MINUTES OF THE METRO COUNCIL MEETING

August 3, 2000

Metro Council Chamber

Councilors Present:  David Bragdon (Presiding Officer), Susan McLain, Ed Washington, Rod Park, Bill Atherton, Rod Monroe, Jon Kvistad (by phone)

Councilors Absent:  None

Presiding Officer Bragdon convened the Regular Council Meeting at 5:32 p.m.

1.  INTRODUCTIONS

Honoring of Cemetery Restoration Group

Dan Kromer, Manager of Metro Regional Parks Operation and Maintenance, thanked the council for presenting certificates of appreciation. He described the recent vandalism and cleanup at the Lone Fir Cemetery. He also recognized Janelle Geddes, Bill Glenn, Cherie Ireland, and Lupine Jones, of the Parks Department.

Presiding Officer Bragdon expressed his appreciation to all of the volunteers who assisted in the cemetery vandalism cleanup. He then acknowledged the contributions of the Pioneer Waterproofing Company, Oregon Wibert Vault and Casket, Vancouver Granite, Portland Impact, Ken Jones, and Joe Lyons. Presiding Officer Bragdon noted that restoration work parties will meet at Lone Fir Cemetery every Thursday evening at 6:30 p.m. through the end of September, with a wrap-up on the last Thursday of September. An outline of the presentation is included in the meeting record.

Deputy Presiding Officer Washington distributed Certificates of Appreciation to the volunteers.

Jeannie Robinson, Executive Director of the Oregon Historic Cemetery Association, presented the volunteers with certificates from the Oregon Historic Cemetery Association.

Presiding Officer Bragdon thanked staff for their hard work.

2.  CITIZEN COMMUNICATIONS

None.

3.  EXECUTIVE OFFICER COMMUNICATIONS

None.

4.  AUDITOR COMMUNICATIONS

None.

5.  MPAC COMMUNICATIONS

None.

6.  CONSENT AGENDA

6.1  Consideration of minutes of the July 27, 2000, council meeting was removed from the agenda.

7.  ORDINANCES –FIRST READING

7.1  Ordinance No. 00-870, For the Purpose of increasing to one year the maximum period of exclusion from the Oregon Zoo and Declaring an Emergency.

Presiding Officer Bragdon assigned Ordinance No. 00-870 to the Metro Operations Committee.

8.  RESOLUTIONS

8.1  Resolution No. 00-2929, For the Purpose of Submitting to the Voters an Amendment to the Metro Charter Abolishing the Office of the Executive Officer, Creating the Office of Council Chair Making Related Changes.

 Motion:  Councilor Monroe moved to adopt Resolution No. 00-2929.

 Seconded:  Councilor Park seconded the motion.

Presiding Officer Bragdon noted that Councilor Kvistad was out of town and would attend the meeting by telephone.

Councilor Monroe presented the resolution. A copy of the Operations Committee report and the staff report to the resolution include information presented by Councilor Monroe and are included in the meeting record. He directed the council's attention to Monroe Amendment #1, Atherton Amendment #1, and Atherton Amendment #2, copies of which are included in the meeting record.

Presiding Officer Bragdon opened a public hearing on Resolution No. 00-2929. He said the final public hearing was scheduled for the council meeting on Thursday, August 10, at 2:00 p.m. in West Linn.

Leeanne MacColl, President of the League of Women Voters of the Columbia River Region, 2620 SW Georgian Place, Portland, read her letter into the record, a copy of which is included in the meeting record.

Aleta Woodruff, MCCI, 2133 NE 95^th Place, Portland, reported that a letter from the Metro Committee for Citizen Involvement would be forthcoming. At its meeting last night, MCCI voted 6 to 1 against changes to the Metro Charter, as proposed in Resolution No. 00-2929.

Dennis Ganoe, 14723 SE Orchid Avenue, Milwaukie, said he was a member of North Clackamas CPO and MCCI, but was testifying today as a private citizen. He said his first reaction to reading Resolution No. 00-2929 was it was a naked power-grab by somebody, and he did not like it. He predicted that the voters would have the same reaction. He said the resolution was going before the voters too quickly with too little review and too little citizen input.

Ken Gervais, 2212 NE 11^th, Portland, summarized his written comments, a copy of which is included in the meeting record.

Presiding Officer Bragdon closed the public hearing.

Councilor Atherton spoke to his motion. A copy of Atherton Amendment #1 is included in the meeting record. Councilor Atherton noted the public testimony in opposition of Resolution No. 00-2929. He said the council had a relatively brief discussion on the subject at its retreat last year, and unanimously agreed to a less draconian step of eliminating the Executive Office and hiring a professional manager. He said Atherton Amendment #1 more correctly reflects that thinking, is less draconian, saves money, reduces duplication, and sets up the council to be more of a policy-driven organization, rather than a power-grab with a strong-man government. He said a strong-man government is unnecessary because Metro is not a city, and the region does not need a mayor.

Councilor Kvistad commended Councilor Atherton for his amendment, and said he supported it. He said the public supported a weak regional government that was dependent upon its local partners. He strongly felt that the proposal before the council was a mistake of fundamental proportions and would result in the ultimate dismantling, and possible elimination, of Metro, because it continued the current dysfunction. He recommended that the council rethink the direction in which it is going.

Councilor McLain noted that she has received a number of letters concerning the charter reform. She said she could not vote for Councilor Atherton’s amendment because the council’s goal was to create an efficient structure in order to make it easier for all of Metro’s elected officials to work. She said she has served under two Executive Officers, and experienced ten Presiding Officer elections. She said the council has the opportunity to analyze the problems identified by the public. She said she could not support continuing the status quo because it was inefficient and ineffective.

Councilor Park said he would also not be voting in favor of the amendment. Originally, he supported the idea of eliminating the elected position of an agency manager, but otherwise maintaining the existing structure. However, his opinion changed as a result of observing how Metro has addressed recent issues. The council currently elects one of its own to preside over the council and address the region as a whole. Unfortunately, the Presiding Officer also comes under significant pressure from special interest groups to consider his or her own district, also. He said the structure proposed in Monroe Amendment #1 would help eliminate that problem by electing the Council President regionally, and therefore enabling him or her to look at things regionally. Electing each councilor from a district would allow district concerns to be heard at council level, and any council action would still require a majority vote. He said eliminating the elected executive was an important part of the proposal. It clarified who spoke for Metro, because in the end, the Metro Council set Metro policy.

Councilor Monroe said the problem with Atherton Amendment #1 is that it eliminates any regionally elected head of the agency, and therefore will significantly weaken Metro. The current problem is not that Metro has a regionally elected executive, it is that Metro has a regionally elected executive who has absolutely no policy making power, and yet is viewed as the voice of Metro. Executive Officer Burton has found this arrangement to be very frustrating, and has stated his desire for a vote on the council. The proposal before the council, without Atherton Amendment #1, does just that: it creates a regionally elected position that has a vote on the council.

Presiding Officer Bragdon said he also would not support Atherton Amendment #1. One of the things he heard during Metro's extensive public involvement was that people value having one person who speaks for Metro throughout the entire region, for whom they are able to vote. Atherton Amendment #1 would take that away, and probably result in a failed ballot measure in November.

Councilor Kvistad said there was more at stake with this amendment than the elimination of the Executive Officer. Without Atherton Amendment #1, the proposed Presiding Officer/Executive Office position would be more powerful and less accountable than the current structure. Rather than solve the current problem, it would only compound it. He supported Atherton Amendment #1, and said he believed it was the only way to save Metro.

Councilor Atherton closed by saying that his proposal answered one of the key questions the council has been trying to solve: who speaks for Metro? Under Atherton Amendment #1, the answer is very clear: the council speaks for Metro. At council, the issues are presented in writing, and debated by a seven-member council. He asked for an aye vote.

Councilor Atherton said he introduced Atherton Amendment #2 at the request of Ray Phelps, a constituent. As Mr. Phelps was not in the audience to speak to the amendment, Councilor Atherton said he would not bring the amendment forward at this time.

Councilor Monroe said his amendment was developed after lengthy discussions, consultation with former Governor Barbara Roberts, Presiding Officer Bragdon, and other members of the council. In his opinion, his amendment accomplished the goal of having a streamlined, stronger Metro, with a regionally elected head, who sits on the council and who cannot act without the concurrence of the council. The public would still vote for both a regional voice for Metro, and for its district councilor. Monroe Amendment #1 would save the agency a minimum of $250,000 in staff costs, and would give voters the ability to choose who sits in the seat now occupied by Presiding Officer Bragdon. Monroe Amendment #1 would also allow the council to appoint certain staff, such as a Chief Operating Officer, and to determine their responsibilities. He said the amendment would not replace the currently elected Executive Officer with an appointed Executive Officer.

Dan Cooper, General Counsel, briefly described recent technical amendments to Monroe Amendment #1.

Presiding Officer Bragdon spoke in support of Monroe Amendment #1. He credited Executive Officer Burton for bringing the general concept forward. He said Councilor Monroe's work addressed the concerns raised at the open houses and by the council, and reflected the insights given by Multnomah County and Washington County, which had similar government structures. He felt the amendment clarified how to integrate a regionally elected person, which the public has consistently supported, with the council as a team.

Councilor Atherton asked the Presiding Officer how Monroe Amendment #1 would strengthen individual council members.

Presiding Officer Bragdon said in his view, Monroe Amendment #1 strengthened individual council members through the hiring and firing authority, and the organizing of the council itself. The first proposal gave the Presiding Officer more unilateral authority without checks by the council.

Councilor Monroe said the Presiding Officer was correct. As an example, he noted that the council was not consulted when Bruce Warner was hired by Executive Officer Burton as Metro's Chief Operating Officer. Under Monroe Amendment #1, a majority of the council would have to support such an appointment.

Councilor Atherton asked Councilor Monroe about page 4 of the amendment, concerning council salaries. He asked Councilor Monroe about his intent in the section on reimbursements.

Councilor Monroe said council salaries were not altered in this proposal. Currently by Metro Charter, council compensation was tied to one-third of a district court judge's salary. However, there were no longer any district court judges; they were now called circuit court judges. The regionally elected Council President would receive the same salary that Executive Officer Burton currently received.

Mr. Cooper said the language changes regarding full compensation were meant to remove any possibility that a Metro employee could be elected as a Metro councilor and receive two salaries from Metro.

Councilor Atherton said the council had enough to do without being involved in employee hiring and firing decisions, which could be highly divisive.

Councilor Park commended Councilor Monroe on the drafting of his amendment. It covered many of Councilor Park's concerns. Having an elected manager made it extremely difficult to operate Metro efficiently, and created confusion for the public. Moving to a regionally elected policy maker would eliminate that confusion. He did not know if Monroe Amendment #1 would result in a stronger Metro, but he did believe it would make a more efficient Metro. This proposal would clarify that the council is ultimately responsible for all Metro policy.

Councilor Monroe closed by speaking to the testimony about a “power grab.” He said the testimony puzzled him, because he did not know for whom it would be a power grab. Executive Officer Burton could not run for the position, and he originally proposed the new structure. No one on the council would receive more money or more power. Those councilors elected by district may have slightly more responsibility because they would represent 220,000 people instead of 190,000. He said the proposal was well crafted and well thought out, with advise from many sources, and the consensus of opinion was dramatic.

Mr. Cooper added that on August 10, the Council would also vote on a ballot title to send to the voters. Legal counsel would now take the latest amendments to the resolution and draft a slightly revised ballot title.

Presiding Officer Bragdon said this resolution would become Resolution No. 00-2929A and be held over until August 10, for a final vote.

9.  COUNCILOR COMMUNICATIONS

Councilor Park said Mr. Cooper, Mr. Cotugno, and he attended the Land Conservation and Development Commission (LCDC) meeting last week. LCDC unanimously approved Metro's UGB Periodic Review Work Program, with minor modifications. Metro was now officially in periodic review.

Councilor McLain invited the council to join her at the Washington County Fair, which would continue until Sunday, August 6. She said on a average, 300 people visited the Metro booth each day. Their interests included land use, greenspaces, solid waste, recycling, and the new exhibit at the zoo. She thanked staff for helping at the booth.

Presiding Officer Bragdon said the Joint Policy Advisory Committee on Transportation (JPACT) would meet on Thursday, August 10, at 7:30 a.m. He said last week, he and Councilor McLain attended a meeting with westside business representatives on the topic of transportation. He thanked Councilor McLain for her involvement, and the businesses for their advise.

10.  ADJOURN

There being no further business to come before the Metro Council, Presiding Officer Bragdon adjourned the meeting at 6:43 p.m.

Prepared by

Chris Billington

Clerk of the Council