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1986-11829-Minutes for Meeting May 07,1986 Recorded 6/20/1986as-iiszs DESCHUTES COUNTY BOARD OF COMMISSIONERS MAY 7, 1986 REGULAR MEETING VOL 72 PacE251 Chairman Prante called the meeting to order at 10:00 a.m. Commissioners Tuttle and Maudlin were in attendance; Rick Isham, Legal Counsel was also present. Amendments to Chairman Prante read aloud the amendments to the Agenda the agenda. Budget Hearing Chairman Prante opened the Budget Hearing Regarding the regarding the Seventh Mountain County Seventh Mountain Service District Budget and requested County Service comments. District Budget Message Mike Maier, Director of Administrative Services, stated that Howard Kraus submitted the proposed budget for the 1986/87 fiscal year for the Seventh Mountain Service District. Mr. Maier recommended that between now and July 1, 1986, a contract should be negotiated with either the Inn of the Seventh Mountain and the Engineer who is doing the services for the Seventh Mountain Service District or with the County's operation to serve the district. Chairman Prante closed the budget hearing. PAGE ONE - MINUTES 5/7/86 Mr. Isham stated that with respect to this particular district the County does not have a personal services contract with Howard Kraus to act as the district engineer between _> the County and the services of operation. ;:. Mr Isham added that the County and the Board ' of Commissioners are responsible for the operation of the district; however, there is no information in the files as to how this district operates. The Board concurred that Rick Isham and Mike Maier meet with Howard Krause from the Service District and make a determination of who is going to provide service for this district. Chairman Prante closed the budget hearing. PAGE ONE - MINUTES 5/7/86 VOL 72 FADE 252 Budget Hearing Chairman Prante opened the Budget Hearing Regarding the 4- regarding the 4-H/Extension Budget and H/Extension requested comments. Budget Marvin Young, County Extension Agent serving as Budget Officer for Deschutes County 4-H and Extension District, presented the budget message to the Board. Chairman Prante closed the hearing. Chairman Prante stated that the budget hearings for the 4-H/Extension and Seventh Mountain Service District will be set for June 4, 1986 at 10:00 a.m. Public Hearing Chairman Prante called the Public Hearing Regarding the Regarding the Possible Creation of Bend Possible Creation Cascade View Estates Tract 2 Special Road of Bend Cascade District to order and requested comments View Estates in favor of formation of the District. Jim Slater, 24910 Alpine Lane, Bend, Oregon, stated that he was in favor of the creation of the Special Road District. Karen Engeman, 25425 Bachelor Lane, Bend, Oregon, stated that she was in favor of the creation of the Special Road District. Diane Abernathy, 25240 Deer Lane, Bend, Oregon, stated that she was in favoer of the creation of the Special Road District. Betty Arnold. 25415 Bachelor Lane, Bend, Oregon, stated that she was in favor of the creation of the Special Road District. Chairman Prante requested comments in opposition of the formation of the District. Duane Langley, 21165 Bear Creek Road, Bend, Oregon, indicated that his property, not benefited by the road improvement, be deleted from the proposed district. Chairman Prante asked Mr. Langley if he was in opposition to the formation of the district or if he is just in opposition of his participation in the district. PAGE TWO - MINUTES 5/7/86 VOL 72 FACE253 Mr. Langley stated that he is not in opposition to the formation of the district; however feels that he should not have to participate in the district. Chairman Prante requested written requests for an election, receiving none, she closed the hearing. Commissioner Tuttle stated that the true cash value of the proposed road district is about $2,300,000, and that the maximum amount available to the road district for improvements will be about $5,000 per year. Commissioner Tuttle expressed his concern that the people involved in this district be made aware that they will not receive bladed- cindered roads within the first year, that the funds are not going to be there for the project to be completed. Chairman Prante stated that she would like to postpone consideration of the Order until she finds out the feasibility of deleting the property. Mr. Isham indicated the options available to the Board for deletion of property once the hearings have taken place. Chairman Prante stated that she would like to postpone the decision one week for review and make a decision based on the options available. Public Hearing Chairman Prante opened the Public Hearing Regarding the Regarding the Formation of River Bend Formation of Estates Firearms Control District and re - River Bend Estates quested comments in favor of the district. Firearms Control District Bob Naidis, 60677 Riverbend Drive, Bend, Oregon, stated that he was in favor of the formation of the District. Chairman Prante requested further comments in favor of the District, hearing none, she requested comments in opposition of the district. Bill Baer, 60709 Riverbend Drive, Bend, Oregon, stated that he is a property owner on the River and indicated that he is in disagreement with the west boundary safety zone notation. PAGE THREE - MINUTES 5/7/86 . vaz 72 FAUF254 Chairman Prante asked Mr. Baer if he is in opposition to the formation of the District or if is is just in opposition to the boundary indications. Mr. Baer replied that he is in opposition to the west boundary requirement only. Chairman Prante asked for a show of hands of the people supporting the district as presented. For the record, nine people raised their hands in approval of the formation of the District. Chairman Prante asked for a show of hands of the people in oppostion of the district as presented. For the record, one person raised his hand in oppostion of the formation of the District. Chairman Prante requested further comments. George Cruden, 60780 Riverbend Drive, Bend, Oregon, asked if the district can be enlarged by application from an adjacent property owner without going through the process. Rick Isham stated that a person could come in and annex to the district at a later date by petition. Don Grosh, 60639 Riverbend Drive, commented that permission was gained by the Forest Service to post signs across the River indicating that shooting will be prohibited across the river. Mr. Grosh stated that people will have to be more than 150 yards back from the nearest residence. John Edwards, 60669 Riverbend Drive, responded that the 20 foot easement is a fishing easement and not a hunting easement. Chairman Prante closed the hearing. MOTION: MAUDLIN moved formation of River Bend Estates Firesarms Control District as petitioned. PRANTE: Second. VOTE: MAUDLIN: YES TUTTLE: ABSTAIN PRANTE: YES PAGE FOUR - MINUTES 5/7/86 Mr. Mazarol stated that the mediators that Anne VanDusen will have in the department are trained professionals, who spend a great deal of time making sure they are prepared for this program and they will be able to push these cases along and control the situation of the parties. The program will free -up court time so the court can hopefully take care of back log it currently has. Mr. Mazarol added that whenever there is a custody or visitation disagreement the parties will be referred to the Mental Health Department. Mr. Mazarol stated that the program will be funded by a $75 fee when the parties file for their dissolution. That fee is assessed regardless if they have children or not. Mr. Mazarol added that the Judges strongly request the Boards support on this program, they believe it will benefit the litigants and the children. Mr. Mazarol added that the Judges also thank the Board for their continued cooperation and support. Anne VanDusen, Director of Mental Health, to seek support and approval from the Board. Ms. VanDusen added that the funds are already allocated in the Mental Health budget for this program. Ms. VanDusen stated that the Mental Health Department plans to shift staff PAGE FIVE - MINUTES 5/7/86 vot 72 Fm,;E 255 Discussion Regard- Ernie Mazarol, Court Administrator, stated ing Deschutes that he was here on behalf of the Circuit County Mediation Court Judges to seek approval for a Program mediation program. Mr. Mazarol stated that mediation is a method to resolve child custody and visitation cases out of court. The program is necessary because the courtroom setting encourages advocacy rather than negotiations. Mr. Mazarol stated that these issues currently take quite a while to get through court - six months to a year and these children are lingering out there wondering what is going to happen in terms of custody and visitation. We believe this program will resolve most of the cases within 120 days. Mr. Mazarol stated that the current system is also costly to the litigants to come into court and fight these battles. Mr. Mazarol stated that the mediators that Anne VanDusen will have in the department are trained professionals, who spend a great deal of time making sure they are prepared for this program and they will be able to push these cases along and control the situation of the parties. The program will free -up court time so the court can hopefully take care of back log it currently has. Mr. Mazarol added that whenever there is a custody or visitation disagreement the parties will be referred to the Mental Health Department. Mr. Mazarol stated that the program will be funded by a $75 fee when the parties file for their dissolution. That fee is assessed regardless if they have children or not. Mr. Mazarol added that the Judges strongly request the Boards support on this program, they believe it will benefit the litigants and the children. Mr. Mazarol added that the Judges also thank the Board for their continued cooperation and support. Anne VanDusen, Director of Mental Health, to seek support and approval from the Board. Ms. VanDusen added that the funds are already allocated in the Mental Health budget for this program. Ms. VanDusen stated that the Mental Health Department plans to shift staff PAGE FIVE - MINUTES 5/7/86 VOL 72 PACUE 256 time from longer term clients who we will not need individual care and can be placed in a group setting. Ms. VanDusen stated that this will allow more staff time to the mediation program with no additional hiring needed. The people that will be seen are those who have not settled the custody and visitation issues with their children. Ms. VanDusen added that approximately 200 cases are anticipated in the coming year. There will be six members of the Child and Family Team at the Mental Health Department providing this service. Ms. VanDusen added that the Mental Health Department would really like to be involved in this program because they would like to help the families and children during this divorce process. The children are often the ones who receive the brunt of the anger that goes on during the divorce. The mediation program is a positive process that can benefit the entire family by keeping the focus on what is best for the children. Ms. VanDusen described the process of the proposed mediation program. Commissioner Maudlin stated that when a parent files for a divorce and there is a disagreement regarding visitation, custody etc., parents will be ordered by the Court to participate in mediation to resolve the dispute. Commissioner Maudlin asked if the parents have the option of seeking an independent mediator or participating in the Deschutes County Mediation Program. Ms. VanDusen stated that the litigants work with attornies on an adversarial situations and then they end up in court and the judge spends hours listening to the disputes. Commissioner Maudlin expressed the concern that this program will end up costing the County money and stated that individuals should pay an attorney to get their problems settled. Ms. VanDusen stated that they had a meeting with 50 to 60 attorneys, and legal assistants and stressed that it they cannot get into the legal issues of the divorce. The desire is to make the mediation a positive experience for the parents so there can be good things set up for the children. PAGE SIX - MINUTES 5/7/86 VOL 72 ?ACE 251 Commissioner Tuttle stated that the County has gone through grant programs recently that have become more costly than what was intended; therefore expressed his concern that this program might have the same problems. Ms. VanDusen stated that a careful following and evaluation of the program will be completed with review during this year. Ms. VanDusen added that $75.00 is received from every person who gets divorced, so in essence the program will continue to pay for itself. Mr. Mazarol stated that Washington, Multnomah and Jackson Counties currently offer this program. Ms. VanDusen stated that the Department will receive $34,500 which is projected in this year's budget, based on the filings last year. Commissioner Tuttle asked where the money goes if the County doesn't provide mediation? Ms. VanDusen explained that it goes into a fund for adult services to provide conciliation purposes; however, this service has not been successful nationwide. Ms. VanDusen added that the adult services program will be treated in a group session. Ms. VanDusen stated that she is unaware of any local people that have the specific training for mediation. Commissioner Tuttle stated that he would like to review the budget for this program, and added that he would like to know who will administer the program, and what the anticipated number of people that will be served. It was the consensus of the Board to postpone this item for one week to present a budget for review. The Board discussed the possibility of a three month review if the program is approved. PAGE SEVEN - MINUTES 5/7/86 M VOL 72 PACE 258 Possible Signature MOTION: PRANTE entertained a motion to sign of Easement to the easement to David L. and Judy David L. and Judy F. Hurtley. F. Hurtley TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature Chairman Prante stated that Neil Morrison, of Order No. 86- Director of Public Works, was requested to 050, Directing review the road situation on Fifth Street Director of and Deep Woods and make a recommendation Public Works to to the Board. Expend County Road Funds Mr. Morrison stated that it is his recommendation to accept the offer from the Road District. He added that the Road District will put in $2,880.00 and the County will expend $9,280,00. There will be no materials or labor needed from the County to improve this road. Mr. Morrison added that this is a public right of way and not a County Road. Mr. Morrison added that this road has a substantial amount of traffic and is a problem area. Commissioner Tuttle stated that the County has rejected these applications for the last three years. Mr. Morrison stated that it is his understanding that the County has declined them in the past; however, this is the first district that offered to put money in the project. Commissioner Maudlin asked how can we have a project on our list unless we accept it as a County Road. He added that it is his understanding that the only way we can accept it as a County road is to bring it up to County standards. Mr. Morrison stated that it is the ultimate goal to bring the road up to County standards and added that both ends of the road are up to standard. After further discussion, the Board concurred that there would be no action on Order No. 86-050 and that a criteria should be developed on this project as well as other possible projects in the future. PAGE EIGHT - MINUTES 5/7/86 Possible Approval Postponed. of the 1986-87 Mid Biennium Review and Funding Recommenda- tions Consideration of Chairman Prante stated that this is the a Grant Applica- VOL 72 wa 259 Consideration of MOTION: PRANTE entertained a motion to sign Order No. 86-052, Order No. 86-052. Develop a DUII Amending Order No. MAUDLIN: So moved. 86-021, Vacating TUTTLE: Second. Program a Portion of China VOTE: UNANIMOUS APPROVAL. MOTION: MAUDLIN moved to allow the DUII Hat and Parrell Task Force to send for Roads TUTTLE: Second. Signature of Order MOTION: PRANTE entertained a motion to sign No. 86-051, Amend- Order No. 86-051. the Board of Commissioners. ing Order No. 85-040 TUTTLE: So moved. Relating to Issuance MAUDLIN: Second. of a Franchise to VOTE: UNANIMOUS APPROVAL. Collect Solid Waste to Bend Garbage Company Possible Signature Postponed. of Mental Health Clinic Fee Policy Possible Signature MOTION: TUTTLE moved to accept the of Contract Modifi- Contract Modifications No. 6 and cations No. 6 and No. 7, Mental Health Division. No. 7, Mental Health MAUDLIN: Second. Division VOTE: UNANIMOUS APPROVAL. Possible Approval Postponed. of the 1986-87 Mid Biennium Review and Funding Recommenda- tions Consideration of Chairman Prante stated that this is the a Grant Applica- application for the Grant. A budget cannot tion to the Oregon be submitted until the Board has an oppor- Traffic Safety tunity to review the actual proposal and then Commission to approve that they even apply for it. We be Develop a DUII allowed to make application for the Grant. Task Force and Public Awareness Commissioner Maudlin stated that this is just Program a request to get the application. MOTION: MAUDLIN moved to allow the DUII Task Force to send for the application. TUTTLE: Second. Commissioner Tuttle stated that before the application is submitted that it is signed by the Board of Commissioners. VOTE: UNANIMOUS APPROVAL. PAGE NINE - MINUTES 5/7/86 VOL 72 PACE260 Possible Signature MOTION: PRANTE entertained a motion to of a Minor Land sign the Minor Land Partition Partition MP -85-15 MP -85-1511 for James Knapp. for James Knapp TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: MAUDLIN moved to authorize Chair of an Amendment of to sign the Amendment with the a Letter of Agree- State Health Division regarding ment with the HTLV-III Testing/Counseling. Oregon State Health TUTTLE: Second. Division to Con- VOTE: UNANIMOUS APPROVAL. tinue Reimbursement for HTLV-III Test- ing/Counseling. Possible Signature MOTION: TUTTLE moved to authorize Chair of a Military De- to sign the Military Department partment Facility Facility Lease for Bend Armory to Lease for Bend use as a voting poll. Armory to use as MAUDLIN: Second. a Voting Poll VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: PRANTE entertained a motion to of Ricoh Copier sign the Ricoh Copier Annual Main - Annual Maintenance tenance Agreement contingent upon Agreement for the a change that it will not be auto - Treasurer's Office matically renewed. TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to appoint Roy Miller of Appointment and Lloyd Edwards to the Oregon Letters to the Water Wonderland Unit #1 Special Oregon Water Road District. Wonderland Unit #1 MAUDLIN: Second. Special Road Dis- VOTE: UNANIMOUS APPROVAL. trict Possible Signature MOTION: TUTTLE moved to appoint Victoria L. of Appointment Brown and Marianne DeWitte to the Letters to the Deschutes River Recreation Home - Deschutes River sites Unit #6 Vector Control Dis- Recreation Home- trict. sites Unit #6 Vec- MAUDLIN: Second. for Control Dis- VOTE: UNANIMOUS APPROVAL. trict Possible Signature MOTION: PRANTE entertained a motion to of Appointment Let- appoint Theresa Rahmsdorf and PAGE TEN - MINUTES 5/7/86 VOL 72 PACE 261 ters to the Central Fred Boyle to COBAC replacing Oregon Business Jim Mann and Rex Rexrode. Advisory Council TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to sign the weekly of Weekly Warrant warrant vouchers. Vouchers MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to appoint the of Appointment following people to the SAFE Letters to the Steering Committee: SAFE Steering Committee/Press Thomas J. Carlson, M.D.; Theresa S. Release Watts, R.N.; Janet Pierce Gray, R.N.; David Stocker; Craig Walker; David King; Diane Bauer, R.N.; Honorable Ed Perkins; Patrick B. Gray; Greg Brown; Jim Self; Delores E. Marsh; Kisa Stratton MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Other Staff/ Commissioner Tuttle expressed a concern for the Public Con- rate of spending that has been approved in Deschutes County and suggested that careful attention must be adhered to in the future in regards to implementing grant programs, additions to programs and expansion of programs. Commissioner Tuttle added that these programs are good and effective; however, cannot be offered if the money is not there. The meeting was adjourned. DES TESUNTY BO F COMMISSIONERS 04 ARISTOW PRANTE, CHAIR --COMMISSIONER DICK MAUDLIN, COMMISSIONER BOCC:kbw 86-102 PAGE ELEVEN - MINUTES 5/7/86