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Approved 5/31/00

May 3, 2000
REGULAR MEETING - LANE COUNTY BOARD OF COMMISSIONERS'
Harris Hall Main Floor - following Board of Health

Commissioner Peter Sorenson presided with Commissioners Bobby Green, Sr., Bill Dwyer, 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

Morrison noted that the United Way wanted to take the Board’s photograph.

2. PUBLIC HEARINGS

None.

3. PUBLIC COMMENTS

Norm Maxwell, 79550 Fire Road, Lorane, stated that breaking up zoning benefits few developers and is a fire hazard.

4. EXECUTIVE SESSION as per ORS 192.660

Will take place at 1:30 p.m.

5. COMMISSIONERS' BUSINESS

a.  OSU/Lane County Extension Service Updates.

Bo Freeman, OSU Extension Service, gave a program update. He said the energy programs they have are contractual agreements with an agent for the manufactured homes industry in the county and across the state. Regarding forestry, he said they are interviewing for a permanent position. He announced there have been programs taking place with computers and inventory. On food and nutrition programs, he said they are reaching out with other community advisory committees trying to put together programming to educate lower income families on preparing foods. He said there is a waiting list of 100 for this program He noted with the master food preservers, there are 17 people signed up to go through 40 hours of training. He noted that Lane County hosts the 1-800 telephone number for the state, so there will be three or four master food preservers available per day.

Freeman reported they have seven delegates going to ambassador week for the 4H Club. He said they are diversifying their older teens by going across club lines and working together on projects and putting together the youth fair. He noted they will have close to 1100 animals at the youth fair and 1000 other exhibits that will take place in July.

Freeman noted reported problems with the old building. He said they are putting together a coalition to look for a new facility.

Sorenson asked if the OSU Extension office would be relocated.

Freeman responded that it is being proposed. He said that the OSU Distance Education and Lane Community College are considering installing classrooms. He noted before discussion of classrooms in the building, the cost was estimated at $4.3 million and would go up with the classrooms.

Sorenson asked about funding.

Freeman responded that the FSA and the Natural Resource Conservation Service pay rent, and their portion would be rent only. He added they would try to obtain private donations for initial capitalization and then consider bonds or the Fair Board.

b.  ORAL REPORT Status of Mental Health Facility.

David Suchart, Management Services, reported that the Skipworth site is available for renovation. He discussed the pictures from the WBGS report. He noted they will be adding 19,000 square feet of space on two levels. He said because of the floodplain, they have to raise the building four feet. He said the financing process has to occur quickly for the work to be continued with the construction drawings. He added they have to receive the money prior to putting the construction drawings out to bid. He noted it will be a one-year construction with the move in date scheduled for January 2002. He warned that delaying decisions will extend the completion date. He asked the Board if they want him to proceed with the matter.

Suchart continued that the minimum standard for size and quality of materials would be approximately $6 million. On financing the building, he explained there would be a principle buydown to reduce debt. He noted that Mental Health has $1,050,000 available and the amount needed is approximately $5 million per year. He noted there will be a 20-year funding mechanism and annual payment of $503,000 per year. He added the current rent is approximately $200,000 and there is Mental Health revenue that could be $150,000 annually. He said the department would have to obtain $350,000 of the $500,000 needed for financing and that general fund monies of $153,000 would be needed to finance this project. His proposal is to use the CIP fund, with one-third into current projects, one-third into financing long-term projects and one-third in reserve to build up for medium term projects. He pointed out there are 50 competing capital projects. He asked the Board if this concept was acceptable.

Van Vactor discussed the Sizemore initiative and its potential impact on the bond market. He said financing should be done now or after the November election. He warned that working conditions at Mental Health cannot wait until a decision after November. He recommended moving this and the AIRS funding forward.

Green was supportive, but said this project was out of process. He noted that there are other needs in departments that are not getting addressed. He did not agree with taking $153,000 from the general fund.

Rockstroh said it was a financial issue, but a large portion of the general fund is from Health and Human Services. He noted they pay the indirect and don’t ask for anything back for capital. Continuing, he stated this is a health issue and they have had lawsuits because of the working conditions. He stated this will be high on Lane County’s priority list.

Sorenson asked if the Budget Committee had agreed that financing $5 million dollars would be acceptable in light of the deficit.

Van Vactor stated that the budget staff had put together (through the indirect) an assessment under $900,000. He noted what was being proposed is allocating $153,000 of that on an annual basis to cover the general fund portion.

Sorenson asked what employee involvement has taken place.

Al Levine, Mental Health, responded that all staff had been involved. He noted that every building design had been put on a wall and distributed to staff and they responded by E-mail or in meetings. He said there is a staff design committee that represents staff within all the programs to be housed there. He declared staff is extremely supportive of the project and are willing to make do with the current situation in anticipation of a space that will work.

Sorenson said he was interested with proceeding, but would not approve the project today based upon the materials submitted.

Green stated he liked the buy down option. Regarding financing, he said other organizations may want to join Lane County to bring down costs. He wanted one location for clients that was not in cramped quarters. He asked what would happen without the Board’s direction.

Suchart responded, if this is not the direction the Board wants to go, he needs to find an alternative. He wanted to bring in the financial advisor to consolidate issues before November.

Morrison said a decision needs to be made so she and Dwyer know what to do next. She noted they considered a variety of alternatives and this was the most positive.

Dwyer agreed with Morrison. He said there needs to be a building that is adequate and will last into the future. He said the Board needs to move forward and this is the most reasonable way to do it. He gave direction to move forward.

Van Vactor agreed with Green that this was out of sequence. He said the employees who work in Mental Health believe that the building is unsafe and there is evidence of a problem. He had no issue with this being brought up to the Budget Committee, but noted the Board of Commissioners is also responsible for the working environment of its employees.

Green said he wasn’t opposed to what is being done, but is concerned about the process and lack of information. He reported that he never received any information on this. He wanted a list of other projects that are needed.

Dwyer said this is creative financing without having to go to the taxpayers.

Morrison concurred with Dwyer.

Weeldreyer said the risks need to be weighed against potential litigation and unsafe working conditions Mental Health staff is enduring. She had concern about the revenue streams to Health and Human Services from the state if the Sizemore initiative passes. She wanted this issue moving forward to keep a timeline as a moral obligation to staff and patients.

Wilson explained the schedule which has been proposed contains its own risk mitigation element. She said if they go forward or give recommendation to staff to proceed, monies will be expended for proceeding with the financing. She added award of the construction contract doesn’t take place until after the November election.

c. UPDATE Facilities Capital Improvement Projects.

Suchart reported there will be a report on the Bus Barn. He added that he will be returning (in a month) to the Board with the whole Capital Improvement Plan.

Jackie Mikalonis, Public Works, reported on the cafeteria. She said she received four RFP’s. She said a decision and recommendation for Café Today will be going to the Board on May 17.

6. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor reported that the Intergovernmental Relations Coordinator position has closed. He said that Dwyer and Morrison would take the lead and there will be an independent group screening the top five finalists. He added there are two other intergovernmental recruitments taking place—at the University of Oregon and the City of Eugene.

7. PUBLIC WORKS

a.  FOURTH READING AND DELIBERATION Ordinance No. PA 1141 Amending the Rural Comprehensive Plan to Redesignate Land from "Agricultural" to "Rural", Rezone that Land from "E-40/Exclusive Farm Use" to ARR-5/Rural Residential," Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 98-2230; Doak).

Jerry Kendall, Land Management, reported that previous public hearings were held December 19, 1999 and March 15, 2000. He added the record was left open for a determined amount of time to allow the applicant a final rebuttal and revision of findings. He said that Mr. Gildae, who represents the property owner, has submitted a letter into the record asking for a continuance of the planning action so he could do revised findings and allow time for Mr. Youngquist to review the aquifer study. He noted if the Board grants the continuation, it would also allow Youngquist to add his comments to the record.

Dwyer asked if they produced everything that they said they would.

Kendall responded they did not produce the revised findings. He explained the Board could deliberate and deny the application or grant the continuation.

Weeldreyer noted that staff was recommending Option 2, to grant the continuance.

MOTION: to deny Ordinance No. PA 1141.

Dwyer MOVED, Sorenson SECONDED.

Dwyer declared he had read the record and it was not in the public’s interest and needs to be ended.

Weeldreyer said that the applicant had invested a significant amount of time and has requested additional time. She said that it would be fair to allow the applicant time to resolve the issues before outright denial of the application. She stated she would be voting no on the motion.

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

b. MOTION: to accept the staff recommendation of Option 2 to grant the continuation and adopting the timelines, with May 22 the deadline for the applicant to submit revising findings and comment from Mr. Youngquist. June 14 would be the Fifth Reading and Deliberation and June 28 would be the Sixth Reading and Final Deliberation.

Weeldreyer MOVED, Morrison SECONDED.

Green said that he would be supporting the motion.

Dwyer said that he read all of the record and the application fails.

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

c.  THIRD READING AND DELIBERATION Ordinance No. PA 1147 Amending the Rural Comprehensive Plan to Redesignate Land from "Forest Land" to "Nonresource", Rezone that Land from "F-2/Impacted Forest Lands" to "RR-5/Rural Residential"; and Adopting Savings and Severability Clauses (file PA 98-1953; Cooley).

Kendall reported the Board held a hearing on this on March 15, after which the public hearing portion was closed and the record left open for submitmals by any party on any aspect of the proposal until April 5, and until April 19 for final rebuttal. He reported it is an 80.25-acre parcel located south of Florence and Clear Lake Road and east of Highway 101. He noted the proposal is to go from F-2 Impacted Forest Land to non-resource designation. He added they only had 12 applications in the last 12 years. He said the key issue is whether it meets the criteria of Goal 2, Policy 16 which established four of the basic criteria for a non-resource designation.

He noted the subject property is composed of 57% agricultural soils that are above class 4, which automatically does not meet the definition of the statewide goal for farm use in western Oregon. He added that for forestry, 95.7% of the subject property has cubic foot class capability below 50 cubic feet per acre (standard for commercial forest land in Lane County). He noted that there was discussion of a 20 cubic foot standard that was raised by the opponents. He said that Land Management has reviewed the material and is not certain that it is a relative criteria, but it has a 7 foot per acre cubic foot standard. He added that no goal exceptions are required and the subject property is not farm or forest land. He said the beaches and dunes zone (which is an overlay zone) on the property will stay in effect. He reported that property is protected by the flood plain ordinance (Lane Code 16.244). He added that the creation of the non-resource parcel (if it is approved) will not result in a situation where there is an isolated non-resource parcel surrounded by resource uses. He said the record shows that the nearest commercial forestry uses are located at least 750 feet from the subject property. He noted there is a requirement for consistency with the rural comprehensive policies. He said staff saw no conflicts and noted that the Goal 2, policy 17 requires a minimum five acre parcel size for non-resource designated lands. He said that was going to be resolved by the applicant through the filing and the recording of a covenant. He noted the applicants indicated they did make an attempt to obtain the signatures and have the covenant recorded. He reported that staff thinks there are important environmental issues on the subject property, but they are safeguarded through the protections. He reported that the covenant has not been provided.

He said that there are three options to deny the request and have staff draw up an order for such action. He noted the recommended option is for the recorded covenant to be provided (Sub option 2. b.) to grant a continuance and allow the covenant to be recorded and reviewed by staff and to return to the Board for deliberation. He added option 2. a. is to not wait for the covenant and add a site review suffix to the plan amendment zone change that would flag staff to review the file, picking up the covenant at a later date.

Sorenson asked Kendall about comments from the letters that were submitted in the file.

Kendall responded that the standard of evidence in a land use decision is a preponderance of evidence that a reasonable person could conclude the criteria have been met. He noted the record contains an aquifer study that was done by a professional hydrologist that is valid. He noted that that study was done when they were going for less than two acre parcels. The study concluded that water would be ample for two-acre parcels. With regard to surface water runoff, he said it can be handled during the subdivision phase. Kendall noted that the forester’s report concluded that a few stumps had been removed, but there was no evidence there had been an 80-year past history of timber harvest on the property.

Morrison reported that she had visited the property and it hadn’t changed in ten years. She said she had no problem with changing the property from forest lands to non-resource because the timber on the property has little value. She stated the land is a swamp and she has reservations about approving it. She warned of problems with the septic situation.

Dwyer said that he didn’t want to create more problems on the property, but wants to alleviate them.

Weeldreyer stated that when the public hearing was held on March 15, she was not present and she had not reviewed the information in the public hearing. She declared she wasn’t qualified to participate in the deliberation and would abstain from voting. She favored a continuation of the matter.

MOTION: to deny Ordinance No. PA 1147.

Dwyer MOVED, Morrison SECONDED.

VOTE: 4-0 (Weeldreyer abstained.)

8. CONSENT CALENDAR

A.  Approval of Minutes:
November 3, 2000 Board of Health, 9:00 a.m.
March 8, 2000 Regular Meeting, Following HACSA
April 11, 2000 Work Session, 1:30 p.m.

B.  Health and Human Services

1) ORDER 00-5-3-1 Approving Exhibit A, the Lane County Annual Health Plan for FY 2000-01; Accepting the Intergovernmental Agreement with the Oregon Health Division in the Amount of $2,455,088; and Delegating Authority to the County Administrator to Sign the Public Health Plan, and Intergovernmental Agreement with the Oregon Health Division.

2) ORDER 00-5-3-2 Accepting Intergovernmental Agreement #87924 for Services Through June 2001 in the Amount of $176,608 from the Oregon State Office of Services to Children and Families; Appropriating an Additional $44,152 in Revenues and Expenditures in the Department of Health and Human Services (286) for Services to Individuals with Alcohol and Drug Addictions; and Authorizing the County Administrator to Sign the Document.

3) RESOLUTION AND ORDER 00-5-3-3 Delegating Authority to the County Administrator to Sign a Contract Amendment with Midcoast Enterprises, Inc. to Provide Disability Services in the Amount of $11,963.

4) ORDER 00-5-3-4 Accepting Amendment #3 to the Intergovernmental Agreement #70143 with the State Office for Services to Children and Families in the Amount of $25,718 and Authorizing the County Administrator to Sign the Document (SCF Funded Nurse).

5) ORDER 00-5-3-5 Delegating Authority to the County Administrator to Sign a Contract with Sacred Heart Medical Center in the Amount of $475,000 to Provide Crisis Response Service to the Sacred Heart Emergency Room.

C. Management Services

1) ORDER 00-5-3-6 Adding Two Seasonal Property Appraiser 2 Positions.

D.  Public Works

1) ORDER 00-5-3-7 Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Rock Material Needs During the 2000/2001 Fiscal Year, Contract No. 00/01-M&S-51.

2) ORDER 00-5-3-8 Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Asphaltic Mix Patching Material Needs During Fiscal Year 2000/2001, Contract No. 00/01-M&S-53.

3) ORDER 00-5-3-9 Awarding a Contract to Hessel Tractor and Equipment Co., in the Amount of $76,455.00 for the Purchase of One (1), New Crawler Tractor, Contract FY99/00 FS-03.

Morrison requested pulling 8. B. 2) and 8 B. 4)

MOTION: to approve the Consent Calendar except for 8. B. 2) and 8 B. 4).

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.

Morrison stated that with regard to 8. B. 2), there were duplications in what was being done. She noted with 8 B. 4), there was duplication with alcohol and drug addiction problems. She said it was throwing money at different issues without getting any results.

Rockstroh responded that Lane County’s part is the public health nurse part of the team. He noted that the state of Oregon made its own senate bill with implementing language.

MOTION: to approve 8 B. 2) and 8 B. 4).

Morrison MOVED, Dwyer SECONDED.

VOTE: 5-0.

9. HEALTH AND HUMAN SERVICES

a.  ORDER 00-5-3-10 Adjusting the Department of Health and Human Services Budget (Fund 785) to Accept Additional Revenues in the Amount of $402,618 for the REACH and LIEAP Programs and, of this, to Appropriate $151,348 to Increase FTE by .95 by Establishing a .75 FTE Office Assistant Position; to Increase an Office Assistant Position by .10 FTE, and Increase a Community Service Worker Position by .05 FTE.

MOTION: to approve ORDER 00-5-3-10.

Dwyer MOVED, Weeldreyer SECONDED

VOTE: 5-0.

10. COMMISSIONERS' ANNOUNCEMENTS

Green announced that this past Friday the dedication of the Juvenile Justice Center took place. He thanked Mike Moskovitiz, Public Information Officer, for putting together a press conference. He noted that the youth get a lot of support once they get into the facility.

Morrison echoed Green’s educational experience. She said she had a good time learning about the facility and the staff did a wonderful job.

Dwyer noted that it is a facility that is well-done with quality workmanship.

Sorenson reiterated that the event was well done. He congratulated Moskovitz and Steve Carmichael. He reported that he attended a California Highway Patrol retiree meeting in Cottage Grove.

Weeldreyer stated that in her visits with other counties on telecommunication, she learned that Lane County is the only one that takes two days to get weekly business finished. She reported a vast majority of counties complete their business within a one or two hour meeting one morning per week.

Morrison reported she went to Corvallis regarding the Regional Investment Board. She noted there will be monthly reports and Lane County will receive a bill.

Weeldreyer passed out the adopted legislative priorities (copy in file) from the AOC conference. She reported that the telecommunication network proposal was adopted as a priority and transportation was dropped. She noted that AOC will become the architect of telecommunications policy for the next legislative session. She added that PERS was also adopted as a priority. She volunteered Van Vactor and Green to be Lane County’s champion for this priority. She noted that closing gaps in services for the mental ill and a community wellness plan were important to the metro counties and they were made a priority. She reported that she will be on the McKenzie River on Friday to examine the boat landing sites from a river perspective.

11. EMERGENCY BUSINESS

None.

12. OTHER BUSINESS

There being no further business, Commissioner Sorenson adjourned the meeting at 3:45 p.m.

Melissa Zimmer
Recording Secretary

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