CC Minutes - 03/09/98 Meeting - Laserfiche WebLink

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Mr. Laue asked if the proposed legal fees budgeted in the program would be adequate for all potential appeals. Mr. Klein stated that the proposal would not cover expenses of a challenge which went to the Supreme Court, but that such litigation would not likely occur until fiscal year 2000. Mr. Lee asked for an explanation of the logical tie between fees and a company's number of employees. Mr. Potter replied that it was proposed as the basis for first-year fees for the program because it related to ability to pay and was based on data which was available. Mr. Lee said he was concerned that a fee would be established on the basis of ability to pay and not related to toxics issues. He suggested that a loan be provided to the Toxics Right-to-Know Program for its first year of operation which would be repaid from future years' fees. Mr. Farr stated that implementation of the Toxics Right-to-Know Program was mandated by a vote of Eugene citizens. He said companies were obligated to report their use of toxics and pay the cost of the program. He said he was not prepared to vote on the proposed budget until he was convinced it was as streamlined as possible. Ms. Swanson Gribskov asked if it would be possible to divide the cost of supporting the Toxics Right-to-Know Program between fees and the General Fund. Mr. Meisner replied that the amendment to the City Charter required that the program be self-supporting. He added that he would also oppose any suggestion that General Fund revenue be used to support the program because of the numerous other cutbacks in programs supported by it. Mr. Tollenaar called attention to difficulties in implementation of the Toxics Right-to-Know Program created by its nature as a charter amendment. He said he did not support placing legislative matters into charter or constitutional provisions. He said an example of the difficulties created was that it would be possible that a fee to support the program might never be enacted. Mayor Torrey stated that he agreed with Mr. Tollenaar, but that the program was mandated by a Charter amendment adopted by a vote of the citizens. He said he was intrigued by the loan proposal of Mr. Lee and would like to consider its ramifications. He said he believed the lowest possible budget for the program needed to be adopted. Mr. Laue stated that he also supported adopting as Iow a budget for the program as possible. He also said that he agreed with the comments of Mr. Tollenaar about legislative matters in charter provisions, but that it seemed to be a popular trend in the State of Oregon that would not go away. Minutes--Eugene City Council March 9, 1998 Page 5 7:30 p.m.