BOARD OF COMMISSIONERS'

REGULAR MEETING

February 6, 2008

1:30 p.m.

Commissioners' Conference Room

APPROVED 2/20/08

 

Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  County Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

15.  PUBLIC HEARINGS

 

a.    SECOND READING AND PUBLIC HEARING/Ordinance 1-08/In the Matter of Amending Chapter 6 of Lane Code to Revise Impoundment of Vehicles (LC 6.475) (NBA and PM 1/23/08).

 

Byron Trapp, Sheriff’s Office, reported that currently the Oregon State statutes provide for vehicle impoundment for a specified list of violations including driving suspended or revoked, driving under the influence of intoxicants, operating a vehicle without driving privileges, and driving uninsured.  He said he is seeking approval for amendment to Lane Code that would add into the ordinance impoundment: for persons that operate their vehicle in excess of 100 miles per hour on Lane County roadways, for drivers that engage in a hit and run and fail to perform the duties of a driver, eluding police officers and speed racing.  He indicated that these behaviors represent significant risk to the public on the roadways in Lane County.  He added in most of the cirucumstances the only option to deal with is a citation.  He said for the speeders in excess of 100 miles per hour, they only amount to a bragging right and a document they could share and improve their status in the racing community.  He noted the tools for the impoundment of vehicles are in place in other counties around the state and have proven successful in removing racers from those jurisdictions.  He added that some of those racers have now relocated to Lane County. He asked for these consequences to be added specifically to address the issues they are dealing with in Lane County. 

 

Trapp explained that there is an organized effort for speed racing in Lane County.  He indicated there is a website managed locally involving members of the public in street racing.  He noted that races are usually video taped, photographed and documented on the website.  He distributed copies of information. (Copy in file.)  He commented that they are fighting the battle with limited resources and this allows them one more tool to pursue on the local level.  He said if it becomes known that people are speed racing and doing things stated in the ordinance, it will send the message back of stopping the event before it happens. 

 

Sorenson asked if they would be able to take the the person’s vehicle from them.

 

Trapp responded that it is not a forefeiture, it is an impoundment process and it will be identifical to the existing impoundment process they currently have for driving suspended, driving under the influence, operating without a driver’s license and driving uninsured.  He explained that when a person is found in violation of one of the statutes, the deputy calls a tow truck, removes the vehicle from the scene and the person has to pay the tow fees to get the vehicle released from impound in addition to the fines and assessments through the court process.

 

Fleenor thought that Lane County should do as much as legallly possible to discourage this all the way up to forefeiture.  He thought people should pay something besides a court fine.

 

Fred Swank, Sheriff’s Office, indicated that forfeiture has to be connected to a criminal act and speed racing alone is not necessarily enough to make a criminal charge.

 

Green asked how they could turn this from a negative to a positive and possibly bring extra money into Lane County.

 

Trapp said that Woodburn has a dragstrip.  He thought if they had a racetrack locally it would probably get used.  He added that with a street race it is the exhiliration of knowing they are doing something wrong and not getting caught.

 

Commissioner Stewart opned the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.

 

MOTION: to adopt Ordinance 1-08.

 

Dwyer MOVED, Sorenson SECONDED.

 

ROLL CALL VOTE: 5-0.

 

Sorenson thought they needed to get more active on this issue.  He asked why they couldn’t impose forfeiture like Lincoln County.  He wanted to know how long it would take to get an ordinance like the Lincoln County ordinance where they could dialogue with the public to make sure they are within the law on what is the boundary between government action and a private citizen’s rights. He wanted to move to the next level.

 

Liane Richardson, Assistant County Counsel, said she could do the research on a forfeiture rule that could withstand legal scrutiny.  She added there is also resource questions.

Sorenson thought this could be done as a revenue neutral activity.

 

Stewart said there was interest in seeing if there is a further step that could take place that could generate revenue to cover costs.

 

16. PUBLIC WORKS

 

a.  DISCUSSION/Issues for JEO Meeting.

 

Spartz distributed the agenda change. (Copy in file.)

 

Stewart stated there were e-mail concerns about the location of the meeting and the ability to broadcast to the citizens.

 

Spartz recalled the original proposal at the SEL Meeting laid the issues out and they tried to identify concerns over all three organizations.  He said they were concerned about planning, land use, public safety and it went back to get drafted.  He added when it came back, everyone’s total sum of issues was laid out.  He said it would be up to the Board to prioritize the issues.

 

Stewart said they sent the City of Eugene a list of ten items and they did not respond.  He thought if they could bring together a joint elected officials meeting to discuss the items that they would proceed with moving out of their 190 agreements.  He added since that time there has been the passage of  SB 3337, urban growth boundaries and the effects that might take place on the Metro Plan.  He said the Board wanted to have a joint elected officials meeting to discuss the items and put together a work plan with definite timelines.

 

Dwyer said they are hijacking the meeting for some of their own concerns.  He wanted to move to sever the 190 agreements, serve notice and let the clock start running and not have any meeting.  He said they wouldn’t address the County’s concerns and he didn’t want to show up to a meeting that is being hijacked by an agenda when their issues hadn’t been addressed.

 

Howe recalled that a request had been made that the three jurisdictions identify four or five issues and those will be brought to the meeting next Tuesday from each jurisdiction.  He indicated it would be an open discussion.  He noted the Board had identified 11 issues since August 2, 2005.  He thought that each jurisdiction would work on three issues.

 

Dwyer wanted to specifically have a meeting to address the items they wrote the city about and he wanted to keep it to those issues.

 

Howe said he would take the message back to the other two cities.  He thought each jurisdiction could bring three or four topics to discuss and if there was commonality between one or two, there could be direction given to staff to address the issues. He thought this was a way for each jurisdiction to prioritize their issues.

 

Fleenor thought there was a board majority to pull out of the IGA’s.  He thought that was the most important issue to discuss next week.

 

Howe explained the County has transferred the building and planning permitting authority to the two cities..  He said it is a proposition that sounds good to take back, but the land doesn’t get developed until it gets annexed.  He explained there is a lot of work that takes place before it is urbanized.  He said when people make a permit to develop their property, they are annexed.  He said the County wouldn’t be getting the revenue for all of the work.  He commented that it is not a winning proposition for the County to take back.  He said they would be taking on all the work, answering all the questions but when it comes time to develop the property, they have to annex and the money goes to the city after they did all the work.

 

Stewart recalled there was a majority of the Board to activate the clause that took back some of the dutieis they gave to the cities in the urban transition agreement.  He thought they should try to have a meeting and this was the meeting that was set up with the hopes they could put together a work plan and move forward.  He asked the Board to try to have the meeting.

 

Sorenson said they need the cooperation of the cities if they are in a prolonged down period of inadequate federal and state support.  He said they need the meeting to talk about what the Board wants from the cities.

 

Fleenor proposed an agenda that started with number 2, review and discussion and the three priorities on the back of page three and four, with representation of citizens between urban growth boundary and the city limits under ORS 190 as the first item of discussion.  He said the second item would be Measures 4, 57 and 50 and then current policies of the Metro Plan. Then address issues and work assignments.  He wanted to get through the ORS 190 as it has been the most pressing.

 

MOTION:  to keep the JEO meeting to the three issues the County wanted presented:  190 agreements, Metro Plan and the districts with the addition of regular quarterly meetings to work through the complete list of items.

 

Fleenor MOVED, Dwyer SECONDED.

 

Green said since they initiated this, they should have the opportunity to discuss what Lane County’s issues are.  He wanted to just have the meeting on the three issues coming up and then set up another meeting to discuss the other jurisdictions’ concerns.

 

Fleenor amended his motion to have a meeting every three months.

 

Dwyer amended the second.

 

Dwyer said when they gave the services to the city, they forget taxation without representation.  He said the people are being impacted by their neighbors annexing because of the cherry stemming and the streets being annexed that led to non-contiguous concepts that allowed for annexation,.  He added that none of the people had representation at the city or County level.  He said that is what led to the fight.  He commented that they should have insisted on a remedy but they didn’t.  He said the 190 agreements allowed for the injustice to continue and  people are paying County taxes and they have no representation.

 

Vorhes asked how the Board would influence the cities’ annexation policies and their annexation authority.  He said it is a Metro Plan policy issue and the 190 agreements are a piece of that.  He added that terminating the IGA’s will not make that policy go away, it will change the dynamics on how people get land use and building permits, but it might not change the push to annex if they are contiguous to the city.

 

Dwyer wanted to serve notice on the 190 agreements.

 

Green said they need to change the Metro Plan for resolution.  He said there is a need to have a body to have resolutions where it is fair.  He wanted to take on the MPC piece of the Metro Plan to get to the 190’s by fixing the documents that drive the agreements.

 

VOTE: 5-0.

 

Stewart asked Howe to relay the motion and the intent of the Board to the cities.

 

Stewart wanted the Board to make sure they attend the meeting.

 

17.   COMMISSIONERS' ANNOUNCEMENTS

 

Stewart announced that Green and some staff members attended the LCOG dinner.  He said they recognized Bill Van Vactor as the Public Employee of the Year.  He announced that he was surprised to find out that Lane County was recognized along with all the partners of the United Front effort for an Outstanding Intergovernmental Team Award.

 

Stewart announced the prioritization meeting was videotaped and will be rebroadcast on Metro Television on Thursday, Friday and Saturday at 3:00 p.m.

 

Green said today was the kickoff for the Earned Income Tax Credit.  He said it was an opportunity for tax payers to have their taxes prepared and could qualify for additional income on the income tax forms.  He added AARP was promoting this.  He thanked Sarafina Clark, Children and Families, for her work in setting up the child care center that opened last Friday.  He wanted a letter sent to the state legislators and congressional delegates about the article in The Register Guard on what Lane County is facing.

 

Fleenor said he will be at Dani’s Coffee Shop in Santa Clara tomorrow with Councilor Mike Clark.  He annoucned that tomorrow he will have a round table community dialogue with the business people of Fern Ridge to discus the local business’ concerns and what the County could do to help them.

 

Stewart announced that tomorrow at the Lane Events Center is Project Homeless Connect.  He indicated next Tuesday there will be Sexual Harassment Training for the Board of Commissioners and in the evening will be the Joint Elected Officials meeting.  He added next Wednesday the Board meeting will take place in the afternoon.

 

18.   CORRESPONDENCE TO THE BOARD

 

Stewart indicated he received a letter from Bob Harris, the Fundraising Campaign Chair for United Way.  He thanked the Board of Commissioners and the Administrative Department of Lane County for their gift of giving $6,620.04.  Stewart said United Way raised over $5 million this year and made their goal.  He noted Lane County’s combined campaign was over $106,000.  He thanked all the County employees for a successful campaign.

 

19.   OTHER BUSINESS

There being no further business, Commissioner Stewart adjourned the meeting at 3:45 p.m.

 

 

Melissa Zimmer

Recording Secretary