September 26, 2007

1:30 p.m.

Commissioners' Conference Room

APPROVED 8/26/2009


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




a. SECOND READING AND DELIBERATION Ordinance No. 11-07/In the Matter of Amending Chapter 8 of Lane Code to Adopt a New Intergovernmental Agreement Combining Fiber South Consortium and the Regional Fiber Consortium (LC 8.600, 8.700). (NBA & PM 9/12/07).


Milo Mecham, LCOG, explained that this is a housekeeping process.  He said that Lane County is a member of both Fiber Consortiums and Lane County was instrumental in establishing both consortiums.  He added that two consortiums were created because it was a quick process for one consortium, but they ended up being set up as two.  He indicated that the relationship with the members is the same. He said members are not fiscally responsible for the activities of the consortium.  He reported that members have the opportunity to serve on the consortium and because they are combining the consortium with a large number of members, they have changed the governing structure and created an executive committee that will operate the consortium instead of having a meeting where all members are present.  He noted there is a guaranty in the IGA and in the Bylaws that represents a geographical balance of the consortium so there is a selected number from each part of the area.


Mecham noted an issue raised by County Counsel was an amendment to the functions in Section 5.  He said previously, the language said that one of the functions of the consortium would be to carry out further responsibilities and functions as provided by the members.  He indicated the language is changed to carry out further responsibilities and functions approved by the consortium.  He said Marc Kardell, Assistant County, suggested that in the Lane Code provisions that are being adopted, a provision be added noticing that no additional functions can be taken on by the consortium without approval of the members. Kardell proposed that it be added as part of the Bylaws.  Mecham asked the Board to forego that option because the new IGA has already been adopted by seven members of the future consortium and they would have to go back and do an amendment process.  He didnít think it was necessary because the consortium is a creation of the members and the members have listed its functions as part of the IGA and the consortium canít take on any additional responsibilities or functions without approval by the members.


Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to adopt Ordinance No. 11-07.


Green MOVED, Sorenson SECONDED.


Wilson noted the ordinance indicated the intent of the Board of Commissioners is to enter into the IGA upon execution by the Lane County Administrator.  She said if they adopt the ordinance, they are delegating authority to the County Administrator to sign it.




There being no further business, Commissioner Stewart adjourned the meeting at 1:45 p.m.



Melissa Zimmer

Recording Secretary