2001-136-Minutes for Meeting March 14,2001 Recorded 3/30/2001VOL: CJ2001 PAGE: 136
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-136 * Vol -Page Printed: 04/05/2001 16:53:54
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. 30, 2001; 8:10 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 10
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NC ED
APR - 5 2001
vTEs c01 Pp,, "''o Am 8: 10
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COUNTY CLLRK Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.deschutes.org
Tom De Wolf
Dennis R. Luke
MINUTES OF BOARD MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, March 14, 2001
Chair Tom De Wolf brought the meeting to order at 10:45 a.m.
Present were Commissioners Tom DeWolf, Dennis Luke and Mike Daly. Also
present were Mike Maier, County Administrator; Rick Isham and Laurie
Craghead, Legal Counsel; Gary Judd and George Kolb, Road Department; Les
Stiles and Sue Brewster, Sheriffs Office; Jim Bonnarens, Property Management;
Susan Mayea, Commissioners' Office; approximately ten citizens and two media
representatives.
1. Before the Board was Citizen Input.
Bob Jonne with P.T. Incorporated asked what the time schedule is for the bids
on the Fairgrounds parking lot project. Since no one else in attendance was
interested in this issue, Mr. Jonne went aside with Legal Counsel Rick Isham to
discuss it separately.
No other citizen input was offered.
6. Before the Board was Consideration of a Resolution Submitting to the
Voters in a Countywide Election a Three -Year Split Rate Serial Levy to
Fund Sheriff Services.
Les Stiles explained that due to the failure of the County to get a fifty percent
voter turnout, even though those who voted overwhelming supported the Sheriffs
levy, the Sheriff s Office is instituting a 100% hiring freeze, effective
immediately. No new positions will be opened, nor will vacant positions be
filled. He explained that the Sheriff s Office is down about ten positions, and the
most significant impact will be on the emergency services coordinator position.
Minutes of Board Meeting
Wednesday, March 14, 2001
Quality Services Performed with Pride
Page 1 of 10 Pages
Sue Brewster explained the Measure before the Board is the same, with only the
dates changed to May 151h
LUKE: I move signature of Resolution No. 2001-012.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
ADDITIONS TO THE AGENDA:
A. Before the Board was Consideration of Signature of a Memo Regarding a
Hiring Freeze.
Mike Maier brought up an issue that related to the Sheriffs levy. A memo to all
department heads and elected officials has been prepared for the Board's
signature, stating that effective immediately, there will be a hiring freeze for all
vacant positions in all departments that receive any funding from the General
Fund.
The departments that would not be subject to this would be the Road
Department, Solid Waste, Community Development and 9-1-1, since they do
not receive general fund money. The hiring freeze at a minimum would remain
in effect until after the levy vote in May.
(A general discussion of positions that are now affected then occurred.)
Mr. Maier explained that it would be disastrous if the levy does not pass in
May. Some hard decisions would have to be made by the Board and the Budget
Committee regarding shifting funds. There would be no possible way to cover
the loss of almost $8 million. Some services would have to suffer, and projects
would have to be strictly prioritized. It is prudent to plan for the worst.
LUKE: I move approval and immediate distribution of the memo as
described.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 2 of 10 Pages
Wednesday, March 14, 2001
B. Before the Board was Consideration of Signature of Resolution No. 2001-
014, Regarding Participation in Funding Activities of the Oregon
Community Dispute Resolution Commission.
Susan Mayea introduced Nancy Gilbertson, the coordinator of this program.
Ms. Mayea then asked for the Board's approval for this program for the next
biennium. A regional program is being considered, so Jefferson County and
Crook County are included in the Resolution. Passage of this Resolution is
required in order to obtain funding from the State CDRP.
LUKE: I move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
2. Before the Board was a Public Hearing on the Mohawk Local
Improvement District for Remonstrance of the L.I.D. Cost.
Gary Judd stated that four objections were received in writing, out of thirty-five
lots. Two of them objected to cost; and the other two indicated they like their
cinder roads.
Chair Tom De Wolf opened the public hearing.
Being no input offered, Chair Tom De Wolf closed the public hearing.
3. Before the Board was Consideration of Signature of Resolution No. 2001-
013, Directing Improvements of Mohawk L.I.D. by Contract, and
Establishing a Notice of Intent to Assess Properties Benefited.
LUKE: I move signature of Resolution No. 2001-013.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 3 of 10 Pages
Wednesday, March 14, 2001
--------------
4. Before the Board was Consideration of Signature of Resolution No. 2001-
011, Initiating the Vacation of a Portion of the Public Right -of -Way of
Ferguson Road (Located through Property Owned by Central Electric
Cooperative), and Setting a Hearing for Said Vacation.
LUKE: I move approval of Resolution No. 2001-011.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
5. Before the Board was Consideration of Signature of Order No. 2001-020,
Accepting the Road Official's Report and Setting a Hearing for Said
Vacation (of a Portion of the Public Right -of -Way of Ferguson Road).
LUKE: Move approval of Resolution No. 2001-020.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of a Request (by the Last Owner of
Record, Bob Pieper) to Re -purchase a Parcel of Land Located off Alfalfa
Market Road.
Jim Bonnarens explained that the property has been inspected, and he has a
cashier's check in hand for the total cost plus the fees. He said the last owner of
record wishes to sell the property to another party. The property is zoned EFU
and there is no residence on it at this time.
Rick Isham explained that if there is a reasonable recent history to a property,
the Board generally approves.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board Meeting
Wednesday, March 14, 2001
Page 4 of 10 Pages
8. Before the Board was Consideration of Approval of a Partial Release (to
Bill Walton) of Real Property Located off Arnold Market Road to Allow
for a Lot Line Adjustment.
Jim Bonnarens explained that Mr. Walton had purchased 320 acres off of
Arnold Market Road from the County. He is requesting to lot -line adjust two
40 -acre parcels to adjacent owners; the County would need to file a partial
release of interest on those two 40 -acre parcels. Mr. Walton will give the
County 150% of the initial land value cost per acre price on those lots. The
note will not change.
Mike Maier stated that one of the neighbors involved is a County employee; he
wanted assurance that there is no potential conflict. Mr. Bonnarens stated that
the owner cannot dispose of his property unless the County allows a lot -line
adjustment. Rick Isham said that the adjacent owners would pick up more
property, so there is a benefit to all involved.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
9. Before the Board was Consideration of Signature of Order No. 2001-029,
Authorizing the Sale of County -Owned Property located off Byrum Road,
Bend.
Jim Bonnarens explained that this action would put the property on the market
for sale.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
10. Before the Board was Consideration of Approval of Central Oregon
Irrigation District Resolution No. 021301, Adopting Public Contract
Regulations and Establishing the COID Board of Directors as a Contract
Review Board.
Minutes of Board Meeting Page 5 of 10 Pages
Wednesday, March 14, 2001
Rick Isham explained that in the absence of any special district in Deschutes
County adopting a resolution appointing themselves as their own contract
review board, the Board of County Commissioners acts as their contract review
board. This says that these districts will do this duty themselves. The Board
does not have to approve it, but Statute says the Board must acknowledge it,
and it is recorded with the Clerk.
LUKE: Move acknowledgement of Resolution No. 021301.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
11. Before the Board was Consideration of Signature of Order No. 2001-0289,
Transferring Cash Among Various Funds as Budgeted in the Deschutes
County Fiscal Year 2000-2001 Budget, and Directing Entries.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
12. Before the Board was Consideration of Signature of a Letter Appointing
Colleen Hall to the Deschutes County Special Transportation Advisory
Committee.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
13. Before the Board was Consideration of Signature of Letters Appointing
Kay Bernard, Marilyn Warner and Kendal Shaber to the Deschutes
County Commission on Children and Families.
Minutes of Board Meeting Page 6 of 10 Pages
Wednesday, March 14, 2001
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
14. Before the Board was Consideration of Signature of a Letter Appointing
Roberta (Bobbe) Leonhardy to the Central Oregon Council on Aging
(COCOA) Advisory Council, with a Term Ending June 30, 2004.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
15. Before the Board was Consideration of Signature of an OLCC Liquor
License Application for Summit Xpress, LLC, Sunriver.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $3,254.58.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 7 of 10 Pages
Wednesday, March 14, 2001
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$7,953.95.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $606,854.70.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
ADDITIONS TO AGENDA:
B. Before the Board was Consideration of Signature of an Amendment to the
AFSCME Local 3997 Collective Bargaining Agreement regarding
Bilingual Pay.
Rick Isham and Mike Maier indicated that this item should be held off for
clarification purposes.
C. Before the Board was Consideration of Signature of a Letter Appointing
Cindee Gannon to Special Road District No. 8, through March 31, 2004.
LUKE: Move approval.
DALY: Second.
Minutes of Board Meeting Page 8 of 10 Pages
Wednesday, March 14, 2001
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
D. Before the Board was Consideration of the Re -appointment of Joe Pickens
to the Local Alcohol and Drug Planning Committee, with a Term
Expiration Date of March 31, 2004.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
E. Consideration of Signature of Order No. 2001-031, Rescinding Order No.
2000-115, Reactivating Land Use Appeal for Eagle Crest III.
Rick Isham explained that because of the LUBA decision that determined that
the notice for Eagle Crest III was defective, LUBA sent the hearing back to the
Board of Commissioners. This is currently being scheduled for April 10th
In conjunction with that, there was a circuit court case that was invalidated as a
result of the LUBA ruling. The Board had adopted two orders. What adopting
these two orders does is put everybody back at the starting point. The Board
will be required to make a new, final decision after the hearing on April 10th
This is on the preliminary master plan. The final master plan will be processed
subsequent to that.
The notice area has been very carefully crafted and includes about one hundred
additional people, in excess of what might be required. Mr. Isham said the
County is better off giving more notice than what might be perceived as not
enough notice.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 9 of 10 Pages
Wednesday, March 14, 2001
F. Consideration of Signature of Order No. 2001-030, Rescinding Order No.
2000-116, Reactivating a Land Use Appeal for Eagle Crest III.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further agenda items offered, Chair Tom De Wolf closed the meeting at
11:15 a.m.
DATED this 14th Day of March 2001 for the Deschutes County Board of
Commissioners.
Tom DeWolffChair
R. Luke, Commissioner
ATTEST:
Mich el M. Daly, C missioner
Recording Secretary
Minutes of Board Meeting Page 10 of 10 Pages
Wednesday, March 14, 2001