APPROVED 11/1/95

September 19, 1995
WORK SESSION -- BOARD OF COMMISSIONERS
Commissioners' Conference Room -- following HACSA

Chair Ellie Dumdi presided with Bobby Green, Sr., Jerry Rust and Cindy Weeldreyer present. Steve Cornacchia excused. Sharon Giles, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

Bill Van Vactor, County Administrator, indicated that there were no adjustments for today's agenda, but that there may be two items of Emergency Business for tomorrow's agenda.

2. PUBLIC COMMENTS

G. V. Stathakis, 3713 East 14th, Glenwood, stated that he is the director of the Wayne Morse Youth Program and distributed a letter detailing a request asking the Board to officially change the boundaries previously designated as the Wayne Morse Free Speech area on the terrace of the Courthouse/Public Service Building. He indicated that the previous area is in the way of established foot traffic, particularly on Saturdays during the Saturday Market. Stathakis remarked that the group "activates" the terrace, by offering a microphone and podium for public speakers. He suggested that the designation be changed to an area on the far north side, along the raised bench and grass, between the flag poles. Van Vactor noted that there is an agreement with the Wayne Morse Historical Park Board that will need to be amended. He indicated that he would look up the agreement, check with Risk Management and Maintenance, in addition to having the area sketched out in chalk in order to have an opportunity to visualize the change before it occurs. There was consensus that this would be brought back before the Board in two weeks.

Natalie Whitson, 2682 Madison, stated that she is a VISTA volunteer and has worked with the Wayne Morse Youth Program. She spoke in support of the change in designation for the Wayne Morse Free Speech area.

Dave Tusing, 2785 Riverview, also spoke in support of the change in designation for the Wayne Morse Free Speech area. He commented that video taping of speeches has been done and excerpts will be broadcast on Public Access.

Scott Macdonald, 5495 North A Street, indicated his support of changes in the designation of the Free Speech podium.

3. COMMISSIONERS' ANNOUNCEMENTS

To be held at approximately 10:40 a.m.

4. COMMISSIONERS' BUSINESS

None.

5. EXECUTIVE SESSION as per ORS 192.660

To be held later today or tomorrow.

6. COUNTY ADMINISTRATION

a. Announcements

Van Vactor spoke with regard to the County Administrator's ability to execute agreements under $25,000. He indicated that he had recently renewed the lease on the Bus Barn for one year, noting that he wanted to make the Board aware of this matter.

Van Vactor indicated that he had toured the Short Mountain facility last week, noting that he was impressed with the magnitude of the improvements. He encouraged the Board to go out to see the facility.

Van Vactor remarked that the AOC Conference is November 14-15-16, which is a scheduled Board meeting week. There was consensus to move the necessary meeting back one week, with Van Vactor indicating that staff would check on air, rail and auto travel options.

b. DISCUSSION/Lane County Contracting Practices with Non-Profit Corporations.

Donna Lattin, Chuck Forster, Rob Rockstroh, Steve Carmichael and Linda Eaton were present for the discussion. Van Vactor stated that Lane County does a lot of work through contracts with non-profit organizations.

Forster remarked that JTPA follows an open and competitive process, outlining the details of the process. Eaton reported that Health and Human Services is generally in partnership with the state and that they follow the County's RFP process and H&HS's own process, a copy of which was distributed. Rockstroh reported that H&HS contracts with for-profit, as well as non-profit corporations.

Responding to Green, Rockstroh indicated that even though a provider/contractor has been very successful, there is no automatic renewal with a particular agency based on their past performance. Steve Carmichael indicated that Youth Services is a service provider and does not act as a pass-through for other funding. He indicated that their monitoring of programs is more day-to-day and case-by-case. Lattin observed that their contract process is an open and fair process with checks and balances.

7. ASSESSMENT AND TAXATION

a. REPORT BACK/In the Matter of Refunds to DAG Trust Partnership, D. E. Cash and Others and David E. Carmichael, Attorney. (Pat Siegmund, Roger Skelton)

Pat Siegmund noted that there are two Orders for presentation to the Board: one for Pacific Continental Bank and one for the two properties at the Willow Creek area. She presented a new Order for the Willow Creek property, which she explained is the result of a phone call from attorney Carmichael last evening regarding a building being omitted from one of the accounts. Roger Skelton explained that A&T is doing less at the Department of Revenue with regard to appeals, and that the policy is that there will be attendance at appeals if the assessor appealed, or if it was a high profile property. He remarked that the impetus for this property was the wetlands and its high dollar amount but not for its dealings with Hyundai at that time. He reported that this situation met the criteria and an appraiser responded to the appeal on the wetlands property. Skelton indicated that appraiser Chip Cool responded to that hearing, noting that the thrust of the hearings was how much of an adjustment should be made on the basis of wetlands. He commented that Cool had recommended a substantially lower adjustment than the one finally determined. Skelton reported that the property is reportedly being sold this year, whereas the value years being discussed are 1991-93. Rust noted that the final Order was entered in June of 1995 and the offer/sale was prior to that time. He asked if the hearings official had known that or whether anyone had an obligation to report that before the final order was entered.

Teresa Wilson, County Counsel, spoke with regard to whether or not there was an obligation to tell the hearings official, noting that the process involved response to cross-examination/ questioning. She indicated that even if there is an obligation to reveal something, it is difficult to determine the question of whether there was fraud. Wilson stated that if there was an actual sale, then that is a demonstration of the marketplace value, while an offer is much less evidence as it is not a completed transaction.

Rust asked the appraiser(s) if they would like to have known that an offer had been made prior to the final order being entered, and, if they had known, what they would have done with the information. Skelton remarked that a 1995 offer would be of low relevance to a 1991 discussion. He observed that the record on this matter closed March 2, 1995. Rust asked if there is any mechanism for entry of relevant information until a final order is entered. Skelton responded affirmatively, indicating that it is at the discretion of the hearings officer whether to allow the record to remain open. Green agreed with Skelton's assessment regarding the offer not constituting a consummate deal. He asked 1) what were the obligations of the assessor and 2) were they carried out. Siegmund indicated that when opinions come from the Department of Revenue, the obligation is to make changes to the assessed values. Referring to Carmichael's document, Green asked Siegmund if she agreed with Carmichael's point that the refunding of those monies, while required by Lane Code, is perfunctory not discretionary. Siegmund agreed that that is an accurate statement. Dumdi concurred that the dates in question were prior to any consideration being made on the property and that, at the time the hearing was held, they didn't know that an offer was going to be made on the property.

Responding to Rust's question about adoption of the Eugene Wetland Plan allowing mitigation, Dave Evans reported that the A&T position is that there is no differentiation between wetlands and wetlands that can be mitigated, because the cost of mitigation is so high. Rust asked if creation of the Eugene Enterprise Zone figures into value. Evans remarked that it has no influence if the land is bare (has no improvements). Rust asked about the significance of the new information about the building, questioning how that happened. Siegmund replied that when accounts are paid off, they are purged from the computer; consequently when that happened, the building was omitted. She observed that it was pointed out by Carmichael. Siegmund indicated that staff will be looking at their internal procedures to make sure this doesn't happen again. Wilson recommended that the first Order, related to Pacific Continental, be approved, and also recommended that the new Order from A&T regarding Willowcreek be approved.

1. ORDER 95-9-19-1/In the Matter of Refunds to DAG Trust Partnership, D. E. Cash and Others and David E. Carmichael, Attorney.

MOTION: Approval of the Order dealing with the Pacific Continental Bank Building. Green MOVED, Weeldreyer SECONDED. VOTE: 4-0.

2. ORDER 95-9-19-2/In the Matter of Refunds to DAG Trust Partnership, D.E. Cash and Others and David E. Carmichael.

MOTION: Approval of the Order dealing with the newly-presented Order relating to the Willow Creek properties. Green MOVED, Weeldreyer SECONDED. Green noted that the issue from the public has been responded to and he is satisfied that the public interest has been served. He remarked that he has not heard anything that would indicate that the process was unfair. Rust noted that when the Department of Revenue refunds, it appears that it is the Board's duty to order that; but in this case, he feels that there was some relevant information that was available prior to the June finalization of the Order, so he will vote no. Dumdi observed that the decisions on this were all made prior to this spring's activity and that the information was presented without knowledge of any offer. Rust noted that this alerts the Board and staff to issues of valuation regarding mitigation of wetlands and he asked appraisers to look more closely at this in the future. VOTE: 3-1, Rust dissenting.

3. COMMISSIONERS ANNOUNCEMENTS

Van Vactor reported on a telephone call from David Suchart this morning indicating that bond counsel has informed the County that the Juvenile Justice Center bonds had six bidders, with the successful bid being at .522180 (less than 5 l/4%) which is an excellent rate. He noted that this will save taxpayers significant dollars over the 20 years. Rust suggested a press release to relay this information to the public.

Green reported on last night's meeting with the Eugene City Council and spoke with regard to the presentation regarding the sheriff's levy. He noted that Council members were interested in dollar figures and are requesting more information. Green indicated that they have asked that the proposal also go through their Public Safety committee on Thursday. Rust stated that the concept had been conveyed and the Council had expressed concerns regarding compression. He remarked that it was a healthy discussion and that it is important to work with the Council.

Weeldreyer noted that the McKenzie Watershed Council is putting their fish and wildlife habitat results out for review.

Weeldreyer stated that she will be representing Lane Community College as its Board Chair at the national convention in Seattle and will be leaving Lane County's board meeting tomorrow about 11:00 a.m. She mentioned issues regarding Item 7(c) on Wednesday's agenda, noting McKenzie corridor concerns regarding zoning density. Weeldreyer asked that Items 7(c), 7(d) and 7(e) be moved up on the agenda so that she could be present. With regard to a letter from Mr. Grier, Teresa Wilson, County Counsel, indicated that she will have Stephen Vorhes look at the letter to see when it is appropriate for submission.

Dumdi remarked that she had attended a new conference yesterday afternoon related to a new revolving loan fund for rural communities ($2 million). She reported that businesses can access up to $150,000.

Dumdi announced that John Ball is now the permanent appointment as director of the Children and Families Department.

Dumdi reported on a presentation tomorrow night by the Republican Women's Club regarding "Are we winning the war on drugs?"

Dumdi commented on the Traffic Safety Committee and a request for commissioners' referrals for appointments to the committee.

This meeting recessed at 11:00 a.m. to reconvene at 11:17 a.m.

8. JTPA

a. DISCUSSION/Update on the Southern Willamette Private Industry Council.

Chuck Forster, SWPIC Executive Director, Cheri Courtnage, Chair of the SWPIC Board and Michael Buckley, District Manager for Adult and Family Services, SWPIC Board Member, reviewed the agenda memorandum (see material on file) and shared information via overhead projection regarding an overview of SWPIC, information on federal workforce legislation and an overview of JOBS PLUS. Green asked for a discussion at a future time regarding kids who don't meet the financial criteria but who could benefit from the program. Van Vactor indicated that he would like to discuss issues regarding SB 1117 with the Management Team and asked that Forster prepare a draft agenda item for this purpose for future inclusion in the Board's agenda. Van Vactor also suggested that the Board review issues of accountability regarding appointment of the Private Industry Council to the role of the Implementation Council (associated with SB 1117). There was consensus that future reports from SWPIC be on a semi-annual basis.

9. EMERGENCY BUSINESS

None.

There being no further business, this meeting adjourned at 12:05 p.m.

Sharon Giles, Board Secretary