JUNE 8, 2011 Minutes Morning Session

June 8, 2011
9:00 a.m.
Harris Hall Main Floor

APPROVED 6/22/2011

Commissioner Faye Stewart presided with Commissioners Jay Bozievich, Rob Handy, Sid Leiken and Pete Sorenson present.  County Administrator Liane Richardson, County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




Diane Page, said she represents Friends of River Loop One, a group of neighbors in the Santa Clara area of Eugene.  She asked the Board to vote to appeal the recent mandamus trial decision of Judge Charles Carlson, allowing for a $6.3 million, 15,000 square foot hospice facility, with a 50 car parking lot to be built in their neighborhood, zoned RR5.  She said this should be appealed because of the County’s failure to meet the 150 day deadline for issuing a decision on Cascade Health Solution’s application for a special use permit to build the hospice.  She added that this allowed this case to be taken off the normal land use legal track.  She said the result to deny the Cascade Health Request from an experienced hearings officer was voided and Cascade was able to move the case into Circuit Court in front of a judge without much land use expertise.  She said that Cascade was able to create confusion regarding land use law and they were able to hide from addressing applicable laws and codes like the Metro Plan and Goal 14.  She said had the County’s hearings officer’s decision be issued on time, Cascade’s only choice would have been to stay in the land use track and appeal to LUBA.  She added since the County got this case off track, they feel the Board has the responsibility to help them get it back on track in which an appeal would do.  She indicated they are moving forward with the appeal and they want the Board to be with them.  She commented that this case is winnable.  She said their attorney noted errors in Judge Carlson’s decisions.  She said before they decided to go forward with an appeal, they got a second opinion from another land use attorney who stated there are no guarantees but agreed they had a sound legal basis for an appeal and a likelihood they could win.  She said the Board needs to do the right thing, not just what is convenient and affordable.  She recalled in 2009 the  Board of Commissioners decided to reverse a hearings officer’s ruling allowing a commercial RV and boat self-storage facility to be built on rural residential land.  She said not appealing this would be step backwards.  She didn’t think they should have to move forward on their own with this appeal.   She asked the Board to work together to see that their land use laws are properly and fairly applied.  She asked the Board to vote to appeal the decision.

Floyd Bard, Eugene, said he is a retired Veteran and served in Afghanistan in 2007 and he fought for his country.  He said as a citizen of Lane County he is fighting for the proper use of their rural residential five acre property.  He said he is part of the group of Friends of River Loop One in opposition of Cascade Health Solution’s land use permit to build a 15,000 square foot hospice with a 50 car lighted parking lot on River Loop One.  He said his 7.5 acre property currently pastures  eight horses and it is just north of the proposed hospice site.  He added the property to the left also  property pastures horses and cows.  He indicated that they believe the hospice is commercial and not residential.  He added that it is rural and not urban and is not permitted under the use allowed in Lane County Code.  He added that was how Gary Darnielle ruled.  He indicated that Cascade Health Solutions filed a writ of mandamus because of the 150 day rule for filing a decision by Lane County was not met.    He believes that Cascade Health Solutions filed the writ before the 15th day allowed and did not take the most expedient or direct process in appealing the hearings official’s decision.  He said Judge Carlson chose to hear the case and as a result ruled in favor of Cascade Health Solutions.  He said to date Friends of River Loop One have prevailed with the Land Use Board of Appeals on the initial appeal of the 6,000 square foot hospice. He indicated they filed an appeal to LUBA and LUBA ruled in favor of their appeal that the extension should not have been provided.  He indicated that Cascade Health Solutions appealed that decision and LUBA ruled in favor of them that the extension should not have been granted.  He indicated that Cascade Health Solutions has been allowed and submitted a request for recovery of attorney fees and court costs that exceeds $171,000.  He commented that was outrageous.  He urged the Board to rule in favor of appealing the Writ of Mandamus judgment.  He said they will prevail at the appeal.

Chris Page, Eugene, urged the Board to fulfill their responsibility to the citizens of Lane County by  joining them in this appeal.  He said they would not have to go to an appeal or Circuit Court if Lane County had done their job in a timely manner.  He said they have had to incur legal expenses to defend Gary Darnielle’s decision.  He asked the Board to join them in this fight, as it is the right thing to do and they will win.


Stewart indicated that they did not have the Cascade Health Solutions matter scheduled for their Executive Session today, but it will be coming next week.  He said there is work being done to factor in the option for attorneys fees and they will have the recommendations before the Board in the next Executive Session.

Sorenson said an idea came up for the job of Assistant County Administrator.  He said the idea is to take  a department director whose work has been cut by the amount of grant funding and have that person do their job and also become the Assistant County Administrator.  He thought they should do it on the basis of what is the best bang for the buck and the best way to use taxpayer dollars.  He said if they want to structure an Assistant County Administrator position, to then take the money away from the department they are going to be affecting and move the money into County Administration, create the position of Assistant County Administrator and do it directly.  He didn’t think they should take away from a program activity by creating this new position.

Handy thanked people for testifying today.

Leiken announced that Springfield’s Mercedes Russell is the 5A Player of the Year in Basketball.  He added she made the 16 and under USA National Team and will be traveling around the world.  He noted that she is one of the top recruited players in the country.

Bozievich thanked the people from River Loop One for coming to testify.  He said he was familiar with the area. He commented that it is an uphill battle against a tough opponent.




A.  Approval of Minutes

September 30, 2009, Regular Meeting, 9:00 a.m.
October 27, 2009, Regular Meeting, 10:00 a.m.
October 27, 2009, Regular Meeting, 1:30 p.m.
June 15, 2010, Regular Meeting, 9:00 a.m.
June 15, 2010, Regular Meeting, 1:30 p.m.
April 27, 2011, Regular Meeting, 9:00 a.m. (PULLED)
April 27, 2011, Joint Fair Board/BCC Meeting, 12:00 noon
May 24, 2011, Work Session, 9:00 a.m.

B.  Assessment and Taxation

1)  ORDER 11-6-8-1/In the Matter of a Refund to Lee Joint Venture, in the Amount of $22,423.12.

C.  County Administration

1)   ORDER 11-6-8-2In the Matter of Approving an Additional $10,000 Grant from the Industrial Revolving Fund to the Port of Siuslaw to Complete the Fisherman’s Ice Machine.

D.  Health and Human Services

1)  ORDER 11-6-8-3/In the Matter of Appointing One Member to the Community Health Council.

E.  Management Services

1)  ORDER 11-6-8-4/In the Matter of Signing a Twenty-Year Lease for RiverStone Employee Parking from The Olympic, LLC.

F.  Public Safety

1)   ORDER 11-6-8-5/In the Matter of Approval of Amendment No. 3 to Lease with Garfield Associates for a Communications Site at Castle Rock, to Extend the Agreement to June 30, 2021 and to Delegate Authority to County Administrator to Sign Contract Documents.

2)   ORDER 11-6-8-6/In the Matter of Award of LCP 2011-02 for Construction Contractor Services in the Amount of $194,905 to Brown Contracting, Inc. and Delegate Authority to the County Administrator to Sign Related Contract Documents.

G.  Public Works

1)  ORDER 11-6-8-7/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Asphaltic Mix Patching Materials Needs During the Period of 7/01/11 to 6/30/12 , Prospective Contract No. 11/12-M&S-53 and Authorizing the County Administrator to Sign the Contracts.

Sorenson pulled the minutes so he can review the April 27 regular minutes.

MOTION:  to approve the balance of the Consent Calendar.

Bozievich MOVED, Bozievich SECONDED.

VOTE:  5-0.


a.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 3-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for Consideration of $30,000, Located at 740 E. 39th Place, Eugene to the St. Vincent de Paul Society of Lane County for the Purpose of Providing Affordable Housing (Map No. 18-03-08-34-04105, Second Reading and Public Hearing June 22, 2011, 1:30 p.m., Harris Hall)

Sorenson asked if Turk could send an e-mail on where the funds would go if the property is transferred.

Stewart explained  that the amount of money will be divided up among the taxing districts and distributed to the taxing districts that have authority in that area.

Richardson noted that the County’s portion of the proceeds first go to cover costs.  She indicated that they have to pay back some of the money because this department had to borrow some of that money for this program.

Sorenson asked why they couldn’t keep all the money.

Stewart thought it was a possibility.  He said the process is they transfer the property into Parks and it becomes park owned property and then  it can be sold and the proceeds can be kept but the proceeds would be going to the Parks Department.

Richardson indicated that the house is in fair/poor condition and it hasn’t been occupied for at least ten years.  She noted it was acquired by tax foreclosure in October 2010 and St. Vincent de Paul estimates that it will take between $30,000 and $50,000 to rehabilitate the property.  She reported the current market value is $197,000, but that assumes it is in good condition.  She added there is $19,000 owed in the delinquent taxes.

Sorenson said his concern has nothing to do with the sale of the property, the price or to whom it is being sold.  His issue is taking advantage of statutes  that allow them to keep a larger percentage of the money instead of distributing it to the other jurisdictions.  She thought they should explore that.

Bozievich supported the current proposal as is.

MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 3-11 for June 22, 2011 at 1:30 p.m.

Leiken MOVED, Bozievich SECONDED.

VOTE:  5-0.

b.  FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 4-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for Consideration of 30,000, Located at 2895 Garfield St.. Eugene to the St. Vincent de Paul Society of Lane County for the Purpose of Providing Affordable Housing (Map No. 18-04-01-34-03613, Second Reading and Public Hearing June 22, 2011, 1:30 p.m., Harris Hall)

MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No 4-11 for June 22, 2011 at  1:30 p.m.

Sorenson MOVED, Leiken SECONDED.

VOTE:   5-0.

c.   FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 5-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for no Consideration, Located at 234 Beringer Ct. Eugene to the Neighborhood Economic Development Corporation for the Purpose of Providing Affordable Housing (Map No. 17-04-03-13-12100, Second Reading and Public Hearing June 22, 2011, 1:30 p.m., Harris Hall)

MOTION:  to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 5-11 for June 22, 2011 at 1:30 p.m.

Leiken MOVED, Bozievich SECONDED.

VOTE:  5-0.


a.  DISCUSSION/Strategic Planning. (Stan Biles, Consultant; Liane Richardson, County Administrator)

Stan Biles, Consultant, reported on the recommendations the subcommittee from the Board offered.  He recalled the charge of the committee was to recommend a process to the commissioners for the establishment of goals for Lane County government.  He said the first recommendation is for the Board to establish and approve a vision  and a mission statement for the County and adopt the guiding principles or values the organization will utilize during the implementation of the Strategic Plan.  He added that Phase 2 is the establishment of goals.

Biles said the second recommendation involves who is to be involved in the process.  He indicated the subcommittee recommended the Board of Commissioners as the ultimate decision makers.  He added besides the commissioners, it should include the Department Directors, including the other elected public officials as well as selected individuals from the County Administrator’s staff.  He said once the plan is approved and the organization  moves to implementation, the Administrator’s office will be playing a key role.

Biles indicated that whatever the details of goals that eventually comes out of the Strategic Plan, there should be an emphasis upon collaboration and partnerships with the public and private sector entities.  He said the subcommittee looked at the existing goals, mission and vision in the Strategic Plan and the language previously approved in the Strategic Plan, going back two plans.  He said there was a need for more collaboration.

Biles recalled that over the years the planning had gone off site, requiring overnight lodging for participants.  He said in this case with the cost and tight budget costs for overnight lodging, the subcommittee recommended the meeting should be held off site but in the metropolitan area of Eugene and Springfield.

Biles thought there was a sense of urgency to get this done in that the previous Strategic Plan is somewhat dated and not being used.  He said the need for a new Strategic Plan was paramount and some of the conditions in the County have changed since the last Strategic Plan.  He said it was recommended the first meeting start between mid-June to mid-July.  He noted the meetings have been set for June 21 and July 6.

Sorenson didn’t recall the Board held any overnight accommodations.  He asked where that statement came from and what years he was referring to.

Biles said it was broader the Board of Commissioners’ meetings.  He said there were planning or negotiating sessions that were utilized.  He said the point that was to be made was at this point there is not the need for overnight accommodations either by members of the Board or anyone else.

Sorenson didn’t think it was a true statement that they in the past 15 years have ever had a Board planning session involving the Board of Commissioners where they had overnight accommodations.  He didn’t think Biles had the facts to justify that statement.  He asked Biles if the Board of Commissioners had a planning meeting where there was a need for an overnight stay.

Biles responded that he did not remark on the Board of  Commissioners.  He said he participated in one on negotiations involving members of the Management Team and collective bargaining that was conducted offsite that required overnight lodging at the facility.  He reported the feeling of the subcommittee for this meeting is that it should not be overnight, but close by where everyone could get home and not have the additional cost of overnight stays.

Sorenson said the subcommittee had a meeting on April 28 and May 19.  He wanted to review the minutes to see the thinking that went into the planning.

Biles said there are not official minutes of the meetings.  He took notes of the meeting. 

Richardson explained because there was not a quorum of the Board, there was not an official notice of any type of meeting and these were not open to the public.  She said the meeting was with two commissioners talking with Biles on what they wanted to propose to the Board.  She stated there were no official minutes.

Biles indicated he would send his notes to Sorenson.

Handy noted there are two dates indicated for the work session.  He said he would commit to June 21 to see how the meeting goes.  He was hopeful something positive will come out of this.  He was skeptical about this exercise.  He said he will not commit to July 6.  He noted there was a note about collaboration.  He said what they are seeing with the new conservative Board majority is that they are seeing less collaboration, less public participation and fewer public meetings where the work of decision makers is getting done.  He stated they are seeing more decisions being made in the hallways or by administrators, non-elected officials or department heads that have historically been made at the Board level.  He said they are seeing important committees being resolved. 

Bozievich requested Handy provide factual evidence that decisions have been made in hallways, similar to the factual evidence that they have met offsite doing previous planning.  He said that statement needs to be retracted.

Stewart thanked Biles for his work and effort in trying to move this forward.  He said for his six years on the Board, setting goals and working together as a team has been important, leading the organization in hopes they can accomplish goals that improve the lives of their citizens and helps the organization move forward.  He recalled that this process started after the first of the year.  Once he was elected Chair of the Board, he asked the County Administrator if they could put together a process for goal setting.  He commented that this was not unlike any previous time being on the Board.   He said they had the first two Board meetings and then Richardson sent out an e-mail, stating it was important for the Board that they set some Board building and goal and retreat meetings to see if they could help the function of the Board to work together  as a team.  He recalled they went to the Agenda Team to propose who they would look at to host a retreat meeting.  He said Richardson did research and she made a recommendation that they look at Biles as the facilitator.  His recommendation was to come back and put together a steering committee that would set the groundwork for a retreat.  Stewart said Biles’ recommendation was to see if they could engage one of the new commissioners and one of the older commissioners as members of the steering committee.  Stewart refrained from being one of the older commissioners in hopes that either Handy or Sorenson would want to be involved in the process.  Richardson reached out for almost two months trying to get engagement by either party.  Handy chose to notify Richardson quickly that he could not be involved.  With regard to Sorenson, Stewart said Sorenson was thinking about it.  Stewart noted that the process stretched out and Richardson made a recommendation to the Agenda Team to see if Leiken could be involved and they could get the process moving forward. 

Stewart believed that outreach as been made multiple times to colleagues who feel they haven’t been part of the process.  He was concerned about the comments being made that decisions are being made in hallways that are not factual and 100 percent untrue, but one member chooses to cast doubt and disparage the Board as often as possible.  He said that was a disappointment.  He stated that the Board of Commissioners needs to be a leader for the community and the organization.  He challenged everyone at the table to get involved in the process and to do the best they can to pull together as a team and set goals and  move the organization forward because they have difficult times ahead and there is plenty of opportunity for everyone to be involved as much as they choose to.

Leiken was pleased to be a part of this.  He said he used his experience over the past 12 years in the city of Springfield with their goal sessions.  He added that they had goal sessions annually and sometimes they were offsite within their jurisdiction.  He said it gave them an opportunity to look at the accomplishments that they worked with the community on.  He added it addressed the new goals they were striving for.  He said it allowed for collaboration between the elected officials and staff.  He said this is just setting goals to identify what they can work to do together.  He thought if they could work together on common themes, it would move Lane County into a positive area and that was what he was trying to contribute.   He thought there were great opportunities to work together especially during these struggling times to collaborate not only in Lane County, but with other partners and move forward to make Lane County an excellent place to work and play.

Stewart asked if Richardson or Zoe Gilstrap could send him a reminder of all the meetings they had to date this year.  He recalled they had weeks where they met four times as a Board.  He was discouraged by the fact that statements were made that they are not meeting and making decisions.  He noted that different timber owners in the County came together and made a request to the Board to come out and they would give tours of their operations.  He added the U.S. Forest Service, the BLM, the Department of Forestry for Oregon and different private timber owners made that request.  He stated they put on the calendar three individual work sessions, one being next Tuesday.  He was surprised when two of the commissioners stated they couldn’t attend the meetings.  He said there has not been any change in practice, they always reserve Tuesdays and Wednesdays for County business.  He said those are official Board meetings and at the request of the citizens of the County to talk about spraying and fish passage and how they function and operate in governing the land.

Bozievich said this is an important process to go through for the Board.  He recalled that he was a minority on the Lane Community College Board but he was able to look at the statements for the organization and work toward those goals.  He thought at the high level they could reach consensus about the things they want to do for Lane County.  He added that from there they could establish goals and a Strategic Plan so all the employees could see how their job ties to the overall goal, mission and vision of the County.   He commented that it is important as it gives the County Administrator a powerful tool to manage the County.  He supports the process.  He was impressed by Biles and Jennifer Inman’s experience.  He said it was something they need to move forward with. 

Bozievich stated that he will not tolerate being accused of violating law in public without proof.  He gave Handy one week to bring proof.  He added if not, he will bring a motion to censure before the Board.  He stated it is not correct to accuse people of violating the law without any sort of proof.   He said this Board has not  made decisions outside of the public.  He said they have been meeting in public and that type of talk will do nothing but divide the Board further and make it more difficult for their employees to work toward a common set of goals.  He stated that they need to be leaders and they need to move forward.

Stewart was in support of Biles’ process and what Biles is recommending.   Stewart hopes they can come up with a vision, mission and to start laying the groundwork  for guiding principles and values that they can use to set a map as to where they are headed.


a.  REPORT/Legislative Committee.

Ben Nussbaum, Legislative Committee, reported that there are a couple of the County’s priority bills that are receiving hearings in the revenue committee and the Ways and Means Committee today.   He discussed revised Attachments A and B. (Copy in file).  He said they came as a result of discussions from the earlier resolution the Board approved regarding aid for Japan.  He noted in further research, Alex Cuyler,  Intergovernmental Relations Manager, found the Stafford Disaster Relief and Emergency Assistance Act is already on the books.  He noted Attachment A was an effort to use the Act to help Lane County for the harvest of timber under the U. S. Forest Plan.  He noted on Attachment A, the domestic resolution has already been adopted through the AOC process.

Stewart reported that the Legislative Committee reviewed both of these last Friday.  He said that he is Chair of the Public Lands Committee at AOC and he asked his colleagues on the committee to review Attachment A and if they would adopt it as a resolution that they would forward to NACo.  He reported the committee voted unanimously to recommend it to the Legislative and the Board of AOC.  He added at those meetings both bodies approved this resolution being forwarded.

Nussbaum explained that Attachment B is an extension of the previous resolution adopted by the Board about Japan aid.  He said it was taking the resolution and proposing it as a resolution for NACo.

Stewart recalled there was discussion about making this resolution incorporated into one.  He said because it is domestic policy and foreign policy that it would be best to separate the two items and allow them to be discussed as a resolution at NACo and not have them combined.  He noted under the Stafford Act, there is the ability to propose the disaster relief under the Act.  He said they took the idea to see how they could generate more support nationally.  He said by forwarding these two resolutions, they might see support on a national level and it might help congress move forward.

Leiken asked if there was any support resolution coming from the legislature. 

Nussbaum wasn’t aware at the state level to do that.  He said that Cuyler has been working on this.  He said to his knowledge there is no current legislation on this matter.

Leiken asked if they could get an update.  He thought this could put Lane County in a good light with regard to leadership.  He thought it could be revenue to the County.

Stewart wanted to take action on both resolutions.  He indicated that these resolutions need to be submitted to NACo for their consideration at their annual conference by June 15.  He said they could be rolled if there needed to be some language changes.

Sorenson asked they roll this over until next Wednesday.  He wanted the opportunity to put it on the website to see if there are any suggestions on how to improve it.

Handy noted there were some typing errors in the document.

Leiken asked if there was any issue for waiting a week on this.

Stewart responded that it needs to be submitted on the end of the day on June 15.

Leiken said if it was okay with staff that he would move this for one more week.

Bozievich concurred with Sorenson and Leiken to give the public a chance to see this on the website.

Richardson thanked Nussbaum for all of his work this session.

Stewart concurred with Richardson.

b.  REPORT/Community Survey Results.

Jenn Inman, Senior Management Analyst,  gave a power point presentation on the Community Survey Results.  (Copy in file).

Leiken was impressed with the responses they received.  He thought it was a good tool to use for goal setting.  He thought affordable housing was an issue.  He wanted to see if they could make improvements to that.  He commented that Oregon as a whole has a challenge with affordable housing.

Bozievich commented that Lane County has one of the best programs for roads and bridge maintenance almost nationally but people don’t necessarily know whose roads are whose.  He said they need to work collaboratively with other agencies to improve some of the key services.  He noted even though Lane County might not be giving a service in a particular area, they are being judged for the results.  He was surprised that people said they were feeling somewhat safe regarding violent crime.  He wanted people to feel very safe in their neighborhoods.   He thought they could take the overall data for the Board goal setting and utilize the results.  He noted one of the lowest scoring categories was economic development.  He said they need to do all they can to improve job opportunities for the citizens.

Handy asked for a breakdown by district.  He asked what more they could do.  He commented that staff is over strapped and they are still looking to be innovative.  He thought the service option sheets have been good.  He added that people are responding to the popular annual report.  He asked if there are ways to use tools within Lane County and the public to understand the options or issues.

Inman said in every case where they can be clear about the budget or the accounting processes or intentions, to work toward improving the public trust issue.  She wanted a clear set of goals along with strategies and an action plan to get to the same goals. She said if they could offer themselves and the community a clear set of aims for the next period of time, it will give them a mechanism to funnel the  other information.  She commented that they are floating in a sea of data and that will give them a context that is actionable.




10.  EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(d) for the purpose of discussing labor negotiations and ORS 192.660 (2)(h) for the purpose of pending litigation. 



There being no further business, Commissioner Stewart recessed the meeting at 11:05 a.m.
Melissa Zimmer
Recording Secretary