BOARD OF COMMISSIONERS' REGULAR MEETING

May 14, 2003

9:00 a.m.

Commissioners' Conference Room

APPROVED 3/10/04

 

Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1.ADJUSTMENTS TO THE AGENDA

 

None.

 

2.PUBLIC COMMENTS

 

Dennis Murphy, Springfield Police Department, discussed the Ribbon of Promise, formed from the Thurston shooting.He said in five years since the attack, there have been 33 planned school attacks that never took place.He commented they listened to the kids and kids can convince other kids to protect their friends and their school.He noted they created a partnership with a new organization, Heart Corp., named Teens Under Fire.

 

Diana Graff, Executive Director, Heart Corp. International, said their slogan is embracing the heart of the family.She said they had agreed with Dennis Murphy to allow Teens Under Fire, a new magazine enabling teen power, talking about by kids for kids by Ribbon of Promise, to prevent school violence.

 

Paul Biondi, announced a May 17 concert at Civil Stadium, a celebration of life, called Storm the Stadium.

 

Ken Zimmerman, read a copy of his letter. (Copy in the file).

 

Alice Shaprio, Siuslaw Florence Bill of Rights Defense Committee, read her letter into the record. (Copy in the file).

 

Tamam Adi, Muslim community, said he left Syria because he was required to participate in the Syrian Patriot Act that required people to spy on their neighbors.He said after September 11 he volunteered his services here to read letters.He said if they donít do something against the Patriot Act, the same thing will happen in the United States as in Syria and Saudi Arabia.

 

Dawn Balson Peebles, brought 4,000 petitions from Lane County.She noted that 104 cities have passed resolutions similar to this one.She urged the Board to pass their resolution to the state legislature as their voice.

 

Hal Sunt, Cottage Grove, read his letter into the record.He asked the Board to pass the Patriot Act resolution.

 

Cathryn Johnson, 47709 W. 2nd, Oakridge, stated she represents Oakridge and most people are not willing to give up their constitutional rights for temporary security.She urged the Board to pass this version of the resolution.She was concerned about the future.

 

Steven White, stated he is from Leaburg, representing people in the McKenzie area who wish to have the Bill of Rights protected.He is glad that DeFazio is representing the rights of the people.He asked the Board to do the same in adopting and passing the resolution against the Patriot Act.

 

Julianna Kaiser, Junction City, stated the Patriot Act is dangerous to people.She resents that the government goes to the library without people knowing it.She thought if all American people didnít stand up for their rights, they will be lost.

 

Milt Cunningham, Springfield, stated that random acts of terrorism donít make him feel as insecure as living under a dictatorship that masquerades as a democracy and operates in secrecy.He was against the Patriot Act.

 

Neil Freedman, West Fir, Volunteer City Councilor, commented that the Patriot Act erases the balance of powers to control the executive branch.He urged the Board to vote against the Patriot Act.

 

Morley Young, stated he has a copy of Patriot Act 2.He said people who wrote it have no respect for the constitution of the United States.

 

Jean Litchager, Springfield, stated this resolution is important for the future of children.

 

Mona Lindstromberg, 87140 Territorial Way, Veneta, stated this affected the library in Veneta.She requested the Board approve the resolution of the Patriot Act.

 

Lininger stated the Board had to pass the resolution.He was concerned about religious profiling.He wanted to involve County Counsel to make sure they would pass a good resolution.He asked to what extent the Board of Commissioners could direct the Sheriffís Department in the orders that he [the Sheriff] gives to his employees.He wanted to make sure the resolution was broad enough to encompass not only the Patriot Act but also any other legislation that encroaches civil liberties, and violates the equal protection clause.He requested that they not take action today; but craft a resolution enjoining the affirmation of the constitutional rights.

 

Sorenson commented what Lane County government was doing was important.He stated that passing the resolution to repeal an aspect of the Patriot Act is a good use of time and energy.He hoped the Board would spend time to add to the schedule to move towards a resolution.

 

3.COMMISSIONERS' REMONSTRANCE

 

None.

 

4.RESOLUTIONS

 

a.RESOLUTION 03-5-14-1/In the Matter of Recognizing Kristy Kokkeler and Shasta Middle School for their Award-Winning Participation in the 2003 Oregon Problem Gambling Awareness Week Poster Search.

 

Sorenson read the resolution into the record.

 

MOTION:to approve RESOLUTION 03-5-14-1.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 5-0.

 

5.COMMITTEE REPORTS

 

a.Legislative Committee.

 

Tony Bieda, Intergovernmental Relations Manager, reported they are within a week of receiving the May revenue forecast for the state that will start the final phase of the legislative session.He noted they were waiting for the May revenue forecast and the outcome of the May 20 election in Multnomah County.He noted that is a local option increase in income tax to be used to backfill some of the holes created by the decrease to the state general fund support for schools, public safety and health and human services.

 

Bieda passed out a document (copy in file) that is an update on bills they were tracking thus far in the legislative session.

 

Sorenson requested when Bieda comes back to the Board, the he gives an update on the number of counties that have given notice to the state that they are going to opt out of state participation in local government.

 

6.EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

7.COMMISSIONERS' BUSINESS

 

a.REPORT AND PRESENTATION/Whatís Happening to Lane Countyís McKenzie River Watershed? and Drinking Water Threats.

 

Tim Hermach, Native Forest Council, passed out information. (Copy in file).He gave a presentation on the McKenzie River Watershed.He asked the Board to consider withdrawing from the Forest County and Schools Coalition and from the Association of O & C Counties and to eliminate the funding if they are going to promote illegal logging or costly harm to Lane County without any accounting.

 

b.DISCUSSION AND DIRECTION/Request of the Lane Library League for Library District Formation.

 

Van Vactor reported he had a staff meeting and met with the Lane Library League.He said a key consideration is that the Board had hoped that it would be feasible to do this for the 2004 election but that was difficult.He said the Lane Library League had accepted that and they asked if it was something they wanted Lane County to participate in with regard to the year 2006.He said they need to fund long range planning to see if the Lane Library League and district formation fits in the work plan.

 

Bill Sullivan, Lane Library League, commented that even if there were not a Lane Library League district proposal, the Metro Plan would need amendments and they should start working on that as soon as possible.

 

Morrison agreed there needed to be changes with regard to the Metro Plan.She didnít think 2006 was a realistic timeline.She said the Library League canít go to the voters to get a sampling of whether or not this would be supported.

 

Sullivan responded they did a scientific survey in December that stated a majority of county voters wouldnít pass a library district.

 

Van Vactor said if the County takes the approach after it does its work of not just the Lane Library District, but all districts, in a change of all of the laws and how they want to run the metropolitan area, the work would be worthwhile with a product to use in other capacities.

 

Morrison was apprehensive of doing this in the current economic climate.She didnít think the voters would support a library district.

 

Dwyer commented that libraries were important but there are a lot of other important things. He said they are cutting drugs to the mentally ill and to children.He wasnít willing to spend any money on this.He said if they could make deminimous amendments to the Metro Plan as they move forward, it would be in their interest, but he was against committingscarce general fund dollars for long range planning devoted to this service. He said the Boardís obligation in Lane County is to take care of their own business first.He added with the current economic climate, he was apprehensive that the voters would support a library district.

 

Lininger said this whole effort arose from 160,000 people who lack local access to a library, with half living in the rural areas in Lane County.He thought there was energy and enthusiasm.He added that libraries have value in integrating with other programs including outreach to rural areas.He thought they should re-evaluate the Metro Plan for the purpose of bringing library services to the rural areas.He favored the minimal measure, looking at 2006 with limited amendments to the Metro Plan to address the Lane Library League issue only.

 

Green stated he was in favor of the status quo:paying for what you benefit from.He didnít know where the money to do this would come from.He said they have a minimal amount for long range planning and if that fits into the planning then he would be in favor of it, but any additional funding would have to be identified to do this work.

 

Sorenson said they donít have the flexibility under the current Metro Plan to use other districts.He said this a citizen-initiated effort.He thought it was a good idea to move ahead. He said Lane County should assume responsibilities and let the voters vote.He said they have to make sure they do not double tax for the libraries.He asked why they couldnít have a county administered library system instead of creating a district

 

With regard to Morrisonís rural part of the county, she said overall the majority of her constituents have library services.She noted the only part that doesnít is Santa Clara, which is urban.She thought the citizens should obtain signatures.

 

Dwyer commented that Lane County is a home ruled county and he pays taxes for his library.He thought there would be problems with a countywide district.He said people wouldnít pay taxes twice for libraries. He had no problems with creating library districts outside of the core service areas where people were already taxed.

 

Lininger said they need to present rural voters with an option to get what they can pay for.He noted that East Lane does not have libraries.He was hopeful they could give people a chance to get what they pay for.

 

Van Vactor said they needed more time for research. He said they could structure some system so just the people who currently do not receive library services would be taxed.He thought their polling indicated that if that was the narrow base that participated in the vote, it might not succeed.

 

Sullivan thought it might pass as their survey showed it passed in every part of the county.He didnít think having little districts would solve the funding problems in the bigger cities.

 

Sorenson thought it was a pressing problem and he pledged his support to figure out a way to solve the problem.

 

Green favored during the work around the Metro Plan that is necessary to form individual districts.He thought they should come up with a way where children under the age of 18 (while they are in school) should have access to any public library.He thought it should be a public/private venture.

 

Van Vactor said there was no clear consensus.He noted if things were left as is, he would direct Kent Howe (when he [Howe] returns in July with the work plan for the long range planning) to include different alternatives, including the surgical and the broader Metro Plan.

 

c.FOURTH READING AND DELIBERATION/Ordinance PA 1187/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram for Property Within the Lower River Road Nodal Development Area, With Concurrent Automatic Amendment to the River Road-Santa Clara Urban Facilities Plan Land Use Diagram; and Adopting a Severability Clause.

 

Jan Childs, City of Eugene, recalled the Board heard positive testimony at the hearing. She said the Board of Commissioners held a joint public hearing with the Eugene City Council on April 9 and Monday evening the Eugene City Council took their action on their version of the ordinance.She said it was passed by a vote of 7-1.She added the questioning that came up after the public hearing dealt with whether or not there might be an expansion of the boundary of the nodal development area to include the River Road right-of-way, to facilitate and support future projects to provide better pedestrian connections between the east and west side of River Road.She said the Eugene City Council voted and it was a unanimous vote to expand the boundary to include the incorporated portion of the River Road right-of-way.She said it didnít change the list of tax lots that would receive the Metro Plan diagram designation because they donít zone the right-of-way.She indicated in order to ensure that that particular action of the Eugene City Council is memorialized in the Exhibits to the ordinance, they added an asterisk to the Exhibit A map, stating the nodal development area also includes the incorporated portion of the River Road right-of-way.She noted if the Board wanted to take a similar position, she put together a replacement map for their Exhibit A.

 

MOTION: to adopt Ordinance PA 1187 with the modification of the map insertion.

 

Dwyer MOVED, Green SECONDED.

 

Vorhes explained that having the revised map as part of the Exhibit will make the Boardís ordinance entirely consistent with the Cityís ordinance.His view of the change is that it further defines the boundary that is a line on a map and not a substantial change that would require additional readings.

 

ROLL CALL VOTE: 5-0.

 

8.COUNTY ADMINISTRATION

 

a.Announcements

 

Van Vactor noted there were over 100 employees for the Brown Bag lunch on PERS.

 

b.ORDER 03-5-14-2/In the Matter of Approving a Request for Proposal Format for Strategic Investment Economic Development Projects.

 

Peter Thurston, Economic Development, reported this is from the Economic Development Standing Committee proposing to change the way in which they request proposals for the expenditure of video lottery economic development dollars.He noted in the past they had made a single deadline time and date for proposals to be sent from the community to create jobs.He said this time they are bringing forward adjusted language that would open the process up, making it possible to receive and consider proposals year round for the purpose of business and workforce development with job creation being the primary result.He said this is proposed because the private sector proposes to do things on a schedule that is driven by business and other factors that are important.He said this instrument responds to that need, and provides a format and lengthy process in making a proposal and having it considered fairly for potential funding.

 

Thurston notedAttachment C, page 5, is the description of how the proposals are rated and ranked.He said the initial proposal cycle is the same as last year,receiving and ranking proposals, and recommending to the Board those that are warranted.He said this open proposal cycle would allow proposals to be made after August and December if funds still remain in the pool for the fiscal year, they would be re-advertised and made available for the balance of the fiscal year. He noted there were risks in doing this differently and legal counsel must advise the Board on the risk.

 

Trina Laidlaw, Assistant County Counsel, explained the Board order that is part of the packet asks for the Board to approve the RFP in substantial conformity with the draft.She wanted to work with Thurston to fine tune some of the language in the RFP.She noted what the Economic Development Standing Committee would like to do is consider projects that might be outside the initial competitive cycle.She was concerned that there might be a project that comes to the Board after the initial cycle, but it hadnít gone out to the community to see if there were any other projects that might have appeared after their initial competitive cycle.†† She asked if there was a way the Board wanted to consider a project that comes to their attention and balances the public contracting obligation to solicit other proposals that would be in the same position. She added they were asking for a letter, not a proposal, to describe the project and to make a determination whether it fits with the economic development goals.She said the Board could then ask them to submit a full proposal and they could take any project to consider a proposal and then they would be ranked.Shewas concerned about someone else in the community developing a project and given preference.

 

Green commented this is a struggling economy and he didnít want to take money that was needed.He said they needed to put people to work.He wasnít interested in job creation where just one person benefits.

 

Dwyer thought if they could help foster an opportunity that would create jobs that they need to do that if it would help the community.

 

Laidlaw noted they could put a deadline in for a letter of interest process of five or six days to allow the letters to be submitted.

 

MOTION:to approve ORDER 03-5-14-2.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

9.CONSENT CALENDAR

 

A.Management Services

 

1)ORDER 03-5-14-3/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to the City of Springfield (Map 17-03-27-42-01003, Located Within the Olympic Street Right Of Way Near Rainbow Drive, Springfield).

 

2)ORDER 03-5-14-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Monique Sonnenfeld (Map 15-04-32-34-03800, Adjacent to 354 Greenwood Street, Junction City).

 

3)ORDER 03-5-14-5/In the Matter of Authorizing a Professional Services Contract with Linda Norris, Authorizing the County Administrator to Execute the Contract in an Amount Not to Exceed $7,500 and Establishing Lane County's Bargaining Team for Negotiations with AFSCME.

 

B.Public Works

 

1)ORDER 03-5-14-6/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Material Needs During the Fiscal Year 2003/2004, Contract No. 03/04-M&S-51.

 

2)ORDER 03-5-14-7/In the Matter of Awarding a Contract to The Halton Company in the Amount of $392,920.00, for the Purchase of Two (2), New, Motor Graders, Contract FY03/04 FS-01.

 

3)ORDER 03-5-14-8/In the Matter of Dedicating and Accepting Right of Way Deeds as Public Road for the Brown's Landing Road, Being Located Within Sections 3, 4 and 10, Township 16 South, Range 4 West of the Willamette Meridian (16-04-03, 4 & 10).

 

4)RESOLUTION AND ORDER 03-5-14-9/In the Matter of Authorizing the City of Oakridge to Assess Outside City Limits for Street Improvements to Second Street.

 

Dwyer requested B. 4) be pulled.

 

MOTION: to approve the balance of the Consent Calendar.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE 5-0.

 

B.4)

 

Dwyer asked what properties would be affected and what it would cost the homeowners.He didnít want someone to go bankrupt.

 

Sorenson recommended this be put on Wednesdayís schedule.

 

Van Vactor noted the Community Development Director in Oakridge called him about this.He thought Dwyerís concerns were well founded.He thought the Community Development Director should explain to the Board what the plans are.

 

10.COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

11.CORRESPONDENCE TO THE BOARD

 

None.

 

12.EMERGENCY BUSINESS

 

a.ORDER 03-5-13-11/In the Matter of Ratifying the County Administratorís Executionof Four Grant Applications to the Oregon State Marine Board and Four Grant Applications to the Department of Fish and Wildlife, Including Improvements at Perkins Peninsula Park, Hendricks Bridge Park, Richardson Park and Munsel Lake Landing

 

Jake Risley, Parks, explained this item is about grant opportunities through the Oregon State Marine Board and the Oregon Department of Fish and Wildlife.He noted they were entering their first round of funding for the 2003/2005 biennium funding process.

 

Risley noted the Armitage Park grant that was approved is completed and they came in under budget in the project.He said they give Lane County $25,000.He added there was concern from the Board on the contract language that the State Marine Board is using in the contract dealing with needing to sign off on Lane Countyís fees.He commented if Lane County is considering doing any fee increases, their contract language includes a line that states that Lane County needs to consult with them.He raised the issue with County Counsel and they suggested working with the Parks Department.He passed out a draft that Tony Bieda, Intergovernmental Relations, would be sending to the General Services Administration to voice his concern about the language.He noted it would be put on the Consent Calendar in June.

 

MOTION: to approve ORDER 03-5-13-11.

 

VOTE: 5-0.

 

LETTER/ Issue of Changing CentennialBoulevard

 

Sorenson noted the City of Eugeneís Planning Commission held a public hearing.He and Green appeared at the public hearing, testifying in favor of the proposal to change a portion of Centennial Boulevard that is in the City of Eugene to Martin Luther King, Jr. Boulevard.He spoke about the e-mail from Brian Genovese and a worksheet showing the cost of various signs.He noted the cost for the County would be about $7,036.He added the cost for ODOT signs and the waiver to install those would be $13,376.He said some of the debate doubted what he and Green said that the County would be willing to help them, but had not come to a formal conclusion.

 

MOTION: to move to send the letter dated May 14.

 

Dwyer MOVED, Green SECONDED.

 

Sorenson noted a change to take place, lessor to lesser.

 

VOTE: 5-0.

 

There being no further business, Commissioner Sorenson adjourned the meeting at12:00 p.m.

 

 

Melissa Zimmer

Recording Secretary