May 31, 2006

following HACSA

Commissioners' Conference Room

APPROVED 2/7/2007


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison and Faye Stewart present. Commissioner Peter Sorenson was present via telephone.




Under Commissioners’ Business, Stewart wanted to add two items:  direction to Legal Counsel regarding Jim Seaberry’s request of the Boundary Commission; and an item on structural space that brings the F2 zone in from 130 feet to 20 feet.  Morrison wanted to bring back the discussion on Templeton Road and to bring up a report on Region 2050.




John Dotson, Eugene, stated he has the staff notes from the Boundary Commission and it says it is an effected territory, as defined in ORS 199, as described in the petition.   He said the petition discusses some of the properties they filed against.  He said in the description the annexation area includes tax lots and portions of Nottingham Avenue and Watson Drive. He said they are talking about a tax lot code and streets that are attached to the annexation description and by their own definition are in the affected territory and those were the objections they filed on.  He commented that if a change involves an annexation in the County board where the territory is located, the Board shall call an election in the territory.  He said the cost of the election shall be paid for by the city or district which the territory is proposed to be annexed.


Jim Seaberry, Eugene, stated that Dotson meant platted property, not tax lot.  He indicated tomorrow night is a meeting of the Boundary Commission.  He said the Boundary Commission had reposted the area to be annexed and changed the way it reads after they closed the public hearing. He wanted the County as the law indicates in ORS 199.505 to call for a vote in the affected areas.  He said they have filed copies of the petition for a vote which says the County will conduct a vote at the expense of the city.


Stewart said the intent is to give responses from Paula Taylor and Seaberry’s letter to legal counsel to give options on what they recommend in calling for a vote at the city’s expense.


Cliff Kelly, Elmira, President of the Lane County 4H Leaders Association, stated that last Tuesday he attended the Lane County Fair Board meeting.  He said they were going to consider a proposal from the YMCA to take over the livestock pavilion.  He added at that meeting County fairground staff reported that the City of Eugene had expanded by two months the period in which they would allow animal activities on the fairgrounds, from May 15 to October 15, increasing the available use of the livestock facilities.   He thought of it as a marketing issue instead of usability issues.  He believes that they could help keep the facility rented.  He said in the equestrian and livestock community the belief is that due to the restriction of the fairgrounds, they can’t have animal activities except during the fair.  He thought with a little marketing they could correct that perception and increase the use of the facility.  His concern was the YMCA would take over the facility ten months out of the year.  He said they proposed taking out two feet of dirt.  He noted the Fair Board unanimously endorsed the YMCA proposal on record.  He said he plans to go to the Fair Board next month regarding how they could use the facilities.


Morrison indicated that the Fair Board had hired a consultant under the Board’s direction to look at the facility and what could be done.  She noted the whole facility is under review as to how it was going to be used. 


Sara Miller, Eugene, stated she was with the 4H Club.  She said the 4H Club didn’t want to stop the YMCA proposal; their concern was to have a  home.  She said with the renovations that would be taking place, they wouldn’t be able to use the horse arena for the 2007 fair.  She wanted to find something that would work for everyone.


Richard Rile, Eugene, stated on April 5, 2006 there was a public hearing regarding certifying the final assessments for improvements of North Game Farm Road. He recalled that during the meeting, one of the commissioners asked Frank Simas, Public Works, if he would repeat the options. Simas said the options were to either certify the final assessment, delay the assessments or forego the amounts.  Rile stated that later a motion was made to certify the final assessments and it was seconded.  He recalled when a vote was taken, the motion failed 4-1.  He understood this to mean the assessments were waived and the assessable amounts were forgiven.  He said it was up to the commissioners to find the money and it fell on Commissioner Stewart.  He said on May 13 he received a letter from the city that there would be a public hearing set for May 17 when the report was supposed to be presented to the Board  He said the letter said that no further testimony would be considered other than public comment.  He said a motion to ratify the assessments was made and voted on.  He said the letter didn’t state there would be a vote.  He was never contacted by the city.  He said he was misled that the assessments were waived.  He requested the Board reverse their last vote and hold the initial vote and not ratify the assessment.  He wanted to know about deferrals.


Stewart understood with the deferral, the County would allow it to be passed on to the new owner but in the past, banks wouldn’t allow liens to be placed on a property so it needed to be paid off.  He said the County wasn’t opposed to passing it on to a new owner.


Jim Hale, Eugene, stated that the County needs to put a property tax in the charter amendment, otherwise they won’t be able to know what would happen in the future.  He asked for $20,000 for an exemption.


John Prevedello, Eugene, spoke on the Game Farm Road assessments.  He said at the May 17 meeting there was a report provided to the Board addressing the concerns the citizens brought up on April 5.  He never saw a copy of the report and neither did any other neighbor.  He said in the letter dated May 11 they were told the matter was closed and no further testimony was to be considered.  He said the Board never heard from people because no one received the letter.




ORDER 06-5-31-11/In the Matter of Applying for and Accepting a Federal U.S. Department of Justice, Community Oriented Policing Services (COPS) Grant in the Amount of $197,446 for Twenty-Four Months to Further Implement the Lane County Comprehensive Methamphetamine Plan; and Establishing One Full-Time (1.0 FTE) Management Analyst I Position; and Delegating Authority to the County Administrator to Sign Grant Documents.


Russ Burger, Sheriff, explained this was the COPS grant they discussed through the budget process.  He noted the Narcotics Detective position was approved through the process. He added their strategies include data analysis of the meth problem, community partnership, development and training.  He said with the grant funds they will do that in conjunction with the Lane County Comprehensive Meth Plan.  He added the grant excludes a sworn police officer but they could hire a civilian to help support it.


MOTION:  to approve ORDER 06-5-31-11.


Sorenson MOVED,  Morrison SECONDED.


VOTE: 5-0.




Stewart apologized to the Game Farm Citizens regarding the April 5 meeting.  He interpreted that he was to find funds to cover the assessment by the Board as a result of the motion failure.  He worked on that and he was going to consider downgrading the Marcola project to come up with the funds to pay for the $200,000 of the assessments.  He said because he was acting as chair and there was a motion made, it was his fault he didn’t do that.   He had concerns that the letter the people received did state they didn’t have an opportunity to respond.  He said the fact the letter was written on May 11 and the date this came before the Board was May 17, they didn’t have enough notice to come and talk.  He thought that was inappropriate and he wanted to send this to Policies and Procedures to work out a minimum time frame of five to seven days when people could receive the letter before the meeting so they could make arrangements to come in and talk to the Board.  He also wanted a deferment for people who do not receive direct benefit from this activity.  He wanted a letter that could be added to the lien that could make it transferable for mortgage companies to allow the lien to stay.


Van Vactor indicated the order with assessments remains in effect.




Stewart indicated that Wilson received a copy of all of the letters from the Boundary Commission and he wanted to get clarification on the request that Mr. Seaberry made for calling for an election and the city paying the costs.


With regard to structural defensible space on F2 lands, Stewart recalled that last week there was a third item that if they chose as a Board to do the education process, it was recommended by staff that they direct staff to prepare an ordinance for the proposed amendments to Lane Code 16.211 (8)(c) to implement the structural defensible space standard in the impacted forest land zone F2 and process the ordinance for a public hearing.  He said it could possibly go forward without a public hearing as an amendment.  He wanted to consider that direction so they could be uniform in what they educate the citizens with.


Dwyer wanted to get staff’s response to this.


Region 2050.


Stewart reported that last night they had a Region 2050 meeting.  He indicated that they have one official meeting left, June 29, with possible adoption. He said they would then go before all the different entities and if they adopt the coordinated regional growth strategies, they could move forward with implementation.


Morrison noted an e-mail she received stated Lane County said yes to this, but she didn’t remember them every agreeing to this.  She understood that Jeff Towery, Land Management, submitted the information to LCOG on Lane County’s behalf.  She stated that Lane County had not formally taken action.


Dwyer commented that the assertion Lane County agreed to was the wrong one.  He said they would take this subject up at a Board meeting.


Templeton Road.


Morrison reported that Green and Stewart went to the location.


Green asked to bring this back to the Board to have a work session.


Sonny Chickering, Public Works, stated they were given direction to legalize the “as traveled” roadway.  He discovered through surveying that the “as traveled” roadway is not traversable.  He said they would be legalizing a roadway that in order for the public to use, would have to be improved.


Dwyer asked for a summary of what the problems are, their options and then they will have a discussion about it.




Green reported that the Human Services Commission had a hearing on the budget, but weren’t able to take action to make a recommendation to the Board.  He said there were no changes and it was well supported by the citizen advisory committee.




a. Announcements




b. ORDER 06-5-31-1/In the Matter of Amending Chapter 4 of the Lane Manual to Revise and Enhance Financial and Budget Management Policies (LM 4.005-4.011).


Dave Garnick, Budget and Finance Manager, stated this was reviewed at Finance and Audit on December 6 and they took it to Leadership Team.  He said they needed to clean up some of the language to simplify and clarify and to address the negative outlook Lane County received from Moody’s Rating’s Agency.  He said the policy is to clean up the existing financial polices.  He said it adds the general fund reserve policy in more detail and explains how it is to be established and when it is to be spent.  He added it also has a clarification as to lapse and implication.  He indicated that he used it to build the 06/07 budget.


MOTION: to approve ORDER 06-5-31-1.


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.




A. Approval of Minutes:

October 11, 2005, Work Session, 9:00 a.m.

December 7, 2005, Regular Meeting, 1:30 p.m.

January 18, 2006, Regular Meeting, 1:30 p.m.

April 5, 2006, Regular Meeting, following HACSA

April 5, 2006, Regular Meeting, 1:30 p.m.

April 26, 2006, Regular Meeting, 1:30 p.m.


B. County Administration


1) ORDER 06-5-31-2/In the Matter of Appointing a Citizen Member to the Economic Development Standing Committee.


2) ORDER 06-5-31-3/In the Matter of Approving the FY 06-07 Visitor Services Program, Budget and Contract with the Convention and Visitors Association of Lane County (CVALCO) in the Amount of $1,266,751.


C. Health and Human Services


1) ORDER 06-5-31-4/In the Matter of Awarding a Subcontract Amendment in the Amount of $121,500 to Sponsors for the Alternative Incarceration Program.


D. Public Works


1) ORDER 06-5-31-5/In the Matter of Awarding a Contract to BRING Recycling in the Amount of $126,542 for Full-Line Recycling Services at the Glenwood Central Receiving Station, WM 06/07-04.


2) ORDER 06-5-31-6/In the Matter of Awarding a Contract to CP Construction, LLC  in the Amount of $928,267.00 for Grading, Structure & Paving – Sharps Creek Road Bridge, MP 6.48, Contract No. 05/06-14.


MOTION: to approve the Consent Calendar.


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.










11. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Dwyer recessed into Executive Session at 10:20 a.m.



Melissa Zimmer

Recording Secretary