July 26, 2006

9:00 a.m.

Commissionersí Conference Room

APPROVED 8/15/06


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Faye Stewart present.Acting County Administrator Dave Garnick, Assistant County Counsel Stephen Vorhes, and Recording Secretary Melissa Zimmer were also present.




Item 7. b. is a board order.




Tim Justice, Elmira, thought the Green Creek Bridge was inadequately supported.He commented that the flatcars are designed to be supportive where axles are set.He asked if there could be better support for the bridge.He thought more could be done.


Dwyer said the County could talk to an engineer.


Stewart asked to wait until they see what the bridge rating is.


Morrison responded that they were at ODOTís mercy until they do the load ratings.She said ODOT would notify Public Works when they get ready to do that.


John Dotson, Santa Clara, asked if the e-mail he sent to the Board of Commissioners with revisions was sent to the Boundary Commission.He asked if there was any response back.


Dwyer indicated the original letter went to the Boundary Commission.He had received no reply.


Bob Still, Creswell, thanked the Board for hosting the no kill meeting in Harris Hall.He indicated that his dog group had been helping with the Springfield program for spay and neutering.He commented that the limit law has hampered people who are rescuing dogs.




a. SECOND READING AND PUBLIC HEARING/Ordinance 6-06/In the Matter of Amending Ordinance No. 1-06 to Change the Lane County Public Safety Income Tax Rates from 1% to 1.4% and to set an Effective Date (LC 4.521(1), 4.531(1) and 4.541(1)) (PM 7/12.06).


Commissioner Dwyer opened the Public Hearing.


Charles Biggs, Eugene, opposed the Lane County public safety tax.He said there is inequity in income taxes in how businesses are taxed.He said it hasnít been shown to the public that they would be treated equitably by this tax.He believed that businesses generate more police enforcement and businesses should equally pay for that. He noted that since the Legislature had limited the sale of Sudafed over the counter, a lot of prevention doesnít hold credibility.


MOTION: to adopt Ordinance 6-06.


Green MOVED, Stewart SECONDED.


Stewart reported that he received a letter asking why some retirement income is not taxed.He noted that the County is bound by state law.


Dwyer thought they needed to move forward on this.He wanted to have the consultant gather information on how many private pensions are affected by this and to what degree.


Vorhes noted on the pages attached to the ordinance, 4.522 and 4.532 may be wrong.He said he would double check and replace the pages with the correct numbers.He indicated that what was in front of the Board was only to change sections 4.521, 4.531 and 4.541, not the other sections.He said those sections would reflect what was adopted in Ordinance No 1-06 and the signed ordinance will have the correct figures in it.














a ORDER 06-7-26-1/In the Matter of Appointing a Committee to Write the Explanatory Statement for the Lane County Income Tax Limitation Charter Amendment.


MOTION: to approve ORDER 06-7-26-1.


Morrison MOVED, Stewart SECONDED.


Sorenson recalled that David Kelly had indicated an interest in being on this committee.Sorenson learned that Kelly was involved with a city ballot measure and Kelly didnít think he could do both.Sorenson recommended Jean Phleps from the Relief Nursery.


VOTE: 5-0.


b. REPORT BACK/Heceta Water District Request.


Morrison reported that two weeks ago she received a letter from the Heceta Water District requesting a waiver for an additional 200,000 gallons of water.She said they had done this in the past and it appears there is not an emergency.She noted that, as the summer progresses, if they do need those additional gallons to just provide basic service, it might be constituted as an emergency to provide water and that is what the request is.She noted the agreement is with Lane County.She added there was a different agreement with the Aaron Jones property.She noted this is the County easement on County land only and that is why this came to the Board.


Dwyer stated he spoke with Mike Kendoll and Dale Riddle and told them he didnít think the Board would be opposed to providing excess water over the easement in an emergency.He said it would depend on the level of the lake.He wanted them to define what an emergency is for the residences and to define and adopt those findings at their board level.He added for them to exceed it, their Board would have to declare an emergency and then send it onto the Board of Commissioners with a copy of the declaration.He wanted mention of the lake level at the time the emergency is declared.


Morrison indicated there was no other letter issued and there is no other meeting by the district.She said if the condition exists in subsequent years, then they could do it.


Green agreed with Dwyerís request.


Dwyer added that they need to put the request into a letter to them for subsequent years as a way to protect the citizens and the county.He wanted to advise them that it was okay this year to go over and above the easement.


Vorhes recalled in previous years they have had a board order.He said they could include a letter and adopt the order.


Dwyer said this would come back next week on the Consent Calendar.




a. Announcements


Garnick distributed different scenarios of the income tax measure.He indicated he would put the estimator on the WEB so citizens could go to the web and calculate what the cost would be to them.


b. ORDER 06-7-26-4/In the Matter of a Request from Charter Communications for Release of Franchise Duties in the Mapleton Area and Setting a Process for Public Input Regarding the Termination of Charter Cable Television Service in Mapleton.


Dwyer explained that Charter Communications was not making money in Mapleton and they wanted to offload the Mapleton part of their franchise.He noted the public hearing would take place on August 15, 2006 at 1:30 p.m.


MOTION: to approve ORDER 06-7-26-4.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.




A. Approval of Minutes:

December 7, 2005, Regular Meeting, 9:00 a.m.

July 12, 2006, Joint Elected Officials, 7:00 p.m.


B. County Administration


1) ORDER 06-7-26-2/In the Matter of Placing the Human Rights Advisory Committee on Break and Directing the County Administrator to Perform an Analysis.


C. Public Works


1) ORDER 06-7-26-3/In the Matter of Establishing a Public Road Within Baker Bay Park, a Leased Corps of Engineers Park, as a County Road, Being Located in Section 4, Township 21 South, Range 2 West of the Willamette Meridian.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




a. SIXTH READING AND DELIBERATION Ordinance No. 7-05/In the Matter of Amending Chapter 3 of Lane Code Regarding Regulation of and Reporting by Used Merchandise Dealers and Eliminating the Secondhand Business License Requirement (LC 3.600-3.00) (NBA & PM 1/04/06, 1/18/06, 2/15/06,5/3/06 & 7/19/06).


Russ Berger, Sheriff, recalled that this is the sixth reading and they are waiting for the City of Springfield to act.He stated the City of Springfield decided not to take action indefinitely.He noted there had been significant change in the City of Eugene going to an automated system.He said they enacted an ordinance.He was hand-delivered a letter that stated they would no longer collect pawn slips from the used merchandise dealers in unincorporated Lane County.He noted there was no way for Lane County to help the used merchandised dealers identify property if it was stolen or to get stolen property back to the rightful owners.††† He said they want to get movement on an automated system ordinance in place to keep track of stolen property in Lane County.


Dwyer stated he wouldnít support the ordinance.He said the City of Eugene made the decision based on the fact that they would push Lane County into an ordinance.He said that Glenwood is in the urban growth boundary of Springfield and much of the area is going to be annexed into Springfield. He said the fact that Eugene doesnít want to get the slips because they canít compel Lane County to adopt an ordinance that is unfair because it doesnít give them all the options that are available to them is not a reason for him to support the ordinance.He noted that Springfield has more pawnshops than Lane County.He added that Eugene had managed to give free automation system programs to their pawnshops on a trial basis.He commented that it is a tax on the poor. He said if it is so cheap and convenient then the government needed to pay for it. He didnít want to create another bureaucracy that would tax mom and pop or the poor person who were pawning jewelry or to open the door for another way for the government to get into the pockets of those who are poor.He said he wouldnít vote for it until Springfield votes.


Berger stated the used merchandise dealers that pay the most have the most transactions.He said the highest amount would be $700 per year and a used merchandise dealer with 16,000 transactions would add pennies to the cost of each transaction.He thought it would be easy to absorb the cost of the system.He said he met with the used merchandise dealers and understood their concerns.He stated his job is to apprehend people who steal property and to get that stolen property back to their owners


Dwyer was against this as it taxes people who have the least ability to pay and creates another bureaucracy.He spoke with the Mayor of Springfield and they were looking into other options that are more viable and cost effective and address the concerns he has.


Green was supportive of the ordinance.He said they need to take the lead and do what is best for Lane County.


Jackie Mikalonis, Sheriffís Office, reported that the proposed ordinance designates what items are regulated by Lane County.She said since there are three jurisdictions, there are three separate ordinances for used merchandise.She noted that they wanted them to be uniform.She indicated that the County currently has an ordinance that requires Lane County to issue business licenses and to enforce the business licenses to all used merchandise dealers.


Berger said the vendor that the City of Eugene is using is BWI.He noted that any law enforcement agency could access their database.


Sorenson commented that they should wait until Springfield acts on this.He asked why Lane County should do this before Springfield.


Burger responded that there is no ability to track the used merchandise dealers.He stated they have an ordinance in place and they canít enforce it and they donít have the ability to collect pawn slips or get them into a database to find stolen property.He noted that when Eugene stops collecting the pawn slips, the property would go away.


MOTION: to adopt Ordinance 7-05.


Green MOVED, Morrison SECONDED.


Dwyer didnít like BWI, as it is a Canadian firm.He wanted a regional solution.He thought Springfieldís interest was to go to Glenwood and pick up the slips.He added that Eugene was using this as an excuse to pass the ordinance.He wanted to ask Springfield if they would be willing to do that before he passes the ordinance.


Green wanted to be in the position to say that they have gone to an automated system.He wanted to address the problem instead of saying that Springfield didnít take action so Lane County didnít do anything.


Dwyer didnít want to tax people who are down and out.


Berger asked if Dwyer would support this if the Sheriffís Office absorbed the cost for the four stores in unincorporated Lane County.


Dwyer said he would.


ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting).


Vorhes noted in the companion piece, the Lane Manual revisions got dropped off the agenda.He said they would set fees for this.He stated there was not an emergency clause in the ordinance so it doesnít go into effect for thirty days.He thought they should bring back the Lane Manual board order.




Morrison received an E-mail last Friday from a gentleman who is a Foster Care provider.He raised the issue that the state provides camping and day use parks for Foster Care providers.He asked if Lane County could look into the same thing for County facilities for people who are providing Foster Care.Morrison added there was an issue about discounted rates if they end up adopting the children.She didnít know if the County looked into this.


Dwyer suggested referring this to Todd Winter, Parks, to give to the Parks Advisory Committee.


Green was supportive of this idea.




Stewart announced that last year Bob Kintgh and his wife received Oregonís Tree Farmer of the Year award and this year they have received the Western U.S. Regional Tree Farmer award of the Year and will compete for the national title.He noted the flyer that was produced for the Blackberry Jam was from a tourism grant for Lowell to publicize the Blackberry Jam.


Sorenson attended the public forum that Nathan Winegrad presented on no-kill shelters.Sorenson thought Lane County should move to a no-kill resolution.


Dwyer said he would receive a written report from Winegrad on the presentation.He said once they get the report they will provide the Board with a copy and schedule a work session on the report.


Morrison reported on her trip to Washington, D.C.


12. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Dwyer adjourned the meeting at 10:35 a.m.



Melissa Zimmer

Recording Secretary