2000-127-Minutes for Meeting February 23,2000 Recorded 3/9/2000VOL: CJ2000 PAGE: 127
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-127 * Vol -Page Printed: 03/23/2000 10:47:58
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:
Mar. 9, 2000; 1:23 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 30
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MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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Board of Commissioners
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(541) 3BB-6570 • Fax (541) 3BB-4752
www.co.deschutes.orus
Linda L. Swearingen
Tom DeWolf
Dennis R. Luke
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS MEETING
WEDNESDAY, FEBRUARY 23, 2000
Chair Linda Swearingen opened the meeting at 10:05 a.m. Commissioners
present were Linda L. Swearingen, Dennis R. Luke and Tom DeWolf. Also in
attendance were Rick Isham, Bruce White and Mark Amberg, Legal Counsel;
George Read, Tom Anderson, Dave Leslie and Geralyn Haas, Community
Development; Jim Bonnarens, Property Management; Scott Johnson,
Commission on Children & Families; Tom Blust and George Kolb, Road
Department; and Michael Maier, County Administrator. Also present were Sue
Brewster, Sheriffs Office; Gary Marshall, Bend Fire Department; Tom Fay,
Deschutes County Rural Fire Protection District #2; Bruce Landolt, Four Rivers
Vector Control District; Ron Meckler, 9-1-1 County Service District; Barney
Lerten, The Bulletin Newspaper; Bob Shotwell, KICE Radio; a reporter from Z-
21 TV, and Several Citizens.
County Counsel Bruce White asked that, due to time constraints this morning,
Agenda Item #43 - the Approval and Signature of Resolution No. 2000-019,
Amending Resolution No. 2000-008, Authorizing the Issuance of Local
Improvement District Bonds - be the first item to be addressed. He explained that
the bond sale is closing this morning, and the signed Resolution needs to be signed
and faxed off to the Bond Council.
DEWOLF: I move approval of Resolution No. 2000-019.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners' Meeting Page 1 of 29
Wednesday, February 23, 2000
Quality Services Performed with Pride
Counsel Bruce White also asked that approval and signature of Order No. 2000-
042 be added to the Agenda at this time. This Order accepts the petition for
annexation to the La Pine Fire District by Crown Pacific, and sets a hearing date of
March 29, 2000. He said that this needs to be expedited to meet a Department of
Revenue filing deadline by the end of March regarding boundary changes.
Commissioner Luke stated that Crown Pacific is trying to square up its boundaries,
because some of their boundaries cross different taxing districts. These would be
consolidated to follow straight lines.
DEWOLF: I move approval of Order No. 2000-042.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
At this time Chair Linda Swearingen announced that the Board had decided to
postpone, until Wednesday, March 1, its decision on Agenda Item No. 7 (a
Decision Regarding an Appeal of County Hearings Officer's Decision on CU -99-
119, MP 99-18. (This Concerns a Conditional Use Permit for a Non -Farm
Dwelling on a 3 -Acre Parcel That Would Be Created by a Partition of a 39 -Acre
Parcel into a 3 -Acre Parcel & a 36 -Acre Parcel - Applicant: Kiesow.)
1. CITIZEN INPUT
There was none.
2. PRESENTATION of an Overview of the Annual Fire Free Program Scheduled
for April 29 & 30 and May 6 & 7, Which Is Sponsored by SAFECO, the Bend
Fire Department and D.C. Rural Fire Protection District #2; and APPROVAL
of a Request for Deschutes County to Partner by Allowing County Residents to
Dispose of Yard Debris Free of Charge at Knott Landfill on Those Dates - Gary
Marshall, Bend Fire Department, and Tom Fay, Deschutes County Rural Fire
Protection District #2
GARY MARSHALL:
This is the third year of the Fire Free Program, which has been increasingly
successful. We are looking at April 29 and 30, and May 6 and 7, for this year.
MINUTES of Board of Commissioners' Meeting Page 2 of 29
Wednesday, February 23, 2000
MARSHALL:
Allowing residents to drop off yard debris free of charge at Knott Landfill to be
recycled instead of having them burn the debris, which often results in
unwanted escape debris burns, will also help keep our air clear of unwanted
smoke. The County's participation will encourage property owners to prune
lower overhanging branches, and to collect needles and debris this spring
instead of waiting until during fire season.
We hope that Project Impact funding will help this year and in future years by
subsidizing the mulching charges. Again, as last year, the Oregon Department
of Forestry, the U.S. Forest Service, the Bend Fire Department, Deschutes
County Fire District 42, and local insurance companies are working with
approximately twelve targeted neighborhoods, and their members will be able
to assist at Knott Landfill during those weekends.
Timm Schimke (Director, Solid Waste Department) has indicated to us that
there are some charges associated with this since there is a different distribution
process of that debris now. Again, we hope that Project Impact may be able to
subsidize some of that cost this year and in following years. If we cannot get
this partnership again, the incentive for homeowners to take their debris into
Knott Landfill will be gone, and participation will diminish. We ask the County
for their participation again this year.
S WE ARINGEN:
How much does it cost the County to do this?
TIMM SCHIMKE:
I am estimating that we will have between $8,000 to $10,000 in costs to outside
vendors to process the material. There may be perhaps the same amount again
in manpower and equipment, based on past years. In previous years the Solid
Waste Department had a big role in the yard debris and composting process,
and there was a large amount budgeted for grinding year-round. This program
only meant that there was a loss of some revenue.
The program has matured to the point that now the recycling team handles all
the yard debris and composting; its markets have developed to a point where
they are high enough to stand on their own. Our participation this year means
more cash out of pocket instead of revenues not realized as in previous years.
There are funds in the budget for this year; next year is my main concern.
SWEARINGEN:
What you are saying is that you have already budgeted for this year, but it has
MINUTES of Board of Commissioners' Meeting Page 3 of 29
Wednesday, February 23, 2000
not been considered for next year.
SCHIMKE:
That's correct.
SWEARINGEN:
Why don't we pick the cost up this year, put that as our match, and take it out of
Project Impact for next year.
LUKE:
This fits in Project Impact. You don't have it budgeted for 2000-2001. I
suggest you put that in your line item and we can use it in a match.
DEWOLF:
With curbside pickup changing, the need for this program may diminish in the
future.
SCHIMKE:
It is County -wide; we don't advertise this, but outside of the Bend area we
usually don't charge for yard debris at any of our facilities on Fire Free days.
LUKE:
Are you asking if there is a commitment for the next year, too?
GARY:
Yes. Looking forward to Project Impact County -wide, we may want to discuss
with other areas.
SCHMIKE:
I will try to get a good handle on costs, possibly those in outside areas as well,
if we are looking to expand this.
3. READING OF A PROCLAMATION Declaring March 2, 2000, as "Read to
Kids Day"
Before the Board was the Reading of a Proclamation Declaring March 2, 2000,
as "Read to Kids Day". Commissioner DeWolf the read the Proclamation (copy
attached as Exhibit 1).
4. PUBLIC HEARING on the Windlinx Petition to Annex Territory into Rural
Fire Protection District #2; and SIGNATURE of Order No. 2000-032,
Approving the Annexation of Territory into the Rural Fire Protection District
#2, and Notice of Final Hearing - Bruce White, Legal Counsel
MINUTES of Board of Commissioners' Meeting Page 4 of 29
Wednesday, February 23, 2000
Before the Board was a Public Hearing on the Windlinx Petition to annex
territory into Rural Fire Protection District #2.
BRUCE WHITE:
This is a standard annexation, 100% supported by the affected landowners.
This is the land adjacent to the High Desert Museum owned by the Windlinx
family. The note of public hearing has been published, the Department of
Forestry has signed off, and everything is in order for approval.
SWEARINGEN:
I'll now open the Public Hearing.
SWEARINGEN:
Being no comment, we'll close the Public Hearing.
LUKE: I move for signature of Order No 2000-032.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
5. PUBLIC HEARING on the Annexation of Territory into the Sisters -Camp
Sherman Rural Fire Protection District; and SIGNATURE of Order No. 2000-
028, Approving the Annexation of Territory into the Sisters -Camp Sherman
Rural Fire Protection District, and Notice of Final Hearing - Bruce White, Legal
Counsel
Before the Board was the public hearing on the annexation of territory into the
Sisters -Camp Sherman Rural Fire Protection District.
WHITE:
This is a more involved annexation, as it includes several different parcels to be
annexed. (He then pointed out on a map the affected parcels.) These parcels
are not contiguous. They are currently outside the boundaries of the Fire
District, and the property owners have asked for inclusion. In most cases these
owners have already signed a consent form to annex. A second hearing will be
needed, as we don't have 100% of owners' signatures.
SWEARINGEN:
I hereby open the Public Hearing.
MINUTES of Board of Commissioners' Meeting Page 5 of 29
Wednesday, February 23, 2000
FIRE CHIEF DON ROE (Sisters -Camp Sherman Rural Fire Protection District):
We don't know of any owners who don't want to be annexed. We sent letters to
all the property owners, but some came back with bad addresses. The
annexation has three purposes. One purpose is to annex in some areas that
we've had under contract for many years. Also we want to take in some people,
especially in the northern end of our District, who haven't had any fire
protection. With our new fire station, we can now effectively protect them. We
also want to straighten up our boundaries somewhat, since some of the contracts
had resulted in islands; it will be a lot easier to identify what is inside the
District's boundaries. (Discussed a map showing the District)
GREG BROWN (Chair, Board of Directors, Sisters- Camp Sherman RFPD):
Sisters has a lot of forest land, and there are a lot of private parcels within the
forested land. When the Fire District's boundaries were first formed years ago,
they did a combination of things. They drew some straight lines on the map,
and as Sisters grew they picked up a couple of subdivisions, leaving a lot of
private property unprotected.
Several years ago we made an attempt to start contacting homeowners outside
of the Fire District. Those homeowners have all signed a contract and have also
signed a consent annex, knowing that we would eventually annex. At this time
they are billed each year for their fire protection at the District rate. The only
reason we held this off is that when Measure 50 passed there was some
confusion regarding annexation, so we delayed it for a year.
SWEARINGEN:
Being no further comment, I now close the Public Hearing. We will hold
another Public Hearing on Wednesday, March 22, 2000.
SWEARINGEN: I move approval of signature of Order No. 2000-028.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
6. PRESENTATION, and APPROVAL of Proposed Annual Work Program for
Four Rivers Vector Control District - Bruce Landolt, Four Rivers Vector
Control District
Before the Board was a presentation of the proposed annual work program for
Four Rivers Vector Control District.
MINUTES of Board of Commissioners' Meeting Page 6 of 29
Wednesday, February 23, 2000
BRUCE LANDOLT:
I am here to seek your approval for our work program for the year to dispense
certain pesticides in a certain manner in specific areas. All pesticides are
labeled by the EPA.
LUKE:
How different is this plan from last year's?
LANDOLT:
It has just one difference. We have applied for permission to experiment with a
product called "suspend". The objective is to improve control in one small,
isolated neighborhood called Wild River Subdivision. It would be used as a
barrier strip around the perimeter, and Fish and Wildlife has given its approval.
DEWOLF:
What about the excess taxes collected from your District by the Department of
Revenue? Has this impacted your operation this year?
LANDOLT:
It is definitely going to impair our ability to do business next season. It
amounted to 12% per year for three years, and was a big impact. We had a
good season last year and were able to carry some funds over, but we will have
to be very careful this year and next year.
LUKE:
How do you track numbers to know your success rate?
LANDOLT:
Mostly we know by the number of irate phone calls we get.
LUKE: I move that we move approval of this proposal, subject to the
approval of the Oregon Health Department and the Department
of Fish and Wildlife.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
At this time, the Board went to Agenda Item #17 at the request of Sheriff Greg
Brown.
17. APPROVAL AND SIGNATURE of a Personal Services Contract with Justice
Benefits, Inc. - Sue Brewster, Sheriffs Office
MINUTES of Board of Commissioners' Meeting Page 7 of 29
Wednesday, February 23, 2000
GREG BROWN:
This company specializes in working with County Sheriffs in looking to
recover Federal benefits due to Deschutes County from inmates that have had
serious medical problems, those who are not naturalized citizens, and a whole
variety of things for which the Federal government provides funding. Out of
every dollar this company collects, they get 22% and we get the balance. They
do not get a cent unless they locate funds. There is no cost to us. We hope the
collected funds will help us offset some of the costs in running the jail.
SUE BREWSTER (Legal Counsel, Sheriffs Office):
The way it works is that we get paid first, and then pay Justice Benefits their
portion with 45 days. The contract automatically renews, but either party can
give 30 -days' termination notice. I called Colorado and called Cook County in
Illinois, both who have used this company for years, and they were very pleased
with their work.
DEWOLF: I move that we approve signature of this contract.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
7. As announced at the beginning of this meeting, the Board decided to postpone,
until Wednesday, March 1, its decision on this item (a Decision Regarding an
Appeal of County Hearings Officer's Decision on CU -99-119, MP 99-18)
8. APPROVAL of the Distribution of Surplus Computer Equipment to Other
Deschutes County Agencies and Non -Profit Organizations in Deschutes County
- Ron Meckler, 9-1-1 County Service District
Before the Board was a request by the 9-1-1 County Service District for the
approval of the distribution of surplus computer equipment to other Deschutes
County Agencies.
MECKLER:
We have 50 -some pieces of surplus equipment, most of it computer-related,
since we moved from Hamby Road. We asked other agencies if they could use
any of this equipment, and disposed of about one-third of it. I am asking for
approval of this action at this point.
MINUTES of Board of Commissioners' Meeting Page 8 of 29
Wednesday, February 23, 2000
DEWOLF: I move approval, subject to the approval of the 9-1-1 County
Service District's Board of Directors.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
9. APPROVAL of Waiving the Bond Requirements for the Purchase of a Truck
Tractor, Resulting in a Cost Savings of Approximately 5% of the Total Bid
Price - Tom Blust, Road Department
Before the Board was a request from the Road Department for the approval of
waiving the bond requirements for the purchase of a truck tractor.
BLUST:
We are putting together bids to replace the truck tractor that was totaled in a
previous accident. It has been the County's policy to require bid bonds
whenever equipment is purchased. We are asking that the bid bond and
performance and payment bond requirements be waived in this instance.
Under state law we are required to have bonds on public improvement projects
but not on equipment purchases. There is very little risk to the County in
waiving the bond on equipment purchases because we aren't making payment
until we take delivery of the equipment. This will save us about 5% of the cost,
or about $4,000, on this purchase.
LUKE:
When there are large purchase orders, sometimes you want to make sure that
this company is going to deliver at the quoted price. If they don't, you can keep
their bond and go to the second bidder. There is a reason for some of that.
DEWOLF: I move for approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
10. APPROVAL AND SIGNATURE of Order No. 2000-037, Transferring a
Portion of 19th Street and Maple Avenue to the City of Redmond, Due to the
Annexation of Wildflower Subdivision into the City of Redmond - Tom Blust,
Road Department
MINUTES of Board of Commissioners' Meeting Page 9 of 29
Wednesday, February 23, 2000
Before the Board was a request for signature of Order No. 2000-037,
transferring a portion of two streets to the City of Redmond.
BLUST:
This is a standard request we will see every time Redmond annexes property.
We have to officially turn over the roads that are within that annexation. They
are currently maintaining all of the roads in their Urban Growth Boundary, but
we need to transfer those as official city streets once they are annexed.
DEWOLF: I move for approval.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Items No. I1 through 15 had been pulled from the Agenda and will be addressed at
the next Board work session, February 28, and action taken at the next regular
Board meeting, March 1. These delayed items were:
11. APPROVAL AND SIGNATURE of Order No. 2000-035, Establishing a 30 -
MPH Speed Limit on All of Old Wood Road
12. APPROVAL AND SIGNATURE of Order No. 2000-036, Establishing a 35 -
MPH Speed Limit of All of Blue Eagle Road
13. APPROVAL AND SIGNATURE of Oregon Department of Transportation
Agreement No. 7251
14. APPROVAL AND SIGNATURE of Oregon Department of Transportation
Agreement No. 11895
15. APPROVAL AND SIGNATURE of Oregon Department of Transportation
Agreement No. 12697
16. APPROVAL AND SIGNATURE of Resolution No. 2000-012, Initiating the
Vacation of a Portion of Central Avenue, Terrebonne; APPROVAL of the
Engineer's Report Relating to Said Vacation; and APPROVAL AND
SIGNATURE of Order No. 2000-027, Accepting Engineer's Report and Setting
a Date for a Public Hearing on Said Vacation - George Kolb, Road Department
MINUTES of Board of Commissioners' Meeting Page 10 of 29
Wednesday, February 23, 2000
Before the Board was a request for signature of Resolution No. 2000-012 and
Order No. 2000-027, relating to the vacation of a portion of Central Avenue in
Terrebonne.
KOLB:
There is nothing in this location now; the grades of the land will not allow a
road to built. A letter was received from the water department and utility
department that they are concerned about the vacation. (Discussed with the
Board the location on a map) All of the neighbors are open to this vacation,
and it won't create an access problem for any of them.
DEWOLF: I move to approve Resolution No. 2000-012.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
DEWOLF: I move approval of Order No. 2000-027, accepting the
engineer's report and setting a public hearing date of April 5.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
17. APPROVAL AND SIGNATURE of a Personal Services Contract with Justice
Benefits, Inc. - (previously addressed in this meeting)
18. APPROVAL AND SIGNATURE of Resolution No. 2000-011, Establishing a
Fee for Lost Document Searches Conducted by Employees of the Victims'
Assistance Program - Nancy Pope Schlangen, Victims'Assistance
Before the Board was a request for signature of a resolution to establish a fee
for lost document searches in the Victims' Assistance Program.
MIKE MAIER (County Administrator):
I discussed this fee with Nancy Schlangen, and she feels it is adequate to cover
the cost of document searches. This can be discussed further when the new fee
schedule is addressed, and clarified in the next budget cycle.
MINUTES of Board of Commissioners' Meeting Page 11 of 29
Wednesday, February 23, 2000
LUKE: Move to approve Resolution No. 2000-011.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
19. APPROVAL of Amended Work Plan and Budget for Deschutes County's
Juvenile Crime Prevention Plan - Ethel Stratton for Scott Johnson, Commission
on Children and Families
Before the Board was a request for approval of an amendment work plan and
the budget for the Juvenile Crime Prevention Plan.
SCOTT JOHNSON:
We are required to formally adopt the revised plan, to rebalance the budget and
edit the plan. This is not your approval of our contract with the State; that work
continues. This is simply approving the plan. We should be back before you
with the contract within the next few weeks. We are starting later on all of the
components. This is all new money, and nothing is getting hit.
LUKE: I move to approve.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
20. APPROVAL AND SIGNATURE for Deschutes County to Contract with the
Oregon State Police for a $50,000 State Byrne Grant to Fund the Start-up Costs
Associated with the Tri -County Girls Initiative - Ethel Stratton for Scott
Johnson, Commission on Children and Families
Before the Board was a request for signature of a contract with the Oregon State
Policy for a $50,000 State Byrne Grant for the Tri -County Girls Initiative.
JOHNSON:
This triggers the implementation of funding, and firms up the continuous
funding for the Girls Initiative. By contributing staff time for planning, we will
the cost will exceed $16,700, which is our required portion. This Initiative
benefits Crook and Jefferson Counties as well as Deschutes County.
MINUTES of Board of Commissioners' Meeting Page 12 of 29
Wednesday, February 23, 2000
JOHNSON:
There is a requirement that we have an EEO (Equal Employment Opportunity)
plan in effect if we meet or exceed 3% of our population being a protected
minority class. We have some documentation on file, showing that this is an
area that may need more development in the best interests of the County as our
population becomes more diversified.
RICK ISHAM (Legal Counsel).-
What
ounsel):What is occurring is that things that were once a matter of federal law but are
no longer enforceable are showing up in grants. This provision is showing up
in grants now, and Deschutes County has never been at this place before. We
needed to verify that we have exceeded this 3% of total population. We now
believe that we probably are.
This is a program whereby you affirmatively recruit certain minority class
members for certain occupations, under a plan that would be developed under
the guidelines that are published by the federal government. We don't have that
plan, as we haven't needed it to this point. The problem in the Byrne Grant
agreement is that we certify we have this plan in place.
DEWOLF:
Is that a contingency in getting this grant; and how long would it take to
develop one? Are we in violation?
JOHNSON:
It is simply referenced in the contract, and they have not requested any
additional information.
ISHAM:
We really don't have official numbers to show us whether we are. When the
new census is released, it may show us that we are. We may need to hire a law
firm specializing in employment counsel matters to address this. We have a
statement on file, but not an active plan.
S WEARINGEN:
Even if we aren't in violation now, we need to develop a policy before the
census is released.
LUKE: I move for signature of the Byrne Grant contact.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners' Meeting Page 13 of 29
Wednesday, February 23, 2000
21. APPROVAL AND SIGNATURE of a Personal Services Contract with Elaine
Comick to Staff the Family Violence Council - Ethel Stratton for Scott
Johnson, Commission on Children and Families
Before the Board was a request for signature of a Personal Services Contract for
staffing of the Family Violence Council.
JOHNSON:
I don't have this contract here at this time. I request that this contract be
approved, subject to review by Legal Counsel. It is in the amount of up to
$13,000. We have posted and interviewed people for this contract, which runs
to June 30 of this year. The project will run into the fall; however, the grant
that we are using to fund this project expires June 30. It is my recommendation
that the personal service contract match the grant period. We will pursue
community partnership funding, but if it is not available we may come to the
County during the budget process for the County to be in a fallback position.
DEWOLF: I move approval, subject to review by Legal Counsel.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
22. APPROVAL AND SIGNATURE of a Personal Services Contract with Debbie
MacWilliams (Octagon Works) to Complete Start-up Work on the Tri -County
Girls Initiative - Ethel Stratton for Scott Johnson, Commission on Children and
Families
Before the Board was a request for signature of a Personal Services Contract in
regard to the Tri -County Girls Initiative.
JOHNSON:
The next matter concerning the Byrne Grant is
MacWilliams to perform the key staff work. We
retained for this work, at an amount of up to $20,800.
LUKE:
Did you go out for an RFP?
MINUTES of Board of Commissioners' Meeting
Wednesday, February 23, 2000
to contract with Debbie
recommend that she be
Page 14 of 29
JOHNSON:
We did advertise and do interviews, and she was selected. She will work
directly under Judge Brady; we will simply managing the contract that supports
the project.
DEWOLF: I move to approve, subject to legal review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
23. SECOND READING of Proposed Text Amendment to Title 22.28.050 and
Title 24.22.040: Language for Planning Commission Review of Administrative
Decisions; and SIGNATURE of Ordinance No. 2000-003, Amending Title 22,
Deschutes County Procedures Ordinance, of the Deschutes County Code -
George Read and Geralyn Haas, Community Development
Before the Board was a request for the Second Reading of a Proposed Text
Amendment and signature of Ordinance No. 2000-003.
DEWOLF:
What this does is identify the hearings bodies for the County; that the following
will serve as the hearings body, Planning Commission and Board of County
Commissioners. It is just clearing up the language.
GERALYN HAAS:
Correct. It also provides that the Board of County Commissioners shall
consider calling up for review any administrative decision that a majority of the
Planning Commission recommends for review.
DEWOLF: I move approval for the Second Reading of Ordinance
No. 2000-003 by title only.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Commissioner Swearingen then proceeded with the Second Reading of
Ordinance No. 2000-003, a Proposed Text Amendment to Title 22.28.050 and
Title 24.22.040: Language for Planning Commission Review of Administrative
Decisions.
MINUTES of Board of Commissioners' Meeting Page 15 of 29
Wednesday, February 23, 2000
DEWOLF: I move for the adoption of Ordinance No. 2000-003.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
24. APPROVAL AND SIGNATURE of a Personal Services Contract and Joint
Declaration - Deschutes County and Morrow Planning Regional Problem
Solving Project - Geralyn Haas, Community Development
and
25. APPROVAL AND SIGNATURE of a Personal Services Contract and Joint
Declaration - Deschutes County and W. H. Pacific Regional Problem Solving
Project - Geralyn Haas and Dave Leslie, Community Development
GERALYN HAAS:
The personal service contracts listed as Agenda Items #24 and #25 are part of
the Regional Problem Solving Project. These are paid by State grants funds,
and are identified in the work program that you signed on November 9, 1999,
which is the RPS work program.
The time frame for the Morrow contract is through September 2000. The W. H.
Pacific contract is scheduled through April 2000.
DEWOLF: I move approval of the Personal Services Contract and
Joint Declaration between Deschutes County and
Morrow.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
DEWOLF: I move approval of the Personal Services Contract and
Joint Declaration between Deschutes County and W. H.
Pacific.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners' Meeting Page 16 of 29
Wednesday, February 23, 2000
26. APPROVAL AND SIGNATURE of Four Memoranda of Understanding
Between Deschutes County and: a)The La Pine Rural Fire Protection District;
b) The Bend -La Pine Public School District; c) The Oregon Department of
Environmental Quality (DEQ; and d) The Oregon Department of Housing and
Community Services - Geralyn Haas, Community Development
Before the Board was a request for approval of four Memoranda of
Understanding between Deschutes County and other Central Oregon entities.
GERALYN HAAS:
All of the above items are identified as Task One and Intergovernmental
Agreements in the Deschutes County Regional Problem Solving Project. This
is related to the DLCD Grant with Deschutes County, as is a requirement for the
County to meet a task of the Grant. It spells out specifically what the agencies
will do and what Deschutes County will do.
LUKE:
On page two of the fire agreement, is there anything out of the ordinary
required, such as oversized water lines to the subdivision? The lines now going
to the subdivision are not big enough to handle protection in that subdivision.
HAAS:
It states that Deschutes County and the District will cooperate in developing
protection measures.
SWEARINGEN:
We have been doing that for the past two years.
HAAS:
This MOA says that both parties will work cooperatively in planning and
designing the new neighborhood. As we go through the planning process, we
will be coming back to the Board if something came out of the process beyond
what is there. Also, there will be additional MOD's to come that we're working
on at the present time. We're about halfway through that process.
LUKE:
Under the contract with the Schools, it says the County will provide suitable
and appropriate land for schools at a reasonable cost. Reasonable to whom?
HAAS:
We have not yet discussed this. It will be addressed during the process.
LUKE:
What is Executive Order 9722?
MINUTES of Board of Commissioners' Meeting Page 17 of 29
Wednesday, February 23, 2000
DAVE LESLIE:
It is an Order signed by the Governor. It brings together the five State agencies
that cooperate to develop the quality development objectives. It is similar to the
Regional Communities Solutions Team process.
DEWOLF: I move approval of all four Memoranda of Understanding.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Linda Swearingen indicated that Agenda Items #27 and #28 were delayed until
next week due to time limitations:
27. APPROVAL AND SIGNATURE of Order No. 2000-039, to Officially Assign the
Name of Chickaree Lane to an Unnamed Access Road
and
28. APPROVAL AND SIGNATURE of Order No. 2000-040, to Officially Assign the
Name of Knik Road to an Unnamed Access Road
29. APPROVAL AND SIGNATURE of Lot Line Adjustment Applications for the
Tumalo Property; and an Update on the Sale of Said Property - Jim Bonnarens,
Property Management
Before the Board was a request for approval of lot line adjustment applications
and an update of the status of the Tumalo property.
JIM BONNARENS:
(He discussed with the Board the details of the property on a map.)
BONNARENS:
This County -owned property is located off Johnson Road, and is a landlocked
parcel. The neighbors have come together as a group to absorb some of the
property and to adjust lot lines, and the remaining lot has been sold at the
appraised price to site a home on the property.
SWEARINGEN:
This is a nice solution to a thorny problem.
LUKE: I move approval.
SWEARINGEN: Second.
MINUTES of Board of Commissioners' Meeting Page 18 of 29
Wednesday, February 23, 2000
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
30. DISCUSSION AND SIGNATURE of a Request from Midstate Electric
Company to Acquire a 15 -foot Easement on County -owned Property in
Deschutes River Recreation Homesites - Jim Bonnarens, Property Management
Before the Board was a request from Midstate Electric Company to acquire an
easement from Deschutes County.
BONNARENS:
(He explained to the Board by use of a map the location of the property.)
This is County -owned property, and Midstate contacted us to request an
easement in order to cut brush without having to ask our permission each time.
It is not a road, but they need access to it to keep brush cleared from their lines.
LUKE:
Does this affect the County's ability to sell the property? Is it a buildable lot, or
in the high water plain?
BONNARENS:
We can sell it, and it should be buildable. I would like to make this subject
approval to legal review because it is currently in a format supplied by
Midstate.
LUKE: I move approval, subject to legal review.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
31. DISCUSSION Regarding Complaints About and Closure of the Byram Road
Property - Jim Bonnarens, Property Management
Before the Board was a discussion of County -owned land off Byram Road
involving complaints from the public about inappropriate use of the property.
MINUTES of Board of Commissioners' Meeting Page 19 of 29
Wednesday, February 23, 2000
BONNARENS :
The Board authorized closure of this land for a period of time last year after
receiving complaints. This time period was up in January. We have had
complaints, and I've been to the site and have taken photographs. There is some
motorcycle activity on the property.
SWEARINGEN:
So you are recommending that we continue with the closure of this property to
the public, because it has been successful with the neighbors and it's limiting
further degradation of County property.
BONNARENS:
Right; and the property is coming up for sale in the near future.
LUKE:
I would be against this closure for the same reason I voted "no" a year ago.
This amounts to closing public property to the public without benefit of a
hearing. Clearly there are problems, but the public needs an opportunity to
have a hearing.
DEWOLF:
Then let's set a hearing for this.
SWEARINGEN:
I'd be glad to have a hearing.
LUKE:
Even Commissioner DeWolf said he was uncomfortable last year, closing
County lands. Clearly, neighbors use this for their own benefit and don't want
someone else there. Clearly, there are probably motorcycles in there doing
damage that shouldn't be done. You don't close public lands without the public
having an opportunity to testify.
SWEARINGEN:
We are closing it to motorized vehicles because of the harm that's been done to
the property. It isn't closed to people on horses or walkers, just vehicles.
DEWOLF:
I understand that signs are getting stolen, they are getting shot up, and berms
were put up to keep them out but someone used equipment to remove the
berms.
MINUTES of Board of Commissioners' Meeting Page 20 of 29
Wednesday, February 23, 2000
BONNARENS:
I'd be happy to go through a public hearing process to let the people, probably
the adjoining neighbors, testify. No one has complained that it was closed off.
LUKE:
If it is closed, it needs to be closed to the neighbors as well. How do you know
that they aren't the ones running the motorcycles?
BONNARENS:
By closing it, it just becomes an enforcement issue. We won't be able to sell it
until we incorporate some other properties so we can sell it separately.
DEWOLF:
Why didn't we know about this earlier? If the closure expired in January, why
didn't it come before us prior to that time? Please put a time certain on this type
of issue in the future. We need to give him direction now whether we want a
public hearing or sign an Order.
LUKE:
We need to have a general discussion on the County's policy regarding the
closure of public lands to the public in Deschutes County. This is probably not
the piece of property to base it on. Since you're going to sell this parcel
anyway, so I would suggest we make a motion to close the property for six
months.
S WEARINGEN:
I tend to disagree with your statement, because any time we've close public
property we've taken what I believe is a considerable period of time on each
piece, and we've looked at it in its unique set of circumstances. We've got
property all over the County, some of which I would argue with you that
shouldn't be closed under any circumstances. There are some pieces of property
where it just doesn't make sense for us to allow motorized vehicles. We will
address this at a future meeting in the form of an Order.
32. APPROVAL AND CHAIR SIGNATURE of a Water Resources Department
Lease between Deschutes County and the State of Oregon for the Deschutes
County Services Building, 1340 NW Wall Street, Bend - Jim Bonnarens,
Property Management
Before the Board was a request for a lease between Deschutes County and the
State of Oregon Water Resources Department.
MINUTES of Board of Commissioners' Meeting Page 21 of 29
Wednesday, February 23, 2000
BONNARENS:
This is the lease with the State Watermaster in the Deschutes Services Building.
We are looking to renew their lease at market rates until 2002. We expect the
lease back from Salem later this week for signature after review by Legal
Counsel.
DEWOLF:
Under monthly charges paid by lessor and lessee, we are paying their
telephone? I'm not clear on what phone charges are included.
MIKE MAIER:
This is the same as the Becky Johnson Center. We don't pay their long distance
costs; this is the charge for hookups, and is included in the rent. They contract
with the long distance carrier of their choice. We have also shortened the term
of the lease to accommodate our needs for long-term space for the Assessor and
other departments.
DEWOLF: I move approval of the lease.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
33. APPROVAL AND SIGNATURE of an Intergovernmental Agreement between
Deschutes County and Jefferson County for the Exchange of GIS Data - Mark
Amberg, Legal Counsel
Before the Board was a request for signature of an Intergovernmental
Agreement between Deschutes and Jefferson Counties for the exchange of GIS
data.
MARK AMBERG:
This would be without charge to either County, unless circumstances arise
where they can make a mutual agreement if they decide to charge for the
exchange of data or to sell the data.
LUKE:
Do we have other agreements with other government bodies to do this?
AMBERG:
Yes, we do. There may be just a nominal charge for 9-1-1.
MINUTES of Board of Commissioners' Meeting Page 22 of 29
Wednesday, February 23, 2000
TOM ANDERSON (Community Development Department):
We have an agreement with the Redmond Schools. We will approach it
department by department with the City of Bend. We are meeting with the Fire
Department at the end of this week.
LUKE:
We have one of the best GIS in the State. How does this agreement benefit
Deschutes County?
ANDERSON:
Border parcels are affected, as well as school districts. The systems are
compatible.
DEWOLF: I move approval of this agreement.
LUKE: I second
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
34. APPROVAL AND SIGNATURE of Resolution No. 2000-018, Approving
Hartford Life Insurance Company's Deferred Compensation Plan for Deschutes
County Employees - Mark Amberg, Legal Counsel
and
35. APPROVAL AND SIGNATURE of Resolution No. 2000-017, Approving an
ICMA Retirement Corporation Deferred Compensation Plan for Deschutes
County Employees - Mark Amberg, Legal Counsel
AMBERG:
Both of these Agenda items (#34 and #35) are essentially the same. They have
been approved as Internal Revenue Code Section 457 Deferred Comp Providers
for Deschutes County. An RFP was sent out to solicit proposals from various
companies, and a selection committee decided on these.
MIKE MAIER:
I made a recommendation months ago to the Board of Commissioners, and the
Board approved it. This makes a total of three that we'll have, PEBSCO, ICMA
and Hartford. We are going to get rid of two because of a lack of interest from
County employees. There seems to be a keen interest in these two companies.
LUKE: I would move signature of Resolution No. 2000-018.
DEWOLF: Second.
MINUTES of Board of Commissioners' Meeting Page 23 of 29
Wednesday, February 23, 2000
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
LUKE: I would move signature of Resolution No. 2000-017.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
36. APPROVAL AND SIGNATURE of a) a Consent to Assignment of Lease; and
b) Landlord's Consent to Encumbrance and Waiver Agreement to Facilitate
Sale of KICE from Sequoia Communications to GCC Bend, LLC - Rick Isham,
Legal Counsel
Before the Board was a request for approval of an assignment of lease, and
landlord's consent to encumbrance and a waiver agreement.
RICK ISHAM:
The sale cannot go through if you don't approve this. We don't have a security
interest in their equipment, so we can pursue the rent if it isn't paid. This allows
the lender to step into the shoes of the buyer to pay the rent to keep the lease
going.
SWEARINGEN: I move to approve signature of these documents: the
Lessor's Consent, the Memorandum of Lease, and the
Landlord's Consent to Encumbrance and Waiver
Agreement, as modified.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
37. APPROVAL AND CHAIR SIGNATURE of a
Acres of Water Rights from Deschutes County
District - Rick Isham, Legal Counsel
MINUTES of Board of Commissioners' Meeting
Wednesday, February 23, 2000
Consent for Transfer of 26
to Central Oregon Irrigation
Page 24 of 29
ISHAM:
You already approved at a previous meeting a lease of the water rights on the
old fairgrounds to an in -river, in -stream beneficial use. We also have a high-
volume well on the property, which is pending due to the approval of a water
right on the new fairgrounds. This document will bolster the in -stream lease of
those water rights. The benefit of these will still be available to the
Fairgrounds. This is for the benefit of the new Fairgrounds' deep well, which is
operating and in place.
LUKE:
The Board transferred 26 acres of water from the old fairgrounds to the in -
stream? And we are purchasing water right for the new Fairgrounds?
ISHAM:
No, we're not purchasing. There is an application pending for a subsurface
water right. There was no well at the old fairgrounds. It is already operating;
they have a permit to operate but no right yet to the water rights. First you get
the permit, prove your water right and then get your water right. It's not a
simple process.
LUKE: I move for approval.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
38. RATIFICATION of Chair Signature of a Storm Drain Easement to the City of
Bend near the New Health and Human Services Building - Rick Isham, Legal
Counsel
ISHAM:
The City of Bend requested to connect two storm drains. It was cheaper to go
straight instead of around corners to the easement. You already signed this
document; you are just ratifying it today.
LUKE: I move approval of this ratification.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners' Meeting Page 25 of 29
Wednesday, February 23, 2000
39. RATIFICATION of Board Signature of Order No. 2000-034, Authorizing the
Sale of First and Olney Property Pursuant to Order No. 98-161 (CSJ
Enterprises) - Rick Isham, Legal Counsel
ISHAM:
You already signed this document; you are just ratifying it today.
LUKE: I move approval of this ratification.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Swearingen indicated Agenda Item #40 will be postponed until the next Board
meeting.
40. APPROVAL AND SIGNATURE of Cancellation of Improvement Agreement and
Escrow Instructions Regarding Michael Ashley Improvement Agreement and
Cash Deposit - Bruce White, Legal Counsel
41. APPROVAL AND SIGNATURE of Resolution No. 2000-013, Transferring
Appropriations Within Various Funds of the Deschutes County Budget for
Fiscal Year 1999-2000, and Directing Entries - Marty Wynne, Finance
DEWOLF: I move approval of Resolution No. 2000-013.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
42. APPROVAL AND SIGNATURE of Order No. 2000-029, Transferring Cash
Among Various Funds as Budgeted in the Deschutes County Fiscal Year 1999-
2000 Budget, and Directing Entries - Marty Wynne, Finance
Agenda Item No. 44 was combined within this Order at the request of the Finance
Director.
LUKE: I move approval of Order No. 2000-029.
DEWOLF: Second.
MINUTES of Board of Commissioners' Meeting Page 26 of 29
Wednesday, February 23, 2000
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Agenda Item #43 was addressed at the beginning of this meeting. Agenda Item #44
was combined with Agenda Item #42 per the request of the Finance Director.
43. Approval and Signature of Resolution No. 2000-019, Amending Resolution No.
2000-008, Authorizing the Issuance of Local Improvement District Bonds
and
44. APPROVAL AND SIGNATURE of Order No. 2000-041, Authorizing the
Repayment of the Interfund Loan between the LID Fund and the Insurance
Reserve Fund
45. APPROVAL of Weekly Accounts Payable Vouchers, Subject to Review
DEWOLF: I move approval of the weekly accounts payable vouchers in the
amount of $1,418,865.66, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE
DISTRICT
46. APPROVAL of the Weekly Accounts Payable Vouchers for the 9-1-1 County
Service District
DEWOLF: I move approval of the weekly accounts payable vouchers for
the 9-1-1 County Service District in the amount of $3,240.74,
subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners' Meeting Page 27 of 29
Wednesday, February 23, 2000
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION
COUNTY SERVICE DISTRICT
47. APPROVAL of the Weekly Accounts Payable Vouchers for the 4-H/Extension
County Service District
DEWOLF: I move approval of the weekly accounts payable vouchers for
the 4H/Extension County Service District in the amount of
$4,026.04, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE BOARD OF COMMISSIONERS FOR DESCHUTES
COUNTY
48. Additions to the Agenda:
There were none.
Agenda Items #27 and #28, previously delayed in this meeting, were now addressed
since time allowed this action.
27. APPROVAL AND SIGNATURE of Order No. 2000-039, to Officially Assign
the Name of Chickaree Lane to an Unnamed Access Road
LUKE: I move signature of Order No. 2000-039.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
28. APPROVAL AND SIGNATURE of Order No. 2000-040, to Officially Assign
the Name of Knik Road to an Unnamed Access Road
LUKE: I move signature of Order No. 2000-040.
SWEARINGEN: I second.
MINUTES of Board of Commissioners' Meeting Page 28 of 29
Wednesday, February 23, 2000
VOTE: LUKE:
DEWOLF:
S WEARINGEN
Aye.
Yes.
Chair votes aye.
Chair Linda Swearingen adjourned the meeting at 11:50 a.m.
Dated this 23rd Day of February 2000 for the Deschutes County Board of
Commissioners.
Linda L. Swearingen, Chair
ATTEST: is R. Luke, Com 'ssioner
r4V,UW-� Z---1 _ �y .4- Mi 1
Tom DeWolf,
MINUTES of Board of Commissioners' Meeting Page 29 of 29
Wednesday, February 23, 2000
�J�Es co 'J `
a mt A Board of Commissioners
1 130 N.W. Harriman, Bend, Oregon 97701
(541) 3BB-6570 • Fax (541) 3BB-4752
E -Mail: www.deschutes.org.
Linda L. Swearingen
Tom N. DeWol
PROCLAMATION
Dennis R. Luke
WHEREAS, on March 2, 2000, elementary schools all across the nation will be
celebrating reading for fun by joining in an event entitled "Read Across
America"; and
WHEREAS, this program is sponsored on a local level by school districts and
teacher organizations throughout the County; and
WHEREAS, learning to read is an essential and fundamental skill for an
individual's success in our society; and
WHERES, research shows that the most important influence on primary grade
reading achievement is having someone with whom to read on a regular basis;
and
WHEREAS, March 2°d would have been Dr. Seuss' 96`h birthday, and we desire
to recognize his contributions by celebrating reading in his honor;
NOW, THEREFORE, WE, the Deschutes County Board of Commissioners,
hereby declare March 2, 2000 as READ TO KIDS DAY in Deschutes County.
DATED this 14th Day of February 2000, by the DeschutesC unty Board of
Commissioners. ,
Lind . Swearingen, Chair
Dennis R. Luke, Vice Chair
Attest
Tom DeW missioner
Quality Services Performed with PrideL�/