BOARD OF COMMISSIONERS'

REGULAR MEETING

February 5, 2002

following MWSD Meeting

Commissionersí Conference Room

APPROVED 3/19/03

 

Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

 

The discussion of the Arlie & Company offer will be discussed under Commissionerís Business.

 

2. PUBLIC COMMENTS

 

Jim Weaver, 33893 Seavey Loop, Eugene, discussed John Musumeci. He said Musumeci is attempting to upset land use regulations to enrich himself at the expense of the citizens. He also feared Triad. He thought they should be investigated, including the hospital dealings in Douglas County. He asked the Board to consider creating a hospital district that would buy the existing Sacred Heart facilities in Eugene and make them a municipal hospital owned by the citizens of Lane County.

 

William Fleenor, 09359 Highway 126, Mapleton, recently submitted a proposal to add an ordinance to Lane Code that would require the mandatory reporting of any actual or potential conflicts of interest by a Lane County Commissioner with respect to campaign contributions. He proposed this ordinance because of a proposal from a local land developer to swap 100 acres of forest land outside the urban growth boundary for the 56- acre County owned fairground complex. He said the fairground is estimated to be worth in excess of $30 to $50 million and the 100 acres of forest land to be swapped is estimated to be worth $270,000. He said for Morrison to consider this land swap suggests there might be more to this. He said Morrison collected $5,000 in campaign contributions from this land developer. He didnít think the Board should approve this matter.

 

Scott Bartlett, 1445 E. 21st, Eugene, was concerned about the loss of Sacred Heart and is disturbed about the way this was put through the community. He asked the Board not to approve Musumeciís offer for the fairgrounds. He hoped the Board would step into the process for the hospital so that the decisions are made for all citizens of Lane County.

 

Jan Wilson, 1260 President St., Eugene, stated that Morrisonís comments about keeping all options open and examining them all were the fair comments to make. She said Musumeciís proposal is a bad one but thought there would be more and keeping options open was a good idea. She hoped the Board would approve sending the letter to Sid Leiken on the hospital.

 

Tom Bowerman, 33707 McKenzie View, supported the Boardís draft letter to Sid Leiken. He said he had been involved in all planning processes for the piece of property that references the Peace Health move to the Gateway area. He noted the impacts of Peace Health moving to the area go beyond the boundaries of Springfield. He said they are looking at issues that have costs to health care, transportation. He added the letter left options open and registers legitimate concerns. He said overall the letter was positive and recommended the Board moving forward with this.

 

3. COMMISSIONERS' REMONSTRANCE

 

Sorenson commented the community is facing a difficult problem in providing hospital services. He said it involves the public and the government. He thought it was important for the Board to take an active role in hospital siting and governance. He said the community has a bigger role in hospitals and health care. He urged the Board to stay active on this issue to represent the citizens of Lane County.

 

4. EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

5. COMMISSIONERS' BUSINESS

 

a. DISCUSSION/Amendments to Lane Code 9.120 et seq. "Restriction on Use of Solid Fuel Space Heating Devices.

 

Brian Jennison, Director of LRAPA, asked the Board to review the 1991 restriction on the use of solid fuel space heating devices. He noted this was already in place and they were asking the Board to consider some amendments that the cities of Eugene and Springfield had already adopted. He asked to amend the ordinance for the area of the urban growth boundary. He added this ordinance did not apply to the rural areas of the County where they hadnít been able to demonstrate air pollution problems as a result of wintertime space heating.

 

Jennison explained in the past the area had an air pollution problem from a variety of reasons. He added there are federal health-based standards that communities must meet nationwide in order to protect the public health of the citizens. He reported the community had not exceeded any of the federal health based standards in some years. He noted they still have wintertime smoke related problems due to woodstoves and they have citizen nuisance complaint situations. He thought the ordinance had been helpful. He noted they never had to call any red advisories in the City of Eugene. He said they adopted the ordinance to satisfy federal requirements, working toward meeting the reduction of particulates. He asked the Board to amend this now because the particulate standards are evolving.

 

Sorenson asked what the process was for Lane County government to set up a public hearing to make the amendment to Lane Code.

 

Vorhes responded if the Board was interested in pursuing this, they could direct staff to prepare an ordinance with the changes to come before the Board with a first and second reading.

 

MOTION: to move to direct staff to come back with a First Reading and Setting a Public Hearing.

 

Dwyer MOVED, Lininger SECONDED.

 

Morrison asked if there were fines that would be assessed and if it would go to LRAPA.

 

Jennison responded the enforcement of the ordinance that exists today, had been delegated to LRAPA. He added if there were any fines, that money would be returned to the County. He said they didnít view this as fining people in their homes but as an educational tool to help deal with complaint situations.

 

Green requested information from the public hearings from the cities of Eugene and Springfield and the minutes associated with the changes to the ordinances they made. He asked if there was anything that precluded them from seeking any other methods of enforcement.

 

Vorhes stated there is a penalty provision that provides another mechanism for enforcement which the County could choose to process. He recommended the Board work with LRAPA on that.

 

Jennison commented the City of Oakridge was looking at adopting an ordinance similar to this and they are going to retain enforcement and compliance within their jurisdiction.

 

Sorenson requested when Lane Countyís legal counsel gets the memo into the agenda process, to have the minutes in the agenda packet so when they consider the ordinance for a first reading, they have the minutes of the council meetings.

 

Jennison stated he would do that.

 

VOTE: 5-0.

 

b. REPORT BACK/Stand for Children - Child Care Program Lane County Board of Commissioners Funded Last Year.

 

Joy Marshall, Stand for Children, stated it is a grassroots citizen group and they bring together people throughout the county about childrenís issues. She said with the money the County gave, they used to get matching federal health childcare dollars. She added $150,000 came to Lane County to expand on the project. She said it inspired people who had been working on the issue from other counties to start the same childcare projects. She noted Marion and Benton Counties were able to write childcare proposals and get federal childcare funds because it was effective in Lane County. She said it improves the training and wages and the professionalism of child care providers. She added that Multnomah and Jackson counties are looking to do similar projects. She noted that Stand for Children is working with the state to make an umbrella program. She added it is a pilot project and it would not be able to help all the teachers who need it. She explained they were seeking funding from local and federal governments and private sources to keep the program going for another few years.

 

Green commented that during the budget session, they as a Board of the Budget Committee deliberate to determine what level of funding to allocate. He said they use the term "one time allocation" loosely. He hoped the Board would give direction to the Policy and Procedures Committee to frame a policy about what that exactly means. He wanted it to mean one time during the budget period or one time for a one-year period. He requested the Board give direction to Policy and Procedures so there is a working policy.

 

Dwyer concurred with Green on the one-time allocation.

 

c. REPORT BACK/Draft Letter: Proposed Metro Plan Diagram--PeaceHealth.

 

Sorenson explained this was set up at the Boardís request after the December work session. He noted a meeting was set with the Health and Human Services and Public Works Departments, the Land Use Planning Director and Legal Counsel and they produced a letter that was distributed. (Copy in file.) He added with the announcement of McKenzie Willamette and Triad, there was a revision to the letter.

 

Van Vactor said they had a meeting and assignments were made. He said that information was submitted back to them with recommended issues to address. He didnít think they should discuss the demise of McKenzie Willamette since they have a plan and strategy. He said the letter is drafted for the chairís signature.

 

Lininger favored the February 6 draft. He commented that with Triad coming in, Springfield should have a stake in the interjurisdictional discussion. He added that all three jurisdictions should be involved in the siting of a hospital with issues for transportation and the cost of health care. He thought a hospital commission should be formed with what is proposed. He added that Lane County should offer input.

 

Dwyer commented that through an appropriate process they should think about change within the urban growth boundary and if services are readily available. He thought if they couldnít be connected to sewers it was not a viable alternative.

 

Sorenson suggested strengthening the language of the letter with copies sent to the mayor and city council of Eugene making the suggestion to form a multi-jurisdictional committee. He wanted to see this included in the motion.

 

Green didnít agree with the formation of a commission. He commented it was Springfieldís call and they should weigh in. He didnít think it was appropriate for Lane County to get involved. He noted an application was made in Springfield and issues around the Metro Plan. His concern was around transportation and how people would get to the hospital. He said he would vote no on the motion.

 

Morrison commented that a multi-jurisdictional committee is a mockery. She was also concerned about the transportation issues. She didnít support the letter in its current draft.

Dwyer stated this wasnít a mockery. He said they needed to have a broad discussion about regional facilities.

 

Dwyer explained it was vital that the Board send this letter to the Cities of Springfield and Eugene. He commented that health care is a right and a function of government and the private sector working together to make sure health care is provided.

 

Lininger commented that people in East Lane County would add onto their driving time for accessibility to hospitals. He wanted to see Peace Health at the River Bend. His constituents think their voices should be heard. His intent is to support the letter but Lane County doesnít have the right to deny Springfield their sovereignty. He said Lane County couldnít insist that Springfield do something different. He commented the proponents of both hospitals would at some point need assistance from the County on transportation. He wanted to get involved with this discussion at the earliest possible point. He wanted to make the decision proactive.

 

MOTION: to move to adopt the February 6, 2003 draft letter, changing the last paragraph to: "If you and the applicant would prefer to go through a less controversial more methodical and inclusive process where we would search together for the best location for new hospital facilities in our community within the urban growth boundary and the capability of being zoned appropriately, Lane County stands ready to work with you and to share the significant responsibility."

 

He added the other change is to send a copy the mayor and city council of Eugene.

 

Lininger MOVED, Dwyer SECONDED.

 

Morrison would not support the motion because she didnít think this would make things less controversial, more methodical or inclusive.

 

Green wanted to delete the first part of the paragraph "If you and the applicant would prefer to go through a less controversial method." He said it implies they didnít follow the rules as it pertained to the application. He said they shouldnít imply they didnít follow the rules as set by law.

 

Lininger accepted that as an amendment and deleted the language in the paragraph from "prefer to."Green wanted it to state that they would search together and "Lane County stands ready to work with you."Sorenson suggested the sentence "We want to search together" for the best solution for a new hospital facility in our community within the urban growth boundary capable of being zoned appropriately and Lane County stands ready to work with you."Green added the letter needed to go to Peace Health and McKenzie Willamette/Triad.

 

Sorenson reiterated the changes to the motion: the letter would be dated February 5, 2003; the second change is on the last page, last paragraph that would read: "We want to search together for the best solution for new hospital facilities in our community within the urban growth boundary and on land capable of being zoned appropriately and Lane County stands ready to work with you and to share this significant responsibility." He noted three other changes on the last page: to provide a copy to the mayor and Eugene City Council, to send a copy to Peace Health and McKenzie Willamette/Triad.

 

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

 

d. Land Offer from Arlie & Company

 

Sorenson recalled the Board of Commissioners received an offer last week from Arlie & Company. He said the Board reviewed their written offer and following their initial review, there was a press announcement from the people making the offer.

 

Van Vactor distributed the letter from Arlie and Company. (Copy in file.) He said after he received the offer, he and Suchart had reservations about the proposal.

 

Sorenson asked if Van Vactor had a recommendation.

 

Van Vactor stated his recommendation would be a straightforward rejection of the offer.

 

MOTION: to move to thank Arlie and Company for their offer and reject it.

 

Dwyer MOVED.

 

Sorenson asked for that to be amended that the County Administrator send a letter reflecting the Boardís decision.

Green SECONDED.

 

Dwyer stated he made the motion because the offer was disingenuous. He said Lane County has $75 million worth of land at the fairgrounds. He noted that Arlie & Company wanted to move the fairgrounds outside of the urban growth boundary, and amend the Metro Plan. He thought there were better sites than the one at Goshen. He thought the letter violated equal and fair treatment for all of the citizens of Lane County. He commented the Metro Plan amendment is expensive where there is a process to amend. He added expanding the urban growth boundary is another land use decision that is difficult to amend. He subscribed to a doctrine he created, the doctrine of reasonable expectations. He explained that people who make investments in real estate in a home or farm and forest should be able to do what they were reasonably expected to do at the time they made the purchase that was reflected both in the purchase price and in the zoning. He noted they require that everyone else go through a process for zone change and he didnít want to invite these types of proposals. He said they wanted legitimate land changes that go through a legitimate process that has public scrutiny and review for the planning commission and other public bodies.

 

Lininger commented there are two reasons why they should consider rejecting the proposal. He noted that the trade is $270,000 worth of land to be swapped for the fairground site worth $21 million. He was concerned that the proposed location of the fairgrounds wouldnít permit the use of the fairgrounds site as they use it currently.

 

Green agreed the offer should be in the publicís interest and above board. He said this offer should have come to the Board in a way they could really deal with it. He asked what was in it for Lane County. He didnít see anything in the offer for the publicís interest.

 

Sorenson thought the Board was on the right track by rejecting this proposal. He commented the proposal represents a significant threat to the urban growth boundary. He added that tying a real estate transaction to a zoning decision outside of the urban growth boundary and to locate a major facility outside of the urban growth boundary would represent a threat to the livability of the Eugene Springfield area. He added the offer is a significant risk to Lane County taxpayers. He noted the proposed exchange of 100 acres of unimproved rural land outside the urban growth boundary in favor of a 55-acre convention center and fairgrounds located in the heart of the urban growth boundary area is not a fair proposal.

 

Morrison agreed this proposal was not acceptable in its current form. She was hopeful that they could be more open regarding how they are going to deal with their own issues and partner within different entities within the community to solve some of the issues. She commented the public health building is an issue for them. She added they have no idea what is going to happen with the old McKenzie Willamette site. She said they should be open to anything that comes forward regarding possibilities on partnering of different pieces of property. She agreed that value-to-value, this offer was not fair. She commented this was not acceptable because it does not keep Lane County whole. She wanted a win-win situation for everyone. She thought they should be open about what they look at when proposals come to them.

 

Green commented that this proposal didnít meet the standards. He said in an effort to give direction to Van Vactor, he asked if they were going to explicitly state that this proposal is unacceptable and all future proposals of Arlie and Company were not to be considered. He asked if they were rejecting the proposal or tying the proposal to the person who actually made it. He noted there needed to be clear delineation.

 

Dwyer noted Lane County has a process and if someone wants to do something they need to go through the land use process. He added there are fees associated with this as well as staff time.

 

Green agreed that an offer should come in as a process established by law.

 

Lininger commented he had no prejudice against Musumeci, but this offer was a bad deal. He added if Musumeci had another offer, he would listen to it.

 

VOTE: 5-0.

 

e. DISCUSSION/Board Issues from Rapid Process Improvement (RPI) Agenda Process.

 

Green noted these items for discussion came out of a process group who thought the Board should give direction for contracts. He said they could make it a work session about some of the procedures they could do administratively versus making fixes. He noted the elements were around staff time and waiting for their agenda items to come up during meetings. He added they also discussed Commissionersí Correspondence and the possibility that it might require additional staff time.

 

Dwyer commented the criteria was clear when they could use Correspondence to the Board. He said it was not a first effort attempt but it should come to the Board when all other avenues were exhausted. He said in the year he was chair, there were four letters and the implications they generated were not well founded.

 

Green said the rules were set out and at agenda setting, it needs to be discussed to make sure they are following the procedure. He said they want to give citizens direct access to the system if they had been given the run around. He added they had to tighten the land use and personnel matters, as they are not appropriate to be brought under Commissionersí Correspondence.

 

Green thought these issues should go to Policies and Procedures to review.

 

MOTION: to move this to Policies and Procedures to review the recommendations around Commissionersí Correspondence and to develop a policy for future boards so they will have an understanding about when it is properly used.

 

Dwyer MOVED, Green SECONDED.

 

Sorenson commented it was good to have a rapid process improvement to have efficiencies that would be to the benefit of the taxpayers on improving the guidelines for handling correspondence to the Board. He said they should incorporate the change in Lane Manual. He thought the correspondence should be sent to a designated person as that would improve the process. He added the Policies and Procedures Committee would be wise to write the guidelines so contested land use matters could be weeded out along with personnel matters and other items that are not appropriate.

 

Sorenson said if the Developmental Disabilities contracts needed a legislative fix, it should be pursued. He said if they could get amendments done in a more blanket fashion then getting items on the Consent Calendar would be processed faster. He thought they should have board meetings over a longer period of time to give more opportunities to have time certain for staff. He wanted to push the process so they meet more on Wednesdays. He suggested continuing that practice and having Policies and Procedures recommend more time certains.

 

VOTE: 5-0.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor reported that Sorenson sent out a memo regarding the meeting they had with the mayors and city managers about transportation funding and other issues. He said they would work out a joint meeting and agenda. He will have more information after Friday.

Sorenson noted they agreed to work on a joint process by which Van Vactor would develop a format for a report that would be generated by the Public Works directors to involve a rural community. He added they chose Cottage Grove and they will be reporting back and moving it, allowing a meeting that meets the needs of the cities and the County.

 

7. PUBLIC WORKS

 

a. ORDER 03-2-5-1/In the Matter of Approving Changes to the Metropolitan Policy Committee (MPC) Bylaws Related to Assuming Responsibility for Federal Transportation Decision-making for the Metropolitan Planning Organization (MPO). (NBA & PM 12/18/02)

 

Tom Stinchfield, Public Works, explained the Board had a work session in December and at that time they discussed the changes at MPC over the past several months to the bylaws to make the Metropolitan Policy Committee boundaries as a Transportation Management Agency. He noted the City of Coburg would become a voting member to the MPC and the MPC would delegate authority from LCOG to do all of the items required for MPO federal planning. He stated that MPC would be considering this action next Thursday at their regular meeting.

 

Sorenson asked if the Board was required to approve this.

 

Stinchfield responded the requirement is by the federal government to come up with an MPO and this was the recommended way of doing it. He noted there was consensus to move forward with this.

 

Dwyer commented they have something in place as a dispute resolution group and it seemed to be the way to comply with the federal requirements with the least amount of effort.

 

MOTION: to approve Option 1 of ORDER 03-2-5-1.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

8. CONSENT CALENDAR

A. Approval of Minutes:

August 13, 2002, Work Session, 9:00 a.m.

October 29, 2002, Work Session, 2:00 p.m.

December 17, 2002, Work Session, 9:00 a.m.

January 14, 2003, Work Session, 9:00 a.m.

January 15, 2003, Regular Meeting, 9:00 a.m.

January 22, 2003, Joint Elected Officials, 6:00 p.m.

 

B. County Administration

 

1) ORDER 03-2-5-2/In the Matter of Appointing Additional Justices Pro Tempore for the Central Lane Justice Court for a Period of Approximately Eight (8) Months.

 

C. Public Works

 

1) ORDER 03-2-5-3/In the Matter of Vacating a Portion of Christensen Road (County Road Number 759) Located Approximately 0.5 Miles South of its Intersection with Fox Hollow Road, in Section 29, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, Without a Public Hearing, and Adopting Findings of Fact (18-03-29).

 

2) ORDER 03-2-5-4/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Christensen Road (County Road No. 759) (18-03-29).

 

3) FINAL ORDER 03-2-5-5/In the Matter of the Alteration of a Portion of the Lorane Highway (County Roads Number 444 and 2252) from Bailey Hill Road, Easterly, to McBeth Road, Being Located Within Sections 21 and 22, Township 18 South, Range 4 West of the Willamette Meridian.

 

4) ORDER 03-2-5-6/In the Matter of Awarding Requirements Contracts for Professional Services in Fish Culvert Engineering Consultation to OTAK in the NTE Amount of $80,000 and Vigil-Agrimis, Inc. in the NTE Amount of $70,000.

 

D. Workforce Partnership

 

1) ORDER 03-2-5-7/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.

 

MOTION: to approve the Consent Calendar.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

9. COMMISSIONERS' ANNOUNCEMENTS

 

Green announced there would be a silent auction fundraiser called Art from the Heart from the Head Start program. He received an e-mail about the phone directory and how the County could save money. He gave the e-mail to Sorenson.

 

Morrison noted that Charles Dallas came in to see her and wanted the Board to know how happy he was that they named the conference room after Bob Straub. She thanked Dwyer and Green for attending the AOC District 5 meeting. She noted their next meeting is March 17.

 

Dwyer announced that next Wednesday the Board will be at Food for Lane County unloading beans and rice from Safeway to Food for Lane County. He thanked Safeway for matching their donation. He attended the Chamber of Commerce dinner. He noted it was the largest turnout they ever had with 645 people attending the event at the Hilton.

 

Sorenson announced on February 2 from 6:00 p.m. to 7:00 p.m., the four local television stations simultaneously aired a commercial free town hall on substance abuse prevention. He reported that there would be a United Front trip to Washington, D.C. from March 2 to March 6. He noted the items on the Lane County list include the Armed Forces Reserve Center.

 

10. CORRESPONDENCE TO THE BOARD

 

None.

 

11. EMERGENCY BUSINESS

None.

 

There being no further business, Commissioner Sorenson adjourned the meeting at 2:30 p.m.

 

Melissa Zimmer

Recording Secretary