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2005-560-Minutes for Meeting March 16,2005 Recorded 3/21/2005DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK U 2005-560 COMMISSIONERS' JOURNAL 0 /21/2005 04:51:09 PM 200 -560 DESCHUTES COUNTY CLERK CERTIFICATE PAGE -r-- 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.org MINUTES OF LEGISLATIVE CONFERENCE CALL DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY.) MARCH 16, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Tom De Wo�f Dennis R. Luke and Michael M Daly. Also present were Mike Maier, County Administrator; Nancy Blankenship, Clerk; LPSCC member Jack Blum; Scott Johnson, Mental Health Director; Tom Anderson and Catherine Morrow, Community Development Department; and citizen Andrea Blum. Present via conference call was Bill Linden ofPublic Counsel LLC, the County's lobbyist in Salem. Also present was media representative Chris Barker of the Bulletin. Chair Tom DeWo�fqpened the meeting at 11:05 a.m. Substantive Le2islation Nancy Blankenship expressed concern regarding proposed changes to state election laws. One, HB 2551, delays the opening of ballots until 8:30 the morning of the election; at this time, Election Clerks can begin opening ballots seven days prior to election day. If this bill passes, this work would be compressed into one day, and it would significantly delay the results of the election. Also, the number of elections workers would have to increase,, and those workers would have to be trained. The additional cost for Deschutes County would be at least $30,000. She said that the Clerks' Association opposes this bill. Since another bill, HB 3090, is also being considered that would make similar changes, it is obvious some legislators don't know how the elections process works. There appears to be concerns related to problems that have occurred in other states, but there are no factual reasons for this concern in Oregon. Minutes of Legislative Conference Call Wednesday, March 16,2005 Page I of 6 Pages Mike Maier added that the additional cost would just be for personnel; it would not include having to buy additional equipment. Ms. Blankenship noted that there would also be additional facilities costs, and the Bill would require ballots at drop sites to be counted there, which is neither practical nor secure. This would compromise the integrity of the ballot flow process. Commissioner Luke asked Mr. Linden to include this on the substantive legislation list. Mr. Linden briefly touched on items where changes may have occurred since the last conference call. Fundint! Issues Regarding the budget, a new revenue forecast has been released, adding $202 million. This happened the same day the Supreme Court made a ruling regarding a lawsuit on the issue of the 2002 legislature spending Medicaid funds that were excluded from the kicker bill. This ruling removed a cloud on some funds; however, the money was taken out at the time, and this doesn't add it back in. Once the revised revenue forecast was released, a press conference was held regarding how the ftinds should be spent. There is a big figure being discussed for K- 12. A few days later the leadership of both chambers agreed to set a figure out of the lottery to spend the next biennium. This freed up the Ways & Means leadership to work on allocation decisions. Part of the agreement is that any additional funds in the May forecast can also be spent as long as they don't go over the total figure. They are probably $160 million short of that number but are working on revenue issues now. They also agreed to have the budget out by April 4. The process appears to be working better than it has in the past. Regarding the Justice Court issue, the legislators are waiting for the Bend City Council to discuss it. Mike Maier added that he spoke again with Andy Anderson, the City Manager, and Mr. Maier was assured that he need not attend the meeting. The City's concern is their revenue stream; however, they are now aware that their operational costs may also go up. There is not a $400,000 gap as Councilor Hummel had stated; it is more like $50,000. Minutes of Legislative Conference Call Wednesday, March 16, 2005 Page 2 of 6 Pages Mr. Maier observed that some of the conversations that took place were an attempt to torpedo the Bill by creating a conflict between the City and County that wasn't there. Commissioner DeWolf reiterated that the main issue of siting a Justice Court within the city limits is to open up a pool of lawyers who could apply for Justice of the Peace; they cannot do so now if they live within the city. Commissioner Luke added that this would also make going to Justice Court more convenient for citizens who, for instance, have to go to either Redmond or La Pine at this time if they need to address a small claims issue. Commissioner Luke stated that hearings are being held on HI3 2434, which would require local governments to pay into a PERS fund for employees on temporary workers compensation. Even if the employee is not paying the entire 6%31 the County would have to pay the entire amount. The Association of Oregon Counties opposes this Bill. In regard to the population bill, Mr. Linden said it would be best to amend it into another instead of having it stand alone. It is important for it to pass this time. This will probably be handled late in the session. Mr. Linden stated that the collective bargaining issue is still one vote away from defeat on the floor. Several lobbyists are working on this, but it may still not go away. HB 2595, vector control, has passed the committee and the House will only one 66noll vote. They are working with Oregonians for Food & Shelter to make sure the Bill doesn't go before the Senate Environmental Affairs Committee. This dynamic could be a problem, as the Bill might be used as a bargaining chip for something else. HB 2477 is in regard to the strike bar on certain employees, primarily those working for 9- 1 -1 and other emergency response groups. The only concern is law enforcement. Minutes of Legislative Conference Call Wednesday, March 16, 2005 Page 3 of 6 Pages The Oregon Youth Authority is in budget hearings; discussions are taking place regarding the processes used and protection in terms of staff and special abuse allegations. Mr. Linden said that Jenny Chocole Bimie (Deschutes County Juvenile Justice Director) is involved in the work group, and has said that the first meeting went well. A Juvenile Referee is being added to the standard items being addressed. SB 581 has to do with court discretion to reduce fines. A section was added that eliminated wording that judges could not reduce fines below 75 % of state level. The Judges' Association feels this unfetters their discretion, as they would like to take fines down to 50% if desired. There is a lot of opposition to this Bill. Mike Maier said he would discuss this item with Judge Fadeley (Justice Court). Mr. Linden stated that SB 946,, introduced by the Oregon Stenographic Reporters Association, requires stenographic reports be used in every murder trial in Oregon. Courts use digital recordings about 85-90% of the time now. There are only about 1,200 stenographic reporters statewide. The expense under this Bill would be shared by the State and counties; he has heard that AOC may bring in an amendment to exempt counties. Mike Maier pointed out that if they use a stenographer, there is no transcript available if that person dies. The County is holding forty years' worth of transcripts because of this. The Courts prefer digital or voice recordings. In regard to equity issues, Mr. Linden said he met with Scott Johnson (current Director of Mental Health) and Gary Smith (former Director), then with Representatives Burley and Whisnant. He added that it is relevant to note that Clackamas County is far down on the equity list. Commissioner DeWolf stated that several of the largest counties are listed before the average line. The hope is to have Scott Johnson put together a proposal to approach these counties and arrange for a team effort to make these changes. The disparity is too big to get complete equity, but at least perhaps the bar can be moved. Minutes of Legislative Conference Call Wednesday, March 16,2005 Page 4 of 6 Pages Scott Johnson said that he spoke with County District Attorney Mike Dugan about the fact that the County falls into a high intensity drug traffic area, as do three others that are below the line. He would like to see more dollars come in to cover this problem. Mr. Linden said that he has already taken this issue up with the Lane County Board, and they could be included in the coalition group. Mr. Johnson stressed that the preference is to make it need -based instead of equity -based, so high -need areas should be identified. Mr. Linden said that regarding public and mental health issues, there is not much movement at this time. This is also true for the Commission on Children & Families. There is little interest in the Governor's proposal to change the CFAA fund structure and have these programs fall under the general fund. Monitored Issues In regard to noxious weed eradication, more discussion needs to happen and more attention needs to be given to this issue. . So far no discussions have taken place regarding concerns of West Nile virus. Mike Maier asked about the double majority annexation bill. Mr. Linden stated that if it gets through the Senate, it will likely die in the House. Mr. Linden said he will update the group on tort reform issues during the next conference call. Catherine Morrow asked for Mr. Linden's assessment on what is happening in regard to Measure 37. Mr. Linden stated that it appears there won't be significant changes during this legislative session. Commissioner Daly said that he attended a recent Oregonians in Action meeting, and several legislators assured the group that something will be resolved soon and that clarifications will be made in some key areas. Ms. Morrow added that one issue affecting Deschutes County is the TDC program's compensation fund. Minutes of Legislative Conference Call Wednesday, March 16, 2005 Page 5 of 6 Pages Mr. Linden explained that the Court budget is in limbo, and it is said that it is upside down by about $24 million. There is talk about continuing the 30% surcharge on some fees. There are also seven or eight bills in for new judges. Being nofurther items discussed, the meeting adjourned at 11:50 a.m. The next conference call will takeplace at 11:30 a.m., Wednesday, March 23. DATED this 16 th Day of March 2005 for the Deschutes County Board of Commissioners. ATTEST: 6wak, T60�- Recording Secretary Toni DeWolf, Chair Dennis X. Luke, Commissioner Attachment Exhibit A: Agenda for Legislative Meeting (3 pages) Minutes of Legislative Conference Call Wednesday, March 16, 2005 Page 6 of 6 Pages 03/16/05 10:18 '0503 M 2471 0002/004 Board of County Commissioners Deschutes County Legislative Meeting March 16, 2005 1. Call to order — Board Chair Tom DeWolf 11. County priority issues - updates A. Substantive legislation 1 Justice court — (813 396) 2. SB 555 sunset — being scheduled 3. Appointed treasurer 4. Appointed assessor — (SB 391 as amended) 5, PSU population data for state funding allocations — amendment 6. Close "slayer' statute loophole — filed 7. PIT stop legislation — (1-1113 2569) 8. Police officer use of deadly force (oppose) 9. Public safety collective bargaining law changes (oppose) — SB 319, 320, 321 — Senate vote count 10. Limits on local government insurance activities (oppose) 11. HB 2595 — vector control — passed House 12. HB 2477 — strike bar on certain employees 13. Ferrioli bill B. Funding issues 1. Adult corrections a. SB 1145 funding b. Mentally ill persons — Gordly bill 2. Juvenile system a. Juvenile sex offender treatment (SB 5530) 1 03/16/05 10:18 '0503 371 2471 Q003/004 b. Juvenile sex offender residential program funding (SB 5530) C. Juvenile outpatient mental health service (SB 5530) d. 'SB 267 programs (SB 5530) 6. Increased OYA bed capacity (SB 5 530) f. Funding for juvenile female offender residential program Increase public health per capita funding (HB 5038) (SB 5530) g. OYA budget hearings h, HB 2570 3. Other public safety issues a, CFAA revenues b. 911 fund raids (oppose) C. S13 581 (expands court discretion to reduce fines) d, SB 946 — court reporters 4. Equity issues a. Mental health funding b. A & D funding — meeting with Scott Johnson 5. Public and mental health issues a. La Pine health center (HB 5038) b. School-based health centers (HB 5038 & 1-113 3142) C. Increase public health per capita funding (HB 5038) d. OHP funding for children's dental care (HB 5038) e. Early childhood health screening and Intervention (HB 5038) f. Funding for childhood obesity, asthma and diabetes (1-113 5038) g. Health services safety net funding �(HB 5038) h. Fund preventive approaches to chronic diseases (HB 5038) i. Fund tobacco prevention programs (HB 5038) 6. Programs for children and families — budget reduction information a. Maintain KIDS center funding — meetings with Bob Smit b. Sustain expenditure flexibility C. Adequate relief nursery funding 2 03/16/05 10:18 '0503 371 2471 7. Transportation system a. Increase ODOT modernization funding 8. Environmental issues a. Funding for noxious weed eradication (HB 2577) C. Issues Being Monitored Only 1 . Cap tort claim limits (SJR 15) 2. Frivolous claim penalties 3. Attorney fee awards 4, Limit contingency fees in suits with public bodies (SB 516) 5. Mandate mediation in suits with public bodies 6. Attorney billing review process 7. ESD Funding equity 8. Drug Court Funding 9. Children's nutritional needs D. Issues Dropped From Priority List 1. Juvenile local option concept 2. Restore Ballot Measure 30 cuts Q004/004 3