February 24, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Commissioners' Conference Room - Following HACSA
Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Van Vactor stated he sent an E-Mail to the Board regarding Waste Management issues. He added Ken Sandusky wanted to know under what section this should be under.
Green responded it should be under Commissioners Business.
Weeldreyer requested the reconsideration of the vote on the McFarland Cemetery in Cottage Grove, be addressed under Commissioners Business.
Van Vactor noted that at 3:00 p.m. there will be a reception for the retirees.
2. PUBLIC COMMENTS
Jason R. Jones, 93590 Highway 99 S, #28, Junction City, read a copy of his letter about drug screening into the record. (Copy in file.)
Arthur Pope, 2621 Augusta, Eugene, said he is representing the Northwest Youth Corp. He said over the last four years the Northwest Youth Corp has operated a youth build program. He said in the last four years they have served over 100 youth and brought in over $1.5 million in HUD money to help support the community. He said with the last round of HUD funding, they were not successful in winning the grant and had to close the program down. He said in the past the Board of Commissioners has been supportive of their efforts to continue the program and he wanted to share they have received some funding from the Oregon Economic Development Department. He added that will allow them to continue to provide services for the next six to nine months. He said they will reapply for HUD funding and will be more competitive.
Gail Zadakis, 895 Glory Dr., Eugene, said she is present on behalf of a group that was formed in the River Road area, called Railroaded Residents. She said a letter was sent to Commissioner Green regarding the noise of the railroad for the new retarder ramp. She added that it is literally driving the neighborhood crazy. She said in addition, she distributed a map (copy in file), highlighting the streets of the people that either had been at the meeting or called in regard to the noise. She said she had spoken a few times with Mike Perteney in San Francisco who is the public relations person, and they are getting no results. She said the noise goes intermittently 24 hours a day. She said it started again last night at 9:30 p.m. and at 5:00 a.m. it was still going. She said they need help and do not know what to do about it. She said the noise is out of hand and they are asking for solutions to either put up a barrier, or go back to the old way of slowing down the trains. She added the ramp may be discontinued in May when the railroad moves, but there is no guarantee because they may lease the property to another railroad. She said they don't know if they would be able to sell their homes as the noise is absolutely intolerable. She added she wanted to be notified of any information the County could help with.
Sorenson stated he wrote an E-Mail in response to Commissioner Green's E-Mail, specifically pointing out that the County has had noise pollution and control issues brought up by the speedway in Cottage Grove, the construction of a soundwall along I-105 and noise and pollution problems connected with the railroad yard. He said it is an issue of countywide significance.
Bill Sokol, 240 Sunnyside Dr., Eugene, said last Wednesday he attended a meeting of residents from the area regarding the railroad noise and was surprised by the number of people that showed up. He said the noise is getting to be intolerable and with the change in the noise, there is more of it. He said they are working longer and building more trains than they used to in the past, and with the retarder system it is more noticeable then ever. He said he hopes the commissioners will be able to address this situation and take some action.
Weeldreyer stated Lane County does have a noise ordinance that the sheriff's office enforces, but with the reduced funding, they have not been able to enforce it.
Robert Tozer, 715 Chestnut, Eugene, said he attended the residents meeting. He explained the retarder is a piece of equipment where the engine pushes the uncoupled train cars around and the speed of the ramp couples the cars. He said the retarder slows the car on its descent. He said for years that retarder was a different piece of equipment, but in November they replaced it with giant pistons that continually drive against either the rails or the car wheels. He said the noise had become intolerable and is becoming an emergency, as there are mental health issues involved. He said the federal statutes (particularly regulations 49 CFR part 210) heavily regulate railroad noise and, in particular, retarder noise. He said it will take a sound engineer to test it. He said the contact person at the Seattle, Washington EPA is John Bergard, who is their noise specialist. He said the noise level limit is 83 decibels and it takes an engineer to decipher how the test is done. He said if they are out of compliance with a Lane County ordinance, they can enforce it. He added if it is out of compliance, it is the public's job to determine what they do. He said the law says the offending piece of equipment must be moved. He urged the commissioners to act right away.
Reed Fitkin, 85200 Ridge Top Dr., Eugene, read his letter into the record regarding Hawk's Point. (Copy in file.)
Weeldreyer asked if the County had any liability exposure because their developer had offered to pay the cost for this and they in good faith tried to work with the County for 22 months. She said there are health and safety issues and she wanted to know if someone did get hurt, would they have legal recourse to go against the County because of excessive speed.
Terry Wilson, County Counsel, said there could be the possibility of liability found and putting it off was balancing resources. She said that is the nature of a discretionary immunity, part of the policy choices the law recognizes it is in the County's hands.
Weeldreyer wanted to know if this could be taken on a case-by-case basis to work with the developer, as time is running out to pay for this.
Wilson said it was possible to do that, but it is a question of resource management.
Dwyer suggested the homeowners association ask the developer to put that money in escrow so they know it is taken care of.
Fitkin said they would need an estimate from the County, since the signs would be done by the County.
Weeldreyer asked for Board authority to take over the 15 minutes rule, to work with the Hawk's Point residents and the Public Works Department to try and resolve this issue.
Fitkin noted they have come from wanting elaborate speed bumps, to just having signage.
Ron Hodges, 85253 Ridge Top Dr., Eugene, said he is here to support what Reed Fitkin had said. He said it is a low volume traffic area, but it is typical of the hilly areas in Eugene, where one does not see very far and high speed makes it very dangerous. He added a sign should be placed indicating that a danger exists and it would be very helpful.
Dale Krenek, 29475 Fox Hollow, Eugene said he had been a volunteer with the rural fire agency for 14 years and he wanted to remind people that even though it is the middle of winter and it has been raining, if the Board decided to open up F-1 lands to residential development, there will be an increase in the possibility of a fire catastrophe. He said the burden of the fire protection of the woodlands and forests falls on the State Forestry Department, while homes, property and conservation lies with the rural fire protection agencies. He said they are all volunteers and the resources are limited. He said with the added burden of more houses in the forests (with long difficult access through the woods) it will add to the load of the fire protection agencies and difficult decisions will have to be made--with the homeowner as the loser. He said the firefighters will not risk their lives and equipment to protect properties. He asked the Board not to allow rural development on F-1 lands.
Jaye Kuebler, 85588 Scharen Rd., Eugene, stated he was present on behalf of Royal Flush Septic Service and Honest John's portable toilets on the Lane County Parks bid. He said they are a local company and would like to stay local. He noted they were beat by less than $100 per month to an out of County portable toilet company. He said they have had the job for six years and would like to keep the job.
Neil Miller, 29215 Fox Hollow Rd., noted it had been pointed out that there is more than enough F-2 in rural residential lands available in the County for large amount of development without touching the F-1 lands. He added opening F-1 lands will be costly to tax payers. He said the 160 acre parcels will become areas for mansions and large dwellings that are not conducive to stewardship of the land. He said he did a study and only 19 individuals in personal trust own F-1 lands of 160 acres or more. He said the question comes down to who really wants this. He said the only answer they have is that the state now allows it to happen and allows Lane County to make its own decision. He said a majority of the people of the County think this is a bad idea and don't want it. He urged the Board not to put the County through this as there would be a referendum if it is voted in.
Nina Lovinger, 4009 Little Fall Creek Rd., Fall Creek, requested that the Board take the F-1 matter off the table and remove it from the hearing schedule on March 10. She said the vast majority of Lane County citizens want continued protection of the 700,000 acres of prime forest land. She suggested to Anna Morrison and Bill Dwyer that they read the hearing report which she characterized as moving and informative. She also asked the other commissioners to review the reports and said they will put this issue before the voters if the F-1 lands are opened up. She said she was encouraged when weeks after the October hearing, Commissioner Green said he opposed the opening of F-1 lands and said he thought occasional spot rezoning would be okay. She said she supported that and hoped that under Green's leadership this will move forward to address problems that will improve the livability of the County.
Linda Pauley, 922 Moss St., Eugene, said what people are talking about is the true cost of growth. She asked the Board how the County will pay for the costs. She asked the Board not to open up F-1 lands.
Rich Fairbanks, 37290 Wheeler, Pleasant Hill, stated that Lane County has very productive forest lands and a large employment base in forestry. He said it is a mistake to turn that over to low density urban sprawl. He said he hopes the Board will reconsider and not go ahead with opening up F-1 lands and to development them is a mistake.
Paul Atkinson, 26884 Powell Rd., Eugene, stated he is a farmer and his family has timber, orchard and livestock grounds. He said 80% of the class 1 agricultural soils in the County are now developed or zoned for it. He said the land supply is limited and irreplaceable.
3. COMMISSIONERS' ANNOUNCEMENTS
4. COMMISSIONERS' BUSINESS
a. PRESENTATION Workforce Investment Act of 1998.
Chuck Forster, Administrator, shared information about the new federal workforce legislation called the Workforce Investment Act of 1998. He said the President and Congress in the summer of 1998 passed the legislation because there needed to be something different in the workforce system. He said the workforce systems were difficult to access and weren't meeting the needs of the job seekers or the needs of employers, so they passed the Workforce Investment Act. He said there are streamlined services through one stop delivery systems because it was difficult to access services through the federally funded workforce programs. He said there were multiple funding streams and multiple providers who were providing the same thing but to different target populations. He said the legislation tries to address the problem by having local workforce providers work together and be located in one location, where a person can walk into an office and access services with one visit. He said in Lane County the partnership has been leading a development group with over 12 organizations to create a one stop career network. He said that will be coming up within the next couple of months. He said it replaces private industry councils with workforce investment boards. He added there is a strong focus on customer choice, on the type of services that they can access. He said under the new law, individuals who need training will be given training vouchers for individual training accounts and as their training plans are developed, they will have a range of training options for them to chose from. He said they won't be given just any training options, they will have been certified by the local Board and by the state as viable training opportunities. He said there is also a performance evaluation element and customer satisfaction surveys with employers and job seekers. He said another major change that came with the legislation is that it promotes a work first model.
Regarding employment vs. the underemployment issue, Sorenson said it is emerging for Lane County. He said he wants the Board and the Southern Willamette Private Industry Council to work on the underemployment problem.
Forster responded that they will be coming up through the planning process, on a major initiative around workforce. He said the Board will need to make a decision about local workforce investment areas, about the implementation of the Workforce Investment Act. He said in order for a local area to receive federal funds through this legislation the Board has to request from the governor that Lane County be designated a workforce investment area. He said the same process occurred under the Job Training Partnership Act. He said it is essentially a geographic destination within funds will be allocated. He said there are a number of ways to do this, the designation is made by the governor, in collaboration with the Board, based on recommendations. He said there is a process now in place, from the governor asking Lane County to submit a form that asks Lane County if they want to be designated as a workforce investment area. He said he will be preparing an agenda item for the next meeting that incorporates the request. He said the request needs to be submitted to the governor no later than March 24. He said the governor is supportive of building on the existing workforce regions that are in Senate Bill 917 and Lane County is a workforce region, Region 5.
Forster said another decision the Board has to make is to designate a local workforce investment board. He said this board has a variety of functions. He said they consolidated the Southern Willamette Private Industry Council and the Regional Committee into a new board, and the governor agreed with the consolidation. He said his vision over the next 18 months is workforce partnership staff will be co-located with the employment department so there is an integrated employment and workforce partnership staff who provide services.
Van Vactor stated he received a call from a large provider of garbage services with concerns about the timing of different proposals. He said there are proposals such as a systems benefit charge, franchising and adopting a comprehensive plan that addresses all of the issues in the Waste Management arena. He said the issue is timing and tentatively what he, Ken Sandusky and legal counsel have worked out is a March 31 Work Session on the plan, First Reading on the System Benefit Charge Ordinance and a more detailed discussion about how they would do franchising. He said there would also be an April 14 Public Hearing. He said after that, the Board would be in a position to enact or amend the proposal.
Ken Sandusky, Waste Management, stated what he had learned recently (that had accelerated the pace of the work they are doing on diversifying their funding base), was information from their largest customer that they may leave the system. He said it is significant because they represent 40% of all system fee revenues. He said they have stayed within the County's system, voluntarily, waiting for the County to address some funding issues. He added they know if they leave, it will have a big impact on some of the services they provide to their citizens. He said that the staff will propose a system benefit charge and collection franchising as mechanisms that may solve their problems.
Sorenson requested that the Advisory Committee provide advice.
Sandusky said the chances were excellent. He said the Advisory Committee had been kept in the loop on what staff had developed. He said the committee unanimously supported the staff's work and recommends to the Board that they implement the mechanisms.
Weeldreyer voiced concern that the benefit charge will most directly affect the haulers in the County that are the private owners, not the citizens. She said because the composition of the Advisory Committee had become weighted towards recycling, there isn't adequate representation on the committee of the waste haulers. She added that is why she was asking for the Board's approval to go ahead and work with Sandusky to schedule a meeting prior to March 31, so they will have the opportunity to initiate conversations with people who will be impacted most.
Van Vactor noted that Weeldreyer requested a staff meeting and that could be done.
Morrison stated the Advisory Committee is biased against one side of the story and she would like to have private enterprise represented, as well as the citizens.
Sandusky said the system benefit charge is designed to cover costs that benefit everyone in the community, including the net cost of recycling programs, special wastes, household hazardous waste programs and the net cost of the user convenience system or rural transfer system. He said they are also going to suggest franchising, and designating certain geographic zones in the County where there will be a single service provider who would form a contract with the County. He said the contract would state: "In exchange for your having exclusive right to serve this area, the County would tie the waste to the County's system." He added it would be quid-pro- quo. He said the way the franchise works is that there is a percentage of franchise fee that comes to the franchiser (4% to 7%) and that fee would be used to administer the franchise.
Weeldreyer wanted to know if there would be franchise zones, because the sites the County currently operates are out in the far ends of the County. She also wanted to know if the hauler that gets the franchise would be able to deliver the drop boxes in a way that would reduce the County's costs, but doesn't close the convenience sites to the public.
Sandusky responded there were three ways that it could be structured. One way is to take the smallest, least efficient transfer stations and close a small site. Another way is to provide a customer base for the franchisee, or let the franchisee operate the transfer site, (the County will have to pay them something) or to provide services the County is currently delivering. He said a franchiser can stipulate minimum service levels. He added if the County is going to give a franchisee a return on investment, the County would let them pass the reasonable costs to them, but then stipulate minimum service levels that could be increased through recycling and operating transfer stations. He said when he returns to the Board on March 31, they intend to have a draft solid waste plan, ready for review.
Weeldreyer reported that two weeks ago the Board approved the transfer of the Historical McFarland Cemetery to the Cottage Grove Historical Society. She added in the five years that she had been working on this, there had been an understanding and a promise to the Historical Society. She said that because the cemetery is in such poor condition (Lane County had put no resources into maintenance of the property, knowing there is a property management fund) there had been talk at the time of transfer that the County would put a perimeter fence around the cemetery. She added with some additional money, they could help upright the headstones that have been knocked over. She said Lane County should give the cemetery to the Cottage Grove Historical Society so it is not spending all non-profit resources trying to get it. She said she assumed that was in the process. She said Jeff Turk told her that was not correct, that it had never been completed. She said she had asked for the leadership of the Historical Society to give the County a letter, stating specifically what they would like the County to help fund within the threshold of Jeff Turk's authority. She continued that now legally they are conveying the real property and the City of Cottage Grove council has to approve it. She said there was hesitation by the County to spend County money on the property after it was transferred. She said she wanted to do whatever legally needs to be done to allow the itemized list of needs from the Historical Society that are within Turk's authority, to be able to write a check so they get the property.
Dwyer moved to reconsider the motion by which Lane County conveyed the McFarland parcel to Cottage Grove for the purpose of working out the arrangements, and rescinding the award.
Wilson stated her advice is that if the Board will be expending County funds, they should be expending it on property for which the County claims ownership. She said having taken the action the Board took previously, they sent the property out and it became problematic to spend additional funds. She said at this point she had not heard how much money is expected. She said the funds in the tax foreclosed part of the property fund are not available for expenditure on this.
Green stated the limited funding is something that needed to be taken into consideration. He added he didn't want to have an open check.
Weeldreyer wanted the motion to state they are rescinding their action and will wait for the Historical Society to provide an itemized list and then bring the order back when they have the information to take final action.
Dwyer stated he would consider that.
Sorenson said on the substance, if the motion is passing, they are just rescinding their prior action, and not committing any staff resources, monies or anything else. He said he will vote to rescind the prior action.
Wilson noted that it can be processed when the letter comes back, but the matter will need to be returned to the Board as a vacation. She added there will need to be proper notice about the vacation proceeding. She said at that time Jeff Turk will be able to analyze if it is affordable within his budget of resources. She said it will come back on another agenda and will cause a delay.
MOTION: to rescind the previous order.
Dwyer MOVED, Morrison SECONDED.
Jeff Turk, Management Services, said that he will let the surveyor know because they have already sent things out to the city of Cottage Grove. He added part of the process is two-pronged, they have a vacation on the property and the City had to concur with the County's vacation so they will have to hold up their action. He said the County will have to start from step one and it will be at least a 60 day process.
b. PRESENTATION AND REPORT Lane Transit District's Bus Rapid Transit (BRT) Project.
Pat Hochen, Lane Transit District, gave a presentation about bus rapid transit. (Copies in file.) She added besides bus rapid transit, they have had success in other areas including accessible services for wheelchairs or disabilities. She said there are 6,000 wheelchair lift boardings per month. She said all buses have had them since 1985. She added that the group pass program had been very successful with the University of Oregon student body. She said they voted to assess the bus pass as part of their student body fees and it has improved ridership. She said they have been doing a bikes on buses program for the past two years. She said they have the ability to carry two bicycles on all of their buses and the program had been widely used. She said about 13,000 to 15,000 bicycles per month get put on their buses. She added they also have been providing transportation for high school students for the Eugene public schools and are hoping to expand to the other school districts in the metropolitan area and to the middle schools. She said the sport shuttles have also been successful and in 1998 they provided on average of 11,000 rides per game and shuttle service for University of Oregon basketball games. She said the Eugene Chamber of Commerce asked them to participate in a study that is conducted annually by the University of North Carolina at Charlotte. She said they rank transit districts on how well they are using the resources they have available to them and in the past 10 years that Eugene had participated, they have always ranked in the top 20%. She said in the last study (1996) they ranked in the top 13% of transit districts in the country.
Hochen gave a presentation about bus rapid transit (copies in file.)
Weeldreyer wanted to know if the LTD Board had allocated enough money to mitigate negative impacts.
Hochen replied yes and they needed to make their project compatible with the surrounding environment. She said they have about $9 million available for construction and they know that won't do the whole project. She said they know for the project to have acceptance in the community, they will have to make a project that does not seriously disrupt the residents that it is next to. She added there are strict requirements in federal law attached to federal grants. She said if property is taken that belongs to a business, the business needs to be relocated.
Dwyer stated he had serious concerns from a number of perspectives. He said he is concerned that there will be a bus lane that is not being used and people are being funneled into traffic jams. He also had concern about measuring its success to determine if it is not working. He said he wanted to see objectives and what they expect the results to be. He said he wants it to work but is concerned that they are being pushed because the federal government has offered the money. He said he is more concerned for the community and the impact there will be.
Hochen said the pilot corridor is an Oregon Department of Transportation (ODOT) facility. She said they have been told by ODOT that if their project will increase congestion on the roadways, they will not sign off on it. She said they are working on a process with ODOT which reviews the plans and they will let the LTD know what they will need.
Stefano Viggiano, Lane Transit District, gave a presentation and passed out information on Lane Transit Rapid Transit Project (copy in file.) He said they are trying to come to a decision as a community on whether they want to pursue the project and to provide the Board with enough information so they can make a comfortable decision. He said they are planning to bring back to the Board in June, Phase 1, for a preliminary decision. He said it would need to go through an environmental review and would come back a year from now for a final decision.
Hochen stressed the decision was in the frame work of the TransPlan, the transportation component of the Metropolitan General Plan and this Spring the TransPlan update is coming to the Board for approval. She stated the Board is giving a lot of what they needed, they are participating in the committees on a technical and at the policy level. She said they are not asking for money. She said they expect the primary funding source to be from federal grants and they are not asking for County Road Funds. She said there may be opportunities for joint projects that would fit in with what they were going to do. She said they would like the Board to approve the TransPlan with the bus rapid transit policies in it. She said they are asking the County to be their partner in finding a cost effective way to deal with congestion they are expecting and to develop strategies that will accommodate the transportation needs of private automobiles, commercial vehicles, bicycles and pedestrians.
Sorenson requested a summary of the data pursuing each segment of the corridor. He said there will be skepticism in the community by making a limited access guideway where cars are not allowed.
Weeldreyer said she is a rural commissioner and a lot of increased traffic is happening in the metro area because so many jobs have been lost in Oakridge, Cottage Grove and Florence due to changes in federal timber policy. She said those people are now driving to the metro area to look for work. She said the old model that LTD used is changing and no longer can businesses in those cities pay the service to rural parts of the county. She said Creswell is now paying for the ridership, but most of it is coming from Cottage Grove and that is grossly unfair. She said to get her support for this there needs to be new models for ways to extend transit service into rural parts of Lane County other than the payroll model, because there is not the business community and the population that makes it as cost effective as the Eugene and Springfield Metro area. She said she is asking one of the staff of LTD to start looking for grants to fund a study to examine innovative funding mechanisms to expand LTD service beyond the metro area.
Dwyer stated he has a bias. He said in the legislature he had some bad experiences with LTD and his philosophy is that special bodies that have the power to tax and condemn property need to be elected.
Morrison stated she doesn't share all of Weeldreyer's concerns. She said she lives in a rural part of Lane County and they have spent $30,000 on surveys around transit needs. Her community had spoken out that it is not a high priority to spend additional dollars to study something to prove that it is needed.
Green stated he had been in Lane County for 27 years and had seen great things from LTD. He said he doesn't have the same frame of reference that his rural colleagues have. He said he grew up in a community where the bus was everything. He said he is happy to see the direction they are going in. He said he is supportive of what they are doing and wants to see if a partnership can be developed with the Board to work together.
Sorenson said when a community embarks on something this major and this significant as a pilot, there will be conflicts. He said it is in the public interest to keep moving forward. He said this program will primarily benefit the riders in Eugene and Springfield, but there are park and rides in the outlying areas that the rural areas will be able to use.
Hochen said there will be a Design Workshop for the Downtown Eugene segment on March 30 and April 7.
5. EXECUTIVE SESSION as per ORS 192.660
To be held later in the afternoon.
6. COMMITTEE REPORTS
a. Legislative Standing Committee Report.
Green reminded the Board that they were going to treat these items like a Consent Calendar.
Dwyer stated they had a letter that Bill Van Vactor drafted regarding PERS. He asked the Board's approval for Van Vactor to send the letter.
Green added it was for his signature, but it needed to be on Board stationery.
Van Vactor noted there was an error with regard to the variable account, the letter had been redrafted to take the error out, but in substance, everything else stayed the same.
Morrison moved to authorize the mailing of the letter to the PERS Board with corrections.
Dwyer stated he was seeking support for the Pacific Coastal Salmon Recovery initiative and funding for the Watershed Recovery in response to the endangered species listing. He added he had asked for a public hearing on the matter of establishing environmentally sensitive units in Lane County because he sees critical problems with the plan. He said the plan doesn't get to the issues of recovery. He added he is asking for a motion to support sending the resolution to Congress.
MOTION: to send the Pacific Coastal Salmon Recovery Initiative to Congress.
Sorenson MOVED, Morrison SECONDED.
Dwyer read the resolution into the record.
Dwyer asked for a motion to support the resolution supporting the administration's proposal to stabilize the Forest Service and O & C Payments.
Sorenson MOVED, Weeldreyer SECONDED.
Dwyer stated he had tried to lay out the realities to give direction. He said he met with Congressman De Fazio who indicated that President Clinton noted if there was an "either or" provision in the decoupling issue he would veto it. He added DeFazio had indicated that Clinton stated he would give a one-time opt out provision that if logging were to resume, the County could opt out. He said that over the long run, there wouldn't be any changes in logging practices in the next decade. He added the President's policy on roads is a deterrent for logging. He said he is concerned about the ability to run the government beyond the year 2003. He said he was sensitive about what the added value of logging does to the community and he would support that approach over no logging. He said to give the member delegation needs a winning position they can advocate for and not be in conflict.
Sorenson said there needs to be a team approach on this. He said he liked it because it is straight forward. He said he wants to work with congress and the administration to get the appropriate "in lieu of taxes" that Lane County needs.
Green stated he would vote no on this resolution because it puts him in an awkward situation. He said in April, 1998, the Board passed the opposite resolution. He added there had been no conversation on who supported the "either or" language. He said O & C had not been contacted and he is the representative on the committee.
Morrison stated she will vote no.
Dwyer said regardless of who support this in Congress, it still will not happen because there needs to be two-thirds of both houses overriding the President's veto.
Weeldreyer seconded the motion for discussion purposes. She said when Green (who is the O & C representative) stated it had not been fully discussed yet she hesitated in passing this today.
Dwyer wanted to know what direction the Board wants to go.
Van Vactor stated there is an existing policy with a prior resolution. He suggested since the motion would be going down to defeat, to have a discussion about what role Lane County should play with the O & C Association and the AOC. He suggested working with the associations instead of defeating the resolutions and stopping. He said it is a critical issue for Lane County.
Weeldreyer said there is strength in numbers and if they alienate other partners, Lane County will lose the clout it has.
Morrison said there had been a public lands meeting where there was input on the discussion around decoupling and the position to be taken. She said it was then taken to the legislative committee and it was discussed. She said she was there as the Board of Commissioner's representative.
Green said this issue had not been brought to other O & C meetings. He said it was an issue of timing and doesn't know of any guarantees.
Dwyer said there are people hoping that the forest policy will change if they invoke the "either or" provision and it will result in more money. He said nothing is permanent and he wanted the other commissioners to have the tools to work at what is possible. He said the County would be better served if they went to De Fazio and told him the Board supports what is possible.
Green stated he is not comfortable doing that.
VOTE: 2-3 (Green, Weeldreyer, Morrison dissenting).
Van Vactor suggested that at the next O&C meeting Lane County raise the issue and discuss it with the association.
Sorenson said a problem that Lane County will have is that county governments will want to advocate for local autonomy in the way federal forests are managed and the federal side would be opposed to that. He said Lane County should go for the extension of this guarantee.
Weeldreyer suggested for discussion purposes to pull Item 4, House Bill 2540.
Green wanted to pull House Bill 2268. He said he agreed with the recommendation, but wanted the Board to know what was needed.
Roy Burns, Legislative Representative, reported that House Bill 2540 would authorize church camps and retreat facilities on forest lands. He said concerns were raised that there weren't sufficient clarification on a description of what actually would be entailed.
Weeldreyer said they have the Kiwanis Sky Camp in the Fall Creek area that could be a retreat center. She said she understands there is a lack of definition of what this could be. She asked if there was a way of not saying no, but support it if there was language that defined religious organization.
Burns stated he believed there were other provisions within the administrative rule that addressed the types of concerns she was raising.
Jim Mann, Land Management, stated that what was lacking in the bill is counties would have to approve the retreat center and there is no criteria. He said he would like to see some side bars and have more opportunity for those type of retreat centers to occur. He said when the County was working on its own park and campground proposal, they developed some proposals that they recommended to LCDC that they didn't adopt. He said this legislation is in part a response to the restrictiveness of the LCDC rule. He said they could come back with specific side bars for the Board to review.
Green reported that last week in Salem, the AOC Human Services and Public Safety Committee (which he chairs) invited Janet Carlson, who is one of the drafters of the legislation. He said it is a rewrite of House Bill 2004. He said it needs to be on the Board's radar screen because the legislation was drafted in such a way that no one working on it was ever contacted in drafting the bill. He said when he asked who was involved, the response was they were not at liberty to give the information, because there was a high level of mistrust. He said the appropriate status is to monitor it. He said AOC will be asked on March 8 to vote against it. He said he will ask at that meeting not to take any action at this point.
Burns asked for clarification regarding House Bill 2540 on the church camps. He wanted to know if the priority was to have the staff work on it, with direction to attempt to amend it to incorporate some of the issues raised by the planning staff.
Weeldreyer stated she would like alternative language to the bill. She said as it is currently worded, it is appropriate to oppose it.
Sorenson said he wanted to oppose and monitor it.
Dwyer said the bill is broad. He said unless there are safeguards that will be used appropriately, the Board's role is to oppose it and monitor it.
MOTION: to approve the legislative agenda being adopted as discussed and amended.
Morrison MOVED, Dwyer SECONDED.
7. COUNTY ADMINISTRATION
b. UPDATE Y2K.
8. PUBLIC WORKS
a. ORDER 99-2-24-1 Approving a $45,000 Budget Transfer from Operational Contingency to Payments to Agencies in the Road Fund Budget and Authorizing a Payment from the County Road Fund to the City of Eugene in an Amount up to $45,000 to be Used for Legal Road Purposes in Order to Free Up General City Funding for a Payment to EWEB for a Tire Cleanup Project at EWEB's Jordan Pit Property.
Craig Starr, Public Works, addressed a few points that Morrison had questions on. He noted that the Jordan Pit Tire issue had been before the Board before and the Board authorized them to apply to DEQ for a grant from their tire clean-up fund in cooperation with EWEB. He said they did that and were not successful either time. He added the DEQ staff informed him that they will not fund it that way. He said the grant application sought 100% state funding for the clean-up. He said they had indicated that they do have some funding for part of it through another funding source, if local funding could be realized to complete the rest of the project. He said the proposal before the Board is an effort to pursue it that way.
MOTION: to approve ORDER 99-2-24-1.
Weeldreyer MOVED, Morrison SECONDED.
VOTE: 3-1 (Morrison dissenting, Dwyer out of room).
b. RESOLUTION AND ORDER 99-2-24-2 Approving a Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of the Green Hill Road/Barger Drive Intersection, and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue all Necessary Planning Actions, Acquire Right-of-Way and Prepare Plans and Specifications for Improvement of Said Road.
Green said the lighting in the area is poor and if no lighting will be constructed, there will be serious problems unless there is a major education plan for the community. He said it is a major road to the airport and people use that road to avoid Highway 99. He said the roundabout will cause problems.
Ollie Snowden, Public Works, said they brought this back to the Board because they looked at a traditional design and found the design was half as much as in the CIP. He said on the right-of-way with this roundabout, they need 7/10 of an acre or $4,000 in right-of-way. He said for a T-intersection, it will cost about $12,000. He said they would estimate the West Eugene Wetlands Plan at $30,000 an acre. He said with a T-intersection, there may be problems getting a permit from the Corp of Engineers because they are state lands. He said the main concern is the one Commissioner Green raised, approach speeds are higher than desirable. He said they intend to light the intersection and had not included advance warning lighting in the costs. He said the traffic engineer stated that should be included. He said that would be a minimum of another $15,000 to the roundabout costs. He added with all the costs, the roundabout is $225,000 to $250,000 and the T-intersection is $385,000. He said there would have to be an education campaign of some kind, lighting the intersection, placing advance warning flashing lights, but people may still overdrive it. He said if they do that, they may be open for more court cases. He added there will be complaints from truckers because they use Greenhill to avoid the state scale at West 11th. He said the tractor-trailers will have difficulty maneuvering around the roundabout.
Wilson noted with the question of liability, the way it had been described, if a policy choice is being made in part because of the significant difference in cost, she said it does address a lot of the liability concerns and provides the discretionary immunity defense. She said a well designed roundabout bears no greater risk of liability than a well-designed T-intersection. She added that people may not be used to it and this should be a factor in the design.
Snowden agreed with Wilson and said that the design is defensible on its own merits and by making this an allocation of resource decision, the discretionary immunity defense is introduced as the first line of defense that legal counsel would use.
Green stated he still had concerns about the behavior of the drivers. He said there is a new school out there and he is concerned about the bus patterns.
Snowden indicated that he did not want to push this idea if the Board was not comfortable with it. He said if the Board gave them the okay today, it would be built this summer. He said if the Board wants to look at it longer, it would be okay and it could be built next year. He said his concern is that it is the first one they are building and it precedes the Delta/Beltline Roundabout. He said it is a different application for roundabouts and he didn't want to mess up the public's perception for the Delta/Beltline by people complaining about this roundabout.
Goodson wanted to know the comparison of the safety between the traditional intersection and a roundabout.
Snowden responded that generally the accident experience of a roundabout is better than the accidents in a traditional signal controlled T-intersection, as there are lower speed accidents.
Green wanted to know if the Board had to make a decision today.
Snowden said it could be put off and talked about it at the next Board meeting. He added it is a small project and it could go late in the summer.
Green asked for more time to get more information.
c. DISCUSSION Update on Statewide Transportation Improvement Program (STIP) Involving Local Projects.
Dick Upton, ODOT Area Manager, said his responsibility is project development, including selecting projects, the design and construction. He said Don Erick is in charge of the maintenance. He gave a short presentation of the 2000-2003 STIP. He passed out handouts (copy in file) that talked about the different projects in the STIP process.
Sorenson asked how many modernization projects will take place within 2000-2003.
Upton stated that this year they are doing a much more aggressive scoping effort that is more refined in terms of what is in the projects and their expected costs. He said as they move into the program, it is their expectation that they will deliver the final version of the STIP in December. He said most of the modernization programs (MOD) are grandfathered projects that came from previous STIPS or from other work. He said the $2 million allocation that came to the area was part of the MOD program. He added that only $2 million came to this County because Lane County already had such a healthy modernization program. He said this year they will be focused on keeping the money on pavement repairs and putting a limited amount of funds into guardrails.
Sorenson stated he had been getting a lot of calls about soundwalls and wanted to know the status of that project.
Upton said the overriding emphasis on their program is on preservation. He said they have dedicated bikeway programs. He said the Harlow Soundwall will get into the program. He said they are having internal discussions and have a commitment with to follow through. He said they will be working to develop the project to position it to take advantage of potential redistribution at the end of this year.
Upton reported that with regard to the safety projects, they have not selected them for Region 2. He said currently in the program the prioritization isn't complete as they are prioritizing by a new technique. He said the Jasper Road Extension doesn't belong in the 2000-2003 STIP, they have a draft intergovernmental agreement to get funding out of the current year for a funding switch between Jasper Road and the Beltline. He said the Harlow Sound wall is in the CIP for the city, the county, and one of the funding categories at ODOT.
Green questioned if the money for the Harlow soundwall would come out of modernization.
Upton replied the MOD program is full and there are none of the projects that are not a high priority. He said right now they are trying not to take it out of the MOD program, they are looking at taking it out of the operations budget.
Dwyer wanted to know about the concrete base forming the soundwall.
Upton said if they put up the soundwall at the edge of their right-of-way, in the next year, there will be stretches of the soundwall that will have to be torn down to add a new traffic lane, then they have to put the wall back. He said they are electing to put in the retaining wall now instead of waiting. He said they will foot the bill for the retaining wall where it is needed.
Morrison said she has a hard time putting $1.3 million in light bulbs in the Peterson Tunnel when there are potholes all the way from Florence to Eugene. She said the tunnel is well lighted. She said if they are looking for priorities, the actual safety of the road would take precedence over light bulbs.
Upton responded the difficulty they have is not just putting light bulbs in, the light system they have in the tunnel is 30 years or older and they no longer can buy parts for the lights. He said they are no longer manufactured, so they are forced to replace the system.
9. CONSENT CALENDAR
A. Approval of Minutes: February 24, 1998, Work Session, 1:30 p.m.
January 19, 1999 Joint BCC/City of Coburg, 7:00 p.m.
January 21, 1999, BCC Retreat, 9:00 a.m.
January 27, 1999, Regular Meeting, 9:00 a.m.
January 27, 1999, Regular Meeting, 1:30 p.m.
February 3, 1999, Regular Meeting, Following HACSA
B. Assessment and Taxation
1) ORDER 99-2-24-3 Granting Property Tax Exempt Status Pursuant to ORS 307.475 (Esther E. Smith).
2) ORDER 99-2-24-4 Granting Property Tax Exempt Status Pursuant to ORS 307.475 (Craig L. Allen).C. Health and Human Services
1) ORDER 99-2-24-5 Accepting Revenues of $106,200 From the State of Oregon for the Home TBA Rental Assistance Program and the Low Income Rental Housing Fund Program; to Increase Appropriations in the Amount of $56,450 in Fund 785 for FY 98/99 for the Low Income Energy Assistance Program (LIEAP).
D. Public Safety
1) ORDER 99-2-24-6 Accepting a Bureau of Justice Assistance Grant Funded Through the State Criminal Alien Assistance Program and Delegating the Authority to the County Administrator to Execute the Grant Documents.
E. Public Works
1) RESOLUTION AND ORDER 99-2-24-7 Acquiring Fee or Other Interests in Certain Real Property for the Reconstruction and Improvement of Canary Road (M.P. 0.67 to M.P. 1.37).
2) ORDER 99-2-24-8 Amending an Agreement with the Neighborhood Economic Development Corporation (NEDCO) for the West Butte Affordable Housing Project.
3) ORDER 99-2-24-9 Awarding a Contract to Interstate Manufacturing, Inc. in the Amount of $105,496 for the Purchase of Two (2) New Solid Waste Transport Trailers, Contract No. FY 98/99 FS-08(a).
4) ORDER 99-2-24-10 Releasing, Dedicating, and Accepting Parcel "a", in Young Haven, Book 46, Page 4, a Parcel of County Owned Real Estate, as a Public Road (17-04-14-43).
5) ORDER 99-2-24-11 Awarding a Contract for Portable Toilet Rentals and Service to Best Pots, Inc. for $93,780 and Delegating Authority to the County Administrator to Sign the Contract, Contract No. 98/99 PKS-07.
Morrison wanted three items removed from the Consent Calendar: 9. C) 1., 9. D)1. and 9. E) 2.
MOTION: to approve the balance of the Consent Calendar.
Sorenson MOVED, Weeldreyer SECONDED.
Morrison said with regard to 9D1, said she had concerns about the grant itself and how monies could be spent on capital expenditures against population.
Mark Ram, Sheriff's Office, noted that in this case a grant is defined differently. He said it is a reimbursement for monies that have already been spent out of the operational dollars for the inmates. He said they are being reimbursed for the operational dollars.
Van Vactor said it would help in the budget preparation for the Department of Public Safety to identify this in the future.
Regarding item 9. E) 2. the West Butte Affordable Housing Project, Morrison said her concern was one of the local citizens (who sits on the housing policy board) had dropped off a packet and on their list it had already showed this additional $12,000 had been approved. She said she was concerned about monitoring overruns on projects.
Snowden noted that when NEDCO came forward, they had an estimate from their own private engineer on what this improvement would cost. He said before an intergovernmental agreement was signed with the City of Eugene and NEDCO, they had correspondence from their engineers stating the estimate was about $7,000 low. He added they had to submit the plans to the City of Eugene for review and the City rejected both the private engineer and the County's proposal for handling storm sewers, that added $5,000 or $6,000. He said in this particular case, that is where the additional money came from. He said the intergovernmental agreement said the County is only responsible for $26,000 and NEDCO is responsible for the remainder.
Morrison asked if there were remaining monies in that particular program and if Lane County was getting the monies from the road funds.
Snowden responded they are road dollars but they are dollars that have been programmed with the CIP for the last few years. He added for the next budget there will be $1million dollars in the fund to be expended in the next three fiscal years.
Morrison questioned item 9. E. 2) and wanted to know if once the dollars are received on the rental assistance program people receiving the funds fit the category they are meant for. She added she wasn't opposed to accepting the dollars, but wanted to make sure there was a monitoring mechanism. She said Rob Rockstroh was investigating this.
Morrison said to accept the dollars but with the recommendation that staff would come back with some sort of a reporting mechanism on monitoring how the dollars are dispersed and approve the balance of the Consent Calendar.
Weeldreyer questioned Teresa Wilson regarding the public contracting law that allows for preference given to a local county based company and if the bid is within $100 if there was a threshold or if the lowest bidder gets the job.
Wilson responded that she did not specifically look at a request for proposal or a straight bid.
Weeldreyer wanted the order pulled regarding portable toilets until they received more information.
Wilson noted the current contract expires on March 31. She said there will need to be a transition if the bid holds. She added it was an invitation for bids, not a request for a proposal, which makes it a straight bid. She said she spoke with the representative from Royal Flush and explained that they couldn't change the bid under Oregon law.
Wilson added to give a blanket bid to a company because of the location of the company is not something that had been viewed favorably in Oregon. She also noted that Royal Flush was not the second low bid, it was third low bid.
10. HEALTH AND HUMAN SERVICES
a. ORDER 99-2-24-12 Appropriating $14,000 in Revenues and Expenditures in Fund 286; and Establishing a 0.5 FTE Office Assistant 2 Position in the Department of Health and Human Services.
Rob Rockstroh, Health and Human Services, stated this allowed the department to use monies funded through the Public Safety Coordinating Council. He said to go forward with this they need other funds or additional Public Safety Coordinating Council money.
MOTION: to approve ORDER 99-2-24-12.
Sorenson MOVED, Dwyer SECONDED.
VOTE: 4-0 (Weeldreyer out of room).
11. PUBLIC SAFETY
a. ORDER 99-2-24-13 Endorsing the Formation of Community Emergency Response Teams.
Ike Jenson, Sheriff's Department, noted that the endorsement they are requesting means that the Board of Commissioners agreed with the program that is nationally established and through the State of Oregon, organizing community emergency response teams, citizen and neighborhood groups. He added there are 15 teams in Lane County. He said he is not requesting any money at this time.
Weeldreyer stated that at the legislative committee where the AOC presented its Y2K assessment of what was needed, the question was asked if the legislature allocated money to counties. She asked how much it would be and what it would be used for. She said at the last AOC, her steering committee was charged with trying to figure out what the request might look like. She said there needs to be more coordination between her subcommittee and the group that Ike Jenson is working with so state dollars can be identified to help with the outreach. She said the recommendation they are going back to the AOC Board with is a coordinated approach statewide for how they will do this to get the greatest outreach for the same amount of money.
MOTION: to approve ORDER 99-2-24-13.
Sorenson MOVED, Weeldreyer SECONDED.
b. ORDER 99-2-24-14 Approving a Cooperative Agreement with the United States Army Corps of Engineers - Portland District; Term is for Five (5) Years from the Date of this Agreement in the Amount of $99,000 per Year.
Paul Sachet, Sheriff's Department, reported that this is a contract extension for services that are provided by the Forest Work Camp. He said one of the features of the Forest Work Camp is to provide inmate crew work to different contract agencies. He said this contract is with the U.S. Corp of Engineers, it was originated in 1994 and expires soon. He said they are asking for an extension for another five year period of time. He said the work lined up for this year amounts to 1½ FTE and the work is associated with Dorena Lake, Lookout Point, Fall Creek and Fern Ridge Reservoir. He said it had to do with erosion control, trail and brush work.
MOTION: to approve ORDER 99-2-14-13.
Sorenson MOVED, Dwyer SECONDED.
VOTE: 4-0 (Weeldreyer out of room).
12. EMERGENCY BUSINESS
There being no further business, Commissioner Green adjourned the meeting at 5:05 p.m.
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