BOARD OF COMMISSIONERS'
December 13, 2000
Harris Hall Main Floor
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 stated there was a time certain requested for the Executive Session that would last 30 minutes. He stated Executive Session would take place at 11:30 a.m.
2. PUBLIC COMMENTS
Bill Brown-Guerga, 3348 Videria, Eugene, read a letter into the record about the chip sealing program. He submitted a complete list of the goals. (Copy in file).
John Sundquist, reported that he worked hard on the VMAC Committee and today was his final report. He was opposed to the policies of the new standards and guidelines about chemicals.
Evan Kruze, Cal Young, was concerned about what chip sealing would do to outdoor recreation in Lane County. He noted it made bicycle riding less enjoyable. He said the solution would be to maintain good road surfaces.
Len Schvanveldt, 960 Charnelton, Eugene, Oregon Bicycle Sports, wanted roads maintained to attract tourists and support bicycle companies.
Ray Phillips, 1019 Dixie Drive, appreciated the consideration on information he brought to the Board. He noted Weeldreyer offered to take the issues to the LCOG board meeting. He said his appeal to LCOG was senior services not following their own laws.
Weeldreyer stated she gave his book to Ted Stevens at LCOG and also spoke with George Kloeppel on addressing serious allegations. She was disappointed that LCOG didn’t provide a copy of the document to their board members.
Mike Kendoll, 593 Laurel Street, Florence, reported that the easement project had gone full circle. He sent a letter to the commissioners on the latest estimate for a one million-gallon plant. He said they still need an easement for room to build a plant. He noted their master plan called for a second tie-in.
Phil Lynch, 1770 W. 34, reported that he was an avid bicycle rider. He said his group met with the Roads Advisory Committee regarding chip sealing. He said they are hoping the commissioners will find common ground on chip sealing. He said his group would continue to work with the Roads Advisory Committee. He distributed letters. (Copy in file).
Dave Allen, 57535 Riverside Drive, Pleasant Hill, said he moved to Eugene for the quality of life, and Lane County has the best cycling. He suggested finding application methods for making the roads smoother.
Paul Vaughn, 180 #. 11th, filed a letter yesterday concerning Riddle’s letter with deliberations. He noted that the Heceta Water District needs a loan from the Oregon Economic and Community Development Department for a plant that would cost $3 million, including a $1 million bond measure fund and additional monies saved by Heceta. He stated that Heceta only had about $1.6 million. He said that OEDD requires documentation that Heceta had applied rights and interests in real property for the project. He said that Mr. Jones’ opposition to the easement doesn’t make sense, as the proposed County easement does not permit Heceta to withdraw any more water from the lake than it is entitled to under Jones’ easement. He added there is no evidence that withdrawing one million gallons per day will harm the lake. He said the proposed easement is an intergovernmental agreement that would provide 4 million gallons to protect the lake. He said the easement should be approved.
Gordon Howard, P. O. Box 775, Pleasant Hill, said he is a property owner northwest of Clear Lake. He urged the Board to deny the request for Heceta Water District’s proposed easement. He said they already have a one million-gallon per day easement.
Dale Riddle, P. O. Box 851, Eugene, spoke, representing Aaron Jones. He said that the Heceta Water District has no intent of abiding by the one million-gallon restriction. He questioned whether the easement was needed.
Donald Mainworing, 4801 G Street, Springfield, was concerned that he may be cut off from water in Florence.
Jim Hale, 1715 Linnea, Eugene, said Lane County’s most important priority is establishing long-term credibility with the voters, fully staffing the Forest Work Camp and the Juvenile Justice Center, and making improvements to the jail intake center.
3. EXECUTIVE SESSION as per ORS 192.660
To take place at 11:30 a.m.
4. COMMISSIONERS' BUSINESS
a. ORDER 00-12-13-1 Approving the Lane County Juvenile Crime Prevention Plan 2001-03 Update, Designating PSCC to Implement the Plan, Designating LCOG as the Administrative Agent, and Requesting Concurrence in the Plan Update Approval by PSCC.
Green reported that this was to get the plan to the state by the end of December so information could be shared with the legislature before they convened in January. He said the difference was in funding being redirected and when funding decreases, outcomes change.
Steve Carmichael, Youth Services, noted they started the programs that are in the plan in January of 2000 and it was too early to evaluate how effective each was. He said it was targeting juveniles between 10 and 17 with have risk factors.
MOTION: to approve ORDER 00-12-13-1.
Green MOVED, Morrison SECONDED.
b. ORDER 00-12-13-2 Receiving the Lane County Regional Housing Rehabilitation Community Development Block Grant from Oregon Economic Development Department, Appropriating Unanticipated Revenues and Expenses, Approving a Sub-Recipient Agreement with St. Vincent de Paul Society of Lane County, Appointing Representatives to the Program Policy Committee, and Authorizing the County Administrator to Sign Grant Documents and Contracts.
Peter Thurston, Rural Development, reported this was the first time housing rehabilitation dollars from the Community Development Block Grant Funds were made available for rehabilitation of owner-occupied houses for qualified low income families in the unincorporated areas of Lane County. He added in receiving and distributing rehabilitation dollars, there is a requirement to have a regional approach, with counties and cities working together. He noted this is for South Lane County in the Row River Valley. He said beyond establishing the program, this appoints two people: Lyla Creager and Cindy Weeldreyer. He recommended this as bringing all resources together for an ongoing program of low-income affordable housing rehabilitation.
Trina Laidlaw, Assistant County Counsel, submitted a file note in response to this item, raising legal questions regarding three contracts that were attached. She said after she prepared the file note, most of the issues had been resolved. She noted if St. Vincent de Paul was no longer able to perform, there was a question of what would happen to the money. She said they need a position with St. Vincent de Paul that all assets will upon termination revert back to the County. She added that the attorney for St. Vincent de Paul had agreed in concept and has recommended that St. Vincent de Paul assign back any of the promissory notes or trust deeds in their name if there is a termination. She was in agreement with that arrangement.
Laidlaw noted there was some risk because the language in the grant contract does not specifically mirror the rules it refers to. She suggested that they execute an assignment of all of their rights to interest in the promissory note and trust deed.
Weeldreyer encouraged the Board to accept the recommendation and have Lila Creager serve on this board.
MOTION: to approve ORDER 00-12-13-2. With the name Lila Creager on the Board Order.
Weeldreyer MOVED, Dwyer SECONDED.
c. RECOMMENDATION Fair Board Appointments.
Green reported that he and Morrison had interviewed the three applicants. He said there was good representation, but lacking diversity and gender. He and Morrison agreed that Tom Hutton should replace Cleve Dumdi.
Morrison agreed with Green and noted they recommended that Dean Hanson for another vacancy.
d. ORDER 00-12-13-3 Establishing a Business Plan for the Planetarium and Science Learning Center.
Mike Gleason, Fair Board, stated the proposal was for relocating the planetarium and asking the Board to consider capitalizing the investment until there is cash flow from the operation. He said the most important part was the partnership between the Fair Board and Lane ESD. He said it would allow them to connect the facility with Lane ESD and provide a more extensive relationship with youth services.
Gleason said projection for the largest growth is in grant and foundation allocations. He said they anticipated that the physical plant would be funded by grants. He noted they had received a grant for $300,000 from the Jacqua family and as soon as they are able to demonstrate operational capacity, they would start the presentation to the community and foundations across the country.
Gleason noted it was hard to project what will happen during the first year on the amount of projections until they get operational. He said in the interim, they would have a negative impact on ticket sales. He said they showed projections of $330,000, assuming that in August they would be operational.
Morrison asked what the exit strategy would be.
Gleason predicted a zero year in the beginning, starting January 2001, and hoped to show a positive cash flow in the third year. He added they might be able to add the account in the economic development fund as the recipient of those funds. He said when the Board and Fair Board decide that the planetarium wouldn’t be able to operate in a cash positive way, they would be in a position to withdraw.
Gleason stated the main issue is that they need to purchase the machine before January 1, 2001 for committing the money. He hoped to begin construction before April.
Green supported this as it reaches the goals for youth. He said this was something Lane County could be proud of. He had reservations about how much would be invested, but Lane County had invested tourism dollars and many people had benefited from it.
Dwyer concurred with Green. He said it had potential to bring in different sports activities and become self-sufficient. He added with proper guidance, it could be successful.
MOTION: to approve ORDER 00-12-13-3.
Morrison MOVED, Green SECONDED.
Weeldreyer concurred with previous comments and supported the motion.
Sorenson stated it was important for the community to retain the educational component of the planetarium.
Dwyer thanked the Jacqua family for understanding how important sciences are to children’s development.
5. COUNTY ADMINISTRATION
Van Vactor reported that he would be on vacation for the next two weeks and there would be different acting county administrators.
6. PUBLIC WORKS
a. ORDER 00-12-13-4 Appointing Four Members to the Resource Recovery Advisory Committee.
Ken Sandusky, Waste Management, recommended reappointment of two members to serve second terms, Edward Winter and Jim Bruvold, and the appointment of two new members to the committee, Kess Hottle, and Patricia Kincaid.
MOTION: to approve ORDER 00-12-13-4.
Dwyer MOVED, Morrison SECONDED.
b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1157 Adopting the Oakridge Transportation System Plan and Adopting Savings and Severability Clauses.
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1157for January 17, 2001 at 1:30 p.m.
Weeldreyer MOVED, Green SECONDED.
7. CONSENT CALENDAR
A. Approval of Minutes: None.
B. Information Systems
1) ORDER 00-12-13-5 Renewal of an Intergovernmental Agreement for Telecommunications Systems Management Between Lane Council of Governments and Lane County.
C. Children and Families
1) ORDER 00-12-13-6 Accepting a Lane County Youth Support Project Grant Award for $50,000 from the Oregon Criminal Justice Commission and Increasing Revenue and Expenditures by $50,000 in the Department of Children and Families (3232) for FY 00-01.
D. County Counsel
1) ORDER 00-12-13-7 Approving a Contract with Vincent P. Cacciottoli for Deferred Compensation Legal Services.
E. Management Services
1) ORDER 00-12-13-8 Conveying County-Owned Property Located North of Centennial Boulevard to City of Eugene Under ORS 271.330.
2) ORDER 00-12-13-9 Extending the Contract with US Bank to Provide Cash Management Services to Lane County for Fiscal Years Ending June 30, 2001, 2002 and 2003.
F. Public Works
1) ORDER 00-12-13-10 Accepting a Deed of Land to be Used as a Public Road Easement for Green Hill Road (16-04-31&32 - 17-04-05).
2) ORDER 00-12-13-11 The Vacation of the Portion of Kelso Street that is Included in Kelso Addition to Irving, as Platted and Recorded in Book 14, Page 8, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (17-04-09-11).
3) RESOLUTION, NOTICE OF HEARING AND ORDER 00-12-13-12 Setting a Public Hearing for the Petition for the Vacation of Marcus Jessen Road (County Road Number 732) Located in Section 19, Township 17 South, Range 4 West and in Section 24, Township 17 South, Range 5 West of the Willamette Meridian (17-04-19 & 17-05-24).
4) ORDER 00-12-13-13 Accepting the Offer from the State of Oregon to Purchase a Small Area and a Temporary Easement at the Corner of Highway 126 and Spruce Street in Florence for Right of Way Purposes.
5) ORDER 00-12-13-14 Implementing a Donation of Credits to Fight Hunger in Lane County.
6) ORDER 00-12-13-15 Awarding a Contract to Reliance Trailer Sales of Eugene in the Amount of $93,990 for the Purchase of Two (2), New Solid Waste Transport Trailers, Contract FY 00/01 FS-02.
MOTION: to approve the Consent Calendar.
Morrison MOVED, Weeldreyer SECONDED.
8. COUNTY COUNSEL
a. ORDER 00-12-13-16 Granting an Easement to the Heceta Water District on County Owned Property Identified as Assessor's Map #18-12-11 Tax Lots 100 and 201 for Use as an Access Road and Placement of Water Transmission Facilities.
Steve Vorhes, Assistant County Counsel, provided a revision to the easement to reflect deliberations the Board had on November 21. He provided a list of various options (copy in file).
Vorhes noted that under the first subsection, the withdrawal of water from Clear Lake would be limited to one million gallons after calendar year 2001. He added that there had been an agreement that more than one million gallons could travel over the existing easement, so this attempted to mirror that provision. He said there would also be quarterly reports showing the water withdrawn from the district (within 30 days of each quarter) provided for review within the five year monitoring period. He noted the provision for a withdrawal in excess of the per day limitation only when emergency conditions require additional water for public health or safety.
Regarding enforcement of the terms and conditions of the easement, Vorhes put them in various ways. He said the scope of the enforcement right could run from any interested party (an undefined term) to persons within sight and sound of the watershed and persons owning property adjacent to the watershed and on Clear Lake. He said the Board had expressed interest in bringing in other parties who may have an opportunity to enforce terms and conditions of the easement and that is for the Board to decide. He noted he had provided Option C in the easement.
On enforcement remedies, Vorhes noted they could range from compelling compliance with the easement terms, fulfilling the obligation of the easement, and seeking damages for the violation. He said that would need to include County land as the subject of the easement. In drafting the proposed language he limited the option to the water district and the County so damage to County land would not be available to everyone. His recommendation was to leave attorneys' fees out of the contract.
Regarding conditions under Subsection (e), Vorhes stated if the terms of the easement are violated by the water district, then the County or interested persons may take other appropriate actions that would protect the public interest only after providing notice to the water district and an opportunity to cure the alleged violation. He said the language could list a period of time for curing a withdrawal violation that would be different than a cure for another violation. He added there should be notice to the County of at least 60 days for review and to decide if the County will take enforcement that would preclude other interested parties from taking enforcement actions. He noted that the modification of the easement was between the County and the water district and the provision of an enforcement right is not intended to provide a veto right to any interested party should the County and water district find (after going through the process for the Board to modify an easement) that a modification is in order.
Morrison recommended language for the zone of interest test for those people directly around the area who are served by the Clear Lake Water District and watershed. She wanted language regarding excess day limitations, so the Board of County Commissioners could determine what constitutes a public health or safety issue.
Vorhes noted the provision says “may only occur when emergency conditions require additional water for public health or safety.” He said it was water-related, but a provision could be added.
Sorenson commented that if this easement looks different, the lender wouldn’t loan the money. He asked if the condition would be something that a lender would loan on.
Vaughn responded that the easement limitation is one million gallons and the lender’s decision would be based on the construction of a million-gallon plant and how the loan would be repaid. He didn’t believe that an emergency condition would affect the lender’s decision.
Morrison stated the Board agreed to put in “modify or terminate” as long as it was by agreement.
Morrison suggested for water withdrawal violations that a 3 to 5 day period would be adequate. On enforcement, she said they would be able to determine if the situation was rectified.
Weeldreyer agreed with county counsel on not awarding attorney’s fees.
Dwyer asked what would happen after five years. He requested another review after the initial five years placed into the agreement.
Kendoll agreed and noted after five years, they would have a good idea as to how things are working.
Sorenson asked if they submitted annual reports to the health division on the amount of water that was used.
Kendoll responded they provide reports to the water resource division and how much water is deferred.
Dwyer requested a termination clause for repeated violations.
Green noted that was included in page 3 of 3 in the packet, in the last paragraph.
Dwyer wanted an admission that they wouldn’t be using more water in the future. He was concerned about issues in the future that the County will not have control over. He wanted Heceta to note that they would not convey any of the water over the County’s easement.
Vorhes noted they wouldn’t be able to convey any of the water over the county’s easement if it would cause them to exceed the one million gallons. He said this easement would limit their ability to withdraw from Clear Lake over any pipeline.
Green asked to include the language that “it may include termination.”
Paul Vaughn said his concern was with the termination provision. He said there was an enforcement provision and a tool of enforcement could be an injunction. He discouraged the Board from putting in a termination provision.
Dwyer didn’t object to reasonable standards, but he wanted the standard to be put in and the ability to revoke, if there is a repeated violation.
Vorhes said the majority of the Board wanted to include a termination provision and keep it as an easement instead of a revocable license. He wanted a clear precise standard for the revocation of a termination provision that is still an interest in land and subject to public process. He noted the water district has the option of walking away.
Van Vactor suggested bringing this matter back on January 24, 2001. He said that Vorhes would have language on the proposed easement, available to both parties on January 12, or sooner. He added they need to get their comments by January 18, 2001.
Morrison requested having the materials provided earlier than in the past.
Vorhes noted the Board would have to answer on January 24 on what would trigger revocation, as there was not consensus.
9. DISTRICT ATTORNEY'S OFFICE
a. ORDER 00-12-13-17 Adding a Total of 1.5 FTE to the District Attorney's Office and Appropriating $37,392 in Grant Revenue and Expense Authority for the Child Advocacy Program.
MOTION: to approve ORDER 00-12-13-17.
Green MOVED, Morrison SECONDED.
b. ORDER 00-12-13-18 Applying for a Community Prosecution Grant for $200,000 and Delegating Authority to the County Administrator to Execute Grant Documents.
Susan Triem, District Attorney’s Office, reported they submitted a concept paper to the Bureau of Justice Assistance last June. She said they received notification that of 176 concept papers submitted, theirs was one of the highest and they had been selected. She said it allows them to apply for up to $200,000 in funding to implement a community prosecution program over the next 18 months. She asked for the Board’s approval so they could sign their application, with the deadline being December 20. She said they want a stake in prevention.
Triem said there are three targeted areas and she attends the meetings.
Dwyer expressed reservations about this item.
Green’s understanding was there were solutions at the community level to resolve matters.
Triem responded she did have an action plan, but not a business plan. She added each community had different goals, problems and solutions.
MOTION: to approve ORDER 00-12-13-18.
Morrison MOVED, Green SECONDED.
10. HEALTH AND HUMAN SERVICES
a. RESOLUTION AND ORDER 00-12-13-19 Increasing a .50 FTE Medical Lab Technologist Position to a .6 FTE Medical Lab Technologist Position and Increase a .76 FTE Nurse Practitioner Position to a .8 FTE Nurse Practitioner Position in the Department of Health and Human Services.
MOTION: to approve RESOLUTION AND ORDER 00-12-13-19.
Dwyer MOVED, Morrison SECONDED.
11. EMERGENCY BUSINESS
ORDER 00-12-13-22 Supporting the 2001 Dr. Martin Luther King, Jr., Celebration.
Green raised the issue about Lane County funding the Martin Luther King, Jr. Celebration, January 15 at the Hult Center. He said in the past this had been viewed as a City of Eugene event. He supported asking Van Vactor to find funding to co-sponsor this event.
Van Vactor recommended that $2,500 be taken from the contingency fund.
MOTION: to approve ORDER 00-12-13-22.
Dwyer MOVED, Green SECONDED.
There being no further business, Commissioner Sorenson recessed the meeting at 12:15 p.m.
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