BOARD OF COMMISSIONERS'
REGULAR MEETING

August 18, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 9-15-2010

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

1. ADJUSTMENTS TO THE AGENDA

Under Emergency Business there will be a letter to the Assistant Secretary for Aviation and International Affairs approving a grant. Sorenson wanted to talk about the meeting on Friday with the Secretary of Agriculture under 8 B.

2. PUBLIC COMMENTS

Floyd Bard, Eugene, said he owns the property directly north of Cascade Health Solutions’ site for a proposed medical facility to be used as a hospice care facility. He said they are not against the hospice, just the development of a hospice in a rural residence five acre zoned area. He said it was the right idea in the wrong place. He recalled that Cascade Health Solutions had approval for a 6,000 square foot six bed hospice that was approved in April 2008. He said at that time the neighbors were not organized but some people did attend and presented their concerns. He said both permits were approved and on February 18, 2010 Cascade Health Solutions’ three new permits for a 15,000 square foot 12 bed hospice went to a Lane County hearing with Gary Darnielle presiding. He indicated the Friends of River Loop One opposed the land use permits and spent over $17,000 to date for professional consultation and representation. He said all three permits were denied by Mr. Darnielle stating that Lane County Code and the State of Oregon Goal 14 did not support the urban development in a rural residence of five acres. He thought that Cascade Health used a bait and switch tactic with the request of a larger hospice after they had received approval for the smaller hospital. He indicated the Santa Clara Neighborhood group sent a letter to Cascade Health dated August 1, 2010, proposing property be set aside for exactly what Cascade Health Solutions wants to do, a commercial development in a commercially zoned area. He noted the site proposed by Cascade Health is not only a rural residential five acres zoned area, but it is also in the 100 year floodplain in the Willamette River. Friends of River Loop One wanted the Board to be aware of the proposed development of a commercial facility.

Diane Page, Eugene, said she is a representative of a Santa Clara group of more than 30 households called Friends of River Loop One. She said they have joined together to oppose a 24 hour, seven days per week commercial urban use medical hospice facility in their rural neighborhood zoned RR5. She indicated that there are two land use cases involving the construction working their way through the land use system and their neighborhood group wanted to make sure the Board is aware of them. She said one case involves a conditional use permit given to Cascade Health Solutions to build a 6,000 square foot hospice facility on a 6.8 acre plot on River Loop One zoned RR5. She indicated her neighborhood group is appealing a recent decision by a Lane County hearings official to allow a time extension for a permit issued in 2008. She stated in their appeal they have chosen Option 2 on the form, requesting the Board of Commissioners not hear the case so it could be moved forward. She said the Board will take this matter in mid-September and she hoped the Board will give it consideration. She said the second case involved Cascade Health Services to build a 15,000 square foot hospice facility on the same River Loop One site instead of the original 6,000 square foot plan. She said on February 10, 2010 there was a hearing regarding conditional use, greenway and parking variance permits for the larger facility and all three permits were denied by the hearings officer who found the construction was an urban use that violated Goal 14. She said following the decision, Cascade Health Services filed a Writ of Mandamus against Lane County in Circuit Court alleging the County’s hearing official’s decision was delivered after the 150 day allowable time frame and requesting the Circuit Court Judge decide the case. She noted the matter is set for trial next January and the County Attorney’s office will represent the County. She asked the Board to ask Legal Counsel to vigorously defend the 18 page decision that concluded a hospice facility would increase traffic and is an urban use that conflicts with Goal 14. She said they are not opposed to hospice service and care; they are opposed to construction of a 24 hour per day, 7 day per week medical facility in their country neighborhood. She said the facility is an urban use that will primarily not be used by rural residents in the area, is contrary to Goal 14 and properly belongs in the UGB. She said if allowed to be constructed, not only will it change the rural character of their neighborhood, but set an undesirable precedent for future commercial development in the neighborhood and surrounding areas.

Jim McKee, Oakridge, said on May 6, 2010 he was threatened by a County employee.   He said the fact that he threatened to use his position as a County employee is what concerned him.   He used the phrase “we at the County” several times with his threat. He didn’t know who the person was. He opened an investigation with the Oakridge Police Department to find out the name of the employee and was successful. He found out the employee worked at Lane County Waste Management as a truck driver. He filed a complaint with Human Resources and was assured it would be looked into and he would be provided with a written and verbal apology. He stated that four days later Mr. Bishop at Lane County Waste Management contacted him and reiterated what Human Resources said. He said two weeks went by and nothing happened. He called and was transferred to Patti Hansen. He said she was arrogant. He said he was felt to be an annoyance instead of a County resident with a serious complaint.  He said since this was a union employee Hanson told him she couldn’t divulge what was done. He wanted a verbal apology. He thought the employee needed to be disciplined. He said after this conversation he sent a certified letter to Madilyn Zike, Human Resources and the response was they heard nothing about the complaint and would get back with him. He said she did not get back to him. He said he has yet to receive an apology written or verbal. He stated that he has no other choice but to use every media source available to spread the word. He wanted the County residents to draw their own conclusions. He said he called Commissioner Stewart and Stewart did not get back to him.

Ron McMullin, Eugene, read his letter into the record. (Copy in file). He had concerns about health care.

Robert Emmons, Fall Creek, indicated that he is President of Land Watch Lane County and a member of the Land Use Task Force. He said the Land Use Task Force was formed to consider several proposals to protect farm and forestland, natural areas and to address energy concerns and global warming. He asked the Board to consider a PAPA notice on an issue the committee and subcomittee discussed on home occupations. He indicated that they were close to getting to consensus. He noted they were in general agreement to the substance of the changes and it will be helpful for the neighbors in Lane County. He said what they didn’t resolve was the square footage. He indicated they had the range between 1200 or 1800 square feet as a starting square footage up to a range of 3,000 square feet. He said the other issue not resolved was the amount of round trips per day. He said they were all in agreement that they could live with five trips per day.

3. COMMISSIONERS' RESPONSE TO PUBLIC COMMENTS AND/OR OTHER ISSUES AND REMONSTRANCE

Sorenson wanted to get a letter from Mr. McKee on the matters he raised. He said with the land use matter, he will read the record when it comes before the Board. He believed it is important the Board schedule information about health care and get the people from San Francisco on the phone so the public can hear with they have to say about their program and the agenda team is working on that. He thought the Board should move forward the task force items where there is progress and bring in the remaining issues to the Board. He was in favor of the agenda team setting up a work session on what the task force members agree to and they could process it as a third PAPA.

Stewart responded to Mr. McKee. Stewart took the conversation he had with McKee seriously. He immediately went to Legal Counsel after the call and then he was gone on vacation last week. He said by the time he received McKee’s phone message, Legal Counsel was gone and he couldn’t respond until today. He was assured they would look into this and a letter of apology would be issued. He thought he did what he could within reason. He was sorry he wasn’t responsive enough. He commented that is one of the reasons his colleagues have assistants and he chose not to spend money that way. He stated that he tries to do things the best he can.

Richardson responded that she spoke with Madilyn Zike and they had to find out what had been done prior to her and Zike being brought into this. She said an investigation was done by Howard Schussler, Public Works, and it turned out it was a he said, he said and there was no more evidence on either side to prove whether or not the specific statements that were said to have occurred actually occurred. She noted it was off work and not in a work situation. She added they have limited ability to discipline anyone. She said the investigation was concluded and she couldn’t go into what investigation had occurred. She said it was determined that they couldn’t make him write a letter of apology given the situation. She noted that Annette Scarle, Human Resources, had spoken with McKee and told him she was sorry he had a bad interaction with one of Lane County’s employees. She added that Patti Hanson has also informed Human Resources that she had apologized for the bad interaction that he had. She ensured that a letter will come from Public Works, not from an employee. She said they confirmed there were two verbal apologizes, but not from that employee.

Stewart said he couldn’t get the information in time to call McKee back. He said he would be willing to help out further in the future.

McKee said he didn’t receive an apology from Patti Hansen. He apologized to Stewart as he didn’t know Stewart was on vacation.

Handy said the commissioners will be at the Lane County Fair on Thursday cutting pie for the seniors. He said he has questions about the issues of the Tiger grant. He asked if they could have a work session on the hospice matter.

Assistant County Counsel Stephen Vorhes reported one application was for a six bed facility on River Loop One and one is for a 12 bed facility. He recalled there was an extension of the six bed facility by the planning director that was appealed to the hearing’s official and the hearing’s official decided that the decision to extend was not appealable and dismissed it. He noted for the 12 bed facility, the hearing’s official denied the application based on appeal by the planning director decision. He said the applicant sought relief from the Circuit Court under the Mandamus Provisions of ORS 215 and the case is now in Circuit Court. He indicated that they filed an answer to the Writ of Mandamus. He said they thought it was not ripe for the Circuit Court to order County approval of the application. He said the case is set for trial in January.

Sorenson asked about the status on Healthy San Francisco.

Spartz responded that Rob Rockstroh, Health and Human Services, has been making attempts to contact people in San Francisco.

Fleenor wanted a third PAPA sequence that would incorporate some of the issues that were not incorporated into the second PAPA. He indicated the home occupation will trigger a Ballot Measure 56 process and cost the County $10,000 in mailing notification.

Vorhes said they will be providing notice but only for the F2 areas. He added the home occupation change proposed is countywide. He said there seems to be additional limitations on those uses and it precludes some uses that could be allowed currently under the zoning that is in effect in various parts of the County. He said the range of the notice and property owners involved could increase significantly if they add the home occupation as a list of a PAPA.

Fleenor said he will be in Junction City tomorrow and he won’t be able to serve ice cream.

4. EMERGENCY BUSINESS

Letter from Kathleen Stevens.

Fleenor read the letter into the record.

Sorenson made changes to the letter.

MOTION: to send the letter.

Sorenson MOVED, Dwyer SECONDED.

VOTE: 5-0.

5. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR * * * *

A. Approval of Minutes

B. County Administration

1) ORDER 10-8-18-1/In the Matter of Delegating Authority to the County Administrator to Sign Nine Routine Contracts and Amendments.

2) ORDER 10-8-18-2/In the Matter of Approving a Letter in Support of a Tiger 2 Application for the Port of Coos Bay Rail Link.

C. Human Resources

1) ORDER 10-8-18-3/In the Matter of Amending the Beecher Carlson Insurance Agency LLC Contract for an Additional Three Years with a Total Cost of $70,472.00.

D. Management Services

1) ORDER 10-8-18-4/In the Matter of Award of LCP 2010-06 for Construction Contractor Services for $585,400 to McKenzie Commercial Contractors.

2) ORDER 10-8-18-5/In the Matter of Approving an Intergovernmental Agreement with the State of Oregon for Improvements to be made to the Lane County Courthouse.

E. Public Works

1) ORDER 10-8-18-6/In the Matter of Awarding a Three-Year Requirements Contract to “Tyree Oil, Inc” for the Purchase of Bulk Fuel and Fuel Delivery Services as Specified, Contract RFP 10/11 FS-03.

F. Youth Services

1) ORDER 10-8-18-7/In the Matter of Appropriating 1.5 FTE Temporary Positions to the Youth Services MLK Education Center, Fund 260.

END OF CONSENT CALENDAR * * * *

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Handy SECONDED.

VOTE: 5-0.

6. COMMISSIONERS’ BUSINESS

a. ORDER 10-8-18-9/In the Matter of Supporting SB 1059 and HB 2001 for Greenhouse Gas Emissions Reduction.

Handy added a paragraph. He wanted to give a more rounded context for the intent of the resolution.

MOTION: to approve ORDER 10-8-18-9.

Handy MOVED, Sorenson SECONDED.

Stewart asked if they could amend the motion in the fifth “it is hereby resolved.” He wanted to state that as state and federal funding is available they will provide the technical staff necessary.

Handy didn’t accept the friendly amendment.

Stewart was concerned about Public Works’ ability if it is mandated. He said there are reports from LRAPA that they as a community have done a good job in reducing emissions in the area. He said they are below the ten percent in reductions of the 1990 levels and doing a good job in reducing emissions. He was concerned Lane County will have to come up with the funding for this.

Sorenson said because the Greenhouse Gas Task Force was focused on transportation, he didn’t want to focus on transportation, but an overall understanding of what some of the opportunities the government and public have to address this problem.

Stewart reported the building code revisions would include reductions in greenhouse gas emissions from their residences. He is interested in what types of codes they can consider in their building department that would help reduce the impact. He indicated the Home Builders have green or LEED type building codes for residential homes where they wouldn’t have to reinvent the wheel. He said the state is working on this and there is interest but there is the matter of staffing.

Fleenor asked if they changed it to “as state and federal funding is available, matching funds excluded” if Stewart would agree to that.

Stewart said that would help him get to yes.

Fleenor read the changes into the record.

Handy said the change would address his concerns. Sorenson accepted the SECOND.

VOTE 5-0.

7. COUNTY COUNSEL

a. Announcements

None.

Stewart said he supported the decision that was made at the MPC last week. He recalled that this Board gave direction on how the voting was to take place. He didn’t support the direction being requested by the Board to the RTP. He said the decision that was made was different than the direction given. He asked for clarification when the Board gives direction if they are bound to it or if they have discretion to get to a compromise.

Richardson said if the Board gives direction to someone who is representative of the Board to represent the Board’s interest at a meeting, if the Board gives direction the person should vote in the way the Board had given direction. She said if that doesn’t happen, the only people who can address the result is the Board themselves. She said it doesn’t negate any decisions that were made at a meeting because the commissioner was a valid member during the vote. She added the ramifications come back to the Board. She indicated there is no legal mechanism to compel them to do it.

Sorenson recalled on the substance of the MPO decision, the compromise reached to fund the safety and modernization project in Coburg was limited. He said the MPO is a federally authorized decision making board and not advisory and makes decisions about how transportation dollars are allocated. He noted there was a specific congressional earmark, meaning Congress had agreed to provide funding for this specific project. He said there was interest in having the project go forward. He noted the Board of Commissioners held numerous work sessions to narrow the project. He and Handy reflected the Board’s interest in providing the project but to limit the project. He thought it was a good decision.

8. COUNTY ADMINISTRATION

a. Announcements

Stewart indicated that he had heard from different sources that direction in the Human Resources Department had been given to have a job description created for an Assistant County Administrator job. He wanted to know if that was direction from staff how it took place.

Spartz stated there was no direction from him, that it is an urban myth.

Stewart was concerned because he heard it had taken place. He understood that was a Board hired position and he hasn’t been present in discussions about this.

Spartz said according to Lane Manual, the Board does hire that position.

Sorenson was not aware of any discussion or a proposal for a discussion on this topic. He recalled the last decision the Board made was to not have the position. He thought it was prudent to maintain that position. He didn’t think this was the right time to do it.

Dwyer stated that no single commissioner can order any employee to do anything. He said an employee should not take orders from commissioners. He said they don’t manage, they are policy makers. He said when they meddle in the operation and give directives, they are affecting employee morale and they are putting themselves in jeopardy.

b. Discussion on Meeting with Secretary of Agriculture

Sorenson reported there have been some e-mails from the Association of Oregon Counties to the Board of Commissioners. He said the Secretary of Agriculture will be coming to Oregon on Friday. He said AOC has invited commissioners to attend. He indicated that he and Stewart are involved with the issues and they view this as an opportunity to meet with the Secretary and press upon him the importance of having the Obama Administration include the forest payments in their proposed budget to Congress next January and big decisions will be made about the budget request.

Richardson recommended just two commissioners attend the meeting.

Sorenson and Stewart will be the two commissioners attending the meeting.

9. PUBLIC WORKS

a. ORDER 10-8-18-10/In the Matter of Authorizing the County Administrator to Execute a Contract for Grant Writing Services, for a Tiger II Application Proposing to do Corridor Planning for Territorial Highway, and Providing a Letter of Support.

Celia Barry, Public Works, hoped this could pass. She said they are seeking approval to authorize the County Administrator to execute a contract for grant writing services and to apply for a Tiger 2 federal grant application for $3 million for corridor planning for Territorial Highway. She noted it is a state facility and ODOT is supportive and will be a co-applicant on the grant. She said it will be extensive public outreach and environmental analysis and some preliminary engineering. She said this would help to obtain federal transportation bill reauthorization monies for construction improvements to make the highway safer. She recalled there was a fatality in 2006. She said they have seen support from Senator Prozanski, Rep. Holvey, Congressman DeFazio, the Oregon Trucking Industry, Travel Lane County and others. She said they would get to the point of possibly 30 percent of preliminary engineering if they were to obtain the grant money and they would decide if it is was financially feasible for the County to take the highway into the County system in exchange for Delta Highway. She recalled the Board in November 2008 asked them to investigate an exchange. She commented that this would be in the interest of the community if they could carry this forward to make it happen.

Handy said he will support the application.

MOTION: to approve ORDER 10-8-18-10.

Handy MOVED, Stewart SECONDED.

Stewart reported they are still working on what a transfer would look like. He said there is a project that is being built across Delta Highway first that needs to be completed before anything can be initially done. He indicated he met with Congressman DeFazio in Washington, D.C and DeFazio is very supportive of the project and finding federal funds for the project. Stewart said DeFazio was optimistic about obtaining funding.

VOTE: 5-0.

b. DISCUSSION AND POSSIBLE ORDER 10-6-23-15 Proposing Bylaws for an Area Commission on Transportation (ACT) for Lane County.

Rob Zako, Project Manager, recalled this is a continuation from the discussion of June 23, 2010. He noted that SB 944 requires that the Board in consultation with local partners develop a proposal for an ACT by September 30, 2010. He said today staff is seeking direction. He reported on the past history and how they got to where they are today. He said they came up with a governing body, a FACT- LC to get many of the people to work together to develop bylaws that they could live with. He recalled the FACT- LC met with the Board on June 23 and gave a report. He said everyone agrees with about 95 percent of the bylaws. He hoped to resolve the remaining five percent.

Zako reported that at the June 23 meeting the Board voted to continue the discussion to July 7, 2010 and then subsequently voted to continue that discussion to a date uncertain, that is today. He recalled since then the Board has received three supplements. He indicated there is a letter from the mayors expressing their actions to the June 23 meeting. He said supplemental 2 is a letter from Mia Nelson and 1001 Friends of Oregon with specific ideas about membership and the Act. He noted Supplemental 3 includes a letter from Dave Jacobson, clarifying the role of Paul Adkins and signing the letter. He added Supplement 3 offers additional options.

Zako noted Approach One is to accept the FACT-LC recommendations for the bylaws as proposed. He said there could be side conditions as part of the general approach. He said Approach Two is to hear what they have heard and to unilaterally propose to the Oregon Transportation Commission something different, taking the bylaws and changing them and directing them to submit it to the OTC. He noted Approach 3 is a hybrid where they would like to see things change but they are looking for broad agreement from their partners and they direct staff to go to the partners to counter act. He said Approach 4 is to submit incomplete bylaws to the OTC with the question of citizen membership unresolved. He noted Alternative E is to do nothing.

Dwyer commented that most of the other ACTS that exist are comprised in a different way than the way they are proposing.

Sonny Chickering, ODOT, said the OTC is looking for unified support from the local community and the partners that are participating in the ACT before they would approve a charter. He said a concern they might have is when this is the eventual version sent to the OTC. He noted they will have a public comment period that day and if there were several of the community in Lane County or others who are mandatory members of the ACT, (including the Ports, and those entities that came to the OTC meeting that day) and gave testimony in opposition to adoption of the bylaws or charter, it would be a significant concern to the OTC. He added that it depends on the final version the Board approves.

MOTION: to approve the Lane Area Commission on Transportation and the proposed bylaws as they appear in Supplement 3, Attachment 4 for the following: 1) the purpose, 2) the mission, 3) the authority, 4) the organization and b) the non voting members, c) the staffing and financial report, the operation, the officers, committees, work plan and report, meetings and public involvement coordination, amendments and glossary. He said the change in the members category with cities and counties, includes 12 cities, one county commissioner, one tribe member, one port member, one MPO member, one Roads Advisory Committee member, one CAC member, one highway 126 East member and all the recommendations with the addition of one ODOT member (page 6 of 10). Within the ten citizen members appointed by the Lane County Board of Commissioners.

Sorenson MOVED.

Sorenson said this could represent a change in the way the state transportation dollars are recommendation to the state, replacing the current five commissioners with 12 mayors and one commissioner. He noted that currently there are zero mayors and five commissioners. He said it confirms all of the recommendations in terms of the structure, the voting decisions and the members. He said the one difference in the proposal he is making in his motion is to pointedly disagree with the recommendation of the committee that up to six citizen members be appointed by the ACT itself and to change it to a requirement that ten citizens will be appointed by the Board of Commissioners. He believed the recommendation of the committee to provide zero to six citizen members appointed by the 12 mayors puts undue authority on the part of the 12 mayors. He agrees that having substantial control of the organization by the 12 mayors who will outnumber the citizens of the committee. He said if the motion is passed, they will be submitting a proposal charter that meets every aspect of the OTC guidelines but is different in the composition of the membership and that is the one factor the legislature didn’t want the OTC to change.

Sorenson said his motion is to appoint 10 citizen members to those 10 positions and it doesn’t change their decision to appoint the Highway 126 East member or the Lane County Roads Advisory Committee member. He indicated they would pick their member. He wanted to leave number 5, on the top of page 4 of 10. He adopts the language that there are a diversity of interests as part of the decision of the Board of Commissioners to appoint those citizens and make it clear they want the diversity of private sector representation.

Fleenor thought page 6 of 10 was the language Sorenson wanted. He asked if they were increasing the number of citizens to ten versus nine, since they are adding the Highway 126 East representative.

Sorenson responded that his goal would not be to change anything in the recommendation of the committee, except for this topic.

Fleenor thought Sorenson’s motion was Alternative 10, with the modification of ten citizens.

Sorenson was in agreement.

Zako said the motion is for the Board to appoint 12 members. He said under subparagraph 1, they would appoint a representative of the County itself, under (5) they would appoint someone to represent Highway 126 East and under a modified Alternative 10, for (6), they appoint an additional ten citizen private sector members.

Sorenson said with Alternative 10, following public advertisement, the Lane County Commissioners shall appoint ten citizens. His motion is the Lane County Board of Commissioners shall appoint ten citizens.

Zako said Alternative 10, on page 6 of 10 is to put into the motion the entire paragraph with the following changes:everywhere the number 9, to be changed to number 10 and where they see Lane County Commissioners, that they change it to Lane County Board of Commissioners. His interpretation is that if they go back to page 3 of 10, (at the beginning of voting members where it shows how many voting members there are in total) his proposal would bring it up to 31. He said they would take the last sentence and change it from 30 to 31.

Sorenson indicated that was his proposal. He said the only change he wants to make is how the citizen members are appointed and the number of citizen appointees. He noted currently the proposal from the advisory group is to have anywhere between zero and six members. He didn’t agree with that. He wanted it to be ten members. He said the proposal is to have the group appoint them. He wanted to change that to have the Board appoint them so the cities have the lion’s share of the representatives on this committee. He said the statutory purpose in having an ACT is to avoid the very thing they have had in Lane County that government officials make the decisions about recommendations to OTC and the problem with the recommendation he has with the advisory committee is that it replaces the Board of Commissioners of that group and institutes 12 mayors. He said the proposal from the advisory committee allows one citizen member by the Board of Commissioners to represent the Highway 126 East corridor. He said all of the other people have governmental connections. He commented that the underrepresentation of his district by the proposal advanced by the advisory committee was totally palpable. He indicated that it would mean the 70,000 people who live in his district would have zero representation on the advisory committee and by this motion they will have two of 31 members.

Fleenor reiterated that Sorenson is proposing to adopt the proposed bylaws with the two following changes: to expand the ACT to 31 and under the citizen appointees they will take Alternate 10 and substitute 10 wherever there is 9 and put in the Lane County Board of Commissioners shall appoint.

Barry said the elected officials from the cities may not necessarily be a mayor under the way the bylaws are written.

Dwyer SECONDED.

Stewart asked how the members will be chosen by the commissioners.

Sorenson responded that for this motion he wanted to make it clear the Board of Commissioners will have to make the appointment. He is adopting the language in Alternative 10 that says they have to have a public advertisement and the citizens will be selected to have a diversity of interests that may include airports, rail, passenger, freight trucking, public transit, bus and rail riders, bicyclists and pedestrians, business, freight, tourism, public safety, public health, schools, neighborhood, senior citizens, special transportation needs, minority, environment, land use and part of Lane County not otherwise represented. He said the focus of the motion is for purposes of complying with the law that requires them to submit this charter and makes it clear in the law that the commission is not to reject the charter based on the composition of the membership; it will be the Board that would make the citizen appointments.

Stewart was concerned about the appointment process of those ten members. He said there is no definition about terms for the positions. He said in all of the alternatives it says the citizen should be selected. He was more comfortable if it stated the citizens shall be selected to represent a diversity of interests. He has concerns about no rural representation. He supported the process they went through the recommendation. He said the Board of Commissioners has no authority, it is recommending projects. He said the process in recommending projects goes through the city of Eugene. He said the whole intent is to bring those individual projects to this body and prioritize them and recommend them to the OTC. He said the OTC has the final say as to which programs they are going to fund. He commented that if there is a project that only affects a few people versus many; the OTC will correct the problem to get their best bang for their buck. He was looking for a representation of people who have ODOT facilities through their community. He thought the best way to do it was the way it was previously recommended.

Fleenor recommended on the private sector following the public advertisement, the Lane County Board of Commissioners shall appoint ten members as citizens of the Act. He said the citizens should be selected (or, to the greatest extent possible) to represent a diversity of interests. He added that following the advertisement, the Lane County Board of Commissioners shall appoint ten citizens as members of the ACT following the existing Board appointment policies and procedures. He asked if their existing policies and procedures would cover this.

Richardson said the existing policy wouldn’t cover it because they averaged everything into a seven member board but they could use it as a jumping off point as commissioners do their appointments.

Fleenor wanted to use the existing appointment policies and procedures as modified.

Sorenson understood the cities have been underrepresented. He said the language the advisory committee came up with is what was included in the motion. He added the only thing that could improve it to make sure the diversity of interests is represented. He said the language doesn’t change the legal effect; he wants to make it to the maximum extent possible. He said it would be language different than what the committee recommended. He stated that it won’t be an option of up to six members, it will be ten members.

Fleenor asked Stewart if he approved of his modified language.

Stewart said he would be more comfortable if that was the understanding.

Fleenor asked about putting in to the greatest extent possible.

Stewart was in agreement.

Sorenson agreed to amend the motion. Dwyer SECONDED.

Fleenor reiterated the motion. He said they are going to adopt the bylaws as proposed except for the following changes: on page 4 of 10, item 5 Highway 126 East, the Lane County Board of Commissioners shall appoint a primary representative and an alterative representative for the Highway 126 Corridor east of Springfield. The citizen private sector will change as follows: Following public advertisement, the Lane County Board of Commissioners shall appoint ten citizens as members of the FACT-LC. He said the citizens should be selected, to the greatest extent possible, to represent a diversity of interests. The last member represents a business or organization in the area (10 members).

Zako noted on page 3, under a), voting member totals, will be 31.

Handy said he would have supported the language of following existing Board policies and procedures. He expected the Board will have due diligence in having broad representation and have each commissioner appoint a couple of members up to ten. He thought what they are attempting to do today is in alignment with the OTC, with more, early and often public involvement.

VOTE: 4-1 (Stewart dissenting).

Sorenson thought this was a good decision. He said the legislature has the authority to change what local government does. He thought they have dispatched their duty under the state legislation.

Zako asked if the Board wanted a report back after the OTC reviews the bylaws. He noted the Board of Commissioners have to report to the legislature by the end of October.

Fleenor asked for a report back.

10. COMMISSIONERS' ANNOUNCEMENTS

Sorenson announced that he is going to the Lane County Fair to help serve pie and ice cream to the seniors tomorrow. He announced that he, Mayor Piercy, and Handy will have another meeting on the future of the Fairgrounds. He indicated the agenda team took the assignment over and the two dates mentioned were September 29 and October 4. He indicated that he will attend the meeting in Portland with the U. S. Secretary of Agriculture.

11. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660(2)(h) for the purpose of discussing pending litigation.

There being no further business, Commissioner Fleenor recessed the Board into Executive Session at 11:40 a.m.

Melissa Zimmer
Recording Secretary