BOARD OF COMMISSIONERS'
August 30, 2000
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Anna Morrison 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
Sorenson noted there would be an emergency item that was requested by Weeldreyer.
2. PUBLIC COMMENTS
Rob Rutherford, 36920 Edge Hill Road, Marcola, reported there was a problem with Lane County Land Management regarding facility siting. He said his neighbor applied for and received permission through Lane County Land Management to site an AT &T cellular phone transmitter site on hilltop property that he owns. He received the notice of his neighbor’s intent. He said he was opposed due to lack of information about this facility. He said that Lane County went ahead and approved the permit process. He said he had concerns about health problems with the tower.
Steve Vorhes, Assistant County Counsel, stated if the Board were to hear public comment from Mike Farthing, regarding the public hearing appeal process, he recommended providing for comment on appeal and making it available to all parties.
Dwyer said they couldn’t listen to Farthing today because the others hadn’t been notified.
Morrison and Green concurred.
Farthing objected to the Board’s refusal to let him give public comment. He said that it was a final land use decision and an election to hear or not was separate from what was on appeal. He noted there were only two parties of record, his clients and Tom Miller.
Gary Kutcher, 85560 Svarbor Route Road, Eugene, expressed his concern and objection to the further development of wetlands in West Eugene at the Hyundai site. He said there had been no effort to get public input on this decision.
3. EXECUTIVE SESSION as per ORS 192.660
4. COMMISSIONERS' BUSINESS
a. DISCUSSION Update on the PSCC Activities and Governance Committee.
Kip Leonard, Judge, reported that the PSCC is statutorily mandated but there are few mandates as to what they do. He said they have ability to achieve goals and activities for the County. He noted they are directed by statute to develop and recommend a plan for the use of state resources to serve the local offender population. He said they have the Community Corrections Committee that is part of the PSCC and brings the recommendation on spending community corrections dollars received from the state. He added that they had taken over the Parole and Probation operations of the County, looking at the operation and services with the goal of attempting to provide information to the Board.
Leonard stated the PSCC decided to ad an ex-officio member to the body (a legislator for coordination between the PSCC and the legislature), Bill Morrisette.
Leonard noted that Myra Wall, LCOG, had found three grants to purchase a client server to hold data in a variety of ways for information sharing.
Leonard said that the PSCC needs to be assessed, as they will voluntarily choose to use the opportunity in a forum and decide to work with changes in the public safety system that are more than information based.
Doug Harcleroad, District Attorney, reported the goals for the committee are to develop and recommend a plan that sets out the organization structure and functions of the PSCC. He said they also develop and recommend governance models for the adult and juvenile justice system. He explained that social services would not be included as it was too large a task. He noted the three CEO’s are ex-officio members and are critical components of the committee. He said a smaller group was developed to do planning and they will review certain areas of the criminal justice system. He reported that on September 8 they would have an all- day meeting with joint presentations from Lane County and the Cities of Eugene Springfield. He said they would look at six support areas in the safety arena.
Weeldreyer asked about the relationship with small police departments.
Harcleroad responded they were looking for improvements for the metro areas. He noted that they are trying to start with the least controversial areas.
Green asked about prevention for a social program
Harcleroad responded it had nothing to do with prevention. He said it was not the part of the governance of the PSCC that was defined. He said they were looking at traditional areas, not at prevention.
Dwyer said that the examination of issues is critical and people are well served by these examinations because they are discussing critical mass and economies of scale. He said eliminating redundancy and duplication is a good beginning.
Sorenson echoed Green’s concern about the prevention issue being part of the PSCC. He said it was a separate issue from seeing the work that the governance committee is working on in getting efficiencies in the short term.
5. COUNTY ADMINISTRATION
Van Vactor reported that he, Morrison and Tony Seese-Bieda attended a meeting in John Day regarding legislation.
6. PUBLIC WORKS
a. ORDER 00-8-30-1 Electing Whether or Not to Hear an Appeal of a Hearings Official's Decision Denying an Application for a Nonfarm Dwelling (file PA 00-5620/Smith).
Tom Lanfear, Land Management, reported that this was an appeal of a Hearing’s Official’s decision. He noted that Lane Code provided opportunity for the Board to elect whether or not to hear the appeal. He said the action was a request for a non-farm dwelling in the exclusive farm use zone. He said the criteria to be used by the Board to decide whether to hear the appeal or not was from Lane Code.
Lanfear noted the focus of the appeal was the application of the Lane Code criteria that came from state statutes and required that the applicant demonstrate that the property is generally unsuitable for the production of farm crops or livestock. He noted the hearing’s official found that the applicant did not adequately meet the criteria. He said the Board could elect to hear the appeal on the record, not hear the appeal and remain silent on the hearing’s official’s decision or to not hear arguments on the appeal and affirm the hearing’s official’s decision and agree with the interpretation of applicable policies of the Lane County Rural Comprehensive Plan. He noted that staff recommended Option 3 to not hear arguments on the appeal, affirming the decision of the hearing’s official.
MOTION: to approve ORDER 00-8-30-1.
Dwyer MOVED, Morrison SECONDED.
Green stated that he would be in favor of the motion.
Vorhes noted the order, as it is currently drafted, is in between options two and three, in that it does not expressly agree with the interpretation of the hearing’s official, it just affirms it. He added it remains silent but it affirms the hearing’s official’s decision.
Sorenson said he had a problem with expressly agreeing with the interpretation. He said it was reading more into the Board’s decision than what is available.
Vorhes said in this case, one of the reasons for not expressly agreeing or disagreeing was that one of the issues was that it was unsuitable language out of the state statute. He said it was to give the Board decision in an appeal to LUBA. He said there weren’t local interpretations as much at issue as there was statutory interpretation. He said there was an option on the record for the Board to review and debate all of the interpretations.
b. FIFTH READING AND DELIBERATION/Ordinance PA 1107 Amending the West Eugene Wetlands Plan by Adopting New or Revised Wetland Designations for Various Sites Within the Plan Boundary and Related Policy and Text Amendments, and Adopting a Severability Clause.
Celia Barry, Land Management, reported that Exhibits to the ordinance were changed from what was recommended by the planning commissions as a result of public testimony at the hearing before the elected officials on April 12. She noted the changes were presented to the Board at the August 2 meeting. She said the changes consisted of designating the Davidson site for development rather than restoration and the city council unanimously approved that. She suggested voting on this ordinance before moving with the next item. She noted that staff recommended approval.
MOTION: to adopt Ordinance PA 1107.
Morrison MOVED, Weeldreyer SECONDED.
ROLL CALL VOTE: 5-0.
c. FIFTH READING AND SETTING SIXTH READING AND DELIBERATION Ordinance PA 1109 Amending the West Eugene Wetlands Plan by Adopting New Wetland Designations for Site HG, Referred to as the Hyundai Site, and Related Text Amendments, and Adopting a Severability Clause.
MOTION: to approve the Fifth Reading and Setting a Sixth Reading on Ordinance PA 1109, for September 27, 2000.
Barry stated that this could be heard on September 13, if necessary.
Weeldreyer stated she would not be available in the morning on September 13.
Morrison added that she would not be present but could be available by telephone.
MOTION: to approve a Fifth Reading and Setting a Sixth Reading on Ordinance PA 1109 for September 13, 2000 at 10:00 a.m.
Vorhes noted that the Board had the ordinance that was adopted by the City of Eugene and that is all they needed.
Green supported hearing this matter on September 13.
Dwyer MOVED, Morrison SECONDED.
7. CONSENT CALENDAR
A. Approval of Minutes:
April 5, 2000, Regular Meeting, 9:00 a.m.
April 5, 2000, Regular Meeting, 1:30 p.m.
August 9, 2000, Regular Meeting, 1:30 p.m.
August 9, 2000, Joint Elected Officials Meeting, 6:00 p.m.
B. District Attorney
1) ORDER 00-8-30-2 Accepting Grant Funds From Oregon State Police in the Amount of $62,585, Appropriating Revenue and Expense Authority in Fund 124, and Delegating Signature Authority to the County Administrator to Execute the Grant Award Documents.
C. Health and Human Services
1) RESOLUTION AND ORDER 00-8-30-3 Increasing Appropriations of Revenue and Expenses by $77,879 in Fund 286 in the Department of Health and Human Services (34) for Public Health Services (OHD Revision #1).
2) RESOLUTION AND ORDER 00-8-30-4 Delegating Authority to the County Administrator to Sign a Contract for New Opportunities Safety Net Services with Relief Nursery in the Amount of $75,000 for the Period 12/01/99 Through 8/31/00.
3) RESOLUTION AND ORDER 00-8-30-5 Appropriating an Additional $610,877 in Revenue and Expenditures in Fund 286 for Individuals with Mental and Emotional Disabilities; Granting Authority to the County Administrator to Sign the Oregon Health Plan Mental Health Organization Agreement in the Amount of $13,243,297.
4) ORDER 00-8-30-6 Awarding a Subcontract to the Relief Nursery in the Amount of $104,860 to Provide an Alcohol and Drug Family Support Services Specialist Project and Authorizing the County Administrator to Sign the Document.
D. Public Works
1) ORDER 00-8-30-7 Leasing a Portion of the Delta Shops Complex to Nextel Communications.
2) ORDER 00-8-30-8 Entering into a Revenue Agreement with the City of Springfield for an Asphalt Overlay on Glenwood Boulevard.
3) ORDER 00-8-30-9 Authorizing the Parks Division to Apply for an Oregon Watershed Enhancement Board Grant to Restore Richardson Creek at Richardson Park and Delegating Authority to the County Administrator to Sign the Grant Application.
MOTION: to approve the Consent Calendar.
Green MOVED, Dwyer SECONDED.
8. MANAGEMENT SERVICES
a. ORDER 00-8-30-10 Accepting a Proposal for RFP LCP 2000-07 and Award of a Three-Year Materials and Services Contract for Parking Management Services.
Chuck Wallace, Management Services, reported this was the first time that he had to appear before the Board on an appeal. He presented the award for City Center Parking as opposed to Diamond Parking because the City Center parking proposal (in the eyes of the evaluation committee) was more aggressive than the Diamond proposal. He said when they sent out the notice of intent to award, Diamond entered a protest. He said they sent a letter back to Diamond recommending denying their protest and Diamond had chosen not to pursue their appeal at the Board. He recommended awarding the contract to City Center Parking
Wilson noted that Wallace indicated Diamond was not pursuing their protest. She asked if that was in writing.
Wallace said he had sent them a notice that they had the opportunity to appeal and has not heard back other than on Monday, when he received an E-mail from the local Diamond office asking what day they wanted to transition the contract and remove their signs.
Wilson said under the procedures--since they have nothing in writing--they could treat this as a live protest and need to give an opportunity to the protester to make any comments they want to the Board. She added the Board needed to be clear in their statements in making their decision whether or not they find the criteria of the protest to have been met.
Morrison had concerns about how this was handled. She added the County looked like they would be losing money on this contract. She saw both proposals and disagreed with what City Center had offered. She thought Diamond was far superior to City Center.
Dwyer stated that Diamond actually offered a better deal. He said they were competent and didn’t want to change companies.
Van Vactor noted he had not received any complaints about Diamond Parking.
Wilson explained if the Board wanted to uphold the protest, they needed to do it by differing criteria (on page 3) that applied and that was the basis to overturn.
Green said he needed to hear more based on Wallace’s experience. He noted if there were not complaints from employees and it would cost more to go to the other company, he would rather stay with Diamond.
Wallace responded he evaluated experience versus experience and Diamond Parking has a strong presence in Southern Oregon and the County has 700 spaces. He said City Center Parking had all of Portland and the state of Oregon Fairgrounds. He said he brought the proposals to the diversity analyst and she read the proposals on the cultural competency issue and thought the cultural competency section was better addressed by City Center than by Diamond Parking.
Dwyer didn’t agree with Wallace’s choice of City Center. Dwyer said he personally did not have ties to either one. He didn’t think they would be gaining anything by changing companies. He said there was nothing indicating greater performance except for what showed on a piece of paper.
Green asked what Diamond’s recourse would be.
Wilson responded that Diamond could take this issue to court.
Dwyer said he wanted to do what was right and to save the taxpayers money. He said the appeal needed to be upheld.
Green concurred with Dwyer and Morrison about not changing parking companies.
MOTION: to approve the parking lot contract (Criteria 2) to Diamond Parking.
Morrison MOVED, Dwyer SECONDED.
b. ORDER 00-8-30-11 Authorizing the County Administrator to Enter Into a Professional Services Contract with Willis of Eugene for Employee Insurance Benefit Consultant Record Services.
Charlie Van Deusen, Management Services, recalled that the County provides a comprehensive package of insurance coverage to its employees to include medical, dental, vision, life and long term disability. He said with a workforce as large as Lane County’s, it keeps one person on his staff busy full-time with coverage and claim questions. He said it was important to get expert advice in putting this insurance package out to bid, dealing with the various carriers, and keeping current with mandated changes from the federal and state level. He said the agenda item is requesting the County Administrator sign a contract with Willis of Eugene as a successful bidder in response to the recent RFP. He noted the services cost the County little because of commissions.
MOTION: to approve ORDER 00-8-30-11.
Dwyer MOVED, Weeldreyer SECONDED.
c. ORDER 00-8-30-12 Authorizing the County Administrator to Execute a Termination Agreement of an Intergovernmental Agreement Between Lane County, Heceta Water District and the City of Florence.
Van Vactor stated that Jeff Turk had done an excellent job with the agreement. He said that in 1998 it was hoped that the City of Florence and the Heceta Water District could work cooperatively in the development of new water facilities for the Florence area. He said an effort was put together in an intergovernmental agreement where Lane County was a partner. He noted there was litigation and conferences in Federal Court. He said the issues were never resolved between the parties to that litigation and ultimately the City of Florence decided it was practical to stay in the partnership for mutual water facilities and sent notice they wished to terminate the intergovernmental agreement.
Vorhes passed out a revised version that was designed to work with the earlier intergovernmental agreement between Lane County, the City of Florence and Heceta that would have granted an easement to Heceta and Florence and transfer the property to Heceta and Florence. He said Florence wanted to get out of the business of water with Heceta and now Heceta had taken action agreeing to terminate, and agreed with the City of Florence that this document should act to terminate the Memorandum of Understanding between the City of Florence and Heceta Water District. He said the document would unwind the earlier intergovernmental agreement that involved the three parties and absolve the County from the obligation to convey the property to those entities. He said it would retain part of the earlier intergovernmental agreement having both the City of Florence and Heceta Water District agreeing to indemnify and defend the County for any litigation over signing the agreement or conveying the property. He said the termination agreement preserves the indemnification for the County over the signing of the agreement.
Van Vactor reported that if the Board takes this action, the next step would be for the County to grant a pipeline easement across Lane County’s property. He said Heceta plans to build a 2 million gallon plant. His recommendation was to sign the Order.
Vorhes said if the Board adopts the order, the termination of the agreement is to clear the land and eliminate the previous obligation to convey to Florence and Heceta. He said the objection he had heard from Mr. Riddle on behalf of Aaron Jones was no objection to terminating the agreement. He said it was whether or not an easement should be granted to Heceta for a pipeline.
MOTION: to approve ORDER 00-8-30-12.
Morrison MOVED, Weeldreyer SECONDED.
9. COMMISSIONERS' ANNOUNCEMENTS
Morrison said she went to John Day for the public lands steering committee on Senate Bill 1608. She noted there was a plan of action that was going forward and she would be going to Washington, D.C. from September 10 to September 16.
Weeldreyer stated the Board went on a road tour to see how the chip sealing was done.
Sorenson reported he spoke with Senator Wyden about county payments.
10. EMERGENCY BUSINESS
Sorenson mentioned the emergency business was a proposed letter by Commissioner Weeldreyer to Milo Mecham proposing that Lane County relay to Mecham and the Benton, Lane, Linn Lincoln Telecommunication Alliance Lane County’s involvement in Fiber South and Regional Fiber Consortium.
Weeldreyer stated that Senate Bill 622 was enacted by the last legislature providing money to telecommunications infrastructure for electing carriers. She said it would be a letter of Lane County’s support to go along with a grant application for the Benton Linn Lincoln Telecommunications Alliance and if granted, would provide dollars to help improve the telecommunications switching equipment and get affordable high speed broad band access into the rural areas.
MOTION: to move to send a letter to Milo Mecham.
Dwyer MOVED, Morrison SECONDED.
Morrison supported sending the letter.
There being no further business, Commissioner Sorenson recessed the meeting at 11:55 a.m.
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