November 7, 2000

following Board of Health

Commissioners' Conference Room

APPROVED 3/14/01


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.








Larry Schmidt, 88403 Vineyard Lane, Veneta, stated he sent a letter to the Board addressing Mr. Thorpe’s proposed composting business being moved to Vineyard Lane.   He was concerned that the business was commercial and not farming.  He noted that the fish residue had to be brought in from the coast.  He was concerned about the smell.


Kathryn Rainville, 23706 Subtle Road, Veneta, was also concerned about the composting.  She said they are collecting seafood wastes and letting it compost on the site.  She was concerned about the drinking water as everyone in the area is on well water.


Morrison noted this would go through its normal land use compliance course.


Tim O’ Shay, said people were not aware of hydrogen conversion.  He noted that 20% of natural energy needs could be met through conversion of landfill and from human and animal solid waste.


3. EXECUTIVE SESSION as per ORS 192.660






a. DISCUSSION AND ACTION Franchising Private Waste Collection in Lane County.


Ken Sandusky, Waste Management, noted that in March 1999, they were given direction to pursue the development of franchising as a waste management system option. He said franchising would allow setting service standards for waste collection and recycling throughout unincorporated Lane County.  He added franchising entails reporting and accountability and a better picture about how waste was being generated.


Scott Hobson, H F & H, gave a presentation about franchising. (Copy in file).


Hobson explained that last month they met with the county haulers for their feedback and the haulers generally preferred exclusive over non-exclusive franchising.  He said revenue from an exclusive arrangement is over a fixed term, and provides real value by reducing risk and the associated costs of financing their operations.  He said there was some interest in the haulers operating the County’s rural transfer stations.  He added there was a desire for the County to raise certain charges at the rural transfer stations to avoid competing with the new franchises.


Hobson recommended that Lane County implement an exclusive franchise.  He said the approach was consistent with most jurisdictions within the state of Oregon and favored by the majority of the haulers within the County.  He further recommended that the County coordinate its franchise standards with existing city franchises within the County.  He noted if the Board were to move forward with the implementation of exclusive franchises, they believe it would provide the best opportunity for the County to achieve the objectives.  He added if this is approved, the next steps would include meeting with County staff, city managers and haulers to discuss in more details the plans for the exclusive franchises.


Tim O’Shay said they should have gone in the direction of hydrogen conversion.  He said there is a problem with global climate changes.  He noted that 20% of natural energy needs could be met through conversion of landfill and human animal solid waste.  He noted the American Hydrogen Association in Tempe, Arizona has the technology to convert municipal waste management facilities to low cost hydrogen.


Brian Bayles, 88604 Oak Hill Cemetery Road, stated he was with Royal Refuse and opposes the franchising.


Scott Bayles, 24259 Cerdic Road,  Veneta said he was part owner of Royal Refuse that services 2,000 customers.  He noted a majority of his customers were dissatisfied with another hauler and they executed their option of finding another company.  He said he was in opposition to exclusive franchise.  He didn’t believe that franchising would result in greater customer satisfaction.


Jason A. Lovewell, 26636 Patterson Dr., Monroe, stated his business is Countryside Disposal and he had serviced the area since 1979.  He said there are pros and cons to both sides of the system and he could go either way.  


Sandusky said they tried to lay out the advantages and disadvantages from feedback from most of the haulers.  He said they would negotiate with existing waste haulers to develop franchises.  He said it was not their intention to put anyone out of business.  He added they would prefer exclusive or non-exclusive franchises because they would be entering into a contract with the waste haulers. He said the franchise agreement would give them the ability to borrow money to capitalize their business.  He stated they had to strike a balance between the County, the citizens and the companies who would be doing the franchises.  He said there was discussion of looking at the County transfer sites as the franchise agreements but wanted to defer this until there is a network of franchises in place. 


Dwyer said garbage was not an option and competition keeps costs down.  He wanted to make sure that trash collection was affordable for people and that it is not an obligation on the haulers.  He said he wouldn’t favor exclusive franchises.


Morrison concurred with Dwyer and did not support exclusive franchises.


Hobson recommended a fixed term, and when the term expired, that contract would be bid out.  He said that brings out competition and provides cost reductions. 


Green asked what part of the system of hauling waste was broken that caused them to go this direction.


Sandusky responded it provides a safety net should something happen to the system benefit charge.  He said it would bring their system up to the standards of the industry.


Sorenson suggested that more information should be developed.  He didn’t think the case was there.  He encouraged discussion, but was not for moving it forward.


Green said he would be more open to an exclusive franchise if the public was engaged up front.  He would rather see a survey of the general customers and provide the Board with information stating this was needed before he would approve this.


Weeldreyer echoed the same concerns as other board members about the exclusive franchise.  She didn’t see a problem that needed fixing, and as long as the revenues were not in a deficit situation she was not ready to move forward.


Dwyer didn’t think it was necessary to charge franchise fees, as there was no public benefit.


Sorenson suggested that Sandusky come back with information on how the systems benefit charge was going with collections.  He added that Sandusky could work with the RAC regarding the consumer issues.


b. DISCUSSION Innovative Idea for Waste Management Recycling Credit.


Green reported this was brought to him on behalf of one of Lane County’s employees, Jody Bartok.


Sandusky stated that Bartok had come to him with an idea.  Sandusky explained waste management gives credits for recycling and Bartok suggested that customers donate their credit for recycling to a local organization   He added Bartok’s initial suggestion was for Food for Lane County.  Sandusky agreed it would be a good idea.  He noted there is $188,000 per year that is issued by way of senior and recycling credits.  He asked the Board to identify recipients of the money.


Bartok said that Oregon was one of the highest areas where people go hungry and that gave him the idea.


Green supported this as a win-win situation.


Dwyer said it was an excellent idea and he would support it.


Morrison stated she was in support and suggested keeping the money in the same community.


Green directed staff to further develop this concept and bring it back to the Board to formally memorialize the action.


c. ORDER 00-11-7-1 Awarding Trashbuster Awards to Julie Rogers and Nancy Young.


Tanya Baker, Waste Management, reported that Governor Kitzhaber proclaimed the week of November 11-18 Recycling Awareness in Oregon.  She said Lane County was recognizing citizens’ effort to reduce, reuse, recycle and compost.  She noted that the Resource Recovery Advisory Committee recommended Nancy Young and Julie Rogers for this year’s Trashbuster Award.


MOTION: to approve ORDER  00-11-7-1.


Dwyer MOVED, Morrison, SECONDED.


VOTE: 5-0.


d. DISCUSSION/FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1156 Amending the Eugene-Springfield Metropolitan Area General Plan Diagram to Redesignate Land From "Agriculture/Urban Reserve" to "Rural Residential/Urban Reserve", Rezone That Land From Lane County "Exclusive Farm Use 40-Acre Minimum/Floodplain" (E-40/FP) to "Rural Residential 5-Acre Minimum/Floodplain/Site Review" (RR-5/FP/SR) and Adopt an Exception Pursuant to Statewide Planning Goal 2; and Adopting Savings and Severability Clauses (File PA 99-5599/Porter).


Celia Barry, Land Management, report this item concerned a request for a metro plan amendment and zone change to achieve RR5 zoning on approximately 12.4 acres of land at the southwest corner of Greenhill Road and Royal Avenue.


Barry noted since this was a metro plan amendment and not a rural comprehensive plan amendment, an exception to statewide planning Goal 2 was requested.  She said action must be taken by all three metro jurisdictions.  She reported the public hearing would be on November 29, 2000 at 7:30 p.m.


Barry explained the item came before the three planning commissions on November 16, 1999 and staff at that meeting noted deficiencies in the information.  The planning commissions did all recommend approval of the request with the stipulation that additional findings and facts be provided to strengthen the original application.  She noted since that time, staff had received three revisions to the findings. (Exhibit C of the ordinance, copy in file.)  She added staff did not believe the findings were adequate to be adopted.  She said the OAR is very specific as to what needed to be addressed with regard to taking an exception, and some of the questions were not covered in the findings.  She added there was at least one metro plan policy that was not entirely addressed in the findings.


Barry noted that because the property was in the urban reserve designated area, (outside of the urban growth boundary) it was subject to OAR 660-021.  She said in the previous staff report to the planning commissions it was noted that the rule had not yet been adopted, but it had been adopted by the time the application was submitted and there are criteria in the rule that needed to be addressed.


MOTION: to approve First Reading and Setting Second Reading and Public Hearing on  Ordinance PA 1156 for November 29, 2000 at 7:30 p.m.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 5-0.




a. ORDER 00-11-7-2 Approving the Benton, Lane, Lincoln and Linn (BL3) Regional Investment Strategy Plan Projects for Funding Through the Regional Investment and Rural Investment Funds.


Cynthia Van Zelm, LCOG, explained the spreadsheet of projects approved for funding by the Benton, Lane, Lincoln and Linn Regional Investment Board on October 23.  She said they approved 36 projects out of 64 for funding for the amount of $1.9 million and $232,777 for eight multi-region projects.  She noted that the Regional Investment Board recommended that 10% of the regional investment fund and 10% of the rural investment fund be made available for an opportunity fund so that organizations would have access to funding for special or emergency projects.  She stated approval of the order includes approving the $263,750 for the opportunity fund and it will be advertised after final approval of the projects.


Van Zelm noted that an application packet was sent on September 11 to all incorporated cities, county commissions, port, school and library districts, fire and water districts, non-profits and tribal entities. She stated that all of the projects needed to address the regional investment strategy goals and criteria that were listed in the application packet.


Morrison said she would support the recommendations but had concerns about some of them.  She wanted the money to go toward projects and not staffing.


MOTION: to approve ORDER 00-11-7-2.


Dwyer MOVED, Weeldreyer SECONDED.


Weeldreyer said she was pleased with some of the projects as it will improve the quality of life.  She supported this and encouraged the Board to do the same.


VOTE: 5-0.


b. UPDATE Facilities Capital Improvement Projects.


David Suchart, Management Services, reported the courthouse roof was completed.  He said the cafeteria was completed and open for business.  He added in three or four months they will perform a formal survey of all employees and users of the cafeteria.  He noted the roof on the Forest Work Camp was completed.


On the juvenile justice system, Suchart said they are working on soundproofing the courtrooms and making sure the HVAC was working properly.


Suchart said ongoing projects included asbestos abatement in the courthouse and trees that are causing floors to crack in-between the courthouse and the public service building.  He said with the mental health facility, they are obtaining estimates on the demolition of Skipworth.




a. Announcements


Van Vactor announced that it was Election Day and thanked staff for assisting with the election.




A. Approval of Minutes:

October 18, 2000, Joint Elected Officials/TransPlan Meeting, 6:00 p.m.

September 19, 2000, Regular Meeting, following SPEC Meeting


B. Health and Human Services


1) ORDER 00-11-7-3 Awarding a Subcontract Amendment to Willamette Family Treatment Services in the Amount of $793,644; Awarding a Subcontract Amendment to Centro Latinoamericano in the Amount of $2,826; Authorizing the County Administrator to Sign the Documents; and Appropriating an Additional $805,033 in Revenues and Expenditures in Fund 286 in the Department of Health and Human Services (34) for Services to Individuals with Alcohol/Drug Abuse Problems (FAGA 20-001, RGA 43).


C. Public Works


1) RESOLUTION AND ORDER 00-11-7-4 Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for Improvement of the Green Hill Road/Barger Drive Intersection.


2) ORDER 00-11-7-5 Selecting a Process for Board Consideration of the Bus Rapid Transit Project (BRT).


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Weeldreyer SECONDED.


VOTE: 4-0 (Green out of room.)










There being no further business, Commissioner Sorenson adjourned the meeting at 12:00 p.m.


Melissa Zimmer

Recording Secretary


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