APPROVED 6/28/95

March 8, 1995
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - following HACSA

Chair Ellie Dumdi presided with Jerry Rust and Cindy Weeldreyer present. Steve Cornacchia and Bobby Green, Sr. excused. Sharon Giles, Recording Secretary.

1. PUBLIC HEARINGS

a. SECOND READING AND PUBLIC HEARING/Ordinance No. 4-95/In the Matter of Amending Chapter 4 of Lane Code to Delete References in the Lane County Transient Room Tax to the 1977 Voter Approved Fairgrounds Bonds Which are Now Fully Paid, and References to the 1994-95 Fairgrounds Projects.

Dumdi read this Ordinance into the record. Teresa Wilson, County Counsel, briefly reviewed this item (see material on file). Dumdi opened the Public Hearing. There being no one present who wished to testify, Dumdi closed the Public Hearing. MOTION: Approval of the Ordinance. Rust MOVED, Weeldreyer SECONDED. The Secretary polled the Board. VOTE: 3 Ayes.

b. PUBLIC HEARING AND FINAL ORDER/In the Matter of the Surrender of Seven County Roads or Portions Thereof to the City of Eugene.

Bob Ezell, Surveyor, reviewed this item for the Board (see material on file) and displayed a map on overhead projection. Ezell remarked that he had received numerous inquiries on this issue. Responding to Rust, Ezell confirmed that all of these roads are within the city limits of Eugene. Responding to Rust, Ollie Snowden, County Engineer, stated that these transfers are basically the result of the urban transition agreements.

Dumdi opened the Public Hearing.

Jim Seaberry, 3294 Stark Street, Santa Clara, remarked that his concern is with regard to island annexations. He questioned whether the city would be ticketing more aggressively to help pay for its police protection on these streets. Seaberry likened this to island annexation of roads.

Jean Lake, 130 E. Hillcrest, indicated that she does not want spot annexation of roads. She stated that the city is not capable of taking care of the roads it already has. Lake suggested that a vote on these transfers wait until the other commissioners are present.

Melva Barnes objected to this item, stating that this is the next step for a quick annexation without ever having the right to vote.

Steven Vaughn, 165 Briarcliff Drive, stated that this issue is confusing with regard to services. Bill Van Vactor, County Administrator, observed that this is strictly the transfer of roads that are already within the city limits.

G. L. Churchill, 2745 Ladarrah Street, expressed concern that in order to do any improvements on property, it is necessary to agree to annexation.

Bob Fauvre, 2979 Miranta Street, Santa Clara, stated that he agrees with all previous speakers. He indicated that he was opposed to this matter because of destruction of the area's quality of life.

Wanda Simmons, 1183 Skipper Avenue, remarked that Labona Street is not in the city limits and the residents on that street don't believe they have been annexed. She questioned who would pay for improvements on these streets if they were required by the city. Simmons displayed some pictures of Labona Street for the Board. She asked why the name Molly Lane was chosen over the name Bob Evans Parkway. She asked whose public interest is being served. Simmons stressed that she expects to be represented by her county commissioners.

Marie Gray, 353 Knoop Lane, distributed a handout which included a copy of ORS 373.270 dealing with the transfer of roads within the cities. She asked that legal staff take note of this statute. Gray asked that staff review it before any formal action by commissioners. She questioned who would fix the roads that are annexed and whether they would be brought up to city standards, with sidewalks, etc. and then who would have to pay for that. Gray asked for postponement. She questioned whether Old Maxwell Road area was annexed into the city.

Juliet Nalven, 265 W. Hilliard, remarked that everyone is worried about annexation. She expressed concern that Green was absent from this meeting.

Jerry Lake, 130 E. Hillcrest Dr., asked the Board whether a decision would be made by just the three commissioners present today. He noted that there are 11 people here today objecting to this issue.

Neal Hyatt, 740 Madison, asked for clarification regarding the county providing road maintenance funds to the city. Dumdi explained that these payments were part of the urban transition agreement. Hyatt noted that streets in his area of the city are in terrible condition and he questioned how the city can provide for new streets when it cannot take care of its existing ones. He asked how many other county roads the city is maintaining in anticipation of having them transferred to the city. Hyatt noted that Lane County's road fund has ample funds to take care of these roads, whereas the city does not.

Betty Donaldson, 398 Hawthorne, complained about how the roads have been kept up in her area, especially River Avenue which has been annexed by the city and "is a mess."

Mike Kelly, 1753 Oak Drive, asked whether the people who live on the roads being surrendered to the city are paying city taxes for the maintenance. He remarked that there is a lot of new development in the triangle area of roads. Kelly complained about having to annex to develop and expressed concern about island annexations. He stated that commissioners are obligated to give a "no" vote.

Van Vactor indicated that a work session could be planned to review the history of the urban transition agreements and the metro plan. Dumdi closed the Public Hearing. In response to Van Vactor, Dumdi remarked that a refresher course on urban transition may be good, especially for the new commissioners. Rust mentioned that, in general, if a property is in the city limits, then the roads should be transferred to the city. He remarked that he would probably be voting for this Order, but would be willing to go through the work session. Weeldreyer agreed that she does not have all the background on urban transition and expressed interest in a work session, especially since Green is absent. Van Vactor suggested that Snowden contact the city to amend the 150-day clause to avoid having to come back too quickly. Dumdi stated her preference for postponement and expressed concern about money being given from the road fund to the city for maintenance. MOTION: Set work session and deliberation/action for the morning of April 18. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

This meeting recessed at 2:51 p.m., to reconvene at 3:15 p.m.

2. PUBLIC WORKS

a. DISCUSSION/High Speed Rail and Rail Emphasis in Transportation Planning Activities Currently in Process.

John Goodson, Public Works Director, noted that rail alternatives are continuing to take a great deal of Public Works' time.

Roberts Krebs, Service Operations Manager for the High Speed Rail Corridor for ODOT, provided a brief overview on the rail system. He observed the ever-increasing population growth. Krebs stated that the rail corridor runs through 70% of Oregon's population. He noted that there are two trains presently using the corridor. Krebs observed that there is currently very limited funding for this project. He remarked that the best expenditure of funds at this time is to raise the minimum speeds to more realistic speeds of around 79 mph, enabling a run between Eugene and Portland in less than two hours. Krebs indicated that the cost of achieving this would be less than $60 million. He remarked that there is a $450 million estimate for building the system out to the full 125 mph service. Krebs stated that the real goal is to get passengers on the system. He stressed that the rail is not being developed to replace I-5, only to offer options. Krebs remarked that the rail system is being developed as a corridor system, from Eugene to Vancouver BC. He stated that in order to meet the needs of constituents, more convenient timing at signals/crossings near the railroad is being worked on.

Krebs responded to some of the issues outlined in the agenda memorandum. With regard to the 200+ crossings between Eugene and Portland, he noted that until 79 mph is attained, it is not necessary to close crossings; but he noted that with speeds over 79 mph it will be necessary to close crossings to make them safer. Krebs remarked that ODOT will be working with communities/jurisdictions regarding the development of bypasses. Responding to Dumdi's specific questions with regard to Junction City, Krebs discussed a variety of potential alternatives. He observed that the rail corridor will help reduce/delay the need for additional lanes on I-5. With regard to involvement, Krebs stressed that they want to work with all the agencies and are open for input at planning meetings, etc. He stressed that safety, liveability and social issues will be addressed. He summarized that this is a long-range project, stating that it will be a decade or more before there is substantial impact.

Responding to Rust regarding auxiliary lines, Krebs suggested contact with the public utility commission and with Ed Emell, Rail Freight Planner for ODOT. He noted the need to make sure equipment is compatible with a freight railroad. Krebs stated that the Mt. Rainier train will be run daily within the next few months between Eugene and Seattle. He remarked that ODOT is in the process of working on funding for the next biennium and is hiring a new manager for the entire corridor. Krebs indicated that the initial phases of an environmental impact study for the entire corridor has begun. Responding to Dumdi, Krebs stated that so far Oregon is the only state to receive significant funding from the federal government - $1 million obtained by Senator Hatfied. Dumdi remarked that Hatfield does not seem hopeful of acquiring any additional monies soon.

b. ORDER 95-3-8-1/In the Matter of Amending Board Order No. 93-7-14-13 to Modify the Approved Project Design Concept for Irving Road from Eagles on the Green to Highway 99.

Ollie Snowden, County Engineer, reviewed the agenda memorandum (see material on file), but recommended another option, not in the memorandum, which is to terminate the 3-lane section approximately at the driveway to Eagles on the Green and somewhat east of Prairie Road and then overlay the remaining section, using four foot shoulders for pedestrians and bicycle usage. He indicated that this is mainly an attempt to save money (approximately $250,000). MOTION: Approval of a corrected Order with the changes as recommended above. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

3. ADJUSTMENTS TO THE AGENDA

One item of Emergency Business was identified.

4. PUBLIC COMMENTS

Ivan Thompson, 3390 Kincaid, spoke with regard to item 9.C.2. He commented that there is a new mayor and city council for the city of Westfir, who may be interested in the property. Thompson asked for the opportunity to extend the option in order to meet with Westfir officials.

5. COMMISSIONERS' ANNOUNCEMENTS

To be held later in the meeting.

6. EXECUTIVE SESSION as per ORS 192.660

To be held at the end of the day.

  7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor reviewed next week's meeting schedule. He indicated that three citizen members of the Budget Committee are not available after 5:30 p.m. on Wednesday. Van Vactor stated that budget staff is attempting to move all schedules up, with the intent of making key decisions early Wednesday.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 2-95/In the Matter of Amending Chapter 5 of the Lane Code to Reinsert the Portions of the Infractions Procedural Provisions Inadvertently Omitted by Ordinance No. 1-93. (Second Reading & Public Hearing: March 29, 1995, 1:30 p.m., Harris Hall Main Floor)

Dumdi read this Ordinance into the record. MOTION: To approve the First Reading and set the Second Reading and Public Hearing for March 29, 1995, at 1:30 p.m., Harris Hall Main Floor. Weeldreyer MOVED, Rust SECONDED. VOTE: 3-0.

b. ORDER 95-3-8-2/In the Matter of Amending Chapter 5 of Lane Manual to Adopt an Appeal Fee and Make Housekeeping Revisions to Administrative Civil Penalty Provisions (LM 5.015, 5.020 and 5.025).

Ben Wilson, Land Management Manager, briefly reviewed this item. MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

c. ORDER 95-3-8-3/In the Matter of Transferring $235,000 Within the Solid Waste Fund (30) in the Department of Public Works (06) From Operational Contingency to Operational Expenditures.

Mike Turner, Waste Management Manager, reviewed this item (see material on file). Van Vactor emphasized that he and two commissioners had previously met with crew members at the site and they had made a strong case for these improvements. MOTION: Approval of the Order. Weeldreyer MOVED, Rust SECONDED. VOTE: 3-0.

9. CONSENT CALENDAR

A. Approval of Minutes: January 5, 1995, Special Meeting, 9:55 a.m.

January 10, 1995, Leadership Team Meeting, 9:00 a.m.

January 10, 1995, Work Session, 1:30 p.m.

January 11, 1995, Regular Meeting, 9:00 a.m.

January 11, 1995, Regular Meeting, following HACSA

B. Assessment and Taxation

1) ORDER 95-3-8-4/In the Matter of Refunds to John Hancock Properties LTD and Robert B. Van Pelt, Agent; and Metropolitan Life Insurance Co., c/o Fred Meyer, Inc. and David L. Canary, Attorney.

2) ORDER 95-3-8-5/In the Matter of Granting Property Tax Exempt Status, as Required by ORS 307.115 (Emerald Empire Gun Club).

C. Human Resources and Management Services

1) ORDER 95-3-8-6/In the Matter of Authorizing the County Administrator to Execute an Extension of the Option Agreement With McDonald's Corporation for the Broadway Motel/Original Pancake House Property.

2) ORDER 95-3-8-7/In the Matter of Authorizing the County Administrator to Execute a Thirty Day Extension to the Option to Purchase/Sale Agreement With Ivan Thompson for the Westfir Mill Site.

D. Public Safety

1) ORDER 95-3-8-8/In the Matter of Authorizing the County Administrator to Sign the Final Application Document for a Public Safety Community Policing Overtime Grant.

E. Public Works

1) ORDER 95-3-8-9/In the Matter of Awarding a Contract for Grading, Basing, and Structure - Currin Covered Bridge (Br. No. 20-3W-36) and Stewart Covered Bridge (Br. No. 21-3W-1B), Contract No. 94/95-09.

2) ORDER 95-3-8-10/In the Matter of Amending the Agreement Amount for Sanitary Sewer Reimbursement from the City of Eugene for the River Loop #2 to Carthage Avenue Improvement Project.

3) ORDER 95-3-8-11/In the Matter of Approving a Work Order for Revising the Short Mountain Landfill Development Plan and Performing Engineering Design of the Phase III Cell, and Authorizing the County Administrator to Execute the Work Order. (Craig Starr)

4) ORDER 95-3-8-12/In the Matter of Vacating McKenzie Rainbow P.U.D., as Platted and Recorded in File 73, Slides 578 and 579, Lane County Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-55-17).

5) ORDER 95-3-8-13/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for Maesner Street (17-04-10).

Weeldreyer asked that Items 9.B.2) and 9.C.2) be pulled from the Consent Calendar.

MOTION: To approve the balance of the Consent Calendar. Weeldreyer MOVED, Rust SECONDED. VOTE: 3-0.

B. 2) ORDER 95-3-8-5/In the Matter of Granting Property Tax Exempt Status, as Required by ORS 307.115 (Emerald Empire Gun Club).

Weeldreyer indicated that her concern relates to the $200 fine for reinstatement of an exemption. She recommended that staff look into providing a 90-day notification to people whose status is about to expire. The Board concurred and asked that Jim Gangle, Assessor, be asked to respond by memo regarding this issue. MOTION: Approval of the Order. Weeldreyer MOVED, Rust SECONDED. VOTE: 3-0.

C. 2) ORDER 95-3-8-7/In the Matter of Authorizing the County Administrator to Execute a Thirty Day Extension to the Option to Purchase/Sale Agreement With Ivan Thompson for the Westfir Mill Site.

Jeff Turk, Property Management Officer, reviewed this item for the Board (see material on file). He indicated that title problems have been cleared up. Weeldreyer observed there there has been contact from newly-elected officials in Westfir who may be interested in developing the property. She remarked that she does not have all the necessary information to make an informed decision at this time and asked that a decision be delayed until the next board meeting to allow for opportunity to gather more information. There was consensus to postpone this item until March 29. Turk clarified that the property is off the market.

10. HEALTH AND HUMAN SERVICES

a. ORDER 95-3-8-14/In the Matter of Increasing a .50 Accounting Clerk 1 to 1.0 FTE and Decreasing a 1.0 Senior Program Services Coordinator to .80 FTE in the Department of Health and Human Services.

Rob Rockstroh, Health and Human Services Director, reviewed this item (see material on file). MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

b. ORDER 95-3-8-15/In the Matter of Increasing a .75 FTE Public Health Nurse to a 1.0 FTE; Increasing a .75 Community Service Worker 2 to a 1.0 FTE; and Increasing a .50 FTE Office Assistant 2 to a .60 FTE.

This item was pulled from the agenda, with no return date noted.

11. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 95-3-8-16/In the Matter of Authorizing the Issuance of Limited Tax Revenue Bonds, Series 1995.

Randy Green, Finance Manager, reviewed the revised memorandum and Order (see material on file), noting the recommendations. Responding to Dumdi, Wilson indicated this has been discussed with Wes Brustad who feels comfortable with the October 1 date to report back to the Board with recommendations on relocation and the advisability of issuing bonds. MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

12. EMERGENCY BUSINESS

ORDER 95-3-8-17/In the Matter of Approving the Juvenile Training School Diversion Plan for the 1995-97 Biennium and Granting Authority to the County Administrator to Execute a Contract for that Purpose.

Responding to Rust, Van Vactor stated that any discussion/decision regarding elimination of the minority youth counselor program would come back before the Board. MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

5. COMMISSIONERS' ANNOUNCEMENTS

Rust announced that a new updated solid waste plan is being developed and that there will be forums on March 30 in Harris Hall, from 3:00 to 5:00 p.m. and 7:00 to 9:00 p.m. He indicated that this would be an opportunity for the public to provide input.

Dumdi stated that she and Weeldreyer recently returned from the NACo conference and will share information at the next meeting.

This meeting recessed into Executive Session at 4:35 p.m. to reconvene at 4:50 p.m.

12. EMERGENCY BUSINESS

ORDER 95-3-8-18/In the Matter of Accepting a Settlement Award in Petroleum Products Antitrust Litigation.

MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. VOTE: 3-0.

There being no further business, this meeting adjourned at 4:51 p.m.

 Sharon Giles, Board Secretary