BOARD OF COMMISSIONERS'
July 26, 2006
Commissionersí Conference Room
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.
1. ADJUSTMENTS TO THE AGENDA
Item 7. b. is a board order.
2. PUBLIC COMMENTS
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.
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
3. PUBLIC HEARINGS
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.
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.
ROLL CALL VOTE: 5-0.
4. EMERGENCY BUSINESS
5. COMMISSIONERS' REMONSTRANCE
6. COMMISSIONERS' BUSINESS
a ORDER 06-7-26-1/In the
Matter of Appointing a Committee to Write the Explanatory Statement for the
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.
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
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.
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.
8. CONSENT CALENDAR
A. Approval of Minutes:
December 7, 2005, Regular Meeting, 9:00 a.m.
July 12, 2006, Joint Elected Officials, 7:00 p.m.
1) ORDER 06-7-26-2/In
the Matter of Placing the Human Rights Advisory Committee on Break and
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.
9. PUBLIC SAFETY
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
Dwyer stated he wouldnít
support the ordinance.† He said the City
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
Jackie Mikalonis, Sheriffís
Office, reported that the proposed ordinance designates what items are
Berger said the vendor that the
Sorenson commented that they
should wait until
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
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
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
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
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.
10. CORRESPONDENCE TO THE BOARD
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
Dwyer suggested referring this to Todd Winter, Parks, to give to the Parks Advisory Committee.
Green was supportive of this idea.
11. COMMISSIONERS' ANNOUNCEMENTS
Stewart announced that last year Bob Kintgh and his wife received
Sorenson attended the public forum that Nathan Winegrad presented on
no-kill shelters.† Sorenson thought
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
12. EXECUTIVE SESSION as per ORS 192.660
13. OTHER BUSINESS
There being no further business, Commissioner Dwyer adjourned the meeting at 10:35 a.m.