APPROVED 10/18/95

September 6, 1995
REGULAR MEETING -- BOARD OF COMMISSIONERS
Harris Hall Main Floor -- following HACSA

Chair Ellie Dumdi presided with Steve Cornacchia (present from beginning of meeting until 9:40 a.m.), Bobby Green, Sr., Jerry Rust and Cindy Weeldreyer (arrived at 9:11 a.m.) present. Sharon Giles, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Neale Hyatt, 740 Madison, spoke regarding Item 9.C.1, dealing with a tax refund for DAG Trust Partnership on property which he asserted contains wetlands upon which Hyundai plans to build their new plant. He stressed that during the time period when this refund was being reviewed, the DAG Trust Partnership was negotiating with Hyundai and eventually sold the property for $5 million, after turning down another offer for $3 million. Hyatt stated that this information was not given to hearing examiners, thus a tax rebate of $170,000 is inappropriate. Rust indicated that he had asked Teresa Wilson, County Counsel, to be prepared to respond to this contention. Wilson commented that the statute regarding refunds is mandatory upon order of the Department of Revenue. She stated that the critical timeframe being discussed is this year and that the assessments that were reduced were for 1991-92 and 1992-93 before negotiations on the property began. Wilson indicated that the evidence that Hyatt is asserting should have been presented was not relevant to the valuation of the property for those assessment years. She later clarified that the ability of the property owners to market or to obtain interested parties during the relevant years is of more weight. Weeldreyer arrived at 9:11 a.m. Responding to Cornacchia, Wilson noted that the County appraiser testified as a witness for the Assessor. Cornacchia stressed that he was interested in hearing from Mr. Gangle and would like him to explain his department's performance in this particular case, particularly with regard to any evidence that should or should not have been placed in the record relative to the impending sale; and the possibility of reconsiderations/appeals in the event that the record was not complete. There was consensus that the portion of Item 9.C.1. dealing with DAG Trust Partnerships be held over, with the balance available for approval on the Consent Calendar today, and that Gangle report back on the issue at the next meeting in two weeks.

3. COMMISSIONERS' ANNOUNCEMENTS

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

4. COMMISSIONERS' BUSINESS

a. ORDER 95-9-6-1/In the Matter of Authorizing Lane County Public Works to Expend an Amount Not to Exceed $100,000 for the Construction of a Public Road to Serve the United States Basketball Academy.

Cornacchia introduced Bruce O'Neil, President of the United States Basketball Academy, and then briefly discussed this item (see material on file). He noted that the property is not industrial, so there is a question regarding whether EDAP funding is appropriate. Cornacchia indicated that the zoning is unique - a mix between recreational and commercial. He recommended that resources for this road project come from the road fund. Cornacchia noted that the Academy is considered by many people to be the number one economic development exercise in the McKenzie River/Blue River/Highway 126 corridor and observed that this area has not received much in the way of funding in the past. Cornacchia stated that this may have to be a county project as there is no city to pass funds through. He noted that it may be possible for this to be contracted by the County, but using private sector folks. Cornacchia suggested that Van Vactor determine the most expeditious way to fulfill this request. Responding to Dumdi, Cornacchia indicated that the Code requires that EDAP funding be not only for economic development, but for industrial uses and family wage jobs.

O'Neil spoke briefly about the project, noting that the Academy has exclusively used builders from the McKenzie valley. He estimated that there will be 30 jobs on a year around basis, in addition to 30 seasonal employees. O'Neil stated that the Academy will have approximately 4,000 youngsters every summer and will create substantial tourism.

Green indicated that he was supportive, but noted that public subsidy brings up the accessibility for general public. He asked whether there will be scholarships and mentoring programs. O'Neil responded that they are initiating coaches' certification and that Bank of America, one of their sponsors, offers free programs both locally and nationally. He indicated that the Academy has budgeted 10 scholarships per week and that sponsors have added more scholarships. O'Neil remarked that they are developing a mentor program to speak in schools about crime, creating a curriculum regarding awareness of crime.

MOTION: Approval of the Order. Green MOVED, Weeldreyer SECONDED. Rust remarked that this fits into plans related to making the McKenzie area a destination point. Weeldreyer remarked on the excitement over this project in the McKenzie Valley. Wilson clarified that the $100,000 includes engineering and project costs. VOTE: 5-0.

Cornacchia was excused to return to jury duty at 9:40 a.m. At this time the meeting was recessed into the HACSA Executive Session, to reconvene at 10:05 a.m.

b. ORDER 95-9-6-2/In the Matter of Amending Chapter 4 of Lane Manual to Add New Provisions to Lane County's Financial Management Policies (LM 4.010(18) and (19).

Dumdi briefly reviewed this item (see material on file). Bill Van Vactor, County Administrator, provided additional comments, noting that this is being done at this time to provide written documentation for Moody's Investors related to the bond rating for the Juvenile Justice Center. Green observed his support of the prudent person reserve.

MOTION: Approval of the Order. Green MOVED, Rust SECONDED. VOTE: 4-0.

5. RESOLUTIONS

a. RESOLUTION 95-9-6-24/In the Matter of Recognizing the Salvation Army's 100 Years of Service in Lane County.

Rust commented briefly on the services provided by the Salvation Army.

MOTION: Approval of the Resolution, with the Order being amended to reflect that the month of October is Salvation Army month. Rust MOVED, Weeldreyer SECONDED. VOTE: 4-0.

6. EXECUTIVE SESSION as per ORS 192.660

None.

7. COUNTY ADMINISTRATION

a. Announcements

Van Vactor discussed the statutory deadline of September 15 regarding a resolution dealing with the intent of interest in obtaining construction funds in response to SB 1145, He noted that the Public Safety Coordinating Council will be discussing this issue on September 8 and suggested the need for a special board meeting prior to September 15 to adopt a resolution. There was tentative consensus to schedule that special meeting for September 13 at 11:30 a.m.

b. ORDER 95-9-6-3/In the Matter of Terminating the City of Coburg Enterprise Zone.

Peter Thurston, Economic Development Coordinator, briefly reviewed this item.

MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED. Weeldreyer observed protection for current businesses for up to ten years. Green asked whether there had been any conversation with Coburg's elected officials on potential long-term impacts of this decision. Thurston indicated that these considerations had been discussed by the Coburg City Council. Weeldreyer noted that there have been concerns regarding growth in the area related to keeping Coburg a rural country town. Rust observed his desire to implement Coburg's request. VOTE: 4-0.

8. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1077/In the Matter of Naming a Private Road Nicholson Road.

Dumdi read this Ordinance into the record. MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for October 18, 1995, at 1:30 p.m., Harris Hall. Rust MOVED, Green SECONDED. VOTE: 4-0.

b. SIXTH READING AND SETTING SEVENTH READING AND FINAL ACTION/Ordinance PA 1072/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural," Rezoning that Land from "E-30/Exclusive Farm Use" to "RR-5/Rural Residential 5," and Taking Exceptions to State-wide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 0229-95; Henton).

Dumdi read this Ordinance into the record. MOTION: Approval of the Sixth Reading and Setting Seventh Reading and Final Action for September 20, 1995, Harris Hall. Rust MOVED, Green SECONDED. VOTE: 4-0. (Wilson later observed new text changes and the addition of the Findings.)

9. CONSENT CALENDAR

A. Approval of Minutes: June 7, 1995, Regular Meeting, 8:30 a.m.June 7, 1995, Regular Meeting, 1:30 p.m.June 13, 1995, Work Session, 9:00 a.m.June 13, 1995, Work Session, 1:30 p.m. June 20, 1995, Leadership Team, 9:00 a.m. August 8, 1995, Work Session, 9:00 a.m. August 8, 1995, Hwy 58 Public Hrg, 2:00 p.m. August 8, 1995, Hwy 58 Public Hrg, 6:30 p.m. August 9, 1995, Regular Meeting, 9:00 a.m. August 9, 1995, Joint BCC/Fair Board, 11:30 a.m. August 9, 1995, Regular Meeting, 1:30 p.m.

B. County Administration

1) ORDER 95-9-6-4/In the Matter of Awarding a Subcontract in the Amount of $97,710, and Delegating Authority to the County Administrator to Sign Subcontract With Addiction Counseling and Educational Services, Inc. to Deliver Intensive In-Custody and Outpatient Alcohol and Drug Treatment Services for Offenders.

2) ORDER 95-9-6-5/In the Matter of Awarding a Subcontract in the Amount of $211,224, and Delegating Authority to the County Administrator to Sign Subcontract With Sponsors, Inc. to Provide Transitional Housing and Case Management Services to Male Parolees, Female Offenders and Sex Offenders.

3) ORDER 95-9-6-6/In the Matter of Granting the County Administrator the Authority to Approve and Execute an Intergovernmental Agreement With Oregon Judicial Department in the Amount of $72,431 for the Operation of a Pretrial Supervision Program in Lane County.

4) ORDER 95-9-6-7/In the Matter of Approving an Intergovernmental Agreement Between Lane County and Lane Council of Governments for Telecommunications System Management for FY 95-96.

C. Assessment and Taxation

1) ORDER 95-9-6-8/In the Matter of Refunds to H.J. Heinz Company and David E. Carmichael, Attorney; Bohemia/Willamette Industries, Inc; DAG Trust Partnership, D.E. Cash and Others and David E. Carmichael, Attorney; Neste Resins Corporation and Christopher K. Robinson, Taxpayer Representative; and DBSI-TRI XXI, aka Pacific Village Apartments and David L. Canary, Attorney. (Pulled)

D. Children and Family Services

1) ORDER 95-9-6-9/In the Matter of Delegating Authority to the County Administrator to Execute Contracts for Healthy Start Services With Birth to Three for $7,500 and Catholic Community Services for $223,000.

E. Human Resources and Management Services

1) ORDER 95-9-6-10/In the Matter of Authorizing the Sale of Surplus Owned County Property to David L. Church (Map #19-12-02-42, Tax Lots 100, 400, 2100, 2200 Located in the Amended Plat, El Carmel, in Glenada) and Voiding a Portion of Board Order 90-7-25-6.

2) ORDER 95-9-6-11/In the Matter of Authorizing the County Administrator to Execute a One Year Renewal of the Materials and Services Contract with Diamond Parking Inc. for Management of County-Owned Parking Facilities.

3) ORDER 95-9-6-12/In the Matter of Award of Bid of RFP LCP 94/95-11 for Requirements Purchase of Professional Services for Integrated Design Services.

4) ORDER 95-9-6-13/In the Matter of Award of Bid of RFP LCP 94/95-12 for Requirements Purchase of Professional Services for Engineering Services.

F. JTPA

1) ORDER 95-9-6-14/In the Matter of Establishing an Employment Specialist I Position.

G. Public Safety

1) ORDER 95-9-6-15/In the Matter of Authorizing a Personal Services Agreement With Law Enforcement Psychological Services, Inc.

H. Public Works

1) ORDER 95-9-6-16/In the Matter of Awarding a Contract to Philip Environmental for Collection and Disposal Services for Lane County's Household Hazardous Waste Program.

2) ORDER 95-9-6-17/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Perkins Road (18-05-06).

3) ORDER 95-9-6-18/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement and County Road for Garoutte Road (21-02-07)

4) ORDER 95-9-6-19/In the Matter of Vacating a Portion of County Road Number 730 (O.S. Phelps Road), Without a Public Hearing, and Adopting Findings of Fact (17-12-35).

5) ORDER 95-9-6-20/In the Matter of Amending the U.S. Army Corps of Engineers Lease at North Shore Park on Lookout Point Reservoir to Increase the Lease Area by 19 Acres and Delegating Authority to the County Administrator to Sign the Lease Agreement.

Dumdi observed the Board's consensus to pull Item 9.C.1. for discussion.

MOTION: Approval of the balance of the Consent Calendar. Rust MOVED, Weeldreyer SECONDED. VOTE: 4-0.

C. Assessment and Taxation

1) ORDER 95-9-6-8/In the Matter of Refunds to H.J. Heinz Company and David E. Carmichael, Attorney; Bohemia/Willamette Industries, Inc; DAG Trust Partnership, D.E. Cash and Others and David E. Carmichael, Attorney; Neste Resins Corporation and Christopher K. Robinson, Taxpayer Representative; and DBSI-TRI XXI, aka Pacific Village Apartments and David L. Canary, Attorney.

MOTION: Approval of this Order, removing references to DAG Trust Partnership, and approving the balance of the Order. Rust MOVED, Green SECONDED. VOTE: 4-0.

10. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 95-9-6-21/In the Matter of Appointing Three (3) Members to the Human Rights and Affirmative Action Advisory Committee.

Cheryl McCawley briefly reviewed this item.

MOTION: Approval of the Order appointing Shanisse Howard, Becky Couch-Goodling and Ben Kirk to the Affirmative Action Advisory Committee. Green MOVED, Weeldreyer SECONDED. Various commissioners observed the excellent qualifications of the appointees. VOTE: 4-0.

(This item is a YOUTH SERVICES matter.)

b. ORDER 95-9-6-22/In the Matter of Approving the Issuance of a Request for Proposals for Project Management of the Juvenile Justice Center.

Steve Carmichael provided a brief update, indicating that they are halfway through the selection process for an architectural firm. He remarked that there are three finalists. With regard to the youth correction facility, Carmichael indicated that the state has put Lane County's application on hold until all proposals are reviewed and the partnership is considered. With regard to project management, Carmichael remarked that Lee Fish has been working on this matter and has developed the recommendation. Fish highlighted the rationale behind the recommendation (see material on file). There was consensus that the Board desires to see the ranking on RFP candidates for the architect and project manager.

MOTION: Approval of the Order. Rust MOVED, Green SECONDED. VOTE: 4-0.

11. EMERGENCY BUSINESS

None.

3. COMMISSIONERS' ANNOUNCEMENTS

Rust indicated that he and Dumdi would be meeting to discuss the presentation of a bronze bust of the late Senator Wayne Morse, noting that the public unveiling is scheduled for Wednesday of next week at 11:45 a.m. Rust stated that he had received a letter from Major Defoe, dated August 31, asking that Land Management's compliance order be reviewed with regard to the fire wall/bleachers issue. Weeldreyer remarked that the compliance order also deals with a number of buildings that have been constructed without permits. Rust indicated that he was interested in seeing resolution to both issues. Van Vactor commented that there would be a report back on this matter at the next meeting in two weeks, with perhaps a portion of the discussion be held in executive session.

Green thanked Board for its indulgence last week while he performed fatherly duties related to getting his six children back to school.

Weeldreyer remarked that she and Green would be participating in an informal discussion this afternoon with a number of Lane County leaders regarding new science on how organizations are structured.

Dumdi distributed a draft resolution with regard to the Oregon Coastal Zone Management Association (OCZMA), indicating that they are seeking support for a resolution relating to the salmon fishing industry. She asked the Board to review the draft and be prepared to discuss this matter during the afternoon session.

Dumdi referred to a letter from Governor Kitzhaber regarding diversity on the local Public Safety Coordinating Councils. Van Vactor indicated that the letter could to be put in the Board's upcoming packet related to appointments for the local council.

Dumdi indicated that during the AOC District meeting regarding SB1145 it had been suggested that a visit be arranged to the State of Oregon correction facilities, with a date being set for Monday, September 11, which conflicts with the Board's Leadership Team meeting on the same day. There was consensus to ask that another date be scheduled. Responding to Green, Dumdi stated that she would check into the state's policy regarding prisons not giving in to hostage demands.

Dumdi asked Board members for a list of items for discussion at the upcoming District 4 and 5 meetings on September 25 and 26.

Dumdi referred to a letter regarding Oakridge's EPA designation with respect to reduction of wood stove smoke. She indicated that there is a request that the county work with Oakridge and LRAPA to develop a consistent approach to guidelines in the county area similar to those within the city limits. Dumdi gave the letter to Weeldreyer.

Weeldreyer congratulated Oakridge city manager Wes Hare on his new job in LaGrande and complimented him on his effective years of service in Oakridge.

There being no further business, this meeting adjourned at 11:10 a.m.

Sharon Giles, Board Secretary