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August 13, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.

Chair Cindy Weeldreyer presided with Ellie Dumdi and Peter Sorenson present. Steve Cornacchia and Bobby Green, Sr. excused. Zoe Gilstrap, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

Weeldreyer announced an 11:45 a.m. time certain for executive session and identified one item of emergency business.

2. PUBLIC COMMENTS

Matt G. Laubach, 184 E. 26th Avenue, Eugene, stated that he was here as a follow-up to a previous conversation regarding access television and a meeting with the Metropolitan Policy Group. He remarked that Sorenson suggested that there was a possibility that Harris Hall could be used for town meetings, noting that he has a number of town meetings he would like to hold. Laubach observed that because there have been no guidelines set for that type of use, Harris Hall cannot be scheduled at this point. He said he is requesting that the Board create those guidelines.

David Raymond, 3415 Hyacinth, Eugene, stated that he was the current president of Access Video which is a nonprofit support group for community television. He invited members of the Board to join a group he is organizing to view community television in Salem. Raymond remarked that he would like at least two Commissioners as well as city council members to join a small group for a meeting which will probably take about five hours. He addressed Laubach’s request, voicing his support for the use of Harris Hall and having guidelines created. Raymond stated that he would like to see more use of this facility so that information can be provided to the public. He referred to Cascadia Live and their successful programming.

Van Vactor responded that Harris Hall, absent the video, is available for public use at no cost, however, the use of the television and video capabilities present an issue due to the level of management required. He explained that there is a concern with qualifications and knowledge of the system as well as with the cost of replacement of equipment.

Weeldreyer suggested that a scoping be done to determine how much staff time would be required to create the requested guidelines.

Van Vactor stated that he would report back in 30 days with that information.

3. COMMISSIONERS' ANNOUNCEMENTS

Sorenson suggested that the Board invite the legislative delegation to a meeting for their thoughts, observations and advice regarding the past and future legislative session. He noted that Representative Piercy has been elected unanimously as the House Democratic Leader.

There was consensus to direct Roy Burns to invite the legislative delegation for a debriefing meeting.

Sorenson discussed the health consequences of tobacco use by youth and asked about looking into the County’s outdoor advertising policy. He referred to Baltimore County who instituted an outdoor advertising restriction aimed at protecting children, stating that this ordinance was taken to the supreme court by the tobacco industry. Sorenson remarked that the ordinance was approved as a valid way to protect the interest of children. He suggested looking at a similar ordinance in Lane County, noting that Lane County is one of the worst counties in the state in terms of the increased use of tobacco by children.

Teresa Wilson, County Counsel, stated that there would need to be a scoping of the issue because she could see this affecting a number of different departments. She said outdoor advertising may play into a land use arena and said there are First Amendment implications, stating that this is not a small project and there would be a high likelihood of litigation afterwards.

Pat Rogers, Director, Children and Families, stated that they have been awarded a Community Partnership Grant, which is a federal grant for alcohol, drug and tobacco abuse and said there is a coalition steering committee that has a plan to reach kids and tobacco already in effect. She said, in addition, there is a high probability that they will be getting another tobacco prevention and education grant from the state that will go directly to the Public Health Department who will coordinate with the coalition steering committee. Rogers stated that the goal is to increase tobacco free environments in Lane County and to decrease tobacco advertising and promotion in Lane County.

Wilson stated that perhaps this steering committee could be asked to consider Sorenson’s request.

Sorenson stated that he did not mean to reinvent the wheel, stating that there is a county ordinance that was already heavily litigated by the tobacco industry, noting that he had hoped to take that ordinance and put it in place in Lane County.

Rogers stated that she could discuss options with the steering committee regarding this matter.

There was agreement that Rogers would discuss the results of her discussion with the coalition steering committee with Wilson and Sorenson and then come back to the Board with a report at a future meeting.

Dumdi reported that she spent time at the fair, stating that she was impressed with the new grounds and the large crowds. She said that she believed the free parking has something to do with the large crowds. Dumdi noted that she will be serving cake and ice cream to senior citizens. She remarked that the Scandinavian Festival was very successful.

Weeldreyer recognized the County departments that had displays or booths at the fair.

4. COMMISSIONERS' BUSINESS

a. UPDATE OSU Extension Service.

Janet Calvert stated that she would be providing information about programs in the Extension Service and would be back in a couple weeks to discuss funding issues. She pointed out that five young Lane County residents were selected as 4-H ambassadors, noting that they will be attending the 4-H Congress this fall which is a great leadership opportunity for them.

Calvert addressed the Expanded Food and Nutrition Education Program, explaining that it is a nutrition education program for families with limited income and has been in existence in Lane County since 1969. She explained that they have trained paraprofessionals that go into homes in the community to teach nutrition to families living on a limited income or to groups, such as teen parent groups at high schools. Calvert said their approach to teaching people how to change their eating habits is to focus on hands-on learning. She gave a brief visual demonstration, illustrating the amount of sugar found in some products. Calvert stated that they teach cooking to families to demonstrate how to save money and eat more nutritiously by cooking from scratch. She remarked that they emphasize that homemakers build on their own strengths while giving them personal attention and support.

Sorenson requested that Calvert provide an update on the appropriations for the Expanded Food and Education Program at a future quarterly report to the Board.

Calvert responded that she would be happy to provide that information.

5. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. UPDATE Facilities Capital Improvements Projects.

David Suchart reported that they are trying to finalize the last parts of the design on the juvenile justice center in order to begin construction documents. He stated that they will have a meeting on Monday in preparation of the guaranteed maximum price. Suchart remarked that he was at the Elks Lodge with potential contractors for the asbestos abatement and demolition, noting that the request for proposal is out, with bids coming in next Tuesday. He said the last piece of the Conditional Use Permit is ready to be put in place and that they are now moving into the building permits phase. He noted that there is a display at the County Fair showing the main building. Suchart stated that the ground breaking will be in mid-September.

Van Vactor remarked that he wants to invite Lane County’s congressional delegation to the ground-breaking ceremony and will coordinate with their schedules before a specific date is set.

Suchart stated that things are moving rapidly with the Adult Corrections addition, noting that the architects are working on an expedited design process. He remarked that though this project did fall behind schedule, he believed that it soon will be caught up due to the commitment of everyone involved. Suchart noted that the Conditional Use Permit has been submitted with the public hearing scheduled for September 10. He commented that they are still working with the Federal Marshal and are hoping for a funding commitment by October.

Suchart stated that he will be back before the Board in two weeks to report on the plaza and the change to that area due to installation of the new roof. He reported that the annex roof is proving to be quite a challenge as far as being able to maintain working conditions because they have been unable to keep the air-conditioning system stable. Suchart projected that all the roofs will be completed by October 1.

Referring to the security system, Suchart stated that Judge Leonard has determined rules regarding access to the building, noting that they are planning to implement the courthouse security on October 1. He referred to an engineering and security problem with the doorways that lead to the roof of LCOG, stating that a decision was made to close that access to the outside.

Weeldreyer recognized and thanked Jack Miller and staff, the roofing crew and the contractor, noting the good job they have done regarding this project.

b. ORDER 97-8-13-1 Authorizing the County Administrator to Sign an Amendment to Agreement Between Owner and Construction Manager for the Lane County Juvenile Justice Center.

David Suchart stated that this was a policy issue because the agreement between the Juvenile Justice Operations’ Team and the Board was that they would not do any construction until they had the guaranteed maximum price (GMP) in place. He said they had planned to start construction last April but due to the negotiations over the Elks’ Lodge, that schedule was thrown out and, rather than incur costs on continued design, they went into a hiatus period until the negotiations were completed. Suchart explained that in order to begin construction before the weather changes, the team felt that it was important to have the construction manager proceed with the demolition, asbestos abatement and rough grading prior to completion of the GMP. He said this work is something that needed to be done regardless of the design on the building or what the GMP is and estimated a substantial savings by not waiting until spring. Suchart said that due to the agreement they have with the Board, he is now asking that they be allowed to proceed.

MOTION: Approval of the Order.

Dumdi MOVED, Sorenson SECONDED. VOTE: 3-0.

The next two items were taken together along with 5.e. 1, 2, and 3.

c. ORDER 97-8-13-2 Ratifying the Tentative Agreement Between Lane County and the Public Works Administrative, Professional and Technical Employees Bargaining Unit.

d. ORDER 97-8-13-3 Ratifying the Tentative Agreement Between Lane County, the Sheriff and the American Federation of State, County, and Municipal Employees, Local 2831.

5. HUMAN RESOURCES AND MANAGEMENT SERVICES

e. 1) ORDER 97-8-13-4 Approving a Wage Adjustment and Amendment to the Compensation Plan for Nonrepresented Employees of Lane County and Fairboard Employees.

e. 2) ORDER 97-8-13-5 Approving a Wage Adjustment for Lane County Elected Officials.

e. 3) ORDER 97-8-13-6 Approving an Amendment to the Employment Contract of the County Administrator to Include a Wage Adjustment.

David Suchart, Human Resources and Management Services Director, stated that he was pleased to announce that there has been ratification of the agreements by the Admin and Professional group and the AFSCME employees. Regarding non-represented employees, department managers and elected officials, Suchart explained that Lane County policy has been to follow through on a compatibility with the other offers that are made to comparable employees throughout the organization. Suchart noted that they are still in negotiations and that there are four contracts yet to be ratified. He introduced Mary Dutton and Don Nichol.

Dutton, President AFSCME, thanked the County and the membership, stating that they all worked hard in their bargaining teams during the difficult bargaining session. She said they achieved long-term savings for Lane County and compensation for their members. Dutton stated that this was a difficult contract to sell and that AFSCME went out to Florence, the Justice Courts and all areas of Lane County to reach as many of their members as they could to allow them to participate and have information. She said they had a 58% membership vote with 73% voting to ratify.

Don Nichols stated that they appreciate the County’s desire to come through with an agreement and to work with the bargaining units. He said they had 85% of their members voting with also 73% agreeing.

Van Vactor thanked the representatives from the Unions as well as management and, in particular, thanked Ruth Larson for the tremendous job she had done in addressing the many complex issues and in putting together a package containing mutual accommodations between the two sides.

MOTION: Approval of Orders 97-8-13-2; 97-8-13-3; 97-8-13-4; 97-8-13-5; and 97-8-13-6.

Dumdi MOVED, Sorenson SECONDED.

Sorenson voiced his concern in approving the last three orders until the remaining four contracts have been approved by the members and noted that the main issue today is to approve and ratify the agreements made between the bargaining groups and the County. He stated that he just wanted to make it clear that his reason for voting for this today is because the bargaining groups that have come forth with an agreement with the County.

VOTE: 3-0.

6. EXECUTIVE SESSION as per ORS 192.660

Time certain at 11:45 a.m.

7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor stated that the Management Team is meeting Friday morning with representatives from Coopers & Lybrand to discuss the computer conversions, the new financial systems and the organization structure of the IS Department. He said they will be addressing concerns of department directors. Van Vactor noted that Commissioners Dumdi and Weeldreyer have been invited as the technology management team component from the Board.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. PA 2000 Naming a Public Road Bobcat Boulevard (18-03-29) (Second Reading & Public Hearing: September 10, 1997, 1:30 p.m., Harris Hall Main Floor).

MOTION: To set Second Reading and Public Hearing on September 10, 1997, 1:30 p.m. in Harris Hall.

Dumdi MOVED, Sorenson SECONDED. VOTE: 3-0.

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. PA 2001 Naming a Private Road Hollis Lane (16-04-31 & 17-04-06) (Second Reading & Public Hearing: September 3, 1997, 1:30 p.m., Harris Hall Main Floor).

MOTION: To set Second Reading and Public Hearing on September 3, 1997, 1:30 p.m. in Harris Hall.

Dumdi MOVED, Sorenson SECONDED. VOTE: 3-0.

Dumdi noted that this road is named in honor of Orlando Hollis, a longtime attorney and dean of the school of law at the University of Oregon and active in all the airport activities over the years.

Sorenson stated that Hollis was also president of the University of Oregon during World War II and has been the chair of the Airport Advisory Committee for the city of Eugene for many years.

9. CONSENT CALENDAR

A. Approval of Minutes:

May 27, 1997, Work Session, 9:00 a.m.

July 30, 1997, Regular Meeting, 9:00 a.m.

B. Health and Human Services

1) ORDER 97-8-13-7 Approving the Submittal of a Supportive Housing Program Grant to the U.S. Department of Housing and Urban Development in the Amount of $1,372,434.

C. Human Resources and Management Services

1) ORDER 97-8-13-8 Authorizing the County Administrator to Sign an Intergovernmental Agreement With the City of Eugene for a Bicycle Path Near the Juvenile Justice Center.

D. Public Safety

1) ORDER 97-8-13-9 Authorizing an Intergovernmental Agreement With Willamette National Forest for Cannabis Eradication.

2) ORDER 97-8-13-10 Authorizing an Intergovernmental Agreement With Willamette National Forest for Recreational Support/Law Enforcement.

E. Public Works

1) ORDER 97-8-13-11 Awarding a Contract to Johnson Rock Products, Inc. for Slide Repair - Shoestring Road (MP 0.40-MP .80 and MP 3.00), Contract No. 97/98-03.

2) ORDER 97-8-13-12 Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Improvements to 6th Street South from Johnson Avenue to the I-5 Interchange, Including Assessments (Public Hearing: September 3, 1997).

F. Youth Services

1) ORDER 97-8-13-13 Authorizing the Department of Youth Services to Submit a Continuation Grant Application for $165,001 to Criminal Justice Services Division for Year Two Funding for the Violent Offender Rehabilitation Treatment Program.

MOTION: Approval of the Consent Calendar.

Dumdi MOVED, Sorenson SECONDED. VOTE: 3-0.

10. COUNTY COUNSEL

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 11-97 Amending Chapter 4 of Lane Code to Exempt Disaster Victims From Transient Room Tax (LC 4.125) (Second Reading and Public Hearing: August 27, 1997, 1:30 p.m., Harris Hall Main Floor).

Teresa Wilson, County Counsel, gave a brief overview of this item (see material on file). She noted that this will not have a significant impact on the collection rate for the room tax as a whole and has sent a copy of the material to both the Red Cross and the Convention of Visitors Association (CVALCO).

MOTION: Approval of the Order.

Sorenson MOVED, Dumdi SECONDED. VOTE: 3-0.

11. REVIEW ASSIGNMENTS

Van Vactor to bring a report to the Board regarding scoping to provide guidelines for Harris Hall rental.

Sorenson and Pat Rogers to work with the coalition for scoping and legwork regarding the tobacco issue and outdoor advertising. Rogers to report back to the Board.

Roy Burns to initiate a legislative debriefing work session to review the legislative session and plan strategy for next.

Peter Thurston will get application completed for the Brownsfield grant and see that a copy of the Order is sent to the private developer.

12. EMERGENCY BUSINESS

Weeldreyer explained that Lane County is the property owner of the tax-foreclosed Westfir Mill site and has had ongoing conversations with the Westfir City Council to get a determination on the level of contamination on that site. She explained that this is prime riverfront real estate property and is probably the most important decision that the city council and county commissioners will make for Westfir. Weeldreyer reported that LCOG has found this EPA Brownfield grant that provides money to rehabilitate properties that have contamination for redevelopment. She said LCOG has put together this application with the City of Westfir as the applicant, however, they have said they did not feel comfortable being the applicant because they were not the property owner. Weeldreyer stated that Westfir asked that the County apply, stating that this matter is before the Board to get approval to do so. She referred to Jeff Turk’s, Lane County Property Manager, memorandum, noting his support (see material on file).

Peter Thurston, Economic Development Coordinator, stated that this is a brand new program through EPA and noted that Westfir is a part of an environmental partnership program through DEQ, and that the mill site is included, noting that this fits together nicely as a multi-agency, interagency effort. He said he sees no risks in making the application, explaining that there will be an opportunity, if the award is made, to determine whether there are strings and risks that would be beyond what the County would be willing to accept. Thurston stated that this would be very helpful to evaluate what the best next step is to put the mill site back on the tax roles and said this is essential to the survivability of this small community, noting that it is the only industrial site in the area.

Van Vactor stated that on behalf of Commissioner Green, he questioned the implications on the current proposal and said this could significantly affect the timing of that proposal.

Weeldreyer remarked that the developer would be limited in what they can do because of the city’s time line in upgrading their water and wastewater systems and agreed that it will have an impact on the terms of the sale in its current proposed form, but, as the seller of this property, Lane County needs to make sure it makes the best decision in the interest of the public.

MOTION: To authorize the County Administrator to Proceed with Making an Application to the Environmental Protection Agency for the Brownfield Grant for Funds to do a Level II Assessment of the Westfir Mill Site Property.

Weeldreyer MOVED, Dumdi SECONDED.

Sorenson suggested that, after the application is made, the Board notify Lane County’s lobbyist, Smith Dawson, and congressional delegation.

Van Vactor stated that he would contact Smith Dawson for advice but recommended that he first consult with Smith Dawson before he contact the congressional delegation.

VOTE: 3-0.

There was consensus to notify the developer of this action.

There being no further business, this meeting adjourned at 11:21 a.m.

 

Zoe Gilstrap, Recording Secretary

 

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