September 1, 2004

10:00 a.m.

Commissioners' Conference Room

APPROVED 9/28/04


Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Don Hampton and Peter Sorenson present. Anna Morrison was present via telephone and left the meeting at 11:40 a.m.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
















a. DISCUSSION/Appeal Regarding Contract for Alcohol and Drug Addiction Treatment to Offenders.


Rob Rockstroh, Health and Human Services, explained the process in Lane Manual is that the department gets to present the issues.  He noted if there was any decision to overturn the recommendations, they shall be based on the finding that one of the criteria has occurred to the substantial prejudice of the appellant.  He said there has to be bias by one of the committee members.  He said the appeal is not based strictly on criteria.  He noted this was on behalf of the Public Safety Coordinating Council.  He noted there was no PSCC staff to do the contracting.  He noted there were three bidders on the $225,000 contract.  He added because this was for the Public Safety Coordinating Council, it was different than other processes in the people they chose.


Rockstroh indicated that PAR made the comment that they submitted two proposals and funding was cut off on both occasions because of their score.  He noted they were lower than the cut off point both times.  He noted the process for the prior appeal is irrelevant to this one.  He thought it was irrelevant that someone on the Mental Health Advisory Committee made a comment.  He noted that none of the people who made a comment were involved in the RFP process or the selection committee.  He was unsure how someone could say there was bias, as none of the people were the same.


With regard to consumer choice on the $225,000,  Rockstroh commented that the issue is that the contract is relatively small.  He said they didn’t want to divide the money between two different contractors.  He thought having a single provider who has done most of the work and knows how to work with corrections clients, made more sense.  He noted on page 6 there is an argument that Emergence did not submit a proposal for indigent clients in the RFP selection process but was awarded the minority funding.  He understood that there have been two providers:  Centro Latino and ACES Programs who have had provider designation on their license.  He didn’t see any bias if these providers were already licensed to provide this type of service.  He said awarding a contract to an agency that already has a license is not bias.  He didn’t think their criteria was met.  He said the Board is supposed to determine if the committee itself have biased against the person submitting a bid.  His contention is that it did not occur.


Jack Dresser, Prevention and Recovery Northwest, reported their appeal is based on an appearance (to them) of bias resulting in loss of consumer choice to the supervised offender population.  He said they think it is in violation of the published Health and Human Services guidelines.  He said they disregarded the omission of a “misplaced requirement” in the last Emergence proposal with the awarding of a minority treatment contract to Emergence, for which they didn’t submit a proposal, despite the requirement in the RFP.  He said the action suggests a disturbing openness to flexibility with stated rules and procedures by Health and Human Services that could be influenced by bias.  He said the appeal process does not provide a mechanism to voice the concern they have regarding Health and Human Services staff.  He said it was their understanding that it was up to Peg Jeanette to publicly open and inspect all proposals and to verify their compliance with the specifications of the RFP.  He said had Jeannette followed the protocol set forth in the RFP, the Emergence proposal might have been rejected and not evaluated, since it was missing a section.


Dresser indicated that Rockstroh states that Emergence has services available over a wide range of time and locations, but so did PAR.  He noted that Emergence would not charge clients.  He questioned the validity of that.  He added at the Bitters Conference, Linda Eaton stated a goal was to have clients contribute to the cost of their treatment.  He commented that fees should not become a barrier to treatment, but clients should contribute.  He indicated that Rockstroh said PAR staff would be “unable to complete training” to develop skills needed to provide effective treatment for the offender population.  He noted that PAR staff had already been providing effective treatment to the offender population.  He said that additional trainings have always been an ongoing component of PAR’s operation, but any given training is not a criteria of clinical competence.  He said the 32-hour training is available in Olympia on September 22 and PAR staff was prepared to complete the training should Lane County wish as condition of funding.  He said the question should be, “Are Lane County supervised offenders less entitled to a choice between service providers than are other client populations?”  He said that Emergence was set to not charge clients.  He said the reason they want all the funds is because they don’t want to charge clients. He thought sliding scales instead of a complete waiver of fees are used to achieve fairness and assure that cost is not a realistic barrier.  He commented that zero fees accommodate zero client motivation.  He said it is not an appropriate foundation to build client self-respect.


Ann Marie Bilderbak, 1188 Olive Street, stated another indication of bias on the part of Health and Human Services in favor of Emergence can be seen on the statement of assurances page of the current offender’s proposal where the initialing of the statement of assurance is missing. She said that was grounds to have it thrown out.  She agreed that clients should pay for their services as it has been proven to be an effective component of treatment.  She said Rockstroh failed to address bias in favor of Emergence with the missing question.  She noted on pages 4 and 5 of Rockstroh’s memo, he responds to their opinion that the staff is biased in favor of Emergence by explaining they do not evaluate the proposals.  She noted during the past proposal interview session, Peg Jeannette was present and asked questions that led them to believe that she had interaction with the evaluation committee and could influence them.


Scott McLeary, Attorney, 44 Club Road, Eugene, explained that PAR’s appeal is only as to the funding.  He said they didn’t question that the criteria was met and the decision was correct with Emergence being the successful bidder.  He said their argument went beyond the question of funding, discussing the criteria.  He noted most of that was irrelevant.  He said they appealed, arguing bias with respect to the funding and in support of their argument. He said they made no suggestion that the committee in this situation was bias or any committee member acted in a way that would suggest bias regarding the RFP.  He commented there is no evidence of bias presented by the appellant.  He said the main process point is that once they concede that Emergence was the successful respondent to the RFP and the decision with respect to awarding Emergence was correct, they must look at the bid itself by Emergence which was for the full $225,000 contract.  He noted as Lane Manual makes clear, an RFP is a bid for a contract and a bid that was deemed successful was for the full contract.  He said that Emergence has shown its experience and this was evaluated by the committee, by providing ten years of alcohol and drug treatment to offenders.  He said there was no suggestion that they were not a proper agency for this contract.


Phil Barnhart, President, Board of Directors, Emergence, formerly known as ACES.  He said he has been on the Board of Directors since the mid-80’s.  He said it has grown to a multi-million dollar, multi-site non-profit with over 100 employees  He said they did it through offering services to offenders.  He said that ACES has always operated in a format in which it provides specific training for staff to provide the services that are appropriate for the particular programs that are being offered.  He said they want to be certain when they deal with drug and alcohol treatment and education that they are successful as often as possible.  He believed they could fulfill the contract in accordance with its terms and in a manner that will provide good services for the benefit of the clients and for the community. 


Michael Bean, 1220 S. 69th, Springfield, Emergence, stated they do work with offenders.  He indicated they wrote a proposal that was new that would take the full funding.  He said if a decision were made to take it away or divide it in half, they wouldn’t be able to do what they proposed.


Gretchen Pierce, 31434 Fox Hollow, Eugene,  stated she was a member of the review committee.  She stated that all three members of the committee were new to an RFP process.  She noted the first instruction they received even before they looked at the applications was that any prior information they knew about any of the organizations or any process, could not be considered in terms of reviewing the applications.  She said they were restricted to only the information that was contained in each application and they followed the RFP.  She stated that going into the final evaluation, the committee independently arrived at the same conclusion in terms of which organization finished first, second and third.  She said since Emergence was their number one choice according to the rankings that they would award the full contract to them and their request was for the full contract.  She noted that staff did not have anything to contribute about the applications; they had not reviewed them and only provided the service of taking them through questions and answers.  She commented, to the extent there was anything communicated to them by staff, this was a process and procedure as opposed to other outside information.  She said for her, many of the points in the appeal related to situations that had gone on before and they had no knowledge nor were they allowed to consider any knowledge. She didn’t think any part of that was relevant to the discussion.


Dwyer asked when there are only a couple of people who may be qualified and an RFP is issued and no one meets the qualification, if it was normal to lump that into another award instead of re-issuing another one.  He noted it wasn’t that they weren’t qualified, their application was not exactly right.


Rockstroh indicated the people responded to the RFP as it was written instead of the way they might have liked it.


MOTION:  to move Option 1, to find that there was no bias demonstrated by Prevention and Recovery Northwest appeal and award the contract as recommended by the evaluation committee to Emergence Addiction and Behavior Therapy, Inc.


Dwyer MOVED, Hampton SECONDED.


Dwyer thought the scores spoke for themselves.  He asked if it was in the public’s interest and in the interest of the people who are being served to delay or bifurcate this.  He said there are always RFP's and he requested for the future they should work harder to achieve the highest score.


Sorenson  thought it was difficult to show a bias on the part of the people that have limited contact with the agencies.  He was concerned about some of the issues but he didn’t think they had risen to the level where he was prepared to make a finding of bias against the people on the committee.


Hampton didn’t see any evidence of bias on the part of three committee members.  He hoped the department members will use some of the things that PAR submitted to add clarity to future RFPs.  He thought if the grant were to be given to one agency it should be written so there is clarity on the part of all the applicants.


Green believed Lane County’s department run a clean operation.  He had faith in the process.  He didn’t think there was a demonstration of bias.  He thought whatever they could do to continue to make it a fair process and take the concerns seriously, they should continue to do it.


VOTE: 5-0.


b. ORDER 04-9-1-1/In the Matter of Awarding a Contract in the Amount of $225,000 for Alcohol and Drug Addiction Treatment to Offenders.


MOTION:  to approve ORDER 04-9-1-1.


Dwyer MOVED, Hampton SECONDED.


VOTE: 5-0.




a. ORDER AND RESOLUTION 04-9-1-2/In the Matter of Proclaiming September 12-18, 2004 as Parenting Education Week.


Green read the resolution into the record.


MOTION:  to approve ORDER and RESOLUTION 04-9-1-2.


Morrison MOVED, Hampton SECONDED.


VOTE: 5-0.


b. ORDER 04-9-1-3/In the Matter of Commemorating the 40th Anniversary of the U.S. Wilderness Act.


Sorenson read the resolution into the record.


MOTION:  to approve ORDER 04-9-1-3.


Sorenson MOVED, Dwyer SECONDED.


Morrison stated she wouldn’t support the motion, as there were acres already set aside in the State of Oregon.


Green wanted to delete the last “whereas” because he wasn’t sure what it meant.  He said he would then be more supportive.  He thought it would mean the Board took action on the areas they wanted to include.


Morrison commented that the last “whereas in number four leads them into a different direction than actually acknowledging the anniversary of the wilderness act.


VOTE 3-2 (Green, Morrison dissenting).


c. RESOLUTION 04-9-1-4/In the Matter of Proclaiming  the Week of September 1 as Good Neighbor Day.


Green noted that Reed & Cross had their annual Good Neighbor Day in the morning by giving thousands of roses to the general public.  He added this board order would recognize Good Neighbor Week.


Green read the resolution into the record.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.




Bob Still, announced that tomorrow is the beginning of the dog show at the fairgrounds. He invited the Board to attend.


Steve Woodard, 34583 Garoutte, Cottage Grove, stated he lives on one of the four roads on the proposal for Public Works.  He was asked by Public Works to make a statement in support of this. He said it didn’t solve his problem because he operates a small tree farm on Garoutte Road and he has no other access.  He was told by Public Works that they would not permit log trucks at the normal 80,000-load limit and that is what they have had for years.  He noted he had been operating the tree farm since 1948.  He commented that he is the only person to be affected by any limitation of log trucks.


Al Phillips, P. O. Box 2146, invited the Board to the dog show.  He noted that they involve youth.  He said that they give scholarships and savings bonds to the winners.




a. ORDER 04-9-1-5/In the Matter of Recommending Appointments to the Lane County Cultural Coalition.


Green noted that these are the recommendations to the state.


MOTION:  to approve ORDER 04-9-1-5.


Dwyer MOVED, Hampton SECONDED.


VOTE: 4-0. (Morrison excused).


b. ORDER 04-9-1-18/In the Matter of Naming the New Defendant and Offender Management Center the Richard K. Sherman Defendant and Offender Management Center.


John Clague, Sheriff’s Office, noted they have had discussions about Richard Sherman’s current circumstance.  He said Sherman had been recognized in front of the Board.  He said this is what they would like to do in the Sheriff’s Office and the Board of Commissioners shares that desire.  He recalled the Board approved the remodel of the Defendant Offender Management Center (the former Lane County Psychiatric Hospital).  He said they want to name the facility after Sherman and put signage on the front of the facility that will be similar to the other signage around the jail.  He announced that they scheduled a ceremony on September 22 to unveil the sign in recognition of Sherman.


MOTION:  to approve ORDER 04-9-1-18.


Dwyer MOVED, Hampton SECONDED.


VOTE: 4-0 (Morrison excused).




a. Announcements


Van Vactor stated that next week the National Government Deferred Compensation Administrators are having their annual meeting in Salt Lake City and he will be attending. He said that Dave Garnick would be acting County Administrator.


b. ORDER 04-9-1-6/In the Matter of Amending Chapter 3 of the Lane Manual to Adopt Policy Exceptions Pertaining to Use of the Lane County Logo (LM 2.701).


Melinda Kletzok, Public Information Office, explained this pertains to the Strategic Plan, and the Communications Plan for Lane County.  She said this agenda item comes at the request of Steve Manela, Human Services Commission, pertaining to the new federally-qualified health care clinic (River Stone) in Springfield, and two other locations.  He said they requested using a different logo and identity for purposes of marketing.  She noted this is something that is done by large organizations and it occurs when there is reason to market something separately because of the customer base.  She said this program generates revenue and needs effective marketing in a competitive environment and that they participate in interagency activities where the County is one of several sponsors of a regional service.  She stated that not all departments are able to use it.


MOTION:  to approve ORDER 04-9-1-6


Dwyer MOVED, Hampton SECONDED.


Van Vactor suggested that they develop criteria to submit to the Lane Manual so it is generally applicable.  He said it comes with the understanding that there are issues on both sides and it is coming at the request of Steve Manela, and the FQHC, not from County Administration.


Dwyer agreed that criteria should be part of what should be considered.  He thought this met the test on all the criteria.  He wanted that to be part of the understanding when they pass the motion.


Wilson explained that, currently, the language offered for Lane Manual includes those ideas as concepts but it doesn’t specify them as mandatory criteria.  She said they are more permissive than mandatory.  If the Board wanted written criteria, she requested an opportunity to re-write the Lane Manual language.


Green supported this.  He indicated there are standing committees in place that are not being utilized for this level of a discussion.  He thought this should have gone to the Policies and Procedures Committee and then to the Board with a recommendation from the committee.


VOTE: 3-1 (Sorenson dissenting, Morrison excused).




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1216/In the Matter of Amending the Rural Comprehensive Plan, Taking a Reasons Exception to Goals 3 And 4; and Adopting Savings and Severability Clauses (File PA 04-5003; St. Parks) (Second Reading & Public Hearing: September 15, 2004, 1:30 p.m.).


MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1216 on September 15, 2004, at 1:30 p.m.


Dwyer MOVED, Hampton SECONDED.


VOTE: 4-0. (Morrison excused).


b. ORDER 04-9-1-7/In the Matter of Revising the Load Postings for Briggs Hill Road, Garoutte Road, Molitor Hill Road and Sears Road.


Green asked if there was a way to address the loads and direction with the exception of grandfathering or conditional use permit.


Frank Simas, Public Works, explained they were going to post weights as a balance between protecting the road surface and allowing users of the road to haul the loads they might want to haul.  He noted currently the roads have load limits between 10 tons and 17 tons, which doesn’t accommodate large vehicles.  He said it was a proposal that would allow them (even during the winter months) to be on the road when the road conditions are not as good.  He noted the limits would be in effect from October 1 to June 30.


Sonny Chickering, Public Works, said in the summer months there would be no restrictions.


Simas commented that this wouldn’t preclude a special permit.  He said the cost to the applicant would be $8.00.


Chickering indicated they are trying to make their limits more acceptable.


MOTION:  to approve ORDER 04-9-1-7.


Dwyer MOVED, Hampton SECONDED.


Wilson assumed that Woodward is already getting permits in order to exceed the limits.  She said if so, she didn’t hear that the criteria for the permits is changing.  She believed that history would suggest he wouldn’t have problems with a higher limit.


Sorenson asked why the load limits were being changed.


Chickering explained this item deals with six roads that are posted with load restrictions.  He said the roads have structural instability problems.


VOTE: 4-0 (Morrison excused).




A. Approval of Minutes:

December 1, 2003, Special Meeting, 1:30 p.m.

January 13, 2004, Work Session, 9:00 a.m.

June 23, 2004, Regular Meeting, 9:00 a.m. 


B. Health and Human Services


1) ORDER 04-9-1-8/In the Matter of Adjusting the Department of Health & Human Services Budget (Human Services Commission Fund 285) to Appropriate Additional Revenues in the Amount of $454,892 for the Human Services Commission Energy Program; to Establish a 1.0 FTE Administrative Assistant.


C. Public Safety


1) ORDER 04-9-1-9/In the Matter of Delegating Authority to the County Administrator to Execute the Specific Contracts and Intergovernmental Agreements Listed in the Cover Memo Related to the State Homeland Security Program and Law Enforcement Terrorism Prevention Program Grants.


D. Public Works


1) ORDER 04-9-1-10/In the Matter of Vacating a Portion of Sailor Road (Co. Rd. #706), Located in Sections 29 and 32, Township 17 South, Range 6 West of the Willamette Meridian, in Lane County, Oregon, Without a Public Hearing and Adopting Findings of Fact (17-06-29 & 32).


2) ORDER 04-9-1-11/In the Matter of Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, as a County Road. (Parcel "A" Fawn Hills) (18-04-20).


3) ORDER 04-9-1-12/In the Matter of Releasing, and Dedicating a Parcel of County Owned Real Estate, as a Public Road.  (18-02-05-12) (Rocky Road Drive).


4) ORDER 04-9-1-13/In the Matter of Releasing, Dedicating and Accepting a Parcel of County Owned Real Estate, As A Public Road. (18-02-05-12) (Rocky Road Drive).


5) ORDER 04-9-1-14/In the Matter of Alteration of a Portion of Coburg Road (Market Road Number 41, County Road Numbers 403, 537, 636, 655 and 1043) Being Located Within Sections 3, 4, 9, 10, 16 and 17, Township 17 South, Range 3 West of the Willamette Meridian.


6) ORDER 04-9-1-15/In the Matter of Authorizing Submittal of Local Bridge Applications for Funding Through the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program.


E. Workforce Partnership


1) ORDER 04-9-1-16/In the Matter of Appointing a Member to the Lane Workforce Partnership Youth Council.


F. County Administration


1) ORDER 04-9-1-19/In the Matter of Entering Into a Memorandum of Understanding with the Bureau of Land Management Related to Cooperating Agency Status in Future BLM Planning Activities.




a. ORDER 04-9-1-17/In the Matter of Increasing Revenues and Expenditures in Fund 124 and Creating a 1.0 FTE Victim Advocate Position and a 1.0 FTE Office Assistant 1 Position.


MOTION:  to approve ORDER 04-9-1-17.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 4-0. (Morrison excused).








Green indicated the Service Stabilization Tax Force had its first meeting.  He noted that Kate O’ Donnell volunteered to be chair and David Piercy is vice chair.


14. EXECUTIVE SESSION as per ORS 192.660








There being no further business, Commissioner Green adjourned the meeting at 12:15 p.m.



Melissa Zimmer

Recording Secretary