BOARD OF COMMISSIONERS'

REGULAR MEETING

January 22, 2002

following HACSA

Commissionersí Conference Room

 

Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Cindy Weeldreyer present.County Administrator Bill Van Vactor, Assistant County Counsel Steve Vorhes and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

None.

 

2. PUBLIC COMMENTS

Barbara McKie, 106 E. Hilyard Lane, Eugene, spoke on behalf of her neighbors, directing her comments to Bobby Green.She stated their neighborhood had been targeted as an unregulated convenient area to construct cell phone towers.She asked Green to take the lead to see that the Board of Commissioners adopt the LUCU ordinance regarding cell phone tower construction with an emergency clause to stop the move by Verizon wireless to construct a second tower in their neighborhood.She said if immediate steps are not taken, they will suffer long term consequences in property values and quality of life.

Green stated they have a process for three ordinances from LUCU and the cell phone towers was one of them.He noted according to the legal process, the have to wait for appropriate public notice, thus their hands are tied until January 30.He asked if once they had the public hearing on the ordinance (and if a majority of the Board supported the amendment to the ordinance) they could have an emergency clause that could take effect immediately instead of waiting 30 days.

 

Vorhes stated they could have an emergency clause.He noted the second reading and public hearing would be 13 days later and they would be in a position to act.Then and it would go into effect immediately.

 

Weeldreyer asked if they were to adopt a stricter code with an emergency clause, if it applied to current or any new applications.

 

Vorhes responded it would only apply for new applications after that time.

 

Dwyer asked if there was a legal way for the Board to stop or act in an affirmative manner that would address the cell phone tower concerns.

 

Vorhes responded there wasnít a way to get pending applications.He said LUCU has cell phone regulations, but it didnít contain an emergency clause.He added if the Board were to act on LUCU, they would have to change the ordinance to add an emergency clause and that would put them in the same time frame.He noted a moratorium would also carry a time frame that would be longer than the period of time it would to enact the ordinance.

 

Sorenson asked if Lane County could declare its own moratorium.

 

Vorhes stated the Board has the authority to declare a moratorium but the issue is the process to get to that point.He said inside the urban growth boundary of Eugene, they were on a faster track to enact a regulation than the moratorium process would take.He added outside the urban growth boundary is another track for regulations that apply countywide.

 

McKie asked if there was unanimous consent to doing what could be done in the most timely way to put some type of restrictions on cell phone tower construction in the County.

 

Dwyer stated that was true with what was legally permissible.

 

Marion Randall, 3839 Gilham, Eugene, stated she owns commercial property at 1015 River Road adjacent to the newly approved Cricket wireless cell phone tower.She said the construction of cell towers in the area is a serious issue with property values and the quality of life.She was concerned about the area becoming a cell phone tower farm because there are no restrictions.She asked the Board to adopt the LUCU ordinance regarding cell phone tower safety with an emergency clause.

 

Fred Hamlin, 29773 Gimple Hill Road, Eugene, stated a question was raised as to whether the fairgrounds director had made applications for various grants that might be available for the Clean Water Act Remediation Program.The fairgrounds director answered in the affirmative.He stated the Board of Commissioners instructed the fairgrounds' director to provide copies of the grant applications to be delivered by January 14.He reported that there had been no effort to deliver the documents to him as of January 22.He surmised the fair director was relying on funding to be received from the Board of Commissioners as a result of the refinance to the fairgrounds bonds and that efforts to acquire the grants or low cost loans had not been made.He added there was also discussion of the notification of selection process of Lane County Fair Board positions. He stated the fairgrounds director chooses who he wanted sitting on the Board.He asked the Board of Commissioners to investigate the process.

 

Martha Johnson, 110 E. Hilyard, asked if the cell phone towers could be adopted with an emergency clause.

 

Dwyer responded they instructed counsel to take those provisions of LUCU that the Board could support with an emergency clause that would enable them to adopt those provisions as quick as legally possible.

 

Melia Rideout, 119 E. Hilyard, Eugene, asked why the neighborhood wasnít notified when a tower was going to go up.She said this was a health issue for the neighborhood as there hasnít been enough research on the affects on children.She asked what could be done to prevent this from happening.

With regard to health effects from cell phone towers, Weeldreyer noted that in 1996, Congress passed a law that was a revision of the 1930ís Telephone Act.In that, the FCC said that local zoning authorities could not consider health impacts.

 

Dwyer was disappointed that this took so long but said the problem would be fixed within the next few weeks.

 

With regard to the appointment of Fair Board members, Green said for clarification, the Board of Commissioners appoints members to the Fair Board.They reappoint members whose term had expired.He added they had a board order that reappointed the last member whose term was up and it was unanimous by the Board.

 

Weeldreyer said they could do a better job of keeping the applicants informed as to where they are in the process and they didnít do an adequate job of notifying the individual that did apply for the vacancy.

 

3. EXECUTIVE SESSION as per ORS 192.660

None.

 

4. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

b. ORDER 02-1-22-1/In the Matter of Providing Direction for Projects Under the General Allocation for Economic Development Program and Recommendation to the Budget Committee.

 

Peter Thurston, Economic Development, recalled the Board asked the Economic Development Standing Committee to undertake providing direction or recommendations for how to distribute video lottery dollars that are allocated for economic development purposes in accordance with Lane Manual, Chapter 4.He noted todayís action was aimed at the general allocation portion of that Lane Manual provision and the actions that are requested in the order are to proceed with the Economic Development Standing Committee process that is described and to recommend to the budget committee an allocation of $418,250 in video lottery funds for the general allocation purposes.He added the committee had also held several public roundtables involving the community and discussed criteria for rating and ranking proposals.He noted the criteria described in the memo to the Board had the original criteria that the Economic Development Standing Committee was considering.He added that the first set had changed to broaden it to opportunities for future development and the fifth criteria was changed to describe it as increasing work readiness.

 

Thurston stated that Jeff Towery, Budget Analyst, had distributed a file note that had issues on the question of criteria.Thurston said an issue came up where the Board might not meet in the last week of February, when the Economic Development Standing Committee was intending to bring the final rated and ranked projects for general allocation purposes to the Board and then refer them to the Budget committee.

 

MOTION: to approve ORDER 02-1-22-1.

 

Green MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

Weeldreyer said if they get a number of different departments submitting applications for video lottery money they would take into account the six criteria in rating and ranking the proposals.She added if they get proposals that exceed the money, they would need measurable criteria to fund and leverage the wisest investment of the video lottery dollars.

 

Morrison wanted criteria that was easier for in-house use and still met economic development

 

Green noted the criteria they have is a starting point.

 

Weeldreyer asked if these funds only applied to the general fund departments or to all 14 County departments.

 

Towery said the nature of the policy description for general allocation versus strategic investment leads to the conclusion that the Board sees them as different types of programs, still meeting the greater definition of economic development.

 

Sorenson asked who would be able to apply.

 

Towery said the purpose of general allocation is to pay for ongoing County programs and services.He noted that meant it was an in-house funding stream.He added the general allocation funds are available to exist in County programs.

 

5. PUBLIC WORKS

 

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 1-02/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Parks and Recreation System Development Charge (LC 4.600-4.670).

 

Rich Fay, Parks, reported the Board directed them to bring on ordinance regarding the SDCs.

 

MOTION: to move First Reading and Setting Second Reading and Public Hearing on Ordinance No. 1Ė02. on February 6, 2002.

 

Sorenson MOVED, Green SECONDED.

 

Vorhes noted the ordinance did not have an emergency clause on it so it would go into effect 30 days after adoption.He said that February 6 was the earliest it could be adopted.He noted in the code provision it described that the SDC will begin and become applicable to applications that are filed after March 10, 2002.He added the SDC is $404 in all of the areas outside of the city limits.

 

VOTE: 5-0.

 

6. CONSENT CALENDAR

 

A. Approval of Minutes:

December 12, 2001, Regular Meeting, 9:00 a.m.

 

B. Health and Human Services

 

1) ORDER 02-1-22-2/In the Matter of Appropriating an Additional $61,115 in Revenue and Expenditures in Fund 286 in the Department of Health and Human Services for Individuals with Developmental Disabilities (CFAA#16).

 

2) ORDER 02-1-22-3/In the Matter of Increasing Appropriations of Revenue and Expenses by $40,573 in Fund 286 in the Department of Health and Human Services (34) for Public Health Services (DHS Health Services Revision #5).

 

3) ORDER 02-1-22-4/In the Matter of Delegating Authority to the County Administrator to Sign a Contract Amendment with Sacred Heart Medical Center in the Amount of $275,000.

 

MOTION: to approve the Consent Calendar.

Morrison MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

 

7. COMMISSIONERS' ANNOUNCEMENTS

 

Weeldreyer announced some funeral home directors in her district had concerns about the Countyís statutory obligation when there is a death that requires an autopsy through the medical examiners office.She said the retrieval of the body and the transport from the medical examiners office is required by Lane County.†† She noted that Lane County might be the only county that does not currently budget for that program.She added that the funeral homes gave a deadline date that they would no longer respond to calls.

 

Van Vactor stated when they receive the letter it would be processed.

 

Green said this should take place with Rob Rockstroh and Frank Ratti.

 

Weeldreyer reported on January 16 the technical advisory group met.She said they asked the group to get more research and meet at the end of January.

 

Green commended Jim Gangle, Craig Starr, Laura Yergan and Marcy Middleton on the Minority Summit that took place in Wilsonville.

 

8. CORRESPONDENCE TO THE BOARD

 

a. Fern Ridge Harbor.

 

Dwyer read the letter into the record.

 

Morrison recalled that last April 11, the Board passed an amendment providing moorage exemption from April 11 until September 1, 2001, and further provided for amendment to the Richardson concession agreement from April 11, until September 1.She noted it allowed for moorage holders to retain their moorage in 2001 to receive a 30% credit toward the 2002 season.She added the memo also had an extension until April 27 for the boaters to receive a full refund.

 

Dwyer asked if there was a new harbor master and how secure the boats would be.

 

Fay noted under the current proposal, there would be an on-site resident acting as a harbormaster.He added they can process the new moorage applications.

 

b. HALA Correspondence Request.

 

Dwyer read the HALA letter into the record.

 

Dwyer stated HALAís question is what impact the petitioners had, and why had there been a total disregard by the Fair Board of the petitionerís request. He asked who should be responding to their letter.

 

Van Vactor stated the Fair Board and the Fair Manager should be responsible.

 

Weeldreyer noted they had given the authority to the Fair Board to respond to the petitionerís concerns.She said the reason they sent the letter was because the Fair Board hadnít been responsive and they asked the Board to do more to make sure the Fair Board was being cooperative with their interests.

 

Dwyer recalled there were questions asked about the Fair Boardís application process as it related to grants and a timing issue that was associated with applying for grants that might fix the problem related to the interceptor.He said the Fair Board should respond to the petitions in a manner that is appropriate, with the Board sent copies.

 

Sorenson suggested that the Board ask Mike Gleason to provide copies of the applications requested by HALA.With regard to the petitions, Sorenson said the Board had received them, and either Dwyer or Van Vactor should send a letter indicating they were being reviewed. With regard to the issue of the title change, Sorenson said it was a topic that should be discussed with the Fair Board.He said it had history and the Fair Board had been developing the Lane Events Sports Center.He added the Board of Commissioners should be consulting with the Fair Board if there had been a policy change without the Board of Commissioners.

 

With regard to the name change, Weeldreyer noted that there was a policy choice that was made in partnership with the Board to market it as the Lane Events and Sports Center as well as home of the Lane County Fair.She said the Board of Commissioners individually had indicated they were interested in the use of the fairgrounds on a year-round basis, but no formal action had taken place.She noted that Gleason had indicated that if they did have animals on a year round basis it might jeopardize grant funding.She wanted all the facts before the Board took action.

 

Dwyer wanted Gleason to talk to the Board in response to this issue.He said he had no problem directing Gleason to share the actual applications with HALA so they would have a record.

 

Sorenson stated his follow-up meeting with the Fair Board on the name issue could be with the issue of large animal use at the Lane County Fairgrounds on a year-round basis.He said they could put that together with the Fair Board to see if they were committed to that and if that is one of their goals.He said that Mr. Hamlin mentioned to him that the city government and their engineers might be able to have a tie-in to their sewer system that would allow them to use the funds for the bond proceeds to be invested to help clean up the creek and for year-round usage of animals at the fair.

 

Dwyer said this needed to be part of the work plan that had to be put on the agenda with the Fair Board so those items could be discussed specifically.

 

Sorenson said the naming of the facility and the issue of the progress and engineering of having year round animal use needed to be discussed.

 

Van Vactor recalled the plan the fairground was using was for a seasonal operation.He said they wanted to construct the interceptor before this yearís fair.He said if the Board wanted to have a discussion about the fairgrounds going year round, it might involve a different project that might be time sensitive.

 

Sorenson recommended having the Fair Board report on what they had been doing.

 

Weeldreyer asked if there was another option of utilizing an existing resource that Eugene had for wastewater that could address it in a less expensive way.†† She asked Green and representatives of HALA and Mike Gleason and the President of the Fair Board to have a meeting before the next Board of Commissioners meeting, exploring a lower cost alternative.

 

Green agreed on meeting with Mike Gleason and the Fair Board.He cautioned the Board about requesting the Fair Board.He thought they had already had a full discussion on this matter, and that is why they came to the conclusion of animals for a season, versus year-round.He added the financing of whatever they discuss would come back to the Board.

 

Van Vactor recalled besides the one time reserve money, the Fair Board would also be getting the sweep.He suggested they could discuss the priority of the other funding, having the fairgrounds open year round.

 

Dwyer said there were options that werenít considered from a city, engineering and interceptor connection point of view.He added the City of Eugene had saidthere were capacity issues because of the pipe size.He said the city (from their point of view) didnít have an objection to that.He wanted to meet with them to put this out on the table.

 

Green said he hadnít heardpublicly that the City didnít have any objections.

 

Denis Morgan, Vice President, HALA, stated they had a discussion with the City with regard to connecting to the system that might not involve the infiltration problem.He added they were meeting with the engineering staff this week to look at the other points of connection to the sewer system.He noted the City was presented with a plan on how to connect from the fairgrounds to their sewer system.He said they went through a review and it wouldnít work.He said they asked the City to come back (and they agreed) to let them know if they could connect with the system elsewhere to get to the wastewater treatment plant.He said the City had agreed to look at the other connection points.

 

Green commented that if there were any costs associated with this that the City wouldnít be willing to bear the costs.

 

Fred Hamlin, 29773 Gimple Hill, Eugene, stated he met with Mayor Torrey and it was clear the City of Eugene wouldnít make any recommendations one way or another.He said they had confirmed in their file from the City of Eugene for the sewage treatment facility that they could accommodate the materials.He said the problem was the transportation of the line in between and there was a new line that was constructed.He stated they arranged for a meeting with the Public Works Department to analyze all of the different alternatives on not using the existing system.

 

Green asked for a copy of the letter confirming that.He said they had a full engineering report on what could happen.He added there was a subcommittee appointed by the fair board on what could happen and now he is being asked to convene another group.He said they all have to agree on what is going to happen.

 

Hamlin explained if they receive an answer that they do not like (but it has logic behind it) they would acknowledge it and walk away.He said the reason they are pressing on the grants is to reduce the expenditures going forward instead of unilaterally utilizing the Countyís money.He wanted to give the County options to explore.He said the letter from URS didnít show where the fairgrounds applied for grants or low cost loans.

 

Sorenson stated that in the copy of the letter that Gleason gave him is a statement that they could apply for various grants and loans.It was his understanding the HALA group had asked for copies of the applications and the Fair Board was going to provide.That hasnít been done.

 

Hamlin responded they had asked Mike Gleason to provide them to HALA by January 14.

 

Sorenson noted that would be included on the follow-up.

 

Weeldreyer said an unstated concern is that HALA had learned the Fair Board was given a proposal by the fairgrounds staff to put a concrete floor in the livestock arena. She said they were looking to create another sports-type facility because they are not able to use the investment in the livestock arena on a year round basis.She said this was another example to HALA on how the Fair Board was moving further away from utilizing the livestock facility on a year round basis.

 

Dwyer said the meeting with Green would be a way to get everything out with an opportunity to see the engineering report and for HALA to receive copies of the actual grant applications.He added the president of the Fair Board and the Fair Board Director should be included.

 

Van Vactor added he and Jeff Towery would also attend.

 

Weeldreyer said she also had an interest in the meeting.

 

Hamlin was interested in knowing what grants (having animals on the fairgrounds year round) would preclude the fairgrounds from receiving funds.

 

9. EMERGENCY BUSINESS

None.

 

There being no further business, Commissioner Dwyer adjourned the meeting at 3:50 p.m.

 

Melissa Zimmer

Recording Secretary