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Approved 1/19/00

November 30, 1999

WORK SESSION - BOARD OF COUNTY COMMISSIONERS

Commissioners' Conference Room - 9:00 a.m.

Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison and Peter Sorenson present. Cindy Weeldreyer was excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Jake Dudell, 890 W. 12th Avenue, stated he works with St. Vincent de Paul. He spoke in support of the homeless camping ordinance. He said the program has been successful for the City of Eugene. He noted that the ordinance need not be framed inside of a program, it could be between the faith communities and the homeless. He said it is important to allow homeless people to camp on the faith community property as well as businesses and non-profits in Lane County.

James Dean, 975 W. 5th, Eugene, encouraged the Board to look at the homeless program and pass the ordinance. He suggested to make it countywide and to pass it as soon as possible.

Tom Musslewhite, 458 Blair, Eugene, stated he works for the Homeless Action Coalition. He encouraged the Board to implement the new state statute countywide for religious institutions with the stipulations provided by the state. He noted the St. Vincent de Paul program has achieved a net cost savings for public safety in that there has been less police time required to deal with complaints about homeless campers. He suggested looking at providing public spaces in the metropolitan growth boundary. He said there should be a public campground.

E. Running Deer, Emanuel Credit Management, said the ordinance would be a good idea as he is homeless and it would give him a place to go to get back on his feet. He encouraged the Board to pass the ordinance.

Jon McFadden, 575 Knapp Lane, Eugene, suggested looking at single family residences and business housing the homeless. He urged the Board to consider the issue and pass the ordinance.

3. COMMISSIONERS' ANNOUNCEMENTS

Morrison announced that Heceta Water District may be back in front of the Board. She said there are still some things that have not been resolved with Judge Coffin.

Sorenson reported that he will be hosting a public forum on Solar Energy in Public Buildings.

4. EXECUTIVE SESSION as per ORS 192.660

None.

5. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor announced there will be another work group meeting on PERS tomorrow in Salem, so he will not be at the Board meeting. He reminded the Board that LCOG is moving and Health and Human Services Administration will move into their space.

b. ORDER 99-11-30-1 Authorizing Application for 1999 Community Development Block Grant Funding for Public Service Building Handicapped Accessibility Improvements; Committing Grant Matching Funds and Directing Staff to Continue Project Development.

Peter Thurston, Economic Development, reported this matter came on September 1 as a public hearing issue for a state block grant that makes Lane County eligible. He was directed to go back and look at a variety of projects and what rose to the top of the project is Exhibit "B" (copy in file.) He said the concept that was presented was to remove handicap accessibility problems in the Public Service Building and in Harris Hall. He noted it is not a guarantee that it will be funded as it is a competitive process. He reported this would authorize an application going to the state for up to $300,000 ( the maximum amount) for a handicapped accessibility grant.

Morrison asked where the grant matching money would come from as there is no operating budget to maintain the restrooms in Harris Hall.

Thurston replied that he provided (on page 2) enough to cover administrative costs. He said regarding the operations and maintenance question, there are restrooms in Harris Hall that are not currently operated and don’t have costs. He suggested that he and David Suchart discuss how that could be included in the operating budget .

Dwyer stated that it is a public building and the County is required by the Americans with Disabilities Act to do it. He said he sees it as a tremendous opportunity and the greatest chance of qualifying for the grant.

Green stated he was supportive of this as it made good sense.

MOTION: to approve ORDER 99-11-30-1.

Dwyer MOVED, Morrison SECONDED.

VOTE: 4-0.

c.  ORDER 99-11-30-2 Appointing a Representative to the Lane/Klamath Regional Fiber Consortium and the Fiber South Consortium.

Sorenson suggested to break this into two orders so it is clear that there are two different consortiums.

Wilson stated there are two separate groups and to make it clearer, there could be two paragraphs and she will amend the order.

MOTION: to approve ORDER 99-11-30-2.

Morrison MOVED, Sorenson SECONDED.

VOTE: 4-0.

6. DISTRICT ATTORNEY

a.  ORDER 99-11-30-3 Applying for Grant Funds in an Amount Not to Exceed $100,000 From the Violence Against Women Formula Grant Program Available Through the Oregon State Police.

Green stated he was in favor of this.

Annette Spickard, District Attorney’s Office, stated they have been successful in establishing domestic violence services in different parts of Lane County.

Morrison requested statistical data on how many of the monitoring devices are taking place.

MOTION: to approve ORDER 99-11-30-3.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-0.

Commissioner Sorenson presided over the next part of the meeting.

7. PUBLIC WORKS

a.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 10-99 Amending Chapters 10 and 16 of Lane Code to Add Provisions Prohibiting Off-Premise Signs Along the South Lane Scenic Byway Tour Route (LC 10.025 and 16.005) (Second Reading & Joint BCC/LCPC Public Hearing: December 14, 1999, 5:30 p.m., B/CC Conference Room).

Jim Mann, Land Management, reported the ordinance prohibits off-premise signs.

MOTION: to approve First Reading and Setting Second Reading and Public Hearing Ordinance No. 10-99.

Morrison MOVED, Dwyer SECONDED.

VOTE: 3-0 (Green left).

b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 9-99 Amending Chapter 11 of Lane Code to Add Provisions Authorizing Temporary Overnight Camping at Religious Institutions (LC 11.100-20) and Declaring an Emergency (Second Reading & Public Hearing: December 14, 1999, 1:30 p.m., Harris Hall Main Floor).

John Cole, Land Management, reported the Board asked the staff to look at allowing churches, synagogues and other faith communities to permit up to three vehicles housing homeless families and individuals within Lane County. He noted they inserted the language into Chapter 11 of Lane Code and have presented one possible option for supporting homeless camping at faith community locations with some social services.

Morrison asked if there was outreach with communications and the faith community.

Steve Manela, Human Services Commission, reported they spoke with St. Vincent de Paul and they surveyed and did outreach to rural churches, but the primary area they had response from was in the River Road/Santa Clara area. He noted in the proposal they also addressed making the service available to the rural areas by phone.

MOTION: to approve First Reading and Setting Second Reading and Public Hearing Ordinance No. 9-99.

Dwyer MOVED, Morrison SECONDED.

VOTE: 3-0.

c.  SECOND READING AND SETTING THIRD READING AND PUBLIC HEARING Ordinance PA 1141 Amending the Rural Comprehensive Plan to Redesignate Land from "Agricultural" to "Rural", Rezone that Land from "E-40/Exclusive Farm Use" to "RR-5/Rural Residential," Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 98-2230; Doak) (Third Reading & Public Hearing: March 15, 2000, 1:30 p.m., Harris Hall Main Floor).

Jerry Kendall, Land Management, reported it was an extension request to enable the applicant to dig test holes and get soils results so they can justify the two acre minimum that they are requesting, instead of five acres.

MOTION: to approve Second Reading and Setting Third Reading and Public Hearing Ordinance PA 1141.

Morrison MOVED.

Steve Vorhes, Assistant County Counsel, reported if nothing was done today, they would need to convene the board tomorrow to hold the public hearing. He added the applicant requested an extension, and notice had been sent to move the hearing to March 15.

Dwyer asked if there had been notice subsequent to the Board’s action.

Kendall responded that on November 19, new notice was sent out stating it would occur on March 15.

Dwyer noted that Land Management took action before the Board took action.

Kendall said it was his understanding that the applicant is in control of requesting extensions.

Dwyer stated he did not like the process that Land Management took.

Van Vactor stated for the future, a letter should go out to whoever testified that the item is coming to the Board and they may extend it or may not, therefore the citizens could make their choice.

Kendall stated he had followed past practices. He said they would lose either way.

Vorhes noted it would be a good chance that people would not hear which way the Board went and people could still show up for the hearing.

Kendall stated he guarantees the applicant will ask for a continuance and that is part of asking for the extension, everything presented at one hearing so everyone gets to hear the evidence and react to it. He said if the hearing is held tomorrow, there will be a request for a continuance and it will have to be granted by ordinance.

Vorhes said it is a state law, ORS. 197.763 that gives the applicant or any other person the opportunity and the automatic right to an extension of time and the Board would have to grant it.

The motion failed for a lack of a second.

Sorenson reported that the Public Hearing will go ahead tomorrow at 1:30 p.m.

Kendall stated he will call everyone that has a phone number in the file about the hearing.

d.  DISCUSSION Richardson Upriver Road Closure.

Ollie Snowden, Public Works, reported there are two property owners and a tenant that are affected by the road closure. He noted the owners came in to ask for a facilities permit to get gate keys and they were denied. He added there is a third property owner with no residence on the property. He said that Roseburg Lumber owns most of the land and they requested a facilities permit to use a section of the road to do replanting, and that request was denied because they had access to their road from above. He said they could leave the situation by keeping it gated and have the County provide access for facility permits. He said they could move the gate so they have the entire burn section behind locked gates with the exception of the people who have gate keys. He noted they would give gate keys through the facility permit process that has a hold harmless clause, where the key holder would indemnify the County against any actions that would be brought against the County as a result of their negligence. He said another option would be to unlock the gates and post it with signs that would say: "Road Closed," that would make it easier for the County. He added the down side would be the County having greater exposure to potential tort claims. He said his recommendation would be to either leave the existing gate where it is, or move the gate, provided the key holders would agree to the hold harmless laws.

Dwyer asked if a sign could be posted: "road closed, travel at own risk." He said that would be his preference.

Marc Kardell, Assistant County Counsel, responded it could be posted that way as they have various amounts of protection depending on what they do. He said he wouldn’t recommend a travel at your own risk sign. He noted it would not give the County a substantial amount of protection.

Snowden said the simplest approach would put up a sign that says: "Road Closed." He said that conveys a clear message.

Dwyer stated he wanted to know what gave the County the greatest protection.

Kardell said if they had a road closed, if people wanted to use it, they could get a facilities use permit. He said if the people were not willing to sign an indemnification that is in the standard agreement, the two options would be either having the gates up or having signs up. He said people could be advised in writing that they are not to be operating or using the road unless they sign for a permit, or not at all.

Randy Cox, P.O. Box 477, Mapleton, said the only reason they proposed this initially was for their benefit, but it exposed the County to liability. He said their goal is to get keys in case they need to get out as an escape. He noted as a trade-off, they would cut the County’s liability by agreeing to the inconvenience of using the gate.

Snowden said if direction is given, he could come back at the next meeting on Consent Calendar with the appropriate Board Order if they want to change what they did several weeks ago. He noted if the County posted just the signs and Mr. Cox would sign the form, it would create a problem for a third party.

Morrison said no matter which gate is there, the people located in the area could be blocked in from both ends because the whole area is a potential for slides. She said she was against giving people keys as the County couldn’t have control over the keys. She suggested putting "Road Closed Local Traffic Only." She noted she had seniors who were monitoring from 10:00 a.m. to 3:00 p.m., the actual traffic that goes into the area. She said they had determined that it had just been locals going into the area. She said her concern was for Roseburg Forest Products, as they need to get into the area to replant, and their permit had been denied.

Snowden stated his preference would be to have a sign that says: "Road Closed."

Brenda Grey, 16426 Old Stage Coach Road, Walton, stated steelhead season had not begun yet and once it begins, there is a lot of traffic in the area.

Snowden noted that a lawsuit against the County will be based on negligence and if signage is the way to do it, it needs to be in such a way that the County is covered and not negligent with signage.

Sorenson suggested Snowden review the public comment and the Board's comments today and meet with the people affected by the road closure and come back to the Board with a recommendation.

Bill Robertson, 16577 Old Stagecoach Road, Walton, stated he was concerned by the vertical drop at the edge of the road because of poor visibility. He said the owners of the property should have keys if the gate is going to be locked.

Morrison said she wanted the road opened with the gates out and when the hillsides come down, she would deal with it then. She said she would sign the road.

Dwyer stated he did not favor closing the road because they didn’t hear from the people who were impacted by the closure. He said if the road is closed, the neighbors should be given keys to have access to the road. He said it is the County’s duty to let people know there is a risk associated with traveling the road and that they travel at their own risk. He recommends opening up the road and signing it.

Cox agreed with Dwyer and Morrison.

Snowden stated he could come back with a signing plan that would do the best job possible of notifying the public and protecting the County. He said he was not comfortable with administratively waiving the hold harmless clause that is applied to all other facility permits. He said it needs to be determined who will accept the liability if someone is injured.

Sorenson reiterated having Snowden take into consideration the comments that were made, meeting with legal counsel and coming back to the Board for action. He said if it is going to be a matter of a policy change, it then should be a recommendation to the Board to make a policy change.

Cox said with regard to the facility use permit, if the County could remedy the facility, then he would be willing to sign the permit. He said he didn’t want to take responsibility for the County turning over to him a faulty facility.

Morrison stated she wanted Roseburg Lumber to have access to the road for tree planting.

8.    REVIEW ASSIGNMENTS

Morrison requested statistical information from the District Attorney’s office regarding monitoring.

9. EMERGENCY BUSINESS

None.

There being no further business, Commissioner Sorenson adjourned the meeting at 10:45 a.m.

Melissa Zimmer

Recording Secretary

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