BOARD OF COMMISSIONERS'
REGULAR MEETING
December 8, 2004
1:30 p.m.
Commissioners' Conference Room
APPROVED 1/19/05
Commissioner Bobby Green, Sr., presided with
Commissioners Bill Dwyer and Anna Morrison present. Peter Sorenson was present via telephone. Don Hampton was excused. County
Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording
Secretary Melissa Zimmer were also present.
#13. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 04-12-8-5/In
the Matter of Reaffirming the Design Concept for Bernhardt Heights Road,
Adopted by the Board December 4, 2002 by Order Number 02-12-4-2, and Approving
a Modified Alignment and Cost Estimate, and Reporting on Status of the Project.
Sonny Chickering, Public Works, reported that
in December 2002 the Board completed a lengthy process of reviewing
alternatives for repairs for Bernhardt Heights Road and they did adopt a design
concept that provides for construction of a new alignment instead of a repair
of the existing alignment. He recalled
the Board made that decision based on staff recommendations and other
testimony. He commented that the local
residents would have preferred that they perform work on the existing alignment
instead of the new alignment that was approved. He noted in August 2004 County staff received a petition signed
by a majority of the local residents on Bernhardt Heights Road asking for the
Board to reconsider their decision and to return staff’s activity back to
repairing the existing alignment. He thought
it was important to bring the information back to the Board to reconsider the
prior design concept approval and reaffirm it or give other direction.
Chickering indicated concurrently they have
been working ahead and making progress on the design of the new alignment. He noted during the development process they
have discovered a better route. He
asked the Board to either reaffirm or redirect staff efforts.
Bill Morgan, Public Works, indicated there
are three parts of written testimony.
He noted they had updated Exhibit A that is in the supplemental packet.
Chickering noted that staff was recommending
that if the Board elects to reaffirm their direction to pursue a new alignment
that they modify the other approved project.
Chickering noted in the Board packet they had
outlined several options. He noted one
would be isolated repairs on the existing road as suggested by the resident
petition, the second would be to reconstruct the existing alignment to County
standards, the third would be to fix the slide along the roadway and change the
road status to local access road. He
said if that were to be approved, the County would not do routine and regular
road maintenance. He said they also
included an option to fix the slide and vacate the road and the County would
not be involved from that point forward.
He added they could cancel the project and redirect the money that had
been set aside to other priorities and continue maintenance of the existing
alignment.
Commissioner Green opened up the Public
Hearing.
Wendell Morse, a property owner on Bernhardt Heights. Said the road would go through his
property. His concern is that there is
an area by the end of his property that is part of a windbreak. He thought he would be affected and wanted
assurances that he would have some protection put in or built around the area
if that option were taken into consideration.
Deborah Peterson, stated she sent an e-mail. She thought Options 1, 2 and 3 were fine.
Loueene Harvey, stated she likes the current road even
though there are problems with it. She
noted there was one part of the road that was steep by the BPA that if there is
frost in the morning they could possibly go through the guardrail. She added that part of the road is steeper
than any other part of Bernhardt Heights Road.
She asked how that problem would be dealt with.
Elisa Gray, spoke on behalf of herself and her husband. She noted a neighbor had been a speaker for her and that was not
correct. She wanted a safe road. They preferred the current road. She was concerned about the BPA steep road
with ice on it. She didn’t think the
current road had to be two lanes.
James McCartney, stated he lives with the Morse family. He commented the BPA road is steeper than
their road. He wanted to keep the
original road.
Keith Stanton, stated he represents Arthur Perkins, 7681
Bernhardt Heights Road, and forwarded comments to the Board. He said the gravel road had been there for
over 100 years and he suggested leaving it as is. He thought the cost of maintaining the new road is about $5,300
per year. He said in the materials
provided by Public Works he extracted the County information for the
maintenance of the road and it would only cost $4,800. He noted the new road would cost more to
maintain. With regard to the existing road,
he noted there is concern for safety and if they could get guardrails and more
cut into the road it would be better.
He said if they were looking to improve the safety and the maintenance
of the road, it could be done incrementally.
He noted the new road was actually steeper than the current one.
There being no one else signed up to speak,
Commissioner Green closed the Public Hearing.
Dwyer asked about the steepness of the BPA
road and the guardrail.
Chickering responded that the BPA road is steeper. He noted it is in a shadow for long periods
of time. He noted there is an existing
guardrail. He said they have the
opportunity to put on anti-icing chemicals.
He said they run the risk with the existing road and think it would be
safer to have the new roadway.
Morrison didn’t support Option 5, 6 and
7. By Option 3, she thought they would
continue to have problems with the road as it will continue to shift and have
slide situations take place. She
thought the modified alignment for the road would cut the cost from what they
had originally approved and it makes it shorter. She supported Option 2, the modified alignment.
MOTION: to move approval of modified alignment, Option 2 at $330,000.
Morrison MOVED, Green SECONDED.
Green commented they needed to do what is
best for safety. He wasn’t comfortable
doing the least amount of work but he favored Option 2.
Dwyer stated he would feel better if they had
some way to raise the guardrail so the driver’s don’t go over the side.
Chickering indicated the project as proposed
will be constructed and any work with the guardrail would be in addition to
what was shown today. He said they
could replace the guardrail. He
indicated the majority of the alignment would not meet County standards. He added the $330,000 does not include any
work on the existing BPA road.
Green asked Chickering to come back with the
revised estimate including the lifting of the guardrail with Option 2. He didn’t want to delay this project
further.
Chickering said he would return in January.
Motion was pulled.
b. SECOND READING AND PUBLIC HEARING/Ordinance
No. 19-04/In the Matter of Amending Chapter 7 of the Lane Code to Add a
Provision Pertaining to Filing of Rabies Vaccination Certificate, Issuance of
Tag (LC 7.088)(NBA & PM 11/23/04).
Wilson reported the ordinance had been
prepared with four options on alternative language. She recalled at the first reading Morrison asked for additional
work on the confidentiality aspect of the ordinance. She said included in the packet is a memorandum. She noted the Attorney General’s office has
the same analysis that the Public Records Law doesn’t cleanly protect
veterinarian’s records. She said they
had written language in the ordinance to provide the argument about trade
secrets about a veterinarian’s client list, but if a request for public
information came in that wasn’t specific to a particular veterinarian, that
type of information would be available under the current public records law. She added the Board wanted additional
information regarding financial figures.
Van Vactor stated he hadn’t had time to
contact LCARA to do a more detailed financial analysis. He stated he, David Suchart and Mike
Welllington met and the memo dated November 27 in the packet indicates when
other counties have increased their licenses, how their revenue was handled and
how would it work in Lane County. He
said they would have to talk to the cities about a 50/50 split. He thought they should try to get LCARA off
of Lane County’s general fund so it is self-sufficient.
Green reported that Hampton was excused for
this afternoon and requested that they deliberate and have discussions without
any action. He added a third reading
and deliberation would take place next week.
Commissioner Green opened up the Public
Hearing.
Jeani Sapienza, P. O. Box 41868, Eugene, noted the LCARA
task force recommendation that was submitted last year should be approved,
making it mandatory for all Lane County veterinarians to notify LCARA when dogs
are given rabies vaccinations. She
noted that veterinarians were already completing the proof of rabies form and
could provide a copy to LCARA. She said
from that LCARA could compile a list of vaccinated dogs in Lane County. She added a database could keep rabies
information and help ensure compliance that dogs be vaccinated and
licensed. She noted that only 17% of
Lane County’s 75,000 dogs are currently licensed. She said that hundreds of thousands of dollars from licensing
could provide LCARA with the funding it needs and lessen the need for general
fund revenue. She thought a spay and
neuter voucher program for low-income individuals with pets is a way to reduce
the amount of unwanted animals being born.
She added that micro chipping was another way to save lives and
funds. She asked the Board to consider
the task force recommendations.
Diana Robertson, 1416 Santa Rosa St., Eugene, stated she
represented the non-profit organization SARA and is the executive
director. She said their mission is to
rescue, assist and advocate for the animals at LCARA. She said they are in favor of having mandatory rabies reporting
because of the proposed 20% increase in dog licensing that should lead to fewer
dogs getting impounded in the shelter.
She stated that up until this past October, they were able to rescue all
of the dogs that were considered adoptable but with the economy struggling,
both humane societies were full and they had to let good dogs die.
Rita Costello, 6825 F Street, Springfield, stated she was
for the proposal. She said they would
be euthenizing less dogs. She noted of
the states and municipalities that had done this, no one had rescinded the
ordinance.
Candice Kinegry, 3290 County Farm Road, she said volunteers
for re-homing pets, getting them out of shelters. She said she spoke with Mike Wellington, LCARA and he said no way
would the mandatory rabies reporting be a police action. She said there is no legal consequence. She thought the only people who would be
impacted negatively are those working outside of the law. She urged the Board to pass this measure.
Roberta Boyden, 1568 Fairmont, stated she had been a
veterinarian for seven years and is a member of the Lane County Veterinary
Medical Association and was a member of the LCARA task force. She reported she had worked in veterinarian
clinics in six states and with the exception of Lane County, rabies reporting
of dogs and cats was required and part of a normal procedure when an animal was
vaccinated. She added that rabies reporting was the norm rather than the
exception. She commented that rabies
reporting of companion animals serves the community in a number of ways. She said it lets them know who is protected
by rabies should another animal bite it.
She said having a uniform rabies tagging system will benefit lost
animals and increasing licensure means more will have a tag and it would make it more likely that the animal would
be returned home. She added it would
also create a permanent revenue source for LCARA. She thought client confidentiality had been addressed in the
code. She asked, as procedures for
reporting are developed, that veterinarians be consulted so the reporting could
be as simple and efficient as possible.
She didn’t want the enforcement of the rabies law to enforce limit
laws She didn’t think it was in the
public’s best interest to reduce the number of homes for animals in this time
of overpopulation, or to decrease the number of rabies vaccination out of an
individual’s fear that they might lose their pet if too many animals reported
to the same address.
Chris Horton, recalled last year on December 3 the LCARA
task force report was given. He said
nothing has been done with the whole task force study He wanted to see something done with a pet food surcharge that
reduces licensing numbers. He wanted a
portion of the surcharge to go to spay and neuter programs and low income
vouchers. He recommended putting the
flyers in tax statements so they could generate more licenses. He said they needed more money for
kennels. He asked the Board to place
equal importance on the reported findings of the task force.
Lorraine Still, P. O. Box 1213, Creswell, asked the Board
to follow the recommendations of the Veterinarian Association and vote against
the ordinance.
Robert Herman, 625 W. 25th, Eugene, urged the
Board to support this ordinance.
Jack Dresser, 38131 McKenzie Highway, thought the
proposal addressed the public health objective of rabies. He said rabies reporting had been proven in
a number of jurisdictions around the country.
He said it had yielded significant outcomes at little cost. He thought by increasing dog registration it
would generate funds for humane programs. He didn’t want that money going into
the general fund. He wanted to see
funds going toward the purchase of a mobile spay and neuter van. He wanted a sliding scale developed for
low-income people. He reported that the
law already mandates rabies vaccines and dog licensure and this measure would
facilitate compliance with the law.
Scott Bartlett, 1445 21st Avenue, Eugene, said
the task force backs this ordinance. He
said it is also a public health mechanism.
He noted they don’t have a database system for rabies retrieval or for
licensure.
Mary Ann Holser, 2620 Cresta de Ruta, commented that rabies
is a dangerous disease. She said it is
a public health issue. She thought it
is the community responsibility to take care of their own pets and keeping them
healthy. She thought the reporting
issues could be worked out through the legislature.
Jeanette Overholser, 30300 Cottage Grove Lorane Road, Cottage
Grove, agreed with comments made by other task force members. She commented that rabies is present in Lane
County. She stated the animal
population is growing along with the population of Lane County. She added LCARA is not growing and their
staff has decreased. She said they need
more funding, staffing and kennels.
Al Philips, P. O. Box 2146, Eugene, said
they have a space problem at LCARA. He
said they should start looking at a bond levy to expand LCARA. He noted the kennel clubs agreed with the
Board and Scott Bartlett that part of the funding for licenses for the kennels
was to go toward spay and neuter education and PR. His recommendation was with regular licensing to allocate a
particular amount of money toward spaying and neutering. He said they need to go forward with the
limit law problem.
Dr. Jim Jett, 2990 Floral Hill Drive, Eugene, said he has
been a practicing veterinarian in Lane County for the past 25 years. He said his practice is in the Thurston area
of Springfield and his clients have Springfield mailing addresses. He
understood that under this ordinance there would be certain penalties for
non-compliance for veterinarians. He
agreed that LCARA needed a better funding source and many animal welfare needs
are not being addressed. He commented
that most people requesting services are not licensed dog owners and most of
the animals for LCARA calls are not licensed dogs. He thought they should examine a pet food tax. He said he had no
problem with reporting animals that he vaccinates to the County, but he
couldn’t determine where they live. He
was concerned about the limit laws and the confidentiality of his records.
Dwyer commented licensing isn’t determined
where a pet owner lives, but where the veterinarian’s facility is located
Wilson explained this law would apply within
the city limits of Springfield if the Springfield City Councilors consent or
enact a similar ordinance. She noted if
a practice existed outside the city limits in unincorporated Lane County, it
would apply to the practice. She said
it is a reporting requirement of the veterinarian, it is not dependent on the
location of where the dog owner lives.
Sylvia Calderwood, 28140 Spencer Creek Road, Eugene, she said she knows people whose dogs have rabies shots but they don’t have licenses. She noted that rabies shots and licenses are two separate things. She commented that limit laws are a big concern.
Debbie Barry, Pleasant Hill, commented that more dogs have rabies shots than are licensed. She thought they had to deal with limit laws for people to comply. She thought all animals should be vaccinated against rabies.
Chula Gerne, 933 Jackson St., supports mandatory reporting for rabies vaccination. She said in Lane County there are not enough resources for feral animals. She added that by having more dogs licensed it would generate more revenue to help LCARA.
Jill Andres, P. O. Box 856, Marcola, commented she knows people who live outside the city limits do not want to license their dogs. She added they do try to keep up their rabies vaccination. She thought this might have an opposite affect and people might not get their animals vaccinated.
Sandra Smalley, 155 Coachman, Eugene, said if public health is the issue then she thought that cats should also be vaccinated. She added that cats are carriers of rabies, rarely dogs.
Bob Still, 83076 N. Bradford, commented that people would fight, flee or flow.
Dresser recommended using convenience stores as a place to buy licenses when customers pick up their beers.
There being no one else signed up to speak, Green closed the Public Hearing.
Dwyer entered Judge Sinclair’s letter into the record.
MOTION: to move to defer action until next week for
a Third Reading and Deliberation for Ordinance No.
19-04 for December 15.
Dwyer MOVED, Morrison SECONDED.
Wilson indicated there is a state statute on
the books that requires dogs to receive a rabies vaccination. She said they are discussing a reporting
requirement.
VOTE: 4-0.
Dwyer agreed they needed to build more
kennels at LCARA. He thought they
should be more judicious about microchipping.
Morrison asked how many rabies bites they
deal with on an annual basis in Lane County.
Suchart said he would find out that
information from Rob Rockstroh.
Green commented that the Board was given a list of projects and extra kennels was not on the list.
14. COMMISSIONERS' ANNOUNCEMENTS
Dwyer announced that Tuesday at 9:30 a.m.
Morrison is giving turkeys to Food Share and at 10:30 the other Board members
are meeting at Safeway at 18th & Oak. He added they would be giving away 592 turkeys. He reported tomorrow is an MPC meeting about
the West Eugene Parkway.
15. CORRESPONDENCE TO THE BOARD
None.
16. OTHER BUSINESS
Van Vactor noted they had an e-mail exchange
between the two mayors between city limits and the urban growth boundary. He asked if there were any suggested
changes. He asked the Board to get back
to him by e-mail.
Green noted if Van Vactor doesn’t hear back
from the Board then he could go forward.
Green announced that he and Morrison would be
attending the River Road Park District meeting tonight to be part of a
discussion on a transition manager.
There being no further business, Commissioner Green adjourned the meeting at 3:30 p.m..
Melissa Zimmer
Recording Secretary.