BOARD OF COMMISSIONERS'
September 27, 2000
Commissioners' Conference Room
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.
1. ADJUSTMENTS TO THE AGENDA
Sorenson noted there had been a request for an older worker’s resolution recognizing older workers. He added that he had to leave the meeting at 11:30 a.m. to attend a program at Lane Community College.
2. PUBLIC COMMENTS
Floyd Prozanski, P. O. Box 11511, Eugene, spoke regarding Measure 3. He noted that in the legislature they attempted to make changes in laws that were necessary to ensure that innocent individuals were not losing their property without the government proving that the individual had been involved in criminal activity. He said what the act does not stop is police officers seizing property for the purposes of evidence, forfeiture or protection. He said it would not limit animal shelters from recovering cost in providing care to animals taken into protective custody or forfeiture of any vehicles including DUI. He passed out a memorandum from animal rights groups.
Dwyer thanked Prozanski for his service to the state and commended him for his work. Dwyer said civil forfeiture is unconstitutional.
3. EXECUTIVE SESSION as per ORS 192.660
4. COMMISSIONERS' BUSINESS
a. DISCUSSION Ballot Titles.
1) #84 - State Mandates
Van Vactor explained it was the old ballot Measure 30 that was approved by the voters in 1996. He said it stopped the state from having the legal ability to impose additional duties and obligations on local governments.
MOTION: to take the position of favoring Ballot Measure 84.
Dwyer MOVED, Morrison SECONDED.
VOTE: 4-0. (Green excused.)
2) #7 – Takings
Wilson explained that Measure 7 is an initiative that would amend the state constitution to require compensation to owners whose property value is reduced because of government regulation.
Kent Howe, Land Management, reported the proposed ballot measure would allow the County to impose to the minimal extent possible, regulations required to enforce federal law. He added it required them to rezone all lands in Lane County that are RR1 to RR2, no parcels could be created smaller than two acres in size. He said there is a reduction in property value that this measure would be speaking to, as the County would need to compensate these property owners. He said the County would be liable for compensating landowners for the net cost to the landowner of an affirmative obligation to protect, provide or preserve wildlife habitat. He added there are parking and screening requirements in commercial and industrial zones. He noted the clauses could require Lane County to address taking claims under these definitions and implementation would carry responsibility for the County to respond to assertions that a County regulation had reduced property value within 90 days after the property owner applied for compensation, and if a claim for compensation was denied or not fully paid within 90 days, reasonable attorney fees to collect compensation are to be included in the final settlement.
Wilson said this measure is difficult to quantify potential impacts to Lane County.
MOTION: to move to oppose Ballot Measure 7.
Sorenson MOVED, Dwyer SECONDED.
Morrison stated she was in favor of Ballot Measure 7 as the land use laws need to be addressed.
Weeldreyer said she had concerns about changing in the zoning. She said the fiscal impact of what is being projected is alarming. She was more concerned about the fiscal impact to governments than private property rights.
VOTE: 3-1 (Morrison dissenting.) Green is excused.
3) #89 - Tobacco Settlement Funds
4) #4 - Tobacco Settlement Funds
Rob Rockstroh, Health and Human Services, noted these were companion measures and whichever one gets the most votes, wins. He said that Measure 89 is for the Oregon Health Plan. He added it helps in the emergency rooms and for adding child programs. He noted that Measure 4 would aid counties and local governments better. He said that $339 million would come to the state from the federal government. He noted that AOC was supporting the one that supports the counties.
Dwyer favored Measure 4 because it eliminates housing and transportation.
Morrison supported Measure 4 as well.
5) #3 – Forfeiture
Doug Harcleroad, District Attorney, explained that the Oregon Legislature passed the forfeiture statute about eight years ago. He said the idea was for civil procedure (set up by the legislature) on the taking of property where the property was involved in the manufacturing, distribution or sales of illegal drugs.
There was no position taken on this by the Board.
5. COUNTY ADMINISTRATION
Van Vactor reported on a NACo conference he attended. He discussed the retirement system. Also, he noted this fall there will be a financial staff upgrade of the PeopleSoft system. He added they are still looking for a legal service provider that does not have a conflict with Lane County.
6. PUBLIC WORKS
a. ORDER 00-9-27-1 Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Reconsidered Decision Denying an Application for Rezoning Property from RR-5 to RR-2 (file PA 00-5279/Halbert).
Jerry Kendall, Land Management, reported it was a zone change from RR5 to RR2 for 22 acres. He noted the subject project is found between the McKenzie Highway and Greenwood Drive, but in two ownerships. He said access was the only issue on appeal. He said the Halbert property fronted the McKenzie Highway and has legal access for the two existing dwellings, but ODOT had indicated that they would not likely grant access for additional parcelization and access onto the highway and there was a dilemma. He added they have no control if Mr. Scott decides after the rezoning is granted to proceed with a partition leaving the Halberts landlocked because ODOT wouldn’t grant them access. He said what was needed to remedy the situation was a recorded and properly executed easement from Mr. Scott to the Halberts granting them access onto Greenwood Drive. He said that Tom Miller, their agent, failed to do so and the hearing official become concerned with their 150 day timeline and made a decision that there was no adequate access and the denial was warranted.
Kendall explained that he had been in communication with Mike Farthing, agent for the appellants, and had granted the County a two-month waiver to the 150-day timeline period. He said the Board could remand this issue to the hearings official for discussion and closure on getting an easement into the record and the application could be approved.
MOTION: the Board remands this back to the hearing’s official for the purpose of securing the easement in the record.
Weeldreyer MOVED, Morrison SECONDED.
VOTE: 4-0 (Green excused).
Green returned to the meeting.
7. CONSENT CALENDAR
A. Approval of Minutes
B. Health and Human Services
1) ORDER 00-9-27-2 Delegating Authority to the County Administrator to Sign a Contract with PeaceHealth, Oregon Region to Provide Fiscal, Reporting, and Client Services Management for LaneCare in the Amount of $12,927,482.
2) ORDER 00-9-27-3 Delegating to the County Administrator Authority to Sign an Amendment in the Amount of $24,371 to a Contract with White Bird Clinic for Drug and Alcohol Treatment for Offenders.
C. Public Works
1) ORDER 00-9-27-4 Relinquishing Real Property Rights Acquired for Construction of the West 18th Avenue Widening Project to the City of Eugene.
2) ORDER 00-9-27-5 Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, Lot “C”, of Conant Acres, as Platted and Recorded in Book 31, Page 6, as a Public Road (Mimi Street) (17-04-12).
3) ORDER 00-9-27-6 Vacating the Public Alley in Block 57 of the Second Amended Plat of Fern Ridge, as Platted and Recorded in Book 6, Page 28, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-05-35-33).
4) FINAL ORDER 00-9-27-7 The Alteration of Portions of County Road Number 315 (Mt. Vernon Cemetery Road Sometimes Known as Mt. Vernon Road) and County Road Number 452 (South 57th Street) from Jasper Road, Easterly and Northerly to the Springfield City Limits, Being Located Within Section 4, Township 18 South, Range 2 West of the Willamette Meridian).
MOTION: to approve the Consent Calendar.
Morrison MOVED, Weeldreyer SECONDED.
8. COUNTY COUNSEL
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 8-00 Amending Chapter 4 of Lane Code to Revise the Definition of Motor Vehicle Relating to Car Rental Tax (LC 4.205)
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 8-00 for October 11, 2000, at 1:30 p.m. in Harris Hall.
Green MOVED, Weeldreyer SECONDED.
9. HEALTH AND HUMAN SERVICES
a. ORDER 00-9-27-8 Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees (LM 60.840) Effective October 1, 2000.
Lynise Swagger, Health and Human Services, reported that they were requesting to change the Health and Human Services fees in public health, alcohol and drug, and parole and probation. In Public Health, they wanted to increase immunizations from $8.00 to $10.00 as it had been several years since they had increased the fee and $10.00 is still well below the fee a private physician would charge. She added beside the increase in the fee, they wanted to restructure the way immunizations are listed. She said they wanted one line item titled Immunizations that covers all immunizations, with the charge being $10.00 plus an acquisition fee, if there was one.
Swagger noted in the Family Planing Section, they are deleting a fee that was a duplicate, and increasing the emergency contraceptive packet from $3.00 to $4.00 to cover increased supply costs. She said they wanted to increase the fees they charge to Medicaid, only as it maximizes their revenue collections and it would help cover added indirect and personnel costs. She noted the word “medical” should read “Medicaid.”
Swagger explained that on alcohol and drugs, they were requesting urinalysis testing increased from $10 to $11.
Swagger noted for Parole and Probation, they are requesting a $100 fee for polygraph testing to be changed to read “actual cost,” which is $110 and will be $125 next year. She said it would pass the cost of the service directly onto the client to implement any fee increases quickly. She said they wanted to add an Interstate Compact Transfer Fee of $150 to cover the cost of preparing a transfer packet that is needed when a client leaves the state. She noted they wouldn’t increase any fees until after the election. She said they will collect the fee starting October 1, but they would set the money aside until the outcome of the election.
MOTION: to approve ORDER 00-9-27-8.
Weeldreyer MOVED, Green SECONDED.
VOTE: 3-2 (Morrison, Dwyer dissenting.)
a. ORDER 00-9-27-9 Approving an Intergovernmental Agreement with the Cities of Eugene and Springfield for the Purpose of Collaboratively Accomplishing Replacement of the Area Information Records System (AIRS).
Paul White, RIS, asked the Board to approve the Intergovernmental Agreement with the cities of Eugene and Springfield. He said it was an agreement that was developed at the request of the AIRS executive steering committee. He said the agreement formalizes the understanding that the group had reached and provides for the funding and coordination of the project and the continuing support for the existing mainframe system for the duration of the project. He said the areas it affects are law enforcement (police services) within the county and cities; adult corrections (Lane County jail) computer dispatch (911 center) local, municipal and justice courts.
White noted with the change of the system, efforts were made to obtain funding through tax measures and sometimes the project had stopped. He said the agencies decided that it was too important to leave it to a tax measure that may or may not pass, so they identified funding within this year’s budget to get started with the replacement of the AIRS system. He said the agreement incorporates the matters they asked to have. He said the term of this agreement is through the middle of 2006, or until the conversion project is completed, unless the agreement is extended. He noted the current status is that they are getting ready to mobilize for the project and they will start in the middle of October with the jail and computer dispatch components to be the first replaced. He noted the project would take four years.
Green supported this item.
Dwyer stated that this item needed to get started.
MOTION: to approve ORDER 00-9-27-9.
Dwyer MOVED, Morrison SECONDED.
Weeldreyer stated the current system was designed in the 60’s and needs to be upgraded.
11. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer reported that there was an LCC stakeholders meeting and there were unresolved issues. She said the traffic issue is very significant. She wanted a solution to the traffic at McVay and I-5.
Dwyer concurred with Weeldreyer.
Green stated that ODOT needed to see what was happening with the traffic.
Dwyer said he would be attending a Roads Advisory Public Hearing on the processing of facility permits.
Weeldreyer said that the Cascades West Annual Dinner would be in Corvallis.
12. EMERGENCY BUSINESS
Sorenson distributed the National Older Worker Week Resolution.
ORDER 00-9-27-10 Recognizing September 24, through September 30, 2000 as National Employee and Older Worker Week.
MOTION: to approve ORDER 00-9-27-10.
Weeldreyer MOVED, Dwyer SECONDED.
There being no further business, Commissioner Green adjourned the meeting (Commissioner Sorenson left early) at 11:50 a.m.
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