2000-614-Minutes for Meeting March 22,2000 Recorded 4/6/2000VOL: CJ2000 PAGE: 614
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-614 * Vol -Page Printed: 04/07/2000 11:47:55
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:
Apr. 6, 2000; 1:05 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 16
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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00 APR -6 P,4 I � 05 Board of Commissioners
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MINUTES
1130 N.W. Harriman, Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.co.deschutes.or.us
Linda L. Swearingen
Tom Dewolf
Dennis R. Luke
DESCHUTES COUNTY BOARD OF COMMISSIONERS MEETING
WEDNESDAY, MARCH 22, 2000
Chair Linda Swearingen opened the meeting at 10:00 a.m. Commissioners present
were Linda L. Swearingen, Dennis R. Luke and Tom Dewolf. Also in attendance
were Rick Isham and Bruce White, Legal Counsel; Michael Maier, County
Administrator; Ron Meckler, 9-1-1 County Service District; and Jim Bonnarens,
Property Management. Others present were Greg Brown and Sue Brewster,
Sheriffs Office; Chief Don Roe, Sisters Fire Department; Bob Shotwell, KICE
Radio; Jan LaChapelle, Deschutes Children's Foundation; Melba Christopher,
Human Dignity Coalition; Representatives of Z-21 Television; and approximately
2.5 citizens.
1. CITIZEN INPUT
Citizen Charles Patterson expressed concern over the time management expense
records of the Sheriffs Office.
Chair Linda Swearingen stated that a written response to his request for
information would be compiled by County Administrator Michael Maier; and
indicated this response will be available to members of the public.
There was no further Citizen Input.
2. PRESENTATION on Area Diversity
Melba Christopher of the Human Dignity Coalition presented the Coalition's
viewpoint on the increasing diversity of the population of Deschutes County.
MINUTES OF BOARD MEETING Page 1 of 14 Pages
Wednesday, March 22, 2000
Quality Services Perforiued with Pride
She further went on to explain that it was never the intention of the Human Dignity
Coalition to have the Canadian flag struck down from the Visitor's Center. She
stated that the Coalition merely wanted to enhance by adding the flag of the United
States' other continental neighbor.
She explained that her group wanted the Mexican flag to fly at the Visitors' Center
in the spirit of celebration around diversity, to acknowledge the changing
population of the area, and to recognize not just residents but visitors as well.
Ms. Christopher further stated that the Coalition wished only to attain an
atmosphere of welcome, and that they feel flying both the Canadian and Mexican
flag would be an appropriate symbol of welcome and appreciation.
She said that many citizens in the community contributed to the flagpole fund, and
that the Coalition tried to follow the appropriate steps. She requested guidance and
suggestions as to an appropriate way to accomplish those goals.
Commissioner Dennis Luke explained that the County leases the building to the
current occupant, and the County cannot dictate how the occupant should operate
as long as the terms of the lease are honored. He further explained that the flag
pole height became a problem with the new City of Bend code.
He further stated that he is disturbed by symbols, as he and many others feel
symbols can create more problems than they solve; that symbols can bring together
people, but they can also incite problems. He also said that others from different
nationalities have asked why their flag cannot also fly. He emphasized that the
flags currently flying, the United States flag, the Oregon flag, and the tourism flag,
are the appropriate ones for the Visitors' Center. He also suggested that perhaps a
hall of flags inside the building would be appropriate.
Commissioner Tom DeWolf stated that he knows racism and bigotry unfortunately
exist in this area as well as in others, and that this is disturbing and unfair problem,
but that placing the flag at the Visitors' Center will not solve this problem. He also
explained that he stands by his previous decision and statements, and emphasized
that he hopes other ways can be found to celebrate diversity in this area.
Chair Linda Swearingen stated that she appreciates the efforts made by the
Coalition to promote tolerance and diversity; but agrees that in a public place the
appropriate flags are the United States flag and the Oregon State flag. She
indicated that by its very nature, the United States flag represents diversity. She
said that she appreciated the zeal of the members of the Coalition, and hopes they
will work with private individuals to come up with other ideas.
MINUTES OF BOARD MEETING Page 2 of 14 Pages
Wednesday, March 22, 2000
Commissioner DeWolf said that there is a silver lining to this issue; it has brought
about a higher awareness of the changing population in the area and that citizens
must make strong efforts to be more accepting and tolerant.
Ms. Christopher was asked to consider the County as a resource and a partner, and
to work with the County when crafting programs. She encouraged the Board to
participate in the upcoming Diversity Conference to be held at Bend High School
on October 13, 2000.
3. PUBLIC HEARING Regarding Changes to County Code, Authorizing the
Emergency Management Director (Sheriff) to Declare a State of Emergency
and to Declare Mandatory Evacuations
Commissioner Luke stated that the Board wants to know the thoughts of the
constituents regarding this issue, and hopes to hear suggestions on how this
document may be changed. He further explained that no decision would be made
by the Board at this time, as another draft would be considered after this hearing.
Sheriff Greg Brown explained that the draft ordinance was originally proposed by
the County's regional emergency manager as a part of the ongoing process of
Project Impact. He further clarified that Project Impact is the wildfire mitigation
project, and that Deschutes County is the only place in the nation that was selected.
Sheriff Brown stated that his intent was to give the County a tool to allow for the
management of areas, and at the same time continue to respect property owners and
their rights. He explained that he is very sensitive to property rights, especially
since an evacuation had to take place in his own subdivision at one time.
He further stated that under state rules the Sheriff and a member of the Board of
Commissioners can declare a disaster; at that time the governor's office must be
contacted. The governor signs the declaration, allowing the Sheriffs Office to
manage the area. It is an advisory only, but quite often the deputies have to tell
people to leave their properties to save lives.
Sheriff Brown indicated he has heard from those who feel local control would be
better; from those who don't want local control. He said he has also heard from
those who like the idea of being able to have a one-way gate to allow for
evacuations without allowing returns, but allowing those who wish to stay to do so.
MINUTES OF BOARD MEETING Page 3 of 14 Pages
Wednesday, March 22, 2000
He further explained that the Board needs to consider that with an ordinance, this
will be an absolute. If an evacuation is ordered, the area has to be evacuated or the
County could be assuming some liability if persons are not removed. Without the
ordinance, the question is whether this endangers public safety personnel; do they
change the way they fight fires if they have to worry about people who remain in
their homes?
He stated that the whole intent was to give public safety personnel a local tool; but
he does not feel the County should sustain more liability. He stated, however, that
the rights of emergency personnel must also be considered.
A general discussion then took place regarding the various fires and the responses
of the public and emergency services that have occurred in Central Oregon over
past years, including the potential for looting and vandalism, and the issue of
evacuating animals from endangered properties. Sheriff Brown also elaborated on
how the command structure works to combine the services of firefighters and law
enforcement.
Citizen Charles Patterson testified that he is disturbed by some of the wording, in
particular in regard to prohibiting the movement of property from residences. He
further stated that he is concerned about the federalization of sheriffs departments
around the country and the possibility of a police state. He also stated that people
make a conscious decision to live in rural areas that are prone to fires.
Citizen Ivan Romanoff, who had signed up to testify, declined to do so at this time.
Citizen Roger Weidner, who indicated he has, among other things, been a Portland
City fireman in the past; so is aware of the problems that can exist during an
emergency. He questioned the wording of the proposed ordinance in regard to the
absolute power given the Sheriff at the scene of an emergency. He stated concerns
about when and how that power can be applied, especially in regard to the types of
emergencies listed in the ordinance. He stressed many people are concerned about
the exercise of this type of martial law.
Commissioner DeWolf asked Mr. Weidner if he would be willing, based upon his
knowledge of emergency services, to make some written observations about the
wording of this ordinance. Commissioner DeWolf indicated that he is very aware
of private property rights and does not want this ordinance to be construed as a
trampling on those rights. Mr. Weidner expressed his willingness to help out.
MINUTES OF BOARD MEETING Page 4 of 14 Pages
Wednesday, March 22, 2000
Commissioner Luke indicated that he does not like to invoke emergency clauses to
put an ordinance into effect, and that there would be at least one more public
hearing before anything is decided. He did express his concern, however, that
something be decided before fire season.
Citizen Bale Brown, who had signed up to testify, did not respond when his name
was called.
Citizen Robert Thomas then spoke. He explained that he had previously been a
deputy district attorney and is an attorney-at-law at this time, and knows the need
for control during chaos. He expressed his objection to the ordinance, and
wondered what the wording "crisis influx of residents" refers to; he explained he
has a problem with how broadly the ordinance is written.
Commissioner DeWolf asked Mr. Thomas if he would be willing to detail, in
writing, what he feels are the weak points of the ordinance; and also make
suggestions on what can be done to improve it.
Mr. Thomas said he would like to sit down with Sheriff Brown and discuss the
ordinance with him. He also stated that in a free society people must be allowed to
make mistakes. He further explained that he would like to see the Board consider
the addition of a sunset clause.
Sheriff Brown commented on the language in the ordinance, explaining that it is
state language that enables the county to enact such an ordinance.
Citizen Louie Murrieta then spoke. He stated that he feels martial law is a bit
extreme, and that common sense should rule. He further said that if those who
have no common sense decide to hide and not leave the scene of an emergency,
regardless of whether martial law has been declared. He explained that previous
emergencies have been handled well without such an ordinance, and that this
ordinance would be an infringement of citizens' rights.
Citizen Norm Hogarth then expressed his opinion that the ordinance is draconian,
and does not support martial law. He stated he is concerned regarding areas being
evacuated too early, creating crowded areas where emergency services can't handle
the number of people.
Citizen Jackie Faulkner then spoke. She indicated her hope that this measure
would give the residents of the east side of town near the Bend airport some relief
in regard to the crowds that gather during airport events. She said that it has been
explained to her many times that the airport is the responsibility of the City of
Bend, and no one else will step in to address this issue.
MINUTES OF BOARD MEETING Page 5 of 14 Pages
Wednesday, March 22, 2000
Commissioner DeWolf explained that this ordinance really would not apply to such
a situation. Commissioner Swearingen stated that the Board has done everything it
can within its jurisdiction, but that this is a City issue and the Board has no say
over what the City does.
Tim Breeden, a Citizen, the explained he has been president of the Deschutes River
Woods Homeowners Association. He said there were mistakes made by
emergency personnel during the Awbrey Hall fire, especially in regard to forcing
people to leave their properties, and would not want to see those mistakes made
again. He said he had made suggestions in writing to the Sheriff as to who should
be allowed to stay with their properties during an emergency evacuation.
Commissioner DeWolf asked if those recommendations could be provided to the
Board.
Mr. Breeden also expressed concern that when the governor calls an emergency,
state funds are then made available; but if the emergency is called on a local level,
that funding may no longer be available. This could cost the County a lot of
money. He also indicated that for emergency personnel to concentrate their
energies on a few individuals who don't want to leave could jeopardize other
people who need help.
He further stated that he believes this would conflict with the mandate of the state
for owners of rural properties outside of fire protection districts to take fire
suppression and prevention methods. He said that if you are forced to evacuate,
you cannot carry out your mandate and your property is completely unprotected.
Commissioner DeWolf expressed his appreciation of the comments of Mr. Breeden
and the others who spoke earlier. He also said that there will be another draft and
the Board appreciates the interest of the citizens in this regard.
Citizen Jerry Norquist then spoke. He said that he feels perhaps there are
management plans set up in other areas to handle specific problems, such as fire,
and perhaps a more specific plan would work.
He stated that he is concerned regarding people from outside the area camping in
rural areas who are not aware of the severe fire danger. He asked for clarification
of which agency could come out to speak with the campers about their campfires,
since he has been unable to get any response in this regard in the past.
MINUTES OF BOARD MEETING Page 6 of 14 Pages
Wednesday, March 22, 2000
Sheriff Brown said this can be a big problem since over 80% of the County is
public land, and that the Forest Service and BLM do not generally regulate
campfires except for a short period in the summer. He explained that Project
Impact might change this somewhat since it discusses bringing all'of the
emergency services together. He also said that in many cases even if the Sheriffs
Office asks people to put out their campfires, they cannot be forced to do so.
Being no further citizen input, Chair Linda Swearingen closed the public hearing.
4. PUBLIC HEARING on the Proposed Vacation of an "Easement" off Wilt
Road, Bend
Bruce White, County Counsel, indicated that the issues concerning this vacation
have been addressed and satisfied, and that all parties are in agreement. He further
explained that all access issues have been addressed.
Chair Linda Swearingen opened the public hearing.
Since no testimony was offered, she then closed the public hearing.
DEWOLF: I move approval, subject to legal review of the documents.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
5. FINAL HEARING on the Annexation of Territory into the Sisters -Camp
Sherman Rural Fire Protection District; and SIGNATURE of Order No.
2000-043, Annexing Said Territory into the Sisters -Camp Sherman Rural Fire
Protection District
County Counsel Bruce White indicated this second, final hearing had been
scheduled since if any objections had been received, this issue could have been sent
to election. He stated that no objections were received.
Chief Don Roe of the Sisters -Camp Sherman Rural Fire Protection District testified
that he, too, had received no objections.
Chair Linda Swearingen then opened the Public Hearing.
MINUTES OF BOARD MEETING Page 7 of 14 Pages
Wednesday, March 22, 2000
Since no further testimony was offered, she then closed the Public Hearing.
LUKE: I move signature of Order No. 2000-043.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
6. DISCUSSION of a Draft Agreement between Deschutes County and the
Deschutes County Children's Foundation for the Operation of the Becky
Johnson Community Center
County Counsel Rick Isham stated that the issues the Board had questioned
regarding the contract have been addressed, and that he felt the document would
not be acceptable to the Board.
DEWOLF: I move approval, subject to final Board review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
7. SIGNATURE of a Letter Appointing Jim Petersen to the Deschutes County
Bicycle/Pedestrian Advisory Committee, Fulfilling a Vacated Position
DEWOLF: I move approval, subject to final Board review.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Linda Swearingen now removed Agenda Item No. 19 from the Consent
Agenda, as she was advised a Public Hearing should be held regarding this item.
MINUTES OF BOARD MEETING Page 8 of 14 Pages
Wednesday, March 22, 2000
CONSENT AGENDA
DEWOLF: I move approval of Consent Agenda Items No. 8 through 21,
excluding Item No. 19.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONSENT AGENDA ITEMS:
8. ACCEPTANCE of a Deed of Relinquishment of Parcels of Land from ODOT to
Deschutes County for Deschutes Junction Overcrossing, Phase I
9. SIGNATURE of Memoranda of Understanding Between Deschutes County and
(1) The Oregon Water Resources Department; (2) The Oregon Parks and
Recreation Department; and (3) The Oregon Economic and Community
Development Department
10. SIGNATURE of a Human Services Contract between Deschutes County and
Central Oregon Resources for Independent Living (CORIL)
11. APPROVAL of the Renewal of a Personal Services Contract with Geoffrey Hyde
for Psychiatric Services
12. SIGNATURE of Order No. 2000-052, Declaring the Results of the Election Held
on March 14, 2000, on the Seven Petitions for Withdrawal from Special Road
District No. 1
13. SIGNATURE of Resolution No. 2000-022, Amending the Interest Rate of Agate
Local Improvement District as Originally Set Out in Resolution No. 97-067
14. SIGNATURE of an Easement Agreement for the Southerly Portion of the Old
County Fairgrounds Property (Completion of an Agreement with Fred Meyer
Stores)
15. SIGNATURE of an Agreement Regarding the Assumption of Royal Blend Coffee
Company, LLC by Mock Enterprises, Inc.
16. SIGNATURE of Order No. 2000-051, Authorizing the Sale of Various County -
Owned Properties (for the Acquisition of the Health and Human Services Building
and the Becky Johnson Community Center Project)
MINUTES OF BOARD MEETING Page 9 of 14 Pages
Wednesday, March 22, 2000
17. SIGNATURE of Order No. 2000-049, Authorizing the Sale of County -Owned
Property off Gribbling Road to Robert and Patricia Marshall (for the Acquisition of
the Health and Human Services Building and the Becky Johnson Community
Center Project)
18. SIGNATURE of Order No. 2000-050, Authorizing the Sale of Property off Alfalfa
Market Road to Rosemary Byrnes Doyle (for the Acquisition of the Health and
Human Services Building and the Becky Johnson Community Center Project)
19. (Excluded and Addressed Separately, Below) SIGNATURE of Order No. 2000-
048, Authorizing Deschutes County to Exchange Real Property
20. SIGNATURE Accepting a Deed of Dedication of a Right of Way from Terence
and Peggy Long, Providing Access to a County -Owned Parcel Currently for Sale
21. SIGNATURE of Resolution No. 2000-014, Transferring Appropriations within the
Road Fund of the 1999-2000 Deschutes County Budget, and Directing Entries
22. SIGNATURE of Order No. 2000-048, Authorizing Deschutes County to
Exchange Real Property for the Funding of Various County Projects
Jim Bonnarens of Property Management explained that the signature of this Order
would authorize Deschutes County to exchange real property (one in the Fremont
Canyon area and another off Highway 20 East) in order to fund the new
neighborhood property in La Pine, a possible future County archive building, the
Rainbow House in Bend, the new Health and Human Services in Bend, and the
Becky Johnson Community Center in Redmond.
He explained that this process is not considered a sale but instead is a delayed
exchange. He further said that all properties have been appraised.
Chair Linda Swearingen gave some background on the Fremont Canyon property.
She explained that it had been for sale for quite a while; that at first it was going to
be exchanged to BLM, but some problems arose with that exchange. Therefore it
will now be for sale. (Jim Bonnarens displayed a map showing all of the County
properties for sale in the area and explained the zoning of each one.) Chair
Swearingen said the County has identified properties that are not in the best
interest of the County to hold; selling them also puts them back on the tax rolls.
MINUTES OF BOARD MEETING Page 10 of 14 Pages
Wednesday, March 22, 2000
Commissioner Luke explained that a timber cruise is being done, but that it has
already been indicated that the timber is not of a high quality. He also said that it
is very possible the property will end up in the hands of BLM if certain events take
place; and that BLM would thin the property to make it a healthier forest.
Chair Swearingen then opened the public hearing.
Citizen Jerry Norquist then spoke. He indicated he had spent nearly an hour going
over the specifics of the sale with Jim Bonnarens so he could be clear on what
might happen. He said the environment of the property is not conducive to a lot of
growth, and that the gravel road in the area gets far too much traffic already. He
expressed concern as to how a buyer can gain access so that the buyer would
comply with zoning and code; and also wants the County to be aware of potential
impact on the area and its wildlife.
Commissioner Luke explained that the County attempted to exchange properties
with BLM, but that BLM wants cash. He further said that he approached Crown
Pacific, but this didn't work out. Central Oregon Irrigation District may buy the
property, with Crown Pacific taking out the timber that needs to be thinned, and
eventually BLM would own the property.
Jim Bonnarens said he had spoken with the County's planning department, and
they indicate that the two 40 -acre parcels are EFU zoned and are separate legal lots
of record; so a purchaser could apply to put a single family dwelling on each one.
He further said that the other properties that are zoned under forest use are more
restricted as far as land use is concerned.
He further said that there are questions about the number of homes allowed
currently being addressed at the state level. He stated that local planners indicate
the minimum lot size, if it was possible to subdivide, would be 80 acres. Access
issues would be addressed by staff as well.
Mr. Norquist indicated his concern about the logging process, as years ago the
timber companies left a mess behind them. He said there are some beautiful trees
that he would hate to see logged.
Commissioner Luke stated that the timber companies aren't interested in the
timber; they would merely thin the forest to make it healthier. He said timber
companies do not want to have to replant the area either, which may be required if
they cut the timber. He further said that he couldn't imagine anyone wanting to
spend that much money on those parcels, especially when there are other, more
useable, properties available for less money.
MINUTES OF BOARD MEETING Page 11 of 14 Pages
Wednesday, March 22, 2000
Jim Bonnarens said he believes F-1 is the zoning, allowing very limited uses;
especially in view of the fact there is a wildlife overlay.
Mr. Norquist expressed his concern about the amount of thinning that may take
place; that deer and elk use the property, and it is dense with brush and shelter for
animals. He further said he was worried about potential development.
The Commissioners stated that this is highly unlikely. Any development would be
only by legal lot of record, and even that does not assure a residence will be
allowed. Commissioner Luke explained that having a lot of underbrush can be
hazardous, allowing for hot fires; and that animals actually come back into an area
when the brush has been thinned out.
Commissioner Swearingen explained that if anyone applies for a land use action, if
you are a neighbor you will be notified.
Mr. Norquist asked if there is a time limit for timber companies to do their
thinning; Commissioner Luke said it is unclear as to when this would happen, as it
is a long, complicated process. He also said the Commissioners are aware of the
sensitivity of the area, and would like to sell the properties as one piece.
Susan Sprang, a citizen, then spoke. She asked if the 640 acres is to be sold
together. Chair Swearingen indicated that if someone owns an adjacent property
they would consider selling them separately; otherwise they intend to sell all of the
five pieces together.
Jim Bonnarens explained that if they are sold separately, issues regarding access
could be a problem as well.
Don Graby, citizen, said that the area is a deer wintering area. He asked if there is
a wildlife overlay. Jim Bonnarens indicated that this overlay stays with the
property when it is sold, and that there are more restrictions because of the overlay
zone, especially on top of the forest zoning. He explained that the overlay
increases the amount of work the property owner has to do to try to place a home.
Being no more public input, Chair Swearingen closed the public hearing.
DEWOLF: I move approval of Order No. 2000-048.
LUKE: Second.
VOTE: LUKE:
DEWOLF:
S WEARINGEN:
MINUTES OF BOARD MEETING
Wednesday, March 22, 2000
Aye.
Yes.
Chair votes aye.
Page 12 of 14 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
22. APPROVAL of Weekly Accounts Payable Vouchers for the 9-1-1 County
Service District in the Amount of $3,446.56
DEWOLF: So moved, 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
23. APPROVAL of Weekly Accounts Payable Vouchers for the 4-H/ Extension
County Service District in the Amount of $1,144.95
DEWOLF: So moved, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
24. APPROVAL of Weekly Accounts Payable Vouchers in the Amount of
$196059674.26
DEWOLF: So moved, subject to review.
LUKE: Second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN
MINUTES OF BOARD MEETING
Wednesday, March 22, 2000
Aye.
Yes.
Chair votes aye.
Page 13 of 14 Pages
25. ADDITIONS TO THE AGENDA
There were none.
Chair Linda Swearingen adjourned the meeting at 12:30 p.m.
Dated this 22°d Day of March 2000 for the Deschutes County Board of
Commissioners.
ATTEST:
MINUTES OF BOARD MEETING
Wednesday, March 22, 2000
r
Linda L. Swearingen, Chair
r'
"innis R. Luke, CoC�mm'ssioner
Tom DeWolf, Co n issioner
Page 14 of 14 Pages
MEETING SIGN IN SHEET
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