minhead.gif (11357 bytes)approved Approved 9/22/99

July 28, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor - 1:30 p.m.

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

9. COMMISSIONERS' ANNOUNCEMENTS

Green stated he and Dwyer would be attending the City Council meeting. He added that the Transplan meeting has been put off for two weeks.

Weeldreyer reported she had commitments and can't attend, but there is a Leaburg Community Festival this Saturday from 9:00 a.m. to 4:00 p.m. and there will be activities for families. She encouraged everyone to attend.

Dwyer reported he will be attending a public safety meeting in Florence.

10. PUBLIC HEARINGS

a. THIRD READING AND CONTINUED PUBLIC HEARING Ordinance No. 3-99 Amending Chapters 10, 11 and 12 of Lane Code to Implement the Jurisdictional Transfer of the Glenwood Area, Adopting a Severability Clause and Declaring an Emergency (LC 10.600, 11.025, 11.026, 12.205).

Mike Copely, Land Management, passed out maps.(Copies in file.) He noted there are two ordinances that were heard on July 14 and were continued to today to a third reading. He said that Ordinance 3-99 is a housekeeping measure that unplugs Glenwood from the Eugene jurisdiction and into the Springfield jurisdiction. He said it is there to allow the County to continue with the urban transition agreement with Springfield. He added there are amendments to the intergovernmental agreement that were first adopted last December and signed by the County Administrator.

Copely said the second Ordinance, PA 1130 removes the Eugene zoning districts that were applied by Lane County in 1986 from the unincorporated portions of Glenwood and replaces them with zoning districts from the Springfield Code. He said the exhibits and the ordinance detail the zones. He noted the Springfield Planning Commission on May 26 recommended approval of all of these zones. He suggested to conduct public hearings on both topics, and staff recommends approval of both.

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

MOTION: to approve Ordinance No. 3-99.

Dwyer MOVED, Morrison SECONDED.

ROLL CALL VOTE: 5-0.

b. THIRD READING AND CONTINUED PUBLIC HEARING Ordinance PA 1130 Rezoning Lands in the Unincorporated Portion of the Metro Plan Glenwood Area from Eugene Zoning Districts to Springfield Zoning Districts, Adopting Savings and Severability Clauses and Declaring an Emergency.

MOTION: to approve Ordinance PA 1130.

Dwyer MOVED, Weeldreyer SECONDED.

ROLL CALL VOTE: 5-0.

c. FOURTH READING AND CONTINUED PUBLIC HEARING Ordinance 4-99 Amending Chapter 6 of Lane Code to Revise the Prohibited Noise Provisions Dealing with Railroads and Enforcement, and Declaring an Emergency (LC 6.520 - 6.535, 6.995)

Was not voted on.

d. SECOND READING AND PUBLIC HEARING Ordinance No. 5-99 Amending Chapters 5 and 6 of Lane Code to Revise the Prohibited Noise Provisions Dealing with Railroads and to Establish Noise Infractions and Procedures and Declaring an Emergency (LC 5.600-5.635, 5.990, 6.500-6.535, 6.995) (Second Reading and Public Hearing: July 28, 1999, 1:30 p.m., Harris Hall).

Marc Kardell, Assistant County Counsel, reported on July 5, 1999, the railroad retarder noise ceased for an undetermined amount of time. He noted there are two ordinances and originally, Ordinance 4-99 leaves in the area of enforcement with the Sheriff's Department, and Ordinance 5-99 moves enforcement from the Sheriff's Department to Land Management.

Dwyer asked how the ordinance would be enforced between civil and criminal cases and said he wanted to hear from the Sheriff’s Department on what to expect from assistance on crimes being committed if criminal offenses are not being enforced.

Darryl Hackett, Sheriff's Department, said with regard to noise complaints in the past, it was always a no-win situation. He said he wished there was staff to respond, but they don't have the staffing level to do that. He added they quit responding to misdemeanor property crimes and silent alarms since they don't have the staff.

Kardell stated that Ordinance 5-99 entirely moves enforcement from the Sheriff's Department to Land Management.

Green said in Land Management they only have two compliance officers to cover all of Lane County. He said he was hesitant to give them more work for monitoring problems.

John Cole, Land Management, said there will be two types of complaints with use of the railroad. He said the approach would be to contract with an acoustical engineer to monitor noise and then to have a hearings official for prosecution. He added the entire noise ordinance would be given to their discretion, including other types of complaints including motocross tracks. He said they would find the money to train staff and buy equipment. He added that they would do the best they could in dealing with complaints.

Sorenson asked what role Land Management had in assisting people with citizen enforcement.

Cole responded if a neighborhood organization was interested in pursuing it, the department would work with them to provide documentation of the noise ordinance being violated. He said there is money in the budget for violations in front of hearings officials. He added their office plays a mediation role.

Green said he was for Ordinance 5-99, for the railroad, giving some responsibilities to citizens as a civil rights advisory group as the best that could happen absent of funding.

Sorenson stated he wanted something developed for citizens to give them remedies to their problems.

Commissioner Green opened the Public Hearing.

Marsha Toser, 715 Chestnut, stated the noise had abated but there were no guarantees that the retarder will stay quiet. She said 50 and 60 decibels are high and it is a lot of noise to live with. She stated if they have to live with a high level of noise there should be some type of remedy.

Marcy Hurley, 3788 Concord, stated she lives near the railroad yard. She said if the yard remains open, they have to hire more people and there will be opportunity for more jobs. She added it is harder for railroads to work in communities. She said the yard closed down on July 5 and it took a toll on the railroad. She said the consequence to downsizing is increased amounts of big rig trucks on the highway. She hoped the Board would look at the bigger picture and not listen to the vocal minority.

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

Dwyer wanted to make a parallel action giving people the concurrent ability to preclude activity if the government does respond.

Kardell responded it could be done, if citizens were to pay for a hearings official, as there is no money in the budget.

Sorenson said an alternative is to have an applicant pay for a hearings official.

Green noted that Ordinance 5-99 as it is written, has nothing precluding giving Land Management more work with more feasibility.

MOTION: to approve Ordinance 5-99.

Weeldreyer MOVED, Dwyer SECONDED.

Green said the message is there is something in place to start some type of dialogue.

Sorenson said he would approve this motion, since holding it up leaves no ordinance in place, and having a hearings process and clear level of funding gets government into noise enforcement. He said the Board direction should be to ask Kardell to work on an idea about giving people a hearing right, to be self-funded, and to enforce this ordinance or other nuisance.

ROLL CALL VOTE: 5-0.

12. OTHER BUSINESS

Roy Burns, Legislative Representative, reported that overall Lane County was better off after the session than going into the session. He said there was stable funding for assessment and taxation and for Lane County, and there will be close to $500,000 that was not available previously. He said they were not successful in the other priority areas. He said the funding for the District Attorney still remains at issue as does the funding with the court systems. He said they were not successful resolving the problems with PERS. He said they were able to get a special study initiated through the house speaker's budget and a task force will be formed to study that issue. He added there were two issues in the Senate Bill that were of a concern to the Board, dealing with the ability of local government to decide to set up a different type of retirement program and a different system of retirement for employees coming in after a certain date. He said they were successful in the juvenile justice area with close to $20 million to address the program. He said the Associated General Contractors and Oregon Truckers Association were able to push through a gas tax increase package to fund the improvement of the transportation system. He said the down side is they are required to switch from taxing heavy vehicles on weight/distance methods of calculation to a flat fee registration and diesel fuel. He noted the AAA is committed to maintaining the weight/distance method of heavy truck taxation and have pledged to refer it to the voters. He said it will most likely be on the ballot of November 2000. He said they were unsuccessful in preventing the legislature from referring to the citizens a proposal to include breaking the state highway trust to allow for the payment of policing. He added there will be ballot measure, allowing State Police and local law enforcement to utilize the state highway trust funds for policing purposes.

He added they were successful with the community and economic development. He said it is his observation that there used to be revenue streams to make unilateral decisions and now with property tax limitations, Lane County will be have to deal with what the federal and state allocates.

ORDER and RESOLUTION 99-7-28-14/ In the Matter of Acknowledging Frank Hunsaker’s Contributions to the People and Government of Lane County

Weeldreyer MOVED, Dwyer SECONDED.

Weeldreyer read the resolution into the record.

She noted that she and Peter Thurston would be attending a dinner with Hunsaker and they would present him with the resolution there.

VOTE: 5-0.

There being no further business, Commissioner Green adjourned the meeting at 4:00 p.m.

Melissa Zimmer
Recording Secretary

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