November 5, 2008

9:00 a.m.

Commissionersí Conference Room

APPROVED 11-2-2010 


Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Pete Sorenson present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




Fleenor asked to pull item 2.B.1) for a separate vote.




Jim Gillette, Eugene, said everyone tells him public testimony is a waste of time.  He said people are upset with the process.  He thought anyone who shows up for public comment deserves a response.  He said his court case is a waste of time.  He wanted to see his case completed.


Mike Farthing, Eugene, stated that he represents Mike and Jamie Garber. He distributed a letter. (Copy in file)  He was disappointed with the action the Board took with Second Avenue and Ocean intersection on the Garberís property on the coast.  He said they object to the resolution confirming the publicís right to use the intersection and as a public road.  He said his analysis took exception to the findings.  He said Attachment A to the letter said there is no indication of Second Avenue being extended beyond lot 20 of the Plan.  He said the order/resolution is a land use decision and the Board is applying the code to the Gaberís property to their detriment.  He added it is a conflict with the Boardís definition of public road in Chapter 15.  He thought there needed to be a chance for everyone to discuss the item.  He stated that it was an unlawful taking of the Garberís property and if it restricts their development where they canít do anything, they believe monetary damages might be owed by the County.  He commented that if the Board wants to address the road, they need to do it in a public and fair process.


Fleenor said he spoke with County Counsel and it is their belief that is not a land use decision.




A. Approval of Minutes


B. County Administration


1) ORDER 08-10-29-3/In the Matter of Transferring $22,050 from the Service Stabilization Reserve into Materials & Services for a Contract With Smith Dawson and Andrews to Continue Federal Lobbying Efforts.

C. Management Services


1) ORDER 08-11-5-1/In the Matter of Award of Bid LCB 2008-06, Lane County PSB Miscellaneous Improvements 2008, to McKenzie Commercial Contractors, Inc., for a Construction Contract for Improvements to Various Interior Portions of the Lane County Public Service Building and the Lane County Courthouse, Including All Electrical, in the Amount of $168,863.


2) ORDER 08-11-5-2/In the Matter of Authorizing a Sale for $25,000 of Surplus County Owned Real Property Commonly Known as Blue Mountain School Road to David and Linda Collier and Retaining an Access Easement for Public Use (Assessor's Map No. 21-02-30-00-00700).


D. Public Works


1) ORDER 08-11-5-3/In the Matter of Release of Deed Restrictions From a Portion of T.L. 17-03-17-34-00100 in Connection with the Beltline Highway/Coburg Road Interchange Improvement Project.


2) ORDER 08-11-5-4/In the Matter of Supporting the Continued Use of the Public Road at Second Avenue and Ocean Way in the Plat of Heceta Beach, in Section 4, Township 18 South, Range 12 West of the Willamette Meridian. (18-12-04)


E. Youth Services


1) ORDER 08-11-5-5/In the Matter of Awarding a Contract to Looking Glass Youth and Family Services for Residential Drug and Alcohol Services and to Center for Family Development for Psychological Services and Delegating Authority to the County Administrator to Execute These Contracts.


2) ORDER 08-11-5-6/In the Matter of Approving a Lease Amendment with Looking Glass Youth and Family Services, Delegating Authority to the County Administrator to Execute the Amendment and Appropriating the Revenue to the Department of Youth Services Budget.


MOTION: to approve the balance of the Consent Calendar. With 2.B.1) and 2.D. 2) pulled.




VOTE: 5-0.




Sorenson recalled that last week the Board set this over and during that time he talked with Dave Garnick, Budget and Finance Manager, about the matter.  Garnick informed Sorenson that this amount was not budgeted in the Lane County budget that was worked on in January through June, 2008.  He thought the County Administrator had the authority to sign the contract for $22,000, only if it is budgeted.  He said they have been hesitant to assume they would be budgeting money from the federal forest money for any purpose.  He said it wasnít clear what they were asking Smith Dawson to do.  He said they need to get clear direction what they want to do for the United Front before they commit to any money.


Fleenor concurred with Sorensonís objections to this matter.  He indicated they were actually asking for $44,000.  He said they will continue to draw down the strategic reserves and they will have layoff notices next year.  He asked to hold off on this for a couple of months until they get the mandate from the Budget Committee and public testimony.  He said public safety trumps lobbyists.  He said he wouldnít support this.


Stewart said these are the funds in their joint effort for United Front.  He recalled that the United Front for the past 20 years has brought in over $500 million to the County.  He recalled that last year the United Front brought in money for the COPS grant and nearly $1 million from this effort.  He commented that a $40,000 investment to bring in $1 million for public safety is a prudent process.  He stated that when they prioritized things for the budget this was on the list.  He is in support of this effort.  He noted that next year there will be an RFP process to go back out to see if there are other lobbying firms that would represent the United Front in a different way.


Green asked where the money came from for the Coordinated Poplulation Forecast.


Garnick responded it came from the service stabilization fund.


Green said they donít have to do anything with the population forecast.  He said they could wait until they get the census results.  He supported this.  He said they have to keep in perspective what Smith Dawson has brought in for Lane County.


Dwyer thinks the RFP is a good idea.  He said he plans to vote for this as Smith Dawson has returned more than their fair share.


MOTION: to approve ORDER 08-10-29-3.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.




Stewart asked that this be pulled because they were provided with information this morning and the Board didnít get a chance to review it.  He recommended staff review this information and bring it back at the next meeting.


Dwyer wanted to roll it for two weeks with a report back.








Dwyer commented that with Obama winning, the country has been given another chance.  He added the new leader doesnít negate the problems he is facing.  He thought Obamaís speech was high caliber.  He thought that together there was nothing the country canít do.  He said there is hope for the future and things are going to get better.


Fleenor echoed Dwyerís remarks.  He commented that change is good but sometimes it is difficult and he thought they are going to have difficult times ahead.  He commented that there are rumors going around that he is proposing they reduce the public safety budget.  He said it wasnít from him.  He wanted to look at a fiduciary prudent process by which they take into consideration all of the facts and bring in expert testimony providing them with information they may not have so they can make a logical common sense decision with respect to the timber payments.  He commented that at the end of the day if all of the information suggests to a logical conclusion that they should buy back public safety services then he will do that.  He said until then, they need to keep the money and make sure they do their due diligence before they make any decisions to spend the money.


Green commented that there were a few times when he got to witness history in the making during his lifetime.  He said he witnessed history with Obama winning.


Sorenson distributed an article from the  Homebuilders Association of Lane County about real estate in Oregon.




a. DISCUSSION/LTD 2009 Service Reduction Proposal.


Mike Eyster, LTD, Andy Vabora, LTD and Mark Penborg, LTD gave a presentation on the 2009 Service Reduction Proposal. (Copy in file).


b. ORDER 08-11-5-7/In the Matter of Appointing a Commissioner as the Voting Delegate to the Council of Forest Trust Land Counties.


Stewart reported that in two weeks there will be a meeting of the Council of Forest Trust Land Counties.  He said he would need to become a delegate for voting purposes.


VOTE: to approve ORDER 08-11-5-7 to designate Faye Stewart as a voting delegate.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 4-0 (Sorenson out of room),




a. Announcements


Spartz announced that they have hired a new Events Center Manager, Rick Reno.


b. ORDER 08-11-5-8/In the Matter of Awarding Contracts for Strategic Investment Projects Selected Through the 2008 Economic Development RFP Initial Proposal Cycle and Authorizing the County Administrator to Sign Project Contracts.


Mike McKenzie-Bahr, Economic Development, explained that this is for consideration of awarding of video lottery grants. He reported that the Economic Development Standing Committee after reviewing recommendations, recommended three proposals for funding: Earth Lab dba as Wise Woman Herbals for $45,300; Beau Delicious International Cafť Yumm for $63,272 and Emerald Valley Performance Enterprise Consortium for $50,000.  He said the LEC agreed and made two additional recommendations.  They recommended the Board consider funding Arma International and Oakridge Upbeat for one year.


MOTION: to approve ORDER 08-11-5-8 with Option One.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


c. PRESENTATION/Working for You Video.




a.  SEQ CHAPTER \h \r 1FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 7-08/In the Matter of Amending Chapter 10 of Lane Code to Revise and Add Provisions for the Interim Urbanizing Combining District (/U) Applicable Within the Florence Urban Growth Boundary (LC 10.122-10, 10.122-13, 10.122-14, 10.122-15, 10.122-30, 10.122-31) (Second Reading and Public Hearing 11/25/08).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 7-08 for November 25, 2008 at 1:30 p.m.




Fleenor said he had several meetings with concerned citizens living within the Florence Urban Growth Boundary. He said out of this came a concept they modified 10-122-31- Land Uses.  He distributed an e-mail and the bold italic was the additional information that would reduce the amount of tension that the citizen with the urban growth boundary is feeling.  He believes it falls within where the city of Florence shall not force annexation.  He said there is some concern that citizens may be forced to annex as a result of the lack of specificity within the definition of an exception.


Dwyer said this information needs to be presented at the hearing.


Sorenson wanted to get the legal views at the time of the hearing.


Richardson indicated that she would do it.


Fleenor indicated that he was told by Land Management staff that Florence may have to amend their comp plan to accommodate this.  He hopes they do not end up in any change of events that will delay this past the December 8 adoption date.


VOTE: 5-0.


 SEQ CHAPTER \h \r 1b.  SEQ CHAPTER \h \r 1ORDER 08-11-5-9/In the Matter of Awarding a Contract to Dekker, Ltd. in Response to RFP No. PW-AS 07/08-03 for Cost Accounting Software and Implementation in the Amount of $530,467 with a County-Wide Extension Option of $50,000 for a Total Not to Exceed $580,467.


Tanya Heaton, Public Works, reported that they have been working on a cost accounting project and replacing their cost accounting software for the past three years.  She said they hired a consultant to analyze their business needs and they recommended they get a hybrid system of cost accounting that activity based. She reported that they received six responses.  She said they elevated three of them and invited People Soft in.  She indicated the $50,000 gives them the option to implement  it countywide.  She indicated it would have to come from some place other than the road fund.  She said the option take places six months from the time they sign the contract.  She hoped to have the contract signed by January 1.  She added they hoped to go live on July 1.


Dwyer said this came through Finance and Audit.


Heaton also indicated that this went through ISIG.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.








Stewart reminded the Board about the Fair Board appointments.


12. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(d) for the purpose of deliberations with labor negotiators.






There being no further business, Commissioner Stewart recessed the Board into Executive Session at 11:50 a.m.


Melissa Zimmer

Recording Secretary