January 4, 2006

Commissioners' Conference Room

1:30 p.m.

APPROVED 1/18/06


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








Jim Gillette, Eugene, said he paid $3,400 to have a hearing and didn’t get to make a presentation.  He said there was some public interest to give the land as a park.  He stated that he wouldn’t give up.  He thought the Board had erred and didn’t think he should have to pay money for a hearing.  He commented that if the Board didn’t want to hear his appeal that they shouldn’t charge him.  He thinks the County should take this on.
















Dwyer requested that David Suchart lower the flag for the death of Charles O. Porter.


MOTION:  to request that David Suchart lower the flag for the death of Charles O. Porter.


Sorenson MOVED, Green SECONDED.


VOTE: 5-0.




a. Announcements


Van Vactor announced that the Leadership Team Meeting would take place on January 10, 2006 at 8:30 a.m. in the Goodson Room.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1225/In the Matter of Adopting a Conformity Determination Amendment Pursuant to Rural Comprehensive Plan - General Plan Policies, Goal Two, Policy 27.a.iii., Amending the Plan Designation from Agriculture (A) to Forest (F) and the Zoning Designation from Exclusive Farm Use (E40) to Impacted Forest Land (F2) for a Portion (26 Acres) of Tax Lot 201 of Lane County Assessor Map 19-04-14, and Adopting Savings and Severability Clauses.  (File: PA 05-5060 Walsh) (Second Reading & Public Hearing: January 18, 2006, 1:30 pm).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1225 for January 18, 2006 at 1:30 p.m.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 06-1-4-1/In the Matter of Vacating the Alley in Block 55, in 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).


Bill Robinson, Land Management, reported that this came by way of a petition from 100 percent of the abutters to the alley.  He indicated that the petitioners stated that the property suffers from a lack of maintenance and use and has degraded natural beauty.  He said they wanted to take on the maintenance and be responsible for it.   He noted it is 300 feet in length and there are four owners. He indicated that everyone would gain eight feet of alley and be responsible for that.  He noted that it was supported by transportation planning, as they see no potential for use of the alley.  He added that the other agencies they normally contact either had no response or responded that there would be no problem with the vacation.  He explained the reason for the request was that it gets returned to the public tax rolls. He commented that these people have a pride of ownership in the area and they would like to take responsibility for the grass and trees.  He said they recommend Option 1.


Dwyer asked what the public interest was.


Robinson indicated the owners would take care of the vegetation and that would reduce the risk of fire danger.


Dwyer commented that he has a policy of not approving something without a public hearing when the interest involves other than the property owners.


Robinson explained that in a case like this there was no necessity for a public hearing, but it is on the agenda for review.  He added that by ORS 368 and 321, a petitioner might bring this to the Board.  


MOTION:  to approve ORDER 06-1-4-1.


Morrison MOVED, Stewart SECONDED.


Stewart commented that no one came to testify against this matter.  He didn’t see any reason for the general public to be using it when it dead-ends onto property.  He agreed it was a fire hazard and it could be a responsibility the County doesn’t want.  He thought it was in the public interest to get this on the tax rolls.


VOTE: 3-2 (Sorenson, Dwyer dissenting).




A. Approval of Minutes: August 10, 2005, Regular Meeting, 9:00 a.m.

November 29, 2005, Work Session, 9:00 a.m.

November 30, 2005, Regular Meeting, 9:00 a.m.

December 14, 2005, Regular Meeting, 9:00 a.m.


B. County Counsel


1) ORDER 06-1-4-2 /In the Matter of Selecting Newspapers to Publish Ballots, Monthly Statement of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosures.


C. Fair Board


1) ORDER 06-1-4-3/In the Matter of Reappointing Two Members to the Lane County Fair Board.


D. Management Services


1) ORDER 06-1-4-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Donald L. Kearney Jr. and Denise Kearney for $35,000 (Map #18-03-17-12, Tax Lots 3900, 4000 and 4200, East of 4223 Kincaid, Eugene.


E. Public Works


1) ORDER 06-1-4-5/In the Matter of Awarding a Contract to Farwest Truck Center in the Amount of $1,708,345.00 for the Purchase of Fifteen (15), New, 12-14 Yard Dump Trucks, with Fifteen (15) Trade-ins, Contract FY05/06 FS-07.


2) ORDER 06-1-4-6/In the Matter of Authorizing an Intergovernmental Agreement for the Sale of Two (2) Surplus Caterpillar Integrated Toolcarriers to Columbia County in the Amount of $135,000.00.


3) ORDER 06-1-4-7/In the Matter of Authorizing the County Administrator to Execute Construction Change Orders Associated with the Stagecoach Road Improvement Project in the Not-to-Exceed Amounts of $165,000 for Change Order 3 and $240,000 for Change Order #4.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.




a. First Reading and Setting Second Reading and PUBLIC HEARING Ordinance No. 7-05/In the Matter of Amending Chapter 3 of Lane Code Regarding Regulation of and Reporting by Used Merchandise Dealers and Eliminating the Secondhand Business License Requirement (LC 3.600-3.00) (Second Reading and Public Hearing January 18, 2006, 1:30 p.m.)


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 7-05 on January 18, 2006.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


b. ORDER 06-1-4-8/In the Matter of Adding 1.0 FTE Sergeant to the Police Services Division in the Sheriff’s Office.


Dennis Ewing, Sheriff’s Office, requested increasing appropriations in revenues and expenditures to establish an additional FTE sergeant.  He said it allows the Sheriff’s Office to provide the level of service requested by the contracted jurisdiction.  He said historically they had provided one sergeant, equally divided between the Creswell and Veneta contract and the Oregon State Marine Board.  He recalled that discussions had been ongoing for the past five years to increase those proportions.  He said the Oregon State Marine Board agreed they would pay for one FTE sergeant and the cities of Creswell and Veneta have also agreed to pay for one-half of a FTE.  He indicated that it was an increase of one full time sergeant.


MOTION:  to approve ORDER 06-1-4-8.


Morrison MOVED, Green SECONDED.


Morrison commented that she was happy with how this worked out.  She thought it was the best thing for Creswell and Veneta.  She was supportive as it did not cost Lane County anything.  She added that it increases the Sheriff’s capacity as well.


VOTE: 5-0.  




a. ORDER 06-1-4-9/In the Matter of Applying for a US Department of Justice Office on Violence Against Women Arrest Grant for $400,000 and Delegating Authority to the County Administrator to Execute Grant Documents.


MOTION:  to approve ORDER 06-1-4-9


Stewart MOVED, Green SECONDED.


VOTE: 5-0.  








Morrison announced that Adult Corrections was having an open house and job fair on January 4, and 5.


Stewart thanked staff for a good job over the holiday weekend in having to deal with flooding.  He thanked the Board members for the past year and appreciated everyone’s support for him as a commissioner.


Green was pleased to comment that the work done in Harris Hall was very nice.


Dwyer discussed an article from The Oregonian regarding life jackets.


14. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Dwyer recessed the meeting at 2:10 p.m.



Melissa Zimmer

Recording Secretary