April 19, 1995
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - following HACSA
Chair Ellie Dumdi presided with Steve Cornacchia, Bobby Green, Sr., Jerry Rust and Cindy Weeldreyer (arrived at 9:25 a.m.) present. Sharon Giles, Recording Secretary.
1. ADJUSTMENTS TO THE AGENDA
One item of Emergency Business was identified. Green asked that item 4.b. be held until arrival of some city officials.
2. PUBLIC COMMENTS
Jan Wroncy, P.O. Box 1101, Eugene, commented on three examples of violations of public policy, process and trust. She reported that Dave Humphrey, ODOT, had indicated to her that Lane County is loaning out a spray truck and a crew member to the state to spray state roads. Secondly, Wroncy observed that County parks are being sprayed by Lane County without posting in advance of the spraying. She noted that the IVM program was designed primarily for roadside use and that she doesn't believe the public expects spray in those parks. Third, Wroncy indicated that pictures (see material on file with Mike Perkins) illustrate the problems with neighboring property owners spraying county roads. She indicated that they show the bank eroding and ditches filling with sediment and debris. Wroncy noted pictures showing spraying on various locations, stressing that it is damaging to the shoulder edge and pavement to have constant spraying. Rust asked if it would be appropriate to have John Goodson, Public Works Director, respond by memo regarding Wroncy's questions. Cornacchia indicated that the best way to go would be to present the material to the Vegetation Management Advisory Committee for recommendations. Wroncy stated that these issues have come before that committee already and that there is information being withheld from that committee. Dumdi stated that Goodson would be asked to report back in 30 days.
Lou Sinninger, 1174 Gateway Loop, remarked that he represents AFSCME employees at Lane County and was speaking regarding Item 11.a. He remarked that he is in favor of the recommendation from George Russell and supports recommendation "d."
Janet Gielow, 48 West 23rd, commented that she was speaking on behalf of the Board of SCAR/Jasper Mountain regarding the emergency CDBG grant (under Emergency Business) for a new residential assessment and evaluation program. She indicated that the grant would be used for improvements in the septic and water systems.
14. ORDER 94-4-19-22/In the Matter of Submitting an Urgent Need/Emergency Community Development Block Grant Application for SCAR/Jasper Mountain Asset Center Water/Wastewater project.
Peter Thurston briefly reviewed the agenda material, summarizing comments by Ms. Gielow above. MOTION: Approval of the Order. Rust MOVED, Green SECONDED. VOTE: 4-0.
3. COMMISSIONERS' ANNOUNCEMENTS
To be held at approximately 10:40 a.m.
4. COMMISSIONERS' BUSINESS
a. DISCUSSION/Inmate User Fees in Lane County Correction Facilities.
Rust introduced this item, asking that judgment be suspended until the information is introduced. He commented that this continues some discussions held at the Budget Committee level regarding costs in county government. Rust noted that corrections/jail is the largest expenditure in county government and that this is not a "punish the prisoner" approach. He expressed interest in finding out whether the prisoners would feel investment/ownership/accountability with the system if they were to pay a small portion of the $65 cost per day - perhaps a $3/$5/$10 charge. Rust observed that this will not balance the budget, but could help a little bit.
Rust indicated that he was looking for a referral to the Criminal Justice Coordinating Council which involves all players in the criminal justice system, providing an opportunity for all sides to be heard in that forum. He commented that Ben Sunderland agrees that referral would be an appropriate next step, noting the need for the judiciary's involvement.
Weeldreyer arrived at 9:25 a.m.
Trish Rosewood, a volunteer assistant to Rust, discussed her memorandum regarding inmate user fees (see material on file).
Ben Sunderland, Captain, Sheriff's Office, indicated that this is a topic he is extremely interested in and that other jail managers are looking intensively at this topic. He remarked that inmates pay for television in Lane County by a percentage of commissary fees set aside for recreation and they also pay for the cost of administration of the commissary. Sunderland indicated that Lane County also became the first to have a toll telephone system run by a public utility. He stated that revenue is used to hire a teacher for educational services. Sunderland stated that the legislature is looking at modifications regarding the ability to collect medical fees from inmates, which would enable the collection of reasonable fees in a more efficient manner. He observed the need to look at the ability of the offender to pay. Sunderland described the Law Enforcement Medical Liability Act, which provides a pot of money that can be used to reimburse the County for medical services. He encouraged contact with David Williams, County Counsel, regarding lawsuits that are the result of existing requirements that non-indigent inmates pay for their own copying/postage/writing materials costs and he also suggested the possibility of recovery of costs in the area of seizures, with which Deschutes County has had some success.
Responding to Green, Rosewood indicated that there are some lawsuits pending regarding access to medical services. Rust indicated that the intent was never to deny medical treatment, but to get a bill when you leave. He observed that instituting a small fee decreases the amount of unnecessary/frivolous medical visits. Sunderland commented that it might be valuable to look at a definition of what really is an indigent person, indicating that they are currently using the same criteria as for public assistance. He noted the need for care regarding liability if an inmate won't come forward for medical treatment when contagious. Responding to Weeldreyer, Sunderland indicated that the per-day charge at the work center works well as there is the "hammer" of going back to jail.
MOTION: Refer to Criminal Justice Coordinating Council, ask for review and report back by September 1, and also look at seizure as suggested by Sunderland. Rust MOVED, Cornacchia SECONDED. VOTE: 5-0
b. DISCUSSION/Partial County Funding of Willamette Street Improvements.
Green commented that it is important for the public to know if Lane County intends to participate in the project and that it is important to know the level of any participation as the City of Eugene is putting forth an advisory measure and would like to have all of the information around the financial portion of the project. He indicated that as a city councilor he had supported the reopening from an access point of view.
Mayor Ruth Bascom distributed her written statement (see material on file) in support of the reopening and asking for the County's assistance.
Les Lyle, City Engineer, noted that mail-in ballots will go out on April 28 and that the city is interested in Lane County's position as they want to properly represent the situation in the fact sheets. He indicated that the city is asking for $900,000 from Lane County and that the private sector is planning to provide $100,000 which would be used for amenities such as benches, planters, etc. Weeldreyer remarked that concern has been expressed about the design, including raised pedestrian walkways; thus the $1.3 million price tag is being questioned. She asked if it wouldn't cost less if it was restored to its historical design. Lyle stated that the difference is the brick in the sidewalk area and that the estimate for the brick work is less than $100,000 of the project cost. Responding to Weeldreyer, Lyle indicated that there would be busses on Willamette when the LTD transfer station is completed, with a maximum of 10 busses per hour.
MOTION: Board of Commissioners support the project to open Willamette Street. Green MOVED, Rust SECONDED. Rust stated that many people don't realize the inaccessibility of the heart of the city. He indicated his support from an access, safety and economic point of view. He mentioned that the mall is a failed experiment. Dumdi commented that she doesn't see this as a rural versus urban issue. She noted that Willamette Street is a main street in the city, observing that more people will take advantage of the city when it is more user friendly. Weeldreyer offered her support for the reasons outlined by Bascom, but commented that she is not in support of the timing of this project. Cornacchia indicated his support, noting that it is ironic that the Board would pass this, but the city council cannot. He remarked that he has not heard the council state this as a priority. VOTE: 5-0.
MOTION: Lane County support the Willamette Street project to the level of $900,000. Green MOVED, Rust SECONDED (for discussion). Green indicated that this has been a priority for a long time and that it is his intent to get a level of funding that is agreeable to the Board. Cornacchia stated that he was comfortable with a minimum of $500,000 and is most interested in a result that is unanimous by the Board, observing that a 50/50 split would be the easiest decision. He noted that the road fund balance is decreasing and that the County traditionally shares road funds with the cities to the extent of $1.5 to $4.5 million annually, with EDAP being at $1 million. Rust asked if the Board were to select a number, say $750,000, where would it come from. John Goodson, Public Works Director, noted that there is a CIP Public Hearing on May 3 and the Board could have a work session on May 2 to determine where it fits. Responding to Rust, Goodson indicated that there is an amount not encumbered, but expressed concern about the $5 million drop in reserves. Rust asked for the percentage of cash carryover that is now encumbered. Goodson indicated that he would like to come back with exact figures. Rust stated that he would like Goodson to come back this afternoon and would like voters to have the whole picture before the vote. Rust observed that there are not many road projects in his district. Cornacchia questioned the possibility of taking dollars from the Ferry Street Bridge project or the annual contribution to cities, stressing the need to discuss where the dollars are coming from. Bill Van Vactor, County Administrator, stated that the Public Works presentation could take place after today's hearings. Rust, as Second of the Motion, pulled the Motion from the table.
a. ORDER 95-4-19-1/In the Matter of Recognizing April 24 through April 28, 1995 as National Volunteer Week, and Commending the Senior Volunteers for their Service to Lane County.
Dumdi read the Resolution into the record. MOTION: Approval of the Resolution. Cornacchia MOVED, Weeldreyer SECONDED. VOTE: 5-0.
6. EXECUTIVE SESSION as per ORS 192.660
To be held later in the day.
7. COUNTY ADMINISTRATION
b. ORDER 95-4-19-2/In the Matter of Approving an Extension of Property Tax Exemption Under ORS 285.605 to Shorewood Packaging Corporation and Delegating Authority to the County Administrator to Execute the Agreement.
MOTION: Approval of the Order. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.
This meeting recessed at 10:44 a.m. to reconvene at 11:00 a.m..
8. PUBLIC WORKS
a. ORDER 95-4-19-3/In the Matter of Appointing One Member to the West Lane Planning Commission.
Dumdi introduced this item, recommending approval of Burch. MOTION: Approval of the appointment of Dianne Burch. Cornacchia MOVED, Green SECONDED. Rust asked when would be the appropriate time to discuss terminating this commission, indicating that he would like a time-certain discussion. Dumdi indicated that she would get information from Ben Wilson and report back in 30 days. VOTE: 5-0.
b. ORDER 95-4-19-4/In the Matter of Appointing One Member to the Vegetation Management Advisory Committee.
Mike Perkins briefly reviewed this item. MOTION: Approval of the appointment of Bill Brice. Cornacchia MOVED, Rust SECONDED. VOTE: 5-0.
c. ORDER 95-4-19-5/In the Matter of Authorizing the Parks Division to Apply for State Marine Board Facility Grants at Lookout Point Reservoir, and at Triangle Lake, Mapleton, and Bender Boat Landings and Authorizing the County Administrator to Sign the Applications.
Bob Keefer, Parks Manager, briefly reviewed the agenda memorandum. He added that he has had a discussion with the Corps of Engineers regarding maintenance. MOTION: Approval of the Order. Weeldreyer MOVED, Cornacchia SECONDED. VOTE: 5-0.
d. ORDER 95-4-19-6/In the Matter of Approving a Work Order for Reviewing, Evaluating and Selecting Leachate Management Strategies for the Short Mountain Landfill and Authorizing the County Administrator to Execute the Work Order.
Mike Turner, Waste Management Manager, briefly reviewed the agenda memorandum. MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 5-0.
e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1071/In the Matter of Naming a Private Road Lost Lane (Second Reading and Public Hearing: May 31, 1995, 1:30 p.m., Harris Hall Main Floor).
Dumdi read this ordinance into the record. The tentative date of May 31 was rescheduled to May 30. Green asked if there was any cost for this process. Goodson stated he would check and inform the Board. MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for May 30, 1995 at 1:30 p.m. in Harris Hall. Cornacchia MOVED, Rust SECONDED. VOTE: 5-0.
9. CONSENT CALENDAR
A. Approval of Minutes:
August 31, 1994, Regular Meeting, 9:00 a.m.
August 31, 1994, Regular Meeting, 1:30 p.m.
February 7, 1995, Regular Meeting, following HACSA
February 21, 1995, Work Session, 9:00 a.m.
February 21, 1995, Work Session, 1:30 p.m.
February 22, 1995, Regular Meeting, following HACSA
February 22, 1995, Regular Meeting, 1:30 p.m.
B. County Administration
1) ORDER 95-4-19-7/In the Matter of Amending Chapter 3 of the Lane Manual to Change the Information Systems Steering Committee to the Technology Management Team.
2) ORDER 95-4-19-8/In the Matter of Amending Chapter 3 of Lane Manual to Revise Scope and Function of the Economic Development Committee (LM 3.515(1)(iv)).
C. Human Resources and Management Services
1) ORDER 95-4-19-9/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property: One-Half to Alfred A. and Jacqueline H. Allen and One-Half to Randolph A. and Judy E. Allen (Map/Tax Lot #21-35-16-41-06500, Adjacent to 76359 Park Street, Oakridge).
2) ORDER 95-4-19-10/In the Matter of Appropriating $5,418 in the Department of Human Resources & Management Services in the General Fund.
D. Public Works
1) ORDER 95-4-19-11/In the Matter of Entering Into an Agreement With the Western Federal Lands Highway Division (WFLHD) for the Sweet Creek Road Improvement Project.
2) ORDER 95-4-19-12/In the Matter of Entering Into an Agreement With Oregon Department of Transportation (ODOT) for the Rehabilitation of Dorena Covered Bridge.
3) ORDER 95-4-19-13/In the Matter of Accepting the Bids Selling Parcels of Surplus County Owned Real Property, to Include a Portion of Tax Lot 17-04-25-21 7107 (Briarcliff Place) and a Portion of Tax Lot 17-04-23-44 7000 (Knapp Lane).
4) ORDER 95-4-19-14/In the Matter of Approving a Project Design Concept for Improvement of Centennial Boulevard.
5) ORDER 95-4-19-15/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Woodson Street and Central Boulevard (18-03-09).
6) ORDER 95-4-19-16/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Ferguson Road (15-05-29, 15-05-30).
MOTION: Approval of the Consent Calendar. Weeldreyer MOVED, Green SECONDED. VOTE: 5-0.
10. COUNTY COUNSEL
a. THIRD READING AND SETTING FOURTH READING AND PUBLIC HEARING/Ordinance No. 3-95/In the Matter of Amending Chapter 4 of Lane Code to Delete $20/Day Car Rental Tax Exemption, Dedicate that Share of Revenue to County General Fund and a Sunset Date of July 1, 1996 (Fourth Reading and Public Hearing: May 3, 1995, 1:30 p.m., Harris Hall Main Floor).
Dumdi read this Ordinance into the record. MOTION: Approval of the Third Reading and Setting Fourth Reading and Public Hearing for May 3, 1995 at 1:30 p.m. in Harris Hall. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.
b. THIRD READING AND SETTING FOURTH READING AND PUBLIC HEARING/Ordinance No. 6-95/In the Matter of Amending Chapter 4 of Lane Code to Increase the Car Rental Tax and Dedicate that Share of Revenue to County General Fund (Fourth Reading and Public Hearing: May 3, 1995, 1:30 p.m., Harris Hall Main Floor).
Dumdi read this Ordinance into the record. MOTION: Approval of the Third Reading and Setting Fourth Reading and Public Hearing for May 3, 1995 at 1:30 p.m. in Harris Hall. Green MOVED, Weeldreyer SECONDED. VOTE: 5-0.
c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 8-95/In the Matter of Amending Chapter 4 of Lane Code Regarding the Car Rental Tax to Exempt Certain Recreational Vehicles, and to: (Options) a) Increase the Tax Rate to 12%; b) Increase the $20/Day Exemption to $25/Day; c) Delete the $20/Day Exemption and Enact a Temporary Replacement Vehicle Exemption; d) Eliminate the Collection Fee; e) Revise the Collection Fee; f) Reduce the Tax Rate to 9 1/2%, Delete the $20/Day Exemption and the Collection Fee; g) Dedicate a Portion of the Revenue to the County General Fund; h) Enact a Sunset Date of July 1, 1996. (Second Reading and Public Hearing: May 3, 1995, 1:30 p.m., Harris Hall Main Floor)
Dumdi read this Ordinance into the record. Teresa Wilson, County Counsel, asked if there were any other options the Board wanted to add or any options they wished to delete. MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for May 3, 1995 at 1:30 p.m. in Harris Hall. Rust MOVED, Cornacchia SECONDED. VOTE: 5-0.
11. HUMAN RESOURCES AND MANAGEMENT SERVICES
a. ORDER 95-4-19-17/In the Matter of Establishing New Classifications and Salaries, and Revising Compensation Levels for Revised Classifications as a Result of a Classification Review of County-Wide Computer-Related Positions.
MOTION: Approval of the Order. Cornacchia MOVED, Green SECONDED. VOTE: 5-0.
b. ORDER 95-4-19-18/In the Matter of Amending Order No. 95-3-8-16 Regarding the Authorization of Issuance of Limited Tax Revenue Bonds, 1995 Series A.
MOTION: Approval of the Order. Cornacchia MOVED, Green SECONDED. Wilson briefly reviewed the agenda material. VOTE: 5-0.
12. PUBLIC SAFETY
a. ORDER 95-4-19-19/In the Matter of Adjusting Certification Pay for Sergeants in the Department of Public Safety.
John Clague, Captain, Sheriff's Office, briefly reviewed his agenda memorandum. MOTION: Approval of the Order. Cornacchia MOVED, Weeldreyer SECONDED. VOTE: 5-0.
13. YOUTH SERVICES
a. ORDER 95-4-19-20/In the Matter of Approving an Application for $80,000 for '95-'97 to the National CASA Association by the Lane County Commission on Children & Families.
MOTION: Approval of the Order. Cornacchia MOVED, Weeldreyer SECONDED. VOTE: 5-0.
14. EMERGENCY BUSINESS
3. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer indicated that she was scheduling ride-alongs/shadow opportunities with various County staff to gain a better understanding of what the employees do.
Rust commented that he rode with Animal Control Monday morning and it was a good learning experience.
Rust stated that he would be testifying next week in Washington, D.C. on topics related to forestry and clean water. He indicated that he would be hooked up electronically on the Public Works budget portion of the Budget Committee meeting.
Dumdi reported on a call from the Governor's office indicating that the starting date for inmate transfers has been postponed from July 1 to February 1.
Dumdi discussed a letter from LCOG regarding the Metro Plan update (see material on file). She noted that they are requesting representatives from East Springfield and River Road and asked Cornacchia and Green to serve. Van Vactor observed that the letter used the term "update," mentioning that he was only familiar with periodic review. Van Vactor indicated that he will work with Wilson to make sure this is only periodic review.
Dumdi indicated that she would continue representation on the Coastal Policy Advisory Committee.
There being no further business, this meeting adjourned at 11:42 a.m.
Sharon Giles, Board Secretary