APPROVED 6/26/95

May 3, 1995
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.

 Chair Ellie Dumdi presided with Steve Cornacchia, Bobby Green, Sr., Jerry Rust and Cindy Weeldreyer present. Sharon Giles, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

Bill Van Vactor, County Administrator, announced that Mike Perkins and John Goodson would speak after Public Comment regarding the Delta Ponds.

2. PUBLIC COMMENTS

Jerry Ritter, 1865 Yolanda, Springfield, indicated that he is chair of Neighbors United Against Annexation and is representing 3,000 people. He presented a certified copy of the "NUAA Anti-Annexation Petition," which he stated had also been presented to the Springfield City Council. Ritter expressed concern about any potential vote which would use the ORS 195 method, by combined vote of the city and the proposed area. He noted that ORS 195 prohibits such an election unless all local governments and service agencies have "bought off" on an urban services agreement. Ritter indicated that Weeldreyer and Cornacchia were both on record as opposing that method and Weeldreyer has stated that she would only approve of a double majority vote. He asked that the Board not approve any agreement that allows the City to go forward with a combined election. Ritter presented the petition and five copies of the executive summary (see material on file). Responding to Cornacchia, Ritter indicated that Councilor Ralph Walters had said "we'll have an election" and that no one else had spoken up in support or against. Cornacchia remarked that the service agreement with Willamalane was on the council's agenda several meetings ago and that that agreement included the statement that the agreement may be used for purposes of annexation. He added that it was his understanding that the council had struck that from the agreement. Ritter stated that the latest copy he has still has the statement in it. Ritter indicated that he would check to see if that was a signed copy.

Jan Wroncy, P.O. Box 1101, Eugene, distributed copies of a newspaper picture of a roadside spraying truck which she indicated shows "drift" potential. She also presented a copy of a computer tape showing how much herbicide was applied, noting that it shows three different passes with different chemicals at Clear Lake (see material on file). Wroncy remarked that this is not the policy of the IVM to come back every year and spray a road. She distributed copies of pictures of spraying at other sites (on file with Mike Perkins). Wroncy stressed that staff should use other methods after vegetation is under control. She emphasized that the use of herbicides by the County at this time is indefensible.

Norm Fogelstrom, 32821 Tate Road, Creswell, referred to a letter he sent to Jeff Turk, indicating that it is his statement. He spoke with regard to Ivan Thompson's option on the mill site in Westfir, which he indicated had been assigned to him (Fogelstrom). Fogelstrom asked for a 90-day extension as he is very interested, but has had only had 30 days to review the matter. He indicated that he is a developer/designer and hopes to work with Westfir.

Jim Seaberry, 3294 Stark, Santa Clara, spoke with regard to the transfer of seven streets/roads in Santa Clara/River Road to the city of Eugene. He remarked that he has mixed emotions. Seaberry indicated that he has had the opportunity to pay more attention to how city streets are maintained. He noted that the city of Eugene does not seem to be concerned about the condition of their roads. Seaberry stressed that he is still against turning the roads over to the city.

Public Works Presentation regarding Vegetation Management - Delta Highway

At this time Mike Perkins, Public Works Vegetation Management, distributed copies of material he would be referring to, dealing with questions regarding the policy of herbicide treatments near or around water (see material on file). With regard to Delta Highway, he stated that a 100-foot buffer is used and they utilize timely mowing and manual control by inmate crews. Perkins indicated that there has been chemical control for grass right at the shoulder by the road. He remarked that when he looked at the schedule of treatments, he had noted that different techniques were used each year. Perkins stated that staff will not be using Garlon this year. With regard to yesterday's discussion on the pond area, Perkins noted that there are 5.2 shoulder miles in that area and that approximately 1/2 mile has been eliminated because of its proximity to the ponds. Rust observed that it does appear that the program is trying to honor the 100-foot rule, but noted that the aquatic systems are all linked up, including ditches close to roads. Rust stated that it seems like the County should hold back farther than 100 feet in this area because of that fact. Rust asked what the harm would be to the overall program if there was no spraying between the cloverleaf and Valley River. Perkins indicated that in the short term, they would address it by mowing; and in the long term, the problem may be with the species that are more difficult to control. He remarked that Rodeo is an aquatically licensed chemical and has no drift.

Responding to Cornacchia, Perkins indicated that Garlon is done by spot application only at the Delta site, while at some other locations it is applied by spray truck application. Cornacchia noted that the policies are considerate of the conditions that exist around waterways, but that the Board does have political considerations to take into account, given that this area is proposed for substantial development for the purpose of human recreation. He added that it appears that there is value in going beyond stated policies with a political overlay. Cornacchia suggested consideration of a no-spray zone between Cal Young and the Goodpasture Island Road cloverleaf. He indicated that he doesn't think there is a case to retreat from the general policy, but that he has more concerns in the case of water situations. Perkins stated that staff could then go to the manual method which would be a little more costly and will present a greater risk with people working in a high volume traffic area.

Green remarked that he could support Cornacchia's comments, but does have concerns regarding the risk exposure and the costs. He asked where the costs would be borne and whether there are other alternatives. Perkins noted that the cost would be mainly inmate labor. Green asked if there were any other comparable situations, since this seems to be an exception. Rust observed that the Siltcoos area also has aquatics on both sides. MOTION: Designate the area of Delta Highway between Goodpasture Island Road and Cal Young Road, adjacent to the pond area, as a no-spray zone. Rust MOVED, Cornacchia SECONDED. VOTE: 5-0.

Weeldreyer expressed concern about Wroncy's photographs and asked how close spraying is done to parks. Cornacchia indicated that he was supportive of the eradication of poison oak around campgrounds, but noted that the photos do seem to show spraying of spots right next to tent sites. Consensus was reached to assign review of spraying at campgrounds to the Vegetation Management Advisory Committee and ask for a report back on May 30.

3. COMMISSIONERS' ANNOUNCEMENTS

To be held at approximately 10:40 a.m.

4. RESOLUTIONS

a. PROCLAMATION 95-5-3-21/In the Matter of Recognizing the 25th Anniversary Celebration of the Saturday Market and Commending the Saturday Market for its Role in Lane County.

Rust made comments on the positive components of the Saturday Market. He read the Proclamation into the record. MOTION: Approval of the Proclamation. Rust MOVED, Green SECONDED. VOTE: 5-0.

b. RESOLUTION 95-5-3-22/In the Matter of Proclaiming May 6, 1995 as Public Health Nurse's Day.

Rob Rockstroh, Director of Health and Human Services, read the Resolution into the record. MOTION: Approval of the Resolution. Weeldreyer MOVED, Green SECONDED. VOTE: 5-0.

5. COMMISSIONERS' BUSINESS

a. ORDER 95-5-3-1/In the Matter of Residential Housing Citizen Advisory Committee Appointee.

Dumdi discussed this matter briefly. Rust commented on the need for balance and suggested that parties be recommended who have a broader interest in planning/zoning/building, etc. Cornacchia suggested advertising with the criteria described by Rust. Rust suggested looking at members of the planning commission. Green suggested looking at the pool of former applicants and Rust also suggested past members of the planning commissions. He indicated that he would check with John Van Landingham regarding his residence/availability and report back after lunch.

b. Computers 103.

David Suchart, Internal Performance Auditor, observed concern about the ability to serve the Board well, noting that he has put together a team, the Management Information Systems Team (MIST), and will work with the members of MIST, eventually presenting the Board with policies that need to be covered, background, education and options/recommendations on the issues. Responding to Cornacchia, Suchart indicated that one of the first goals will be to provide the Board with information/direction with regard to their meeting with the REG partners in July. Van Vactor remarked that the county needs to be able to speak with a single voice at RMT and REG. There was consensus by Board to follow Suchart's course of action.

6. EXECUTIVE SESSION as per ORS 192.660

To be held later in the day.

  7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor indicated that Lou Sinniger has asked if the Board would support a resolution indicating that Lane County supports the current collective bargaining law. Cornacchia remarked on the need for some changes in SB 750, stating that it would be difficult to say that the status quo is the best situation. He recommended that AOC keep working on changes to the bill and that the Board suggest to Sinniger that total support of the status quo is not an appropriate position for the Board to take at this point. Rust and Weeldreyer noted that Lane Community College has recommended no changes in the process this year. Green indicated that it may be premature to take a position at this time. Cornacchia observed that he would rather address comments to the bill itself rather than take a position of no change. The majority of the Board agreed to make no statement at this time. Teresa Wilson, County Counsel, noted that the Management Team would probably like to have an opportunity to make comments on the bill. Cornacchia suggested the involvement of all of the County's unions. Weeldreyer suggested a resolution highlighting Lane County's concerns with the bill. Cornacchia indicated he would check with AOC on the current status of the bill. Cornacchia remarked that he and Dumdi would also work with this at the AOC level.

b. ORDER 95-5-3-2/In the Matter of Transferring $37,563 in Community Corrections Act Grant Funds from General Expense, Materials and Services, to the Department of County Administration for Expenses Related to the Criminal Justice Council Planning Project.

MOTION: Approval of the Order. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1072/Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural," Rezoning that Land from "E-30/Exclusive Farm Use" to "RR-5/Rural Residential 5," and Taking Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 0229-95; Henton). (Second Reading and Public Hearing: May 16, 1995, 1:30 p.m., Harris Hall Main Floor).

MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for May 16, 1995 at 1:30 p.m. Cornacchia MOVED, Rust SECONDED. VOTE: 5-0.

This meeting recessed at 10:30 a.m. to reconvene at 10:45 a.m.

9. CONSENT CALENDAR

A. Approval of Minutes

B. County Administration

1) ORDER 95-5-3-3/In the Matter of Committing $1,000 in Video Lottery Funds for Building Permit Fees for BRING Recycling Facilities at the Franklin Boulevard Warehouse Site. (PULLED FOR DISCUSSION)

2) ORDER 95-5-3-4/In the Matter of Transferring $7,400 from Personal Services to Capital Outlay to Replace Four Outdated Computer Work Stations.

C. Assessment and Taxation

1) ORDER 95-5-3-5/In the Matter of Refunds to Bandac & David E. Carmichael, Attorney; Travelers Insurance Company & David E. Carmichael, Attorney; Travelers Insurance Company & David E. Carmichael, Attorney; and McKay Investment Company 1-2 and Waremart, Inc. 1-2; John Hancock Property LTD Partnership & Real Estate Tax Services, Inc.

D. Health and Human Services

1) ORDER 95-5-3-6/In the Matter of Accepting a Contract with Lane Individual Practice Association, Inc,; and Delegating Authority to the County Administrator To Sign a Contract with Lane Individual Practice Association, Inc.

E. Human Resources and Management Services

1) ORDER 95-5-3-7/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Richard Kossol (Map #18-04-13-00-01405, Adjacent to 5150 Blanton Road, Eugene).

2) ORDER 95-5-3-8/In the Matter of Executing a "Declaration" on County-Owned Real Property In Order To Facilitate Removal of a Lien by the U.S. Environmental Protection Agency (Assessor's Map #21-25-12-41-04600; 21-35-07-40 Tax Lots 102, 103, and 125--The Former Hines Mill Site, Westfir, OR). (TO BE HEARD AFTER EXECUTIVE SESSION.)

F. Public Works

1) ORDER 95-5-3-9/In the Matter of Awarding a Contract to Volker Stevin Pacific, Inc. for Sewers, Grading, Basing, Paving, and Signals--Irving Road (Highway 99 to River Road), Contract No. 94/95-13.

2) ORDER 95-5-3-10/In the Matter of Awarding a Contract to Eugene Sand & Gravel, Inc. for Oil Rock and Sanding Production Various Stockpile Sites, Contract No. 94/95-15.

3) ORDER 95-5-3-11/In the Matter of Entering into Agreements with OBEC Consulting Engineers and CH2M/Hill Northwest, Inc. for Engineering Services for Fiscal Years 1995/95 Through 1996/97 Bridges.

4) RESOLUTION AND ORDER 95-5-3-12/In the Matter of Improving 6th Street South from Johnson Avenue to I-5 Interchange. (PULLED FOR INDIVIDUAL VOTE.)

5) RESOLUTION AND ORDER 95-5-3-13/In the Matter of Improving North 19th Street and Yolanda Avenue from Springfield City Limits to North 23rd Street. (PULLED FOR INDIVIDUAL VOTE.)

6) ORDER 95-5-3-14/In the Matter of Establishing a Public Road (Herman Cape Road) as a County Road, Being in Township 17 South, Range 12 West, Sections 14, 15 & 23, W.M. (17-12-14 & 15 & 23).

7) ORDER 95-5-3-15/In the Matter of Accepting a Deed of Land as a Reserve Parcel for "E" Street in the Second Amended Plant of Fern Ridge, Book 6, Page 28, Lane County, Oregon, Plat Records (16-05-34).

G. Youth Services

1) ORDER 95-5-3-16/In the Matter of Approving an Application for $900,000 for 1995-98 from the National Center for Substance Abuse Prevention for a Community Prevention Coalition Demonstration Pilot Project Grant.

2) ORDER 95-5-3-17/In the Matter of Authorizing the Department of Youth Services To Apply to the Center for Substance Abuse Treatment for $1,000,000 in Grant Funds To Plan, Implement, and Evaluate the Youth Intervention Network.

Cornacchia asked to have Items B.1), F.4) and F.5) pulled from the Consent Calendar. He noted that F.4) and F.5) were simply to allow for a separate vote so that he could express his disagreement with the Board on its assessment policy on collectors. Wilson requested that E.2) be held until after Executive Session.

MOTION: Approval of the balance of the Consent Calendar. Rust MOVED, Cornacchia SECONDED. VOTE: 5-0.

B. 1) ORDER 95-5-3-3/In the Matter of Committing $1,000 in Video Lottery Fund for Building Permit Fees for BRING Recycling Facilities at the Franklin Boulevard Warehouse Site.

Cornacchia asked for help to understand the policy that says BRING should get use of the property for free and now should get building permit fees paid for by the public when private recyclers do not get that treatment. He indicated that he personally believes it is time for BRING to stand on its own, as if they are in competition, then they need to be on the same footing as competitors. Rust remarked that there are subsidies to business, such as Sony, with the intent to recognize economic development. He noted that this is a subsidy to a nonprofit. MOTION: Approval of the Order. Rust MOVED, Green SECONDED (for discussion). Dumdi remarked on the fund that this money would come from, noting that this comes from the Economic Development Standing Committee's small economic development projects fund, which is set aside to assist small businesses when they are in a job-creating mode. Cornacchia indicated he would be supportive if this would help clean up the Seavy Loop site. Weeldreyer remarked that having the offices on site would probably be helpful. Van Vactor indicated he would ask Mike Turner to provide a memo to the Board regarding the potential for cleaning up the site. VOTE: 5-0.

F. 4) RESOLUTION AND ORDER 95-5-3-12/In the Matter of Improving 6th Street South from Johnson Avenue to I-5 Interchange.

F. 5) RESOLUTION AND ORDER 95-5-3-13/In the Matter of Improving North 19th Street and Yolanda Avenue from Springfield City Limits to North 23rd Street.

MOTION: Approval of Orders 95-5-3-12 and 95-5-3-13. Cornacchia MOVED, Rust SECONDED. Cornacchia remarked that he wanted to remain consistent with his position regarding collectors. Weeldreyer concurred with Cornacchia. VOTE: 3-2, Cornacchia and Weeldreyer dissented.

10. ASSESSMENT AND TAXATION

a. ORDER 95-5-3-18/In the Matter of Appointing One Member to the Farm Review Board Advisory Committee.

MOTION: Approval of the Order appointing Robert Nielsen to the Farm Review Board Advisory Committee. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.

11. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 95-5-3-19/In the Matter of Appointing Four (4) Members to the Human Rights and Affirmative Action Advisory Committee.

MOTION: Approval of the Order appointing Lynn Burditt, Carey Drayton, Faye Morales and Jeniffer Ortiz to the Human Rights and Affirmative Action Advisory Committee. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.

12. EMERGENCY BUSINESS

None.

3. COMMISSIONERS ANNOUNCEMENTS

Green remarked that he had gone up to the Capital last week with representatives from the city of Eugene to lobby the Governor regarding his veto potential on the use of video poker lottery money towards public safety.

Green also reported on his attendance at the "Transforming Local Government Conference" last week and made observations on various information he gleaned.

Rust remarked that he had talked with John Van Landingham who commented that he was being reappointed to the Eugene Planning Commission and was concerned about a conflict with an appointment to the Residential Housing Citizen Advisory Committee, but would check it out and call Dumdi later today.

Rust reported that he had testified last week before the Forestry Oversight Subcommittee, indicating that commissioners had or will be receiving a copy of his testimony. He remarked that some species of trout are being compared to the spotted owl. Rust indicated that he would like to have a visit from the Willamette National Forest on that issue.

Weeldreyer indicated that she had attended a recent meeting of the McKenzie Watershed Council working on objectives and a draft plan.

Weeldreyer reported on the DUII/McGuirk Demonstration Project, noting that there will be systems reviews for the overall programs dealing with the drunk driving problem.

Weeldreyer welcomed Tanya Heaton, the new Management Analyst.

Weeldreyer provided notification that three commissioners would be attending a meeting on Thursday at 3:30, noting that it was a joint meeting between the commissioners involved in the Economic Development Standing Committee and the Rural Community Improvement Council.

Weeldreyer commented on energy from her district regarding public safety. She indicated that she was going to continue meeting with folks to perhaps bring some recommendations forward regarding a short-term solution. Van Vactor indicated that a potential levy in September is much different than the direction the Budget Committee envisioned. Rust remarked that May, 1996, has become a major focus for an all-encompassing revenue enhancement proposal and that there may be danger in continuing to "go to the well." Cornacchia suggested taking Van Vactor or budget staff to a meeting to lay out where the Budget Committee is headed as far as long range planning. Cornacchia commented that the issue of any differential tax rate plan would need to be completely developed by next March. Cornacchia suggested focusing/directing Weeldreyer's group on development of a plan for a ballot next May. Van Vactor observed the need for involvement at all levels, including the small cities and the metro area.

Cornacchia remarked that he would be sitting on a panel for the Game Farm Neighbors Association regarding annexation and would be representing a double majority position on behalf of a majority of the Board.

Dumdi remarked on the AOC request for a letter of opposition to HB 2165. There was consensus for Dumdi to prepare and sign such a letter.

Dumdi spoke with regard to subdivision roads in Florence where the roads had all been constructed to county standards, but the application for county acceptance had come in after the change in policy. She indicated that the Roads Advisory Committee agrees that this request should be honored. Dumdi remarked that she is asking Public Works to bring this forward for Board reconsideration. She noted that John Petsch had researched how many other roads might fall into this same category and it was under six miles total. Green asked for figures on annual maintenance costs in this situation. Cornacchia asked why they want the roads in the system, if the roads will not need maintenance for 30 years and will be transferred to Florence after annexation. Van Vactor indicated that he would notify Goodson to bring this forward to the Board.

There being no further business, this meeting adjourned into Executive Session at 12:05 p.m.

 

 Sharon Giles, Board Secretary