minhead.gif (11357 bytes)Approved Approved 11/23/99

September 22, 1999

BOARD OF COMMISSIONERS' REGULAR MEETING

Harris Hall Main Floor - following HACSA

Commissioner Bobby Green, Sr. presided with Commissioners Bill Dwyer, Anna Morrison and Peter Sorenson present. Cindy Weeldreyer, excused. Acting County Administrator David Suchart, County Teresa Wilson and Recording Secretary Zoe Gilstrap were also present.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Jaclyn Bovee, 2155 W. 27 Avenue, Eugene and Nastasha Naidoo 1755 Cleveland Place, Eugene, stated that they were here to talk in favor of keeping the indoor soccer park at the Fairgrounds.

Bovee said the users of this arena are disappointed about the closure and are asking for help. She commented that her team, Magic, uses the fairground arena to play and practice. Bovee stated that because of the weather, they are only able to play soccer indoors in the winter. She said indoor soccer is fun and keeps them in good shape.

Naidoo stated that since the fairgrounds closed, they cannot play again until April. She said there is no other indoor soccer arena in Eugene, noting that there is one in Springfield but is booked most of the year. Naidoo emphasized that indoor soccer is important to the community, her team and all the other teams that play there. She said that the County, City and Fairgrounds should get together to find a solution to keep the soccer arena open.

Shogan Naidoo, 1755 Cleveland Place, Eugene, stated that they want to keep the indoor soccer arena open. He said there are only two such facilities in Eugene and Springfield. Naidoo said they were led to believe that basketball would replace soccer and noted that schools already have facilities for basketball. He commented that soccer is the fastest growing sport, especially among girls. Naidoo stated that diversity is also needed in sports. He remarked that there needs to be a facility open to girls and said it is not fair to make girls travel in order to participate in sports. Naidoo said he would like an explanation as to how these decisions are being made and if he could be a part of the decision making process. He also asked if there was a compelling reason why basketball should be favored over soccer.

Ariel Stavitsky, 2227 W. 29 Avenue, Eugene and Hanna Austin, 1970 Charnelton, Eugene, said they were here on behalf of the indoor soccer field. Stavitsky said she has been on the Magic team for two years and has bonded with her teammates.

Austin said now that they will be going into higher grades, their team is splitting into different levels. She said that she hopes that they will be allowed to stay together for this last year and play in the indoor arena.

Michelle Naidoo, 1755 Cleveland Place, Eugene, stated that soccer is important in the community and that they need to work together to find a solution. She said that she does not like the idea that this decision is being made without their input.

Green asked that Mike Gleason, Fairgrounds Director, address this issue in writing to the Board, with a copy to the County Administrator and County Counsel. He asked that Gleason include options so that the Board can respond.

Gleason agreed that communication has not been perfect and that participants did not receive anything in advance to involve them in the process. He said he is working to get something together this year and intends to have soccer available at a family sports center. Gleason said he would send a formal letter to the Board and will be meeting with team representatives. He stressed that there is not favoritism of one sport over another.

Katherine Schacht, 31499 Coburg Bottom Loop, Eugene, said she was here to address the appointment of a new member in her place on the Metropolitan Wastewater Management Commission and distributed a letter for the record. She reported that she found out over the telephone that someone was appointed in her place and had no idea beforehand. Schacht said that she understands that Commissioners have authority to make appointments but expected more openness, noting that the cities go to extreme lengths to publicize these positions. She said this is a volunteer position and she has donated three and half years of her life to it. Schacht said that she has much to offer this group through her knowledge because it is a complicated and complex system. She stated that she has worked diligently to maintain the integrity of the system. Schacht said that she hoped this insight will help the Board reverse their vote. She said a decision to get this back on the agenda is of the greatest importance.

Green stated that this could be brought up today under Commissioners’ Business.

3. COMMISSIONERS' ANNOUNCEMENTS

Dwyer stated that he and Morrison visited the Weyerhauser Corporation and reviewed maps of the aquifer. He said it is a work in progress and if people are concerned about contaminates, they should contact Weyerhauser.

Morrison concurred with Dwyer and said she was impressed with work done to date as a conservative approach to dealing with a problem. Morrison also announced that the Chowder Brew and Blues Festival was this weekend in Florence. She added that she and Sorenson were at the Long Tom Stakeholders’ meeting and was impressed with the work they have done on the stream.

Sorenson stated that he and Morrison sent a memo to the Land Management Division to explore enforcement of land use violation codes, noting that Legal Counsel and Waste Management are also involved. Sorenson also noted that he made a presentation to the Lane County Democrat Party on the Safer Communities measure and that Sheriff Clements talked to the Republican Party, noting that both went well. Sorenson stated that he and City Councilor Rayor also discussed the measure with southeast Eugene residents. He stated that on October 12, the Southeast Neighbors are hosting a forum on this issue, inviting both proponents and opponents. He said he will be there with City Councilor Taylor. Sorenson also noted that he distributed material on Measure 20-25 at the Eugene Celebration last weekend.

4. PUBLIC SAFETY

a. ORDER 99-9-22-1 Appropriating $376,754 to Complete the Custody Referee Space Remodel, Amending Order Nos. 99-5-12-4 and 99-9-8-14 Adding the Project to the Public Improvements List and Authorizing SCAAP Expenditures, Awarding Contracts to Morris P. Kielty, Inc. and McKenzie Commercial Contractors, Inc., and Delegating Authority to the County Administrator to Execute the Contracts.

Jan Clements, Sheriff, reported that this item has come before the Board before and is now back for a final conclusion. He said several of the previous issues have been favorably resolved. Clements noted that this action will add the project to the CIP and delegates the County Administrator authority to execute the contracts. Clements discussed the bid protest by McKenzie Commercial, noting that Morris Kielty was awarded the contract and that after review by County Counsel and Lane County architects, WBGS, it was determined that it was appropriate to go forward with the splitting of those contracts. He said Morris Kielty will agree contingent upon board action today. Clements stated that the two contractors are set to go with a pre-construction meeting tomorrow morning. He reiterated the time critical nature of this project in order to be able use state money and said he has received written confirmation that Mckenzie Commercial can accomplish substantial completion by December 31, 1999, which would mean a temporary occupancy permit could be granted. He said there is a 90-day period for expenditure of state funds coupled with this remodel project, explaining that the contract could be expended and closed out prior to December 10, 1999 as requested by the State of Oregon Department of Corrections with a later notification by Lane County that the project has been completed. Clements noted that OSHA has given notice of insufficiency and inadequacies of current Custody Referee accommodations and said the remodel will address these issues.

Dwyer asked about penalties for non-conformance in a timely manner and what happens if the contractors don’t meet these time lines. Teresa Wilson, County Counsel, stated that if the Board wishes to have extraordinary penalties for failure to complete, they can discuss and negotiate that with the contractors. Dwyer stated that due to the time constraint issue, the contractors have said they can meet the deadlines but will have to charge more because it is a rush. He stressed that he wants to have a provision for a heavy penalty for meeting time lines and wants guarantees on performance.

Morrison stated that adding a provision for nonperformance was not an unrealistic request.

Sorenson said the Board is not willing to pay any more money and wants additional remedies in the contract because normal rights are not enough in this case.

Wilson stated that the Board has requested a need to express the concern and risk of loss of funds to the contractor and that they intend to vigorously enforce the time frames that are in the contract.

MOTION: Approval of the Order.

Morrison moved. Sorenson seconded. VOTE: 3-1 Dwyer dissenting.

5. COMMISSIONERS' BUSINESS

Dwyer said that for purposes of discussion, he would like to reconsider the vote by which they appointed Mr. Inge to the Metropolitan Wastewater Policy Commission.

MOTION: To reconsider the vote by which the appointment of Bill Inge to the Metropolitan Wastewater Management Commission was made.

Dwyer MOVED, Sorenson SECONDED.

Wilson stated that she has looked at Roberts Rules of Order which indicate that a motion to reconsider is appropriate except in certain circumstances, noting that one of those circumstances occurs when the motion is to reconsider an affirmative vote whose provisions have been partly carried out. Dwyer stated that Mr. Inge was never sworn in at the Commission meeting. Wilson also advised the Board that their own rules from the Lane Manual indicate that Roberts Rules of Order are to apply; however, those rules also indicated that the Board has an obligation to be as clear and simple in its procedures as possible, therefore, members should avoid overuse of technical points in parliamentary rules. She stated that the Board has traditionally indicated that any two members can move to bring up any matter with three members for an affirmative vote.

Sorenson said he urged the Board take up this matter up because it is within their power. He agrees with Wilson that the technical format of this is not as important as getting to the heart of whether or not they are going to revisit this issue. Dwyer said it is in the public’s interest to revisit this matter.

Dwyer stated that the member of the Metro Wastewater Commission for the County serves all of the Board and not just the member of the commission that happens to be the Board representative. He commented that people volunteer their time and expertise to be on these advisory groups. He said people are entitled to due diligence and Schacht should have been confronted and told face to face before they took action on a new appointment. Dwyer said he was disappointed in the process which resulted in an abuse of authority. He stated that he would not have voted had he known the facts.

Sorenson concurred with Dwyer, stating that the Board approved a new member without telling Schacht she was being replaced.

Green stated that he does not see this as an abuse of authority. He stated that Weeldreyer has said she would support the recommendation made by Morrison.

Morrison stated that when she went on the Metropolitan Wastewater Management Commission in the spring, she was told by the staff that the position was becoming vacant and that Lane County would need to go about the process of appointing a replacement. She was told to pursue an applicant for this position which she did. Morrison stated that she found out Schacht's term expired on June 30, 1999 and went forward in the direction that she was given, following the process as she was told. Morrison said she still feels committed to the appointment that she made.

VOTE: 2-2. Morrison and Green dissenting. Motion fails.

6. EXECUTIVE SESSION as per ORS 192.660

Executive session will be at 1:00 p.m.

7. COUNTY ADMINISTRATION

a. Announcements

Green asked Suchart about the new federal courthouse and controversy over the location. He referred to the draft letter to Jay Pearson, Regional Administration for the General Services Administration (GSA) reemphasizing Lane County’s position of favoring the site that was chosen and Lane County’s willingness to work with the GSA to mitigate the parking concerns. Green stated that this is a win/win opportunity for the County.

Sorenson responded that this is a fast moving situation. He said it is important to be as clear as possible about what Lane County supports and subsequent implications. Sorenson stated that he would like Pearson to come before the Board to discuss the situation. He said he wants this letter held because of his concerns regarding parking issues and because it is close to violating the federal clean air act. Sorenson stated that he was disturbed to read that Pearson will not authorized payment for any of the buildings. Green said he supports inviting the GSA in for a work session but does not want to delay the letter. He said the GSA is not hearing from Lane County but rather only from the opposition.

Morrison said she would like to go forward and send the letter with an addition to ask the GSA to a meeting.

David Suchart, Acting County Administrator, stated that he has the environmental study and a copy of a letter requested by the previous Board that did speak of parking. Suchart noted that air quality is addressed in the environmental study.

Sorenson stated that he has talked to a number of people who are concerned about design of the building and urged that the GSA be encouraged to work with the community on the design.

Green asked about sending the letter. Dwyer said he would like to wait a week or so. He stated that he does not object to the letter but doesn’t see any reason to go forward today. Sorenson said he did not want to send it at that time. Green said the letter doesn’t have Board support and would not be sent.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1134 Renaming a Bypassed Portion of the Florence-Eugene Highway to RedOak Lane (17-06-33) (Second Reading & Public Hearing: November 3, 1999).

MOTION: To set second reading and public hearing on November 3, 1999 at 1:30 p.m. in Harris Hall Main Floor.

Dwyer MOVED, Morrison SECONDED. VOTE: 4-0.

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1135 Renaming Hall Road, a Public Road, to Josee Lane (Second Reading & Public Hearing: November 3, 1999, 1:30 p.m., Harris Hall Main Floor).

It was noted that the correct name is Hass Road not Hall Road.

MOTION: To set second reading and public hearing on November 3, 1999 at 1:30 p.m. in Harris Hall Main Floor.

Dwyer MOVED, Morrison SECONDED. VOTE: 4-0.

c. RESOLUTION AND ORDER 99-9-22-2 Initiating Proceedings to Withdraw County Road Status (But Not the Public Road Status) of a Portion of County Road Number 740 (Funke Road), Said Road Being Approximately 1,235 Feet of a Dead End Road, and Being Located in Section 5, Township 17 South, Range 3 West of the Willamette Meridian (17-03-05) (Public Hearing: November 3, 1999, 1:30 p.m., Harris Hall Main Floor).

MOTION: Approval of the Order.

Morrison MOVED, Dwyer SECONDED. VOTE: 4-0.

d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1138 Amending the Rural Comprehensive Plan to Redesignate Land from "Agricultural" to "Rural," Rezone That Land from "E-40/Exclusive Farm Use" to "RR-2/Rural Residential" and Adopt an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 98-1782; Waymire) (Second Reading & Public Hearing: October 6, 1999).

MOTION: To set second reading and public hearing on October 6, 1999 at 1:30 p.m. in Harris Hall Main Floor.

VOTE: 4-0.

9. CONSENT CALENDAR

A. Approval of Minutes:
July 27, 1999, Work Session, 9:00 a.m.
July 28, 1999, Regular Meeting, following HACSA
July 28, 1999, Regular Meeting, 1:30 p.m.
August 3, 1999, Regular Meeting, 9:00 a.m.
August 4, 1999, Regular Meeting, following HACSA
September 1, 1999, Regular Meeting, following HACSA
September 1, 1999, Regular Meeting, 1:30 p.m.

B. Children and Family Services

1) ORDER 99-9-22-3 Delegating Authority to the County Administrator to Execute a $70,000 Six-Month Amendment to a 1998-1999 High-Risk Teen Healthy Start Contract with Catholic Community Services.

C. Public Works

1) FINAL ORDER 99-9-22-4 Alteration of County Road Numbers 189, 196 and 1772 (Commonly Known as Irving Road) from Highway 99W Easterly to the Eugene City Limits, Being Located Within Sections 9, 10 and 11, Township 17 South, Range 4 West of the Willamette Meridian.

MOTION: Approval of the Consent Calendar.

Dwyer MOVED, Morrison SECONDED. VOTE: 4-0.

10. HEALTH AND HUMAN SERVICES

a. ORDER 99-9-22-5 Accepting Oregon's High-Risk Juvenile Crime Prevention Partnership/State Incentive Cooperative Agreement; Authorizing the County Administrator to Sign the Agreement; Establishing a 1.0 Full Time Equivalent Program Services Coordinator Position in the Department of Health and Human Services (34); and Appropriating an Additional $55,250 in Revenues and Expenditures in Fund 286.

Rob Rockstroh, Director, Health and Human Services, reviewed his agenda material (see material on file). He noted that this morning, SB555, which is new legislation, talked about the local planning process with the assumption that it will go to the Commission on Children and Families who will coordinate local planning for human services. Rockstroh stated that they will be setting up committees for evaluation and data, cultural competency, public awareness and community-based solutions. He said SB555 will change the planning processes.

Morrison stated that she plans to vote against this, stating that in the past, communities have been "planned to death" and that staff time and money could be utilized in better ways.

MOTION: Approval of the Order.

Dwyer MOVED, Sorenson SECONDED. VOTE: 3-1 Morrison dissenting.

11. EMERGENCY BUSINESS

None.

This meeting recessed at 10:54 a.m. to reconvene in executive session at 1:00 p.m.

 

Zoe Gilstrap, Recording Secretary

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