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THESE MINUTES WERE BOARD APPROVED ON Legal Meeting Tuesday March 15 2011 9 00 a m BCC Conference Room 3 Attending Commissioners Simon G Hare and Dwight F Ellis Sandi Cassanelli attending BOPTA Steve ich Leah Harper and Pat Ellison Legal Rosemary Padgett CFO Terri Wharton Recorder media and other interested persons Vice Chair Hare called the meeting to order at 9 00 a m Items were taken out of order due to guests present Vice Chair Hare called for Executive Session at 9 04 a m Minutes filed separately 1 EXECUTIVE SESSION ITEMS a UPDATE REPORT REGARDING PENDING OR THREATENED LITIGATION AND QUASI JUDICIAL BCC FUNCTIONS ORS 192 660 2 h 1 Buswinka v Josephine County US District Court Case No 10CV03033 PA 2 Copeland Blasting Violation Mahannah Mining Site item 1 3 Solid Waste Nuisance Abatement Fraim Geraldine and Carol 1060 Lakeshore Drive Selma 4 Solid Waste Nuisance Abatement Haney Daniel Heather 9202 Monument Drive Grants Pass 5 Solid Waste Nuisance Abatement Carrero Catherine 346 Fir Canyon Rd 6 Josephine County v Carel Bainum Case No 06CV0147 7 Request from Jack Swift Discussion regarding 1937 OC Act potential litigation Executive Session adjourned at 10 48 a m 1 DISCLOSURESEXPLANA TIONS RE PROPRIETARY AND CONTRACTUAL OBLIGATIONS Agenda Item 5 a Draft Agreement for the Installation of Artwork on Public Property Linda Hugle Josephine County Cultural Coalition explained their ideas of placing artwork in Josephine County the process they go through and how they chose the artist She discussed several items they would like included in the Agreement and the Board agreed She said the Cultural Coalition would pay 500 towards the installation lighting etc Michael Bird reported that he has talked with the City of Grants Pass and there are no permits required Sieve Rich said as soon as the Cultural Coalition signs and returns the Agreement it can be scheduled for Board approval b Parks Usage Agreement Mystic Garden Events Followed Agenda Item 6 Leah Harper explained that Mystic Garden Events has requested an event for this summer that has been approved by the Park s Manager She is asking the Board for approval to use the new Park Usage Agreement form Commissioner Ellis made a motion to approve the Parks Usage Agreement with Mystic Garden Events as presented seconded by Commissioner Hare Upon roll call vote motion carried 2 0 Commissioner Ellis yes and Commissioner Hare ves Steve Rich explained that Legal was asking for approval to use the new form Commissioner Ellis made a motion to approve the use of the Parks Usage Agreement in general seconded by Commissioner Hare Upon roll call vote motion carriea 2 0 Commissioner Ellis ves and Commissioner Hare yes 2 ITEMS FROM COMMISSIONERS None reported 3 LEGISLATIVE ADMINISTRATIVE FUNCTIONS item 2 a Mass Gathering Ordinance Draft Commissioner Hare asked for additional time to review the Ordinance Commissioner Ellis asked if the Ordinance was going to include parades and if the Mass Gathering Agreement would take precedence over the Park Usage Agreements Leah Harper agreed that parades should be included in the Ordinance and said the Mass Gathering Agreement would take precedence but both Agreements would still be needed Legal Counsel said they would bring this back at a later date 4 ISSUES OF CONCERN REGARDING GRANT APPLICATIONS AWARDS None reported 6 INTERGOVERNMENTAL RELATIONSHIPS None reported Commissioner Ellis made a motion regarding Buswinka v Josephine County to direct Legal Counsel to initiate the enforcement process through the Planning Department to enforce the Planning Code on this property seconded by Commissioner Hare Upon roll call vote motion carried 2 0 Commissioner Ellis yes and Commissioner Hare ves These are meeting minutes only Only text enclosed in quotation marks reports a speaker s exact words For complete contents of the proceeding please refer to the audio recording

THESE MINUTES WERE Legal Minutes.pdf · 2011. 3. 25. · THESE MINUTES WERE BOARD APPROVED ON Legal Meeting Tuesday March 15 2011 900amBCC Conference Room 3 Attending Commissioners

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  • THESE MINUTES WEREBOARD APPROVED ON

    Legal Meeting Tuesday March 15 2011 900am BCC Conference Room 3Attending Commissioners Simon G Hare and Dwight F Ellis Sandi Cassanelli attending BOPTA Steve ich Leah Harper andPat Ellison Legal Rosemary Padgett CFO Terri Wharton Recorder media and other interested persons

    Vice Chair Hare called the meeting to order at 900 am Items were taken out of order due to guests present

    Vice Chair Hare calledfor Executive Session at 904 am Minutes filed separately

    1 EXECUTIVE SESSION ITEMS

    a UPDATEREPORT REGARDING PENDING OR THREATENED LITIGATION AND QUASIJUDICIAL BCCFUNCTIONS ORS 1926602h1 Buswinka v Josephine County US District Court Case No 10CV03033PA2 Copeland Blasting Violation Mahannah Mining Site item 13 Solid Waste Nuisance Abatement Fraim Geraldine and Carol 1060 Lakeshore Drive Selma4 Solid Waste Nuisance Abatement Haney Daniel Heather 9202 Monument Drive Grants Pass5 Solid Waste Nuisance Abatement Carrero Catherine 346 Fir Canyon Rd6 Josephine County v Carel Bainum Case No 06CV01477 Request from Jack SwiftDiscussion regarding 1937 OC Act potential litigation

    Executive Session adjourned at 1048 am

    1 DISCLOSURESEXPLANATIONS RE PROPRIETARY AND CONTRACTUAL OBLIGATIONS Agenda Item 5a Draft Agreement for the Installation of Artwork on Public PropertyLinda Hugle Josephine County Cultural Coalition explained their ideas of placing artwork in Josephine County the process they

    go through and how they chose the artist She discussed several items they would like included in the Agreement and the Boardagreed She said the Cultural Coalition would pay 500 towards the installation lighting etc Michael Bird reported that he hastalked with the City of Grants Pass and there are no permits required Sieve Rich said as soon as the Cultural Coalition signs andreturns the Agreement it can be scheduled for Board approval

    b Parks Usage Agreement Mystic Garden Events Followed Agenda Item 6Leah Harper explained that Mystic Garden Events has requested an event for this summer that has been approved by the Parks

    Manager She is asking the Board for approval to use the new Park Usage Agreement formCommissioner Ellis made a motion to approve the Parks Usage Agreement with Mystic Garden Events as presented seconded byCommissioner Hare Upon roll call vote motion carried 2 0 Commissioner Ellis yes and Commissioner Hare ves Steve Richexplained that Legal was asking for approval to use the new form

    Commissioner Ellis made a motion to approve the use of the Parks Usage Agreement in general seconded by Commissioner HareUpon roll call vote motion carriea 2 0 Commissioner Ellis ves and Commissioner Hare yes

    2 ITEMS FROM COMMISSIONERS

    None reported

    3 LEGISLATIVEADMINISTRATIVE FUNCTIONS item 2

    a Mass Gathering Ordinance DraftCommissioner Hare asked for additional time to review the Ordinance Commissioner Ellis asked if the Ordinance was going to

    include parades and if the Mass Gathering Agreement would take precedence over the Park Usage Agreements Leah Harper agreedthat parades should be included in the Ordinance and said the Mass Gathering Agreement would take precedence but bothAgreements would still be needed Legal Counsel said they would bring this back at a later date

    4 ISSUES OF CONCERN REGARDING GRANT APPLICATIONSAWARDS

    None reported

    6 INTERGOVERNMENTAL RELATIONSHIPS

    None reported

    Commissioner Ellis made a motion regarding Buswinka v Josephine County to direct Legal Counsel to initiate the enforcementprocess through the Planning Department to enforce the Planning Code on this property seconded by Commissioner Hare Upon rollcall vote motion carried 2 0 Commissioner Ellis yes and Commissioner Hare ves

    These are meeting minutes only Only text enclosed in quotation marks reports a speakersexact words For complete contents of the proceedingplease refer to the audio recording

  • Legal Meeting Thursday March 15 2011 BCC Conference Room

    Page 2 of 2

    Commissioner Ellis made a notion to retain outside Legal Counsel to move forward with asking the Court to authorize a PersonalRepresentative as either Brad Talley andor Brad Carlson to obtain court Order to begin clean up as a Creditor at 1060 LakeshoreDrive Selma and pay for those expenses out of the Property Reserve Fund initially and then seek reimbursement from Solid WasteAgency seconded by Commissioner Hare Upon roll call vote motion carried 2 0 Commissioner Ellis yes and CommissionerHare yes

    Commissioner Ellis made a motion to file with the Circuit Court for Solid Waste and Nuisance Abatement on the properties located at9202 Monument Drive Grants Pass and 346 Fir Cannon Road Josephine County seconded by Commissioner Hare Upon roll callvote motion carried 2 0 Commissioner Ellis yes and Commissioner Hare yes

    Commissioner Ellis made a motion to accept the2500 settlement with no interest on the case of Josephine County v Carel BainumCase No 06CV0147 seconded by Commissioner Hare Upon roll call vote motion carried 2 0 Commissioner Ellis yes andCommissioner Hare yes

    Commissioner Ellis suggested carrying over Item 1 a 7 to the next Legal Meeting for discussion when Commissioner Cassanelli canattend

    Dale Matthews asked Commissioner Hare how many chances he was going to give the Fair Board to break the law

    Meeting adjourned al 1128 am

    These are meeting minutes only Only text encloeed in quotation marks reports a speakersexact words For complete contents ofthe proceedingplease refer to the audio recording

  • CY 16

    i t1 11JR tl11RN

    Artists1 nvitation to

    Public Art P ece in Grants Pass Oregonf

    1n e I3asker uditorium Front Lawn on Li E tr eet

    i sc ued by Joseobine County Cultural Coalition

    Grants lass is located in South rn Oregon on the Rogue River We hive an activearts preonce rnd ap peeking a permanent outdoor public art sculpture in keepingwith ouz community We are in siting artists to submit proposals Please see insidefor further information

    Ieadlint Tuesday 01 September 2010

    For no t e inforinatio pleasE centact

    rrmimi Drake at Fdrakr Wr gueccedu

    Josephine County Cultural Coalition Planning Commi sicnPO Box 1086

    Gants Pass Oregon 97528

    Wwwjococulturalartsorg

  • Checklist for Submission

    For additional inform tor about th s project the community or 1CCC visit out we site atwwj pcocultuvalarts rg

    Pr des ripti n including si e materials and how the piece responds to the site and to GrantsPas Ind Jo ount

    CJ ttist resume and D with rep sentative color images of nreyious rks 10 pieces preferredL Illustrative o construction drawings of proposed work

    De scriptiot of ins allation and nort and longterm maintenance requirements nd costsL Pr jeer budget intiding the woksvalue and how the artist determined its yak e

    Submit our applicant t online or F snail Application must he sent or postmarkeci by Tuesday01 June 2010

    Emailit Submit to TDr kci rogueccedu Send materials in pdf files It you cannot sendin pdf file s contact1orJrni Drake prior to sending

    1a1 D application in pclf tiles to

    10ephine Count Cultural CoalitionPO Box 1086

    Grants Pass OR 97528

    l Grants Pass and l sephine Countyrants Pass is located to soitthern Oregon on the Rogue River arid is a popular tourismdestination fo river rafters fishermen hikers and campers art lovers anticues shoppers andhtston buffs bout 33001 people live in Grants Pass the county seat of Josephine County

    e rants Pass Ei s a growing arts community Irt the past 10 years the community hasincreasingly supported and highlighted the arts Community wide events have included severaldowntown public art celebrations including BearFest in which local artists use fiberglass bearsas palettes annual display oi large fiberoptic Christmas murals plus doors and historicmonuments decorated by artists Additionally the communitysupports annual events such asArt Along the Rogue a sidt walk chalk art festival and Black White and the Blues an artauction and dance that supports local galleries Grants Pass also holds a monthly First Fridayrt Night do ntc wn Curse ntly public artwork incluces mural bronzes and sculptures in aare of nteelta

    1he Jc sephin c unt Cult tral Coalition receives funding from the Oregon Cultural Trust forarts heritage end humanitisgrants to local artists and organizations We also have reservedsome Tunds commisstor a single work of public art for our community

    1or additions information please visit VAvvococJ1turalartsurgwwwgrantspassoregongov

    wwwyisitgrantspass or1

  • 2 Pry sect Sum mar

    e are ookinf for an origirti l public art sculpture in tedkkeeping with the cornmunit setting The sculpture can a

    be any media 1 nt must be frc c standing and large enoughto be highly visible and durable enough for the outdosetting This Il be a permanent installation on the siteThe total proje c1t budget cannot exceed60xfordesign tabrica on and instal anon

    The venue r this piece will be the north lawn of theAnne Basket uditorium nnc Basket was a significant community member and formerCounty otnn tssioner in Giants Pass The location is on 6 Street in a highly visible highpublic use are The taf evergreen hedge makes a perfect backdrop for a set 1ptural art piece

    3 Pr ject Specific ad nsThe sculpture should help celebrate Grants Pass and losephtne County our history and ourfuture the sc ulpture must clso meet the following specifications

    ife tamper n sistant and easily maintaineds nstructed o pennanent materials that can withstand all weather conditionsyen hot summers wet and cold winters large temperature swings

    N tee standing And clearly visible to 6t Street traffic

    4 Selection Process

    Co he considered please send all of the components listed in the above Checklist finThe selection will be made by the CCC Board of Directors The Bard will

    tcview ill submissions and select a top candidate Artwork must also be apbroved by therants Pass P rrs dvisory ontmittee and City of Grants Pass

    riteri used t select the ti ip artwork will beArtistic merit and cuality evidenced by theatists histor of exhibitions or salesaward or other rec grtition or an outstanding firs work Also considered will be thetimel scness of the pieceLocal ignificance creating a sense of excitement in public spaces and presentingfresh ays of seeing the community and citA reflectedRepresentation of si yles and tastes within the public art collection acknowledging

    existit ig works in tl public art collection and triving for diversity i f style scale andmedia

    Safct and durahiliu including ability to withstand weather conditions as well asstructiral and surfi c e integrityUnrestricted public viewing public access opportunity but also suitahilin for publicparticipation and functional considerationsInstal ation and maintenance of the work from practicaltyof fabicattun andtranspi rt to installation and longterm careSuch ithe r factors as the Board chooses to consider at its sole disc

    Pmicct Timeline1 April 2c10 Ir tarion to rtfists 30 January

    21111 Project omplcuan

    01 Sept 2010 Applications Due or rconer

    must he postmarked C r mailed by this plate31 Sept 2111 Nouticatiot of Lead Lam lidatc