BOARD
OF COMMISSIONERS'
REGULAR
MEETING
November 1,
2000
following
HACSA
Harris Hall Main Floor
Commissioner
Dwyer to add the proposed letter for the Federal Hate Crimes Prevention Act as
4. b.
2.
PUBLIC COMMENTS
Linda
Wagner, 2570 Moon Mountain Drive, Eugene, was present as Chair of the Human
Rights Advisory Committee. She said
they were told that the commissioners wanted to hear more from them on issues
that dealt with human rights. She provided the Board with their thoughts on the
upcoming initiatives on the ballot.
3.
EXECUTIVE SESSION as per ORS 192.660
To
be held at 10:30 a.m.
4.
COMMISSIONERS' BUSINESS
a. REPORT BACK Parks Block Task Force on "Placemaking."
Kelly
noted the committee met six times and had a public input session that produced
comments that were incorporated. He
said the recommendations were doable for the short term as well as making small
changes that make a big difference for both the Saturday and Farmers Market.
He added most of the recommendations affect the city property on the
south side of Eighth Avenue and city staff is developing a work plan for those
items. He noted it was recommended
that the right hand lane on Oak Street be turned into parking, and that had been
accomplished by the city. He said
the city is scheduled to have a briefing on
November 27. He noted on the
north side of Eighth Avenue, there are important recommendations that would help
operation of the park blocks and the Farmers Market.
He added the markets had committed funds to the project and urged the
Board to accept the recommendations.
Richie
Weinman, City of Eugene, stated that Russ Brink from Downtown Eugene, Inc.,
couldn’t be present. Sorenson
read a letter from Brink offering support into the record.
Weinman
noted the County did not have money for projects but he hoped there would be
support for the activities and money could be raised from private sources.
Dwyer
agreed with the short-term goals in adopting the report, but he was not for the
long-term goals.
Van
Vactor agreed with the concept of short-term proposals only.
He said he had concerns about the long-term direction of the report.
He said the park blocks architecturally were designed to be a passive
space and it is hard to envision active activities as they grow.
He said they do not fit and are not compatible.
He noted that from a long-term point of view, the community needed to
find a more capable location. He
added he was supportive of the markets, but if they grow, the park blocks would
not be the best location. He said
the removal of brush or concrete would be more long-term issues that could prove
problematic.
Morrison
was not in favor of the time long term picture if the intent was to grow. She said the area in the park blocks is past its growth, and
a larger area is needed. She said
they need to be looking at a true long-term solution.
Kelly
agreed that this is a short-term project. He
noted a lot of the recommendations were not growth oriented, they were addressed
at the convenience for both the vendors and customers of both markets.
He said if the County gave staff time as money, that would be desirable,
but it was more important for the County to cooperate.
Green
agreed that for the short term, it would be great, but things for the long-term
would be more conducive. He
said the report should be accepted and acknowledged. He suggested using video
lottery funding. He said things
could be better over time and if there was a way to make it work, he would
support it for the short-term.
Weinman
explained when they wrote the report, short-term was very short-term (a couple
of months). He added long-term was
within the next year or so, not necessarily a ten or twenty year plan.
Weeldreyer
was supportive of the Saturday Market and Farmer’s Market as they play a vital
role in microbusiness for Lane
County. She was supportive of the
placemaking group allowing participants and property owners to state what is
working and not working. She
favored the short-term solutions, but wanted the long-term options kept open.
MOTION:
to move that the Board accept the report of the task force and authorize the
county administrator to work toward its implementation.
Dwyer
reiterated they were discussing the short-term and not embracing long term
concepts and not expending any money.
Dwyer
MOVED, Green SECONDED.
Green
noted that some long-term projects could be done without Lane County.
Dwyer
stated the motion applied to Lane County.
Sorenson
noted that the Park Block Task Force brought together diverse interests with the
concerns of the County and City as entities and property owners.
Morrison
was concerned about final action. She
noted the Board agreed to accept the report and the short-term goals. She asked what the county administrator would be doing with
the short-term list. She questioned
what Lane County’s financial responsibilities would be.
Dwyer
stated it was his intent to have the motion facilitate movement that would allow
the vendors to take advantage of certain amenities that are not available
by working with the park blocks committee, the city and the market.
He said it did not include any financial contribution from Lane County,
costs would be borne by the people from the markets.
Van Vactor reported that he and Suchart will work with the task force. He added there is a facilities committee that the Board has and issues could be presented to that committee if they got too complex.
Weeldreyer
suggested having at-risk youth involved with the improvement.
She encouraged the city to get more food carts.
b.
DISCUSSION Federal Hate Crime Letter.
Sorenson
noted that this was a matter pending in Congress (SB 2549 and HR 4205) entitled
the Federal Hate Crimes Prevention Act. He
said he received a fax from a constituent, asking the Board to send a letter to
Lane County’s congressional delegation.
Dwyer
stated it was important for Lane County and the rest of the nation to go on
record regarding hate crimes. He
noted that it passed both houses of congress and was now stalled. He said it was
unanimous in the Senate with one opposing member on the House side in Oregon. He read the letter into the record.
MOTION:
to send a letter regarding federal hate crimes.
Dwyer
MOVED, Green SECONDED.
Weeldreyer
noted there were congressional representatives (Republicans) who were not
supportive of sending this letter.
Sorenson
said they are discussing a role for hate crime prevention and as the incidents
occur, people are more aware they are taking place.
He said something needed to be done.
Green
said no votes came from Alabama, Arizona, California, Ohio and New York.
Weeldreyer
didn’t like federal or state government telling local governments what to do.
She said if there was a way to meet the goal of preventing hate crimes to
make sure that all states met a certain threshold for prosecution of
the crimes, that would be best. She
said she is against hate crimes but wanted to read the pros and cons and find
the middle. She was not comfortable
voting on the issue.
Morrison concurred with Weeldreyer. She said she had just received the information and there was a one-page summary that was not complete. She added the senate side vote was not attached. She wasn’t sure about what they were doing. She wanted to see the legislation imposing on states and counties making a change. She was opposed to hate crimes but was not sure it was well conceived legislation.
Weeldreyer
reported she did an Internet search on federal legislation related to hate
crimes. She found that the American
Bar Association and U.S. Supreme Court Chief Justice William Rehnquist both
expressed concerns about this type of legislation.
She added that political popularity on being tough on crime has led
legislators to adopt federalizing crimes. She
said according to the Chief Justice, the dockets are busier at the federal level
as more and more laws are becoming federalized.
She added the American Civil Liberties Union had also expressed concern
about hate crime law as it adds punishment to existing statutes.
She said that hate crime legislation punished thought in a matter that
some legal experts think is at odds with the First Amendment.
She supported tough on crime laws that punish the people that commit the
crimes, but had concern about well-intended legislation and what the impacts
would be. She stated because of the
political bullying that Dwyer had done, she had reservations about the actual
implications of the legislation.
Dwyer
said the legislation was well intentioned and beneficial.
He added it had passed both houses of congress and had the support of
almost all of the Oregon delegation. He said it was needed.
Green
noted if the crimes weren’t happening, there wouldn’t be a need for the
legislation.
Sorenson noted the legislation was active in consideration. He said it was important that the legislation get through by the active participation of all members of congress. He added the proposed letter does specifically discuss the hate crime murders in Texas and Wyoming as part of a national hate crime pattern. He noted that the legislation did make a distinction on whether it punishes thought. He was sympathetic about the intrusion on freedom of speech. He suggested sending the letter.
a.
ORDER 00-11-1-1 Awarding a Non-Cash S.A.V.E. Award to Bill Mahn,
Assessment & Taxation.
Jackie
Mikalonis, Public Works, reported the S.A.V.E. committee had been operating for
about a year and the awards today were the last of the applications that had
come in prior to revamping the entire program.
She said the committee reviewed a series of applications and looked at
streamlining. She noted the new
provisions would come before the Board with fiscal restraints, making the
program move quicker.
Mikalonis
explained that before the Board was two applications recommended by the
committee.
Dwyer said this saved the County money
Sorenson explained the committee approved the recommendation of not sending out cards on accounts below $10,000 assessment and elimination of duplicate mailings to one owner of multiple property tax accounts. He said together it saved the County $10,000. He said the committee awarded Mr. Mahn 30 hours of time management for one recommendation and 10 hours for the other, for a total of 40 hours.
a. Announcements
a.
ORDER 00-11-1-2 Appointing One Member to the Parks Advisory Committee.
Jake Risely, Parks, stated that this fills a vacant position on the Parks Advisory Committee. He said the Parks Advisory Committee interviewed three qualified candidates and unanimously recommended Merle Bottge.
b.
SIXTH READING AND DELIBERATION Ordinance No. PA 1108 Amending the
West Eugene Wetlands Plan by Adopting New and Revised Wetland Designations for
Site H2, Referred to as the Speedway Site, and Related Policy and Text
Amendments, and Adopting a Severability Clause.
Celia
Barry, Land Management, stated that it was the last West Eugene Wetlands Plan
Amendment to be considered for adoption. She
noted it came before the Board on October 11 when the City of Eugene staff
explained the changes that were made since the planning commission approved the
ordinance. She noted the ordinance
with the changes was approved unanimously by the Eugene City Council, with
Councilors Farr and Meisner absent. She
stated that staff recommended approval.
Morrison
was concerned about the access issue across one area that was presented
previously. She said she wasn’t
sure that the owner of the property would be able to access the property at a
later date.
Neil Bjorklund, City of Eugene, reported the issue recently raised about access was where the speedway facility was located. He noted they examined this from a number of points of view (including required street width for access for fire and emergency vehicles), and the recommendation that the City Council passed was adequate access for both of those items. He added there was a minimum 60 foot wide street that was adequate for commercial use. He said because the council was trying to balance protection of wetlands and federal listed rare plants with access, they gave the minimum access needed.
Morrison said she would not support this due to the access issue.
Teresa Wilson, County Counsel, noted that in the agenda cover memo prepared for the October 11 reading, there was a discussion about not including a letter that had been submitted by Mr. Farthing. She said that the City of Eugene did exclude that from the record of what they were considering in their deliberations. She asked the Board if they addressed that. She added the record had been closed and Farthing had submitted a letter and attachments after the close of the record. She stated the Board did not reopen the record and Wilson asked that the Board make clear they excluded it from the record.
c.
CONTINUED DISCUSSION/SEVENTEENTH READING AND SETTING EIGHTEENTH READING AND
DELIBERATION Ordinance PA 1132 Amending the Eugene-Springfield
Metropolitan Area General Plan to Adopt a Revised “Transportation Element”
and Related Changes to the Plan Text; Adopting Revisions to the
Eugene-Springfield Transportation System Plan (TransPlan); and Adopting a
Severability Clause (NBA & PM 9/8/99, 9/29/99, 10/20/99, 12/1/99, 1/25/00,
2/15/00, 3/14/00, 3/28/00, 4/11/00, 5/2/00, 6/27/00, 7/12/00, 8/9/00, 9/6/00,
9/26/00 & 10/18/00).
Tom Stinchfield, Public Works, stated they are still figuring out the upcoming schedule. He noted the MPC subcommittees are in the process of being set up. He said the plan is to have the subcommittees meet three times to resolve the issues before the December 14 meeting of the MPC. He requested that the Board wait and not discuss TransPlan again until January 31, 2001.
Morrison MOVED, Dwyer SECONDED.
a.
ORDER 00-11-1-3 Approving the Comprehensive Strategy for Serious, Violent
and Chronic Juvenile Offenders: A Prevention Continuum, and Accepting a Grant
for $50,000 from the Oregon Commission on Children and Families, Increasing
Revenue and Expenditures by $50,000 in the Department of Children and Families
(3232) for FY 00-01.
Kathleen
Hynes, Children and Families, stated she brought the plan for approval. She noted the comprehensive strategy was the result of a
comprehensive planning process built on existing plans utilizing existing
planning bodies. She added they
followed the framework recommended by the Office of Juvenile Justice and
Delinquency Prevention. She
explained that Lane County requested to be one of the counties to receive
technical assistance to develop the delinquency prevention strategy.
She noted as a result of participating, and submitting an approved plan,
there was an opportunity to receive resources from the Office of Juvenile
Justice and Delinquency Prevention to begin implementing the plan.
She noted clerical corrections that needed to be made in Exhibit A.
a. ORDER 00-11-1-4 Creating Two .5 FTE Psychiatrist Positions in the Department of Health and Human Services in the Amount of $74,566.
None.
11.
EMERGENCY BUSINESS
None.
There
being no further business, Commissioner Sorenson recessed the meeting into
Executive Session at 10:45 a.m.
Melissa
Zimmer
Recording
Secretary
