December 9, 2009

9:00 a.m.

Harris Hall Main Floor

APPROVED 7-28-2010


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.




Item 7 c. will become part of the Consent Calendar.  Item 13 c. in not a Public Hearing.  Item 5 b will be a discussion about an earmark for Territorial Highway.




a. PUBLIC HEARING/In the Matter of Adopting the FY 2009-2010 Supplemental Budget 2, and Making, Reducing and Transferring Appropriations.


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








Sorenson recalled at Monday’s joint elected officials meeting they discussed the consolidation of the fire departments for Eugene and Springfield.  He said it looks like Eugene and Springfield are on the way to combining their fire departments to provide for metro wide services.  He said it increases efficiencies and reduces costs.  He indicated it is a series of incremental steps toward a full merger.  He noted that Lane County government is not directly involved in providing fire service but he said the pleasure is to see the work ongoing.




a. ORDER 09-12-9-1/In the Matter of Adopting the FY 2009-2010 Supplemental Budget 2, and Making, Reducing and Transferring Appropriations.


Christine Moody, Acting Budget and Planning Manager, reported that this is the second supplemental budget.  She commented that it is a large one.  She noted the big item in the budget is the bond sale that the Board previously approved.  She noted the bond sale involved the HVAC system at the Sheriff’s Office, Community Health Center, the Public Health Center purchase and remodel.  She added that they also refinanced bonds they sold in 2000 to get a better interest rate.  She noted the bond amount was for $28 million.  She said they are adjusting every fund balance requested from the auditors.  She said they are estimating amounts of cash they carry forward when they prepare the budget and this is the actual amount.  She said there are a few technical adjustments they found after they adopted the budget that the Board had heard about and approved.  She said there are 13 funds that go over the 10 percent change limit and that is why they are having a Public Hearing.  She stated the budget remains balanced.


MOTION: to approve ORDER 09-12-9-1/In the Matter of Adopting the FY 2009-2010 Supplemental Budget 2, and Making, Reducing and Transferring Appropriations.




Stewart was in support of every item in the Supplemental Budget except for adding part-time assistants for the Board of Commissioners.  He asked how this item got placed in the budget.


Moody responded that this was placed in the supplemental budget by a commissioner request. She said she spoke with two commissioners.


Stewart was concerned about this.  He said they heard through the budget process from the public about their concerns of the commissioners’ aides.  He was concerned how it got included in the supplemental budget.  He thought the direction when they met as a Board was to discuss the item ahead of time and to have more than two commissioners support it being added to the supplemental budget. He was not pleased  how the commissioners’ aides got put into the supplemental budget.


Fleenor said he shared the same concerns as Stewart.  He said he will be voting no.   He said the no vote is not about the validity of providing aides to improve outreach and service to citizens, it is about timing. 


VOTE 3-2 (Stewart, Fleenor dissenting).


b. Letter on Territorial Highway


Alex Cuyler, Intergovernmental Relations Manager, recalled that they sent a letter dated April 23, 2009 to Congressman DeFazio after their last United Front trip to Washington, D.C. He said the Board submitted an application for congressional directed spending for Territorial Highway.  He said since that time the federal transportation bill was delayed, being heard in Congress and now it is back on docket. He indicated that DeFazio has taken a renewed interest in the highway and has increased his support for what he is going to request for federal authorization.  Cuyler reported that they have to submit an updated letter to DeFazio’s office.  He said they were requesting $9 million.  He added the amount  is up to $30 million with a match of $6 million.  He reported that they are in the process of doing a jurisdictional transfer for the road by Public Works.  He noted that they don’t have an agreement at this point in time but they will have it soon.  He said they have verbal commitments to receive drafts and as soon as they get the formal document they will forward  it to Washington, D.C.


Stewart said he has been in conversations with ODOT and he said it looked promising.  He thought they should get the match for this from ODOT.  He thought it was a good opportunity for the County, as it is a key transportation route that helps with the tourism industry.  He said it will be a safer road to take.  He said if there is any chance in the future to get this road, this would be the time to get it.  He added that if they don’t get the match they can say no, but he hoped they can make this happen.


MOTION: to move to approve sending a letter.


Stewart MOVED, Fleenor SECONDED.


Dwyer thought there were more important things to do with $30 million.  He wanted to fix West 11th Street from Greenhill Road to Territorial.  He asked where the money would come from in the future.   He thought the letter was a stretch.  He wanted to be more specific.  He wanted to take Richardson Park out of the letter.


Cuyler said  he is working on a study for West 11th with the congregational district.  He said that was the project in Washington, D.C. last year and it has remained on the list to bring back.  He said they are asking $4.4 million to do a study of that corridor and initial environmental work prior to construction.  He said the have at least four or five years of work in front of them.  He added they are working with the city of Veneta.


Stewart said they are trying to get ODOT support.  He said this was an opportunity that came up.  He said he would be happy to remove the portion that says the County’s most popular park, Richardson, to some of the best parks.


Stewart agreed to the amendment.  Fleenor agreed to the second.


Handy agreed that this was an important project.  He thought they should support this and they could always say no later.


VOTE: 5-0.









A. Approval of Minutes:  None.


B. Public Safety


1) ORDER 09-12-9-2/In the Matter of Applying for an Oregon Criminal Justice Commission Grant to Fund a Re-Entry Resource Center and to Delegate Authority to the County Administrator to Sign Grant Documents.


C. Health and Human Services


1) ORDER 09-12-9-6/In the Matter of Medicaid Reimbursement to the State of Oregon. (Rob Rockstroh, Health and Human Services Director)


MOTION: to approve the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. ORDER 09-12-9-3/In the Matter of Appointing Commissioners as the Voting Delegates to  the Association of Oregon and California Counties (AOCC).


MOTION: to approve ORDER 09-12-9-3.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. Announcements


Spartz announced that he was supposed to attend a settlement conference under the Frontier lawsuit. He indicated that the judge had an emergency so they rescheduled the conference for noon.




a. Announcements




b. DISCUSSION and POSSIBLE ACTION/Charter Amendments

1) Charter Review Committee

2) Elected Officials Compensation

3) Statutory Changes

4) Other Language Changes.


Sorenson said they will be putting the Extension Service on the ballot.  He said they have been talking about statutory and language changes for the charter amendments and they can put these on the ballot. 


Richardson said they did research on whether they can combine language changes.  She said the problem is sticking to the limit of words for the ballot title and the summary. She thought it was difficult to clarify what they are doing.  She thought they could combine the amendments if she can make them work with the ballot title.  She said if the Board is interested in all the changes and she is given direction, she can continue to work on this.


Fleenor wanted to work all of them so there are no more than five ballot measures.


Richardson thought there would possibly be two ballot measures.


Sorenson said the commissioners want this and they will hold a public hearing.


Richardson said the charter review would start after they receive information from the Census in 2011.  She said the committee would form in the summer and report back in October.


Sorenson said there is consensus to move forward.  He said they are putting out four ballot measures.


Fleenor recalled it has been since 1962 since the charter has been revised.  He was fearful that as they move forward and they omit one, they may have to take it as a stand alone amendment in the future and it might cost more.


Dwyer said they have to enhance the voters’ ability to understand.  He said they are statutory changes and are not driven by decisions that the Board makes.


Sorenson thought they should do the four measures.  He asked Richardson to get them ready to hold a public hearing.  He wanted to drop off the other topics they were discussing.  Sorenson said they will move ahead on the discussion items for 1, 3, 4, for a public hearing next week.




a. Announcements






a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance 6-09/In the Matter of Amending Chapter 7 of Lane Code to Revise Definitions and Add Sections Relating to Animal Services (LC 7.005-7.100, 7.110, 7.120-7.130, 7.140, 7.151-7.170). (Second Reading and Public Hearing January 6, 2010)


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 6-09 for January 6, 2010 at 1:30 p.m.


Dwyer MOVED, Stewart SECONDED.


Karen Gaffney, Health and Human Services, explained that the code changes were as a result of two citizen task forces.  She noted the first was in 2003 and the second was in 2007.  She indicated that staff went through the task force reports and came up with code changes to more closely reflect the policy of the Board of Commissioners.  She indicated that these have been reviewed by the subcommittee on licensing and codes and the full advisory committee and County Counsel.  She said  the changes are to look at the ability to investigate abuse and neglect cases better.  She said there are series of pet retailers and records they have to keep.  She said there are housekeeping changes like changing from LCARA to LCAS and other changes that reflect current practices with the community.  She added they changed to a full animal service instead of an animal regulatory agency. 


Gaffney said they have had Animal Services in their department for two years and she learned it is an area that is critically important to the public.  She said people care about animals and there is compassion for companion animals.  She said people are interested in Animal Services and their ability to provide protection with their code. She said people want to know they are taking care of business and they are affectively taking care of dangerous animals in the community.


VOTE: 5-0.


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


Melissa Zimmer

Recording Secretary