BOARD OF COMMISSIONERS REGULAR MEETING

December 5, 2001

1:30 p.m.

Commissioners' Conference Room

APPROVED 1/2/02

 

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

 

10. PUBLIC HEARINGS

 

a. SECOND READING AND PUBLIC HEARING/Ordinance 8-01/In the Matter of Amending Chapter 2 of Lane Code Regarding Voters Pamphlet Filing Deadlines.

 

Annette Newingham, Elections, reported this ordinance was to change Lane Code to comply with statutory requirement dates and administrative rules.  She noted the primary difference was allowing more time to file the explanatory statement.  She noted the way Lane Code currently reads, the explanatory statement needs to be filed 78 days prior to the election and it would be changed to a 68 day deadline, allowing an additional 10 days.

 

Commissioner Morrison opened up the Public Hearing.  There being no one signed up to speak, she closed the public hearing.

 

MOTION: to adopt Ordinance 8-01.

 

Sorenson MOVED, Weeldreyer SECONDED.

 

ROLL CALL VOTE: 5-0.

b. SECOND READING AND PUBLIC HEARING/Ordinance 13-01/In the Matter of Amending Chapter 18 of Lane Code to Add Indemnity and Annexation Provisions to the Ambulance Service Area Plan. (LC 18.030 and LC 18.070(3)(h)).

 

Trina Laidlaw, Assistant County Counsel, reported the proposed language concerning indemnity and annexation, were issues raised by the Board in previous meetings about the ambulance service area plan.  She added these were ideas and issues that Lane Rural and the City of Eugene were agreeable to in concept.  She said it memorializes their thoughts and the Board's concerns.

 

Laidlaw noted the first change would be to add language to Lane Code 18.0 30, on page 18-6, (in the section under boundaries) that could be modified after the plan is adopted and implemented.  She said if the City of Eugene annexes any portion of ASA 8, and is contiguous to the city limits, that area shall become part of ASA 4 that is the area the City of Eugene has, unless the city notifies the Director of Human Services if they want Lane Rural to keep that area.  She noted it would be up to the city at that point.  She added the city would be required to notify the Director within ten days of the final annexation approval and provide all information that is necessary to assist in recording the change.  She said there would be an automatic change upon annexation and there would not be the need to go through the full process.

 

Laidlaw noted the other change was on page 18-13(a), adding a subsection (h) to Lane Code 18.070, to incorporate indemnity language raised by Dwyer at an earlier meeting.  She explained the language would provide that an applicant whose application is approved (and is effective after November 1, 2001) shall indemnify the County for acts and omissions arising out of the performance of duties under the ambulance service plan.  She noted this would only apply now to Lane Rural and they were agreeable to this.  She added it would also apply to future applicants, whose applications are approved.  She suggested language that would not single out Lane Rural for special treatment with liability obligations.  She added this language would note that there was not a retroactive application on the current ASA providers that had their assignments prior to November 1, but if they become a future applicant and it is approved, they would fall within the language.  She said the proposed language recognizes any applicable legal limitation that might apply for asking for an indemnity obligation and this might apply to public bodies under the Oregon Tort Claims Act, where there is a $500,000 upper limit on any claims arising out of one incident.  She said they wanted to recognize the legal limitations that would apply.  She added a line that stated nothing in the provision is construed to limit any other legal rights to defense or indemnification that would otherwise be available to them.

 

Commissioner Morrison opened the Public Hearing.

 

Matthew Schuler, Eugene Fire and EMS Department, 1705 W. 2nd Avenue, Eugene, stated about the recent modifications to the Lane County ambulance service area plan,  that they were encouraged to see the code language change.  He hoped making the language change would reduce problems in the future.  They wanted language stating that any time an annexed parcel touched any portion of a contiguous boundary the code language would be in effect.  He noted where it stated “all annexation boundary changes”,  the City of Eugene shall notify the Director in writing within ten days of the final annexation approval.  He asked the Board to consider a longer time frame than 10 days and a 30 day time line.

 

With the issue of indemnification, Schuler wanted to make sure the intent was not having the city waive any of its rights or any provider under the Oregon Tort Claims Act.

 

Bill Bass, Lane Rural Fire and Rescue, thanked the Board and Lane County staff that had worked so hard on this issue.  He stated Lane Rural and Fire was in agreement with the contiguous language and the 30 day notification to the Director.

 

Rob Rockstroh, Health and Human Services, noted there was a recent changed request for Eugene and Springfield.  He noted the language in Lane Code discussed any county decision that is effective on or after November 1.  He requested the change for any application received after that date.

 

Laidlaw discussed limiting language to the applicant, when an entity applies for a change.

 

There being no one further signed up to speak, Commissioner Morrison closed the Public Hearing.

 

MOTION: to adopt Ordinance 13-01 with the concerns that had been expressed, changing the time line to 30 days.

Dwyer MOVED, Green SECONDED.

 

ROLL CALL VOTE: 5-0.

 

c. SECOND READING AND PUBLIC HEARING/Ordinance 11-01/In the Matter of Amending Chapter 2 of Lane Code Regarding Procedures for Maintenance of Lane Code and Declaring an Emergency (LC 2.005, 2.020, and 2.025)

 

Wilson explained this was designed to remove barriers to putting the Code and Manual on the Internet.  She added it brings them into best practices.  She said it gave them the opportunity to have different formats between the book version and what is posted on the Internet.  She said this also adds the history element to the bottom of each section.  She said the Board had a copy of how the provision would look under the new style format.

 

Commissioner Morrison opened up the Public Hearing.  There being no one else signed up to speak, she closed the Public Hearing.

 

MOTION: to adopt Ordinance 11-01.

Weeldreyer MOVED, Dwyer SECONDED.

 

ROLL CALL VOTE: 5-0.

11. COMMISSIONERS' ANNOUNCEMENTS

Weeldreyer announced the Strategic Planning activity at the Fairgrounds.  She was invited to Springfield Utility Board’s event to showcase its new diesel generators.  She noted the Economic Development Standing Committee had been working hard and the Board would be well served by its process.  She added the Veterans were having their holiday dinner on Friday and she would be serving food with Dwyer.

 

Sorenson stated he visited with Jackson County and talked about their brochure and automatic numbers.  He would give the brochure to Melinda Kletzok to review.

 

Dwyer stated he would be attending the Assisted Living Center festivities.

 

Green announced he was in Mobile, Alabama, attending a meeting for the U.S. Track and Field Junior Olympics.  He stated that Eugene won the bid for the contract to the 2004 track meet.

 

Morrison announced she would be appearing in the Junction City Light Parade.

 

12. OTHER BUSINESS

 

a. 01-12-5-7/In the Matter of Amending Chapter 2 of Lane Manual Regarding Provisions for Maintenance and Amendment of the Lane Manual and Lane Code (LM. 2.030-2.045, 2.065-2.082)

MOTION: to approve 01-12-5-7.

 

Dwyer MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0.

There being no further business, Commissioner Morrison recessed into Executive Session at 3:00 p.m.

 

 

Melissa Zimmer

Recording Secretary

 

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