April 27, 2010

9:00 a.m.

Harris Hall Main Floor

APPROVED 1-19-2011


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




Stewart noted 5.C.4) for tomorrow should be fines instead of fine.




Ann McLucas, Eugene, recalled that last week Fleenor stated they were following procedure regarding Jim Gilletteís lawsuit and it is out of Fleenorís hands.  She commented the whole lawsuit comes from a warning letter that Gillette received from the County.  She said his hearing was delayed and he was charged $1,000 per day.  She noted that the National Guard trained on Gilletteís property because they had no other place to practice.  She stated the pressure of the fines is on weighing on him.


Jim Gillette, Eugene, stated that the last time he came before the Board he issued a challenge.  He said if there are pertinent facts that prove his guilt, he would walk away from this and pay his fines.  He said there were no inspections done.  He said he wants to get this over with.  He wants to settle his case.  He wants to meet about things in his old case.  He stated the only thing he was guilty of was not having $12,000.  He wanted to resolve this internally.




Handy expressed concern for the state of Arizona and the legalized racial profiling taking place.  He commented that the solution is not to turn against each other but to turn toward each other.












Richardson is out of the state until Friday and Kardell and Stephen Vorhes will be attending the meetings for her.




b. REPORT BACK/Performance Auditor Job


Stewart Bolinger, Performance Auditor reported that he had no announcements.  He said he will follow up on control improvements next week.


Bolinger discussed what should be needed for the next Performance Auditor.  (Copy in file).


Stewart hoped the Board will consider during the budget meetings the position, the cost value and if there is a value of reducing liability.  He asked if there was value in contracting with an outside firm.   He was concerned about future administrative costs.  He said they have a criteria job description when they hired Bolinger.  He wanted to see that in the packet but it wasnít included.  Stewart recalled when Bolinger was hired he stated that he would save the County his salary twofold or more.  He recalled Bolinger telling him that it was a struggle to find anything.  He said if the County is well run, they might not need the position at this time.


Fleenor asked Bolinger to report back to the Board with a draft formal posting and job description.




a. RESOLUTION 10-4-27-1/Proclaiming that ďLane County Cares for Our Returning National Guard Service Members, Veterans and Their FamiliesĒ and Calls Upon All Citizens to Make Ours a Welcoming Community.


Sorenson read the resolution into the record.


MOTION:  to approve RESOLUTION 10-4-27-1.


Sorenson MOVED, Dwyer SECONDED.


VOTE:  5-0.




a. DISCUSSION, DIRECTION AND POSSIBLE ACTION/Area Commission on Transportation (ACT) Project Team Progress Report and Request for Modest Extension for Finalizing the Report from the FACT-LC.


Rob Zako, Facilitator, said that the Board wanted to bring people together to have buy in on the ACT.  He said by forming the pre-ACT  and bringing together the players, it would be the bylaws the people themselves would be living under.  He reported the FACT-LC has met four times this year and they reviewed the bylaws.  He said at the end of the April 14 meeting, they reached consensus on what is before the Board.  He added there is a preliminary report from the FACT-LC.  He said they have completed their work within the time frame set.  He said the FACT-LC has asked for an extension to move the final report from April 30 to May 31.  He said they donít intend to meet again, but they would  like to have time to have other jurisdictions review them and include comments from other jurisdictions for the Board.   He reported the city of Lowell met last week and voted 5-0 to support the bylaws.  He added the city of Eugene met last night and they voted 6-0 to support the bylaws.  He indicated that they would like to receive feedback from the Board on the bylaws and what the next steps are. He said they need to take this to the Oregon Transportation Commission.


Handy thought they were close to having something that everyone can agree to.  He said the component that needs work is how the stakeholders will be identified, how they would be nominated and how they would be approved.  He said the labor unions thought it was important for them to have a representative.  He wanted to have up to six members.


Stewart was in favor of the extension to allow each body to take it to their respective boards for a vote and to bring it back.  He didnít want to have a duplication of representatives.  He didnít want four of five members representing a specific area. With regard to the discussion about who has final approval for the members, he said he didnít care if the BCC should have final say but he thought the ACT members should make the recommendation for final approval.  He supported the bylaws the way they are.  He said it allows people to bring projects to the body for prioritization list to move forward.


Dwyer suggested lowering the threshold.  He commented that it is all about power and other people deciding how to spend other peopleís money.


Sorenson thought they should meet the statutory deadline.  He said if they need to have more time to get the proposal ready they should.  He said they need to get as much buy in as possible. 


Fleenor was concerned about counties and cities where there is a recommendation where  there are 13 members or one vote per city.  He didnít know if each city getting one vote was representative government.  He wanted to reexamine how the voting structure is established from the principle of representational government.  He recommended looking at expanding the number of votes the County and cities would have to 17 members and having each member represent 20,000 residents and have those residents apportioned over the cities accordingly.  He said the ten smaller cities would pick up two votes.   He wanted this to be discussed by the committee.


Zako said they are asking for an extension to May 31.  He said  the FACT ĖLC has no current plans to meet again.  He said when the Board takes this up formally, they can do what they want.


Celia Barry, Public Works, reported the contract  the Board has with Zako is coming to an end.  She said if the Board wants to extend the effort, they would have to talk about extending the contract.


Stewart  said they have to figure out what the ACTS are created for and what their job is.  He thought the process had been vetted with the product they had seen.  He thought what was presented was a good proposal.  He didnít believe it needed tweaking.  He wants to give it a chance.


MOTION: to move Option 1, extending the time frame to May 31.


Stewart MOVED, Handy SECONDED.


Handy wanted to authorize the County Administrator to negotiate terms with Zako.


Stewart asked if there was a reason to extend Zakoís contract or if they should wait until May 31.


Zako  stated that he substantially met the requirements for the provisions of the contract that called for four FACT-LC meetings which they have done.  He stated that additional FACT-LC meetings are not in the contract and he would need to renegotiate the contract.


Handy said he will make further comments and direction to bring an idea back to the FACT-LC for their resolution.


Stewart didnít hear from the members that they needed an additional meeting.  He said the intent was to get recommendations back.  He didnít hear clear guidance or comments that they are unanimous to make a change. 


Barry said if Handy is proposing changes they would have to meet with the FACT-LC again and they would need to extend the contract.  She stated that all of these issues have been thoroughly aired at the FACT-LC.


Stewart asked about the six representatives.


Zako stated at this point there was room to make administrative changes to clarify language.  He said Article 4 talks about a diversity of interests and it is understood to mean there would not be duplication.  He said they could put an additional sentence to say that is the intention.  He said what would require further discussion is proportional voting or having the Board taking more of an active role in appointing citizen representatives.


Handy said he is hearing concern about the representational issue in Section 1, that there could be another approach based on population.  He said it would open the process to more discussion.  He heard the concern about the 80 percent threshold.  He said consensus is the goal and the thresholds that donít include the proportional representation that have a high threshold are part of the focus to get to consensus. He thought instead of opening up the representation government issue in number 1 (and the threshold for a super majority) that they leave those intact and the path forward is for the ACT members to recommend up to six citizen appointees and for those to come before the Board for final approval. 


Stewart agreed having the County Administrator adjust the contract to reflect an additional meeting, to have six public sector reps and to bring it back to the Board for final approval in May.


Zako indicated that many of these issues have been discussed and have language  inserted that Handy requested.  He said if they were bringing that question in front of the FACT-LC and the sister jurisdictions, that they would all oppose it.  He said they could ask other jurisdictions what they think.  He added they could get the FACT-LC together.  He said the Board hired him to be a facilitator, which he tried to do and he was hired for his expertise.  He said they have been working with other ACTS, the OTC and ODOT.  He added that other areas of the state are supportive as to what they are doing and they are looking forward to Lane County joining the ACT.  His recommendation is to give this experiment a chance and not to second guess what the FACT-LC has done.  He said the Board could make recommendations with the OTC.  He said if they are not satisfied with the progress, they have leverage to make adjustments as needed.  He recommended not extending his contract, but to work with the contract he has and to get this up and running.


Fleenor reiterated this was to approve the extension and to possibly have one additional meeting to discuss the citizens and specific allocations so they donít have redundant representation..


Stewart indicated in light of the recent comments by Zako, he would take his recommendation and move Option 1 without the amendment.


Handy thought a tweak could be seen as a good faith effort to not open up problems.  He asked if there was benefit today or if it was better to wait a month.


Spartz said it will require an 80 percent vote of the membership to change the bylaws.


Barry said the 80 percent super majority is of members present.  She said they need 2/3 of the people there to take a vote.  She said if no consensus can be reached then a decision will be made by 80 percent of the super majority of the voters present.  She said that was the solution worked out and it was seen as a happy medium.


Handy withdrew his amendment to the motion.


MOTION: to take staff recommendation with Option 1, extending the time frame to May 31, to hear back from the jurisdictions that were a party and report back to the Board.


Stewart MOVED, Dwyer SECONDED.


VOTE: 5-0.


Barry clarified that the Board has not made amendments to the bylaws.




a. DISCUSSION/Repeal of ďDonít Ask, Donít TellĒ Policy. (PULLED)


11. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(h) and (2)(f) for personnel matters.


There being no further business, Commissioner Fleenor recessed the meeting into Executive Session at 11:30 a.m.


Melissa Zimmer

Recording Secretary