June 7, 2006

following HACSA

Commissioners' Conference Room

APPROVED 1/24/07


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




Dwyer indicated that under Commissioners Business there will be a discussion regarding a letter from Solid Waste.  He noted that Ollie Snowden, Public Works, requested Consent Calendar item 8 F. 3) be pulled and discussed under Public Works.


Van Vactor noted at the end of the Ballot Measures 37 hearings, he wanted to discuss the Rule of Necessity in the Bruce Stewart claim.


Morrison wanted item 06-7-7-2 pulled from the Consent Calendar.




Melba Durant, Junction City, spoke on the Hulbert Lake Road issue.  She reported that a lawsuit was filed in January to challenge the Board’s ability to proceed under the statute regarding the legalization process on a portion of what is referred to by the County as County Road 160.  She noted it was filed in Circuit Court.  She indicated that no evidence exists that County Road 160 was ever accepted, surveyed or built by Lane County.  She said the 11 mile road was viewed in 1855 in one day and the viewing was read into the journal and never heard of again.  She noted the road as viewed was vacated two years prior to the law that allows the Board to conduct the legalization of roads.  She stated that oral arguments for the County’s Motion for Summary Judgment were held this past Monday and the judge had not yet ruled.  She said he suggested they file an injunction and those papers were filed on Monday afternoon.  She indicated that Morrison started this process in 2002 and Morrison stated in early 2003 that a request had been made to use the road as a cut off.  She said they don’t know who had requested that.  She commented that the County has a mountain of issues and never enough money.  She thought someone needed to tally the time and money spent on this issue because it was a waste for two miles of a driveway that was not built by the County.  She indicated the present legalization proposal by Public Works said the reason for legalizing is timing.  She said they stated if the roadside vegetation is not kept under control it could create a safety hazard to the public.  She recalled that two weeks ago she submitted to the Board a set of photos showing that the County road had not been mowed.  She noted that all the landowners on the driveway portion had mowed more than once.  She asked the Board to review the documents as presented by the plaintiff in Circuit Court because there was no urgency for the process today.  She commented since Public Works was so concerned about the safety of the public, they should not have removed the no through truck sign.  She said when she spoke with Public Works, she was told it was taken down because they could not find the board order that substantiated its existence.  She indicated that there was no acceptance of the road by the Board, no survey or building of a road on any deeds, but the driveway is still claimed by the County as a road.


Michael Smith, Humboldt, County, stated he was an adult reentry student.  He indicated he is part of a group of students and community members called Fair Chance who help students stay in school until they earn a college degree.  He said they are starting a parallel action in Humboldt and Lane County that advocates higher education rights for people on welfare or lifelong learners.  He indicated over the next few weeks they will write an ordinance for all people in Lane and Humboldt County to have a right to go to school and if those people have children, they have a right to receive aid in medical benefits and food stamps.  He indicated their work study or loans would be exempt as income.


John Datson, Eugene, commented that right of way of streets resides in easements upon private and publicly owned property.  He understood the directions but it was not clear from the Boundary Commission.  He said Paula Taylor, Boundary Commission, sent them a letter and did not address their objection petitions.  He noted that no certification of fact to their knowledge had been received or exists as required in ORS 199.505.  They want the names of the persons attending and the notes of the Boundary Commission meeting wherein the certification of facts was discussed to the objections that were presented.   


Jim Hale, Eugene, stated he was concerned about a $20,000 exclusion.  He supported the intent with what the Board was doing with the income tax but it didn’t work in terms of fairness.  He thought they needed to go to 2004 data and ask the state to sort it by filing status so they would get the information to see where some ideas might work.   


Green asked Hale about having information in the charter.


Hale said they need to promise property tax relief in the charter.  He said they have to realize an income tax could go up and down.  He thought they needed to put part of this in the charter so part of the tax limitation would be devoted to a rainy day fund.


Van Vactor said they can’t start making adjustments to the charter amendment.  He suggested Dave Garnick call Ron Chastain to call the Department of Revenue.













a. REPORT/Extension Service Quarterly Report.


Charlotte Riersgard, OSU Extension Service, gave her report. (Copy in file).  Brett Deedan, 4H Member, gave a report on 4H activities.


b. PRESENTATION/Chinese Delegation.


Exchanging of gifts took place.


c. REPORT BACK/Public Information Plan Progress.


Melinda Kletzok, Public Information, explained the “Working for You” effort is going forward.  She said they are doing a community outreach explaining the campaign.  She discussed the survey that was done.  She indicated that over one-third of the people surveyed could not name one County service and another 17 percent could only name one service.  She said they will go back and re-poll.


Tony Bieda, Intergovernmental Relations Manager, indicated there were two areas of concern that showed up with the perceptions of responsiveness to the public with the content of public information and spending money responsibly need work.


Van Vactor noted that every fall citizens write a check for property taxes.  He thought it was important for citizens to see where their taxes go.  He thought there was a tremendous job in letting the citizens know what they are getting for their money.   


Dwyer thought they needed a fact statement in with income taxes.  He thought it could list services and that would be a good place to start.


A video was shown showing the public service announcement.


Green thought they were going in the right direction.  He suggested going to NACo with the communication piece.


Stewart commented that it is the right thing to do after seeing the results from the survey.   


Morrison suggested with the fair coming up that they have a booth with this information and have as much outreach as possible.


d. Letter to Sid Leiken


Dwyer reported he went to the Springfield Economic Development meeting.  He said they had action items on their work plan including the Glenwood Facility.  He had a subsequent meeting with Snowden and Patti Hansen, Waste Management, and this was the letter that resulted from the meeting. He shared his disappointment that they didn’t discuss it with the County and it laid out the conditions the County would go along with.


MOTION: to approve sending the letter.


Green MOVED, Stewart SECONDED.


Stewart commented that it was his understanding that they had actually asked earlier about the potential of Lane County moving the waste site.


Dwyer said they hadn’t discussed anything specific.


Van Vactor indicated the discussion had been all verbal.


Stewart wasn’t happy about the way Springfield had been working with Coburg on wastewater.  He didn’t want things to go the same way with this.   


Van Vactor indicated Snowden sent a supplemental memo.  He said there were an additional 19,500 customers for recycling and 39,000 into the ecosort.  That is over 200,000 trips per year.


Green accepted that as an amendment.


VOTE: 5-0.




a. Announcements


Van Vactor reported the event at Valley River Center was a success.  He indicated over 1,000 citizen contacts were made.  He noted the Culinary Arts Program made treats and box lunches for employees.  He met the presidents of the Eugene Kennel Club and the McKenzie Cascade Dog Fanciers.  Their groups had donated $5,000 toward the trailer that LCARA has.  He thought they should have recognition for the officers in those clubs.




a. ORDER 06-5-17-10/In the Matter of Setting a Public Hearing to Consider the Proposed Legalization of a Portion of Hulbert Lake Road (County Road No. 160) Being Located Within Sections 11, 13, and 14, Township 15 South, Range 5 West of the Willamette Meridian (15-05-11, 13, and 14).


Marc Kardell, Assistant County Counsel, recalled what he heard the judge say in their Motion for Summary Judgment Hearing on Monday was to ask Ms. Durant’s counsel whether or not a preliminary injunction motion had been filed  Kardell indicated the attorney said it had not.  He did not hear the judge say to file the motion.  He indicated the Motion for Summary Judgment is under advisement by the court as of yesterday afternoon.  He noted that Ms. Durant’s counsel did file a Motion for Preliminary Injunction yesterday and Kardell also filed a response yesterday and those matters will be ruled upon.


Dwyer asked if it was appropriate to set a public hearing, given they have a summary coming from the court and a possible injunction.  He asked how long it would take the judge to rule on the summary judgment if the injunction doesn’t work.


Kardell responded that the judge indicated he would be issuing a ruling this week.  He said they had not been enjoined from acting.


Wilson explained that this order approves the notice of the hearing and the order setting the date.  She said if the Board were to approve this and the matter was enjoined, they would cancel the hearing.


MOTION: to approve ORDER 06-5-17-10.


Morrison MOVED, Green SECONDED.


Dwyer indicated the hearing is scheduled for July 12, 2006, 1:30 p.m., subject to the judge’s decision.


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




A. Approval of Minutes:  None.


B. County Administration


1) ORDER 06-6-7-1/In the Matter of Authorizing a Letter to Comcast Cable Regarding Negotiations for Franchise Renewal Under Federal 626 Guidelines.


C. Health and Human Services


1) ORDER 06-6-7-2/In the Matter of Approving an Amendment to the 2005-07 Community Corrections Plan and Awarding a Subcontract Amendment in the Amount of $35,000 to Emergence for Treatment Services to Drug Court Clients.


2) ORDER 06-6-7-3/In the Matter of Appointing Four Members to Fill Vacancies on the Community Action Advisory Committee (Human Services Commission Budget Planning Committee).


3) ORDER 06-6-7-4/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health & Human Services Fees (LM 60.840) Effective July 1, 2006.


D. Management Services


1) ORDER 06-6-7-5/In the Matter of Authorizing the County Administrator to Execute a Five-Year Lease Renewal Agreement with McKenzie Enterprises, Inc. for an Expense of $345,600.00 for Space for the Central Lane Justice Court Located at 220 Fifth Street, Springfield.


2) ORDER 06-6-7-6/In the Matter of Authorizing the County Administrator to Execute a 36-Month Lease Agreement at an Expense of $183,528 with Heinz and Susan Selig for 7000 Square Feet of Office Space at 1900 W. 7th Avenue for the WIC Program.


3) ORDER 06-6-7-7/In the Matter of Authorizing the Board Chair to Execute a Gas Line Easement to Northwest Natural Gas Company Over County Owned Real Property Identified as Assessor's Map #18-03-10-10-03200 (86714 McVay Hwy., Eugene).


E. Public Safety


1) ORDER 06-6-7-8/In the Matter of Delegating Authority to the County Administrator to Execute Easement Agreement Between Giustina Land & Timber Co, Eugene Water & Electric Board and Lane County for Road Access to Mt Hagan Communication Facility.


F. Public Works


1) ORDER 06-6-7-9/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Asphaltic Mix Patching Material Needs During the Period of 7/01/06 to 10/31/06, Contract No. 06-M&S-53.


2) ORDER 06-6-7-10/In the Matter of Awarding Two-Year Requirements Contracts to Eight (8) Contractors for the Rental of Heavy Equipment to Supplement County Resources for Ongoing Operations and During Emergencies Caused by Floods, Windstorms, and Other Disasters, Contract No. RM 06/07-01.


3) ORDER 06-6-7-11/In the Matter of Accepting the Director's Report for Estimated Assessments for Green Creek Road Bridge, a Local Access Road.


MOTION: to approve the Consent Calendar with items C. 1 and F. 3 pulled.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.


C. 1)


Van Vactor reported that the Facilities Committee approved the improvements for the medical facility at the jail.  He said they would be forwarding an order out of next year’s capital improvement plan.  He noted that frees up $116,000.  He said the order would need to be amended to delete $116,000.  He thought that money could be put toward compensation of the settlement of the Federation of Parole and Probation Officers’ contract.


MOTION: to approve the amendment of the deletion of $116,000.


Morrison MOVED. Stewart SECONDED.


VOTE: 5-0.


F. 3)


Sonny Chickering, Public Works, reported this was concerning the Director’s Report for the Green Creek Bridge project.  He recalled this is on a local access road where the Board has directed staff to replace the existing railroad flatcar bridge with a new railroad flatcar bridge.  He indicated they were in the process of making that happen and this action is to review the estimated assessment.  He asked the Board to approve the report and to direct them to send the information to the property owners.  He indicated it would start the 20 day remonstrance period.


Morrison said there was a change in how the assessments were going to be handled.  She said instead of being shared with 12 property owners, it is down to eight owners.  She added that made the assessments higher.  She asked for Frank Simas, Public Works, to alert the property owners last week that this would be on the agenda so they were aware of the changes.  She said they may have some problems with the railroad car itself.  She said they were told by the company there were structural issues that might push the project out further.


Stewart asked if the fire equipment could access the bridge, as was the Board’s intent.


Chickering responded that the bridge would be insured for 27 tons.  He said that was based on the fire district’s equipment.  He added they were not guarantying log trucks.


Morrison said until the state does a rating, they won’t know what it will carry.  She noted the current rating had been in place since the 70’s.


Green said he didn’t see a copy of a letter that went out to people who will get the assessment.  He asked staff to provide the Board with documentation that they could do it.


Chickering sent the letter out to the homeowners, but it didn’t make it into the packets.  He indicated that Simas made a phone call to every property owner.


MOTION: to approve ORDER 06-6-7-11


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 5-06/In the Matter of Amending Chapter 2 of Lane Code Regarding Elections and Voters' Pamphlet (LC 2.625, 2.630, 2.655) (Second Reading and Public Hearing: June 21, 2006, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance 5-06 for June 21, 2006 at 1:30 p.m.


Morrison MOVED, Green SECONDED.


VOTE; 5-0.


b. DISCUSSION/Providing Direction to Staff for the Disposition of County-Owned Real Property Identified as Map No. 17-04-36-41-12500 (Adjacent to 1393 Polk Street, Eugene)


Jeff Turk, Management Services, recalled in April he sought the Board’s direction on the disposition of a County owned property by the fairgrounds on Fourteenth and Polk Street.  He indicated it was a property that was purchased in 1978 and managed by the fairgrounds since that time.  He said the Fair Board decided it was surplus to their needs and wanted to dispose of it.  He said that takes action by the Board.  He added at that meeting the Board asked him to do additional research and find out about any other entities that might be interested in the property.   


Turk said he contacted the Housing Policy Board to see if they wanted to acquire the property for affordable housing.  He said it was presented to them and there was no interest.  He contacted the City of Eugene to see if they had any interest in the property for public purpose.  He indicated there was no interest by the city.


Turk had an appraisal done and it came back with a value of $85,000 for the lot.  With regard to the source of funds used to purchase the property, he contacted Steve McCullough, who was the fair manager at the time.  McCullough indicated that the properties on the west side of the fairgrounds were purchased with their funds.  He asked the Board what they wanted to do with the property.  He indicated the Fair Board requested that the money be given to them since they had been maintaining it.


Dwyer wanted to do a private sale.  He didn’t think they could get the best price by putting it up at a Sheriff’s sale.


Turk recommended putting it up for a Sheriff’s auction.  He indicated it is a public process.  He said they would publish notice and if the property doesn’t sell at the auction then they could have a private sale.


MOTION: to approve Option C to have a Sheriff’s auction.


Green MOVED, Morrison SECONDED.


Green wanted the proceeds to go to the fairgrounds.


VOTE: 5-0.








Green reported he met with the Speaker of the House in Salem.


With regard to the testimony from Jim Hale, Stewart wanted to have a discussion  on the charter amendment.  He said citizens want to have more assurance in the  charter amendment than what they are proposing.


Dwyer thought the dedication of the property tax should be part of the charter.


Wilson commented that the longer charter amendment that they had reviewed earlier contained a paragraph from levying property tax relief instead of the credit.  She said she could rewrite the paragraph to discuss it in the form of a credit.  She added the longer charter amendment dedication for public safety included a reserve.  She said it indicated the income tax revenue dedicated to public safety would be used for a reserve for public safety and it was not in the shorter version of the charter amendment.


Morrison was in support of it.  She commented that there is a cry out for a true  assurance of where this is going.


Wilson asked the Board if they were comfortable with the old reserve language.


Green wanted the language to be more specific.


Wilson explained they have to make a decision by July 10 to place the matter on  the ballot.   


12. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Dwyer recessed the meeting at 11:35 a.m.



Melissa Zimmer

Recording Secretary