June 27, 2000

Commissioners' Conference Room

9:00 a.m.

APPROVED 8/16/00


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








Jim Gillette, 86340 Needham Road, Eugene, stated the County fined him for having homeless campers on his property.  He said he removed all of the people from his property.  He asked that the fine be taken off his property.


3. EXECUTIVE SESSION as per ORS 192.660


To be held after the meeting.




a. ORDER 00-6-27-1 Amending the Community Corrections Plan to Transfer Unallocated Funds and the Funds Allocated to Residential Alcohol and Drug Treatment, Employment Assistance, and FY99-00 Rollover to Fund the Forest Work Camp, Parole and Probation, and Transitional Housing and Delegating Authority to the County Administrator to Execute Amendments Resulting from These Changes.


Rob Rockstroh, Health and Human Services, reported this issue had been controversial.  He said the process for the closure took place last year.  He said they made an agreement to the committee members that they would not cut into program budgets.  He noted there were 22 different services areas in the budget and in the past, they had extra money to roll over into the next year. He added this year instead of hundreds of thousands, they were only rolling under $10,000.  He noted when they gave presentations to the PSCC, it was clear that Passages was at risk.  He explained staff came up with five alternatives.  He added they didn’t like across the board cuts.  He said that Passages was in a unique situation and it was the least bad choice that they could have made.  He reported with Passages’ clients that six went to Klamath, six went to long-term treatment program and six graduated.  He said the Board gave up the lease to the property.


Rockstroh reported that for the employment assistant contract, they recommend $27,550.  He added the reallocation of money from the Forest Work Camp was $13,620.50.  He said there is a recommendation to adopt the proposal as recommended by the Community Corrections Committee and forward it to the full Public Safety Coordinating Council.


Morrison noted this was the best win-win solution to maximize the dollars they have within the system.  She commended the group for their help.


Sorenson asked what options the Board had.


Rockstroh responded they are trying to making a $365,000 cut and there is no way to make it palatable.  He said they would have to go back to the legislature to get the funding allocated and direct it toward residential services or intensive outpatients.


Rockstroh recalled the motion that was passed was assuming the Forest Work Camp could fund itself in the future, and the intent was to put the money into treatment.


Paul Sachet, Sheriff’s Office, noted that the state was underfunding Eugene in the people that are in custody.  He said they are being funded for 132 people per day and are experiencing 183 people in custody.  He added the state needs to give Lane County more money to take care of the mandate.


MOTION: to approve ORDER 00-6-27-1.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-1 (Sorenson dissenting).


b.  ORAL REPORT BACK Board Order for People Working on Explanatory Statement.


See below.


c. ORAL REPORT BACK Deadlines for Safety Measure.


Clements noted they found support among commissioners for a bond measure and a levy on the ballot.


Teresa Wilson, County Counsel, noted that September 7 would be the last deadline to place a measure on the November ballot.  She added if they want the information in the voter’s pamphlet, the material must be delivered to the clerk no later than August 29.  She said a committee needed to be appointed to write an explanatory statement for the ballot by August 19.  For a bond measure, she said there needs to be a hearing before it is sent to the ballot and the hearing had to have received two weeks of public notice.  She said that had been done.  She added notice of the hearing had been published and the hearing is scheduled for July 5.


Wilson reported the cost for submittal of information in the voter’s pamphlet is $500 per half page.  She said Lane County would be responsible for the ballot title and the explanatory statement.


d. ORAL REPORT BACK Written responses to BCC Questions regarding Safety Measure (50).


Green asked Steve Carmichael, Youth Services, what would happen with the juvenile piece of this levy.


Carmichael responded they would get a mix of juveniles.  He said at the assessment center they would sort through and refer juveniles to appropriate resources.  He noted for the programs on the campus, Pathways had a year of aftercare built into the program and in the levy proposal, there would be another seven beds for funds for girls along with aftercare.  He added it is a critical piece with substance abuse.


Clements stated the County bears a responsibility to provide information as to what is in the measure.  He noted the most important thing is the mechanics of campaigning.  He added the more time they have, the better they can provide voters with the information that is essential to passing the measure.


Carmichael said it is important for the County to have a public information campaign.  He said they have to maintain what they have.


Weeldreyer stated she received criticism for how the County conducted the PSCC’s levy by using public information dollars.  She said people voted no because the County was pushing what was acceptable or appropriate with the public safety dollars.


Dwyer said it is Lane County’s legal duty to give the public the facts.  He noted the problem with the last campaign was that it was a united campaign with the cities.  He said there needs to be a disclaimer that this is information, not the County trying to sell something.


Weeldreyer said the Board needed to be sensitive to people who think Lane County is using the taxpayer dollars to convince them to raise taxes.


Morrison was concerned about how the information will be presented so that it is understandable.


Sorenson said the Board does want this information to be balanced, factual and informational in tone.  He said the Board wants the services described and to disclose the estimated cost to the taxpayer so it will be balanced and fair.


e. ORDER 00-6-27-2 An Election Authorizing a Four-Year Operating Local Option Tax and Adopting a Ballot Title.


Wilson said there is one packet that addresses 4. b and 4. e.  She said there are four options for the ballot title language.  She said the critical differences between the options addresses the taxpayer protection initiative and the question of potential federal revenues.  She noted the ballot has to describe the tax and the tax must be approved by the voters by the same margin of approval rate as the Taxpayer Protection Initiative.  She added if the initiative is enacted, it will go back and invalidate taxes or fee increases to December 1998, unless in March 2001 the voters reapprove the taxes or fee increases.  She noted that could produce constitutional problems.  She said in addressing the initiative, if it is placed on the ballot by signature, the language should be in the levy.


Wilson explained that Option 2 and Option 4 contain taxpayer protection initiative language.  She noted the language reduces the number of words available to explain the measure.  She explained that Option 3 has language to address federal funding.  She encouraged the Board not to restrict the ballot language to address something that is uncertain.  She suggested Option 1, without the language.


Green said that he would be supporting County Counsel’s recommendation.


MOTION: to approve Option 1 of ORDER 00-6-27-2.




Morrison supported the motion but had concerns.  She said trying to build trust for this levy will be imperative.  She noted on the Order, the date should be 93 instead of 83.


Wilson noted that this will be set up as a rate levy meaning there is a risk that there will be growth and property values will not decrease.  She added if they put a fixed levy amount on the ballot, there would be certainty to the amount coming in and the taxpayers would risk that their rate would vary.


Weeldreyer concurred with Morrison about not including reduction language in the levy.  She noted from a marketing standpoint, with Lane County’s limitations, there can be no other revenue measure for two years and there will be a large ballot in November with other jurisdictions asking for money.


Clements stated they need to increase the sense of credibility as decision-makers.  He was interested in introducing language that binds them versus language that would create more no votes.  He said he was sensitive to the issues and is prepared to move forward aggressively, as recommended.


Wilson commented that the language in bold is presently required under the Oregon Constitution (Measure 50 language).  She noted a yes vote on this measure is a vote to increase taxes.  She said if the order is approved today, it gives a political action committee and the public information officer certainty as to the programs and amounts placed on the ballot.


Weeldreyer said she will be voting yes with reservations.  She said she supported every money measure that was placed on the ballot but many people in her district did not support measures.


Morrison noted the amount is not much different from the levy in 1998.  She also had reservations about the levy.


Dwyer said he would be supporting the levy.


Van Vactor asked what the amount of the bond was.


Wilson noted it was for $8.2 million.


VOTE: 5-0.


f. ORDER 00-6-27-3 Directing that the Four Year Operating Local Option Tax Measure Be Placed in the State Voters' Pamphlet and Appointing a Committee to Draft an Explanatory Statement.


MOTION: to approve ORDER 00-6-27-3.




VOTE: 5-0.




a. Announcements






a. ORDER 00-6-27-4 Authorizing the Installation of Four-Hour Limit Parking Signs on Plaza Loop, a Local Access Road in the Pleasant Hill Area.


Marc Kardell, Assistant County Counsel, reported this was brought to the Board by neighboring property owners who were having difficulty doing business because of trucks dropping trailers and parking them for days at a time.  He said they looked at ways to regulate parking.  He said they are proposing that the road be signed for four-hour parking only.  He added they have talked to the people who had brought this to the Board’s attention and they thought it would be a resolution.  He noted the cost for doing this would be $850 for the signs, plus $75 annually for maintenance.  He said in addition, they could adopt a countywide ordinance that would regulate the problem.  He added enforcement would be by the Sheriff’s Office.


Dwyer noted there was not a perfect solution but he would agree with Number 1 to see if it works.


Morrison wondered about enforcement.


MOTION: to approve ORDER 00-6-27-4.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 00-6-27-5 Adopting Amendments to the Timelines for the Approved Work Program for the Periodic Review of the Lane County Rural Comprehensive Plan.


Jim Mann, Land Management, reported there was a requirement in the Oregon State Law and Administrative Rules to adopt a periodic review work program.  He noted Lane County did that in 1996 and it was modified in 1998.  He said anytime they make a change in the timeline of the work program, they have to have the Board adopt the changes.  He proposed a change in the timeline in sequence of the work of the periodic review work program.  He said it needed to be adopted by board order.  He noted the work done in the McKenzie Watershed is a model for how they want to approach the other watersheds.  He added they had gone beyond their timeline for completing the work in the McKenzie Watershed.  He said the changes in the timeline would have them completing the work by December 31, 2000.


Mann said in the work program they had an element that was a 1- year project, adopting a countywide minimum parcel size for the rural residential zone that complies with Goal 14.  He said they have had a change in circumstances since they adopted the work program.  He noted that LCDC had adopted an amendment to the Goal 14 Administrative Rule that defines what the guidelines are that the County has to follow to comply with Goal 14.  He said the changes in the work program needed to be adopted.  He said once that is done, there is a grant pending from LCDC of $40,000 to assist them.


Kent Howe, Land Management passed out timelines for amendments to Lane Code.


MOTION: to approve ORDER 00-6-27-5.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Sorenson recessed the meeting at 11:40 a.m.



Melissa Zimmer

Recording Secretary