1991-03396-Minutes for Meeting January 30,1991 Recorded 2/8/199191-0, 396
106 LM E 0i
MINUTES
F_B
FFn -0j1DEq=TES COUNTY BOARD OF COMMISSI P :
January 30, 1991
J~ i.. f if4 tea{! iwL0Fl
Chain called the meeting to order atEt I $ i j.MBoard
members in attendance were Dick Maudlin, Tom Throop and Nancy Pope
Schlangen. Also present were Rick Isham, County Counsel; Roland
Gangstee, Manager of Community Corrections Field Services; Darrell
Davidson, Sheriff; Bruce White, Assistant Legal Counsel; George
Read, Planning Director; Brad Chalfant, Property Manager, and Mike
Maier, County Administrator.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Orders 91-013, 91-014, 91-015, 91-016, 91-017, 91-018 and 91-
019 establishing NW 30th Street, NW Lynch Lane, NW 25th Lane,
NW Lynch Court, Meadow Lane, Leona Lane, and Dyke Road as
County maintained roads; #2, approval of Amendment #21 to the
1989-91 Mental Health Intergovernmental Agreement #09-001;
#3, signature of Order 91-021 establishing the road name Sunny
Breeze Lane; #4, reappointment of Sam Burns to Redmond Area
Planning Commission; #5, signature of mylar for River Village
Condominiums Stage VI in Sunriver; #6, signature of MP-90-37
cre.#ting two parcels along Gosney Road for Lucy Lake; #7,
Z,*c
igoature of TP-90-37, a subdivision plat for Stoneridge in
ver; #8, appointment of Lou Zettel to Newberry Estates
.9un#j
11tp 1-Pl Road District Board of Directors; #9, reappointment
pfI^ma Hudson to Bend Cascade View Estates Tract 2 Special
Ro4'4,.-District Board of Directors; #10, appointment of Greg
uster to Central Oregon Intergovernmental Council; #11,
c~:,si, ture of Development Agreement for Bend Honda and Marine
te-4- r for the Wiens; and #12, signature of right of way for
:;p t tion plat 1991-7.
SCHLANGEN: I move approval of the consent agenda items.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. PUBLIC HEARING: ORDER 91-012 EXCHANGING PROPERTY WITH THE
FOREST SERVICE
Before the Board was a public hearing on Order 91-023
providing for an exchange of property with the U. S. Forest
Service. Brad Chalfant gave the staff report indicating that
the property to be transferred to the Forest Services was
approximately 40 acres which included the Annette Dodds Cross
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park, for which the Forest Service would transfer to the
County approximately 40 acres which included the County
Southwest Transfer Station.
Chairman Maudlin opened the public hearing. There being no
one who wished to testify, the public hearing was closed.
MAUDLIN: I would entertain a motion that Order 91-012
be signed and that the Board sign the Agreement
with the Forest Service when it was received.
THROOP: So moved.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
3. WEEKLY WARRANT VOUCHERS
Before the Board was approval of weekly bills in the amount
of $262,858.56.
THROOP: Move approval subject to the review.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
4. ORDER 91-032 SETTING HEARING FOR SKYVIEW TERRACE SUBDIVISION
ANTI-DISCHARGE OF FIREARMS DISTRICT
Before the Board was signature Order 91-032 setting a public
hearing for February 27, 1991, regarding the designation of
the Skyview Terrace Subdivision as an area where the discharge
of firearms would be prohibited.
Rick Isham reported that the subdivision was located southeast
of the intersection of SE 27th Street and Bear Creek Road east
of Bend.
THROOP: I'll move signature of Order 91-032.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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5. USE OF FORCE POLICY
Before the Board was adoption of the Deschutes County
Community Corrections Use of Force Policy. This policy
outlined the authority of Adult Parole and Probation Officers
to use physical force, firearms, and restraints.
Roland Gangstee reported that there was an effort being made
statewide to arm parole officers who supervised particularly
dangerous offenders. Historically, they had not been armed,
however several community corrections organizations and other
county probation operations had always armed parole officers
in certain circumstances. He said it was an officer safety
issue, and only those officers with a caseload which had a
more eminent risk to their personal safety would be armed.
He felt the policy carefully delineated when the use of deadly
could be employed--in the defense of the officer from like
force. The Sheriff had suggested that the Review Board be
involved whenever there was a shooting or a weapon was used
in the line of duty, and that language had been added to the
policy.
Commissioner Schlangen asked if the Parole Officers who would
carry weapons would be trained as police officers.
Roland Gangstee said they would be certified as parole and
probation officers through BPST and, by statute, certified
parole and probation officers had the same peace officer
classification as a police officer. The two people who had
expressed an interest in carrying firearms had already been
through weapons training through BPST and would provide their
own firearms. They would also be required to qualify
quarterly at the shooting range. He said the issue came up
at the state level from the labor union for parole and
probation officers (FOPPO). The policy was essentially a
remake of the state rule.
Darrell Davidson said that he had read through the policy and
that it seemed to cover everything.
Rick Isham asked what the frequency of fire arm incidents had
been with corrections operations in Oregon. Roland Gangstee
said he was aware of only one, which was recent, when the
weapon was not discharged "but was brought to bear in
facilitating an arrest."
Commissioner Maudlin requested that language on the last page
under D(2) be changed from "Any officer involved in the use
of physical force in the line of duty should report the
incident..." to "shall report the incident." Roland Gangstee
said that this change had already been made.
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6.
7.
Commissioner Maudlin said he would like the use of firearms
to be limited to two individuals, and if there was a need to
go further, that Roland Gangstee come back and discuss it with
the Board. Roland Gangstee agreed to do so.
THROOP: I'll move that the County adopt the Use of
Force Policy outlined in the undated memo
entitled "Deschutes County Community
Corrections, Rule, Use of Force" as amended
with the latest amendments.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
COMMUNITY CORRECTIONS VEHICLE UPDATE
Mike Maier gave the Board an update on the status of Community
Corrections vehicles (Adult & Juvenile) which were the worst
in the County. In order to get their fleet into safe working
order, they would need to purchase four new Ford Tempos and
two Ford Taurus wagons which would bring their total fleet to
ten vehicles in good working order. The cost would be $85,000
of which half would come from vehicle maintenance and
replacement funds earmarked for the Juvenile Department. The
other half would be billed directly to Community Corrections
and would be paid for out of this year's budget.
He said Adult Community Corrections had been using older
Sheriffs Department vehicles which the Sheriff had anticipated
selling at the auction for approximately $10,000. Mike Maier
said he would try to get some reimbursement to the Sheriff for
the use of these vehicles.
THROOP: Move approval for the Maier Community
Corrections vehicle plan.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
DOGAMI LEGISLATION WORKING GROUP
Commissioner Throop said that Deschutes County was the first
to discover that the local land use process and the DOGAMI
Mine Land Reclamation process were conflicting. The LCDC
could not certify DOGAMI as being in conformance with local
land use plans without some legislative changes. A working
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group was being formed (including representatives from the
House and Senate Committees, DOGAMI, the mining industry,
OCAPA, DLCD, and Counties) to develop this legislation. AOC
wanted to have Russ Nebaum, a planner from Marion County who
was already representing AOC on land use matters at the
Legislature, and Karen Green, Deschutes County's Community
Development Director represent the counties. He proposed that
the Board approve Karen Green's participation in the group
working on DOGAMI legislation, and give her the Board's "cart
blanche" to negotiate the elements of the package, then ask
that she review the package and testimony with the Board for
approval prior to submission to the legislature. He said the
basic problem was that the County had a 120 day land use
process and DOGAMI had a 30 day process.
Chairman Maudlin expressed concerned that there would be a
number of meetings which would take a great deal of Karen
Green's time. Commissioner Throop reassured him that he
expected there would only be one or two meetings.
Chairman Maudlin said the consensus was that Karen Green be
allowed to participate in the group.
DESC~HUT S COUNTY BOARD OF COMMISSIONERS
/ rb.n
U
Tom Throop, o issione
c~ n ~
Nancy Pope Schlahgen, Commission or
Dick Maudlin, Chairman
BOCC:alb
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