minhead.gif (11357 bytes)approved Approved 11/10/99

September 8, 1999

BOARD OF COMMISSIONERS' REGULAR MEETING

Harris Hall Main Floor - 9:00 a.m.

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 announced there will be an emergency business item from the Sheriff’s Office after the afternoon meeting.

2. PUBLIC COMMENTS

Linda Wagner, 2570 Moon Mountain Dr., Eugene, stated she is the Chair of the Lane County Human Rights Advisory Committee. She reported the committee will be making a full presentation to the Board concerning their annual activities in October but wanted to report on a complaint they received from a Junction City citizen. She noted that the person had done his own research and determined that pre-employment drug testing in the private sector led him to believe that it was unfairly used for economically disadvantaged citizens. She said he had given documentation to Commissioner Sorenson to justify his concern. She added the subcommittee that worked with him was a harassment and discrimination subcommittee and there was enough information to raise questions about how the practice affected access and opportunity for citizens who are applying in the public sector for employment and pre-employment drug testing. She noted neither the citizen nor the committee is making a statement against pre-employment drug testing, but how it is being used is the question. She wanted to let the Board know about this. She added they are forwarding a letter to Bureau of Labor and Industry (BOLI) as the complaint falls more within their jurisdiction.

Sorenson noted the citizen contacted him and said that he had not received any response from anybody concerning his views on the topic of pre-employment drug testing. He said he referred this person to the advisory committee and they did an excellent job of reviewing it.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson reported that Friday September, 10, the SAVE Committee is meeting and they have a fully appointed compliment of people.

Weeldreyer apologized for not going to the Public Works breakfast because she forgot about it. She thanked the Public Works staff for all the good things they do for Lane County citizens. She noted the meeting went well last night in Coburg with the Coburg City Council. She reported that next month is the National Rural Telecommunications Conference in Colorado. She wanted to use fifty percent of Peter Thurston’s time to work on rural telecommunications to attend the conference. She said she is using some of her budget to cover some of his expenses because it is important for him to go.

Tanya Heaton, Management Analyst, reminded the Board that Peter Thurston’s travel money is funded out of contracts with small cities and not video lottery funds, so there is not 50% available.

Dwyer also thanked the people in Coburg for the joint meeting. He said last month he went to the Lane County Labor Council and spoke to the Executive Board in regard to support for the public safety levy. He said he thinks they will support the levy.

Weeldreyer announced two events: on Saturday, the Walterville Fair, including a parade, and on Sunday, the Antique Fair in Coburg.

Sorenson added that the Eugene Celebration will take place next Friday.

Green noted the Day of Caring is Monday, September 13, for the United Way.

4. COMMISSIONERS' BUSINESS

a.  UPDATE Facilities Capital Improvement Projects.

Suchart reported the work on the Juvenile Justice Center is continuing. He said they will be video taping training sessions on how to operate all the equipment in the building so new employees will be informed. He said they anticipate completion in November, but are running behind on the shelter and treatment centers.

Suchart noted the federal government has chosen the Annex site at 6th and Oak Streets for the Federal Court House. He said they need to decide where they will put Health, Veterans and Elections, either locating them downtown through the state facility, or revamping this facility. He added that Skipworth is another option for Mental Health, but cost is a factor.

Green suggested to think about consolidating offices and services, making it easier for clients.

Suchart reported he is working in the Courthouse Plaza with the Wayne Morse Free Speech Platform. He also said he has a proposal on the courthouse roof. He added that LCOG will be moving out in November and he will put Health and Human Services in the LCOG space and then Children and Families into where Health and Human Services were.

Suchart said with regard to the cafeteria, employees need to get together to discuss the various options and then putting up Requests For Proposals in the Fall. He added he will be meeting with Morrison and Dwyer to cover all options with potential costs, and will bring it back to the Board in a more formal way.

Green said he wanted to see a report on the cafeteria. He said (regarding the site the federal government had chosen) was not a County issue and it is a discussion that County should not engage in.

Van Vactor stated he was pleased with the decision as it will provide a downtown location that is easily accessible. He said it was a win-win situation for Lane County.

Sorenson said the public should have more of a role in assisting Lane County in making decisions for the location of the building, as it affects the livability of the community.

b.  ORAL REPORT BACK McFarland Cemetery - Headstone Issue.

Jeff Turk, Management Services, reported that in February the County had decided to transfer the cemetery to the Cottage Grove Historical Society. He added it was delayed pending the County paying for some renovation to the cemetery. He said the work has been completed and the historical society has been paid. He said they are now in the process of rescheduling a public hearing,

Weeldreyer reported it was a positive thing for Cottage Grove. She added it was a win-win situation, and because the Historical Society is taking on physical property beyond what they had historically had done, it is an opportunity for the County to transfer the property in a condition that the Cottage Grove Historical Society would easily be able to maintain.

c.    ORDER 99-9-8-1 Appointing One Member and Re-Appointing Ten Members to the Public Safety Coordinating Council.

Green reported the member that is being appointed from the Public Defender’s office is Ilisa Rooke-Ley and ten other members whose terms are near expiration or will be expiring are Russ Burger, Steve Carmichael, Jan Clements, Susie Dey, Faye Fagel, Doug Harcleroad, Jim Hill, Kip Leonard, Rob Rockstroh and Jerry Smith.

MOTION: to approve ORDER 99-9-8-1.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

d.  DRAFT RESOLUTION 99-9-8-13 Gas Tax Referral.

Green stated that this draft re-states the Board’s position.

Dwyer reported that in March there was a meeting and the Board took a position on registration and diesel fuel tax. He said the Board opposed the shift, but the legislature ignored the County’s wishes. He added if it proceeds, there will be a tremendous cost shift. He noted the resolution only speaks to the shift and to the highway damage. He said the Board’s position was that there were four primary issues that needed to be addressed if they were going to deal with fuel. He noted the legislature failed to address those questions and concerns and as a result, there has been an initiative launched to refer what the legislature had done to the people. He said it is his belief that people should reject this measure.

Weeldreyer said that in the last AOC meeting when they debriefed, they were told that House Bill 2082 was heavily compromised politically and that it does give money to the State Transportation Department and to counties and cities that need it. She added it was a compromise in that the trucking industry wanted to get rid of the weight/mile tax, and they came up with a way of using the diesel tax and increased registration fee to balance and it make it cost neutral. She said according to AOC, while the equity issued is balanced now, the fear that AOC has is that over time it will no longer be balanced and there will be an inequity. She said that AOC lobbied hard and was successful in getting a sunset put on this to give people the opportunity to prove whether or not the diesel tax and increased registration fee would be cost neutral.

Ollie Snowden, Public Works, reported that there is a sunset clause of six years because with the delays in collecting and distributing the revenue, it will be about the fifth and sixth year where the shortfalls begin to show up.

Weeldreyer stated that the County needs additional funds. She thought the responsible thing to do was to have Public Works prepare an order delaying an increase in the gas tax by supporting this effort to defeat the increase the legislature passed.

Green said it was an equity issue.

MOTION: to approve RESOLUTION 99-9-8-13.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 3-2 (Morrison, Weeldreyer dissenting.)

Green noted what the order needed to say in the last "therefore" is that a majority of the Lane County Board of Commissioners opposes House Bill 2082.

5. EXECUTIVE SESSION as per ORS 192.660

There will be an Executive Session after the morning meeting.

6. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor reported that all applications of People Soft are going to the Internet.

7. PUBLIC WORKS

a.  ORAL REPORT Mt. Pisgah Fire.

Bob Keefer, Director, Parks Division, said that Lane County was very appreciative of the Department of Forestry’s efforts in fighting the Mt. Pisgah fire. He said they were organized and very professional in a crisis situation.

Paul Bell, District Forester, East Lane County, reported they provide fire protection on 16 million acres of private and BLM lands across the street. He added within the East Lane District, they provide protection for 700,000 of lands. He said for Mt. Pisgah, they have a Lane County forest land protection agreement in place because Mt. Pisgah is outside of their district boundaries and they protect the land by agreement. He reported they received a fire call at 3:00 p.m. for the Mt. Pisgah fire. He said they had resources and helicopters in the air immediately to go the fire. He said two helicopters from Weyerhauser were dispatched (at extra cost) and it is what the County will reimburse the state for. He said it was a coordinated effort attacking the fire. He noted the fire spread was stopped at 7:30 p.m., at 117 acres in size and they contained the fire by 4:30 p.m. Friday afternoon. Regarding costs, he estimated the cost for fighting at $53,000, (the regular district costs that are covered under the contract are $20,000) and extra fire fighting costs will be covered by the County that are about $33,000.

Dwyer said he doesn’t have a copy of the contract and wants to see what is expected.

Keefer noted the assessment the County paid for the fire fighting last year was $2,600. He said it was revised in 1998 to include more flexibility and initial response. He noted that the helicopters are what kept the fire at 117 acres, instead of waiting for a helicopter to be brought in. He said they will be back to the Board with a plan of action on how they can proceed with the costs.

b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1136 Repealing the 1986 Alton Baker Park Master Plan, a Refinement Plan to the Lane County Parks Master Plan and the Eugene-Springfield Metropolitan Area General Plan (Second Reading & Public Hearing: September 29, 1999, 6:00 p.m., Lane County Fairgrounds, Meeting Rm. #1).

MOTION: to approve First Reading and Setting Second Reading and Public Hearing for Ordinance PA 1136.

Weeldreyer MOVED, Morrison SECONDED.

Jan Childs, City of Eugene, reported that this is a housekeeping item at the joint planning commission public hearing that was held. She said they received one letter of support for the repeal and one person offered comments. She said she did not anticipate the public hearing on the matter taking more than 15 minutes, including the staff introduction. She noted it would be preceding the public hearing on TransPlan with separate sign up sheets. She added they didn’t want to ask the three jurisdictions to get together for a 15 minute public hearing item and they won’t be deliberating because so many people will be wanting to testify on TransPlan.

VOTE: 5-0.

c.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1132 Amending the Eugene-Springfield Metropolitan Area General Plan to Adopt a Revised "Transportation Element" and Related Changes to the Plan Text; Adopting Revisions to the Eugene-Springfield Transportation System Plan (TransPlan); and Adopting a Severability Clause (Second Reading & Public Hearing: September 29, 1999, 6:00 p.m., Lane County Fairgrounds, Meeting Rm. #1).

MOTION: to approve First Reading and Setting Second Reading and Public Hearing.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

d.  RESOLUTION AND ORDER 99-9-8-2 Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties For Realignment of Green Hill Road, MP 5.81 to 8.0, Based on the Findings In Attachment A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road.

Snowden said they are asking for the approval of the design concept for the relocation of Greenhill Road from Airport Road to approximately Fiddler’s Green. He noted the Airport Master Plan has called for relocation of the road because the existing Greenhill Road encroaches on the runway protection zone of the crosswind runway, and the long term plan called for the addition of a parallel runway. He said the project is entirely funded by the FAA and the money goes to the City of Eugene. He added the city will reimburse the County for designing, acquiring right of way and constructing the project. He asked for Board approval.

Morrison asked if the property was something that transferred with the deed.

Snowden reported that the Airport Master Plan will come back to the Board in a Work Session on October 26. He added the Metro Area Comprehensive Plan needs to be amended to incorporate the Eugene Airport Master Plan changes. He said the big issue seems to be rezoning agricultural land to government education, for airport uses.

MOTION: to approve RESOLUTION AND ORDER 99-9-8-2.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

e.  RESOLUTION AND ORDER 99-9-8-3 Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Coburg Road, MP 3.27 to 4.02, Based on the Findings in Attachment A; and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue all Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road.

Snowden noted that two years ago, this was listed in the CIP as one project from Game Farm Road to Armitage Park, and due to difficulty of the design of the southern section, the project was split into two. He added the Board in the Spring accepted the design concept on the section from Game Farm Road to Armitage Park. He noted the City of Coburg had concerns about the County going to contract at the same time as the Pearl Street project. He said they want to add the southern section back into the overall project in the year 2000.

MOTION: to approve RESOLUTION AND ORDER 99-9-8-3.

Weeldreyer MOVED, Dwyer SECONDED.

Morrison asked about Attachment A, page 7, the authorization needed from the City of Eugene to assess the properties within the city limits and if there would be problems.

Snowden responded the County is in discussions with the City currently to see how they want to proceed.

Morrison asked if there were would be condemnation problems.

Snowden responded he didn’t know if there were problems of any of them. He noted that Wildish was concerned in the beginning, but not anymore.

VOTE: 5-0.

f.  ORDER 99-9-8-4 Initiating a Type I Amendment to the Eugene-Springfield Metropolitan Area General Plan for Tax Lot 905 of Map 16-04-34 (file PA 99-6113; Beacon Drive Properties, Inc.).

Mike Copely, Land Management, noted the matter is a Board opportunity to initiate a request from a private individual to a Type I Amendment to the Metroplan. He added that two or more Board members needed to bring this to the agenda and that has happened. He said by adopting this order, the process would be set into motion. He said it is a 30 acre property at Beacon Drive and Prairie Road and the proposed amendment would be from agriculture to industrial with an exception to statewide planning Goal 3 and a rezoning.

Green stated he responded to the request. He said he wanted to stay consistent with a previous action that was taken. He said his support was for this to come before the Board to go forward. He added by going forward, it does not indicate that he is in support for it if it ever comes back to the Board.

Dwyer said it is piecemeal planning and his objection is that the message is that people can spend money with some expectation that they will get approval. He said he didn’t want to send that message and he will be voting no.

Sorenson stated after the Board approved the last one, he made a request to be kept informed of when any hearings or materials are received and he wanted to renew that request for this matter.

MOTION: to approve ORDER 99-9-8-4.

Morrison MOVED, Weeldreyer SECONDED.

VOTE: 3-2 (Sorenson and Dwyer dissenting.)

8. CONSENT CALENDAR

A.  Approval of Minutes:

        July 7, 1999, Regular Meeting, 9:00 a.m.

        July 7, 1999, Meeting with Peter DeFazio, 2:00 p.m.

B.  County Administration

1)  ORDER 99-9-8-5 Appropriating $823,796 in State Criminal Alien Assistance Program (SCAAP) Grant Funds to the Department of Public Safety and to General Expense Within the General Fund.

2)    ORDER 99-9-8-6 Appointing and Reappointing Justices Pro Tempore for the Central Lane Justice Court for One (1) Year.

3)    ORDER 99-9-8-7 Appointing and Reappointing Justices Pro Tempore for the Florence Justice Court for One (1) Year.

4) ORDER 99-9-8-8 Appointing and Reappointing Justices Pro Tempore for the Oakridge Justice Court for One (1) Year.

C.  Health and Human Services

1)  ORDER 99-9-8-9 Delegating Authority to the County Administrator to Sign a Contract Amendment with SCAR/Jasper Mountain for Res-Med Services in the Amount of $709,747 for the Period 7/1/99 Through 6/30/00.

2)  RESOLUTION AND ORDER 99-9-8-10 Appropriating an Additional $230,692 in Revenue and Expenditures in Fund 286 for Individuals with Developmental Disabilities; Granting Authority to the County Administrator to Sign Subcontract Amendments with the City of Eugene Library, Recreation and Cultural Services in the Amount of $114,198; and with Oregon Supported Living Program (OSLP) in the Amount of $58,347.

D.  Public Works

1) ORDER 99-9-8-11 Approving Proposed Geographic Names for Portions of Hannavan Creek.

MOTION: to approve the Consent Calendar.

Morrison MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

9. EMERGENCY BUSINESS

None.

There being no further business, Commission Green recessed the meeting into Executive Session at 11:30 a.m.

Melissa Zimmer, Recording Secretary

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