APPROVED 6/7/95

May 3, 1995
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 1:30 p.m.

Chair Ellie Dumdi presided with Commissioners Cindy Weeldreyer, Steve Cornacchia and Bobby Green present. Commissioner Rust was excused. Jerry Pierce, Recording Secretary.

13. COMMISSIONERS' ANNOUNCEMENTS

None.

14. PUBLIC HEARINGS

a. 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.

b. 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.

c. 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.

Chair Dumdi read all three ordinances into the record and opened the joint public hearing.

Teresa Wilson, County Counsel, explained that the car rental tax is ten percent of gross rental fees paid by customers and collected by the car rental agencies. She said the various options before the Board were all intended to manage problems and produce needed revenue. There being no questions from the Board, the public hearing was open.

Chuck Pape, 20 Coburg Road, owner of Premier Car Rental, testified on behalf of the local, in-town replacement rental car industry and said they were in favor of A, increasing to 12%; C, deleting $20 exemption; and in favor of eliminating the collection fee, D. He was not in favor of the sunset clause.

Darrell Green, Enterprise Rent a Car, 810 West 6th Avenue, Eugene, also testified in favor of A,C and D, and against a sunset clause.

Cheryl Mills, 169 West 6th, Budget Rent a Car, testified on behalf of a number of people at the airport car rental agencies who are opposed to a tax increase. She advocated deleting the $20 exemption and maintaining the collection fees. She said if exemptions were to be made, they should be made for people who are paying the fee themselves, not those being paid for by another party, such as an insurance or claims firm.

Jeff Caldwell, TurnKey RV Rentals, 2310 Main, Springfield, asked if the proposed amendment to delete RVs from the licensing fee could go into effect immediately if it was so voted on.

Teresa Wilson said it was technically possible but it was very risky for governments to do that because of the potential for referendum petitions.

Dumdi closed the public hearing.

MOTION: Adoption of 14.c., Ordinance No. 8-95 A, C, D, G and H. Green MOVED, Cornacchia SECONDED.

There was discussion regarding the sunset clause and Commissioner Dumdi suggested a more appropriate method of review might be to schedule it as an agenda item at a later date. It was agreed that Bob Keefer will bring this item back to the first Board meeting in February for review.

Green withdrew his motion and moved to Adopt 14.c., Ordinance No. 8-95 A, C, D, and G.

Dumdi said she was not in favor of A and D. She was in favor of C and G. There was a discussion on the amounts of money that would be realized from the enactment of different options and a discussion of the unknowns.

MOTION: Adoption of 14.c., Ordinance No. 8-95 C, D, and G. Cornacchia MOVED, Green SECONDED. VOTE: 4-0.

d. PUBLIC HEARING AND ORDER 95-5-3-20/In the Matter of Adopting the Public Works Five-Year Capital Improvement Program FY 95/96-FY 99/00.

Ollie Snowden reviewed the final draft of the Public Works Five-year Capital Improvement Program and highlighted some projects and suggested changes.

In response to a question from Green regarding road funds, Snowden explained how money is allocated for specific projects as placemarkers with the understanding that if those projects happen, the money is there, and in the event projects do not happen, the money is then reallocated.

Dumdi said she had heard erroneous information on the radio regarding Lane County's road funds and suggested the need to get the correct information out to the public. She also suggested a meeting with the city council to correct some information.

Dumdi opened the public hearing.

Bill McGriff, 87946 Dowdy Lane, Springfield, testified he had presented a petition for a Deerhorn safety path and had been invited back to discuss funding. He stated he had met with Doug Putchler and that they had gone along Deerhorn with another engineer. He said it was their opinion it was operational to put a three-foot-wide path on the north side of the lower part of Deerhorn, giving more room for school buses and pedestrians. He said additional guard rails were also needed and his understanding was that it could be done within a maintenance budget.

Blake Hastings, 880 S. 5th, Springfield, discussed Mt. Vernon Cemetery Road. He testified about the practicality of the project over the long term and said he was concerned that it was a major policy shift from the longer-established policy to extend the Eugene-Springfield Highway through the Jasper Road connection and requested reconsideration. He talked about acquisition of right-of-way infringing on property owners.

Commissioner Cornacchia said he thought it would be inappropriate to change the CIP based on information received today and suggested Mr. Hastings be involved with further discussions which were already scheduled.

Richard Kutch, 84439 Clear Lake Road, thanked Public Works for widening Canary Road and said that it was a significant safety enhancement. He said he was concerned that the safety shoulder being added on both sides has dual usage for pedestrians and cyclists and suggested a physical separation and that the area set-aside be on one side of the road only. As a volunteer firefighter, he also thanked the Commissioners for signing the certificates last fall.

Willie Combs, 334 Scottsglen Drive, Springfield, testified he had received notice that his suggestion for Laura Road had been turned down. He said the death on Game Farm Road had since happened and he felt the situation on Laura was far more difficult and dangerous. He urged reconsideration and further discussion and said help was badly needed for this serious situation.

Teresa Lanasa, 88530 Nelson Mt. Road, Walton, testified regarding Nelson Mt. Road. She said she had contacted other residents to get a consensus regarding paving. She had then petitioned the Roads Advisory Committee requesting that the paving of Nelson Mt. Road be added to the County's CIP. She said the committee had shifted their focus from paving to the possibility of increased maintenance and dust control. She testified she was not satisfied with this. She discussed narrow areas of the road and residents with lung problems and asked again to be reconsidered in the CIP, if not for full paving, then perhaps for widening the road in spots.

Ollie Snowden said he had met with residents regarding Nelson Mt. Road 5 or 6 years ago and it was made very clear they were opposed to paving. He said he would be willing to meet with the residents again and that staff will take it under advisement and review.

Dumdi closed the public hearing.

Commissioner Cornacchia said he was comfortable with the recommended changes from the Roads Advisory Committee and those of staff. He said he would advocate for a $40,000 or $50,000 addition to the CIP for Game Farm Road and for staff to look at Laura Street again. He stated there are discussions occurring concerning 57th, Mt. Vernon and Ridgeway.

Commissioner Green said he was prepared to support the CIP with the suggested recommendations and the addition of Game Farm Road.

Commissioner Weeldreyer recommended moving the Blue River intersection project to the third year of the CIP. There was consensus from the Board to look at that as an improvement to Blue River Drive and to add $50,000 now as a placemarker.

MOTION: Approval of the Order. Cornacchia MOVED, incorporating recommendations of the Roads Advisory Committee, recommendations and notes of staff's presentation, inclusion of $50,000 marker in third year of the CIP to Blue River Drive, and a $40,000 marker as soon as possible for Game Farm Road. He suggested the amount for Willamette Street be the amount arrived at by the Board of County Commissioners, and asked for a work session within 60 days regarding Deerhorn. Weeldreyer SECONDED. VOTE: 4-0.

15. OTHER BUSINESS

John Goodson talked abut the McKenzie Hatchery project and said that the County is required to provide to BOLI a list of public improvement construction in the coming fiscal year. He stated the list would include other public works projects such as the Dexter shop, improvements to waste management, parks improvements, and improvements from other departments. He said the list will be coming back to the Board on May 16 for final approval.

Weeldreyer provided information to the Board from L-COG on the McKenzie Watershed issue and asked that the Board get back to her before next week or she would assume they agreed with what had been done in the work session.

Cornacchia was excused from the meeting but said he would advocate transferring the roads as proposed in item #95-4-18-2, and to not grant an extension on Westfir.

ORDER 95-4-18-2/In the Matter of the Surrender of Seven County Roads or Portions Thereof to the City of Eugene.

Dumdi read the Order into the record.

In response to a question from Green regarding the impact of surrendering county roads or portions thereof to the City of Eugene, John Goodson said the transfer is for non-disruptive maintenance of contiguous road sections. He said there is an agreement with the City of Eugene that tries to create a balance between what the city maintains and what Lane County maintains of each other's roads.

MOTION: Approval of Order 95-4-18-2. Green MOVED, Weeldreyer SECONDED. VOTE: 3-0.

16. EXECUTIVE SESSION as per ORS 192.660

None.

9. CONSENT CALENDAR

E. Human Resources and Management Services

2) ORDER 95-5-3-8/In the Matter of Executing a "Declaration" on County-Owned Real Property In Order To Facilitate Removal of a Lien by the U.S. Environmental Protection Agency (Assessor's Map #21-25-12-41-04600; 21-35-07-40 Tax Lots 102, 103, and 125--The Former Hines Mill Site, Westfir, OR).

This item carried over from the morning meeting.

Jeff Turk said the EPA requires the County to record a declaration in order to remove the lien on the property.

Teresa Wilson said the declaration states that it is a former mill site and that some clean-up has been done. She said if asbestos is found in the soil, nothing prevents the EPA from going back to the former owner but Lane County does not bear any liability for that because of its acquisition of the property through foreclosure.

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

17. EMERGENCY BUSINESS

a. ORDER 95-5-3-21/In the Matter of Authorizing the County Administrator to Execute a Purchase Option Agreement for County-Owned Real Property Known as the Westfir Mill Site.

Jeff Turk said Mr. Norm Foglestrom had purchased Mr. Thompson's right to the option now in existence and was asking for a 90-day extension. Turk said staff recommends letting the option run its course which would not preclude Mr. Foglestrom from making an offer if the option is not exercised. Turk said the property is zoned industrial now and any re-zoning would need to be done with the City of Westfir.

Mr. Foglestrom said he had only become involved in the past 30 days, was working with DEQ, and was asking for an additional 90 days to do more investigation on the land. He said the property is in bad shape and felt the County may have some liability. He said he had been to Westfir and met with the City Council. He said the City of Westfir doesn't want to take the property because of the liability. He said DEQ had started a file review that day.

Weeldreyer expressed a desire to grant the extension but said she would support staff recommendations.

MOTION: Adoption of the Order. Weeldreyer MOVED to allow the option to run its course and to not grant an extension. Green SECONDED.

After further discussion, Commissioner Weeldreyer withdrew her motion but there was no second.

MOTION: Adoption of the original motion to let the option run its course and not to grant an extension. VOTE: 3-0.

There being no further business, this meeting adjourned at 5:20 p.m.

Jerry Pierce, Recording Secretary