BOARD OF COMMISSIONERS'
February 6, 2008
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.
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).
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.
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.
asked if they would be able to take the the person’s vehicle from them.
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.
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.
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
asked how they could turn this from a negative to a positive and possibly bring
extra money into Lane County.
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.
Stewart opned the Public Hearing. There
being no one signed up to speak, he closed the Public Hearing.
MOTION: to adopt Ordinance
MOVED, Sorenson SECONDED.
ROLL CALL VOTE: 5-0.
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.
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.
thought this could be done as a revenue neutral activity.
said there was interest in seeing if there is a further step that could take
place that could generate revenue to cover costs.
DISCUSSION/Issues for JEO Meeting.
distributed the agenda change. (Copy in file.)
stated there were e-mail concerns about the location of the meeting and the
ability to broadcast to the citizens.
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.
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
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.
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.
wanted to specifically have a meeting to address the items they wrote the city
about and he wanted to keep it to those issues.
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.
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.
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.
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.
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.
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
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.
MOVED, Dwyer SECONDED.
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.
amended his motion to have a meeting every three months.
amended the second.
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.
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.
wanted to serve notice on the 190 agreements.
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
asked Howe to relay the motion and the intent of the Board to the cities.
wanted the Board to make sure they attend the meeting.
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
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
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.
There being no further business, Commissioner Stewart
adjourned the meeting at 3:45 p.m.