2005-109-Minutes for Meeting January 26,2005 Recorded 2/10/2005DESCHUTES COUNTY OFFICIAL RECORDS CJ 1005,109
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 02/10/2005 03;09;08 PM
11!iti®
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MINUTES OF LEGISLATIVE CONFERENCE CALL
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 26, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Tom DeWolf, Dennis R. Luke and Michael M.
Daly. Also present were Mike Maier, County Administrator; Dan Peddycord,
Health Department; Bob Smit, KIDS Center; Mike Dugan, District Attorney;
Hillary Saraceno and Julie Lyche, Commission on Children & Families; Tom
Blust, Road Department; Scot Langton, Assessor; Scott Johnson, Mental Health
Department; Judith Ure, Commissioners' Office; and two other citizens.
Present via conference call was Bill Linden of Public Counsel LLC, the
County's lobbyist in Salem. No media representatives were in attendance.
Chair Tom DeWolf opened the meeting at 11:30 a.m.
Bill Linden provided an update on substantive legislation and funding issues now
being addressed in Salem.
1. Justice Court
Mr. Linden said that he has had discussions with members of the House and
Senate Judicial Committee. He stated that he cannot negotiate this issue with
Ernie Mazorol of the Courts, and feels Mr. Mazorol has been developing
excuses for not supporting the bill.
Mike Maier said that he has advised Mr. Mazorol the Board needs to be
involved. He added that the last time the excuse had to do with the location of
Circuit Court, and this issue was addressed. Commissioner Luke noted that
District Court puts a burden on staff and the courts. Mr. Linden agreed that it is
a drain on resources. He said he will discuss the issue with Judge Sullivan, and
will fax the revised draft to the Board.
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 1 of 6 Pages
Commissioner Luke said that for the record, he was deeply disappointed in the
Chief Justice and local court representatives because of how they treated the
County on the last go -round regarding Justice Court. He added that he is
willing to testify on this issue. He also stated that he is disappointed that the
Presiding Judge and Ernie Mazorol contacted Mr. Linden without talking to the
Board first.
2. SB 555 Sunset.
Mr. Linden explained that Representative Whisnant will soon have the
amendment in final form. Information on the possible outcomes and impacts is
needed. It would be helpful to learn who might be in opposition of the bill.
3. & 4. Appointed Treasurer and Assessor.
Mr. Linden said that there are two ways to handle this; one is through
constitutional change and the other is legislative. Senator Westlund may be
leaning towards legislative.
Commissioner DeWolf stated that this would allow the Board the authority to
appoint individuals, but an allowance should be included to allow for a vote of
the electorate if the population is more than 100,000. Otherwise it is doomed.
Mr. Linden felt that he could at least get a hearing on this issue.
5. PSU population data.
In regard to PSU population data for state funding allocations, this is in
legislative committee and a draft will be coming for the Board to review. It's
important to include the most current population information.
6. Close "slayer" statue loophole.
Mr. Linden stated that Senator Westlund drafted this bill, and there will
probably be no problem getting it through.
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 2 of 6 Pages
7. through 12. Tort issues.
(Cap tort claim limits, frivolous claim penalties, attorney fee awards, limit
contingency fees in suits with public bodies, mandate mediation in suits with
public bodies, attorney billing review process.)
Mr. Linden explained that he doesn't expect to see a lot of activity on tort
reform, but perhaps there will be some opportunity for reform eventually.
13. PIT stop legislation.
Mr. Linden said that this is in committee. He talked with a lobbyist for police
groups, and the Speaker requested the bill in draft form. The Attorney
General is actively working to pass this. He will send a copy of the draft to
the Board and to the Sheriff. There appears to be no opposition.
14. Police officer use of deadly force. (oppose)
Mr. Linden stated that there will probably be a number of bills filed on this
issue. Mike Dugan expressed concern that it will become an unfunded
mandate, with the counties having to pick up the cost.
15. Public safety collective bargaining law changes. (oppose)
Mr. Linden said this was fought last session but has been refiled. There is a
good coalition of Police Chiefs, Sheriffs and others working on this, and the
hope is to hold it at the Senate. This will be a difficult one.
16. Limits on local government insurance activities. (oppose)
Mr. Linden said he is watching this one.
B. Funding issues.
In regard to funding issues, Mr. Linden stated the following.
The process used by the Ways & Means leadership generally includes having
all kinds of agencies come in and present information on how programs
operate, and will stress the use of evaluations and outcomes. This information
will be used in the second step, setting priorities. The Co -Chair's budget will
then come out, and is supposed to reflect these priorities.
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 3 of 6 Pages
The third step is the actual work of the subcommittee, tying back to
evaluations and outcomes. Each budget issue needs to be worked on at least
three times. This won't change the amount of funds available, but it is a
different process than those used in the past — more than one-stop shopping.
There should be multiple opportunities for interest groups and entities to make
a pitch to the subcommittee and committee.
The whole process seems to be driven by the K-12 numbers. It is hoped that
they will settle on a strategy to establish this first, but it appears at this time
that most budget issues will be unresolved and floating until the very end.
There won't be much spending done until then.
1. a) SB 1145.
Mr. Linden said he is working on a process that will result in more funding for
1145 and less responsibility on the local entity. He will keep the Board and
Sheriff posted on this.
b) Mentally ill persons.
There is nothing new to report on the mentally ill pilot program. Scott
Johnson observed that he is monitoring this issue, and doesn't know yet if it
will go anywhere. It is a money issue.
2. Juvenile system.
Mr. Linden said he has spoken with Jenny Chocole about the various issues.
He stated that efforts are being made to get more money for the Oregon Youth
Authority. Nothing has been drafted yet.
3. Other public safety issues.
Regarding drug court, there is a strong interest. However, the budget for public
safety funding is being slashed up to $24 million. It comes down to funding
and the priorities of the Chief Justice.
In regard to raiding 9-1-1 funds (oppose), this issue isn't as organized as it has
been in the past.
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 4 of 6 Pages
4. Equity issues.
Scott Johnson stated that this is in the executive branch. He is attempting to
shake loose some FY 03-05 dollars. Legislation is not needed, but the influence
and support of the legislators is needed.
ESD funding issues are being monitored at this time.
5. Public and mental health issues.
Mr. Linden emphasized that this budget is a basket case, as it is at least $450
million short. There are all kinds of calculations being made regarding case
load levels and holes in programs that are being overlooked. Some programs
are being deliberately underfunded in the hope that the legislature will be forced
to find a way to cover it.
Dan Peddycord stated that HB 2038, dealing with tobacco tax, and HB 2125, a
new fee schedule for sanitary inspections of drinking water systems, were
deleted. HB 2125 would have brought in about $200,000.
The beer tax was one issue that they were not able to lobby. It may have not yet
been filed yet. The tobacco tax bill has been filed.
Mr. Peddycord said that he feels the bill pushed by the Sunriver Homeowners
Association regarding the operation of a vector control district should sail
through unopposed.
6. Programs for children and families.
Mr. Linden said he talked with Bob Smit of the KIDS Center regarding funding
problems. The same funding issues affect other programs as well. He is trying
to work with judiciary committee members. The approach may be to bring this
into the public safety arena to assure more stable funding.
7. Transportation system.
There is great interest in the transportation bill, but funding will be inadequate.
The State will probably try to bond as much as possible. Mr. Linden said that
the surcharge on auto insurance policies is about dead on arrival.
Commissioner Luke observed that there may be a $100 surcharge placed on
first-time registrations that will be used to bond repair and maintenance of
roads.
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 5 of 6 Pages
8. Environmental Issues.
Mr. Linden said he needs some help with the noxious weed eradication issue.
Commissioner Luke stated he would have Road Department staff contact him
with the details. A lot of the funding for this comes through the Department of
Agriculture.
Tom Blust said that pesticide protection laws passed in the 1999 session.
However, they have not been implemented due to the cost. There are two
current bills trying to revive this. He stated that in his opinion the funds could
be better spent and that there are already other ways to track this issue that are
adequate.
Being no further items brought before the group, the meeting adjourned at
12: 30 p. m.
DATED this 26th Day of January 2005 for the Deschutes County Board
of Commissioners.
Tom WWolf, Chair
ATTEST:
61
6'W'CX;_
Recording Secretary
Attachment
Exhibit A: Agenda for Legislative Meeting
Dennis R. Luke, Commissioner
Minutes of Legislative Conference Call Wednesday, January 26, 2005
Page 6 of 6 Pages
Board of County Commissioners
Deschutes County
Legislative Meeting
January 26, 2005
Agenda
I. Call to order — Board Chair Mike Daly
II. 2005 legislative committees
III. County priority issues - updates
A. Substantive legislation
1. Justice court — bill draft; discussions with Westlund, Burley,
Whisnant Judiciary Committee members
2. SB 555 sunset — bill dropped with amendment
3. Appointed treasurer — bill draft revised
4. Appointed assessor — bill draft revised
5. PSU population data for state funding allocations — in LC
6. Close "slayer" statute loophole
7. Cap tort claim limits
8. Frivolous claim penalties
9. Attorney fee awards
10. Limit contingency fees in suits with public bodies
11. Mandate mediation in suits with public bodies
12. Attorney billing review process
13. PIT stop legislation — in LC
14. Police officer use of deadly force (oppose)
15. Public safety collective bargaining law changes (oppose) — SB 319,
320,321
16. Limits on local government insurance activities (oppose)
1
B. Funding issues
1.
Adult
corrections
a.
SB 1145 funding — meeting with Governor's office
b.
Mentally ill persons — pilot program concept
2.
Juvenile system
a.
Juvenile sex offender treatment
b.
Juvenile sex offender residential program funding
C.
Juvenile outpatient mental health service
d.
SB 267 programs
e.
Local option concept — not being pursued by juvenile
directors
f.
Increased OYA bed capacity
g.
Funding for juvenile female offender residential program
3.
Other public safety issues
a.
Drug court funding
b.
911 fund raids (oppose)
4.
Equity issues
a.
Mental health funding
b.
ESD funding
5.
Public
and mental health issues
a.
La Pine health center
b.
School-based health centers
C.
Increase public health per capita funding
d.
OHP funding for children's dental care
e.
Early childhood health screening and intervention
f.
Children's nutritional needs
g.
Funding for childhood obesity, asthma and diabetes
h.
Health services safety net funding
i.
Fund preventive approaches to chronic diseases
j.
Fund tobacco prevention programs
2
6. Programs for children and families — budget reduction information
a. Maintain KIDS center funding — meetings with Bob Smit
b. Sustain expenditure flexibility
C. Restore Ballot Measure 30 cuts
d. Adequate relief nursery funding
7. Transportation system
a. Increase ODOT modernization funding
8. Environmental issues
a. Funding for noxious weed eradication
9. Discuss need for precise fiscal impact information on all funding
issues
C. Other business
3