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APPROVED 1/5/00

December 8, 1999

BOARD OF COMMISSIONERS' REGULAR MEETING

Harris Hall Main Floor - 9:00 a.m.

Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC HEARINGS

a.  PUBLIC HEARING AND ORDER 99-12-8-1 Adopting the FY 1999-2000 Supplemental Budget #1 Making, Reducing and Transferring Appropriations.

David Garnick, Senior Budget Analyst, reported that it is the first supplemental budget of the year and under Oregon's Budget Law, supplemental budgets are required to appropriate unexpected or unanticipated revenues that could not have been foreseen at the time the original budget was adopted. He added because there are some changes that over 10%, if there were 10 citizens submitting something in writing, the Budget Committee would have had to been convened, but the legislature had changed their requirement. He said after the Public Hearing, the Board may take formal action.

Morrison noted #36, Public Works, totalling $70,225, she stated she added it up and it came to $71,225, on page 1.

Garnick responded that he pulls out as much information he can from the narrative and it was possible that the narrative didn't add up entirely, but the totals do add up to $70,225.

Commissioner Green opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.

MOTION: to approve ORDER 99-12-8-1.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-0 (Weeldreyer late.)

3. PUBLIC COMMENTS

Kevin Hillman, 39886 Howard Road, Marcola, spoke about the Log Creek Motocross Track owned by Eric Rogers and his family. He reported it impacts his quality of life and their children's education. He said the noise problem is still ongoing. He asked for a change of the zoning ordinance. He urged the Board to consider zoning to protect everyone.

Green responded that next Tuesday, December 14, at 1:30 p.m. there will be an afternoon session on this. He noted that those who had previously signed up to speak will be notified and John Cole will give a report.

Weeldreyer stated she wanted to do a site visit of the property before next week's work session.

4. COMMISSIONERS' ANNOUNCEMENTS

Dwyer announced that at Noon today at the Hilton, Chief Justice Wally Carson of the Oregon Supreme Court will be there for the benefit of the Wayne Morse Free Speech platform.

Weeldreyer stated she met officially for the first time and elected officers for the two regional fiber optic consortiums, and Springfield Mayor Maureen Weathers will be the Chair of the Lane Klamath Fiber Optic Consortium and Klamath County Commissioner Bill Gerrard is the Vice Chair for Fiber South. She said she was Elected Chair and Don Spangler, Coos Bay City Councilor was elected Vice Chair. She thanked the Board for its support for Lane County playing a leadership role. She reported that she was in Salem yesterday and gave testimony before the Joint Legislation on the importance of state and local governments working together to build a state enterprise network.

Morrison reported that on Friday she will be participating in a meeting at AOC on a subcommittee on public land with regard to Senate Bill 1608 and strategies after the first of the year. She said on Monday she attended the Open House on the administration's proposal on the roadless area.

Sorenson announced the Market Task Force is continuing to meet and the second meeting is tomorrow. He said the University of Oregon landscape architecture students put up a display of various ideas about the park blocks and the butterfly parking lot. He reported that he will be at Valley River Center on Saturday to read to children and on Saturday at 1:00 p.m. there will be a Tuba Christmas, and his father (who is the oldest tuba player at the festival) will be participating.

Weeldreyer reported that Stephanie Schulz was trying to set up a meeting for the regional investment board and they are looking at the afternoon of Wednesday, December 15 or Monday, December 20.

Green passed out information about a committee established to review the indirect plan for Fiscal year 2000/2001. He asked if Dean Stephens, the peformance auditor, should be a committee member.

Dwyer responded that Stephens works for the Board and it is important for him to familiarize himself with how the indirect works. He said he would favor him not being on the committee. He said an auditor needs independence.

Sorenson said he would be interested in hearing from Stephens about any strong feelings that he may have. He said he would prefer to have Stephens doing the things that the Board wants him to, and not having other responsibilities.

Weeldreyer stated with the constrained budgets, the formula for indirect costs is important to all departments. She added for them to have a sense of fairness and equity in how that will be measured, would be to have Stephens’ participation, as his skills of an auditor would be beneficial to this process. She said as a Board, they need to look at their role of making sure that the indirect policy they have is a fair one for all departments. She said there are arguments for him to be involved in the process.

Green said there is value in doing it both ways. He said he had no problems with Stephens being on the commitee, but he doesn't want a split vote of the Board.

Morrison said she wasn't sure yet.

Green reported there are two members of the Fair Board who desire to be reappointed. He added the positions had not been advertised, although the Fair Manager indicated that these two members of the Board would like to be reappointed.

Sorenson said one issue is the possible reappointment of the two Fair Board members and the other is making known to the public all of the information about committees. He said there should be a general uniform policy when positions are ending.

Van Vactor responded that current policy is published noticed. He noted that responsibility currently falls on whichever department is assgined that Board.

Wilson report that there is a statutory requirement that the Board of Commissioners make the appointment at the first meeting in January. She said there are no obvious consequences if the requirement is not met. She added it potentially puts at risk decisions made by a Fair Board of a membership that hasn't met the statutory requirements.

Green stated there is a policy in place, the notification of the vacancy did not go out. He said the Board could send a mesage to the Fair Board manager that they want this position posted so the current members that are on the board should submit an application for reappointment. He added if the Board doesn't meet the statutory requirment, then the two members seeking reappointment will continue to serve until such time that a different decision is made on the appointment.

Dwyer stated he was disappointed that the Fair Board didn’t meet their requirements to the policy.

Green encouraged the Board to read Ollie Snowden’s summary of ODOT, Region 2 Presentation. He said Lane County has to work together as a region.

Weeldreyer announced she attended the Westfir Bridge Lighting ceremony She added a number of people had approached here about the dangerous left turn off of Highway 58 to the Westfir cut off. She said it is not lighted or well-designed.

Green announced that it will be International Human Rights Day on Friday and Alicia Hays will be recognized for her involvement with human rights and diversity.

Dwyer stated he will be attending the AOC Meeting on Monday in Salem.

5. COMMISSIONERS' BUSINESS

a.  UPDATE Facilities Capital Improvement Projects (No Material).

David Suchart, Management Services, reported on the Juvenile Justice Center. He said they are having numerous difficulties trying to get the building completed. He said his best estimate for move-in will not be before February 2000.

Van Vactor asked if there was any risk with the guaranteed maximum contract because of the longer time of completion.

Suchart responded, not at this point.

Green stated that there was some letters taken off the Serbu sign at the Juvenile Justice Center.

Suchart said there was vandlism to the sign and he ordered a new sign.

Suchart noted the other projects taking place include the courthouse roof, the Wayne Morris Courthouse entry project and the Saturday Market Task Force. He also said the buildings are ready for Y2K and they will be running another generator test tonight in conjuction with the Sheriff's Department. He noted that LCOG had moved out of the building and with regard to the Federal Courthouse, no one had contacted him on the status of the location.

Sorenson stated he spoke with Mr. Pearson personally and he told the Board he would be making a decision by mid-December. He suggested to have Pearson come back for a work session with the Board.

Dwyer agreed with Sorenson. He said Lane County was out of the loop and was disappointed that Lane County wasn't allowed to have a hearing.

Morrison said she was in favor of someone coming back to the Board with a report.

Green suggested a meeting with Jay Pearson in early January and for Suchart crafting a letter to Pearson about the work session. He said he was disappointed to learn about all of this through the media.

Suchart reported he received a letter from the state saying the building is for sale, but they will not deed it to Lane County. He said he is sending a letter explaining the County is a subdivision of the state and to keep that building for Lane County as an option. He said bids were going to be received today on the Bus Barn for a fire supression system. He added he is putting together a capital improvement plan. He said with regard to the cafeteria, he has assigned that task to Jackie Mikalonis.

Mikalonis reported they are talking to interested vendors, completing an inventory and needs assessment of the facility. She added she is establishing a list of persons for a user group for feedback for final decisions.

Weeldreyer nominated Green to serve on the cafeteria group.

Green stated he would participate.

6. EXECUTIVE SESSION as per ORS 192.660

Will be held at 11:30 a.m.

7. COUNTY ADMINISTRATION

a.  Announcements

Van Vactor reported that next week there will be a rundown on Y2K preparations. He said everything is going very well.

b.  ORDER 99-12-8-2 Adopting a Priority List of Community and Economic Development Projects Under the Jurisdiction of Lane County to be Included in the State 2000 Needs and Issues Inventory Project List.

Stephanie Schulz, Rural Development, reported the list of projects under the jurisdiction of Lane County, included: the Old McKenzie Hatchery Community Education Room, Blachly Triangle Lake Emergency Preparedness Facilities and Equipment, Row River Valley Community Development Block Grant Eligibility Survey, Northwest Youth Corp. Landscaping Technology Training Project, South Lane County Telecommunication Infrastructure Capacity Study, Deadwood Community Center Improvement and Fire Haul Addition, Blue River Forest Glen and Community Transportation System Improvement. She added there were five projects that came through the solicitation process that were sponsored by other entities eligible to receive funding. She said the programs asking for support and endorsement, but were not included in the priority list under the Board's decision include: Blue River Water System Improvements, Western Lane Emergency Services Map Book, Museum of Art Renovation and Expansion at the University of Oregon, South 79th Street Water System Project in Springfield and Telecommunication for Rural Areas. She said the projects were determined by project readiness, leverage match, the amount the local community is putting in for additional funding from federal and state agencies, job and econonic impact, project location and overall value.

Green stated he was in support of this.

MOTION: to approve ORDER 99-12-8-2.

Morrison MOVED, Dwyer SECONDED.

VOTE: 5-0.

8. PUBLIC WORKS

a.  ORDER 99-12-8-3 Awarding a Contract to 2G Construction in the Amount of $294,700 for Building Remodel: New Training Facility and Woodshop Project at the Delta Complex, Contract 99/00-01a.

Dale Wendt, Public Works, stated he brought this to the Board because it was approved in the Public Works CIP program but it exceeded the budget amount of $250,000. He added the second low bidder was rejected because they thought it was an incomplete bid and they may protest the award.

MOTION: to approve ORDER 99-12-8-3.

Morrison MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

b.  ORDER 99-12-8-4 Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Reconsidered Decision Approving an Application for a Commercial Activity in Conjunction with Farm Use (file PA 99-5816/ DeFoe).

Jerry Kendall, Land Management, reported the attachment distributed this morning was the original decision. He added there was a Board Memo supplement handed out yesterday that had two pages of information submitted by the owner's consultant that constitutes new evidence. He noted the record is closed and the new evidence should not be considered by the Board in the decision to reconsider. He reported there is criteria that the Board needs to evaluate when deciding whether to hear an appeal: whether the issues raised are of countywide signficance and the findings and the board order state there are a set of circumstances in effect that are particular to this property. He said the second issue raised in the appeal reoccur with frequency and is there a need for policy guidance. He added if the Board agrees with the hearing's official report on how he handled the items in the appeal (his interpretation of the farm use ORS statute) then there is no need for policy guidance. He said there are also issues involving a unique environmental resource (it does not) and the planning director and hearing official both do not recommend review of this appeal.

Dwyer stated he was not opposed to allowing an appeal because there were some errors made.

Green agreed with the recommendation that it does not contain countywide significance. He said regarding the issues, the applicant fails on two. He supports the staff recommendation not to hear the appeal.

Morrison said she was not in favor as the applicant could not meet the criteria. She agreed with the hearing officials not allowing this to go through.

Dwyer stated he would be in favor of hearing the appeal.

Vorhes said this is an opportunity to review the issues raised in the appeal. He said the hearings official reached a decision initially, the applicant appealed the decision and raised the same issues that he is now raising before the Board. He stated the hearings official reconsidered the decision and addressed those issues. He said that decision is now appealed to the Board on the issues that are raised on appeal. He noted the applicant has asked the Board to review the hearings official's decision on the issues raised and this is the opportunity for the Board to weigh in on those issues. He added if the Board chooses not to hear the appeal, the hearing's official decision is final.

Weeldreyer supported the recommendation by the planning director and hearings official not to hear the appeal. She stated that this type of mass gathering will have an impact on the community. She said Lane County should be more specific where certain kind of events like this can happen and zone areas to make them multi-use.

Dwyer agreed that there needs to be places for these activities. He said the piecemeal destruction of agricultural land for quasi-commercial purposes, (pretending that it won't have an impact,) cannot be allowed.

Sorenson asked why the applicant was asking for a review of the decision.

Kendall responded the applicant wanted the approval expanded as there is debate as to what will be permitted outright under the Farm Use Law vs. what falls under the special use permit, and its regulation. He noted the hearings official made a division line and the applicant had a certain number of rodeos per year and non-equine events. He added what was subject to debate was the definition in the ORS of what the applicant would like to see regarding activities that are not regulated under this planning action. He said what is being addressed here is the special use permit, commercial activities in conjunction with farm use with the subcategory of rodeo-like events. He noted that at the hearing, no one showed up but the applicant himself. He said if the Board accepts his interpretation of the ORS, then they agree of the policy taken by the hearing official, and that policy will be set and it won't reoccur.

Vorhes noted the countywide significance is the issue raised in the appeal, not on the overall issues that are involved in the decision of the special use permit.

MOTION: to approve Option 2 of ORDER 99-12-8-4, not to hear the appeal.

Morrison MOVED, Weeldreyer.

Green noted there are concerns by the Board on where this activity can occur.

Sorenson stated he wanted to go for Option 3.

VOTE: 3-2 (Sorenson, Dwyer dissenting.)

Dwyer stated he agreed with Sorenson and didn't agree with Option 2.

9. CONSENT CALENDAR

A.  Approval of Minutes: October 6, 1999, Joint BCC/Westfir City Council Meeting, 6:30 p.m.

B.  Health and Human Services

1)  RESOLUTION AND ORDER 99-12-8-5 Appropriating an Additional $203,565 in Revenue and Expenditures in Fund 286 for Individuals with Developmental Disabilities; Granting Authority to the County Administrator to Sign a Contract with Special Mobility Services in the Amount of $407,130.

2)  ORDER 99-12-8-6 Delegating Authority to the County Administrator to Amend Agreements with the Oregon Family Support Network in the Amount of $200,000 for Family Ally Services for the Period September 1, 1999 Through August 31, 2000, and in the Amount of $23,000 for Families in Isolation Services for the Period October 1, 1999 Through September 30, 2000.

C.  Management Services

1) ORDER 99-12-8-7 Authorizing the Sale of Surplus County Owned Real Property to Billy R. Gilstrap and Dorothy J. Gilstrap (Map #17-05-29-44-02800, Adjacent to 26092 Marina Road, Veneta).

D.  Public Works

1)  ORDER 99-12-8-8 Awarding a Contract to Farwest Truck Center in the Amount of $119,611 for the Purchase Of One (1) New, Truck Chassis Mounted Knuckleboom/Packer, Contract 99/00 FS-01(a).

2)  ORDER 99-12-8-9 Releasing, Dedicating and Accepting Parcel "B" & Parcel "C", Lynnbrook II, Phase I, File 73, Slide 418 & 419 Parcels of County Owned Real Estate, as County Roads (17-04-03) (Tyson Lane and Shenstone Drive).

3)  ORDER 99-12-8-10 Accepting a Deed of Land to be Used as a Public Road Easement for Conrad Road (17-05-20-3).

MOTION: to approve the Consent Calendar.

Morrison MOVED, Sorenson SECONDED.

VOTE: 5-0.

10. HEALTH AND HUMAN SERVICES

a.  ORDER 99-12-8-11 Holding a Public Hearing and Accepting Revision #4 to the 1999-2000 Oregon Health Division Grant; Reducing Appropriations of Revenues and Expenditures by $23,736 in Fund 286 in the Department of Health and Human Services (34); and Authorizing the County Administrator to Sign the Revision

Commissioner Green opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.

MOTION: to approve ORDER 99-12-8-11.

Dwyer MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

11. EMERGENCY BUSINESS

None.

There being no further business, Commissioner Green recessed the meeting into Executive Session at 11:30 a.m.

Melissa Zimmer

Recording Secretary

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