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November 25, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Commissioners' Conference Room - following HACSA

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

1. ADJUSTMENTS TO THE AGENDA

Items 7, 8, 10, 11, and 2 were heard following 9. a.

Weeldreyer stated the vote on item 9. a. would be postponed until 1:30 p.m.

2. PUBLIC COMMENTS

Nena Lovinger, 40093 Little Fall Creek Road, Fall Creek, stated Jim Mann, had loopholes in his report about Park and Campground Requirements (see material on file). Lovinger said she would like to see provisions for wildlife corridors, and ways to restrict noise and light pollution in the campground development requirements.

3. COMMISSIONERS' ANNOUNCEMENTS

Cornacchia stated he had received a letter from Cynthia Sinclair about animal control adjudications and he would seek additional staff input (see material on file).

Weeldreyer stated the Association of Counties (AOC) conference in Ashland was successful. Weeldreyer stated as part of the entertainment a group of gentlemen sung a song to Dumdi. Weeldreyer said the discussions on Telecommunication at the AOC conference was informative. Weeldreyer stated she had an interest to chair the new AOC committee entitled Communication Public Outreach and Education. Weeldreyer stated she had attended the community meeting on the London Road issue.

Sorenson stated he enjoyed the motivational speaker at the AOC conference.

Green stated he had enjoyed the AOC conference.

4. COMMISSIONERS' BUSINESS

a. ORDER 97-11-25-1/In the Matter of Appointing One Member to the Lane County Budget Committee.

MOTION: Appoint David Crowell to the Lane County Budget Committee.

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

5. EXECUTIVE SESSION as per ORS 192.660

To be held at 3:30 in the Commissioners’ Conference Room.

6. COUNTY ADMINISTRATION

a. Announcements.

None.

7. PUBLIC WORKS

a. ORAL REPORT/Presentation of City of Eugene Public Review and Hearings Process to Revise City Land Use Code to be Effective Within City Limits and Urban Growth Boundary.

Jan Childs, Eugene Planning Division Manager, and Teresa Bishow, Eugene Senior Planner, provided an update to the Land Use Codes. Childs said the Lane County Planning Commission had been given information on the project, and they appointed Steve Mo, Lane County Planning Commission President, as their liaison.

Bishow provided an overview of the Land Use Code Update (see material on file). Bishow said the emphasis of the public review was with the Eugene elected and appointed officials; however, there would be a time when the focus would shift to the Board.

Responding to Green’s statement that the city determine its cost impact by the collection of fees from the public, Bishow said that the city is operating on a cost recovery of less than 50%.

Cornacchia noted that the fees charged between the county and the city were relatively similar.

Referring to the reduction of public notices as a way to save money, Green asked what the impact would be to the public if the notices were reduced to the State’s requirement.

Bishow said Eugene’s notices are mailed to every household within 500 feet of a zone change, compared to the State’s requirement of a notice within 100 feet of a zone change. Bishow said the draft code suggests to decrease direct mail notices and rely more on neighborhood groups and leaders.

Responding to Cornacchia’s question about the rewrite time frame, Bishow said the Eugene Planning Commission would hold several hearings and a discussion which is scheduled to conclude in the summer of ‘98.

The Board gave direction for the Planning Commission to review the draft after the first phase of review.

Mike Copely, Public Works, said Steve Moe and Diane Burch were the two liaisons appointed from the Planning Commission.

Weeldreyer said if there continues to be a difference of opinion on whether the land use code should be a regulatory standard base code or a service oriented code, a lot of work would need to be done to have a uniform code.

b. DISCUSSION/Status Report Regarding Proposed Amendments to LC 16 for Parks and Campgrounds in the F-1 and F-2 Zones.

Jim Mann, Senior Planner, presented the Board with a third alternative that was not presented in the staff report, and stated this alternative would be the staff’s recommendation to the Board. Mann stated the third recommendation was to have the Planning Commission address any additional policy issues and refine the details in the proposals. Mann presented a draft proposal for standards in parks and campgrounds to the F1 and F2 Zones (see material on file).

Mann said he would like to compare the standards for parks and campgrounds to the standards that the County has for subdivisions and land divisions. Mann said the impact of parks and campgrounds to the land was similar to subdivisions.

Mann said because LCDC did not have standards in their forests rules for parks and records, they would like to review what Lane County has done for its parks and campgrounds in the F1 and F2 Zones, and use that standard as a possible model to update Goal 4 of the administrative rule and application for the entire state.

Mann said the proposal for the parks and campgrounds requirement encompasses several things: purpose, definitions, proposal explanation requirements, site development plan requirements, impact area information, use standards, and approval criteria. Mann said some additional issues that need to be addressed are "passive recreation," and expanding the notice requirements to cover an area of impact. Mann said a new document should be available when a public hearing is scheduled in February. Mann said public comment would be solicited prior to putting the document in code format.

Weeldreyer informed Mann that Alice Dole of Cottage Grove had submitted a packet that addressed some concerns about parks and campgrounds on the F1 and F2 Zones. Mann said he had conversations with Dole and the concerns in her letter would be discussed.

The Board gave approval for the McKenzie Watershed Council to work with Mann and Weeldreyer for additional feedback on parks and campground issues.

Responding to Sorenson’s concern on homeless individuals who may use campsites as temporary housing, Mann said additional discussion would be needed because of the limitation on overnight stays.

Referring to a letter sent by the Board about a RV (recreational vehicle) park north of Springfield on I-5, Sorenson said he had concerns with increasing the number of campgrounds if there was not adequate protection for the agriculture and impacts downstream from the campground sites.

Cornacchia said he had concerns in the document which addressed potable water in several paragraphs; however the issue of an on site sewage disposal was addressed in a couple of sentences. Cornacchia said he would like to see more detail and definition for the responsibilities of the park developer. Referring to the number for allowable camping spaces, Cornacchia questioned how the individual camp sites were determined and expressed concern about the number of camp sites at different camping locations.

Mann referred to the County campground data and said the ratio of sites per acres was .46 sites per acres and that equates one site per acre (see material on file). Mann said this type of density allowed a camping space to be integrated into the forest environment, and a lot of the campgrounds serve as an alternative park.

Because of a 11:30 a.m. time certain Lane County Jail Tour, the Board agreed to continue discussing this issue at a later date.

8. CONSENT CALENDAR

A. Approval of Minutes:
July 9, 1997, Regular Meeting, following HACSA
July 9, 1997, Regular Meeting, 1:30 p.m.
October 15, 1997, Regular Meeting, following HACSA
October 15, 1997, Regular Meeting, 1:30 p.m.
October 28, 1997, Work Session, 10:00 a.m.
November 5, 1997, Regular Meeting, following Board of Health
November 5, 1997, Regular Meeting, 1:30 p.m.

B. County Administration

1) ORDER 97-11-25-2/In the Matter of Entering into an Intergovernmental Agreement Between Health and Human Services and Lane Council of Governments (LCOG) for Purposes of Providing Staff Assistance for Criminal Justice System Planning and Analysis.

C. Health and Human Services

1) ORDER 97-11-25-3/In the Matter of Accepting Revenues of $181,220 from the State of Oregon for Low Income Weatherization Services; to Increase Appropriations in the Amount of $84,438 in Fund 85 for FY 97/98 and Delegate Authority to the County Administrator to Sign an Amendment with the Housing Authority and Community Services Agency (HACSA) to Provide Weatherization Services.

2) ORDER 97-11-25-4/In the Matter of Appropriating an Additional $255,446 of Revenues and Expenditures in Fund 86, and Awarding a Contract in the Amount of $249,653 to Willamette Family Treatment Services (IGA#20„001, PAAF #016 and #017).

D. Human Resources and Management Services

1) ORDER 97-11-25-5/In the Matter of Award of Bid LCP 97/97-07 for Construction Contract for Harris Hall Renovations.

2) ORDER 97-11-25-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Gary C. McAuley (Located on the Northwest Corner of First and Pine, Oakridge, Map 21-35-16-24-01900).

3) ORDER 97-11-25-7/In the Matter of Authorizing the Director of Human Resources and Management Services to Effect Interfund Loans to the general Obligation Bond Retirement Fund in an Amount Not to Exceed $1,200,000 and to the Correction Operations Fund in an Amount Not to Exceed $1,000,000.

E. Public Works

1) ORDER 97-11-25-8/In the Matter of Authorizing an Intergovernmental Agreement with the City of Springfield for the 2nd Street South Wetlands Mitigation Project.

2) ORDER 97-11-25-9/In the Matter of Entering into a Traffic Count Revenue Agreement with Oregon Department of Transportation (ODOT).

F. Youth Services

1) RESOLUTION AND ORDER 97-11-25-10/In the Matter of Approving an Intergovernmental Agreement in the Amount of $279,989.00 with the Oregon Youth Authority for Flexible Services to Delinquent Youth Under Supervision of the Department of Youth Services, Delegating to the County Administrator Authority to Execute the Intergovernmental Agreement, and Appropriating to the Budget of the Department of Youth Services $78,760.50 in Additional Expense Authority.

MOTION: Approval of Consent Calendar.

Green MOVED, Cornacchia SECONDED.

Referring to the minutes of July 9, 1997, Regular Meeting, 1:30 p.m., Dumdi noted that at the bottom of page 5, she had moved and Green had seconded the order.

VOTE: 5-0.

9. COUNTY COUNSEL

a. CONTINUED PUBLIC HEARING AND ORDER 97-11-25-11/In the Matter of Establishing the Boundaries for the Proposed Annexation of Most of the Area of the City of Cottage Grove to the Emerald People’s Utility District, Calling for an Election, and Providing a Ballot Title.

Weeldreyer opened the public hearing.

Teresa Wilson, County Counsel, provided an update of the order.

Cornacchia asked Wilson what her recommendation was to the Board.

Wilson stated the Board’s role was to set the boundaries and put the measure on the ballot.

Kevin Stephens, 622 R Street, Cottage Grove, stated he was a general business manager for Pacific Power. Stephens said because there were no highlighted areas on the list of households to be considered for annexation, he could not determine what households received EPUD (Emerald People Utility District) or Pacific Power services. Stephens stated he had concerns with the ballot title because it did not inform people what services would be replaced by what entity.

Tom Nelson, 1001 SW 5th Suit 1900, Portland, OR referred to ORS 261.171 on findings of evidence in order to have an election (see material on file). Nelson stated he had prepared a draft ballot title for the Board to consider (see material on file).

Responding to Green’s question, Nelson stated a citizen could read the voters’ pamphlet which would explain the ballot title in more detail.

John G. Swires, 950 T Court, Cottage Grove, stated he was the President for Habitat for Humanity in Cottage Grove. Squire stated he had signed the petition to call an election because he wanted voters to have a choice of their electric provider. Swires said the current provider had changed their policies without input from the community.

Tom Hoyt, 975 Oak Suite 700, Eugene, stated he was representing Pacific Power. Hoyt referred to ORS 261.190 and stated that the Board has an obligation to prepare and submit an appropriate ballot title and a summary of the question. Hoyt said if EPUD has the power to levy and tax citizens for a district to be annexed, that fact should be stated on the ballot title or the summary. Hoyt referred the Board to ORS 261.200 which deals with certification of the proclamation if the ballot passed (see material on file). Hoyt said he wanted to insure that the county election official did not count signatures on the petition by existing EPUD customers within the corporate boundaries of Cottage Grove.

Roy Miller, 1470 Harrison Court, Cottage Grove, stated when he had read the paper it lead him to believe that the hearings had been extended on the basis that the courts convinced the Board that the voters who petitioned for an election must also discuss their position in public with local or regional officials. Miller stated the petition had meet the requirement that read, "in order for a measure to be placed on a ballot it required 3% of the voters signatures."

Richard Larson, Eugene, stated he was a general counsel of EPUD. Larson said the summary of the ballot title is not to inform the voters of the pros and cons; but make sure the voters know what they are voting upon. Larson said the arguments for and against would be in the voters pamphlets. Larson stated to the best of his knowledge EPUD has never imposed a tax in the history of Oregon. Larson said by statute EPUD is required to recover all costs of acquisitions through their rate making process.

Responding to Sorenson’s question, Larson stated the boundary for annexation did not appear to be a problem for purposes of the election.

Bob Whittenberg, 81905 Lost Valley Lane, Dexter stated he was an engineer for EPUD, and there were no Lane Electric customers within the area for annexation.

Weeldreyer continued the public hearing at 1:30 p.m.

10. DISTRICT ATTORNEY'S OFFICE

a. ORDER 97-11-25-12/In the Matter of Accepting a $54,561 Grant From the Oregon Department of Justice, Appropriating $10,521 in Revenue and Expense in Fund 24 for Fiscal Year 1997-98, Adding .24 FTE in the District Attorney’s Office, and Delegating Signature Authority to the County Administrator to Execute the Grant Contract.

MOTION: Approval of Order.

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

b. ORDER 97-11-25-13/In the Matter of Accepting a $24,557 Grant From the Criminal Justice Services Division of the Oregon State Police, Appropriating $12,455 in Revenue and Expense in Fund 24 for Fiscal Year 1997-98, and Adding .25 FTE in the District Attorney’s Office.

MOTION: Approval of Order.

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

11. HEALTH AND HUMAN SERVICES

a. RESOLUTION AND ORDER 97-11-25-14/In the Matter of Appropriating an Additional $379,058 in Revenue and Expenditures in Fund 86 for Individuals with Developmental Disabilities (PAAF #18 to the 1997-99 Intergovernmental Agreement 20-001).

MOTION: Approval of Order.

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

12. REVIEW ASSIGNMENTS

None.

13. EMERGENCY BUSINESS

None.

There being no further business, this meeting adjourned at 11:20 a.m.

 

Tarra Withers, Recording Secretary

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