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April 16, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.

Chair Cindy Weeldreyer presided with Steve Cornacchia, Bobby Green, Sr., Ellie Dumdi and Peterson Sorenson present. Zoe Gilstrap, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

Item 7.b. was rolled to April 30, 1997. Two items of emergency business were identified.

2. PUBLIC COMMENTS

Georgette Moore, 94929 Marcola Road, Marcola, addressed the issue of obtaining a roadside permit for her food trailer. She stated that she is a single mother of four and is on her own due to State assistance being cut. Moore noted that this food trailer is parked in front of her home on Marcola Road. She remarked that she obtained her required licenses and was open for four days when she was handed a letter from the County stating that she needed a permit to be on the county access road. Moore noted that she called the County regarding the permit and was told that she would not be given one because if she were to receive a permit, the County would then have to give one to everyone who asked for a permit. She was then told she would have to try for a zone change. Moore declared that she does not have the time or money for a zone change. She said she has met all expectations for the roadside stand, has 130 signatures in support and requested a permit to be open year round instead of the seasonal three months. Moore asked for Board review of this request with a response at the appropriate time.

Terry Gent, 32599 Skyhawk Way, Eugene, explained that he was here regarding a commercial building that is being built in his neighborhood. He stated that he and his neighbors went through a hearing, followed the process and lost. Gent commented that due to the hearing process, however, there were conditions set for the commercial building that needed to be met. He reported that those conditions have now all been thrown out. Gent noted that a letter was sent by the County to the building owner denying his request for renewal and stating that he needed to reapply. He said that he has now heard that the County is letting him renew without reapplying. Gent asked the Board to look at the records regarding this issue and requested that the conditions, as stated in the hearing, be required to be met. He distributed a summary of this issue (see material on file).

Cornacchia asked that this issue be reviewed by staff with a report back to the Board in two weeks indicating how that building is being processed in conformity with the hearings official’s decision, the conditions under the decision and the performance on those conditions.

Sara Selfridge, 33534 Cherry Hill Lane, Eugene, stated that she was here regarding the leachate problem and the possible prison siting on Dillard Road. She said she went to the prison siting meeting last Thursday and heard discussions on LCC’s sewage problem, the leachate problem at the dump, possible connection of the prison site at Dillard Road and the pipeline, and that there is a reservoir near LCC with the ability to pump water to the prison. Selfridge commented that it made it sound like a decision had already been made. She asked if the Board was working with the Prison Siting Commission regarding the leachate and the sewage question and, if not, who was working with them locally? She also asked if the Commissioners see the Dillard Road site as the solution for the leachate problem at the dump and do they support any site as more favorable, and if so, will that be submitted to the Prison Siting Committee?

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson announced that he was planning to go to the McKay Lodge dedication tomorrow and the Mt. Pisgah Arboretum on Friday. He also reported that Corazon Aquina, former Philippine president, will be in Eugene on April 24 and that he will be presenting her with a copy of a Lane County Atlas.

Dumdi discussed the possible prison siting on Dillard Road. She proposed that the Board prepare a short resolution or letter stating that the Dillard Road site is not supported by the Commissioners.

There was consensus for a letter clarifying that the Board does not support the Dillard Road prison site and that the statements made in several public meetings do not reflect any position of the Board.

Dumdi announced that the New York Times included an editorial regarding Bill Sizemore and Ballot Measure 47 and distributed copies of same.

Green voiced his disappointment in the newspaper coverage of Monday’s legislative meeting in Salem. He said the headline stated that counties were asking for a bailout. Green remarked that what Lane County was doing was asking the state to pay their bill and said that was a different message than asking for a bailout. Green asked Dumdi and Sorenson to discuss this invoice process with Representative Lundquist next Monday in Salem.

Weeldreyer thanked Cornacchia for his part in the press conference on Monday. She noted that she will not be able to go to Salem next Monday because she will be attending a Hwy 126 steering committee. Weeldreyer recognized Ann Simas, Human Resources and Management Services, who has accepted a position with Oregon Learning Center and also mentioned that Steve Manela, Health and Human Services, was celebrating a birthday.

4. EXECUTIVE SESSION as per ORS 192.660

10:30 a.m. time certain. An additional executive session to be held later this afternoon.

5. COMMITTEE REPORTS

a. Legislative Committee Update.

Green asked for Board approval of the Legislative Committee’s recommendations on all the bills in the packet.

Sorenson asked that the language "oppose unless amended" in House Bill 2817 be clarified.

Jim Mann, Land Management, explained that as the language now stands, there is no possibility to allow siting of a facility on a wetlands or flood plain area even if it complies with wetland and flood plain requirements.

Sorenson asked that House Bill 2817 be pulled.

MOTION: Approval of Legislative Committee recommendations excluding HB 2817.

Green MOVED, Dumdi SECONDED. VOTE: 5-0.

MOTION: To support Legislative Committee’s recommendation of HB 2817 to oppose unless amended.

Weeldreyer MOVED, Green SECONDED.

Sorenson stated that the policy prohibiting the use of state funds for county correctional facilities to be built within wetlands or within 100-year flood plains is a good public policy and good bill and believes the public has a right to expect these facilities to be built in appropriate areas.

Dumdi voiced her concern that the State is telling the County where to put its facilities. She said it was another step to eliminate local control and was unnecessary.

VOTE: 4-1, Sorenson dissenting.

Weeldreyer stated that Burns also has two emergency bills for the Board’s consideration.

Burns stated that Senate Bill 943 is likely to be on the floor for a vote either tomorrow or Friday and deals with children and families. He explained that there was a problem with counties being locked out of the participatory process in the development of that legislature and noted the Association of Oregon Counties has taken a strong position against this. He distributed copies of that position and the bill (see material on file). Burns asked Pat Rogers, Director, Children and Families, to discuss this bill.

Rogers distributed a summary of all 36 counties present last Thursday which demonstrated what the various counties are doing with their Local Public Safety Coordinating Councils and Commissions on Children and Families. She explained that SB943 is the senate version of HB 2210 which has to do with the governor’s juvenile crime prevention strategy. Rogers commented that the Commission on Children and Families along with the Public Safety Coordinating Council sent a letter to the Governor’s office in response to his proposed juvenile crime strategy plan because it redirected a significant amount of dollars. Rogers referred to Lane County’s Juvenile Justice Plan as well as the executive summary which demonstrates that, if this senate bill is passed, Lane County would have to redirect approximately $2.3 million budgeted in their primary prevention services in order to fund services to the juveniles between 11-18. She indicated that she was in Salem on Friday where she felt that the decision was already made in terms of supporting the bill. Rogers remarked that there was a limited amount of people allowed to testify with a promise that people could submit their testimony in writing before they would consider the bill. Rogers stated that that did not happen and, in fact, the session was closed with an immediate work session following where there was unanimous approval to vote the bill out of committee with approval to go to the Senate floor.

Rogers concurred with the Governor and the legislature regarding the need to work together on problems with the juvenile justice population and does support interventions but does not support the loss of the early intervention services because prevention starts at all ages. She stated that there are at least six counties who have already adopted a joint juvenile justice work plan including Lane County. Rogers said that SB943 is creating a State coordinating team to coordinate all the local counties which she believed has already occurred under HB2004 and, therefore, felt they do not need another planning body.

Cornacchia stated that he had heard that there were specific people called up to testify in favor of the bill. He also noted that the counties have been fairly consistent on this bill. Cornacchia remarked that the Lane County juvenile director testified in favor of this bill although Lane County just went through a process to approve a juvenile justice plan, and felt this action would throw all the work and resources applied to this plan away.

Burns requested that, if the Board supported the positions of the AOC and Rogers, they contact by telephone, as soon as possible, the four senators representing Lane County and discuss with them the concerns outlined in the AOC letter and also ask them to vote in opposition to this bill. Burns said if this position is supported, he will visit with the Senators from Lane County this afternoon to discuss this same issue.

MOTION: To Oppose Senate Bill 943.

Green MOVED, Dumdi SECONDED. VOTE: 5-0.

Rogers reported that all local Commission directors have been asked to call their legislative representatives to voice their opposition. She stated that she would draft a letter to the legislature for Weeldreyer’s signature.

The next bill Burns brought up for consideration was Senate Bill 2930 regarding the appeals process in land use.

Jim Mann, Senior Planner, Land Management, gave a brief overview of SB2930 (see material on file). He explained that it exempts certain definitions and uses from the definition of the land use decision in ORS 215. He said they would support the legislation with modification and hoped to see the legislature take a look at the standards for the uses and develop clear and objective standards to define the uses rather than just declare in the statute that these are nondiscretionary uses. Mann stated that if they take the simple approach being proposed, it would create problems because of the discretionary nature of the land uses.

Green stated that he would support staff position with a priority 2 which would allow staff to speak to this bill and also to point out the concerns that have been raised by Mann.

MOTION: To support House Bill 2930 with modification as a priority 2.

Green MOVED, Dumdi SECONDED. VOTE: 5-0.

6. COUNTY ADMINISTRATION

a. Announcements

None.

7. PUBLIC WORKS

a. ORDER 97-4-16-1/In the Matter of Authorizing County Road Funds for Construction of an Access Roadway to the Lane Transit District (LTD) Proposed East Springfield Park and Ride Facility.

Ollie Snowden, County Engineer, stated that the Jasper extension is programmed for FY99 as a county project with $2 million identified in the CIP but which has been increased to $2.2 million. Snowden explained that LTD has been working on a park and ride facility at the north end of that project with LTD’s original concept to construct the park and ride facility as well as the first 350 feet of the roadway. He said the concept all along was that whatever was built with the park and ride facility would be as consistent as possible with the Jasper extension project. He referred to a letter from Will Mueller, LTD, requesting that Lane County take money from the capital budget and put it toward construction of part of the roadway. Snowden introduced Mueller.

Mueller distributed material (see material on file). He stated that they have gone through a site selection study, have access agreements with owners of the adjacent shopping center, environmental assessment was completed and approved, language approved for a lease agreement with ODOT, and the Springfield Planning Commission has given their approval of the discretionary use of this parcel as a park and ride. Mueller said they are asking for authorization of funds up to $125,000 from road funds to help with construction of roadway, access and signal modification at the intersection. He explained that they need the help of the County because due to budgetary reasons they cannot build a full width roadway back to their entrance. Mueller stated construction of the park and ride facility would begin this summer.

Cornacchia stated that the County is already committed in building this extension and that the design of this particular 400 feet including lane usage, signage and signal improvements must be done in such a way that the full usage of the connection is consistent. He said this cannot be designed just for LTD and, in fact, must be designed so this extension with signalization, lane designations and design will not have to be touched, dug up or redone later with the public’s money due to changes because it was designed to allow LTD to get in and out but was not designed for traffic between Springfield and Hwy 58. Cornacchia remarked that with the understanding that the Public Works Department would approve design, lane designations and signalization, he was willing to go forward with this.

It was agreed that Cornacchia’s request for County approval of design of the 400 feet, lane designations and signalization would be added to the Intergovernmental Agreement.

MOTION: Approval of the Order.

Cornacchia MOVED, Green SECONDED. VOTE: 5-0.

b. ORAL REPORT BACK/Hawks Point Petition.

This item was moved to April 30, 1997.

c. ORDER 97-4-16-2/In the Matter of Endorsing a Request by the Oregon Department of Transportation to FEMA for a Conditional Letter of Map Revision for the Highway 126 Project at Leaburg Lake.

Thom Lanfear, Planner, Land Management, gave a brief staff report (see material on file).

MOTION: Approval of the Order.

Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1097/In the Matter of Renaming a Bypassed Portion of the Florence-Eugene Highway to Noti Loop (Second Reading & Public Hearing: May 28, 1997, 1:30 pm, Harris Hall Main Floor).

MOTION: Approval of the Order.

Dumdi MOVED, Cornacchia SECONDED. VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes: None.

B. Public Works

1) ORDER 97-4-16-3/In the Matter of Improvements to Second Street South from Springfield City Limits to Dorris Ranch Including Assessments and Notice of Pending Lien Against Adjacent Properties.

MOTION: Approval of the Consent Calendar.

Dumdi MOVED, Cornacchia SECONDED. VOTE: 5-0.

This meeting recessed into executive session at 10:30 a.m.

9. HEALTH AND HUMAN SERVICES

a. ORDER 97-4-16-4/In the Matter of Establishing a Temporary Help Position in the Department of Health and Human Services.

MOTION: Approval of Order.

Dumdi MOVED, Green SECONDED. VOTE: 5-0.

b. RESOLUTION AND ORDER 97-4-16-5/In the Matter of Adopting Local Criteria for Use by the State Mental Health Division in Evaluating Proposals to Provide Managed Mental Health Services Under the Oregon Health Plan in Lane County.

Rob Rockstroh, Director, Health and Human Services, stressed that this issue was very complicated and that Lane County has probably spent more time and effort on the managed mental health issue than any other county in the state. He noted that the significance of this managed mental health service is the liability factor of the County and the need to start thinking of this almost as a corporation because of the need to compete with for-profit and not-for-profit corporations to provide mental health services. Rockstroh explained that AOC’s position is in support of managed care providing that the State meets their needs and that it does not damage counties fiscally. He said the expectation from the County is that there would still be coordinated services. Rockstroh stated the Board’s role today was to approve criteria that will be used by the State as part of the RFP process. He introduced Karen Gaffney, Health & Human Services, to discuss the planning process.

Gaffney explained the process used over the last nine months. She stated that last summer they engaged the assistance of consultants from Seattle and together planned a multiphase process to design a managed mental health system. Gaffney said they first designed what managed mental health services should look like in Lane County which involved insurance companies, Corrections, Services to Children and Families, Adult and Families Services, consumers and families, mental health staff and private nonprofit agencies. She further described the process to arrive at this criteria. Gaffney stated that the State issued the RFP in December and that they at that time learned the only local role in choosing a provider would be through this criteria process without actual review and comment on any of the proposals. She remarked that they designed a system where they invited anyone who might bid on services in Lane County to discuss five areas of criteria (see material on file). She said the Mental Health Advisory Committee helped shape this and facilitated the process through the way.

Rockstroh described the strategic goals, vision statement and organization chart in Attachment B (see material on file). He also reviewed possible criteria revisions (see material on file).

MOTION: Approval of the Order including possible criteria revisions.

Dumdi MOVED, Green SECONDED. VOTE: 5-0.

10. REVIEW ASSIGNMENTS

This was not done today.

11. EMERGENCY BUSINESS

Weeldreyer identified the first item of emergency business.

ORDER 97-4-16-7/In the Matter of Granting County Paid Retiree Medical Benefits to Judge Robert H. Peterson.

Bill Van Vactor, County Administrator, referred to the proposed order and agenda cover memorandum (see material on file). He noted that because this is the fourth similar request, he was going to ask the Department of Human Resources and Management Services to convene a group to come up with criteria for early or voluntary retirement as a matter of policy.

Cornacchia believed that due to unique circumstances, these requests will have to continue to be done on a case-by-case basis.

MOTION: Approval of the Order.

Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.

There was consensus to have Van Vactor send out a press release announcing this vacancy, giving seven days to submit resumes and that the agenda team will work on the screening process with recommendations going to the Board on April 30.

Weeldreyer identified the second item of emergency business:

ORDER 97-4-16-8/In the Matter of Authorizing a Contract Amendment with Wegroup Architects and Planners.

Teresa Wilson, County Counsel, stated that this is a paperwork detail that was missed when the Board authorized a project to develop the inventory of County facility needs. She explained that in authorizing the funds, there was never an order authorizing the County Administrator to execute the agreement with the architects to do this. Wilson commented that this omission is holding up the contract.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-1, Cornacchia dissenting.

There being no further business, this meeting recessed at 3:24 p.m. into executive session.

Zoe Gilstrap, Recording Secretary

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