BOARD OF COMMISSIONERS
May 21, 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
Green noted there would be an Emergency Business item regarding ACTSO.
2. PUBLIC COMMENTS
Hope Marston, 3110 University Street, Eugene, reported that last week the Lane County Bill of Rights Defense Committee joined 100 residents at the Board meeting. She noted at that time there were 103 local resolutions nationwide, opposing the Patriot Act. She said today there are 109 cities and counties throughout the United States. She stated she has the revised resolution from the Human Rights Committee. She hoped they would put this on the Board’s agenda in June.
Scott Stewart, 4349 N. Shasta Loop, Eugene, hoped the Board of Commissioners would express its will regarding the safety and rights of the people of Lane County. He said although the Sheriff’s position is elected, the Board still has to determine how funds will be spent. He said the Board has a duty to respect differences such as those based on ethnicity, language and race and respecting each individual’s right to privacy. He hoped that none of the funds appropriated to the Sheriff should be spent supporting the federal government in impeding the rights of County residents. He hoped the County would resolve not to approve any County contracts that involve the fiscal support of the UPA Homeland Security.
Kathy Kahn-Hurwit, 1290 Lemery Lane, Eugene, agreed there is little interaction between federal employees and the County regarding the Patriot Act. She said the day is coming soon when the federal government will seek out local law enforcement to aid in their work. She hoped that even if state government abandons their 181 laws, that Lane County through its resolution would have made a strong statement supporting the intent of the laws. She hoped the Board would put this on the agenda in June.
Peter Chabarek, 1188 Beebe Lane, Eugene, supported the resolution against the Patriot Act. He urged the Board to put the resolution on the agenda.
Sorenson asked what would be allowable regarding the Cottage Grove Speedway.
Stephen Vorhes, Assistant County Counsel, recalled this was before the Board last week as a quasi-judicial land use proceeding. He said there is a chance that it could end up back in front of the Board. He said it could cause some procedural problems later in their deliberations. He said Board policy has been not to take testimony on quasi-judicial matters. His recommendation was to not listen to testimony that relates to the quasi-judicial land use proceeding.
Sorenson asked the people who were testifying to confine their remarks to matters outside of the contested land use case.
Arnie Gottlieb, 1728 N. Pacific Highway, Cottage Grove, hoped the Board would take into consideration when the Cottage Grove Speedway is not in compliance.
Martin Kilmer, 1245 E. Adams, Cottage Grove, wanted enforcement of the Cottage Grove Speedway. He commented the City of Cottage Grove needs and deserves protection.
Kristin Okray, 323 S. 22nd, Cottage Grove, said the Leaches should abide by the laws until they are changed by LUBA. She was concerned about the taxpayers being financially liable for any accident that occurs at the speedway. She said Gary Darnielle’s decision should be upheld and the permits should be required. She asked why there are laws if there is no expectation of compliance.
Lauri Segel, 120 W. Broadway, stated she represented Land Watch and 1000 Friends of Oregon. She noted that Lane County mandates the pre-notice of land use decisions being sent to neighboring property owners. They discovered 11 incidents where the planning director waived such notice. She said the purpose of pre-notification is to give the public an opportunity to comment and influence a decision before having to appeal. She said they were upset that no action was taken on a serious riparian violation up the McKenzie River.
John Sundquist, 31139 Lanes Turn Road, Coburg, discussed the issue of herbicides and balancing the County’s policy with the protection of citizen’s health. He noted that Lane County was starting to spray the roads again. He hoped the Board would protect the health of all of its citizens.
Megan Temple, read a letter into the record about last resort language. (Copy in file.)
Jan Nelson, 85354 Doane Road, Crow, stated she is on the Public Health Advisory Committee and she had been studying herbicide use by the County. She thought they could make changes in the policy that would allow public works to do its job with little or no additional cost and provide appropriate oversight that would give the public and the Board more confidence and accountability.
Stephen Edwards, 2884 Spring Blvd., Eugene, stated he was from the Lane County Bill of Rights Defense Committee. He thought the Patriot Act was rushed through Congress without proper debate.
3. COMMISSIONERS' REMONSTRANCE
Lininger commented that Lane County’s land use laws should be enforced without regard of who is the violator or how large or small an operation is. He wanted everyone who goes to the Cottage Grove Speedway to know that Lane County was stricter than any other property owners who were out of compliance.
Dwyer stated he was not doing anything with the gas tax. He was against the transportation utility fee that would appear on a utility bill.
4. EXECUTIVE SESSION as per ORS 192.660
5. COMMISSIONERS' BUSINESS
a. Continued Discussion
RESOLUTION AND ORDER 03-5-14-9/In the Matter of Authorizing the City of Oakridge to Assess Outside City Limits for Street Improvements to Second Street. (NBA & PM 5/14/03)
Betty Mishou, Public Works, recalled this item was originally on the Consent Calendar last week and the Board requested further discussion.
Dwyer asked if the people in the area knew that they were going to be re-assessed and what the costs would be. He wanted to know if they were okay with it.
Kevin Irvin, City of Oakridge, responded that 99% of the people were okay with it. He noted they had already done much of the major sewer reconstruction in front of the properties. He said they would be re-installing the waterline and putting in storm water facilities so they will no longer have flooding in that area. He noted at the end they would put the street materials over the improvements. He said the sewer and waterline is at city cost and the storm water was citywide. He noted the entire project would be $150 per liner foot. He said they were left with a relatively small portion of the cost. He said they had a public meeting and there was only one person who complained and that person wasn’t a property owner.
MOTION: to approve RESOLUTION AND ORDER 03-5-14-5.
Dwyer MOVED, Lininger SECONDED.
6. COMMITTEE REPORTS
7. COUNTY ADMINISTRATION
Van Vactor announced that last night the Lane County Budget Committee completed the budget.
8. PUBLIC WORKS
a. ORDER 03-5-21-1/In the Matter of Authorizing the Temporary Closure of Judkins Road in Association with the ODOT I-5 Willamette River Bridge Replacement Project.
Ollie Snowden, Public Works, noted that ODOT found cracking on both the McKenzie and Willamette River Bridges over I-5. He said that resulted in the re-routing of certain heavy trucks. He said ODOT wants to construct a temporary bridge to get north and southbound traffic off of the current Willamette River bridges and that a temporary bridge would be in place for four to seven years. He said in order to do that; it would require the closing of Judkins Road, a County road. He stated that Lane Manual gives the authorization to the Public Works Director to close County roads on a temporary basis.
Dean Fuller, ODOT, explained they want to build a temporary structure to get the overweight trucks back onto the I-5 corridor to reduce the economic impacts of the detours they currently have in place. He noted the detour would be on the eastside of the existing bridge. He said they were asking for a temporary closure during the duration of the temporary bridge. He added that ODOT was not making any commitment as to how long the temporary structure would be there because they would have to move through the public process in the design of the permanent structure. He noted the temporary bridge could be in place for seven years before they get the permanent bridge design.
Dwyer asked why they couldn’t just build a permanent bridge.
Fuller responded the design process for the permanent bridge would be longer than the temporary bridge. He said they would be able to re-use the bridge at other locations for other bridge replacement. He said the detour bridge would be wider than the existing structure. He said they were cutting corners to keep the cost down and keep the pieces reusable.
Snowden commented that the contractor would either have to build a work bridge or a detour bridge when they were replacing the I-5 bridge to move the traffic around.
Morrison was concerned about the money they were spending for the temporary bridge and for the final design.
Sorenson asked if there was urgency in getting this done. He wanted to see a broader discussion about the Willamette I-5 Bridge and the McKenzie Bridge and the involvement Lane County has in those issues, instead of making a decision that incrementally commits them to a temporary bridge replacement.
Snowden stated that Lane County’s involvement with the McKenzie Bridge is issuing a floodplain and riparian permit.
Dwyer commented this was never a priority bridge. He said they had to go on faith that there really is a problem that needed to be fixed in a timely fashion.
MOTION: to move to approve ORDER 03-5-21-1.
Dwyer MOVED, Morrison SECONDED.
Sorenson was against this issue.
VOTE: 4-1 (Sorenson dissenting.)
b. ORAL REPORT BACK/IVM Program – Last Resort Herbicide Policy (NBA & PM 2/26/03).
Rob Rockstroh, Health and Human Services, stated it was difficult for the committee to figure out what the assignment was. He said the committee understood they were to look at the health implications. He said the Health Advisory Committee adopted the policy at the last meeting. He read the policy into the record. He said the committees were working differently. He said the time frame was not realistic for them to put this together. He said they reviewed policies from Washington State where some had no spray and some had less spray. He stated his committee was reviewing Thurston County’s policy and what in Thurston County could be adapted to Lane County. He thought there might be conflicts with the policy of last resort spraying.
Ollie Snowden, Public Works, reported that VMAC met a week ago and came up with a broad definition of last resort. He said that Sonny Chickering crafted the material that was distributed and they sent it out for VMAC review and people finished commenting on it yesterday. He said they have an introductory letter about the discussion the committee had. He noted the second page contained the committee’s recommended definition of last resort and how it would be applied.
Chickering thought it was a good process. He stated the two committees elected to handle the assignment differently. He said that the Health Advisory Committee assigned a subcommittee and VMAC elected not to. He added there was communication going back between committees and that was a benefit. He stated that VMAC was concerned about the timeline and the magnitude of the assignment. He added they also had concerns about costs, efficiencies, toxicity and risk.
Morrison commented that she had been monitoring the minutes of both groups. She didn’t think there was agreement about this issue.
Dwyer thought the matrix and definition was important. He said it is where the precautionary principle comes in. He wanted to err on the side of caution, not science.
Sorenson suggested VMAC, HHS staff and legal counsel put together a proposal for an ordinance that would come up for a public hearing. He wanted to blend the working definition of last resort that had been given by VMAC and in the definition that herbicides might be considered. He asked who would authorize it. He said they have public works defining last resort, and evaluating mechanical, biological, cultural techniques as the main management. He added the concern is if they have to use the pesticides before the Board agrees on a last resort policy, that they would have that approved by the Board of Health at the recommendation of Public Works.
Green didn’t think they would have a proposed ordinance as a last resort policy. He wanted to wait until they had more conclusive work by the committees. He supported Snowden’s report but he wasn’t willing to support a proposed ordinance. He would be a no vote if this would go for a vote today.
Lininger supported Sorenson’s notion that they should advance this to a hearing for an ordinance this summer. He wanted to err on the side of caution. He wanted to be clearer on what a last resort policy means with the reduction in the use of pesticides. He thought some tools for drafting an ordinance is a target of a percentage reduction and language to prohibit the aesthetic use of pesticides. He wanted to incorporate this within the structure of the IVM.
Morrison didn’t support Sorenson’s proposal. She commented that she wanted to look at this from an objective viewpoint and wanted to review all the information.
MOTION: to move to sell the spray truck.
Dwyer MOVED, Lininger SECONDED.
Dwyer commented he made the motion to focus on what the problem really is. He said they have to commit to helping the people and the environment. He wanted to draft language that puts into the code what the definition of no spray is for clear direction to use chemicals as a last resort.
Dwyer withdrew his motion. Lininger withdrew his SECOND.
MOTION: to move to direct Lane County legal staff to work with Public Works and Health and Human Services to bring back for the Board’s consideration and for review by the VMAC and Health Advisory Committee a proposed ordinance that would define last resort policy as recommended by VMAC with the change or addition that the Lane County Board of Health may authorize the policy. He wanted it to come back to the Board with the committees involved and then the Board would have a public hearing.
Sorenson MOVED, Dwyer SECONDED.
Sorenson recommended using the VMAC’s definition of last resort.
Green question whether this was really in the public’s interest and should be couched.
Rockstroh suggested deferring this to the committee to streamline it. He thought the policy would be expensive to implement. He added they would have battles as where to spray and not spray. He said there needs to be a clear policy.
Snowden commented the last resort definition was fine but someone needed to implement it. He said they needed to make a decision process about when they use chemicals and why they use it. He suggested bringing back to the Board a matrix that lists the circumstances when they would use herbicides. He added they would make a determination about the effectiveness and cost of each of the alternative treatments. He thought VMAC was overwhelmed with the details. He said the matrix would contain an action threshold where they try to define the degree of infestation of a particular weed. He added the second part is a commitment on their part to make sure they are looking at new technology as it becomes available to be able to put money into experimenting with new technologies.
VOTE: 3-2 (Green and Morrison dissenting).
Vorhes reiterated the VMAC definition of last resort has a decision for the Board to act as the Board of Health to decide on a case-by-case basis whether to spray or not to spray.
Sorenson explained they would ask County Counsel to make up a VMAC definition of last resort policy and add “Herbicides may be utilized with vegetation control only after considering other methods.” He said the deciding group would be the Lane County Board of Health.
Vorhes said they might have to come back for direction, as he was not sure what it meant about the deciding group being the Board of Health.
c. ORAL REPORT/Jasper Road Extension.
Snowden requested that this matter be brought back in 25 days.
9. CONSENT CALENDAR
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 03-5-21-2/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments with Catholic Community Services of Eugene and Catholic Community Services of Springfield to Provide Energy Assistance Eligibility Screening Services That Bring the Total Contract Amounts up to $65,000 and $60,000 Respectively.
2) ORDER 03-5-21-3/In the Matter of Authorizing the County Administrator to Sign a Grant Application to the Federal Center for Substance Abuse Prevention (CSAP) for up to $350,000 per Year for a Three-year Period to Prevent Methamphetamine Use; and Authorizing the County Administrator to Sign Acceptance of the Grant and for Two Renewals in the Amount of $350,000 If Awarded.
C. Public Works
1) ORDER 03-5-21-4/In the Matter of Vacating a Portion of Rouse Road, also Known as Black Butte Road (County Road Number 351) Without a Public Hearing and Adopting Findings of Fact (22-03-30-10).
D. Lane Workforce Partnership
1) ORDER 03-5-21-5/In the Matter of Appointing a Member to the Lane Workforce Partnership Youth Council.
MOTION: to approve the Consent Calendar.
Morrison MOVED, Green SECONDED
VOTE: 4-0 (Dwyer excused).
10. COMMISSIONERS' ANNOUNCEMENTS
Morrison reported the Rhododendron parade was on Saturday and over 30,000 people attended. She announced the Florence Leadership Class was having a graduation dinner.
Sorenson announced that Zoanne Gilstrap would replace Arlene Marshall. He stated they were sending letters to the cities to ask what items they would like to discuss at the joint meetings.
11. EMERGENCY BUSINESS
ORDER 03-5-21-9/In the Matter of Contributing to the Eugene Springfield NAACP ACTSO Program $5,000 from the General Expense Contingency Fund to Assist in the ACTSO 2003 Competition.
Green said there was a letter that came to the Chair as a request for the Eugene Springfield NAACP branch for the ACTSO program. He asked to financially support a portion of their travel to the Miami National Competition. He said their request was between $3,000 and $5,000. He asked the Board to appropriate $5,000 to be taken from the general expense contingency fund.
MOTION: to approve ORDER 03-5-21-9
Green MOVED, Morrison SECONDED.
VOTE: 4-0 (Dwyer excused).
ORDER 03-5-21-10/ In the Matter of Authorizing the County Administrator to Enter into a Contract with Pacific Source to Provide Medical and Vision Insurance and with ODS Health Plan to Provide Dental Insurance as Required in Lane County Contracting through its Bargaining Units.
Morrison MOVED, Green SECONDED
12. COMMISSIONERS' BUSINESS (CONTINUED)
a. ORDER 03-5-21-6/In the Matter of Ratifying the FY 03-04 Regional Wastewater Program Budget as Approved by the Metropolitan Wastewater Management Commission (MWMC).
Susie Smith, General Manager, Metropolitan Wastewater Management Commission, reported that every year the MWMC adopts an annual budget. She said they held the line this year in preparing their budget and taking reductions where they could, absorb cost increases where they have to and find strategic ways of addressing two successive years of revenue losses that they had not anticipated. She said the Commission had five work sessions on the budget issues and have been developing a financial plan to guide the capital program for the next ten years. She noted the Commission came up with a strategy that minimizes the harm potential of the revenue losses while minimizing impacts to ratepayers.
Smith said the strategy was to take a one-year $1.4 million reduction in contributions to capital reserves; otherwise they would be putting in $2 million per year for the capital program from user rates. She said for the upcoming budget, it would be a one-time $750,000 contribution. The rate impact would be about 14.3% and this would enable the commission to keep it to about 6.5%. She added they were making up for two years of lost revenues.
MOTION: to approve ORDER 03-5-21-6.
Morrison MOVED, Green SECONDED.
13. OTHER BUSINESS
presentation was made to Arlene Marshall.
Commissioner Sorenson recessed the meeting at 12:00 p.m.