copy of DMV statistics for the area (see material on file).
Andre Carpenter, 84100 Hilltop Drive, agreed with all previous speakers, expressing disbelief that an industrial site could be placed in the midst of a farm area.
Richard Reitz, 84100 Hilltop Drive, indicating he was speaking from the perspective of someone not directly impacted by this decision. He stressed that an industrial area like this should be hidden and cause low impact.
Larry Thorp, 644 North A Street, Springfield, stated that he was present on behalf of the Springfield Country Club. He spoke with regard to Marcola Road and its intersection with Sunderman Road, remarking that the Country Club owns abutting property. Thorp explained that the Country Club desires to exchange the balance of an adjoining 2-acre parcel (after right-of-way) for the Country Club's portion of right-of-way that is needed.
Dumdi arrived at 9:37 a.m.
Thorp continued, referring to Item C.3. under today's Consent Calendar, which would authorize the property management officer to sell the adjoining surplus property. Thorp requested that this parcel be removed from the potential sale list and that the exchange take place.
6. PUBLIC WORKS
d. REPORT BACK, DISCUSSION AND ACTION/Reviewing Sites for Relocation of the Dexter (Zone 6) Road Maintenance Shop and Providing Direction for Staff.
This item taken out of order.
Ollie Snowden, County Engineer, circulated aerial photographs of both sites under consideration. He explained that either site will work for the operation of the shop and are comparable with regard to environmental impact, noting, however, that the Dexter Road site has a Class 1 stream that runs through it. Snowden remarked that there is no way of knowing if the same objections will occur with regard to the Dexter Road site. He observed that there are more residences in the general vicinity of the Pheasant Lane site. Snowden indicated that the Dexter Road site would cost approximately $80,000 more for site development. He commented that there are other zone shops in the county that are close to residential areas. Snowden explained that the essential issue is whether the zoning for the Pheasant Lane site was appropriate in the first place. He summarized that staff recommends the Pheasant Lane site because it meets both DEQ and Lane Code requirements and is also less expensive to develop. Snowden made available a zoning map of the Pheasant Lane area.
Frazier reported that many citizens expressed concern about the integrity of the process at the April 13 meeting. She explained that prior to 1968 the property was zoned Agricultural and when it was changed to the M-2 designation, Bob Ellers promised residents that if the industrial use ceased, the zoning would revert back to Agricultural, which did not occur. She noted that the Board had requested four things on March 16, i.e. a review of the process for site selection and acquisition, that the process be put on hold, that other possible options be explored and that work be done on a "good neighbor" definition from the neighbors. Frazier stressed that with all things considered (land use, site development, environmental issues, etc.), she believed the sites were equal. She indicated her support of the Dexter site, based on it being a "good neighbor" choice. Frazier suggested that, if the Board concurred, there be a discussion regarding process for a zone change on the Pheasant Lane site to Agricultural.
Cornacchia noted that on a technical and financial basis, he had come to the same conclusions as staff. Observing that the Board can go beyond the technical reasoning and apply a political overlay, Cornacchia expressed his support of Frazier's suggestion, indicating that Pleasant Hill is already "getting pounded" by government with regard to Highway 58/connector roads.
Dumdi observed that the Junction City and Florence zone shops are close to expensive property and there are no problems. She asserted that the concerns may be overstated and the alternative site may have the same issues come up. However, Dumdi indicated she would not go against her colleagues' conclusions, but maintained that she doesn't see the grave concerns.
Rust acknowledged that if the Dexter site is chosen there will be more cost, indicating that over a 50-year period it is not excessive. He indicated that his main concern is that Highway 58 is extremely dangerous and opening the zone shop there runs contrary to limiting access onto that dangerous corridor. Rust did express concerns about the Lost Creek site with regard to the potential for environmental degradation of Lost Creek. He suggested a review of the County's ability to contain oil, spills, leakages, etc. and that that be wrapped into any decision made today. Rust commented that the Dexter site is a cluster of three industrial parcels. He indicated his support of going after the Dexter site, asking for a review of containment procedures and initiating a review of the zoning and planning for the Pheasant Lane site.
MOTION: Moved as delineated by Rust in the preceding sentence. Frazier MOVED, Dumdi SECONDED. Responding to Snowden, Rust indicated that the timing of the environmental review could run concurrently with the shift to the other site. Cornacchia agreed with the need to have a work session outlining containment policies. VOTE: 4-0.
This meeting recessed at 10:05 to reconvene at 10:13 a.m.
Roberts arrived at 10:13 a.m.
3. COMMISSIONERS' ANNOUNCEMENTS
To be held later in the meeting.
4. COMMISSIONERS' BUSINESS
a. RECOGNITION/Lane County Fire Fighters.
RESOLUTION 94-10-26-18/In the Matter of Recognizing Outstanding Service of Lane County's Firefighters to the Communities They Serve.
Frazier read the Resolution into the record and indicated that there were 7 representatives present from the 28 Fire Districts in Lane County. Chip Darling, Lane Rural Fire Rescue, thanked the Commissioners for the recognition, noting that fire agencies' roles have expanded to include emergency medical services, rescue, hazardous materials response, etc. Dennis Murphy, Chief, Springfield Fire and Life Safety, commented that the backbone of fire service is volunteers. MOTION: Approval of the Resolution. Frazier MOVED, Dumdi SECONDED. VOTE: 5-0. Frazier observed that certificates of appreciation would be mailed to approximately 1,000 firefighters in Lane County. Copies of the Resolution were presented to Chip Darling, Lane Rural Fire Rescue; Joe Brewer, Lorane RFD; Skip Smith, Santa Clara RFD; Lyle Payne, Pleasant Hill RFD; Aaron Gibson, Goshen RFD; Ken Johnson, Cottage Grove and South Lane RFD; and Dennis Murphy, Springfield Fire and Life Safety.
b. ORAL REPORT BACK/Meeting With Employees Regarding PERS and Public Contracts.
Rust announced that a press conference has been scheduled at 11:30 a.m. with regard to this matter, and that this Report would be held just prior to that time.
5. EXECUTIVE SESSION as per ORS 192.660
6. PUBLIC WORKS
a. ORDER 94-10-26-1/In the Matter of Accepting an Oregon Parks and Recreation Department County Opportunity Grant for Improvements at Harbor Vista Park and Delegating Authority to the County Administrator to Sign the State/Local Agreement.
MOTION: Approval of the Order. Cornacchia MOVED, Frazier SECONDED. Cornacchia asked that the Parks Department consider finding a way to get seniors to return to Harbor Vista. VOTE: 5-0.
b. ORDER 94-10-26-2/In the Matter of Appointing One Member to the Resource Recovery Advisory Committee.
MOTION: Approval of the Order appointing Cindy Casey to the Resource Recovery Advisory Committee. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.
c. ORDER 94-10-26-3/In the Matter of Appointing Two Members to the Lane County Planning Commission (LCPC).
MOTION: Approval of the Order reappointing Margaret Holemar Thumel and Malcolm H. Scott. Cornacchia MOVED, Roberts SECONDED.
e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1065/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Natural Resource: Mineral" and Rezoning that Land from "E-30/Exclusive Farm Use" to "SG/Sand Gravel & Rock Products," and Adopting Savings and Severability Clauses (File PA 4001-93; Egge) (Second Reading and Public Hearing: November 9, 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 November 9, 1994, at 1:30 p.m. Rust MOVED, Frazier SECONDED. Cornacchia stated that there are three different treatments of setbacks from the McKenzie (100, 150 and 300 feet). He asked that at the next reading staff give a recommendation based upon considerations of impact to the river. VOTE: 5-0.
f. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1066/In the Matter of Renaming a Portion of Row River Road to Sunflower Court (20-02-31) (Second Reading and Public Hearing: November 22, 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 November 22, 1994, at 1:30 p.m. Frazier MOVED, Dumdi SECONDED. VOTE: 5-0.
g. ORDER 94-10-26-4/In the Matter of an Appeal to a Director's Report Denying County Status to Heather Drive.
Oliver Snowden, County Engineer, briefly reviewed the agenda memorandum. MOTION: Approval of the staff recommendation upholding the Director's decision. Dumdi MOVED, Cornacchia SECONDED.
Gary Curtis, 88064 Heather Lane, stated that about 1990 there was an application for a subdivision called "Kickbush Cove", which fronts about half of Heather Lane. He continued that one of the stipulations in the application was that the road be brought up to county standards by the applicant for the subdivision. Curtis stressed that the road improvement was never done. He indicated that property owners went together last spring and graded the road and resurfaced it with crushed rock. Curtis said a subsequent application to be accepted into the county road system was denied. He asked the Board to reconsider and accept Heather Lane into the system.
Dumdi observed that there are a number of roads in the county that are public access roads, which require that the people living along those roads keep them in repair. She recognized that the only time a road is taken into the county system is when it has been brought up to county standards and it is some kind of a connecting road. Dumdi expressed concern about the precedent that might be set. Roberts observed that this decision is consistent with Board policy and that there is a difference between development of urban and rural subdivisions. VOTE: 5-0.
7. CONSENT CALENDAR
Frazier asked that Item C.3. be removed from the Consent Calendar.
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 94-10-26-5/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 According to ORS 426.215.
C. Human Resources and Management Services
1) ORDER 94-10-26-6/In the Matter of Awarding a Contract to the Trane Company for $188,400 for the Purchase of Two New, Replacement Chillers for the PSB/Courthouse.
2) ORDER 94-10-26-7/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Tom Lively (Map #17-04-01-32-02701, Adjacent to 600 River Loop 2, Eugene).
3) ORDER 94-10-26-8/In the Matter of Authorizing a Sheriff's Sale of Surplus County-Owned Real Property and Delegating Authority to the Property Management Officer to Remove Any Particular Parcel From Said Sale if Determined to be in the Best Interest of the County. (This item was pulled from the Consent Calendar.)
D. Public Works
1) ORDER 94-10-26-9/In the Matter of Authorizing an Intergovernmental Agreement With the City of Eugene for Sanitary Sewer Reimbursement for the River Loop #2 to Carthage Improvement Project.
2) ORDER 94-10-26-10/In the Matter of Awarding a Contract to BearCat Mfg., Inc. in the Amount of $103,000 With Trade-In, for the Purchase of One (1), New Chip Spreader, Contract FY94/95 ENG-01.
3) ORDER 94-10-26-11/In the Matter of Reestablishing the Township Corner of the Northwest Corner of Township 17 South, Range 3 West of the Willamette Meridian.
4) ORDER 94-10-26-12/In the Matter of Releasing, Dedicating, and Accepting Parcel "A," Third Addition to Peppermint Park, Book 49, Page 2, a Parcel of County Owned Real Estate, as a County Road (17-04-10) (Cinnamon Avenue).
MOTION: Approval of the balance of the Consent Calendar. Frazier MOVED, Dumdi SECONDED. VOTE: 5-0.
C. Human Resources and Management Services
3) ORDER 94-10-26-8/In the Matter of Authorizing a Sheriff's Sale of Surplus County-Owned Real Property and Delegating Authority to the Property Management Officer to Remove Any Particular Parcel From Said Sale if Determined to be in the Best Interest of the County.
MOTION: Approval of this Order with the deletion of Parcel #6, which is 17-02-03-800, with direction to use this parcel as consideration in Marcola/Sunderman Road right-of-way acquisition. Cornacchia MOVED, Frazier SECONDED. Teresa Wilson, County Counsel, observed that there is a minor risk that there could be a complaint that the property has not gone through a Sheriff's sale. VOTE: 5-0.
8. HEALTH AND HUMAN SERVICES
a. ORDER 94-10-26-13/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840) Effective November 1, 1994.
Bill Van Vactor, County Administrator, reported that this item would have come forward much earlier, but was held up because of state issues. MOTION: Approval of the Order. Roberts MOVED, Cornacchia SECONDED. Roberts noted that the Board has taken the position that there be no new taxes/fees before a vote on Measure 5. He stressed that this particular list of fees highlights the absurdity of putting items like this before the voters. Cornacchia noted that the department has been working on this since before June, but it was sent back to allow for a comparison with state fees. VOTE: 5-0.
9. HUMAN RESOURCES AND MANAGEMENT SERVICES
a. ORDER 94-10-26-14/In the Matter of Establishing a New Classification and Adopting a Salary Range for a Search and Rescue Coordinator Position in the Department of Public Safety.
MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.
b. ORDER 94-10-26-15/In the Matter of Appointing Seven Members to Boards I, II and III of the Board of Equalization and Two Members to Sit as an Alternate for Any Member of the Boards of Equalization.
MOTION: Approval of the Order. Cornacchia MOVED, Roberts SECONDED. VOTE: 5-0.
10. YOUTH SERVICES
a. ORDER 94-10-26-16/In the Matter of Accepting a Federal Grant for a Communication Supplement to Lane County Community Partnership, Appropriating Grant Funds to Budget of DYS, and Establishing a .5 FTE Position.
Karen Gaffney, Coordinator for the Community Partnership, provided a brief review of this item. MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.
b. RESOLUTION AND ORDER 94-10-26-17/In the Matter of Accepting a State Grant for Continuation of the Minority Advocacy Program, Appropriating Grant Funds to the Budget of the Depart-ment of Youth Services, and Authorizing the County Administrator to Execute Contracts for this Purpose.
John Ball, Commission on Children and Families, briefly reviewed this item, expressing appreciation for the Board's support. MOTION: Approval of the Order. Dumdi MOVED, Roberts SECONDED. VOTE: 5-0.
11. EMERGENCY BUSINESS
Van Vactor observed that there would be a NACO teleconference regarding the crime bill on Friday from 10:30 to 1:30. He also noted that the state of Connecticut has asked Steve Manela to make presentations in December with regard to subcontracting health services to private parties. Van Vactor distributed copies of a letter from the state of Connecticut, noting that all expenses will be paid by them.
3. COMMISSIONERS' ANNOUNCEMENTS
Frazier asked for support for direction and action with regard to an issue involving the Lane Regional Air Pollution Authority. She observed a recent incident wherein LRAPA's rigid regulatory process caused a company to lose over $700,000. Frazier indicated there were other issues, in addition to this one, and asked the Board to support she and Cornacchia looking into this further, bringing recommendations back to the Board later for further discussion/action. Noting that LRAPA was created as a local body to deal with local situations, Cornacchia expressed concern that LRAPA seems to fine first and ask questions second. He indicated that it has been suggested that the Board re-look at a recent decision to provide resources to LRAPA, and that notice be given that Lane County may move towards an expiration of its involvement/participation with LRAPA, moving towards having that regulatory process handled by the local DEQ office. Cornacchia suggested that there be a meeting first to include Frazier, himself, Stu Burge and Don Arkell, along with the recently impacted entity. He mentioned that that company has recently been taken care of and moved forward, but he continued that there is still discussion that needs to take place. Cornacchia indicated that concerns could be related to LRAPA and, depending on responses received, he would make a determination as to whether he would return to the Board with a recommendation that notice be given by December 31.
Dumdi commented that she thought the meeting was a good idea. She mentioned also that she has encouraged LRAPA to look at car emissions, not placing blame substantially with industry.
Roberts stated that he was interested in looking into the matter with regard to the regulatory process, adding that it was appropriate for commissioners to act in this manner.
(A verbatim transcript of the above discussion is available from the Board Secretary upon request.)
Frazier expressed her thanks to the RCIC staff and the volunteers on that committee. She noted that calls and inquiries have come in from other counties wanting to set up a similar program.
Cornacchia referred to his October 20 memorandum to the Board with regard to ITQ sablefish harvesting. He explained that Curry County has asked Lane County to support them in their opposition to the ITQ's and to support the Framework Proposal for Rational Sablefish Management. Rust agreed with the concern for sustainability and endorsed Curry County's position. Roberts, noting that he knows nothing about this issue, suggested softening the tone of a letter of support, focusing on support of sustainability.
Roberts observed that the local NAACP honored George Russell as the winner of the Willie Polite Award last Saturday. He congratulated Russell for his achievements.
Dumdi reported that she had attending the Metro Partnership breakfast this morning, noting that local business seems to be in an expansion mode.
Dumdi indicated that LCOG would be holding a meeting on Thursday night and asked for, and received, Board support for suggesting that grants come before the LCOG Board before they are solicited.
Rust volunteered to be the Board representative on November 4 with regard to working with consultants on a comprehensive solid waste management plan.
Rust stated that he called the Metro Partnership this morning, asking John Lively what can be done about retaining the Chef Francisco business locally.
Rust received concurrence to communicate to the Fair Board a proposal granting one ticket and one parking pass to Commissioners during the Lane County Fair.
4. COMMISSIONERS' BUSINESS
b. ORAL REPORT BACK/Meeting With Employees Regarding PERS and Public Contracts.
RESOLUTION 94-10-26-19/In the Matter of Opposing Ballot Measure Eight in the November Election.
Roberts explained that Measure 8 is a ballot measure that will be voted on November 8, that would require that public employees contribute 6% to their retirement, as well as some other technical adjustments. He reported that other jurisdictions have been entering into different contractual relationships to attempt to protect their employees from being subjected to that. Roberts stated that he and Rust had held four meetings with employees explaining why Lane County's Board was not doing the same thing at this time. He indicated that the reasons given to employees were public perception with regard to their right to vote, insensitivity to concerns being expressed and debated, and voter backlash.
Roberts continued that he and Rust were asking the Board to take a position as a Board against Measure 8. He stressed that almost no private pension plans require employee contributions. Roberts emphasized that the Board needs to go on record as recognizing what Lane County's employees have done over the last two years in taking no cost-of-living increase.
Lou Sinniger, AFSCME, stated that Measure 8 was designed with state employees in mind, but will affect all cities and counties who are mandated to be under the PERS system. He stressed that this interferes with local autonomy. Sinniger noted that the unions have worked with Lane County over the last two years, agreeing to no COLA's, working in partnership with the County in "interest-based" bargaining. He asked the public to vote "no" on Measure 8 and offered his support of the Board's stance.
Judy Noel commented that she works for Lane Council of Governments and is not an AFSCME member. She expressed concern about the impact that the passing of Measure 8 would have on Lane County. Noel remarked that the average $150 income reduction of Lane County employees will also affect the private sector in the form of less consumer spending. She noted that the money saved by Measure 8 will not help the local economy, but will go to the state's general fund. She asked for the Board's support against Measure 8.
Del Butts, President of AFSCME for Lane County, stated that the state constitution is not the place for reform of the PERS system. He asked the Board to oppose Ballot Measure 8.
Rust indicated that it was tempting to change the contract with employees to circumvent the potential effects of Ballot Measure 8, noting that the Board's democratic instincts prevailed as they did not want to pre-empt the voters' decision. He noted that the PERS pick-up was granted in the '70s in lieu of a salary increase. Rust agreed that PERS reform does not belong in the state's constitution. He stressed that County employees deliver vital services in a professional manner and don't deserve to be treated this way.
Rust read the Resolution into the record. MOTION: Approval of the Resolution. Dumdi MOVED, Roberts SECONDED. Roberts stated that the Eugene Chamber of Commerce had originally planned to take no position on this ballot measure, but their Board has since taken a position against Measure 8. VOTE: 5-0.
There being no further business, this meeting adjourned at 11:43 a.m.