BOARD OF COMMISSIONERS'
March 19, 2003
Commissioners' Conference Room
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
There will be an Emergency Business item on the Legislative Report and Item 6.c. will be a report back on the Land Watch letter from Stephen Vorhes.
2. PUBLIC COMMENTS
Paul Biondi, 615 38th Place, Florence, thanked the Board for their help and input on Blues for Hues for March 28 at the Hilton Hotel.
Linda Fleshly, 34977 Meadow Lane, Creswell, asked that the hearing that is scheduled for the rezoning of the Bradford quarry be rescheduled at a later date and in the evening. She didn’t think this project would come before the Board. She sought a land use attorney and he needed time to review the documents. She asked for a 30-day extension. She said a lot of her neighbors would want to come to an evening meeting.
3. COMMISSIONERS' REMONSTRANCE
Dwyer commented that it was a critical time in the County’s history.
4. EXECUTIVE SESSION as per ORS 192.660
5. COUNTY ADMINISTRATION
Van Vactor reported that next week is Spring Break and he would be out of town until Wednesday. He noted that David Suchart and David Garnick would be acting as County Administrator.
6. PUBLIC WORKS
a. FIFTH READING AND DELIBERATION/Ordinance No. PA 1180/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram to Apply the ND-Nodal Development Designation to Property Within the Chase Gardens Nodal Development Area; Amending The Text of Section 13 of the Willakenzie Area Plan to Replace Pages 71-74; Amending the Willakenzie Area Plan Land Use Map; and Adopting a Severability Clause. (NBA & PM 8/28/02, 9/18/02, 12/4/02 & 1/15/03)
Kurt Yeiter, City of Eugene, recalled the Board had a joint public hearing last September. He said that the Eugene City Council approved the three ordinances in November. He added that the Board of Commissioners had deferred action because an appeal had been filed by one of the property owners. He stated the appeal had been dismissed at the appellant’s request and the other ordinances the City Council had voted on unilaterally are now in effect. He requested that the Board approve this ordinance that will amend the Metro Plan diagram and the Willakenzie Area Plan text and diagram, to set the framework for nodal development.
MOTION: to move to adopt Ordinance No. PA 1180.
Dwyer MOVED, Morrison SECONDED.
Lininger stated he would support this but he had concerns about the 50,000 square feet for a grocery store. He thought it was inconsistent with his idea of what nodal development should be. He wanted to press for the second story of commercial development.
Sorenson supported this but thought there was more that could be done.
Green supported the motion.
ROLL CALL VOTE: 5-0.
b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1188/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise the “Significant Mineral and Aggregate Resources Inventory”, Redesignate From “Forest” to “Natural Resource: Mineral”, Rezone From “F-1/Non-Impacted Forest Lands” to “QM/Quarry And Mine Operations” and Allow Mining For 40 Acres of Land Pursuant to Lane Code 16.400 And 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File PA 99-5144; B. J. Equipment Company). (Second Reading & Public Hearing: April 16, 2003, 1:30 p.m., BCC Conference Room)
Thom Lanfear, Land Management, explained this item is a plan amendment under the Goal 5 Rule provision to establish a quarry outside of Creswell in the Bear Creek Road neighborhood. He said it had gone through the Planning Commission and the purpose of the reading is to set the Public Hearing date to take testimony from citizens. He recalled there was a request under Public Comment to delay the date of the hearing. He said it was originally scheduled for April 16. He noted the hearing was set for the Commissioners' Conference Room and he didn’t think it would be large enough.
Van Vactor suggested moving the meeting into Harris Hall.
Dwyer suggested moving the meeting to April 30, 2003.
Lininger supported an evening meeting.
Green supported an evening meeting with a time certain.
Sorenson suggested setting the hearing at 1:30 p.m. and from 6:00 p.m. to 8:00 p.m.
Green was concerned that in splitting up the Public Hearing, they could create a procedural error by allowing different testimony.
Steve Vorhes, Assistant County Counsel, responded that from a legal standpoint, as long as they give notice and make everyone aware of the period of time that the hearing is taking place, legally the Board would be okay segregating the parts of the hearing and providing for an additional period of time (if necessary) to continue the hearing.
MOTION: to move a First Reading and Setting a Second Reading and Public Hearing on April 30, 2003, from 1:30 p.m. to 4:00 p.m. and from 6:00 p.m. until 8:00 p.m. on Ordinance PA 1188 in Harris Hall.
Dwyer MOVED, Green SECONDED.
Lininger was in favor of the schedule. He wasn’t opposed to the gravel pit but he asked if the crusher at the Creswell Quarry would be no bigger than the one at Saginaw. He noted the noise goes down to 2,100 feet and the houses are at 2,300 feet. He added the assessment of noise was only from rock crushing operations and not from drilling. He asked why they omitted the drilling study.
Lanfear stated he would pass these questions onto the applicant and have the applicant address them in their presentation.
Lininger also had a concern about Highway 58 and how school buses use the same roads. He asked if they factored in the higher level of use would it be sufficiently safe. He asked if in the proposed order the Board would find that it would not affect wetlands. He noted there was a proposed finding stating there was no wetlands within the 40-acre site nor any offsite wetlands that would be affected.
Lanfear responded the actual mining site is about a mile away from the access onto Cedar Croft Road. He noted that the Goal 5 Rule focuses on the mining site and in the findings it stated there were no wetlands near the actual mining. He added there is an existing driveway access that goes to Cedar Croft Road that goes across the land. He placed it in the report in case there was some requirement for road widening and they would know to flag the issue. He commented that one of the issues before the Board is what could be reviewed under the Goal 5 Rule with the definition of mining and what it includes.
Lininger was also concerned about blasting. He noted blasting done at the existing quarry rattles neighbors’ windows. He wanted to know if blasting would be done at the site.
c. Report Back on the Status of Request to the Land Watch Open Records Request
Assistant County Counsel Stephen Vorhes said the character of the request changed. He watched the video presentation and that was the first he had heard of a public records request. He stated all of the previous understandings were that Land Watch was interested in notice under a subscription service, similar to what Linn County does. He noted that was working its way toward the Board as part of a fee package from Land Management to set that up for any organization who wants to get initial notice of application, so that they would be able to subscribe to a service where they would be added to a list and notice would be sent for a fee that would be set by the Board. He noted it was not something that was set up in the current code with the current fee structure and they are not charged to do that. He added they could (under a public records request) go through every file that is pending and pull a copy of each notice that was sent and give it to Land Watch.
Vorhes commented on the issue of their request for notice of proposed planning applications and actions, the letter indicated that the subscription was a part of the fee package. He noted there had been an effort to work with Land Watch to see if there was a way to let them know about the cases that have been filed. He said there had been a willingness to share and make the record available to Land Watch under whatever circumstances they chose. He said they had been trying to respond to the request within the boundaries of what the Board’s policy has been in terms of providing notice in the land use arena and providing notice to groups or individuals who request notice of everything that happens.
Vorhes noted to the extent that this is a request for providing something that happens in the future, their response legally could be that the record doesn’t exist and there is nothing to give them. He said hopefully they could work with Land Watch while the fee proposal is working its way to the Board. He added once the subscription service is in place, it is a simple matter of adding to each notice.
Green said they need to have a true cost for the service that would include indirect.
Vorhes responded they have a limited window of that type of notice in their fee packages for a limited number of non-farm dwelling applications. To date, he said no one had signed up for them.
Dwyer said all the applications are public record. He didn’t think it was hard to list the applications.
Lininger agreed that the costs should be passed along. He thought that would limit future requests. He said that providing notice is a necessary first step.
Vorhes commented that for the short term, Kent Howe indicated that he was looking into providing a listing of the applications that had been received on a periodic basis. Howe proposed for the long term a subscription fee for the Board to adopt.
Sorenson asked why they couldn’t publish this information on a web page and notify people via e-mail if they request to be notified. He said there would be information without creating duplication of efforts to search files.
Vorhes replied that will be a policy choice for the Board. He said that is an issue the Land Management Task Force had discussed and the Board will receive a report about e-government and how Lane County does records on the electronic medium available to some people. He wanted to have a discussion with Emmons, as there was an offer to do something similar in the letter that went back to Land Watch. He said there was a willingness on the part of Land Management to let people look at files they want to look at. He said they should get back to Land Watch to see if they are making a public records request and if they want to go through the files and give copies of notice.
Morrison said if they want to pay the cost that was fine. She added placing things on the Internet also takes staff time and money. She wasn’t opposed to having things accessible to people but they have to look at where Land Management is in regard to finances.
Sorenson commented it was not enough to comply minimally with the open records act, it is a matter of trust to the people of all sides. He said they need to be moving as aggressively and economically as they can to provide this information on the web so the application of information is given as broadly and widely as can be done. He noted if they don’t have a more substantive response from County government to those requests, they can expect more and more invocation of their minimal legal rights under the open records law. He said the information needs to be acquired in a form that is useful in the performance of Land Management duties as well as being available to the public.
Dwyer said there is a cost associated with electronic transmissions so they need to make that part of the Land Management budget packet to see what the true costs are and whether or not it is worth doing.
Green did not support the implication that their staff is doing something wrong, devious or covert.
Van Vactor stated that Vorhes would meet with Emmons to further get clarification on his request and the fee package will come forward in April.
7. CONSENT CALENDAR
A. Approval of Minutes:
October 30, 2002, Regular Meeting, 9:00 a.m.
October 30, 2002, Regular Meeting, 1:30 p.m.
December 18, 2002, Work Session, 1:30 p.m.
February 5, 2003, Regular Meeting, Following MWSD
February 19, 2003, Regular Meeting, 9:00 a.m.
B. Health and Human Services
1) ORDER 03-3-19-1/In the Matter of Ratifying the County Administrator's Decision to Sign a Grant Application to the U.S. Department of Justice, Office of Justice Programs, Office on Violence Against Women, for the Safe Havens Program in the Amount of $349,811.
C. Public Works
1) ORDER 03-3-19-2/In the Matter of Accepting the Director's Report for Estimated Assessments for Irvington Drive (County Road Number 540) Between M.P. 0.00 and M.P. 1.47.
2) ORDER 03-3-19-3/In the Matter of Accepting the Director's Report for Estimated Assessments for River Road (County Road Number 200) Between MP 7.747 and MP 7.366.
3) ORDER 03-3-19-4/In the Matter of Amending the Contract with Brown Contracting, Inc. for the Repair of the Central Receiving Station Pit Wall, Increasing the Contract by $25,956 and Extending the Term to March 28, 2003 and Authorizing the County Administrator to Execute the Contract.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Green SECONDED
VOTE: 4-0. (Lininger out of room).
8. MANAGEMENT SERVICES
a. ORDER 03-3-19-5/In the Matter of Creating a Classification and Salary Range for Assistant Veteran Services Coordinator.
Cindy Tofflemoyer, Management Services, reported this is to create an Assistant Veteran’s Services Coordinator position with a salary grade of 23. She added it would be an AFSCME represented position. She noted the Veteran’s office has currently been operating with the County and this classification was for a preference for six months of Veteran's program or government benefit regulations experience. She said since the Veteran’s Office is such a small office (2.5 employees) the experience preference written into the classification would enable the Veterans’ Services Officer to hire an individual who demonstrates knowledge and familiarity with the Veterans’ programs. She added the position would also be able to supervise volunteer staff. She asked the Board to approve the request.
Morrison asked when they go ahead with the new budget that they would be sure they would get the 45% increase from the state.
Steve Manela, Human Service Commission, responded the increase is a one-time increase from the state. He said they had budgeted for 2.5 FTE for the proposed budget. He said when they established the office they stated how they would prioritize positions should they find themselves short financially. He wanted to stabilize the office with a full-time Veterans’ Services Officer and Assistant, both of whom have experience with Veterans’ counseling. He noted they would probably be back with elimination of a Community Service Worker position at a later date.
MOTION: to approve ORDER 03-3-19-5.
Dwyer MOVED, Green SECONDED.
Green asked why there wasn’t a point value for diversity and ethnicity of the population they serve. He thought it would be helpful in the future to add those point values with the job classifications.
VOTE: 4-0 (Morrison out of room).
9. COMMISSIONERS' BUSINESS
a. PRESENTATION/United States Forest Service for a Periodic Alcohol Prohibition on Oregon ATV Riding Areas.
Bill Helphinstine, Acting Forest Supervisor, Siuslaw National Forest, passed out documents. (Copy in file.) He reported they have three areas on the Dunes specifically in Lane County, where there are ATV riders. He noted in the past few years, they had noticed a dramatic increase in the size of the parties, the amount of drinking and the amount of unlawful behavior as a result of that and the injuries from ATV accidents. He said they have signed an order to ban the possession of alcohol in the ATV riding areas, (not in the developed campgrounds,) that will go into effect on May 1, 2003. He stated they started an outreach campaign to the users and are sending out 6,000 postcards to people who have used the Dunes in the past.
Bruce Gainer, Special Agent, Forest Service, asked the Board to discuss a possible ordinance in the County. He said they want to enable the Title III deputies that work there to do enforcement. He said they don’t have anything within their power to enforce their closure order except by using state law. They were asking for support.
Morrison asked if Coos County was also passing an ordinance.
Gainer said that they are in the same part of the process as Lane County.
Dwyer supported Lane County also having an ordinance.
Sorenson wanted to have a compatible County ordinance.
Gary Gosser, Sheriff’s Department, noted his department was currently working on an ordinance.
10. COMMISSIONERS' ANNOUNCEMENTS
Green requested that letters of appreciation be given to the members of the Land Management Task Force.
Morrison reported the legislative dinner they hosted on Monday in Salem went well. She said they had a large turnout.
Sorenson didn’t think the legislative dinner was an opportunity to exchange a lot of information. He thought they could have an event where they could have a presentation. He thought they should work toward that next year.
11. EMERGENCY BUSINESS
Legislative Committee Report
Dwyer reported what was before the Board were unanimous recommendations of the Legislative Committee for the Board’s approval. He noted these were the positions they recommended based on the Legislative Committee. He noted they monitor many of the bills. He said when they oppose a bill, it is at the recommendation of the agency that is affected
Lininger agreed with the position of the Legislative Committee on Bill 2638 that would allow local Justice Courts to keep some of the fees. He agreed with number 2. He approved the use of voice stress analyzer equipment and thought they were good recommendations.
MOTION: to approve the recommendations of the three bills brought by the Legislative Committee.
Morrison MOVED, Green SECONDED.
Update on Federal Funding Request
Tony Bieda, Intergovernmental Relations Manager, stated that Lane County’s delegation by the end of the week has to finalize through their caucuses in Congress, their wish list for appropriations for the next funding cycle. He added in addition to the United Front items that were brought as a County, other things had surfaced. He noted there was a potential for a conflict related to the federally qualified health clinics.
Manela explained two things came up with Senators Wyden and Smith’s office pertaining to the potential to get federal appropriation for capital or computer systems for a federally qualified health center. He said the capital request is a judgment call on the Board’s part. He added it is a priority for the department and part of their package to the United Front for the public health building. He added the question is whether or not they spend capital on this request at this time. He said they want to have a health center in Springfield some day. He noted the concern is they could have two appropriations that are competing.
Manela noted the second item is computer hardware. He said it would be helpful to the overall project. He said some of the expenses would have to be incurred by their initial grant if they don’t get a special appropriation. He said there were areas that Senators Smith and Wyden’s office had been successful in getting funding for other federally qualified health centers in the past. He asked the Board if they should wait until they have a building in place.
Sorenson asked Manela what his recommendation was.
Bieda responded he discussed it with Manela and Smith Dawson, the contract lobbying firm in Washington, D.C. He suggested that a letter come from the Board to Smith, Wyden and DeFazio that states that both public health buildings and the federally qualified health clinic are things this Board has endorsed. He added to the degree that the capital element might be competitive in a given appropriation year and they have to pick and choose which of the two move forward, the preference would be the Public Health Building. He noted that had been part of the United Front and they are already working on getting homeland defense money to do that.
Dwyer commented the letter should state in the event they could secure both of the appropriations, the Board would be grateful.
MOTION: to approve a letter composed by Bieda stating in the event they could secure both federal appropriations that the Board would be grateful.
Dwyer MOVED, Lininger SECONDED.
Sorenson suggested e-mailing the letter to Smith Dawson.
Morrison hoped they didn’t have a problem with this like they did last year with the Planetarium. She said they prioritized that the Public Health Building is what they really need. She commented the less confusion they have, the easier it is to sell what Lane County wants.
Sorenson said this was a good decision and Lane County should be pushing for this. He said they should make it clear that this is a Board decision to advocate for this. He said it is important to recognize that individual commissioners will take actions.
There being no further business, Commissioner Sorenson adjourned the meeting at 11:30 a.m.