MINUTES

BOARD OF COMMISSIONERS' REGULAR MEETING

February 26, 1997
Commissioners' Conference Room - 9:00 a.m.

 

Chair Cindy Weeldreyer presided with Steve Cornacchia, Ellie Dumdi (arrived at 9:08 a.m.), Bobby Green, Sr. and Peter Sorenson present. Zoanne Gilstrap, Recording Secretary

 

1. ADJUSTMENTS TO THE AGENDA

 

Weeldreyer announced that Item 9.g. had been pulled and that item 4.c., Governor's Watershed Enhancement Board, will be added under Commissioners' Business.

 

2. PUBLIC COMMENTS

 

Martha Johnson, 25719 Jeans Road, Veneta, OR, Registered Nurse and board certified Lactation Consultant employed by Peace Health, expressed concern that breastfeeding women should receive the highest standard of education and service from Lane County WIC. She stressed the benefits of breastfeeding and the role it plays in preventing illness and promoting healthy babies and children. Johnson reported that the WIC program provides free formula to 37% of all babies born in the United States every year and that if more mothers breastfed, there would be a substantial savings to the U.S. government in formula and medical costs. She stated that WIC is federally mandated to use a certain percentage of its budget for breastfeeding promotion and support. Johnson questioned the type and amount of training the Lane County WIC dietician has had regarding human lactation. Johnson said there are standards for lactation educators. She expressed concern that there is no longer an adequately training lactation specialist on WIC staff. She stated that, as a member of Lane County's Breastfeeding Task Force, she has expressed concern that WIC should no longer be listed as a source for breastfeeding help on the community breastfeeding resource list. Johnson encouraged the Board to undertake a thorough review of WIC's breastfeeding support program, past and present, and requested a written response.

 

Dennis Soper, 643 Park Avenue, Eugene, OR, discussed the report the governor's office made concerning the hiring of WIC personnel last summer. He reported that union activists were not hired, the governor's office found serious hiring irregularities, the state WIC manager lost her job and that the state has removed the current WIC director from the directorship of WIC. Soper expressed concern about present conditions at WIC and discussed the consequences he believes to have occurred due to hiring irregularities. Soper spoke about his involvement with Head Start. He indicated that Head Start had planned to bid on the WIC contract and he now wishes it had so the program would be handled honestly and efficiently.

 

Dawn Lunn, P.O. Box 11612, Eugene, OR, stated that problems and concerns have been brought forward and that Health & Human Services is trying to fix these problems. She noted that they would not have these problems if they had hired the competent, qualified, trained staff that was available to them. Lunn commented on a report from the State WIC division regarding breastfeeding statistics, noting a 25% decrease. She remarked that the dietician would not be able to provide an adequate level of service regarding breastfeeding. Lunn stated Rob Rockstroh, Director of Health and Human Services, has a lack of ability to oversee this program. Lunn stated that the new dietician for WIC did not need to have any breastfeeding education and asked what percentage of her time would be spent on breastfeeding education.

Green asked to go on record disagreeing with Lunnís critical comments and assessments regarding Rockstroh.

 

Cornacchia commented that the Board has taken an official position and that the assessment done by two different levels in Lane County found the hiring process and its results were both appropriate and legitimate.

 

Sorenson remarked on the role he played in insuring that the governor's office did investigate the treatment of the employees and informed those commenting that their next recourse would be at the level of legal involvement.

 

Kimberly Phillips, 1075 West 18th, Eugene, OR, daughter of Elaine Phillips, remarked that the Board has the opportunity to do something about the issue of WIC hiring practices and has not done anything.

 

Joseph Dillon, 1348 Tyler Street, Eugene, OR, indicated that he is 14 and that his concern is the lack of attention that the Board has given the WIC issues. He stated that the situation at WIC is no small problem. Dillon remarked that low income families need the help that WIC offers.

 

Charles Phillips, 1075 West 18th, Eugene, OR, remarked that he has been bringing his home schoolers to the Board meetings and that this would be the last one. He pointed out that this issue was still the Boardís concern for four reasons: 1) the rights of the five women involved; 2) the issue of the possibility of corruption in government; 3) loss of services to people; and 4) that this is actually a program that saves money and should not be decreased.

 

Janey Ginder, 25818 Tidball Lane, Veneta, OR, registered nurse and employee of Peace Health, spoke in favor of the peer counseling program that was active at WIC and expressed concern that she is no longer comfortable referring new mothers to WIC, stressing that the education needs to continue to happen. She expressed concern that there is no longer a lactation consultant on staff. She asked Lane County to keep the education and lactation components.

 

Christian Wihtol, 34537 Clifford Lane, Cottage Grove, OR, stated that he had left copies of a memo yesterday for the Board and David Suchart. He asked that Animal Regulation Authority develop a reasonable, prompt and firm way to deal with an animal noise problem that is continuous. He indicated he had been waiting for two months for a hearing date. Vetal remarked that the staff at Animal Regulation is doing a great job considering their meager resources. He urged the Board not to cut that service further, noting there is the ability to charge fees for infractions.

 

Cornacchia stated that local governments have seen a major reduction in resources, noting that government needs to find ways to reduce itself. He remarked that services will remain that cannot be provided elsewhere, stating that people have the option of using the courts to deal with animal infractions. He asked that, since the service is still in place, he would expect that nuisance complaint to be dealt with.

 

David Suchart, Director, Human Resources and Management Services, was requested to provide a report to the Board regarding this situation and the status of their workload. Suchart indicated he could discuss this issue during his presentation regarding Animal Regulation at the Budget Committee next Tuesday.

 

3. COMMISSIONERS' ANNOUNCEMENTS

 

Cornacchia stated that he visited Weyerhaeuser and they are discussing some of the very same things discussed in the County and that some of the same recommendations by the Board are being suggested and embraced in the corporate world. He remarked that Lane County is going through the very same dynamics that large corporate entities are going through in a changing economy and changing world.

 

Dumdi stated that she and Commissioner Green were leaving tomorrow for Washington, D.C. for a NACo conference. She also discussed a constituent complaint regarding payment of Channel 11 by general funds from Lane County and the City of Eugene. Dumdi also commented on a speeding issue on Lorane Highway and McBeth Road and stated that she would pass this on to Public Works. Dumdi noted that she received a letter from Florence regarding the BIA issue and would provide copies to the Board.

 

Green asked that, while he was in Washington, D.C., the Budget Committee refrain from having conversations regarding finding replacement revenue and instead concentrate on dealing with the immediate effects of BM 47.

 

Sorenson spoke about the tours he had recently taken at the jail and A&T. He reported on his visit to South Eugene High School and said he learned that students believed the "kicker" money should be forwarded to schools. Sorenson also reported that Jim Gangle, Lane County Tax Assessor, will be giving a talk on BM 47 on Friday at the City Club.

 

Weeldreyer discussed a memo from the Polk County Steering Committee asking that each county nominate a commissioner to serve on Willamette Livability. There was consensus that

 

Cornacchia would be nominated with Dumdi as an alternate. Weeldreyer also recognized the Recognition Ceremony at Public Works and noted Ken Freemanís retirement and service awards.

4.    COMMISSIONERS' BUSINESS

 

a. QUARTERLY REPORT/OSU Extension Service Update.

Janet Calvert, Extension Agent, reviewed her written report (see material on file). She discussed their budgeting and the upcoming Town and Country Living Seminar on March 1 at Willamette High School. Calvert distributed a copy of "Oregonís Fiscal Choices: Historical Context and Long-term Implications."

 

Ross Penhallegon, Extension Agent, reviewed his memorandum regarding Lane County groundwater protection programs, particularly as related to Coburg and Junction City (see material on file). He reported that the Lane County water quality programs have received several awards, both state and national. Penhallegon introduced Dave Dawning.

 

Dave Dawning stated that he is a farmer in the Coburg area and is chairman of the Coburg Wellhead Protection Committee. He reported that they have been working on getting information out to people. He noted that the community does realize that it has an elevated nitrate situation. Dawning stated that he is a member and part of the Peacaps project in which Penhallegon and OSU have set up collection sites on his farm to take water and nitrate level samples. He said they have found OSU's recommendations on fertilizers may have been a little excessive and they have started programs to cut back their levels of fertilization as well as to use different technologies in applying and timing the use of fertilizers.

 

This meeting recessed at 9:56 a.m. to reconvene at 10:00 a.m. for time certain for item 9.a.

 

b. CVALCO SEMI-ANNUAL REPORT/July 1 - December 31, 1996.

 

Kari Westlund briefly reviewed the semiannual report and distributed a supplemental document showing the 1996 economic impact figures. She stated that she tried to incorporate economic impact return on investment information. Westlund reported that, as CVALCO prepares their program of work for the coming fiscal year, they will be identifying the outcomes and how they are going to measure success as they implement marketing programs.

 

Westlund said that they are finding in Lane County is that the national trend in that wage rates is increasing even more quickly than jobs. She said the visitor industry is traditionally known as entry-level and, as the service sector of the overall national and world economy becomes bigger, service jobs are seeing increases in wages which is reflected in the County, as well as across the nation. Westlund said that management and executive positions are increasing at a more rapid rate in the service sector than throughout other industries.

 

Westlund noted that in this report was overall room tax information which shows room tax is up by 5%. Westlund said it was a successful year in terms of convention sales and there is a good economic return on conventions and meetings. Westlund reported that tourism sales are very active and discussed Sunset Magazine and the series of advertisements developed to highlight all areas of the county. She explained that these ads are run on a twelve-month schedule and this can be rerun next year without incurring any additional production costs. She said they perform conversion study research on inquiries and that 36% of the people who inquire actually convert to extend their stay by 4 1/2 days, which is a substantial amount of time. Westlund said that tourism trade shows attendance has been good and they have been able to track the shows to show a correlation with trade shows from people who write or call. She said the overall group business is substantial for the county and they will be implementing a program to do a better job at tracking that aspect.

 

Westlund discussed future goals and said that CVALCO's marketing programs are strong and very comprehensive county-wide. She stated there is a need to focus on communicating back to communities across the County on what those marketing programs are, how communities are represented and how they can use the tools CVALCO has to bring in business. Westlund said the real key to this program is a partnership with member businesses which actively participate in the marketing process by making direct contact with inquiries and following up on convention booking. She stated that the communities need to let meeting planners know of their products and services. Westlund commented they are focusing on working with chamber executives and community organizations.

 

Westlund reported that CVALCO wants to reinstate the Annual Tourism Summit. In addition, they want to focus on leveraging state and regional marketing programs. She discussed Japanese and German markets. She said in the strategic planning process they are undergoing now, the mission has been targeted to overnight visitors, noting that they will continue work with the market passing through, but the goal is to convert them to overnight.

 

Westlund distributed a new board roster and the new CVALCO marketing publications. She handed out a memo regarding the rail section of the Governorís proposed budget and reported that if the Governorís transportation budget is not approved, Lane County will lose rail and bus access to a significant degree.

 

The Board will refer the rail issue to the legislature for a briefing.

 

4.c. ORAL REPORT/Governor's Watershed Enhancement Board Grant for a County Watershed Coordinator.

 

There was discussion of indirect costs, supervision, video lottery and their impacts on this grant application.

 

Van Vactor said they could allocate some video lottery specifically for this grant.

 

Weeldreyer will change the grant application regarding indirect and video lottery and will bring an order to the Board.

 

5.    EXECUTIVE SESSION as per ORS 192.660

 

To be held later today.

 

6.    COMMITTEE REPORTS

 

a. Legislative Committee Update.

 

Green stated that he was forwarding these three bills for Board support. He noted they are HB 2138, requiring owners to register their recreational vehicles; HB 2200, requiring primary and general election to be conducted by mail; and SB 392, amending several statutes affecting the management of tax foreclosed property (see material on file).

 

Cornacchia reported that he needed to leave at 11:55 a.m. and stated his support of all three bills.

 

Newingham, County Clerk, gave a brief overview of HB 2200.

 

Weeldreyer stated that since the state no longer funds Lane County's local voters pamphlets, she would like to explore the possibility of selling advertisements to pay for a voters pamphlet.

 

Newingham will research that issue.

 

Jeff Turk, Property Management Officer, reviewed packet material regarding SB 393.

 

Roy Burns, Intergovernmental Relations Coordinator, gave a brief overview of HB 2138.

 

MOTION To approve staff and legislative recommendations:

 

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

 

This meeting recessed at 12:10 p.m. and reconvened at 1:31 p.m.

 

7.    COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor stated that he met with Bob Candine with regard to BM 30 and said there was an AOC alert reporting that the legislative leadership will be making a decision regarding what to do with the Attorney General's opinion which would cut the impact BM 47 in half.

Van Vactor also discussed the prioritization list regarding support services and public safety. He said the Management Team worked through those lists and will meet again next Monday and hoped to be able to provide a new prioritization list soon. He talked about the value of having a potential range of reductions at Lane County available to the Board to allow for effective talking points with their legislators.

 

Van Vactor talked about the legislative meeting he attended and said there was discussion regarding the large state income tax and the potential for the state to assist the counties. He reported that he will be preparing a document that outlines whether AOC should consider asking for a series of fall back positions with the legislature, starting with a slice of the income tax equal to the amount of reduction. He also suggested that the state could either fund some of the state functions, such as the District Attorney and Assessment & Taxation, repeal all the mandates, or give the Board authority to reduce A&T below statutory requirements. He hopes to present this document to the AOC legislative committee on March 10.

 

8.    HEALTH AND HUMAN SERVICES

 

a. ORAL STATUS REPORT/WIC Program.

Rob Rockstroh, Director, Health & Human Services, discussed the WIC Program Summary (see material on file). He stated when you go from 28 FTE to 15.8 FTE, there are going to be some changes but he believes the needs are still being met prenatally and on breastfeeding and nutrition education as well as maintaining the level of clients. Rockstroh stated that WIC is a caring, supportive, nurturing environment to support breastfeeding. He introduced Connie Sullivan, WIC Manager.

 

Green asked about the Breastfeeding Peer Support program which was eliminated at the recommendation of staff.

 

Sullivan explained that they trained clients to help peer counsel breastfeeding mothers. She said it was a very intensive program in terms of work required to maintain the volunteers. Sullivan reported that the staff who coordinated that program recommended not to continue because it caused too much additional work for staff to keep the program continuing when a volunteer quit or was unable to keep up with their commitments.

 

Cornacchia stated there is interest and value in data and tracking to show how benchmarks are or are not being met. He asked that WIC track how many formula vouchers are given to see how much impact the efforts regarding education on breastfeeding is having on the use of formula vouchers. Cornacchia also asked that caseload continue to be tracked.

Sorenson asked about caseload and said WIC was under the projected amount.

Responding to Sorenson, Sullivan stated that amount was for the fiscal year, not the calendar year and, now that training is over, the trend will immediately start to climb.

 

Sorenson asked if there has been a decline in breastfeeding and, if so, its relation to elimination of the peer program.

 

Rockstroh stated that they will research that issue.

 

Weeldreyer asked about a lactation consultant on staff.

 

Sullivan said it is not common for WIC programs to have a lactation consultant. She said it is nice, but there are specific staff positions required and those are the ones they have.

 

Hector Rios-Zavala, Diversity Analyst, said he interviewed staff, members of the community and WIC clients, visited the site and called the hotline. He concluded that, while there is room for improvement, the situation was not so severe that it impaired providing service to non-English speakers and, particularly, the Latino population. He said there are three people who speak Spanish and English, two who are fluent in both languages and one who is a third-generation Hispanic and is brushing up on her language skills. Rios said one is a caseworker and two are receptionists. He reported that most information at the WIC office is available in both English and Spanish.

 

Cornacchia asked if Rios believed the Hispanic population of this community is adequately being serviced

 

Rios responded that there is room for improvement and that they are not being adequately served.

 

Cornacchia asked if Rios felt there was a need for personnel changes in the near future.

Rios responded that when hiring is done for caseworkers or receptionists, there should be recruitment for bilingual people. He said he has not talked to the three people who have stated that they are bilingual. Rios stated that he will have a full report for the Board next week.

 

9.    PUBLIC WORKS

 

a. ORAL REPORT/Update on the Oregon Department of Transportation Preservation Project on the McKenzie Highway from Greenwood Drive to Vida.

 

Weeldreyer introduced Nick Arnis, Oregon Department of Transportation planner, and Don McLane, project coordinator for Lane County.

 

Arnis introduced Bob Bowne, Project's Office and Alan Lively, Senior Permit Specialist.

 

Arnis and McLane reviewed this item for the Board (see material on file).

 

Cornacchia stated that this Board has shown a high awareness of livability issues. He said the Board will support community interests along this corridor and would ask the state to be sensitive and go beyond the normal course of addressing the impacts this project will have. Cornacchia said that as the Board receives comments and suggestions, they will pass them on to the state with an expectation of acknowledgment and appreciation of those comments.

 

Weeldreyer directed attention to a map of the project and asked Bowne to briefly summarize the project.

 

Bowne gave a general overview of the project and discussed the structures scheduled for repair (see material on file). He reported that after obtaining citizen input, they found one of their big concerns was two curves within the project limits. Bowne explained that one is the curve on Leaburg Lake, which is an area of frequent truck accidents and that one such accident resulted in a spill into the lake. He said the problem involved a compound curve and their solution was to design a 45-mph single curve to replace it and to include a retention/detention system. He explained that the system includes a curb sectional which would allow truck spills to be captured in a storm drain system and drain to the north side of the roadway into the retention/detention pond and metered back into the river. Bowne explained the impacts of the curb improvements and the channelization developments. He reported that, at the request of ODFW to mitigate losses of fish habitat and places to fish, they are going to develop areas in the form of a barb that extends out into the reservoir to replace some lost riparian habitat as well as to add a place to fish. He noted that the Army Corps of Engineers assisted with this project.

 

Weeldreyer stated that the Board authorized the money to build the safety rest area on the property at the McKenzie Hatchery and that it was a result of work done to allow for turn lanes into that new rest area that required ODOT to come out farther into the lake, resulting in an increase in the flood plain. She stated that was the reason for the request from ODOT asking the Board to provide a letter authorizing an increase in that flood plain.

 

Kent Howe, Land Management Planning Director, reviewed the realignment of Hwy. 126 through this section and explained that there is a need for replacement of fill within the regulatory flood way which cannot be done because it will raise the base flood level. He said the solution would be to narrow the regulatory floodway so that the fill is not located within the floodway boundary. Howe explained that would require a revision of the floodway by FEMA. He reported that one of their requirements for a revision is that Lane County send notice to affected property owners prior to the revision. Howe stated that he hopes to do that in early March and bring responses to the Board in late March or early April. Howe reported that after FEMA receives Board approval, it would then review this proposal for compliance and if it is met, the floodway map handle would be revised and brought to the Board to adopt by order.

Direction was given to Van Vactor to work with Land Management staff to process this as expeditiously as possible to meet ODOT's schedule.

 

Cornacchia left at 11:55 a.m.

 

b. ORDER 97-2-26-1/In the Matter of Electing Whether or Not to Hear an Appeal of a Hearings Official's Decision and Affirming the Planning Director's Approval for a Dwelling Within the Impacted Forest Land Zone F2/RCP (Bartlett/PA 1841-96).

 

Bill Sage, Planner, Land Management, reviewed this item for the Board (see material on file).

 

MOTION: To Not Hear Arguments on the Appeal and to Affirm the Hearings Official's Decision.

 

Dumdi MOVED, Green SECONDED. VOTE: 4-0 (Cornacchia absent)

 

c. REPORT BACK/Marginal Lands: Policy Alternatives and Request for Direction Regarding the Interpretation and Administration of Marginal Lands Applications.

 

Kent Howe gave a brief overview of the history of Marginal Lands, explaining that a 1973 planning program provided a planning framework for the incorporated areas and required delineation of an urban growth boundary. He said the rural areas were left to designate lands outside the urban growth boundary as farm or forest land with an exception process provided to identify non-farm, non-forest areas as either residential, commercial or industrial. Howe remarked that everything that did not qualify for an exception was to be designated as farm or forest land. In 1983, the legislature came up with a process to recognize that not all farm and forest lands were of the same quality and this legislation is referred to as the Marginal Lands Bill. He said there would be higher standards of performance-based system for the higher quality of farm and forest lands. Howe said one other county, Washington County, also adopted this higher standard and these two counties have been applying marginal lands in the EFU standards.

Howe said the legislature's intent was to identify land that was not, in 1983, nor likely to be in the future, providing significant contribution to the commercial farm and forest community and lands that they wanted to allow to be identified as marginal lands. He said to determine at that time if it was a significantly contributing property, a management and income test required that the land could not have been managed between 1978 and 1983 as part of a farm or forest operation that is capable of producing $20,000 or $10,000 respectively, depending upon whether it was farm or forest. Howe said to determine whether the land would be capable in the future of providing a significant contribution to the farm or forest economy was a soils and a parcelization test. He stated that a year ago Land Management brought before the Board seven areas that had been identified as needing some clarification and the Board gave direction on six of them and asked for further research on issue No. 4 (see material on file).

 

Howe said on the issue of No.4, there are some assumptions that have to be made: 1) Assume a fully stocked stand; 2) It is mature timber, ready for harvest in 1983; 3) That that property would have reasonable commercial management practices applied to it; and 4) use the 1983 stumpage values. He stated that with those four assumptions, there is a way to apply consistency in making the forest value computation. Howe referred to the table in packet material regarding number of applications. He stated that their recommendation was that the Board give direction to utilize these and this methodology.

 

Green asked Stephen Vorhes, Assistant Legal Counsel, about the definition of management.

Vorhes responded that management is a subjective term and would depend on a particular case; it is a fact-driven definition.

 

Al Cooper, 2258 Harris Street, Eugene, OR, said the management question centered around whether there had to be some tangible activity on the ground to constitute management and that could be planting trees, preparing a seed bed, thinning, etc. He said another definition, which was the position the Board adopted, was that property growing trees constituted management. Cooper noted that the Board also established that management was beyond that five-year window.

 

Dumdi stated that in the past the Board looked at the parcelization test and also soil productivity because lower grade soils unable to produce a crop would not provide any income. She stated these two tests have served the Board well and they should continue and establish that as policy and key factors as a test for future cases.

 

Cornacchia arrived at 2:01 p.m.

 

Cooper stated that the Marginal Lands statute requires that all cases meet the management and income test first. Then there is the choice of any one of three tests from the second tier which includes the parcelization and soil quality test.

 

Responding to Weeldreyer, Mike Evans, 1071 Harlow Rd, Springfield, stated that he has worked with Kent Howe and the entire planning staff to come up with something that everyone believes is workable and usable and there is unanimous consensus that this will work, is legal and they fully support it.

 

There was consensus to approve this methodology as proposed and to support and reaffirm earlier positions.

 

d. REPORT BACK/Urban Transition Issues Relating to Building Codes Administration.

Roger McGuckin Building Official, referred to the cover memo and said there really is no issue regarding the three building jurisdictions. He stated that they tend to cooperate across jurisdictional lines, including the urban transition areas. McGuckin reviewed the information in the memo (see material on file).

 

Sorenson asked whether the impact of BM 47 would be to slow down extra territorial annexation of unincorporated areas in the city. He believed that because under BM 47, the tax rate will be the same as it is currently with the reduction and that the incentive to annex the property will not be there because the city will not be able to collect tax revenue.

 

McGuckin said that, prior to BM 47, the consensus was the best advantage to a city was to annex in a fully developed property, uder post-BM 47, the best advantage is to annex undeveloped property.

 

Sorenson asked if there could be consolidation with the cities as far as building permits.

 

McGuckin responded that jurisdictions can contract with one another or choose not to do it. He stated that combined forces lose individual voice.

 

Dumdi stated that she receives numerous calls from people in River Road/Santa Clara expressing frustration regarding lack of representation from either the city or the county as far as building permits. She said it is Lane County on one side of the line and the City of Eugene on the other with differing handling of the business.

 

Green said there was nothing to cause him to make any radical changes today. He stated that there was no reason to revisit urban transition building codes relating to building codes administration.

 

The Board concurred with Green.

 

e. ORDER 97-2-26-2/In the Matter of Remanding Rezoning Application PA 1268-95 to the Lane County Hearings Official for Reconsideration Consistent with the Court of Appeals' Opinion in Gutoski v. Lane County (Egge/Stapleton).

 

Michael Copely, Planner, Land Management, stated the Board is being asked to reman this matter to the hearings official for further examination of the policy question raised by the Court of Appeals and to produce a new decision of the rezone. (See material on file.)

 

MOTION: Approval of the Order as written. Green MOVED, Dumdi SECONDED. VOTE: 4-0. (Cornacchia absent.)

 

f. DISCUSSION/Developing a Policy Framework Regarding the Status of Oregon Properties, Inc. Roads.

 

Bob Ezell, County Surveyor, gave an overview and referred to a map demonstrating the Oregon Properties, Inc. (see material on file).

 

Green asked what staff was recommending.

Cornacchia stated that he believed that they were recommending a combination of No. 1 and No. 2.

 

Van Vactor stated that the foundation for the code requirement of the person who wants the dwelling permit is that there be approved access. He expressed concern regarding recommendation No. 1 because an intervening landowner may challenge the right of that person to traverse that road. Van Vactor stated that there should be some process where the person obtaining the dwelling permit recognizes that Lane County is, in no way, guaranteeing access.

 

Cornacchia stated that he was comfortable with a combination of Nos. 1 and 2, nothing over 16%, and a hold harmless clause.

Vorhes suggested that owners show proof through title insurance that they have access as part of the process.

 

Cornacchia asked that staff meet with their planners, surveyors and legal counsel and come back next week with a recommendation.

 

The Board agreed with Cornacchia's recommendation.

 

g. REPORT BACK/Recommendation of Task Force to Evaluate Discharge Criteria for Onsite Leachate Treatment for the Short Mountain Landfill.

 

This item was pulled.

 

10.   CONSENT CALENDAR

 

A. Approval of Minutes: None.

 

B. Human Resources and Management Services

 

1) ORDER 97-2-26-3/In the Matter of Authorizing the County Administrator to Execute an Option to Purchase Agreement With Rick Herson for the Sale of County Owned Real Property Identified as Map o. 17-04-26-21-00800 (Adjacent to 595 Hwy. 99N, Eugene).

 

C. Public Works

 

1) ORDER 97-2-26-4/In the Matter of Approving Work Order Number 21 with EMCON for Preparation of the 1996 Annual Water Quality Summary Report for the Short Mountain Landfill and Authorizing the County Administrator to Execute the Work Order

 

MOTION: Approval of the Consent Calendar with Exception of 10.b.1.

 

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

 

Cornacchia stated, that at the time the property was offered for sale, it did not appear to have access to a public right-of-way and he believed that may have affected the sale and who may or may not have bid on that property. He said it was his belief that there should be a new sale so that everyone in the County has the correct information. Cornacchia asked that administrative direction be given to Turk.

 

Teresa Wilson, Legal Counsel, recommended that this come back next week with either a new order that sends it to sheriff's sale with disposition through Juvenile Justice Center or that it come back with an order revised for the Juvenile Justice Center.  

The Board concurred with that recommendation.

 

11. REVIEW ASSIGNMENTS

 

David Suchart, Director, Human Resources and Management Services, will report to the Board regarding an animal nuisance complaint brought up at Public Comment by Christian Wihtol.

Refer the rail issue to the Legislative Committee for a briefing.

 

Examine existing state statute to determine if counties can explore public/private partnerships for funding voters' pamphlets.

 

Report back on WIC regarding service to the non-English speaking community by Hector Rios.

Letter of Recommendation for ODOT regarding the McKenzie Highway Project and FEMA.

Policy framework report back on recommendation from PW and Legal Counsel on how to handle status of Oregon Properties, Inc.

 

Research issue on sale of County-owned property to Herson and public awareness of right-of-way.

 

12.    EMERGENCY BUSINESS

 

ORDER 97-2-26-5/In the Matter of Authorizing the County Administrator to Execute Necessary Documents to Implement the Attached Settlement with Marsha Woodward.

 

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

 

Zoanne Gilstrap
Recording Secretary

 

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