APPROVED 1/3/2001

BOARD OF COMMISSIONERS' WORK SESSION

November 21, 2000

Following HACSA

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 a Board Order change on 8.b., the Board Order had been changed to 00-8-30-13.  He said there would be an Emergency Business item, Measure 7 Claims Issue.

 

2. PUBLIC COMMENTS

 

Bruce Burrow, 37040 Edgehill Road, Springfield, stated regarding Measure 7, that Lane County could be faced with lawsuits.  He said advice from private business attorneys is needed.

 

Gordon Howard, 83147 Rattlesnake Road, Dexter, stated he was a property owner on Clear Lake.  He said Heceta Water District has a track record of being irresponsible.  He asked the Board to deny the easement or craft a long-term solution.

 

Paul Vaughn, 180 E. 11th, was present on behalf of the Heceta Water District.  He stated he submitted a letter yesterday that had an incorrect date (it should have been November 21).  He noted that since 1968, the water district had a certificated water right for withdrawing a little over a million gallons per day from Clear Lake.  He said the original plan was for the City of Florence and the water district to use the current easement.  He added that when that was requested and approved by the Board of Commissioners the plan was for a four million-gallon plant.  He said that later the City of Florence withdrew from that agreement and the request was for a two million-gallon plant.  He noted the final compromise position was a request for a one million-gallon per day easement on the entire lake.  He said they need the easement because they have to get water out of the lake and up to the water tank.  He said they would use Jones’ easement to serve customers to the south.  He said as long as the easement is limited to one million gallons per day, the lake level will never go below 99 feet.

 

Dale Riddle, P.O. Box 851, Eugene, stated he represented Aaron Jones’ property.  He opposed Heceta’s request that the lake level limitation be removed from the proposed easement.  He noted that the proposed easement contained no private right of enforcement.  He suggested putting in a waiver provision in the limitation.

 

Mike Kendoll, P.O. Box 1042, Florence, Manager of the Heceta Water District, stated they need the pipeline because they moved the original plan of the treatment plant off the lake.  He said they have water conservation levels and will implement them.  He urged the Board to grant the easement without level restrictions.

 

3. EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

4. COMMISSIONERS' BUSINESS

 

a. DISCUSSION Evaluation of County Counsel/ORDER 00-11-21-6 .

 

Sorenson noted it was a successful year for Teresa Wilson, County Counsel, for all of the challenges she faced.  He also said Wilson didn’t treat each commissioner equally.

 

Weeldreyer rated Wilson exceptional. She suggested more training with other departments regarding contracts.

 

Morrison echoed Weeldreyer about the quick turn around time with the regional investment board contract.  She added that some departments don’t know what they are doing regarding contracts.

 

Dwyer stated that Wilson had done remarkably well responding to crises with time management.  He applauded her for also taking time to spend with her family.

 

Green stated that Wilson was always accessible, and her responses have always been timely.  He added that she delegated and followed up work with staff.  He would like to see Wilson expand her staff to include people of color.

 

Wilson appreciated the suggestions.  On Sorenson’s comment about paying more attention to departments than to the Board and favoring certain Commissioners.  She said departments think they are short-changed because County Counsel is not staffed at a level that she could respond to.  She noted that they outlined their priorities for County Counsel, where litigation is number one, and response to the Board is second. She added that might result in a response whereby a commissioner may think they didn’t get the advice they wanted.  She noted that her good work was a result of the people who are in her department.

 

Van Vactor noted that Wilson had an employment contract, and in the past, the Board had approved an Order that would renew her employment contract under the same terms and conditions.

 

Weeldreyer wanted Wilson’s contract to reflect that evaluations from staff and the Board are "exceeds expectations" and the Board would renew her employment contract.

 

MOTION:  Move because of the evaluations in which Wilson exceeded expectations of the Board, that the contract be renewed for another year.

 

Morrison MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

 

Van Vactor said he would provide an order for the chair to sign reflecting the action.

 

b. RECOGNITION ORDER 00-11-21-5 Middle Fork Willamette Watershed Council.

 

Weeldreyer recalled that four years ago, in response to requests from sub-basin watershed groups to become watershed councils, the Board adopted a policy that was designed to streamline administrative costs for watershed councils in Lane County by passing an ordinance that formally recognized five watershed councils at the basin – not sub-basin level.  She noted as of today, the Siuslaw, the Long Tom and the McKenzie had been recognized.  Weeldreyer stated they have an order that will formally recognize the Middle Fork of the Willamette Watershed Council and that the Coast Fork Watershed is also making progress toward county recognition.

 

Weeldreyer noted that part of the Board’s criteria for approving the watershed councils is to make sure the councils are as inclusive as possible of users within the basin.

 

Juan Welch, Middle Fork Willamette Watershed Council, reported it was a high priority for the group to begin assessment work and then develop an action plan focused on restoration and enhancement opportunities.  He noted that 66% of the land within the watershed is managed by the Willamette National Forest.  He said they had recently been recommended for funding by the Oregon Watershed Enhancement Board to continue with the assessment.  He noted that it is an $82,000 grant that not had been formally approved.  He said their goal is to have a cohesive, single watershed water assessment for the Middle Fork.  He said they are planning to introduce extended watershed education curriculum into the schools.

 

Wilson explained this watershed council will be actors as opposed to being advisory.  She said there might be some attempt in legislative session to invest more organizational type authority to watershed councils.

 

MOTION: to approve ORDER 00-11-21-5.

 

Weeldreyer MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

c. DISCUSSION/Draft of State Office Building Letter.

 

Dwyer reported the space would be utilized to provide a majority of services that are required for the state.  He met with the people from the state and they were receptive.

 

David Suchart, Management Services, stated he spoke with Bill McKelberry.  He stated that he and Dwyer would have further discussions.  He added the state courts and the District Attorney are supportive of this effort.

 

Dwyer said they need to have an assessment of the building.

 

Suchart noted that there would be pressure within three years to move the District Attorney out of Centennial Bank and expansion of the courts causes the need for additional space.

 

Van Vactor stated the capital project committee is addressing not just Lane County’s needs but also the state’s.  He hoped it will be a win-win.

 

MOTION: to approve a draft letter to Bill McKelberry with one correction in the second paragraph stating they are currently having (not currently have) difficulties.

 

Sorenson suggested changing Chief Justice Wally Carson’s first name to Wallace.

 

Morrison MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

5. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported he sent the Board a memo last week about the parking contract protest.  He wished everyone a Happy Thanksgiving and noted the offices would be open on Friday with a skeleton crew.

 

Morrison agreed with Van Vactor on opening the bidding process and having a clean slate on RFPs.

 

Dwyer and Green concurred.

 

Wilson noted the process gives Van Vactor the authority and overturns the decision of the Board, going forward with the contracts and ordering a new set of RFPs.

 

6. PUBLIC WORKS

 

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1155 Amending the Rural Compre­hensive Plan to Redesignate Land from “Rural” to “Commercial”, Rezone that Land from “RR-5/Rural Residential” to “CR/SR” (“Rural Commercial with Site Review”; and Adopting Savings and Severability Clauses (File PA 98-5302; Pinnell).

 

Jerry Kendall, Land Management, reported this was a routine First Reading for setting up a public hearing on December 6.

 

Wilson noted that this changes the zoning from RR5 to commercial and it is an upzoning, an action that Measure 7 was designed to address.  She recommended moving forward.

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1155  for December 6, 2000 at 1:30 p.m. in Harris Hall.

 

Morrison MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

 

7. CONSENT CALENDAR

 

A. Approval of Minutes:

June 7, 2000, Regular Meeting, following HACSA

September 12, 2000, Work Session, 10:30 a.m.

September 13, 2000, Regular Meeting, 9:00 a.m.

November 1, 2000, Regular Meeting, following HACSA

November 1, 2000, Regular Meeting, 1:30 p.m.

 

B. Public Works

 

1) ORDER 00-11-21-1 Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, Parcel “A”, of Collard Lake Heights, as Platted and Recorded in Book 56, Page 26, as a Public Road. (Collard Loop) (18-12-01).

 

MOTION: to approve the Consent Calendar.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

8. MANAGEMENT SERVICES

 

a. ORDER 00-11-21-2 Adopting Amended Salary Ranges, Classifications in the Departments of Information Services and Regional Information Systems.

 

Ed Ruttledge, Management Services, reported on negotiations with AFSCME on IS Reclassifications.  He said three settled and there were additional negotiations to get the rest settled.  He noted they were able to complete this in an amicable way.  He said they came to a tentative agreement (copy in file) on IS classifications as well as the RIS classifications impacted in the same negotiations.  He requested the Board approve the reclassifications.

 

Morrison asked if the dollars were available to do this.

 

Gary Ingram, Information Services, responded that, as far as the IS Department is concerned, there is lapse money and the cost would be about $145,000.  He added the ongoing cost would be about $92,000 and next year’s budget would be increased by $92,000.

 

Paul White, RIS, stated it would be $110,000 this year and would increase next year, with the cost coming from the lapse funds this year and increasing the budget next year.

 

MOTION: to approve ORDER 00-11-21-2.

 

Weeldreyer MOVED, Dwyer SECONDED.

 

Weeldreyer hoped the Board would support the recommendation as it was a compromise.  She said that would be good faith.

 

Dwyer said it was the fair thing to do.

 

Van Vactor recalled that with the IS portion, there were concerns, the Board had a lengthy meeting and Board direction was for them to work with AFSCME, to fix it.

 

VOTE: 5-0.

 

b. ORDER 00-11-21-3 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, reported that he set a draft of easement conditions that had been articulated from the last meeting.

 

Van Vactor reiterated a critical condition was whether or not to leave the lake level at 99.0 feet.

 

Dwyer wanted to leave the lake level and include the right of private action and didn’t want to limit it to just the adjacent property owners.

 

Morrison was in agreement with not taking more than one million gallons. She didn’t want them to come back in five years requesting 1.6 million.  She added if there were extenuating circumstances, those could be studied and re-evaluated.

 

Mike Kendoll, Heceta Water District, stated they were planning on filtering one million gallons and the treatment plant had to be moved with a pipeline going to the treatment plant costing $300,000.  He noted they applied for additional monies and it will cost more money to relocate out of the homeowner’s site.

 

Morrison wanted a letter from Heceta stating they would not be able to get a loan if there was a limitation on the lake.  She said they need to be prudent about the restrictions.  She added that they could enforce the million gallons a day with measures if they didn’t comply.

 

Dwyer thought the right to private action was important.  He wanted citizens to have access as it will minimize Lane County’s involvement.  He was more concerned about what was left in the lake, not what was being taken.

 

Paul Vaughn said if the consequence of reaching a level is that the easement could be terminated by something the water district had no control over, it wouldn’t be a prudent loan.  He added if the level drops below 99 feet and the only consequence would be conservation measures, it would be a different story.  He said they need to be clear on the consequences if they reach the 99-foot level.

 

Weeldreyer said it was important for each commissioner to weigh in to get legal counsel direction to come back with additional information.  She supported removing the lake level requirement from the easement.  She would support monitoring for the next five years that the one million-gallon a day limit is being honored.  She added because of County Counsel addressing legal issues with all the different priorities, by removing the lake level, she would support having a third party right of action.

 

Vorhes said they have to determine what a private right of action is and how it would be designed. He noted it had to be articulated clearly, because  if there was an expectation of talking with the County granting the easement before pursuing the right of action, it could be included.  He added it needed to be determined what would trigger the right of action.

 

Green suggested that Vorhes come back with options for the easement as to how it should look instead of the Board piecemealing it today.  He supported one million gallons per day of drawdown but he would not favor increasing that.  He added with the third party piece, he didn’t think that Lane County would be able to resolve anything.

 

Weeldreyer, Dwyer and Green supported a limited waiver.

 

Morrison requested a monitoring device on the easement for one million gallons, a quarterly report back to the Board and a third party right of action as a swap for the 99-foot level.  She added if there was any violation of the utility easement, that the third party right of action could go forward.  She wanted an increase in the withdrawal cap as an emergency only.  She had concerns about the Heceta Water District’s credibility and this would be a way of controlling that.

 

Sorenson wanted the lake level in the easement only if it would not preclude the financing.  He would be willing to give that up in favor of having the plant built.  He supported a private right of action to enforce the easement.  He didn’t want the level of the lake to be a deal killer.  He asked staff to respond to the comments and come back one more time.

 

Vorhes said he could provide the range of options if the Board wanted to make a choice among private rights of action.  He suggested coming back in two weeks.

 

Kendoll stated they needed the easement to get the plant completed and asked Vorhes to come back in two weeks.

 

Morrison stated they only needed to decide on which third party right of action should be included.  She asked Dwyer if he would be willing to step back from the lake limit if they got a third party right of action.

 

Dwyer wanted to keep the lake limit.  He said he would rather have the level of the lake determine whether or not there was over-appropriation rather than gallonage.

 

Morrison noted if they exceed the one million gallons, they needed to be put on notice that one time is fine, but five times is not acceptable.

 

Dwyer stated if there was proof that financing was not available with the lake level, he would agree to take it out.

 

Weeldreyer said as long as there was a third party right of action, she didn’t need to have the lake level.

 

Vorhes stated he had to bring back an option on private right of actions where some of the discussion about consequences had ranged.  He added there needed to be a discussion on what rights of action ought to be available to either the county or a citizen.  He said if that were the consensus of the Board, he would follow that direction.  He noted besides the  private right of action option, he would include a million-gallon withdrawal, the monitoring, the limited waiver and an opportunity to cure for failure to comply with all of the terms of the lease.

 

9. PUBLIC SAFETY

 

a. ORDER 00-11-21-4 Amending Lane Manual Chapter 60 to Establish a Fee Charged by the Department of Public Safety for Pretrial Electronic Surveillance Program Set-Up.

 

Lt. Steve Davis, Sheriff’s Department, reported that Pretrial Electronic Surveillance is a cooperative effort between the custody referee’s office and the Sheriff’s Office on reducing jail population and people who get matrixed, while increasing the amount of people on pretrial supervision.  He said the proposal for the fee was precipitated by a decline in people who had been participating.  He noted the security release bail amount was an impediment to participating in the program.  He noted $500 was for a person who absconded.  He reported that in an 18-month period, there were 54 people participating and 5 absconded.  He noted that one transmitter was taken (at $600 each), with the receiver costing $5,000.

 

Davis stated the proposed fee of $35.00 is to generate a replacement fund for the stolen or damaged equipment and they expect it would be $1,400 to $1,500 on an annual basis.

 

MOTION: to approve ORDER 00-11-21-4  with Option 1.

 

Dwyer MOVED, Morrison SECONDED.

 

Weeldreyer noted that Finance and Audit had discussed this matter and recommended approval.

 

VOTE: 5-0.

 

10. COMMISSIONERS' ANNOUNCEMENTS

 

Dwyer reported there was an opportunity for the Board to spend a day in a wheelchair.  He noted he did it while he was in the senate and it provides a different perspective on barriers that people encounter.

 

The Board was in agreement to this.

 

Dwyer stated he would make all of the arrangements.

 

11. EMERGENCY BUSINESS

 

Ordinance 9-00 Amending Chapter 2 of Lane Code to Add Provisions Establishing a Real Property Compensation Application Process Resulting from Voter Approval of Ballot Measure 7, and Declaring an Emergency.

 

Wilson stated they were recommending that the Second Reading and Public Hearing take place on December 6 at 6:00 p.m., to have a joint public hearing with the Planning Commission.  She said the ordinance tells potential applicants how to submit an application under Measure 7.  She said there is not one ordinance, but there is consistency in the applications.  She explained applications will be on a case-by-case basis.  She noted it is then determined if the application was correct.  If not, the applicant is given an opportunity to add information and a review by the County Administrator.  She said there is an analysis determining whether it is a Measure 7 claim and if it is, it is referred to the Board of Commissioners.

 

Vorhes explained there are questions about the scope and coverage of Measure 7 and they need to define Measure 7 as much as possible in the ordinance and describe how it applies. He noted they chose the latter because it is difficult to state how the provisions of Measure 7 will work.

 

Wilson stated that this constitutional amendment calls for either a release from application of a regulation (where an elected body had deemed it in the public interest) or a payment of taxpayer funds.  She added it is an amendment to a provision in the constitution about just compensation when the government takes property of eminent domain.

 

MOTION: to approve the First Reading and Setting Second Reading and Public Hearing on Ordinance 9-00 for December 6, 2000 at 6:00 p.m. in Harris Hall.

 

Dwyer MOVED,  Morrison SECONDED.

 

Wilson said they were anticipating the Attorney General’s opinion before December 7, committing the state agencies to whatever that advice would be.  She added they will have a first reading on ordinances from the Cities of Eugene and Springfield next week with a second reading and public hearing to adopt ordinances on December 13 to address claims in the urban transition area.

 

VOTE: 4-0 (Sorenson left the room).

 

There being no further business, Commissioner Morrison adjourned the meeting at 3:55 p.m.

 

Melissa Zimmer

Recording Secretary

 

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