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to Board NoticesMINUTES
BOARD OF COMMISSIONERS' REGULAR MEETING
February 26, 1997
Commissioners' Conference Room - 9:00 a.m.
Chair
Cindy Weeldreyer presided with Steve Cornacchia, Ellie Dumdi (arrived at 9:08
a.m.), Bobby Green, Sr. and Peter Sorenson present. Zoanne Gilstrap, Recording
Secretary
1.
ADJUSTMENTS TO THE AGENDA
Weeldreyer
announced that Item 9.g. had been pulled and that item 4.c., Governor's
Watershed Enhancement Board, will be added under Commissioners' Business.
2.
PUBLIC COMMENTS
Martha
Johnson, 25719
Jeans Road, Veneta, OR, Registered Nurse and board certified Lactation
Consultant employed by Peace Health, expressed concern that breastfeeding women
should receive the highest standard of education and service from Lane County
WIC. She stressed the benefits of breastfeeding and the role it plays in
preventing illness and promoting healthy babies and children. Johnson reported
that the WIC program provides free formula to 37% of all babies born in the
United States every year and that if more mothers breastfed, there would be a
substantial savings to the U.S. government in formula and medical costs. She
stated that WIC is federally mandated to use a certain percentage of its budget
for breastfeeding promotion and support. Johnson questioned the type and amount
of training the Lane County WIC dietician has had regarding human lactation.
Johnson said there are standards for lactation educators. She expressed concern
that there is no longer an adequately training lactation specialist on WIC
staff. She stated that, as a member of Lane County's Breastfeeding Task Force,
she has expressed concern that WIC should no longer be listed as a source for
breastfeeding help on the community breastfeeding resource list. Johnson
encouraged the Board to undertake a thorough review of WIC's breastfeeding
support program, past and present, and requested a written response.
Dennis
Soper, 643 Park
Avenue, Eugene, OR, discussed the report the governor's office made concerning
the hiring of WIC personnel last summer. He reported that union activists were
not hired, the governor's office found serious hiring irregularities, the state
WIC manager lost her job and that the state has removed the current WIC director
from the directorship of WIC. Soper expressed concern about present conditions
at WIC and discussed the consequences he believes to have occurred due to hiring
irregularities. Soper spoke about his involvement with Head Start. He indicated
that Head Start had planned to bid on the WIC contract and he now wishes it had
so the program would be handled honestly and efficiently.
Dawn
Lunn, P.O. Box
11612, Eugene, OR, stated that problems and concerns have been brought forward
and that Health & Human Services is trying to fix these problems. She noted
that they would not have these problems if they had hired the competent,
qualified, trained staff that was available to them. Lunn commented on a report
from the State WIC division regarding breastfeeding statistics, noting a 25%
decrease. She remarked that the dietician would not be able to provide an
adequate level of service regarding breastfeeding. Lunn stated Rob Rockstroh,
Director of Health and Human Services, has a lack of ability to oversee this
program. Lunn stated that the new dietician for WIC did not need to have any
breastfeeding education and asked what percentage of her time would be spent on
breastfeeding education.
Green
asked to go on record disagreeing with Lunn’s critical comments and
assessments regarding Rockstroh.
Cornacchia
commented that the Board has taken an official position and that the assessment
done by two different levels in Lane County found the hiring process and its
results were both appropriate and legitimate.
Sorenson
remarked on the role he played in insuring that the governor's office did
investigate the treatment of the employees and informed those commenting that
their next recourse would be at the level of legal involvement.
Kimberly
Phillips, 1075
West 18th, Eugene, OR, daughter of Elaine Phillips, remarked that the Board has
the opportunity to do something about the issue of WIC hiring practices and has
not done anything.
Joseph
Dillon, 1348
Tyler Street, Eugene, OR, indicated that he is 14 and that his concern is the
lack of attention that the Board has given the WIC issues. He stated that the
situation at WIC is no small problem. Dillon remarked that low income families
need the help that WIC offers.
Charles
Phillips, 1075
West 18th, Eugene, OR, remarked that he has been bringing his home schoolers to
the Board meetings and that this would be the last one. He pointed out that this
issue was still the Board’s concern for four reasons: 1) the rights of the
five women involved; 2) the issue of the possibility of corruption in
government; 3) loss of services to people; and 4) that this is actually a
program that saves money and should not be decreased.
Janey
Ginder, 25818
Tidball Lane, Veneta, OR, registered nurse and employee of Peace Health, spoke
in favor of the peer counseling program that was active at WIC and expressed
concern that she is no longer comfortable referring new mothers to WIC,
stressing that the education needs to continue to happen. She expressed concern
that there is no longer a lactation consultant on staff. She asked Lane County
to keep the education and lactation components.
Christian
Wihtol, 34537
Clifford Lane, Cottage Grove, OR, stated that he had left copies of a memo
yesterday for the Board and David Suchart. He asked that Animal Regulation
Authority develop a reasonable, prompt and firm way to deal with an animal noise
problem that is continuous. He indicated he had been waiting for two months for
a hearing date. Vetal remarked that the staff at Animal Regulation is doing a
great job considering their meager resources. He urged the Board not to cut that
service further, noting there is the ability to charge fees for infractions.
Cornacchia
stated that local governments have seen a major reduction in resources, noting
that government needs to find ways to reduce itself. He remarked that services
will remain that cannot be provided elsewhere, stating that people have the
option of using the courts to deal with animal infractions. He asked that, since
the service is still in place, he would expect that nuisance complaint to be
dealt with.
David
Suchart, Director, Human Resources and Management Services, was requested to
provide a report to the Board regarding this situation and the status of their
workload. Suchart indicated he could discuss this issue during his presentation
regarding Animal Regulation at the Budget Committee next Tuesday.
3.
COMMISSIONERS' ANNOUNCEMENTS
Cornacchia
stated that he visited Weyerhaeuser and they are discussing some of the very
same things discussed in the County and that some of the same recommendations by
the Board are being suggested and embraced in the corporate world. He remarked
that Lane County is going through the very same dynamics that large corporate
entities are going through in a changing economy and changing world.
Dumdi
stated that she and Commissioner Green were leaving tomorrow for Washington,
D.C. for a NACo conference. She also discussed a constituent complaint regarding
payment of Channel 11 by general funds from Lane County and the City of Eugene.
Dumdi also commented on a speeding issue on Lorane Highway and McBeth Road and
stated that she would pass this on to Public Works. Dumdi noted that she
received a letter from Florence regarding the BIA issue and would provide copies
to the Board.
Green
asked that, while he was in Washington, D.C., the Budget Committee refrain from
having conversations regarding finding replacement revenue and instead
concentrate on dealing with the immediate effects of BM 47.
Sorenson
spoke about the tours he had recently taken at the jail and A&T. He reported
on his visit to South Eugene High School and said he learned that students
believed the "kicker" money should be forwarded to schools. Sorenson
also reported that Jim Gangle, Lane County Tax Assessor, will be giving a talk
on BM 47 on Friday at the City Club.
Weeldreyer
discussed a memo from the Polk County Steering Committee asking that each county
nominate a commissioner to serve on Willamette Livability. There was consensus
that
Cornacchia
would be nominated with Dumdi as an alternate. Weeldreyer also recognized the
Recognition Ceremony at Public Works and noted Ken Freeman’s retirement and
service awards.
4.
COMMISSIONERS' BUSINESS
a.
QUARTERLY REPORT/OSU Extension Service Update.
Janet
Calvert, Extension Agent, reviewed her written report (see material on file).
She discussed their budgeting and the upcoming Town and Country Living Seminar
on March 1 at Willamette High School. Calvert distributed a copy of
"Oregon’s Fiscal Choices: Historical Context and Long-term
Implications."
Ross
Penhallegon, Extension Agent, reviewed his memorandum regarding Lane County
groundwater protection programs, particularly as related to Coburg and Junction
City (see material on file). He reported that the Lane County water quality
programs have received several awards, both state and national. Penhallegon
introduced Dave Dawning.
Dave
Dawning stated that he is a farmer in the Coburg area and is chairman of the
Coburg Wellhead Protection Committee. He reported that they have been working on
getting information out to people. He noted that the community does realize that
it has an elevated nitrate situation. Dawning stated that he is a member and
part of the Peacaps project in which Penhallegon and OSU have set up collection
sites on his farm to take water and nitrate level samples. He said they have
found OSU's recommendations on fertilizers may have been a little excessive and
they have started programs to cut back their levels of fertilization as well as
to use different technologies in applying and timing the use of fertilizers.
This
meeting recessed at 9:56 a.m. to reconvene at 10:00 a.m. for time certain for
item 9.a.
b.
CVALCO SEMI-ANNUAL REPORT/July 1 - December 31, 1996.
Kari
Westlund briefly reviewed the semiannual report and distributed a supplemental
document showing the 1996 economic impact figures. She stated that she tried to
incorporate economic impact return on investment information. Westlund reported
that, as CVALCO prepares their program of work for the coming fiscal year, they
will be identifying the outcomes and how they are going to measure success as
they implement marketing programs.
Westlund
said that they are finding in Lane County is that the national trend in that
wage rates is increasing even more quickly than jobs. She said the visitor
industry is traditionally known as entry-level and, as the service sector of the
overall national and world economy becomes bigger, service jobs are seeing
increases in wages which is reflected in the County, as well as across the
nation. Westlund said that management and executive positions are increasing at
a more rapid rate in the service sector than throughout other industries.
Westlund
noted that in this report was overall room tax information which shows room tax
is up by 5%. Westlund said it was a successful year in terms of convention sales
and there is a good economic return on conventions and meetings. Westlund
reported that tourism sales are very active and discussed Sunset Magazine
and the series of advertisements developed to highlight all areas of the county.
She explained that these ads are run on a twelve-month schedule and this can be
rerun next year without incurring any additional production costs. She said they
perform conversion study research on inquiries and that 36% of the people who
inquire actually convert to extend their stay by 4 1/2 days, which is a
substantial amount of time. Westlund said that tourism trade shows attendance
has been good and they have been able to track the shows to show a correlation
with trade shows from people who write or call. She said the overall group
business is substantial for the county and they will be implementing a program
to do a better job at tracking that aspect.
Westlund
discussed future goals and said that CVALCO's marketing programs are strong and
very comprehensive county-wide. She stated there is a need to focus on
communicating back to communities across the County on what those marketing
programs are, how communities are represented and how they can use the tools
CVALCO has to bring in business. Westlund said the real key to this program is a
partnership with member businesses which actively participate in the marketing
process by making direct contact with inquiries and following up on convention
booking. She stated that the communities need to let meeting planners know of
their products and services. Westlund commented they are focusing on working
with chamber executives and community organizations.
Westlund
reported that CVALCO wants to reinstate the Annual Tourism Summit. In addition,
they want to focus on leveraging state and regional marketing programs. She
discussed Japanese and German markets. She said in the strategic planning
process they are undergoing now, the mission has been targeted to overnight
visitors, noting that they will continue work with the market passing through,
but the goal is to convert them to overnight.
Westlund
distributed a new board roster and the new CVALCO marketing publications. She
handed out a memo regarding the rail section of the Governor’s proposed budget
and reported that if the Governor’s transportation budget is not approved,
Lane County will lose rail and bus access to a significant degree.
The
Board will refer the rail issue to the legislature for a briefing.
4.c.
ORAL REPORT/Governor's Watershed Enhancement Board Grant for a County Watershed
Coordinator.
There
was discussion of indirect costs, supervision, video lottery and their impacts
on this grant application.
Van
Vactor said they could allocate some video lottery specifically for this grant.
Weeldreyer
will change the grant application regarding indirect and video lottery and will
bring an order to the Board.
5.
EXECUTIVE SESSION as per ORS 192.660
To
be held later today.
6.
COMMITTEE REPORTS
a.
Legislative Committee Update.
Green
stated that he was forwarding these three bills for Board support. He noted they
are HB 2138, requiring owners to register their recreational vehicles; HB 2200,
requiring primary and general election to be conducted by mail; and SB 392,
amending several statutes affecting the management of tax foreclosed property
(see material on file).
Cornacchia
reported that he needed to leave at 11:55 a.m. and stated his support of all
three bills.
Newingham,
County Clerk, gave a brief overview of HB 2200.
Weeldreyer
stated that since the state no longer funds Lane County's local voters
pamphlets, she would like to explore the possibility of selling advertisements
to pay for a voters pamphlet.
Newingham
will research that issue.
Jeff
Turk, Property Management Officer, reviewed packet material regarding SB 393.
Roy
Burns, Intergovernmental Relations Coordinator, gave a brief overview of HB
2138.
MOTION To approve staff and legislative recommendations:
Sorenson
MOVED, Dumdi SECONDED. VOTE: 5-0.
This
meeting recessed at 12:10 p.m. and reconvened at 1:31 p.m.
7.
COUNTY ADMINISTRATION
a.
Announcements
Van
Vactor stated that he met with Bob Candine with regard to BM 30 and said there
was an AOC alert reporting that the legislative leadership will be making a
decision regarding what to do with the Attorney General's opinion which would
cut the impact BM 47 in half.
Van
Vactor also discussed the prioritization list regarding support services and
public safety. He said the Management Team worked through those lists and will
meet again next Monday and hoped to be able to provide a new prioritization list
soon. He talked about the value of having a potential range of reductions at
Lane County available to the Board to allow for effective talking points with
their legislators.
Van
Vactor talked about the legislative meeting he attended and said there was
discussion regarding the large state income tax and the potential for the state
to assist the counties. He reported that he will be preparing a document that
outlines whether AOC should consider asking for a series of fall back positions
with the legislature, starting with a slice of the income tax equal to the
amount of reduction. He also suggested that the state could either fund some of
the state functions, such as the District Attorney and Assessment &
Taxation, repeal all the mandates, or give the Board authority to reduce A&T
below statutory requirements. He hopes to present this document to the AOC
legislative committee on March 10.
8.
HEALTH AND HUMAN SERVICES
a.
ORAL STATUS REPORT/WIC Program.
Rob
Rockstroh, Director, Health & Human Services, discussed the WIC Program
Summary (see material on file). He stated when you go from 28 FTE to 15.8 FTE,
there are going to be some changes but he believes the needs are still being met
prenatally and on breastfeeding and nutrition education as well as maintaining
the level of clients. Rockstroh stated that WIC is a caring, supportive,
nurturing environment to support breastfeeding. He introduced Connie Sullivan,
WIC Manager.
Green
asked about the Breastfeeding Peer Support program which was eliminated at the
recommendation of staff.
Sullivan
explained that they trained clients to help peer counsel breastfeeding mothers.
She said it was a very intensive program in terms of work required to maintain
the volunteers. Sullivan reported that the staff who coordinated that program
recommended not to continue because it caused too much additional work for staff
to keep the program continuing when a volunteer quit or was unable to keep up
with their commitments.
Cornacchia
stated there is interest and value in data and tracking to show how benchmarks
are or are not being met. He asked that WIC track how many formula vouchers are
given to see how much impact the efforts regarding education on breastfeeding is
having on the use of formula vouchers. Cornacchia also asked that caseload
continue to be tracked.
Sorenson
asked about caseload and said WIC was under the projected amount.
Responding
to Sorenson, Sullivan stated that amount was for the fiscal year, not the
calendar year and, now that training is over, the trend will immediately start
to climb.
Sorenson
asked if there has been a decline in breastfeeding and, if so, its relation to
elimination of the peer program.
Rockstroh
stated that they will research that issue.
Weeldreyer
asked about a lactation consultant on staff.
Sullivan
said it is not common for WIC programs to have a lactation consultant. She said
it is nice, but there are specific staff positions required and those are the
ones they have.
Hector
Rios-Zavala, Diversity Analyst, said he interviewed staff, members of the
community and WIC clients, visited the site and called the hotline. He concluded
that, while there is room for improvement, the situation was not so severe that
it impaired providing service to non-English speakers and, particularly, the
Latino population. He said there are three people who speak Spanish and English,
two who are fluent in both languages and one who is a third-generation Hispanic
and is brushing up on her language skills. Rios said one is a caseworker and two
are receptionists. He reported that most information at the WIC office is
available in both English and Spanish.
Cornacchia
asked if Rios believed the Hispanic population of this community is adequately
being serviced
Rios
responded that there is room for improvement and that they are not being
adequately served.
Cornacchia
asked if Rios felt there was a need for personnel changes in the near future.
Rios
responded that when hiring is done for caseworkers or receptionists, there
should be recruitment for bilingual people. He said he has not talked to the
three people who have stated that they are bilingual. Rios stated that he will
have a full report for the Board next week.
9.
PUBLIC WORKS
a.
ORAL REPORT/Update on the Oregon Department of Transportation Preservation
Project on the McKenzie Highway from Greenwood Drive to Vida.
Weeldreyer
introduced Nick Arnis, Oregon Department of Transportation planner, and Don
McLane, project coordinator for Lane County.
Arnis
introduced Bob Bowne, Project's Office and Alan Lively, Senior Permit
Specialist.
Arnis
and McLane reviewed this item for the Board (see material on file).
Cornacchia
stated that this Board has shown a high awareness of livability issues. He said
the Board will support community interests along this corridor and would ask the
state to be sensitive and go beyond the normal course of addressing the impacts
this project will have. Cornacchia said that as the Board receives comments and
suggestions, they will pass them on to the state with an expectation of
acknowledgment and appreciation of those comments.
Weeldreyer
directed attention to a map of the project and asked Bowne to briefly summarize
the project.
Bowne
gave a general overview of the project and discussed the structures scheduled
for repair (see material on file). He reported that after obtaining citizen
input, they found one of their big concerns was two curves within the project
limits. Bowne explained that one is the curve on Leaburg Lake, which is an area
of frequent truck accidents and that one such accident resulted in a spill into
the lake. He said the problem involved a compound curve and their solution was
to design a 45-mph single curve to replace it and to include a
retention/detention system. He explained that the system includes a curb
sectional which would allow truck spills to be captured in a storm drain system
and drain to the north side of the roadway into the retention/detention pond and
metered back into the river. Bowne explained the impacts of the curb
improvements and the channelization developments. He reported that, at the
request of ODFW to mitigate losses of fish habitat and places to fish, they are
going to develop areas in the form of a barb that extends out into the reservoir
to replace some lost riparian habitat as well as to add a place to fish. He
noted that the Army Corps of Engineers assisted with this project.
Weeldreyer
stated that the Board authorized the money to build the safety rest area on the
property at the McKenzie Hatchery and that it was a result of work done to allow
for turn lanes into that new rest area that required ODOT to come out farther
into the lake, resulting in an increase in the flood plain. She stated that was
the reason for the request from ODOT asking the Board to provide a letter
authorizing an increase in that flood plain.
Kent
Howe, Land Management Planning Director, reviewed the realignment of Hwy. 126
through this section and explained that there is a need for replacement of fill
within the regulatory flood way which cannot be done because it will raise the
base flood level. He said the solution would be to narrow the regulatory
floodway so that the fill is not located within the floodway boundary. Howe
explained that would require a revision of the floodway by FEMA. He reported
that one of their requirements for a revision is that Lane County send notice to
affected property owners prior to the revision. Howe stated that he hopes to do
that in early March and bring responses to the Board in late March or early
April. Howe reported that after FEMA receives Board approval, it would then
review this proposal for compliance and if it is met, the floodway map handle
would be revised and brought to the Board to adopt by order.
Direction
was given to Van Vactor to work with Land Management staff to process this as
expeditiously as possible to meet ODOT's schedule.
Cornacchia
left at 11:55 a.m.
b.
ORDER 97-2-26-1/In the Matter of Electing Whether or Not to Hear an
Appeal of a Hearings Official's Decision and Affirming the Planning Director's
Approval for a Dwelling Within the Impacted Forest Land Zone F2/RCP (Bartlett/PA
1841-96).
Bill
Sage, Planner, Land Management, reviewed this item for the Board (see material
on file).
MOTION: To Not Hear Arguments on the Appeal and to Affirm
the Hearings Official's Decision.
Dumdi
MOVED, Green SECONDED. VOTE: 4-0 (Cornacchia absent)
c.
REPORT BACK/Marginal Lands: Policy Alternatives and Request for Direction
Regarding the Interpretation and Administration of Marginal Lands Applications.
Kent
Howe gave a brief overview of the history of Marginal Lands, explaining that a
1973 planning program provided a planning framework for the incorporated areas
and required delineation of an urban growth boundary. He said the rural areas
were left to designate lands outside the urban growth boundary as farm or forest
land with an exception process provided to identify non-farm, non-forest areas
as either residential, commercial or industrial. Howe remarked that everything
that did not qualify for an exception was to be designated as farm or forest
land. In 1983, the legislature came up with a process to recognize that not all
farm and forest lands were of the same quality and this legislation is referred
to as the Marginal Lands Bill. He said there would be higher standards of
performance-based system for the higher quality of farm and forest lands. Howe
said one other county, Washington County, also adopted this higher standard and
these two counties have been applying marginal lands in the EFU standards.
Howe
said the legislature's intent was to identify land that was not, in 1983, nor
likely to be in the future, providing significant contribution to the commercial
farm and forest community and lands that they wanted to allow to be identified
as marginal lands. He said to determine at that time if it was a significantly
contributing property, a management and income test required that the land could
not have been managed between 1978 and 1983 as part of a farm or forest
operation that is capable of producing $20,000 or $10,000 respectively,
depending upon whether it was farm or forest. Howe said to determine whether the
land would be capable in the future of providing a significant contribution to
the farm or forest economy was a soils and a parcelization test. He stated that
a year ago Land Management brought before the Board seven areas that had been
identified as needing some clarification and the Board gave direction on six of
them and asked for further research on issue No. 4 (see material on file).
Howe
said on the issue of No.4, there are some assumptions that have to be made: 1)
Assume a fully stocked stand; 2) It is mature timber, ready for harvest in 1983;
3) That that property would have reasonable commercial management practices
applied to it; and 4) use the 1983 stumpage values. He stated that with those
four assumptions, there is a way to apply consistency in making the forest value
computation. Howe referred to the table in packet material regarding number of
applications. He stated that their recommendation was that the Board give
direction to utilize these and this methodology.
Green
asked Stephen Vorhes, Assistant Legal Counsel, about the definition of
management.
Vorhes
responded that management is a subjective term and would depend on a particular
case; it is a fact-driven definition.
Al
Cooper, 2258
Harris Street, Eugene, OR, said the management question centered around whether
there had to be some tangible activity on the ground to constitute management
and that could be planting trees, preparing a seed bed, thinning, etc. He said
another definition, which was the position the Board adopted, was that property
growing trees constituted management. Cooper noted that the Board also
established that management was beyond that five-year window.
Dumdi
stated that in the past the Board looked at the parcelization test and also soil
productivity because lower grade soils unable to produce a crop would not
provide any income. She stated these two tests have served the Board well and
they should continue and establish that as policy and key factors as a test for
future cases.
Cornacchia
arrived at 2:01 p.m.
Cooper
stated that the Marginal Lands statute requires that all cases meet the
management and income test first. Then there is the choice of any one of three
tests from the second tier which includes the parcelization and soil quality
test.
Responding
to Weeldreyer, Mike Evans, 1071 Harlow Rd, Springfield, stated that he
has worked with Kent Howe and the entire planning staff to come up with
something that everyone believes is workable and usable and there is unanimous
consensus that this will work, is legal and they fully support it.
There
was consensus to approve this methodology as proposed and to support and
reaffirm earlier positions.
d.
REPORT BACK/Urban Transition Issues Relating to Building Codes Administration.
Roger
McGuckin Building Official, referred to the cover memo and said there really is
no issue regarding the three building jurisdictions. He stated that they tend to
cooperate across jurisdictional lines, including the urban transition areas.
McGuckin reviewed the information in the memo (see material on file).
Sorenson
asked whether the impact of BM 47 would be to slow down extra territorial
annexation of unincorporated areas in the city. He believed that because under
BM 47, the tax rate will be the same as it is currently with the reduction and
that the incentive to annex the property will not be there because the city will
not be able to collect tax revenue.
McGuckin
said that, prior to BM 47, the consensus was the best advantage to a city was to
annex in a fully developed property, uder post-BM 47, the best advantage is to
annex undeveloped property.
Sorenson
asked if there could be consolidation with the cities as far as building
permits.
McGuckin
responded that jurisdictions can contract with one another or choose not to do
it. He stated that combined forces lose individual voice.
Dumdi
stated that she receives numerous calls from people in River Road/Santa Clara
expressing frustration regarding lack of representation from either the city or
the county as far as building permits. She said it is Lane County on one side of
the line and the City of Eugene on the other with differing handling of the
business.
Green
said there was nothing to cause him to make any radical changes today. He stated
that there was no reason to revisit urban transition building codes relating to
building codes administration.
The
Board concurred with Green.
e.
ORDER 97-2-26-2/In the Matter of Remanding Rezoning Application PA
1268-95 to the Lane County Hearings Official for Reconsideration Consistent with
the Court of Appeals' Opinion in Gutoski v. Lane County (Egge/Stapleton).
Michael
Copely, Planner, Land Management, stated the Board is being asked to reman this
matter to the hearings official for further examination of the policy question
raised by the Court of Appeals and to produce a new decision of the rezone. (See
material on file.)
MOTION: Approval of the Order as written. Green MOVED,
Dumdi SECONDED. VOTE: 4-0. (Cornacchia absent.)
f.
DISCUSSION/Developing a Policy Framework Regarding the Status of Oregon
Properties, Inc. Roads.
Bob
Ezell, County Surveyor, gave an overview and referred to a map demonstrating the
Oregon Properties, Inc. (see material on file).
Green
asked what staff was recommending.
Cornacchia
stated that he believed that they were recommending a combination of No. 1 and
No. 2.
Van
Vactor stated that the foundation for the code requirement of the person who
wants the dwelling permit is that there be approved access. He expressed concern
regarding recommendation No. 1 because an intervening landowner may challenge
the right of that person to traverse that road. Van Vactor stated that there
should be some process where the person obtaining the dwelling permit recognizes
that Lane County is, in no way, guaranteeing access.
Cornacchia
stated that he was comfortable with a combination of Nos. 1 and 2, nothing over
16%, and a hold harmless clause.
Vorhes
suggested that owners show proof through title insurance that they have access
as part of the process.
Cornacchia
asked that staff meet with their planners, surveyors and legal counsel and come
back next week with a recommendation.
The
Board agreed with Cornacchia's recommendation.
g.
REPORT BACK/Recommendation of Task Force to Evaluate Discharge Criteria for
Onsite Leachate Treatment for the Short Mountain Landfill.
This
item was pulled.
10.
CONSENT CALENDAR
A.
Approval of Minutes: None.
B.
Human Resources and Management Services
1)
ORDER 97-2-26-3/In the Matter of Authorizing the County Administrator to
Execute an Option to Purchase Agreement With Rick Herson for the Sale of County
Owned Real Property Identified as Map o. 17-04-26-21-00800 (Adjacent to 595 Hwy.
99N, Eugene).
C.
Public Works
1)
ORDER 97-2-26-4/In the Matter of Approving Work Order Number 21 with
EMCON for Preparation of the 1996 Annual Water Quality Summary Report for the
Short Mountain Landfill and Authorizing the County Administrator to Execute the
Work Order
MOTION: Approval of the Consent Calendar with Exception
of 10.b.1.
Cornacchia
MOVED, Dumdi SECONDED. VOTE: 5-0.
Cornacchia stated, that at the time the property was offered for sale, it did not appear to have access to a public right-of-way and he believed that may have affected the sale and who may or may not have bid on that property. He said it was his belief that there should be a new sale so that everyone in the County has the correct information. Cornacchia asked that administrative direction be given to Turk.
Teresa Wilson, Legal Counsel, recommended that this come back next week with
either a new order that sends it to sheriff's sale with disposition through
Juvenile Justice Center or that it come back with an order revised for the
Juvenile Justice Center.
The
Board concurred with that recommendation.
11.
REVIEW ASSIGNMENTS
David
Suchart, Director, Human Resources and Management Services, will report to the
Board regarding an animal nuisance complaint brought up at Public Comment by
Christian Wihtol.
Refer
the rail issue to the Legislative Committee for a briefing.
Examine
existing state statute to determine if counties can explore public/private
partnerships for funding voters' pamphlets.
Report
back on WIC regarding service to the non-English speaking community by Hector
Rios.
Letter
of Recommendation for ODOT regarding the McKenzie Highway Project and FEMA.
Policy
framework report back on recommendation from PW and Legal Counsel on how to
handle status of Oregon Properties, Inc.
Research
issue on sale of County-owned property to Herson and public awareness of
right-of-way.
12.
EMERGENCY BUSINESS
ORDER
97-2-26-5/In the Matter of Authorizing the County Administrator to
Execute Necessary Documents to Implement the Attached Settlement with Marsha
Woodward.
MOTION:
Approval of the Order. Cornacchia MOVED, Dumdi SECONDED. VOTE: 5-0.
Zoanne
Gilstrap
Recording Secretary