BOARD OF COMMISSIONERS'

REGULAR MEETING

August 23, 2006

9:00 a.m.

Commissionersí Conference Room 

PASSED 10/18/06

 

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

 

1. ADJUSTMENTS TO THE AGENDA

 

Item 8.d.3. was pulled.

 

2. PUBLIC COMMENTS

 

Diana Robertson, Santa Clara, stated she represented the No Kill Community Coalition.† She said with the support of Dwyer and Stewart, they brought Nathan Winograd to town to tour the main shelters to let them know how they could create a no kill community in Lane County.† She said they received his report.† She passed out the key points of Winogradís report (copy in file).† She noted that Sorenson was having a Town Hall Meeting on September 26 at the Hillyard Community Center and one of the topics he will cover is how they are moving the County toward a no kill county.† She said their next goal is for them to start volunteering in one of the two shelters to help implement some of the programs that are being advocated for.† She said it was easier for a shelter to adopt a no kill philosophy and show a sincere effort to attract donations and volunteers.

 

3. EMERGENCY BUSINESS

 

None.

 

4. COMMISSIONERS' REMONSTRANCE

 

Dwyer stated that he had received calls from people about the Fair on a new processing system where they used a bar code.† He said when tickets were bought, they put them into the bar code and when people went on a ride, the tickets disappeared.† He recalled one person bought 120 tickets, went on a ride using the tickets and he had 112 tickets left.† He added that person went to the next ride and they told him he only had 80 tickets left.† He asked if anyone else had problems to let the commissioners know.† He commented that the Fair Board was interested in making sure people get what they are entitled to.

 

Sorenson announced that on Saturday Senator Wyden was in Eugene and spoke with him about the Secure Rural School Acts and what method Congress would use to extend the legislation for one year.† He said among the topics was an omnibus budget bill, interior appropriations, budget reconciliation and others as yet unknown.† He said there is some uncertainty as to what vehicle would be used and where the money is going to come from. †

 

5. COMMISSIONERS' BUSINESS

 

a. REPORT/Public Safety Coordinating Council Report Card on the Criminal Justice System in Lane County. †

 

John Woodrow, Chair, Public Safety Coordinating Council, said in 2005 the PSCC formed a Public Information Task Force with the intent of organizing and utilizing data that had been collected over the years and reporting that information to the community in the form of a report card on the status of the criminal justice system in Lane County.† He said that Gretchen Pierce is a citizen member of the community and it was her suggestion to form this task force.† He indicated Pierce and other members of the group spent over a year combining information that allows the PSCC to bring forward this report.

 

Gretchen Pierce recalled she came on the PSCC seven years ago and served on the research and evaluation committee.† She said they had a difficult time getting consistent understandable data that they could draw any conclusions from.† She commented that the community thinks they are remarkably safe. She said they had to reconcile the different beliefs and that is why the disconnect was causing difficulties.† She asked how they defined public safety in the community.† She commented that it was useful to have an entire criminal justice system that agrees on key measurements that define the overview of public safety in the community.† She said they decided to make all the comparisons comparable to Oregon and the United States average.

 

With regard to the data, Pierce noted that some was not current because one of the comparators did not have current data.† She added in some cases the year 2002 was the latest data they could gain.† She said they needed a beginning baseline.† She commented that the process for giving grades was disciplined and consistent.† She hoped in the future the PSCC would be held to some level of accountability in terms of follow through on both focus and policy.† She said this document should give them a good starting place to look at their problems and issues and have them addressed. She said it is their view that report cards get attention and allows them to speak to what really is happening in some type of manner.

 

With regard to crime and safety on the adult side, Pierce said they graded themselves a B-, but through the data period, it appeared they were getting better.† She said they donít have enough jail beds that would suggest there is a growing level of crime in the community.† She said the dilemma is on the property crime side.† She indicated that they are not only above the state and the United States but compared to other metro counties of Eugeneís size, they are worse in property crime.† She commented that even though they are getting better in their property crime statistics, they are still at the high end at the state and for the country.† She believed that one of the contributing factors of crime is the high rate of drug abuse arrests in this county.† She said it appears the rates are higher compared to other areas and is contributing to the property crimes stats.

 

With resources and capacity, Pierce reported they received an F.† She said they are bad and are getting worse.† She said the number of officers per capita has been declining for years and the funded jail beds are about at an 80% operating level.† She said they only have a fraction of the capacity they should have for a county this size and the types of problems they have.†† She noted the probation officersí caseload is averaging 100 compared to a state average of 75.† She said that every part of the system they tested suggested that they are considerably overbooked in the County.† She said they donít have the capacity in any part of the system to handle anything close to the need or load they have.† She commented that they see no end in site.† †

 

Pierce commented that they are efficient and effective with what they do have.††† She noted that lawyers handle cases faster and better in Lane County.†† She said as they lose experienced police officers, they may start to see the rate decline.† She commented that they are getting a huge bang for their buck with experienced police officers.† She said the percentage of convictions is 95 percent versus 70 percent in the United States.† She added that they use alternatives to incarceration to a greater extent than other parts of the state or the country.† She noted they have electronic monitoring, community service, team courts, and drug courts. †

 

With justice and accountability, Pierce said they get an F because of capacity.† She stated if they canít hold people accountable, they canít get a good grade if they have no way to impose sanctions or to put them in jails.† She said their failure-to-appear rates are high and their recidivism rate is higher than the state and is getting worse because they donít have enough probation officers for adequate supervision.† She noted the average jail sentence for all felons in Lane County and Oregon compared to the U.S. is below average.† She commented that they canít change the sentencing until they have capacity and hold people responsible.

 

Pierce said they are doing a good job with what they have.† She said as they update the data, they should see the good data going down.†† She said they have been able to capture the heart of the problem and the PSCC discovered the same thing, to focus their efforts on the drug issue is most important.

 

Pierce said the results on the juvenile side of the report card look worse but it is the same, not different.† She said the juvenile arrest rates have decreased but the issue of drug abuse is huge.† She noted that 90% of arrests are due to drug related causes.† She commented that without the capacity to hold juveniles accountable, there is no way to hold the children accountable.† She said when they had been able to interact with the chronic offenders, they had done a remarkable job in reducing the number of chronic offenders, reducing recidivism and turning things around.† She noted that over the past four years, they have had a 45 percent decrease in capacity and it is inhibiting their ability to do much about reducing the number of chronic offenders or reducing the recidivism rates.† She added there is a small increase in the reduction of chronic offenders, resulting in an enormous increase in the amount of crime.† She commented the work they do with the juveniles is good in the county, but between the county and the state, the funded capacity for juvenile offenders has been declining at such a pace that it should start to show in the future their inability to handle the problems they currently have.

 

Pierce said they hope they can keep the document updated every year.† She said they may add the more current Lane County data to make the document as current as they can get it.† She didnít know if they would publish a report card every year.† She said that decision will depend on what the data tells them as it is updated year to year.† She commented that there has been a major trend toward balance in the system and willingness to share and a focus on best practices.† She said they are becoming more effective in what they do, more than almost any county in the State of Oregon.

 

Morrison asked if there was any way to start collecting information that was current starting at the legislative level across the state.

 

Lisa Smith, Department of Youth Services, said the formation of the State Juvenile Justice Information System came out of Senate Bill 1 and it was a data base system.† She noted they are now integrated throughout the state.† She said Lane County could be compared with other counties across the state.† She added there was a problem with comparing Lane County with the rest of the United States.

 

Pierce said in developing this database, it will not be easier to keep the information current.† She added that next year they will refine the process.

 

Green thought this was the baseline data that was needed.† He thought they needed to compare themselves each year instead of comparing Lane County with others.† He commented that Lane County does a good job with what resources it has.† †

 

Pierce recalled SB 1145 has been causing them problems.† She commented that within the past 15 years the world changed when they passed Measure 11.† She said they added jail beds but also added the responsibility for housing certain types of inmates and in Lane County they never had the capacity throughout the whole system to handle the extra load.† She commented that they finally know they cannot just plug a hole in one part of the system and think it is going to solve the problem; every part is dependent on one another.† She explained that all of the work has started to indicate to them the impact of reductions in the DAís office and the lack of jail beds. †

 

MOTION: to accept the report and to use the report in all communication issues suggested.† †

 

Green MOVED, Morrison SECONDED.

 

Green commented that they feel unsafe on the inside but the public has the perception that they are safe.† He asked how they make the connection.

 

Pierce responded what this shows is that Lane County has a major property crime drug problem.† She didnít think it would be helpful to try to convince people they are unsafe.† She commented that property crimes are annoying.† She thought the only way they would get support was not to scare people but to explain what the problem really is they are trying to fix.† She indicated one of the dangers is trying to connect this report card to the income tax measure.† She added that people need convincing that these are important problems to solve. †

 

Stewart thought it was important to fix the problem and move this forward.† He thought their job is to get this to the citizens and hope they understand what is going on.

 

Morrison hoped they donít tie this report card to the income tax measure.† She said they needed something to show the public and talk to them for their understanding that is not tied to money.† She thought it was important to have an annual report card so it is constantly in front of people so they understand what the system is doing.

 

VOTE: 5-0.

 

6. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

7. PUBLIC WORKS

 

a. THIRD READING AND DELIBERATION/Ordinance No. PA 1236/In the Matter of Adopting a Conformity Determination Amendment Pursuant to RCP General Plan Policies Ė Goal Two, Policy 27. a. vii. and Goal Four, Policy 15, Adopting the Plan Designation of Forest (F) and the Zoning Designation of Impacted Forest Land (F2) for 37.5 Acres Located in Section 32, Township 20, Range 2 West, Willamette Meridian, and identified as Tax Lot 1700 of Lane County Assessor Map 21-02-06, and Adopting Savings and Severability Clauses.† (File: PA 06-5476 Symbiotic LLC, USACE) (NBA & PM 7/19/06 & 8/2/06). †

 

Bill Sage, Land Management, reported that following the instructions the Board gave staff on August 2, they extended the written record and allowed testimony to come in.† He said that John Steele submitted testimony on August 9 and in final rebuttal on August 16, Steve Cornacchia (on behalf of the applicant) submitted a set of supplemental findings of fact and conclusions of law and made a request that the Board consider making an interpretation of the term ďownershipĒ as it applied to Goal 5, Policy 15.† He recalled in the past eighteen months the Board has heard three conformity determinations that resulted in three zonings to F2.† He added that two of them were appealed to LUBA.† He noted that in both of those cases, they have been remanded back to Lane County with the specific task of making an interpretation of that term as it would apply to the criteria of Goal 4, Policy 15.† He indicated that they received this on August 16 and sent a supplemental memo to the Board.† He said that staff wanted one more week reviewing the overall impact of the proposed interpretation that is being presented in the record by the applicant to see how it fits and how the impact may play out.† He asked for this to come back to the Board on either August 30 or September 13.

 

MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation on Ordinance No. PA 1236 for August 30, 2006.

 

Green MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

b. DISCUSSION/Considering and Scheduling a Public Hearing on an Ordinance Updating the Goal 5 Inventory and Adopting the Goal 5 Water Resources Conservation Plan and Implementing Zoning Regulations for Application Within the Eugene Urban Growth Area (PA 06-5195). †

 

Stephanie Schulz, Land Management, explained this is to consider scheduling a final public hearing for the Metro Plan Periodic Review Process to complete Work Task 7, Goal 5, Natural Resources Inventory.† She noted that the Planning Commission has conducted a hearing for the properties in the urbanization area and recommended approval.† She recalled that last month the Board adopted Springfieldís Goal 5 inventory for the urban transition area east of I-5 and they have adopted the protection measures for the area outside the urban growth boundary and within the Metro Plan boundary in 2004.† She noted that this was the final piece of that work task.† She recommended scheduling a hearing to complete the periodic review for the process.† †

 

Morrison suggested a hearing.† She noted the information they received had all the lists of different properties and tax lots.† She thought it meant nothing unless she looked them all up.† She asked if there was a way they could attach a name.† She was concerned there would be a lot of takings with the loss of properties and not everyone following this.† She was concerned about Measure 37 and what the City of Eugene was doing.† She passed out information from Mr. Bounds.† She wanted to contact some of the people to make sure they understand what is taking place.† She was ready to move forward with a public hearing.

 

Green asked what happens if they donít pass this amendment.† He asked if the cities could unilaterally adopt the Metro Plan Amendment† He asked what would happen if the Board didnít pass this.† He asked Van Vactor if this could be discussed with the urban transition agreement.

 

Van Vactor thought the Board should let the City of Eugene know they have issues to be discussed.

 

Stephen Vorhes, Assistant County Counsel, said the analysis that Springfield did when they came to the Board was a proposal to adopt Goal 5 measures for the urban growth area outside of the City of Springfield, which was included in the packet. †

 

Dwyer asked how they communicate Lane Countyís needs, concerns and issues without using an exaction or plan amendment. †

 

Green recalled that Lane County asked the City of Eugene for a minor amendment to the Metro Plan to form a public safety district that was rejected by the city council.† He said they hadnít asked for many amendments to the Metro Plan as a county and the one time they asked for a minor change, it was rejected.† He added that is how they got into the Public Safety Task Force because it wasnít welcomed by the City of Eugene.† He said it feels like they are rubber stamping things because the issues are not being addressed.

 

Van Vactor said he could convey the seriousness of the issue from the Board about the 11 items regarding the Metro Plan and send it to the two governing bodies.† He stated that if they receive no formal response, it could go to the mayors.† He added if they donít hear anything before they take action, there could be a formal letter to the mayors and the city councils reiterating what the Board of Commissioners would like.

 

With regard to the question about what would happen if the Lane County† Board of Commissioners does not take action, Emily Jerome, Eugene City Attorney, explained that this is the area that is within the jurisdiction of the County and it is only by agreement that the city has agreed to provide the product for the Board to consider.† She added that the Planning Commission brought it to the Board.† She noted the reason they are in front of the Board is due to a task of periodic review that all three jurisdictions share.† She noted the City of Eugene had completed it, as did the City of Springfield. She indicated there was one task left around the area in the urban transition between the City of Eugene and Lane County.† She said if it is not a product the Board endorses and chooses to adopt, there would still be some protective measures adopted for that area.† She said how they get to considering a different product is more a matter for counsel to address.† She added it would involve a staffing shift.† She said a clear indication would be useful in making that staffing shift so Lane County staff could assist the Board to what is more to their liking.

 

MOTION: to move for a First Reading on September 13 and a public hearing on September 27.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

8. CONSENT CALENDAR

 

A. Approval of Minutes: None.

 

B. Assessment and Taxation

 

1) ORDER 06-8-23-1/In the Matter of A Refund to King Estate Winery, L.P. in the Amount of $109,975.39.

 

C. District Attorney

 

1) ORDER 06-8-23-2/In the Matter of Delegating Authority to the County Administrator to Execute a One-Year Contract Amendment in an Amount Not to Exceed $61,000 With Sacred Heart Medical Center to Provide Morgue Services for Use by the Lane County Medical Examiner.

 

D. Public Works

 

1) ORDER 06-8-23-3/In the Matter of Awarding a Contract to Titan Sales Group, in the Amount of $147,894.00, with Trade-in, for the Purchase of One (1), New Mechanical High Dump Street Sweeper, with One (1) Trade-In, Contract FY06/07 FS-01.

 

2) ORDER 06-8-23-4/In the Matter of Awarding a Contract to Deschutes Valley Equipment, in the Amount of $163,436.00, for the Purchase of One (1), New, Rubber Tire 4x4 Tractor with Boom Mounted Mower, Including Selected Optional Equipment, Contract FY06/07 FS-02.

 

3) ORDER 06-8-23-5/In the Matter of Load Posting the Green Creek Road Bridge at MP 0.23 (A Local Access Road).

 

MOTION: to approve the Consent Calendar.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 5-0.

 

9. CORRESPONDENCE TO THE BOARD

 

None.

 

10. COMMISSIONERS' ANNOUNCEMENTS

 

Stewart reported he met with Senator Wyden about Secure Rural Schools. †

 

 

11. EXECUTIVE SESSION as per ORS 192.660

 

None.

 

12. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Dwyer recessed the meeting at 10:40 a.m.

 

Melissa Zimmer

Recording Secretary