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January 15, 1997
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Commissioners' Conference Room  - following HACSA

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

This meeting followed the Harris Hall ramp dedication and the HACSA meeting.

1. ADJUSTMENTS TO THE AGENDA

Weeldreyer announced that the Board would be taking a break at 11:00 a.m. to attend the Shankle Safe Haven facility dedication, that Item 7.b. would be heard at 1:30 p.m., and that there would be an additional opportunity for public comment at 1:30 p.m.

2. PUBLIC COMMENTS

9:00 a.m.

Ann Krenek, 29475 Fox Hollow Road - Sorenson indicated that he had received a request from Krenek to submit taped testimony this morning. In the tape, Krenek asked why Lane County does not collect on legitimate fines for abusers of land use laws, some in the four digit range and higher. She asked why variances are given for repeat offenders. Krenek indicated that she was opposed to proposed land use changes for laws regarding F-1 forest lands. She asked for information as to what groups have asked for these changes. Krenek stated that when the question of who was proposing this was asked, vague answers were given, some indicating that it was state mandated. She noted, however, that no clarification of the mandate was provided. Krenek stressed that it is reasonable that the public should know what people or groups are proposing or lobbying for these changes and also have access to the data and facts to support the proposals. She remarked that at the Public Hearing only three options were offered, none of which offered "no changes." Krenek asked if the Board has made up its mind to change the laws, and if so, why.

1:30 p.m.

Dennis Dean, Recycling Systems, Inc., 85507 Highway 99 South, stated that he is requesting a decision on the Land Use Compatibility Statement with regard to his business, Recycling Systems, Incorporated. (See item 7.b.)

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson discussed the convening of the state legislature. He also noted that he had attended the swearing-in ceremony for the new mayor of Eugene and city councilors and wished them well.

Weeldreyer discussed the AOC Legislative Committee meeting on Monday and provided a brief report on the work done there. She indicated that she was routing her notes from the meeting to the commissioners. Weeldreyer explained that AOC is in favor of a broad definition for "public safety," much as Van Vactor has offered.

Dumdi observed that today is Martin Luther King’s birthday.

4. COMMISSIONERS' BUSINESS

a. ORDER 97-1-15-1/In the Matter of Appointing/Reappointing Two Members to the Roads Advisory Committee.

Green asked for the reappointment of Tom Poage to the Roads Advisory Committee and Sorenson asked that Rex Redmon be appointed to the Roads Advisory Committee. Sorenson provided some background on Redmon and indicated that he would route Redmon’s resume to the commissioners.

MOTION: Approval of the Order reappointing Tom Poage and appointing Rex Redmon to the Roads Advisory Committee. Green MOVED, Dumdi SECONDED. VOTE: 5-0.

b. ORAL REPORT/Jail Construction (SB 1145).

Sheriff Jan Clements and David Suchart, Director of Human Resources and Management Services, presented this item to the Board. Suchart noted that SB 1145 provided for a number of changes in corrections policies. With regard to funding to expand jail capacity, he noted that the legislation has allocated $9.2 million to Lane County. Suchart indicated that he has been providing assistance until now because of his similar involvement with the Juvenile Justice Center project. He noted that project architects (WBGS) have been hired, that they have developed a preliminary project schedule, that the County is currently in the process of hiring a CM/GC and is also in the process of working on a sublease with the state, and that the land use portions need to be completed. Suchart stated that factors that have slowed the process include the changes of administration of the Sheriff and the jail commander.

Clements stated that he is transferring responsibility for this project to Paul Sachet. He indicated that a project team will be created, including the architect from WBGS, the CMGC that is selected, Pat Dawley, Tanya Heaton, Paul Sachet, County Counsel, Bill Van Vactor and Suchart. Clements remarked that staff will be meeting with the state on a monthly basis. Responding to Cornacchia regarding the District Attorney’s discussion of a different building mode to include tents and poles, Clements indicated that there may be some flexibility in the way dollars are used, but that that may be contrary to the intent of the process.

Responding to Sorenson, Clements described the plans to create 92 new beds at the main jail facility and 40 additional beds at the Community Corrections Center with the $9.2 million, noting that there is still some controversy over adequate funds for running the facility.

c. UPDATE/Juvenile Justice Center.

David Suchart, Human Resources and Management Services Director, distributed the monthly "Summary Progress Report" on the Juvenile Justice Center (see material on file). He noted that the same process could be utilized for updates on the Jail Construction. Suchart reviewed the current issues, what is planned for the next 30 days, the funding summary and the budget summary. He noted that people opposed to the location of the facility will have an opportunity for input during the Conditional Use Permit (CUP) process. Green asked about the low dollar balance in the materials and services budget summary. Suchart noted that most of the costs were up-front, largely the selling of bonds. There was discussion regarding the presentation planned for January 23. Responding to Green regarding community awareness within the neighborhood, Suchart indicated that the County has done a newspaper advertisement and a mailing to over 6,000 households. Suchart indicated he would provide Sorenson with an information document summarizing the project plans.

d. ORDER 97-1-15-2/In the Matter of Appointing Representatives to Various Committees and Agencies.

The Board discussed the various appointments that needed more definition and made changes and additions as necessary (see worksheet on record and final Order).

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

5. EXECUTIVE SESSION as per ORS 192.660

Executive Session occurred following the discussion of Item 7.b. at 1:30 p.m.

6. COUNTY ADMINISTRATION

a. Announcements

Bill Van Vactor, County Administrator, asked Suchart to discuss the events planned for Martin Luther King Day. Suchart announced several events, including a Monday evening event at 7:00 p.m. at the Hult Center where Derrick Bell will be speaking, indicating that there are tickets available for the Board.

7. PUBLIC WORKS

a. ORAL REPORT/Leachate Issues.

Ken Kohl reported that a meeting between local elected officials is being arranged to "iron out" issues regarding the intergovernmental agreement with regard to the force main pipeline. He also noted that the Eleventh Reading of the two ordinances is scheduled for February 5, but that he doubts final action will be taken on that date. Kohl stated that the study of on-site treatment alternatives is being pursued and staff plans a report in two weeks (January 29) regarding the range of options. He observed that it is anticipated that the report will go to the task force prior to that. Kohl stated that the task force is making progress. Green asked that copies of the task force minutes be made available to the Board. With regard to leachate at the landfill, Kohl reported that there are approximately 30 million gallons of leachate currently in the phase three temporary storage lagoon, down from 32 million a week ago, with capacity being 35 million gallons. He indicated that trucking has been done since November 12 and that approximately 10 million gallons has been trucked at a cost of about $200,000.

b. ORAL REPORT/Material Recovery Facilities Process Update and Status of Recycling Systems Inc. Permit.

This item was actually heard at 1:30 p.m.

Ken Sandusky and John Cole presented this item to the Board (see material on file). Sandusky recalled that he had come to the Board on December 11 regarding applications for two "wet" material recovery facilities, noting their potential impact on the County’s Solid Waste Plan. He indicated that staff refused approval of Recycling Systems, Inc.’s "dry" facility as there are concerns regarding the possibility/ probability of it becoming a "wet" facility. Sandusky observed that the financial impact of the two existing material recovery facilities to date has been $1.8 million. Sandusky stated that the corresponding cuts of personnel and increases in fees occurred last year. Cornacchia explained that if two "wet" facilities are allowed, it will result in the County taking a $26 per ton "hit." Sandusky noted that RSI has indicated it intends to pursue a permit for "wet" waste and that RSI intends to present its application to the DEQ without County sign off. Cole confirmed for Cornacchia that a wet facility application will require a different land use analysis/approach than if it were dry. Cornacchia emphasized that the neighborhood compatibility is significantly different between dry facilities and wet facilities, commenting that the County should be very careful in provide LUCS for a wet MRF until there’s a public process involving the neighborhood. He noted that wet garbage can include birds, smell, traffic, etc. Green offered support for Cornacchia’s approach.

Weeldreyer indicated that Dennis Dean’s consultant from Portland implied that the goalposts had been moved, but that staff responded that with the possibilities of a wet facility, the issues became different. Cornacchia stated that the original approval was for a dry facility, but the current request to DEQ is for a wet facility. Vorhes agreed with Cornacchia that it seems logical that changes in RSI’s requests make it reasonable for Lane County to withhold approval until further information is forthcoming.

Mike McCreedy remarked that the consultant was trying to clarify whether their plan as submitted is in conflict with the Solid Waste Management Plan or not. Cole explained that RSI has received two signed LUCS from staff, with one making reference to "associated processing of mixed solid waste;" but he indicated that he made a follow-up phone call to RSI clarifying that the citation that was used in signing off on their LUCS statement limited them to dry material. McCreedy commented that the LUCS was signed off on July 30. He stated that, subsequently, their attorney suggested adding clarified language to the LUCS, so on September 9 the entire process was explained to Jerry Kendall who signed off. Responding to Cornacchia, McCreedy indicated he believes Kendall fully understood the entire anticipated process. He continued that RSI then began to move forward. McCreedy indicated that RSI understands the County’s financial concerns and has communicated that and is prepared to work with the County and process only dry waste at this time. Cornacchia remarked that if the permit requests are for dry waste only, then he believes Lane County is ready to sign off on that, but not on a wet permit simply with the understanding that RSI will only handle dry waste at this time. McCreedy stated that if the County will not sign off on a wet permit, then the DEQ has indicated it will look at the permit request. Sandusky confirmed that the consultant said Friday that RSI will only take dry waste at this time, but will still pursue a wet facility permit. Dean noted that the DEQ doesn’t make a distinction between dry and wet facilities. He asked if the County concurs with the letter he received yesterday from Cole.

Weeldreyer indicated that she would like to find a way to allow RSI to make good on their financial obligations and just handle dry waste until the next discussion later this month. McCreedy stressed that RSI just wants to be on a level playing field with the same restrictions as Ecosort and the other existing MRF. Cornacchia responded that the County cannot deny a permit similar to Ecosort, but that anything beyond that requires significant discussion regarding the future of solid waste in this county. Cornacchia added that the County will resist overt or covert efforts to place a wet facility at this time. He emphasized that staff deserves an application that sets that out specifically what is intended and that gives them the opportunity to prepare a regulatory response that provides the public with the opportunity to assure that that is what is happening.

Sandusky stated that staff would like RSI to provide a letter that indicates what types of vehicles would use the facility, the sources of the waste, the kinds of materials to be recovered and the ability for the County to ascertain that guidelines are being met. Green remarked that he has a hard time believing RSI struck a deal with haulers that limits them to dry waste. McCreedy observed that Sanipac is already doing that with Ecosort. Responding to Cornacchia, McCreedy confirmed that at a meeting between RSI and the rural haulers, there was discussion regarding taking all of their waste. McCreedy reminded the Board that in the Solid Waste Plan, the County agrees to support recycling efforts, including composting. Cornacchia remarked that the County can support those efforts up until they are detrimental to the overall solid waste plan.

Dean recalled that he originally wanted to provide a pilot project regarding composting and then sell the County the equipment for it to take over later. He stated that to fund the pilot project, RSI signed with four haulers due to their limited capacity and that that translates to a maximum of 20% of the total. Cornacchia noted that if Lane County gives RSI a permit for a wet facility, then Sanipac would want the same thing.

Cole explained that the current status of RSI’s application is that they do have a signed LUCS that is refined by Cole’s January 10 letter, noting that RSI asked if the solid waste division will sign off similarly on a dry waste facility. Cole remarked that he understands that Sandusky is willing to do that after receipt of additional information.

Responding to Sorenson, Sandusky reported that once RSI provides written assurances that it will only function as a dry waste facility, the permitting will take very little time. Sorenson suggested that it might facilitate the process for Sandusky to lay out the standards in a letter to RSI.

Van Vactor suggested that RSI also needs to amend their application to DEQ, so all documents are consistent, which McCreedy indicated they will do.

8. CONSENT CALENDAR

A. Approval of Minutes: September 18, 1996, Regular Meeting, 1:30 p.m.

October 1, 1996, Work Session, 9:00 a.m.

October 8, 1996, Work Session, following HACSA

December 4, 1996, Regular Meeting, following HACSA

B. Health and Human Services

1) ORDER 97-1-15-3/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.

2) ORDER 97-1-15-4/In the Matter of Granting Authority to the County Administrator to Sign a Contract With Willamette Family Treatment Services, Inc for $54,913 in the Department of Health and Human Services.

MOTION: Approval of the Consent Calendar. Green MOVED, Dumdi SECONDED. VOTE: 5-0.

9. HEALTH AND HUMAN SERVICES

a. ORDER 97-1-15-5/In the Matter of Appropriating $1,974,523 in Unanticipated Revenues and Expenses; and Establishing 1.37 FTE in Fund 86 for Parole and Probation Services in the Department of Health and Human Services.

Linda Morrison introduced Steve Lauch, new Parole and Probation Manager. She provided a brief review of this item (see material on file).

MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. Cornacchia noted that there will eventually be another discussion regarding the proper location for Parole and Probation. VOTE: 5-0.

b. ORDER 97-1-15-6/In the Matter of Approving an FTE Adjustment in the Department of Health and Human Services.

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

10. REVIEW ASSIGNMENTS

Not done today.

11. EMERGENCY BUSINESS

None.

This meeting recessed at 11:00 a.m. after completion of all business except Item 7.b. to attend the opening ceremony for the Shankle Safe Haven facility. The meeting reconvened at 1:30 to hear Item 7.b. (seen above in numerical order).

There being no further business, this meeting adjourned at 2:40 p.m.

 

Sharon Giles
Recording Secretary

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