August 19, 2009

9:00 a.m.

Harris Hall Main Floor

APPROVED 10/28/2009


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




Fleenor wanted to add 5 b. Public Service Building Security and 5 c.  Additional Resident Deputies.  Sorenson wanted to add the discussion of  the upcoming ODOT Region 2 Fall Meeting under item 11 b.




John Dotson, Eugene, said he requested work be done on the Hodson Lane issue.  His request was to verify that it was a County road.  He stated staff did an excellent job of providing the information.


Jim Seaberry, Eugene, said he received a request regarding Hodson Lane.  He said at the outset they came to the County with the problem and they mutually addressed the problem except for not informing the Larsons as to a consensus of opinion.  He asked the Board to send something in writing and to expedite it as there are other options.




Dwyer commented that it is imperative the Board write what the conclusions are so the  Larsons can move on with other options.  With regard to health care, he said he was disappointed.  He stated the General Welfare Clause in the Constitution was important to promote general welfare.  He didnít regard it as socialism.  He said he is a single payer advocate.  He thought there needed to be a public option.  He said they are getting pushback because so much money is involved.  He thought they needed to focus on everyone in America who is sick gets medical care that is needed.  He said the public option needs to be included in the Presidentís bill.


Fleenor concurred with Dwyer that a letter needs to be sent to the affected parties.  He asked the Board to give direction to Spartz to work with Land Management to draft a letter and send it to the stakeholders.


Sorenson thought the Public Works Director should write the letter as it might involve roads.  He agreed on the matter of the national health debate.  He said they should pursue the single payer and if there isnít the will to do that, they should pursue the public option.  He talked about the sign up for County College.  He indicated that he had a conversation last Friday with Senator Wydenís staff Scott Miller, who was on the Senate floor when they passed the legislation that extended Secure Rural Schools funding.  He said Miller didnít believe they would receive any SRS extension and if they did receive one, it would be lower than the previous amounts received.  He stated that they need a strategy of how to deal with the drop in the funds.  He circulated a letter to the Board considering sending the letter to their congressional representatives.


Handy concurred regarding single payer health care.  He thought Marc Kardell, Assistant County Counsel was supposed to report to the Board regarding issues for dealing with private roads in the River Road and Santa Clara area.


Stewart reported that yesterday Arne Roblan noted an effort taken by his cousin Steven Stewart in reference to Waldo Lake.  Stewart stated that it was not a family effort, it was something Steven Stewart had done by himself.








a. ORDER 09-8-19-1/In the Matter of Accepting a U.S. Department of Justice, Office of Community Oriented Policing Services. (COPS) Grant in the Amount of $763,782, Delegating Authority to Sign Grant Award Documents to County Administrator, Appropriating $241,401 in Revenue and Expenditures in Fund 263 of the Sheriff's Office for FY10 and Adding 3.0 FTE Deputies to Police Services.


Sorenson asked what amount the County had to come up with to match hiring the three deputies for the period of time for the grant.


Dave Garnick, Budget and Finance Manager, responded that it is about $130,000 per year.  He said they have to come up with any of the costs over and above the salary of the deputy plus any equipment.  He said they are budgeting a certain amount each year for the first three years and by the time they get to the fourth year, they will have three quarters of the amount they need for the fourth year of funding which they need to fully pay.


Stewart explained the total cost to Lane County is to be $526,320 for the four year period.  He noted that over the next four years Garnick has allocated $131,580 to come up with the total cost for the County.  He recalled that they approved this in the budget.


Garnick indicated when the budget was approved, it was for five deputies and the match was assumed that the deputies coming in would be at an entry level.  He added that due to all of the deputies that have been laid off the Sheriff will be hiring people who are certified and have years of experience, so the cost will be greater.  He said they will need some of the additional match requirement to make up the difference.


MOTION: to approve ORDER 09-8-19-1.


Fleenor MOVED, Stewart SECONDED.


Stewart asked to amend the motion to add an additional 2 FTE to make it 5 FTE to the program.


Fleenor agreed.


Sorenson didnít think this was the time to amend the budget.  He said they should accept the money the federal government is awarding, but not to change the budget and add additional dollars beyond what was in the budget.


Dwyer thought what they amended in the motion could be fatal to the grant.


Stewart removed his amendment.


Fleenor recalled the Budget Committee approved five resident deputies, whether or not they were going to get the COPS grant.  He thought it would be appropriate for them to carry out the intentions of the Budget Committee and what they intended to do.  He said the primary purpose is to increase efficiency.  He commented that two additional deputies is a small amount to fund and to be true to the Budget Committee request.


Dwyer said he wouldnít support the motion.  He wanted to deal with the COPS grant first.


Fleenor accepted the withdrawal of the motion with the hope that the Board will consider the next item.


VOTE: 5-0.


b. Public Service Building Security


Sorenson indicated there was a memo distributed from Dave Garnick to Tom Turner and Fleenor to approve $60,000 in revenue fund 263 to fund courthouse security contract services.


Garnick reported that there was a concern about the lack of adequate security to provide backup or with the Senior Volunteers.  He said there was discussion about how to pay for a retired police officer to help provide additional security.  He said the state court through the courthouse security funding pays Olympic Security to do the screening.  He indicated they were willing to back down on the screening in order to free up $60,000 and it could pay for some retired police officers to come in and provide a police presence.  He noted the total cost will be around $120,000.  He said what the Sheriff is proposing is taking money out of the stabilization reserve.  He indicated that it would be the County matching $60,000 with the Courtís $60,000 to provide sufficient funding to hire two uniformed retired police officers. He said it will be through a contract and the state would take care of the scheduling and contracting.  He added there will be one uniformed officer out front at all time and the other will move around.


Dwyer thought the concept for court security was a  good one.  He worried that next year the courts will withdraw their $60,000 and the County will be expected to pay for it.  He indicated that they were assuming a duty they donít currently have.


Tom Turner, Sheriffís Office, explained that this has been in the works for about a year. He said Circuit Court administration has the responsibility to protect the courthouse.  He commented that the difficulty they have run into is the Public Service Building has the other departments and there are variations of angry people who come through the same area in the facility.  He noted since they have had reduction with some of their services, their court transport deputies are having a hard time responding to the needs that emerge throughout the day.  He indicated that if they have a threat in the hallway, the security company they hire is not a benefit in dealing with an emergency.  He added that they have had a number of calls to different departments in the Public Service Building.  He stated that this is an effort to come up with a collaborative agreement between Lane County Circuit Court and retired officers and deputies who are state certified that could be armed in a uniformed capacity.  He added that the union would agree with this because it is augmenting what they already have.


Richardson said if the Board chooses to do this, she could work with the Sheriffís Office, ensuring the language that is crafted doesnít change where the courthouse is.  She added that there is case law that wouldnít allow signage to get into the Public Safety Building.


Fleenor reiterated that they have a group of citizen volunteers who watch the front desk downstairs.  He was concerned about the citizens, staff and volunteers. He thought they could have a package that will work for everyoneís interest.  He added that language could be included in the board order that would state there is no additional signage that would be put up prohibiting the carrying of weapons in the Public Service Building.  He believed the citizen volunteers deserve a certain level of protection.  He wanted to move forward with this.


MOTION: to approve the expenditures with the caveat that the board order be changed to reflect Dwyerís concerns so they do not have an encroachment of the courts into the Public Service Building and this will come from the supplemental budget that will be coming in September.


Fleenor MOVED, Dwyer SECONDED.


Handy indicted that the volunteers and staff have been working on a comprehensive package they could be doing to improve not only security but for access to the public.  He commented that this is an important piece but it is not the only piece.  He was not prepared to support this today.  He said they are a general purpose government and they have lots of goals.  He believed there was a built in assumption that if they take this on now, when other matching funding goes away, it will it incorporated into their budget.  He wanted to slow down and look at it in a more comprehensive way.


Stewart asked that this be set aside until the next meeting and it will still meet the requirements of the timeliness for the September supplemental.  He wanted something official from the courts.  He sits on the Court Security Committee and it had been a topic they have discussed.  He said he would feel more comfortable seeing something formal from Judge Beardon that it is in the budget.


Fleenor withdrew his motion. Dwyer withdrew his second.  He asked that this item get rescheduled to a date certain.


Sorenson wanted to look at this for more than one year.  He also wanted to know what other options they have besides taking the money out of reserves.


Fleenor asked for the consideration of the two residents to be brought back at the same time to consider as part of the supplemental.





a. DISCUSSION/Lane County Area Commission on Transportation (ACT).


Senator Floyd Prosanzki, reported that SB944 was what was put forward by the County.  He stated that their goal has been openness, allowing for more equity and deliberations as to the projects that are to be considered within Lane County and the model of the ACT was the best way to do it.  He reported that other areas in his districts have felt over the years that they have not had the opportunity to have the input they want.  He commented that more is better in allowing for the open discussion to occur.  He believed the way the bill was finally passed with input from the County will give the County flexibility in putting together the ACT.


Representative Paul Holvey recalled that he had introduced a similar bill in previous sessions and it was met with opposition from the commissioners.  He hoped the process would bring value to the entire county.  He said he looked at the entire structure and the state policies on public participation and trying to move Lane County into a better position with the Oregon Transportation Commission.   He thought having the input was vital in moving forward into better relationships at the state level and at the local level.  He thought it was important to position the County as best as possible for funding of projects.  He said the projects are of great interest on the statewide regional look on transportation issues.  He added that it was critical for some of the smaller cities who deal with their own transportation plans.  He stated that it is important that everyone has a place at the table.


Handy thought the big issue was funding for staffing an ACT.


Stewart commented that he is the lone voice of support for this.  He hopes they create a better transportation planning process and better position to advocate for projects at the state level.  He said it shifts the process from Lane County to ODOT.  He indicated that it frees up Lane County staff to become advocates for Lane County projects where currently Celia Barry, Public Works, doesnít think she has the ability to be an advocate. He hopes the small cities have a place at the table and will be able to be advocates for the projects and needs.  He believes when people are at the table and they know the projects, they become better advocates in going in front of the regional ACT meetings to advocate for the projects.  He hoped the formation of an ACT will have better representation for multi-modal transportation.  He also hoped that they take the time to explore what works in other ACTS.


Dwyer said the way Lane County does things is not broken.  He commented that only so much money can go around.


Robert Willoughby, City of Florence, said there is the need for Florence to have better representation of small cities and Lane County Transportation Planning.  He said it is difficult for them if they are not at the table to know what the opportunities are. He said they are not getting effective notice of when the meetings take place and of the opportunities. He thought they missed opportunities to have projects funded that could be improved if they had representation on an ACT or they are at the table when all of the timeframes are laid out.  He thought this was a step in the right direction.  He appreciated the formation of an ACT.


Sorenson asked if the County could get funding to implement this.  He said the law requires this but without any money.


Holvey believed the ACTS have direction to provide staffing from ODOT in the formation of an ACT.  He noted that ODOT will provide resources. He added that he doesnít know how much it will be but he will advocate that they have what they need with the resources.


Prozanski noted that SB944(3)(1) the Department of Transportation acting with one or more representatives selected by the director of the Board shall provide staff support in the governing body of Lane County in developing and submitting an ACT.  He thought once this was in place, they will receive similar treatment as other acts around the state.


Handy thought before the ACT was in place that they need the funding. commitment.


Prozanski noted that line 22 states that funding will be provided.


Sonny Chickering, ODOT, stated that his interpretation of the formation of the ACT is they would provide staff support and not dollars..  He said it is clear that ODOT provides financial support after the ACT is formed.  He added that he didnít interpret it as dollars for formation of the ACT.


Handy thought they needed education, staff work and hiring a consultant for this up front.  He commented that they have to make sure they understand the purpose of the ACT.  He added it is about integrating land use and transportation in ways that havenít been common in Lane County.


Stewart supported the process to come up with the best ACT they possibly can to represent the community.


Dwyer thought this was an opportunity to integrate land use and transportation in ways that hasnít been done before.  He said he wants to make this work but he resents the legislature appointing people that created the structure that requires them to issue a charter.  He thought it was a matter of principle.


Dwyer asked Holvey and Prozanski if they would support having the Oregon Commission on Transportation elected by the congressional district.


Holvey didnít believe he would support it.  He commented that the transportation member is appointed by an elected official and they appoint people with expertise to deal with those issues. He added that the legislature also represents these districts and the bill is to try to work together, not something that is adversarial He said they want to position Lane County with the Oregon Transportation Commission so they could provide assurances that the projects that come forward from Lane County are well vetted with the stakeholders with the greatest possibility of getting funding.


Fleenor agreed with Dwyer about the principles behind this.  He wanted to make sure it is properly funded in the beginning.  He thought that Rob Zako could be the facilitator.  He wanted to make sure ODOT provides the funding.  He didnít believe that ODOT had the capacity to remain neutral and that is why they need a third party independent facilitator helping the stakeholders work together for a work product that moves them forward.


Handy said it was important to fund this properly. He asked Holvey and Prozanski whether they could write a letter to ODOT and to OTC for the County to ask for specific funding for the period between now and the formation of the ACT.


Holvey said the OTC has to be involved.  He said instead of exempting their participation and facilitating what has to happen to comply, the Board has latitude on how it is formed and the goals.  He added there are basic guidelines that need to be adhered to.  He said they need OTCís participation.


Prozanski said what he is hearing from the commissioners is drawing lines, splitting between the requirements of SB 944.  He stated the bill requires ODOT to provide staff support and he expects that they will provide the staff support and they could do the things that Handy has requested.  He said they are not looking to build something completely new, he wanted to see what already existed.  He thought they could start with the MPO.  He added that he expects interest groups and stakeholders to be part of the organization.  He noted that ACTS have voting and non-voting members. With regard to the OTC, he noted that the Board is dealing with them currently in their capacity and nothing in the ACT will make any changes.  He reported that he is talking to ACTís across the state and people have said it brought communities together and they have made decisions on a holistic approach.  He commented that he is hearing from the Board that an ACT is anything but that.


Dwyer said he was committed to make this work and he wanted everyone to feel that they are being included.  He hoped in the future they will continue to collaborate and have better and closer communications.


Fleenor was concerned about local jurisdictional authority.  He said they have local stakeholders that will be instrumental in the success or failure of this.  He said he was committed doing the process from the grassroots up.  He thought they needed to have a facilitator in the middle to make sure all voices are heard and to pull the issues together. 


Prozanski stated SB 944 was a bill he urged Holvey to move forward.  Prozanski recalled in 2007 they introduced a bill and pulled it because this Board asked them not to do it.  He added in two years time no one came to him or Holvey to try to facilitate.  He indicated that this is the starting point.  He added with SB 944 they have given flexibility and latitude to allow this Board to go forward without top down influence.  He said the reality is they hope to work together and they will have a good ACT and one they could show to all of the state that will be effective.  He said they have the faith in the Board that they will do what needs to be done for the county on a countywide basis and they will work with them.  He commented that it seems there are preconceived notions that certain groups will not be able to facilitate.  He added unless they have documentation to show that ODOT has done something wrong with another ACT or the formation of another ACT that has shown a power play, he asked the Board to stand back and move forward to get the job done.


Sorenson asked Barry to report back on a process for the ACT.


Barry explained that she has contacted Byron Vanderpool at LCOG to see about setting up a regional management meeting so they could get ODOT and Lane County staff feedback from the city administrators to better inform their next step decision.


Dwyer didnít want LCOG doing this. He wanted something different.


Spartz indicated that he would put this item on the agenda for their meeting.


MOTION: to have the Board approve Celia Barry come back as soon as possible with a set of options for the Board to consider and approve around their next steps for direction on forming an ACT.  He wanted staff and ODOT to craft those options.




Barry asked if they wanted her to come back with a set of options by all stakeholders.


Sorenson asked Barry to write a range of options and to come back as soon as she can.


VOTE: 5-0.



b. ORDER 09-8-18-1 Awarding a Contract for Phase 3 of the Performance Contracting Program to McKinstry Essention, Inc., as the Energy Services Company. (ESCO) for the Design and Construction of Energy Saving Projects at the Lane County Adult Corrections Facility to Include the Steam Conversion Project.


MOTION: to approve ORDER 09-8-18-1.


Fleenor MOVED, Stewart SECONDED.


VOTE: 3-0 (Dwyer and Handy out of room).





a. Announcements


In response to Handyís question about bike parking for the Public Service Building, Spartz reported there are five new bike racks located outside of Harris Hall.


b. DISCUSSION/Smith Dawson Contract. Renewal.


Spartz explained that for many years Smith Dawson has been the federal lobbying representative in Washington D.C. for the United Front.  He indicated they all have individual contracts with Smith Dawson, but everyone in the United Front uses them.  He said it helps coordinate their efforts in Washington.  He indicated that it is clear from comments made by their congressional delegation that they prefer the approach of the United Front.  He recommended the Board approve a contract for one more year with Smith Dawson.


Alex Cuyler, Intergovernmental Relations Manager, reported there have been discussions with their partners to look at the renewal of Secure Rural Schools.


Spartz asked the Board to let him authorize the signing of a one year extension.


MOTION: for Jeff Spartz to sign the authorization of a one year extension for the Smith Dawson contract.


Stewart MOVED, Fleenor SECONDED.


Sorenson said they should think about whether they want to do an RFP so that every year they donít automatically do this.


VOTE: 5-0.


c.  DISCUSSION/United Front Request.


Spartz indicated that he was approached by the city managers for Junction City, Veneta and Florence.  He said they expressed an interest in joining the United Front.  He noted that they all have substantial infrastructure projects that they would like to get federal help with.  He and Cuyler took the issue to the SEL Group and discussed inviting the three cities interested as members with a medium to long term commitment in the membership.  He added the other option is to have the County take on the job of representing the three cities, working their projects in with Lane  Countyís and getting them on the priority list.  He noted the SEL Group is looking for direction from the Board.  He said if they are members of the United Front formally, they would be expected to sign contracts with Smith Dawson. 


David Clyne, City Manager, Junction City, reported that several of the cities have been meeting together. He said they discussed how they went about getting the most influence with some of the large projects.  He said they watched how United Front worked and believed it has been successful.  He discussed the idea of a mini alliance or a mini front so they could have their own priority setting.


Willoughby said if Veneta, Junction City and Florence are interested in seeking lobbying help for their efforts to obtain funding, they could do it on their own in competition with United Front or they could do it as part of the United Front group.  He thought their first approach should be with United Front so they are all working together.


Sorenson commented that the more united they are, the more successful United Front is in having Lane County, Eugene or Springfield backing the efforts.


With regard to United Front, Stewart said they are being told by United Front that they are sending too many people and the trip is too big.  He noted there are logistic problems.  He asked staff to propose other options.  He thought there could be a rural United Front and urban United Front.  He recalled the United Front effort was reluctant in adding Cottage Grove because they thought the United Front was more focused on the urban area.  He asked if it would be more beneficial to come up with two different organizations that work as one but go at different times so there isnít an issue with staffing.  He thought Spartz could come up with a structure and recommendation, possibly having another firm representing this other group.


Dwyer said they could work collectively on whatever it is that gives the biggest bang for the buck and has the greatest chance of success.  He recommended developing a rotation so they eventually are all winners.  He thought Cuyler should put ideas together and come back to the Board.


Fleenor supported what they are looking at.  He thought the West Lane City Alliance working with Cuyler could put together some proposals on how they might be able to find a balance.  He recommended giving Cuyler time to meet with the West Lane Alliance and other small cities to develop a formula or process where they could all move forward collectively but at the same time have their individual issues addressed proportionately.


Sorenson said they were looking forward to the meeting in Junction City and they can continue the discussion.



d. REPORT AND DISCUSSION/County College for Fall 2009.


Christine Moody, Senior Management Analyst, reported that County College is based on a citizen academy model that had become popular over the past 20 years.  She indicated that more jurisdictions across the country have been looking at this same model for county and city services, to show the citizens what it is they do.  She commented that due to polls that have been conducted, citizens are not aware of a lot of the services that Lane County provides.  She indicated they want to do this in a way that is interactive.  She recalled in 2008 one of the Boardís goals was to reach out to citizens to build public trust.  She noted that the course starts on September 17 with applications being accepted until September 4.  She indicated that it lasts ten weeks, finishing the week before Thanksgiving.  She reported that it is free. She said their goal is to get 20 students but no more than 30.  She asked if the Board wanted to come to the meeting as a welcome.  She said they are trying to do this as inexpensive as possible.  She said they are using exempt staff to give the presentations.  She said the cost is for advertising and minimal printing and for snacks.  She reported that due to the public safety tours, the students will need to get a background check.  She indicated the amount she needed was about $2,700.


Dwyer recommended taking it out of the Boardís contingency.


MOTION: to take the money for County College out of the Boardís contingency.


Dwyer MOVED, Stewart SECONDED.


Handy wanted to take the money out of the community outreach funds.


Moody indicated she would have to come back with a board order.


Sorenson asked Moody to report back to the Board with some options.


The motion was withdrawn.


There being no further business, Commissioner Sorenson recessed the meeting at 12:05 p.m.




Melissa Zimmer

Recording Secretary