minhead.gif (11357 bytes)APPROVED APPROVED 5/12/99

March 31, 1999
REGULAR MEETING BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor - Following HACSA

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 Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

Green stated there will be three emergency business items.

2. PUBLIC COMMENTS

Dale Riddle, P.O. Box 851, Eugene, stated he was present to talk about the Clear Lake issue as there was not a public hearing on the matter. He notified the Board about a legal procedure that will take place at 1:30 p.m. in Federal Court in front of Judge Coffin regarding this matter, whereby they are seeking a restraining order enjoining Heceta and Lane County from entering into the intergovernmental agreement, allowing the transfer of County land to Heceta for purposes of withdrawing three million gallons of water out of Clear Lake. He said they are asking for a time frame to sit down with the parties to find out technical information and to mediate to some type of resolution. He said he was looking at a time frame from between 30 - 60 days. He said the County is unwilling to grant them that amount of time. He said he had a meeting with Bill Van Vactor, Roy Burns and Ellie Dumdi who asked for a personal meeting with Aaron Jones and Whitey Howard, to convince them to stop the lawsuit in Federal Court and to mediate a dispute that Lane County was having with the Heceta Water District. He added that Lane County had met with Heceta and thought that a resolution may be reached. He said he was against the idea as there had already been a lawsuit filed in Federal Court. He said Jones and Howard were against that but a meeting was set up. He said out of respect for the County, they would be involved in the mediation with Heceta. He said the County's issue at that time was Heceta said it had land use authority related to the Clear Lake Watershed. He said they took part in the mediation and it stopped them for over two years and cost over $50,000. He added in the waiting process, Whitey Howard had passed away and another client was incapable of going through the settlement negotiations and never saw her land being used on Clear Lake because she died recently. He added Aaron Jones has an easement restriction on the lake that limits withdrawals to one million gallons. He asked not to take action on the agreement until they have the judge hear their causes. He added that they entered into a settlement agreement with Heceta in 1996 arising out of the case and the settlement agreement required disputes related to the use of the lake to be mediated by Judge Coffin and it specifically required that the easement to be mediated. He said as property owners of the lake, they have certain access rights to use the lake as property owners and Lane County is allowing Heceta to deny them their rights. He said there is a dispute now between them and Heceta over the use of the lake. He added if the Board does go forward and agrees to enter into the agreement, he asked that the Board not go forward with the conveyance. He said no one will know what will happen to the lake if three million gallons of water are taken out on a day-to-day basis. He wondered if it was the most economical water source in the region or if there was water available elsewhere.

Dwyer asked if it changed the character of the injunctive proceedings if they adopted the Memorandum of Understanding.

Riddle stated the issue is what will be done with the Memorandum of Understanding, whether they convey the property to Heceta so they could get around the easement and withdraw excess amounts of water out of the lake. He said if that is what Lane County is going to do, they would object.

Dwyer stated it is inconceivable to him that this had gone on this long and no one ascertained what the best source of water might be.

Riddle replied that the studies showed there is adequate water elsewhere. He said it had been turned into a vendetta. He said the study clearly shows there is water elsewhere to satisfy the needs of the city according to their current comprehensive planning. He added the alternative water is in the aquifer.

Weeldreyer asked Van Vactor if the timing was to coincide with the decision before Judge Coffin or if this needed to be acted upon this morning.

Van Vactor stated he and Commissioner Morrison had been working on getting this back on the agenda ever since she took office. He said they scheduled a meeting with Dale Riddle in early February, Riddle got ill and it was a matter of getting it rescheduled. He said the County is not a party to the case with Heceta and he said he had not seen a settlement agreement.

Green noted there was an effort before the end of last year to try to get resolution to this and it was unsuccessful, so a special meeting was held and it ended up on the Future Agenda Calendar.

Riddle stated he promised at the special meeting that he would try to put a proposal together for Heceta to try to settle it. He said he got the proposal to Heceta on January 8, 1999, his brother-in-law died on January 5, and he got the proposal out as fast as he could, but had not heard back from Heceta. He said he read about the rejection in the newspaper, but they had not come back to him directly.

Green suggested to have a discussion on the issue and before any decision process, to recess into Executive Session to have a conversation with the County's counsel about possible implications around this, and then come out of Executive Session to deliberate.

3. COMMISSIONERS' ANNOUNCEMENTS

None.

4. COMMISSIONERS' BUSINESS

a.  ORDER 98-12-9-16 Authorizing an Intergovernmental Agreement with Heceta Water District and City of Florence Regarding the Clear Lake Watershed and Delegating Authority to the County Administrator to Sign an Agreement.

Morrison reported there had been a lot of information back and forth on this over a long period of time and in reality the situation that Dale Riddle discussed is between Heceta Water District, Aaron Jones and property owners around Clear Lake. She said it had nothing to do with the intergovernmental agreement between Heceta Water District (Heceta), the City of Florence (City) and Lane County. She said it is a separate issue and thinks they would be partners with the City and Heceta in regard to a water source for the community itself, in identifying other sources of water. She added the City is currently using wells and there had been problems with the wells being a continuing source of water for the community. She said with the other areas that were identified, there was potential for them to have water, but it is not a true continuing source. She thinks that Lane County needs to move forward with this as it had been going on for a long time. She said the issue is Lane County is in negotiations with the City and Heceta around helping them to provide a filtration plant for the citizens of that area.

Van Vactor stated that in the recital portion of the intergovernmental agreement, it provided that the County would grant a permanent non-exclusive easement for the construction of a water withdrawal filtration treatment and transmissions facility on the 120 acres that Lane County owns adjacent to Clear Lake, and then to eventually transfer the title to the then applicable procedure to Florence and the Heceta Water District for public use only. He said it is conditioned on there being no challenges to the Clear Lake Watershed Protection Zone that was adopted on December 7, 1998 and to date, there had been no challenges filed and the terms and conditions of the memorandum of understanding of August 24, 1998 between Florence and the water district are fulfilled. He added that piece was a key component of the intergovernmental agreement. He said a major problem had been the disagreements between the governments and their relationships. He said during 1998, Heceta and the City were able to resolve them and adopt a cooperation agreement in terms of the management of the water from the lake for the Heceta Water District users as well as the City of Florence users. He said that it states it will not occur earlier than December 31, 2004, and the purpose of that clause is to ensure that they have established over a five year period, a long-term working relationship and the County at that point in time would be assured that that Memorandum of Understanding had been fulfilled. He stated the water district and the city then agreed to accept the easement and ultimately the land. He added they (Heceta Water District) commit to build, operate and maintain the withdrawal filtration treatment and transmission facilities in conformance with applicable laws and regulations and the filtration and treatment plant shall be located where it is not visible from the surface of the lake. He said they commit to fulfill the operations of the Memorandum of Understanding and agree not to challenge the watershed protection zone and to provide water at no fee to Harbor Vista Park, Heceta Beach and Munsler and Mercer Lake Boat Landings in perpetuity. He said they agreed to indemnify and hold Lane County harmless. He said the agreement indicates it is effective upon execution and may be terminated by agreement of all parties upon written notice, which takes 180 days, otherwise it goes forward. He said no amendment may be effective unless signed in writing by all parties. He added it requires unanimous agreement or the terms and conditions apply only when there is unanimous consent to change things.

Steve Vorhes, Assistant County Counsel, stated the provision that requires unanimous agreement has a termination clause, and in order to terminate the agreement, it takes unanimous consent. He added in terms of the County's interest, it is dealing with what happens to the property, and then turning it over to Heceta for the operation and the involvement in the filtration plant.

Roger McCorkle, Florence City Manager, pro tem, stated that things didn't get done for him or Commissioner Ellie Dumdi before the end of their terms last December. He added in the area of water rights, he will leave it for comments by Heceta since it is their water rights that they are dealing with. He said it is an intergovernmental agreement and there is no place for a signature by a private party. He said he attended meetings, (including one with Aaron Jones with Heceta and City representatives)with the idea that the problem would be dealt with by setting a three million gallon limit per day because of the size of the plant that will be built. He was told that Dale Riddle would get that to him, and in a couple of days he received back a seven page intergovernmental agreement that was beyond the item he thought they had resolved. He said Mr. Riddle's clients want Heceta and the City off of the lake. He added Riddle made comments about their ability to have process and if the City and Heceta signed an agreement, they would have to have Aaron Jones' permission to stay on the lake beyond ten years. He said there is nothing in their interests to ever agree to an extension of a supplemental agreement that had a ten year time limit. He said that means that Heceta would be signing away their water rights to that body of water. He said there are three identified water sources in the area. He added one is where the current city's well field is, (which is maxed out) one is Clear Lake and the third one is to the northwest quadrant, north of Heceta Beach Road. He said studies indicate in the long run, all three of the quadrants will be needed and the sequence does not make much of a difference. He added a decision was made because Clear Lake was there and was a surface source to meet federal requirements of a filtration plant. He said Heceta had been under mandate to put in a filtration plant for six years, that had been put in abeyance and extended. He added development of a new well field would be a minimum of five years away and more realistically somewhere between 5 and 10 years. He added it doesn't answer the immediate needs of Clear Lake for the area. He said the studies say the lake will sustain three million gallons of water a day, even in time of drought. He added both studies done by Riddle say that it is not a problem. He said they have recommended as a way of protecting the lake, not only for the government entities but also for the use of the private property owners, the development of some type of weir dam structure at the outlet to maintain the lake, to increase the reservoir capacity for Florence's use and for Riddle's clients' use. He added it is not a situation where either entity could ever sign off on an agreement that would put them in a position ten years from now, abandoning everything and walking away. He said it would be good business on part of the County for a five year postponement

Sorenson said assuming the Board of Commissioners approve the intergovernmental agreement with Heceta Water District and the City of Florence, he wanted the parties involved to address two questions: one, the impact on the water supply for residential users in Florence and in the water district and if they go ahead with this agreement, their opinion on the impact of the agreement to the environment, and the impact of fish in the lake.

McCorkle responded that the impact on the water supply, in the long run, is that all of the water sources are necessary for providing the water. He noted that Mr. Riddle indicated that there was water available without Clear Lake, but the offset is the quadrant of land that cannot be developed because it is sitting under the city. He added the water flows for the most part northeast to southwest and that quadrant is the last one that water is coming through. He said the impact of the water supply without the use of Clear Lake is that their water needs will not be met. It was his opinion that the amount of water that can come out of the lake is not a problem if the lake level is maintained by the placement of some type of weir. He added he does not see it as being an impact on the environment.

Weeldreyer questioned whether the City and Heceta Water District had any concerns with the Board tabling this matter until after the meeting with Judge Coffin.

McCorkle responded that he didn't think that it was necessary, as they were asking to deal with the original agreement that was between the clients and Heceta, which is not a part of Lane County.

Robert Moulton, Attorney, stated he was representing the Heceta Water District. He stated Lane County wanted them to get together with the City of Florence and work out the common water problems in the Florence area. He added it became obvious that the water for the City and Heceta comes from the Florence aquifer. He said the studies have indicated that in the long run, they will have to get water from the lake, the northwest quadrant and the southeast quadrant, (where the City presently has wells) in order to supply water for the projected growth up to the year 2020, in that area. He said the water district has a water right on the lake of up to four million gallons and it is a state given water right. He said Heceta passed a bond issue to take care of building a filtration plant that was required to use the water out of the lake and said part of the problem was that in 1967 they got an easement and the easement said they could take no more than one million gallons per day. He said the only way they can get to the lake is from the land that Lane County would give to the City and Heceta and use their water right. He added the easement was across Aaron Jones' property and the limit was only in the easement. He said they would be willing to share the costs with Mr. Jones to put a weir in, raising the level three feet. He said they would be willing to do that but Jones said they were in violation of the settlement agreement from the Court. He stated they dispute that. He stated he heard from Commissioner Morrison that she didn't think the agreement was really part of the issue as far as the intergovernmental agreement with the City and the County and Heceta. He said they submitted a letter indicating that they denied they violated the agreement. He said they had indicated that they were willing to work out an agreement on the raising of the level of the lake, but will not give up the water right.

Weeldreyer said that the Heceta Board took action and it was reported in the newspaper, but there wasn't any type of notice sent to Mr. Riddle. She said it indicates that there are challenges in keeping the line of communication open so the County will not be in the middle of this dispute.

Moulton stated that Riddle wants Heceta to pull out, so they can't build a filtration plant and pipeline that is permitted under the intergovernmental agreement.

Green said if he were to move, he would give them 30 days and on the 31st day have a document on his desk that everyone could live with, and if not, he would be willing to take action. He said there had been enough time for something to have happened. He stated he wanted to talk with County Counsel.

Weeldreyer asked if the weir proposal solved the problem of lowering water on the lake.

Riddle responded there was a provision in the intergovernmental agreement that required lake level maintenance and that disappeared when Heceta went to Morrison and legal counsel, and that promise had been taken out. He said there have been no agreements or promises at all to maintain the level of the lake.

Van Vactor said there were two reasons why they had taken the required lake level maintenance out of the intergovernmental agreement. He said one is that he met with Morrison and she had concerns about the weir and dam structure from a practical construction point of view, as to whether or not it might cause flooding. He said he then spoke with county counsel about liability and they had a conversation about the environmental consequences of the dam or weir structure and his view was that it was beyond his expertise on water law and he became comfortable with taking it out of the agreement between Heceta Water District and the landowner or the Heceta Water District and the City of Florence. He added the landowner and Lane County wouldn't be involved in the issue.

Morrison noted that particular component came in the January 6 letter with additional stipulations from Mr. Jones to the Heceta Water District on what they would accept. She said she had concerns about flooding and expressed the same concerns to Mr. Riddle.

Riddle responded it was not a concern and they said if it were to happen, they would need to have the lake level maintained both environmentally and for access to the lake.

Dwyer wanted to know what Lane County would be receiving for the 120 acres it is giving, and if the excess land could be used for any other purpose by the water district or the City. He also wanted to know if it would have any impact on the traditional uses by those residents that border the lake.

Moulton stated the uses of the lake are spelled out in the IGA, including what the County wants done with the property and how it can be used.

Van Vactor noted the text of the agreement provides that it is transferred to the City of Florence and the Heceta Water District for public use only, including the provision of water to Water District and Florence users, watershed protection and the Lane Community College land laboratory. He said the statutes in Oregon law provide that the political subdivisions may transfer property to cities and other municipal entities such as a water district, for public purposes and that is what this agreement provides. He added Lane County had transferred property that was acquired for other communities when they had been able to put it to use. He said the consideration the County receives is free water in perpetuity to the four park entities that are identified, plus it is a vehicle to resolve this longstanding issue. He said there are quite a few parcels throughout Lane County that they are unable to effectively manage and this is one of them.

Riddle reported that the Brown and Caldwell study showed all water sources will be needed. He said the Christensen study showed that there is adequate water supply on the north of Heceta Beach Road and those supplies will have to be used in the future. He said if Heceta or Florence refuses to postpone the order, the County would be forced to convey the land and there is no way out as their is veto power in that provision. He stated that from the start he was waiting for a study from the City to indicate an economic comparison between the cost of staying on the lake or being removed off the lake.

Commissioner Green recessed the meeting into Executive Session at 11:00 a.m.

Commissioner Green reconvened the meeting at 11:30 a.m.

Green indicated that after the Executive Session and having an opportunity to speak with legal counsel, there are several opportunities in front of the Board and they need to delegate the authority to the County Administrator as far as the Memorandum of Understanding and the Intergovernmental Agreement is concerned. He said the Board has a minor role in the issue. He said they want to make sure that Lane County citizens who are not directly impacted by this, do not get pulled into it. He said they were asking the County Administrator to continue to work and protect Lane County and get greater indemnification. He said to go back to Heceta and Florence and let them be aware of the Board's concern to the extent that they are seeking protection. He stated the order had been read and it needed to be amended so it will give the County Administrator authority to have a further conversation with both Heceta and Florence to secure Lane County's rights.

Sorenson stated that it was a good course of action for the Board to take. He added the Board needs to make certain that this agreement protects the private rights of all land owners, and provides for strict observance to federal and state environmental laws and that Lane County insist there is an agreement and an indemnity clause, so in the event there is litigation over this agreement or the implementation of the agreement, the City and the Water District indemnify the County for the expenses incurred. He said he wanted to move the matter so the County Administrator is directed to get the clauses in the agreement and sign the agreement so it could be implemented.

Morrison agreed with her colleagues on the concern about liability to all of the citizens of Lane County in regard to any legal action that could be forthcoming. She said to let the County Administrator go forward in working further with the City of Florence and the Heceta Water District around the particular clause of indemnification. She said she understands and does not totally agree with it because it is not necessary and thinks it is a form of blackmail. She added at this point she will go ahead because it needs to get moving.

Green noted the other option was to do nothing, but it wasn't really an option. He wanted to approve the order to the degree that had been talked about with a 30 day window and to give legal counsel the flexibility to have the order come back in similar substantive form so they could make whatever amendments that would be necessary.

Vorhes stated if the Board was interested in going forward, he recommended to modify the order to say that they approve an Intergovernmental Agreement and delegate authority to the County Administrator to sign an agreement substantially similar to the agreement that is in the packet, and to establish a time frame for the delegation.

Dwyer said that should be the way to go to put some conclusion to it. He said he wanted to give the authority to the County Administrator to make those decisions based on their concerns and allow him to make sure the County is indemnified and the action they take today will finalize that in 30 days from today, authority to sign the agreement without coming back to the Board.

Green noted that it had been moved to authorize the County Administrator to sign the agreement about the concerns that were raised by the Board in terms of indemnification and making sure that what is agreed to between the interests is spelled out.

Morrison SECONDED.

VOTE: 4-1 (Morrison dissenting)

b. DISCUSSION South Lane Tour Route/Sign Code Issues.

Weeldreyer noted that South Lane County had been designated as a tour route for purposes of putting together the Oregon Transportation Department's map for the upcoming summer season, to feature the covered bridges. She stated it is important to the City of Cottage Grove and they have been approved as a scenic tour route. She added that one of the requirements that ODOT had for a scenic tour route is that there needs to be a limited ability to do signage so that it stays scenic.

Ollie Snowden, Public Works, said his staff had talked with ODOT and it appears that they will not be able to meet the timelines that ODOT set in order to have this published with the 1999 brochure. He said ODOT stated if Lane County amends its sign ordinance and they like the wording, ODOT will include the tour route in the year 2000 brochure. He said they don't have to start over, they will be on the top of the order for the year 2000 brochure.

Weeldreyer noted there was a May 1 deadline and in order for them to meet the deadline, they would be including some ordinances that had legal costs involved.

Snowden said that ODOT proposed two choices, one, changing the ordinance, and the other was to get a letter from legal counsel indicating they had authority under their current zoning ordinance to restrict off-premises advertising.

Vorhes said if the Board is going to amend the zoning code, there are legal notices that are required. He said one is not possible, to comply with the 45 day notice to the LCD prior to amending the land use regulations. He said there is an expedited notice procedure for the post acknowledgment amendments that could be used and whether it would be a success would be questionable. He said the difficulty with just writing a letter is that there are code provisions in the zoning code in Chapters 10 and 16 that call out as outdoor advertising as a permitted use in those zones. He said the ability to represent to ODOT that those off premise signs could not be put along the route, is limited by those two zones.

Weeldreyer stated she was looking for direction if they had to change the ordinance because there will be a time process that will need to be fulfilled. She said it didn't look like the May 1 deadline could be met that ODOT would need for printing purposes for their scenic tour route map. She added it is important to South Lane County and to the City of Cottage Grove and would like to see Lane County move forward to make that appropriate change in the ordinance so they can have it become a tour route for next year's purposes. She asked the Board for authorization for staff to continue working with legal counsel to make the modifications necessary to the sign code to allow for this restriction.

Dwyer said his concern is that it should be broad enough, if such opportunity in any area could occur, that they don't have to continue to fix the code.

Snowden stated they turned in six tour route applications for Lane County and this was the only one they had accepted. He said the extent of the work will fall more toward Land Management than to engineering and looking at it on a global basis, there are notification issues countywide if it is limited only to the existing tour route.

Weeldreyer noted that it is only dealing with advertisements that are off premise.

Green said he would like to see something that encompasses all of Lane County, but given the fact that they are limited, he wants to protect staff as much as possible and wouldn't be opposed to using the South Lane County area as a model in the implications and to evaluate them, and he would be in favor of something like that in the scope of the work.

Van Vactor encouraged the Board to refer it to Land Management to get an analysis as to it being countywide and the implications vs. South Lane area and to have it on their work plan for the next year.

Snowden stated the only reason that Public Works got involved was because they put the application together for the tour route because it is a roads issue. He added it is one aspect of their requirements that they didn't meet and it is a Land Management issue.

Sorenson stated he was supportive of the effort and it should be a countywide ordinance.

Weeldreyer recommended that within 30 days, Land Management come back with a scoping of what it would take to modify the ordinance to meet ODOT's requirements for signage along scenic tour routes in Lane County, those proposed and those in the future.

5. EXECUTIVE SESSION as per ORS 192.660

Was held in the morning.

6. COUNTY ADMINISTRATION

a.  Announcements: None.

b.  Y2K

Rick Schulz, Budget Analyst, reported that Dale Wendt, Steve Vorhes and he went to Arlington, Virginia for a Y2K Seminar and Lane County's approach is on track. He said the timeline is short and there are a wide-range of opinions on Y2K. He said that Lane County is proceeding with the object inventory and have a good start on the highest priority items. He said departments are working on their contingency plans and they will meet again on April 5. He said with regard to the timeline, the review of the highest priority items of the inventory will be completed on April 15 and they will turn them over to Legal. He added these are for outside products, not the internal PC's or applications. He said the vendors will be contacted by June 15. He said with the contingency plans, the departments are working on them and the identifying of critical services and researching the planning document itself will be done by April 30. He said they will draft a contingency plan by June 30, with Dale Wendt taking the lead on it, but using department staff. He said they will be finalizing the contingency plan by July 31 and testing and practicing the plan through the end of the year. He added there will be a three day test to run the generator for 72 hours on Memorial Day.

Sorenson asked if Lane County was on schedule and whether anything else needed to be done.

Schulz responded that Lane County is behind, although they are ahead of other communities. He added they will find that more resources will need to be committed.

7. PUBLIC WORKS

a.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING 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 (Second Reading & Public Hearing: April 14, 1999, 7:00 p.m, Lane County Fairgrounds, Meeting Rm. #1).

Green read the ordinance into the record.

Dwyer stated that they asked for some overlays in regard to agricultural lands and soil classifications and how they will impact the current boundaries. He wanted to know when that information would be presented to the Board.

Green stated he will follow up with the request.

MOTION: to approve the First Reading and Setting Second Reading and Public Hearing/Ordinance PA 1128.

Weeldreyer MOVED, Morrison SECONDED.

Sorenson questioned what the implications would be for a no vote on this.

Dwyer stated he had already inquired and that this process was started years ago as a requirement to update the land base in terms of residential lands. He said the consideration of protecting Class 1 or Class 2 (the heavily agricultural) soils was not part of the consideration. He said it is his understanding that there should be direction to give them opportunities to make change. He added if it is their goal to protect the lands, then it has to be clearly indicated to the planners that the rules have changed and their goal is also to provide for the type of a land base that is necessary for growth but to also protect the sensitive lands. He said the County needs to grow smarter, not bigger.

Wilson stated the substance is correct, and the Metropolitan Plan and the process of amending the Metro Plan involves communicating with partners.

Green said it is something that is required that needs to be done and participating in the process is better than just a no vote to stop the population growth.

Dwyer said he will advocate protection of prime farm lands from development. He said he had stated his concerns and there may be ways to provide things that are necessary in terms of designating a supply of residential lands and protecting the sensitive farm lands that will produce the food that will be needed in the future.

Van Vactor said it would be prudent to have a brief work session and invite the planning staff that had been working on this so they can listen to the discussion.

Weeldreyer agreed that they need to be respectful of the people who had invested so much time in creating the document. She saw the issue as being at ground zero of the debate over how much prime soils should be protected with using lesser soils, but they may not be in a compact growth environment, or to tolerate a certain amount of extension of public services to protect islands of prime farmland and allow for growth on less productive and marginal lands.

VOTE: 5-0.

b.  ORDER 99-3-31-1 Amending the Belt Line Road - Junction City-Eugene Highway Agreement with Oregon Department of Transportation.

Ollie Snowden, reported the County has an obligation of $2.1 million to ODOT to fulfill the conditions of the 1978 Beltline/River Road transfer. He added ODOT has pledged $1,086,000 toward the County's Jasper Road extension project. He said what this agreement will do is to reduce the County's obligation on Beltline Road by $1,086,000 and will eliminate ODOT's commitment to the Jasper Road extension of $1,086,000. He said the benefit is the same money on the Jasper Road extension project and in their estimation, it will save a year in processing time and construction money of about 20%, because if ODOT money is involved, it will be a federal aid job, which means the Federal Highway Administration and ODOT are involved in doing the design review. He added the only condition is if the County doesn't build the Jasper extension, the County would be obligated to give the $1,086,000 back to ODOT for the 42nd Street project in Springfield or the County could do the 42nd Street project.

Green asked about Royal Avenue.

Snowden replied it goes to bid on April 28 and once the agreement is signed, ODOT will send a demand letter for the remainder of the money, $1,014,000.

MOTION: to approve ORDER 99-3-31-1.

Dwyer MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

8. CONSENT CALENDAR

A.Approval of Minutes: March 9, 1999, BCC Diversity Training, 9:00 a.m.
March 10, 1999, BCC Policies and Training on Harassment and Sexual Harassment, 9:00 a.m.
March 10, 1999, Regular Meeting, 10:30 a.m.

B.  Assessment and Taxation

1)  ORDER 99-3-31-2 A Refund to Cone Investment LTD Partnership.

C.  Health and Human Services

1)  RESOLUTION AND ORDER 99-3-31-3 Appropriating an Additional $10,626 in Revenue and Expenditures in Fund 286 for Individuals with Developmental Disabilities (PAAF #54 to the 1997-99 Intergovernmental Agreement 20-001).

2)    RESOLUTION AND ORDER 99-3-31-4 Appropriating an Additional $457 in Revenues and Expenditures in Fund 286 in the Department of Health and Human Services (34) (OHD Revision 7 and 8).

D.    Management Services

1)    ORDER 99-3-31-5 Award of Bid LCP 98/99-07 for Requirements Purchase of Printing Services.

E.    Public Works

1)  ORDER 99-3-31-6 Awarding a Contract to Eugene Sand & Gravel, Inc. for Oil Rock Production Various Stockpile Sites, Contract No. 98/99-05.

2)  ORDER 99-3-31-7 Approving a Change Order to the Contract With Babb Construction Company For Construction of Phase III Access Road and Initial Tipping Deck at the Short Mountain Landfill in the Amount of $47,067.09 and Authorizing the County Administrator to Execute the Change Order.

Morrison stated she wanted item 8. c. 2 and 8. e. 2 pulled.

MOTION: to approve the Consent Calendar with the exception of 8. c. 2 and 8. e. 2.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 5-0.

Morrison said she had questions about immunization and the dollars available to the children in the community. She said part of the agenda item is dealing with additional dollars. She said it is her concern that instead of dollars going towards immunization, it is going to preparation and in educating physicians and schools about the new requirement around 7th grade students and Hepatitis B. She added with the public health program for this fiscal year, the dollars that will be used for the public health program and the balance is going to the 4J school district. She wanted to know about the other school districts in Lane County and why it was only focused on 4J.

Rob Rockstroh, Health and Human Services, responded 4J School District decided to run school-based clinics which are public health clinics. He said education immunization is significant and there are about 1400 parents who do not get their children immunized. He added that private physicians are also doing immunizations. He said the school based clinics are active in providing public health functions.

MOTION: to approve ORDER 99-3-31-4.

Morrison MOVED, Dwyer SECONDED.

VOTE: 5-0.

Morrison said she wanted to make sure that when they are looking at costs and putting things out for bid, when engineers make estimates, there are changes and she wanted to know how flexible the Board is with budget concerns when they go over budget by a considerable amount. She said she had no problem approving the payment of it.

Green noted that because this was Short Mountain, that the Board needed to be as flexible as they possibly could be because it is difficult to manage.

Morrison said when something is put out for bid, the bid should be accurate enough so when the person bids, they know what they are being required to do.

MOTION: to approve ORDER 99-3-31-7.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

9. HEALTH AND HUMAN SERVICES

a.  ORDER 99-3-31-8 Establishing a Temporary Mental Health Associate Position in Fund 286 in the Department of Health and Human Services (34).

MOTION: to approve ORDER 99-3-31-8.

Sorenson MOVED, Morrison SECONDED.

VOTE: 5-0.

b. ORDER 99-3-31-9 Appointing Three Members to Fill Vacancies to the Health Advisory Committee.

Rockstroh stated that all three applicants are good. He added he had a hard time getting applicants for the committee as there are night meetings and people don't want to commit. He said these applicants had all been attending meetings several times.

Sorenson noted that there is no dentist or physician member. He said he is writing a letter to the Lane County Medical Society to try and interest physicians to be on the Health Advisory Committee.

Green reported the applicants are Steve Sakaguchi, Vicky Levine and Beverly Thomas. He said Steve's term runs until 2003, as he will be completing the term of a resigning committee member and Vicky Levine and Beverly Thomas will be appointed to a two year term.

Morrison said the medical community is not interested on being on the Health Advisory Board or giving input. She said having the committee should be reconsidered.

Green said that word of mouth is more effective and by making a phone call, it might motivate people. He said the method the County uses is not the most effective.

Dwyer said it could possibly be filled by a retired doctor and recognized that there is a problem not only on this commission but throughout the state.

Sorenson said in his judgment there are too many advisory committees. He said there are not a lot of people applying for the advisory committees and they meet at cost to the County government because staff goes to all of the meetings. He added a lot of the meetings don't have a quorum present and suggested thinking about a reduction or consolidation of advisory committees.

Dwyer suggested to start with the committees that consistently lacked a quorum.

Rockstroh noted that people aren't coming to the meetings because they don't believe that they have influence on the process.

MOTION: to approve ORDER 99-3-31-9.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

10. EMERGENCY BUSINESS

ORDER 99-3-31-10 Ratifying a New Labor Agreement Between Lane County and Lane County Public Works Association Local 626 for the Period through June 30, 2000 and authorizing execution.

MOTION: to approve ORDER 99-3-31-10.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

ORDER 99-3-31-11/In the matter of Authorizing a professional Service Contract with Patrick J. Mosey Authorizing the County Administrator to Execute the Contract in an amount not to exceed $10,000 in establishing Lane County's Bargaining Team for Negotiation with LCPOA.

MOTION: to approve ORDER 99-3-31-11.

Weeldreyer MOVED, Morrison SECONDED.

VOTE: 5-0.

ORDER 99-3-31-12 Awarding Lump Sum Payments to Engineer Technical Staff in the Engineering Division of the Public Works Department.

MOTION: to approve ORDER 99-3-31-12.

Dwyer MOVED, Green SECONDED.

Craig Starr noted that this was proposed as a matter of fairness to reflect what they had done with the agreement with 626. He said they previously received a payment that was based on 80% retroactivity like the proposal that was with 626 at that time. He said this would catch them up.

VOTE: 4-1 (Morrison dissenting).

Commissioner Green recessed the meeting to 1:30 p.m.

Melissa Zimmer
Recording Secretary

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