January 12, 2005

9:00 a.m.

Commissioners' Conference Room




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




Dwyer requested that item 5. b. be moved to the Consent Calendar.












Sorenson noted the opening of the legislature on Monday.  He was invited by Senator Morrisette to sit with him during the swearing in ceremony.




a.  DISCUSSION AND ORDER 05-1-12-1/In the Matter of In the Matter of Appointing Representatives to Various Committees and Agencies.


MOTION: to approve ORDER 05-1-12-1.


Dwyer MOVED, Stewart SECONDED.


VOTE: 5-0.


b. ORDER 05-1-12-2/In the Matter of Contributing to Volunteers in Medicine in Honor of L.L. "Stubbs" Stewart. (moved to Consent Calendar)




a.         Announcements






a. ORAL REPORT/Status Report on Youth Services Participation with Lane Education Services District and the Safe Schools/Healthy Students Grant.


Lisa Smith, Department of Youth Services, introduced Dr. Susan Taylor Green, Superintendent of the McKenzie School District, David Allender, Juvenile Counselor, with Youth Services,  Catherine Henderson, Prevention Coordinator, Lane ESD, Pam Paschke, Juvenile Counselor, Tony Skirdo, Principal, Pleasant Hill High School,  Rob Slyvan, Supervision Case Management Supervisor who gave presentations about these positions.


Smith reported that last time she came to the Board was in November 2002 to ask for permission for the positions.  She noted the University of Oregon is performing the overall evaluation for the project.  She said reducing juvenile referrals for person crimes in developing the grant was an objective to work toward.  She said the reality is when they go to a school district that does not have the service and someone provides the service, referrals increase.  She said it didn’t mean that crime increased, it meant that someone is attending to the issue.  She said the juvenile counselor positions for the Safe Schools Healthy Student grant is different from the juvenile counselors that are traditionally at DYS.  She said they have small caseloads of actual juvenile offenders but the majority of their work is prevention based.  She said they are in the schools providing prevention and interventions services.


Smith indicated the grant expires January 2006.  She noted that each school district has worked with DYS in defining what the individual activities of their juvenile counselor would be so they are tailored toward that community’s needs.  She noted that was different from anything they had ever done before.  


Smith reported that 1,690 individual students received services in the 2003/2004 school year.  She noted that 1,750 students received group interventions, 220 meetings were held with juvenile counselors and parents and 500 teacher consultations were held.




a. REPORT BACK AND ORDER 05-1-12-3/In the Matter of Reaffirming the Design Concept for Bernhardt Heights Road, Adopted by the Board December 4, 2002 By Order Number 02-12-4-2, and Approving a Modified Alignment and Cost Estimate (NBA & PM 12/8/04).


Sonny Chickering, Public Works, reported this came before the Board on December 8 about adopting a modified alignment.  He noted the Board in 2002 adopted an original design concept and they came back last month to get the Board to reaffirm that they wanted them to proceed along the new alignment and they proposed a modification to the alignment they had adopted in 2002.  He said that after several discussions and public hearings, the Board indicated they still supported the re-alignment, utilizing the existing BPA road, but there were concerns raised by citizens during the public hearing regarding icing conditions on the steep roadway of the existing BPA road.  He said the Board asked them to put together some estimates regarding replacing and upgrading the existing guardrail and any other steps they might make to make the road safe during icy conditions.


Chickering noted they expect to spend an additional $15,000 for base rock reconditioning on the lower end of the BPA road.  He said they anticipated putting a chip seal on the road to extend the life of the pavement surface and the traction would be improved.  He said they are estimating the guardrail costs to be $50,000.  He said the base rock conditioning, application of chip seal and upgrading of the guardrail would be an additional $75,000.  He reported their intent was to do the work with money out of their existing maintenance road budget, it wasn’t intended to be part of the capital project.  He said they Board could put this into capital instead of maintenance.


Dwyer suggested giving Chickering the discretion to choose either maintenance or  capital.


Morrison commented she wanted it to be the most beneficial to their overall road fund budget as they move forward.


Sorenson was in favor of consistency and how they would have handled this matter in the past.  He asked how much land would have to be condemned due to eminent domain.


Chickering responded that Exhibit B lists the properties where they would expect to acquire right-of-way.  He noted there was a mixture of industry and private property owners.  He added the entire budget for right-of-way acquisition is $35,000 based on the relative land value on the zoning.


Dwyer asked that they be sensitive and not isolate small parcels of land.


MOTION: to approve ORDER 05-1-12-3 with the discretion to use maintenance or capital.




Stewart agreed to give them the discretion they need.


Sorenson commented he agreed to give them discretion they need for safety reasons.


VOTE: 5-0.


b. FIFTH READING AND DELIBERATION/Ordinance PA 1190/Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land To "Commercial", and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway) (NBA & PM 8/27/03, 9/10/03,  1/14/04 & 7/14/04).


MOTION: to approve a Fifth Reading and Setting a Sixth Reading and deliberation for Ordinance PA 1190 for July 13, 2005.




VOTE: 5-0.


c. ORDER 05-1-12-4/In the Matter of Vacating a Portion of J.W. Bond Road, Co. Rd. #37, Located in Section 31, Township 16 South, Range 4 West and Section 6, Township 17 South, Range 4 West of the Willamette Meridian in Lane County, Oregon, Without a Public Hearing, and Adopting Findings of Fact (16-04-31; 17-04-06)


Bill Robinson, Land Management, distributed a 2000 aerial photo of the area.  He said it has historic incidents of vandalism and camping.  He said people have moved camp trailers there.  He said the City of Eugene has 100% abutting ownership of the road and they have asked for it. 


Dwyer asked what the public benefit was.


Robinson responded that the benefit is securing the area.  He noted that on the Consent Calendar there is a dedication that would go with this, where the City of Eugene would be making access for the owners on the west side.


Green asked what the City of Eugene’s long-term plan was for the property.


Robinson didn’t know what the long-term plan is.


Stewart commented since the previous part of the road had been vacated he didn’t see any reason why this shouldn’t go forward.


Dwyer stated that vacating roads shouldn’t be on the Consent Calendar.


MOTION: to move to approve ORDER 05-1-12-4.




Green requested that Robinson find out from the City of Eugene how this property fits into their long term plans with the response being e-mailed to the Board.


VOTE: 5-0.




A.        Approval of Minutes:  None.


B.         County Administration


1) ORDER 05-1-12-5/In the Matter of Appointing a Member to Fill a Vacancy on the Public Safety Coordinating Council.


C. Public Works


1) RESOLUTION, NOTICE OF HEARING AND ORDER 05-1-12-6/In the Matter of Initiating Proceedings to Withdraw County Road Status (But Not the Public Road Status) of a Portion of Ricketts Road (County Road Number 936), Located in Section 34, Township 18 South, Range 3 West of the Willamette Meridian (18-03-34) (Public Hearing: February 16, 2005, 1:30 pm).


2) ORDER 05-1-12-7/In the Matter of Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, as Public Road Right-of-Way. (17-04-11) (Cindy Street).


3) ORDER 05-1-12-8/In the Matter of Releasing, Dedicating and Accepting  Parcel "A" of John Dyson Subdivision a Parcel of County Owned Real Estate, as Public Road Right-of-Way (17-04-11) (Cindy Street).


4) ORDER 05-1-12-9/In the Matter of Releasing, Dedicating and Accepting  Parcel "B" of First Addition Montmoor a Parcel of County Owned Real Estate, as Public Road Right-of-Way (17-04-11) (Lobelia Avenue).


5) ORDER 05-1-12-10/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement For Merryman Road (County Road No. 1294)  (17-05-01; 16-05-36).


6) ORDER 05-1-12-11/In the Matter of Appointing Five New and Five Re-Appointed Members to Fill Vacancies on the Resource Recovery Advisory Committee.


D. Management Services


1) ORDER 05-1-12-12/In the Matter of Authorizing a Sheriff’s Sale of Surplus County Owned Real Property on February 14, 2005 and Delegating Authority to the Property Management Officer to Remove Any Particular Property from Said Sale If Determined to Be in the County’s Best Interest.


END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *


MOTION: to move to approve the balance of the Consent Calendar. With 9. C. 5) being pulled.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.


9. C. 5)


MOTION: to approve ORDER 05-1-12-10.




VOTE: 5-0.




Morrison noted the Board received a packet from the Bozarths.  She indicated they had already scheduled a meeting with DSL, Lane County staff and the Bozarths for next Thursday. 



Green announced there would be a Martin Luther King celebration on January 17 at the University of Oregon at 6:00 p.m.


Sorenson and Morrison attended the Longhouse dedication at the University of Oregon.


12. EXECUTIVE SESSION as per ORS 192.660


(Commissioners' Conference Room)


To take place after the meeting.




There being no further business, Commissioner Morrison recessed the meeting at 11:45 a.m.

Melissa Zimmer

Recording Secretary