June 16, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor - following MWSD
Commissioner Bobby Green, Sr. presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Zoe Gilstrap were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 99-6-16-1 Adopting the 1999-2000 Lane County Budget, Making Appropriations and Levying Taxes.
Tanya Heaton, Management Analyst, gave an overview of the adjusted budget showing the changes the Board requested yesterday (see material on file).
Green opened the public hearing. There being no one who wished to testify, Green closed the public hearing.
MOTION: Approval of the Order Adopting the 1999-2000 Lane County Budget, Making Appropriations and Levying Taxes as amended in yesterday’s meeting.
Dwyer MOVED, Sorenson SECONDED.
Morrison stated that she did not support an additional 5% surcharge on permits in Land Management yesterday. She said approving this today would be in conflict with her vote on the surcharge.
Sorenson stated that in approving this budget, the Board has done the best that they can do, however, he urged them to continually pursue ways to make county government more efficient and effective while looking for a revenue stream that is fair and equitable.
Weeldreyer agreed, stating that there is resourcefulness on the part of county departments to do what the taxpayers have indicated, which is to do more with less.
Dwyer stated that other than the Land Management Division, the Board is holding the line, stressing that this is a very prudent budget. He stated that they need to pursue strategic planning to have a better system next year.
Green commented that this is the budget recommended by the Leadership Team and the Budget Committee. He emphasized the need to continue to educate Salem about local government. Green noted that the Budget Committee was involved when direction was given to the Land Management Division to take the fee increase to Finance and Audit. He stressed the need to continue to be disciplined.
VOTE: 4-1. Morrison dissenting.
3. PUBLIC COMMENTS
4. COMMISSIONERS' ANNOUNCEMENTS
Dwyer stated that there is a Parks Advisory Committee meeting tonight. He said there is also a hearing tonight at Thurston High School regarding the removal of barricades at 57th and 58th streets, north of Main Street.
Weeldreyer announced that the Bonneville Power Administration will be making some fiber optics lines available for public benefit. She explained that they would be used to form a loop from Portland to Eugene to Coos Bay to Klamath Falls to Bend to the Dalles and then back to Portland. Weeldreyer said there will be a meeting at the Lorane Grange on Friday, June 18th with representatives from BPA to discuss the NUCOR project. Weeldreyer also stated that the McKenzie Valley Residents Association annual picnic will be on Saturday, June 19. She noted that tonight she will be representing Lane County and the Lane Economic Committee at the Cascades West annual dinner at the Valley River Inn. Weeldreyer also noted that August 25-27 is the Association of Oregon Counties' Legislative Committee retreat.
Morrison stated that last night she conducted a reality 101 class at Camp Florence for about 15 juvenile boys. She announced that she would be in Medford on Monday for a federal house subcommittee hearing on the Clinton Forest Plan at City Hall.
Sorenson stated that the Y2K Steering Committee is meeting tomorrow. He said he has talked to the Pioneer Youth Corps and will be touring their facility.
Green announced that Dr. Michael Lindsey will attend tonight’s Commission on Children and Families meeting and will give a presentation on the village model and the idea that not only does it take a whole village to raise a child but also that the village itself must be healthy.
5. EXECUTIVE SESSION as per ORS 192.660
6. COUNTY ADMINISTRATION
7. PUBLIC WORKS
a. ORAL REPORT BACK Herbicides at Blue Mountain Park.
Bob Keefer, Parks Manager, reported that last February, the Board requested that herbicides not be used for vegetation control in Blue Mountain Park. Keefer stated that 70 acres of seedlings have been planted in the park. He said Parks and the Northwest Youth Corps made a site visit to pursue possible manual removal of the vegetation around each seedling. Keefer stated that Northwest Youth Corps has agreed to enter into a short contract to clear the vegetation around each seedling two to three feet in radius. He said this work would begin on June 28 with 3.5 acres being completed per day at a cost to Lane County of approximately $71 per acre. Keefer indicated that spraying was approximately $80 per acre based on their forestry consultant’s estimate per application. He stated that if the Youth Corps completes the project sooner than anticipated, they will do other work within the park and, if it takes longer, the Youth Corps will absorb the cost.
Keefer stated that he plans to do four demonstrations on quarter-acre plots: 1) no vegetation management control; 2) manual vegetation removal now and again in the Spring; 3) manual vegetation removal now and an herbicide application in the Spring; 4) herbicide application now and again next spring. He stated that they would look at the plots in September of 2000 to see the differences.
Keefer also said they will be applying for a GWEB grant per Dwyer’s suggestion to assist with another manual removal next Spring.
Dwyer stated that Keefer’s efforts will put kids to work, keep chemicals out of streams and obtain possible outside funding. He applauded test spotting because it will give a better idea of chemical versus manual applications.
Regarding spot testing, Morrison asked if Keefer planned to do before and after photography. Keefer replied that he will and will use a forestry consultant to assist them in this effort.
b. ORDER 99-6-16-2 Amending the Public Works Five-Year Capital Improvement Program, FY 99-00 Through FY 03-04, by Adding Greenhill Road Between Fiddler’s Green Golf Course and Airport Road in FY 99-00; Adding Greenhill Road to the FY 99-00 List of Public Improvements; and Entering into an Intergovernmental Agreement with the City of Eugene for its Design and Construction.
Ollie Snowden, County Engineer, gave a report on this item (see material on file).
Dwyer stated that this is a win/win situation for Lane County, noting that the FAA, which is requiring these improvements, has provided money to meet that requirement.
Green agreed that this is a win/win situation.
MOTION: Approval of Order.
Dwyer MOVED, Morrison SECONDED. VOTE: 5-0.
c. THIRD READING AND DELIBERATION Ordinance PA 1128 Amending the Eugene-Springfield Metro Area General Plan to Adopt a New Residential Land Use and Housing Element and Related Changes to the Plan Text and Glossary; and Adopting a Severability Clause.
Michael Copely, Sr. Planner, reviewed this matter and noted the new material that has been submitted (see material on file). He introduced the planning staff, Jim Croteau, City of Eugene; Claire Van Bloom, Lane Council of Governments; and Robin Johnson, City of Springfield. He noted that Jan Childs, City of Eugene, was also present.
Green noted that he was comfortable with the staff recommendation to continue this item to a Third Reading on August 11, 1999.
Van Bloom stated that they are recommending the deletion of the "single family attached" and the "multi family" definition in the Metroplan glossary because they are having difficulty with language that would cover the Eugene and Springfield land use and building codes. She said they would research this further when they get into the housekeeping task part of the periodic review work program.
Copely stated that following today’s work session, the plan will go back to the two cities for final approval.
Green asked the Board if they would like to have another work session or a 4th reading. Copely stated that if they had any changes or suggestions, now was the time to discuss them. The following changes were requested: Morrison said she would like language included to say that all new development will pay property taxes. She also said that Staff Recommendation Finding 12, Policy 6 should not be changed to five years and, instead should be for "five to ten years" in order to successfully obtain funding for infrastructure needs. Croteau responded that policy is to have a five-year supply of housing land because of the difficulty of committing services when it is unknown what kind of services are going to be needed in ten years. He said this policy relates only to having a five-year supply of serviced land available and is not dealing with funding or how capital improvement programs are developed. Croteau said it is only so that homebuilders always have a five-year supply that they know is serviced.
Green referred to the Homebuilders Association and the attorney-recommended change to pay a greater share of the cost of development. Green said there is a difference between language of "should" and "shall" where cities say they shall look at ways to provide incentives. Morrison said shall is a mandate while should isn’t. Croteau stated that this didn’t come up when it went before the two city councils. Green stated that the word makes a difference in application and asked why the Homebuilders Association would be opposed to the cities giving themselves a mandate to look for ways to benefit the homebuilders.
Responding to Morrison’s question about the affordable and/or higher density housing, Croteau stated that the incentives offered in the past providing for higher density have not been viewed by the Homebuilders’ industry as an incentive. He said they still would need to look at subsidies and incentives for higher density development. Sorenson said it is important to include the higher density component for desirable housing.
Dwyer asked why regional parks where excluded from neighborhood parks. Van Bloom said regional parks are designated parks and open spaces while smaller neighborhood parks continue to have residential zoning. Dwyer stated that the issue of development of open space in Springfield would need to be discussed at some point.
Croteau stated that the Board has brought up several general issues with specific changes to include language to state that new development will pay property taxes and to look further at the language "should" and "shall." He said he would propose that the cities adopt this plan with these changes, stating that this will come back to the Board as a final document.
MOTION: To set Third Reading and Deliberation Ordinance PA 1128 Amending the Eugene-Springfield Metro Area General Plan to Adopt a New Residential Land Use and Housing Element and Related Changes to the Plan Text and Glossary; and Adopting a Severability Clause.
Sorenson MOVED, Weeldreyer SECONDED. VOTE: 5-0.
d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1131 Adopting Amendments to the Rural Comprehensive Plan and the Veneta Comprehensive Plan to Enlarge the Veneta Urban Growth Boundary and Redesignate Affected Lands from a Rural Comprehensive Plan Designation to a City Plan Designation and Rezone These Affected Lands from a Lane Code Chapter 16 District to a Lane Code Chapter 10 District, Adopt Text Changes to the Veneta Comprehensive Plan Document and Adopt an Exception to Statewide Planning Goal 14, and Adopting Savings and Severability Clauses (file PA 99-5306; City of Veneta) (Second Reading & Public Hearing: June 30, 1999, 1:30 p.m., Harris Hall Main Floor).
MOTION: To set Second Reading and Public Hearing on June 30,1999, 1:30 p.m. in Harris Hall.
Morrison MOVED, Dwyer SECONDED.
The meeting recessed at 10:50 a.m. and reconvened at 11:03 a.m.
8. CONSENT CALENDAR
A. Approval of Minutes:
April 14, 1999, Regular Meeting, following HACSA
April 21, 1999, Regular Meeting, 9:00 a.m.
April 21, 1999, Regular Meeting, 9:00 a.m.
April 21, 1999, Regular Meeting, 1:30 p.m.
B. County Administration
1) ORDER 99-6-16-3 Amending Board Order 99-1-13-1 Regarding the Appointment of a Commissioner to the Lane County Save Committee.
C. Management Services
1) ORDER 99-6-16-4 Authorizing the Sale of Surplus County Owned Real Property to Stephan and Lauretta Powell (Map #18-06-24-00-00905, Adjacent to 24971 Sturtevant Road, Veneta)
MOTION: Approval of Consent Calendar.
Dwyer MOVED, Sorenson SECONDED. VOTE: 4-0 (Weeldreyer out of the room).
9. HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 99-6-16-5 Appointing Four Members to Fill Vacancies to the Mental Health Advisory Committee.
Rob Rockstroh, Department Director, reviewed the agenda material (see material on file).
Sorenson stated that there are several outstanding members. He recommended approval of a third term for Mr. Rogers. Sorenson said there are two applicants whose responses indicate conflicts of interest or potential conflicts. Rockstroh stated that if an applicant has a contract with a direct fiduciary interest, they would not accept them. He said they are looking at contractual interests. Sorenson noted that a person who is a parent of a child with a mental illness could contribute knowledge and experience to the committee. Sorenson asked about an applicant that works for Services to Children and Families and has involvement on several boards. Rockstroh stated that they look for that experience as long as there is no fiduciary interest.
Dwyer expressed concern about an applicant who is a board member of Options. Rockstroh stated that as a board member of Options, she would be asked to resign if she were to accept this position.
MOTION: Approval of the Order Appointing Four Members to Fill Vacancies to the Mental Health Advisory Committee with the caveat that Depew to be accepted only if she resigns from the Options Board.
Sorenson MOVED, Morrison SECONDED. VOTE: 5-0.
ORDER 99-6-16-6 Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840) Effective July 1, 1999.
This item was taken at yesterday’s Board of Commissioners’ meeting.
10. MANAGEMENT SERVICES
a. ORDER 99-6-16-7 Authorizing the County Administrator to Execute a Four Year Lease Agreement with the Federal General Services Administration with $96,000 in Projected Revenues for the Daycare at 540 Oak Street, Eugene and a Four Year Renewal of the Operations Agreement Between Lane County, Busy Barn, Inc. and the Forest Service.
Jeff Turk, Property Manager, briefly reviewed this item (see material on file).
Morrison asked about lease requirement of a 30-notice in writing. She said the normal time is for not more than 120 days and not less than 60 days. Morrison stated that she has had leases with the Federal government and has mandated this language. She said she wants this language for more flexibility to deal with the property. Morrison also asked about the drop in income and expenses over the years. Turk explained that when the building was first purchased in 1989, the County remodeled it into a daycare facility and repayment for that by the federal government repaid has shown up as rent income. Responding to Morrison, Turk noted that there were separate termination agreements based on separate BBI, GSA and the Forest Service.
Dwyer noted the importance of daycare.
Turk stated that he will approach the Federal government about time requirement for lease notice.
MOTION: Approval of the Order.
Dwyer MOVED, Weeldreyer SECONDED. VOTE: 5-0
b. ORDER 99-6-16-8 Establishing the Classification and Salary Range for the Mental Health Medical Officer.
Hector Rios, Personnel Analyst, gave an overview of this item (see material on file).
Green stated that he supports this proposal, noting that it supported by a grant.
Sorenson asked if Sacred Heart could block this position because of denial of acceptance to medical staff. Teresa Wilson, County Counsel, stated that the person must be eligible for appointment to medical staff but that if Sacred Heart chose not to make them a member of their medical staff, it does not eliminate Rockstroh’s power to make the appointment.
MOTION: Approval of the Order.
Dwyer MOVED, Morrison SECONDED. VOTE: 5-0.
11. EMERGENCY BUSINESS
ORDER 99-6-16-9 Approving $1.2 Million for Repair of the London Road Slide and Authorizing the County Administrator to Execute an Agreement with the Oregon Department of Transportation.
Ollie Snowden, County Engineer, reviewed this item (see material on file). He stated that because there is federal money involved, it is the Oregon Department of Transportation’s project (ODOT) and they are responsible for the design and will contract the project. Snowden said they learned that at the national level, the emergency relief money was exhausted, leaving no emergency federal money for this project. He said the County’s choices at that time were to do nothing, roll the project to next year in hopes of getting emergency relief funding or to pay for the project up-front with County money in anticipation of getting federal reimbursement in the future. Snowden noted that ODOT has said the County cannot roll it over to year 2000 and still remain eligible for any federal reimbursement. He said the best choice in order to get reimbursed would be to contract it this year with County money. Snowden further explained that there are really two choices: 1) pay for it out of the reserve account; or, 2) ask ODOT for an advance on the County surface transportation money that comes on a formula basis through the federal government. He said the latter is their choice because it allows the County to draw interest on the reserve account as well as use future federal money.
Sorenson stated that when this happened in 1996, because it was connected with a federally designated emergency, 90% would be eligible for federal monies, but then in May 1999, they were told that the entire amount has to be borne by Lane County’s road fund. He asked why Weyerhaeuser doesn’t pay the 90%, stating that if there is any reimbursement to Lane County, it can be given to them. Snowden explained that Lane County had an agreement with Weyerhaeuser to provide that they would pay for half of the consulting fees and stabilize the upper slide, which they have done. He said Weyerhaeuser has upheld their part of the agreement and if Lane County wants to do something different, it would have to be renegotiated with Weyerhaeuser. Snowden said they must decide if they want to leave the slide the way it is this winter or do something now and try to get reimbursed by Weyerhaeuser at a later date. Sorenson said that because this happened in 1996, the odds are low that there will be any money for federal disaster relief in the summer of 1999. He voiced concern about overspending the road fund.
Snowden stated that there is a good chance Lane County will get some money back but there are no guarantees. He said the project would remain eligible for reimbursement for three years after it is completed.
Dwyer asked what goes away if there is no reimbursement. Snowden replied that that is determined by the Board and suggested that they look at the CIP for next year look and at the reserve. He stated that the Board could decide to drop something or change funding with the small cities. Dwyer stated that the Board should talk to the legislature as well as communicate with ODOT about how important this is because the impact is to the people in that community, not Weyerhaeuser.
Weeldreyer stated that there has been a lot work on this at the Federal, State, County and local level, noting that Congressman DeFazio has worked hard on this project and for reimbursement.
MOTION: Approval of the Order with the understanding that the Board of Commissioners aggressively approach members of the congressional delegation for reimbursement, utilize future money and put this on the United Front agenda.
Dwyer MOVED, Morrison SECONDED.
Sorenson stated that he voted against this when the Board first made the agreement with Weyerhaeuser because he felt they were not contributing their appropriate share. He said he voted yes when it was brought back as eligible for 90% emergency relief funding from the federal government. Sorenson stated that it still bothers him that they are not seeing responsibility on the part of the people that caused this problem but is more concerned about the people living in that community than the amount of deficit in the road fund. He said he agrees with Dwyer’s suggestion to modify the order to ask for help from the County's congressional delegation.
Commissioner Green recessed the meeting at 11:57 a.m.
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