BOARD OF COMMISSIONERS'

REGULAR MEETING

October 19, 2005

9:00 a.m.

Commissionersí Conference Room

APPROVED 6/28/06

 

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

 

1. ADJUSTMENTS TO THE AGENDA

 

Morrison announced that item 5 a. had been pulled.She noted that Green was on his way to Houston, Texas and will call in around 10:00 a.m.

 

2. PUBLIC COMMENTS

 

Carol Berg Caldwell, Pleasant Hill, invited the Board to an event at the Community Free Space, where they open their property up to the community.

 

Jim Weaver, Eugene, stated he was strongly opposed to a sales tax to finance public safety.He stated he would run against Commissioner Stewart in the election if a sales tax were placed on the ballot.

 

Kari Westlund, Veneta, thanked Green for his efforts in obtaining the 2008 Olympic Track and Field Trials.She noted the trials would be held June 27 to July 6, 2008.

 

Randy Prince, Eugene, said he and Carol Berg Caldwell talked with the task force about public safety funding.He thought people would oppose a sales tax or gross receipts tax because a new tax means a new bureaucracy, and people perceive problems with a tax like that.He noted that there should be a limit on how taxation is set.He said their proposal to fully fund a prevention services program would be a source from real estate sales in the area.He said there is $18 billion worth of residential property and there is an appreciation of value.He thought people would be willing to contribute a small portion of their appreciation.He thought the Board should look at where people have the money.

 

3. EMERGENCY BUSINESS

 

None.

 

4. COMMISSIONERS' REMONSTRANCE

 

None.

 

5. COMMISSIONERS' BUSINESS

 

None.

 

a. ORDER 05-10-19-1/In the Matter of Awarding Time Management to Judy Borgstahl and Miriam Bolton for Their S.A.V.E. Proposals. (PULLED)

 

b. REPORT/Draft Master Plan for the Willamette Middle Fork State Parks.

 

Ron Campbell, State Parks, gave an overview of the master planning process for 15 parks on the Middle Fork Willamette River and Dexter and Fall Creek Reservoirs.He distributed a report. (Copy in file). He reported they are at a point in the process where they have a draft master plan that has been reviewed by the general public and their advisory committee.He added they had gone through a written comment period.He said they will now be working with the County planning staff to assess the capability of this master plan with the Countyís Comprehensive Plan.He noted if there were incompatibility issues, they would either make adjustments in the master plan so it is compatible or they will apply for an amendment to the Comprehensive Plan.He said from that point they will begin an adoption process involving adoption of the master plan as a state rule.

 

Campbell said they would be meeting with their own state parks commission on October 27 to introduce the draft and hear comments.He noted they wouldnít take action; it is done through a rule making process.He said they would be asking staff to assess compatibility with the Comprehensive Plan and they will note what kind of process would run concurrently with the state rulemaking process.

 

Morrison asked what it would cost to implement all of the proposals.

 

Kathy Shut, State Parks, responded that for master plan purposes they donít put budgets together because the actual implementation of what is in the plan is a separate decision that is made by the department on a biannual basis.He said they want to have a master plan in place that is approved by the County so they could be assured of the ability to go forward with the projects.She added they donít come up with budgets because it could be a few years before they implement the projects.

 

Campbell indicated they held scoping meetings and heard from the public.He noted they received a lot of participation for the first meeting.He said they had equestrian groups and local hunters interested in the plan.He added the second round of meetings were not well attended.He said they had responses from the public that resulted in additions to the master plan including a floating restroom on Fall Creek Lake and recommendations to put in small food concessions at Dexter and Windberry.He said the comments had been minimal and generally supportive of the proposals.

 

Morrison asked if this would go through the Lane County Planning Commission.

 

Campbell responded that if some reconciliation would be needed it would then go to the Planning Commission.He said the next step would be to formally ask County planning staff to assess the compatibility of the plan with the Comprehensive Plan and they would work with Kent Howe on the timeframe he thought would be needed to complete the assessments.

 

c. FIRST READING AND SETTING A PUBLIC HEARING/Ordinance No. 5-05/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Lane County Sales Tax and Use Tax, to Dedicate the Revenues, to Adopt Administration and Collection Provisions, To Renumber Differential Tax Provisions, and to Set an Effective Date (LC 4.400 through 4.462) (Second Reading and Public Hearing: November 2, 2005 at 1:30 p.m. and 6:00 p.m.).

 

d. FIRST READING AND SETTING A PUBLIC HEARING/Ordinance No. 6-05/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Lane County Gross Receipts Tax, to Dedicate the Revenues, to Adopt Administration and Collection Provisions, To Renumber Differential Tax Provisions, and to Set an Effective Date (LC 4.500 through 4.562) (Second Reading and Public Hearing: November 2, 2005 at 1:30 p.m. and 6:00 p.m.).

 

Wilson said they had scheduled a work session next week to go through a more detailed explanation of what the ordinances contain and to complete the discussion that began last week when they received the task force report.She added if they approve the first reading, they would have a public hearing for the afternoon and evening.She indicated that if they want to enact them, they could have a discussion on November 2.She added at next weekís meeting there will be memos presented that show a range of options relative to potential election dates and their timing implications.

 

Van Vactor added the purpose today is to read and start the process.He said next week is designed to be informational.He said they would then be going through the public hearing process before there is any consideration.He noted at that point the Board could possibly have a different direction.

 

Sorenson asked if the Board sets a hearing on the proposed ordinance under the Lane County Charter, if it allowed the Board of Commissioners to implement the sales tax at the maximum level.

 

Van Vactor indicated they had similar options with regard to gross receipts.

 

Sorenson asked if this ordinance was set up for enactment by the Board of Commissioners after the public hearing.

 

Van Vactor responded that Annette Newingham was working on the referendum and voters pamphlet.

 

Morrison thought the public hearings could stimulate some questions they hadnít thought about that would need answers.

 

Stewart thought there was a necessity to do something with public safety and this was the recommendation by the task force.He indicated that they are moving forward and once they have the public hearings and all questions are answered, they might find other options.He was committed to finding a solution to the funding problems with public safety.He thought it was the first step in trying to find the solution.

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 5-05 and Ordinance No. 6-05 for November 2, 2005 at 1:30 p.m. and 6:00 p.m. at Lane Community College, 4000 E. 30th at Center for Meeting and Learning, Building Number 19, Room 204.

 

Stewart MOVED, Morrison SECONDED.

 

Sorenson stated that he had repeatedly asked questions about this measure in e-mails to Van Vactor and at the table. He was told they would be answered at the public hearing or the work session.He said in his judgment the people of Lane County do not want a sales tax.He said it is not a good idea for Lane County to be the first county in the State of Oregon to initiate a sales tax.He said he would not vote in favor of a public hearing to hold a sales tax public hearing unless he gets his questions answered.He indicated that he has followed the matter carefully and the failure to describe the measure in whether they are going to enact it as an ordinance or refer the property tax will justify in his mind to voting no.He was in favor of holding a public hearing to discuss public safety issues and revenue options, but he was not in favor of moving ahead on an ordinance to establish the first retail sales tax for a county in the State of Oregon.

 

(The Board took a recess to try to contact Commissioner Green or Commissioner Dwyer by telephone, but they could not be reached.Morrison moved this item to the afternoon).

 

The motion and second were withdrawn and they will revisit this matter in the afternoon.

 

(This was heard in the afternoon meeting.Commissioner Green was present by telephone).

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 5-05 and Ordinance No. 6-05 for November 2, 2005 at 1:30 p.m. and 6:00 p.m. at Center for Meeting and Learning, Building Number 19, Room 204 at Lane Community College 

 

Green MOVED, Stewart SECONDED.

 

Sorenson thought by putting a sales tax on for a public hearing that the commissioners that are voting for this want to enact a sales tax.He thought it was wrong for the Board to put on such short notice that they are giving a sales tax up to $65 million when there are other ways of solving public safety problems.He stated he had given several alternatives that had been rejected.He said no to a sales tax. He thought it was wrong for the Board to do this.He didnít think the public would stand for it.

 

VOTE: 3-1 (Sorenson dissenting).

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor stated on Monday he attended the second local Public Safety Coordinating Council Statewide Conference.He noted it was sponsored by the Oregon Criminal Justice Committee.He distributed information from the conference.

 

7. CONSENT CALENDAR

 

A. Approval of Minutes:None.

 

B. Public Works

 

1) ORDER 05-10-19-2/In the Matter of Amending Chapter 60 of the Lane Manual to Revise Amenity Permit and Appeal Fees and to Establish Fees for Facility Permits, Deviation Requests, and Appeals (LM 60.851).

 

2) ORDER 05-10-19-3/In the Matter of Appointing the Investment Manager of the Oregon State Excess Fund as Attorney-In-Fact for Lane County in a Limited Capacity and Authorizing the County Administrator to Sign the Power of Attorney.

 

C. Workforce Partnership

 

1) ORDER 05-10-19-4/In the Matter of Appointing Two Members to the Lane Workforce Partnership Board of Directors.

 

MOTION: to approve the Consent Calendar.

 

Stewart MOVED, Sorenson SECONDED.

 

VOTE: 3-0. 

 

8. HEALTH AND HUMAN SERVICES

 

a. ORDER 05-10-19-5/In the Matter of Approving a Revision to the Community Corrections Act Plan; Appropriating an Additional $175,000; and, Adding 1.0 FTE Parole & Probation Supervisor Position in the Department of Health & Human Services.

 

Rob Rockstroh, Health and Human Services, explained that this is the process of increased revenue from the Department of Corrections.He noted that the Supervisory Authority Team had recommended a split.He added a supervisor in Health and Human Services for Parole and Probation.He noted some of the money could go to backfill the Sheriff to fill up the losses they have for the jail.He noted on the Health and Human Services side, it allows them to add another Parole and Probation supervisor.He said there is money reserved.He added that the next biennium they might have more money because of the way the formula works.

 

Morrison reported this was at the PSCC and there was discussion on the proposal. She indicated that it was approved to move forward to the Board.She was supportive of the motion.

 

MOTION: to approve ORDER 05-10-19-5.

 

Stewart MOVED, Sorenson SECONDED.

 

VOTE: 3-0.

 

b. ORDER 05-10-19-6/In the Matter of Appointing Two Members to Fill Vacancies on the Community Health Centers Advisory Council.

 

Rockstroh explained this is a recommendation for two people to fill two vacancies, a youth consumer and a consumer rep.

 

Morrison wanted to know if it was a federal requirement that a youth rep is on the committee.She wanted to know as they move forward with the appointment, how the attendance works.She commented that the youth representation they have on other advisory committees had marginal attendance.

 

MOTION: to approve ORDER 05-10-19-6.

 

Stewart MOVED, Sorenson SECONDED.

 

VOTE: 3-0.

 

9. PUBLIC WORKS

 

a. ORDER 05-9-21-2/In the Matter of Vacating a Portion of B Street, a Public Road Within the Plat of Colesí First Addition to Marcola, as Platted and Recorded in Book 3, Page 4, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-01-18-33) (NBA & PM 9/21/05 & 10/12/05).

 

Stewart indicated that last night at his town hall forum in Marcola he was handed pictures from one of the property owners and a map showing the proposed vacation.He wanted to disclose that he received those articles and put them in the record.

 

Bill Robinson, Surveyor, recalled that this was to come back to the Board from the September 21 meeting where there was a 2-2 tie.He said they forwarded this to the Board so Green could vote.He explained that this vacation (when it was presented) was similar to two others they had done before in the past two years, Pine Street and Glenada, where the contiguous properties around were approved for a vacation for use by the petitioner.He added there was one in December 2003, Rose Street in Blue River where the issue was dumping and vehicles that were being left.He distributed a tax map (copy in file).He noted there are petitioners on the north and south side.He added there is a dead end on the west side of the property.

 

Green thanked staff for bringing this back. He planned on voting in favor of the order.

 

MOTION: to approve ORDER 5-9-21-2.

 

Stewart MOVED, Green SECONDED.

 

VOTE: 4-0.

 

b. ORDER 05-10-12-6/In the Matter of Appointing One Member (Todd Johnston) to the Lane County Planning Commission.

 

Morrison noted this was pulled from last week in Greenís absence.She indicated that she and Stewart interviewed for the vacancy that was created by Marion Esty and the end of her second term.Morrison said after the interview process and reviewing the applications, their recommendation was Todd Johnston to fill the vacancy.

 

MOTION: to approve ORDER 05-10-13-6.

 

Green MOVED, Stewart SECONDED.

 

Green noted that Sorenson referred to Johnston as a land use attorney.Green wasnít as concerned about that as much as Johnston could provide them with good recommendations on what the law says.He commented that there were people who were already on the Planning Commission who have affiliations with environmental groups that get legislation passed that conflict with the things they do.

 

Morrison stated that Johnston is not a land use attorney but a trial attorney. She said the firm he works for has a division that does do land use.

 

Sorenson asked if Johnston has to recuse himself to serve on cases his own law firm is representing.

 

Stephen Vorhes, Assistant County Counsel, wasnít sure.He didnít know if a conflict would necessarily come into play except if he had something to gain.He didnít know if Johnston would be required to recuse himself.He said they would have to determine if there was a factual basis on which to challenge the impartiality of the body because of the relationship.

 

Sorenson said he would be voting no.He preferred to pick people where there wasnít an implication of a conflict of interest.

 

Morrison hoped that other Planning Commission members that have affiliations with groups in front of them testifying in opposition to a particular application, would also remain objective and not let their affiliation with that entity influence their decision.

 

VOTE: 3-1 (Sorenson dissenting).

 

Vorhes distributed copies of documents that Potter provided.

 

10. CORRESPONDENCE TO THE BOARD

 

None.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

None.

 

13. OTHER BUSINESS

 

None.

 

There being no further business Commissioner Morrison recessed the meeting at 10:50 a.m.

 

Melissa Zimmer

Recording Secretary