1999-1053-Minutes for Meeting October 06,1999 Recorded 11/17/1999VOL: CJ1999 PAGE: 1053
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1053 * Vol -Page Nnted: 11/17/1999 15:53:07
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Nov. 17,1999; 10:57 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW KEYED
DESCHUTES COUNTY CLERK F0
NOV 17 1999
Cj1qq?-,1653
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS MF, INGI 7 AM IOC S7
OCTOBER 6,1999 MARY SUE r
'E'NNOLLOW
COUNTY Cl_ERK
Chair Linda Swearingen opened the meeting at 10:02 a.m. Commissioners present were Linda L.
Swearingen, Dennis R. Luke and Tom DeWolf. Also in attendance were Bruce White and Rick
Isham, Legal Counsel; Steve Jorgensen and Barbara Rich, Community Development; Susan
Mayea, Commissioners' Office; Muriel DeLaVergne-Brown, Human Resources Department; and
Dan Horton and James Savin, Citizen.
Citizen Input
There was no citizen input.
2. Decision on Petitions to Withdraw Territory from Special Road District No. 1
Before the Board was a decision on petitions to withdraw territory from Special Road District
No. 1.
SWEARINGEN: I would move that we allow the seven petitioners to withdraw from Special
Road District No. 1.
DEWOLF: I'll second.
Commissioner Luke read a statement (copy attached), indicating his belief that it is not in the
best interest of the neighborhood to allow selected owners to withdraw.
Commissioner DeWolf expressed his concern about the issue, and that Commissioner Luke's
argument is a compelling one. He indicated the difficulty has to do with the state law that
deals with this specific issue. State law indicates that the petition shall be approved, not may
be approved, if it has not been or is not or would not be feasible for the territory described in
the petition to receive service from the district. He also stated that the petition shall be denied
if it appears that it is, or would be, feasible for the territory to receive service. Commissioner
DeWolf indicated that the Road District has not made any effort to provide service to the
properties in question. In his opinion, the Board must deal with state law as it exists; and in
view of that state law, no evidence was given that it was feasible. He indicated he must
support the withdrawal, although with some reluctance.
Commissioner Swearingen added that it is highly likely this issue won't stop here; and it is
likely Special Road District No. 1 will call for a vote. They have the right to tell the seven
petitioners that the Road District wants to keep the petitioners in, even though it's not feasible
and it never was feasible to provide service, and it won't be provided.
VOTE: LUKE: No.
DEWOLF: Yes.
SWEARINGEN: Chair votes yes.
MINUTES Page 1 of 6
Board of County Commissioners' Meeting of October 6, 1999
3. First Reading of Ordinances No. 99-016, 99-017 and 99-025, to Implement the La
Pine/Wickiup Junction Local Street, Bicycle and Pedestrian Plan
Before the Board was the First Reading of Ordinances No. 99-016, 99-017 and 99-025,
regarding the implementation of the La Pine/Wickiup Junction Local Street, Bicycle and
Pedestrian Plan. These Ordinances have an effective date of January 12, 2000.
SWEARINGEN: I move that we have the first reading of Ordinance No. 99-016, by title only.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
LUKE: I move that we have the first reading of Ordinance No. 99-017, by title only.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
LUKE: I move that we have the first reading of Ordinance No. 99-025, by title only.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Commissioner Luke requested that letters be sent out to the Transportation Committee, the
Community Action Team and the Chamber of Commerce to advise them the final reading
will be in three weeks, and if there is anything they want to get on record they need to say so
right away.
4. Signature of Contracts with Another Road Outpatient Services, Pfeifer and Associates,
BestCare, Serenity Lane, and CODA for Provision of Alcohol and Drug Recovery Services
Before the Board were contracts with various alcohol and drug recovery services.
Commissioner Swearingen indicated that these contracts are continuations of past services.
DEWOLF: I move to approve these contracts.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Aye.
SWEARINGEN: The Chair votes yes.
MINUTES Page 2 of 6
Board of County Commissioners' Meeting of October 6, 1999
5. Signature of Contract with Adult and Family Services for a Public Health Nurse to be
Located at that Agency
Before the Board was a contract to allow for a public health nurse to be located at the Adult
and Family Services agency. Muriel DeLaVergne-Brown explained that this contract is at the
request of Adult and Family Services. A similar program has been ongoing in Douglas
County, and showed that service and communications improved dramatically between the
Health Department, AFS and clients.
Commissioner DeWolf asked what would happen in two years when the grant funds are
depleted. Ms. DeLaVergne-Brown indicated that AFS will likely continue the program after
they see the results; and is certainly willing to continue paying half. Commissioner DeWolf
asked for and received confirmation that this will never impact the General Fund.
LUKE: Move to accept contract.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
6. mature of Resolution No. 99-079, Declaring October as "National Disability Employment
Awareness Month"
Before the Board was Resolution No. 99-079, declaring October as "National Disability
Employment Awareness Month". Dan Horton and James Savin read a statement thanking the
Board for this Resolution and for its past support. He explained that disabled persons make
excellent employees, benefiting employers and the community, and want to be self-sufficient
and not dependent.
LUKE: I move signature of Resolution No. 99-079, Declaring October as "National
Disability Employment Awareness Month".
DEWOLF: Second.
VOTE: LUKE: Aye
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
7. Discussion of Findings and Decision for Plan Amendment PA -98-12 and Zone Change ZC-
98-6 to Change Site Designation from Surface Mining to Forest for Peter Stott
Before the Board was a decision for plan amendment PA -98-12 and zone change ZC-98-6 to
change the site designation from surface mining to forest use for Peter Stott, whose property
is near Black Butte Ranch. Barbara Rich explained that a motion from the Board to overturn
the hearings officer's decision and substitute the Board's decision is necessary.
MINUTES Page 3 of 6
Board of County Commissioners' Meeting of October 6, 1999
K3
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LUKE: I move signature to plan amendment PA -98-12 and zone change ZC-98-6.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes yes.
Signature of Redmond Library Parking Lot Agreement
Before the Board for signature was the Redmond Library Parking Lot Agreement.
LUKE: I would move signature of the Redmond Library Parking Lot Agreement,
subject to the signature and approval by the Redmond City Council and the
Deschutes County Library District.
DEWOLF: Second.
VOTE: DEWOLF:
LUKE:
SWEARINGEN:
Consent Agenda
Aye.
Aye.
Chair votes aye.
Consent Agenda items before the Board of County Commissioners were:
1) Signature of 1999 Fund Exchange Agreement between the State of Oregon Transportation
Department and Deschutes County for Overlay Projects
2) Signature of Second Addendum to Personal Services Contract between Deschutes County
and BestCare Services for Outpatient and Transition Intervention Services to Probationers
and Parolees for Alcohol and Drug Treatment
3) Signature of Order No. 99-155, Authorizing the Sale of Real Property to Santos Diaz
4) Signature of Building Access Agreement with Highspeed.com to Install and Service
Antennas between Court House and Awbrey Butte
5) Signature of Agreements for Sanitation Inspection of the School Food Services Facilities
at Bend -La Pine School District, Brothers School District, Sisters School District,
Redmond School District and St. Francis School
6) Signature of Professional Services Contract between Deschutes County and JBL&K for
Insurance Coverage
MINUTES Page 4 of 6
Board of County Commissioners' Meeting of October 6, 1999
7) Signature of Order No. 99-156, Ratifying the Appointment of County Residents to Two
Pools from which the County Clerk will Select members of the Board of Property Tax
Appeals
8) Signature of Resolution No. 99-078, Increasing Dollar Amount for Legal Counsel
Litigation Checking Account
9) Approval of Appointments to the Noxious Weed Advisory Board
10) Signature of Order No. 99-139, Authorizing the Refund of Taxes
11) Approval of Weekly Accounts Payable Vouchers, Subject to Review
DEWOLF: I move approval of the Consent Agenda.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT
10. Approval of the Weekly Accounts Payable Vouchers for 9-1-1 County Service District, in the
amount of $1,051.83.
DEWOLF: I move approval, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY SERVICE
DISTRICT
11. Approval of the Weekly Accounts Payable Vouchers for 4-H/Extension County Service
District in the Amount of $2,517.86.
LUKE: I move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES Page 5 of 6
Board of County Commissioners' Meeting of October 6, 1999
12. Additional Discussion
General discussion occurred regarding the Association of Oregon Counties conference.
Commissioner DeWolf asked for details about who attends, why they attend and the cost
involved.
Michael Maier responded that it may be perceived that Deschutes County has a high number
of attendees, but this is a reflection of the fact that many affiliated groups attend and this
provides Deschutes County department personnel good opportunities to meet with those
groups. Deschutes County personnel may not attend any other conferences during the year.
The cost of attendance is budgeted.
Commissioner Luke observed that many counties closer to the conference do not have to stay
over, but can attend on a daily basis. Commissioner Swearingen commented that cost cutting
is used whenever possible.
Chair Linda Swearingen adjourned the meeting at 10:35 a.m.
DATED this 6a' day of November 1999 by the Deschutes County Board Commissioners.
inda UL.Sweanngen, Chair
ATTEST:
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Recording Secretary
<---� k -A
Tom DeWolf, Commission -
De 's R. Luke, Commissioner
MINUTES Page 6 of 6
Board of County Commissioners' Meeting of October 6, 1999
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October 6, 1999
Re: Special Road District Number One
Board of Commissioners
1130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6570 • Fax (541) 388-4752
Linda L. Swearingen
Tom DeWolf
Dennis R. Luke
We as Commissioners have been asked to decide if certain residents should be able to withdraw from a
road district. Those who would like to withdraw believe they have some good reasons to do so. Those
who represent the road district also believe their reasons for wanting everyone to stay in the district are
good reasons.
This area is not just a road district. This is a neighborhood, a community. It has a community center that I
have been to on several occasions. I have attended forums and meetings in this community to discuss areas
of community concern. I believe we need to take a broader look at this issue than simply that of a road
district that serves individual members. There are many examples of services for which we are charged
from which we may get no direct benefit. The one that comes quickest to mind ,is our public schools.
Those of us who do not have any children in the system continue to help pay for those who do. It comes
down to what is in the best interest of the community.
While those who want to withdraw say they get no direct benefit from the district, I believe they get a lot
of indirect benefit from the district. I believe their property values are affected because of the work the
district does on the surrounding roads. Although their roads are plowed by county dollars, I believe it is
done sooner and most likely better because the road district is there. This is a road system, not just a
series of unconnected non interacting roads. What the road district does at the intersections and what the
district does with drainage has a direct impact on the entire system.
Those who want to withdraw were owners at the time the district was either formed or bought their
property knowing the road district was in place. This was not something that was brought upon them
unexpectedly. They had full knowledge of what was expected of them when they moved into this
neighborhood.
There is no question in my mind that there may be some management issues within the district. While we
may offer our assistance when requested, this is an internal matter.
Wbefiesv is not in the best interest of the neighborhood to allow selected owners to withdraw.
L�Countv Commissioner
Quality Services Performed with Pride