2001-410-Minutes for Meeting April 25,2001 Recorded 5/10/2001VOL: CJ2001 PAGE: 410
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilI
*CJ2001-410 * Vol -Page Printed: 05/15/2001 14:19:32
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:
May. 10, 2001; 1:15 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 10
MARY SUE PENHOLLOW
DESCHLTTES COUNTY CLERK
KEY NC ED
MA 6 2001
ES /)to/ qld
�� LZ 0116.1 10 F l 1:15
p �� CCUPJt; CLiLi" 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, APRIL 25, 2001
Chair Tom De Wolf opened the meeting at 10: 00 a. m.
Present were Commissioners Tom De Wolf and Mike Daly; Commissioner Dennis
Luke was excused. Also present were Mike Maier, County Administrator; Damian
Syrnyk, Barbara Rich, Dave Leslie and Kevin Harrison, Community Development;
Jenny Scanlon, Commissioners' Office; Rick Isham and Mark Amberg, Legal
Counsel; Jim Bonnarens, Property Management; Jeff Mullins of KBNB Radio; Barney
Lerten of bendnet. com, Jason Carr and Libby Beaubien of Z-21 TV; and several
citizens.
1. CITIZEN INPUT
Jeff Rola of Deschutes Soil and Water Conservation District, spoke. He said he
wanted to bring to the Board's attention that the District has been active in a couple
of things that will affect County residents. One of them is the agricultural water
quality planning process, which has been going on for the past six months. The
other is the weed control program, in partnership with the County. He stated he
would like to schedule a time certain to come to speak to the Commission in order
to report on the progress of the two issues.
Mike Maier suggested that this meeting be coordinated with Tom Blust of the
Road Department, perhaps as a part of the budgeting meetings.
Mr. Rola stated they would not be coming to the Board with a request at this time.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Quality Services Performed with Pride Page 1 of 10 Pages
2. Before the Board was the Reading of a Proclamation Designating May 3, 2001
as Volunteer Appreciation Day in Deschutes County.
Chair DeWolf explained that making a choice for volunteer of the year is always
hard, but was exceptionally difficult this year.
Lin Gardner stated that the list is just the tip of the iceberg. She said this is the
twelfth annual Central Oregon Volunteer of the Year event, and every year it gets
larger. This is the first year there has been a youth category, to honor youth in the
community who are volunteering and at the same time are encouraging other youth
to volunteer and act as role models.
Chair DeWolf stated that sometimes it seems that all the public ever hears about
are the kids who are causing problems, but they are a small portion of the
population. He said he is excited about County Juvenile Justice being involved in
restorative justice, and that after four years the data is there to show that it works in
Deschutes County.
Ms. Gardner said that they could not do the volunteer of the year event without
kids from Juvenile Corrections. She stated that some kids get into trouble but then
have an opportunity to do community service, and often they make the best
volunteers.
Chair DeWolf then read the Proclamation.
DEWOLF: I move signature of this Proclamation.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf observed that there are more volunteers working on Deschutes
County projects than the County has paid employees.
3. Before the Board was the Second Reading and Consideration of Adoption of
Proposed Amendments to the Text of the County Comprehensive Plan and the
County Zoning Ordinance to Allow an Application for a Destination Resort
(Located South of Sunriver) in the Wildlife Area Combining Zone.
Damian Syrnyk gave a brief overview of the specifics of the two Ordinances.
DALY: I move for the second reading by title only of Ordinance No. 2001-018.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 2 of 10 Pages
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then read Ordinance No. 2001-018, by title only.
DALY: I move approval of Ordinance No. 2001-018.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
DALY: I move for the second reading by title only of Ordinance No. 2001-
019.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then read Ordinance No. 2001-018, by title only.
DALY: I move approval of Ordinance No. 2001-019.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then reiterated to the audience that approval of these Ordinances
does not allow a destination resort; it only allows them to apply.
4. Before the Board was a Public Hearing on the Vacation of a Portion of the
Ferguson Road Public Right -of -Way; and Consideration of Signature of Order
No. 2001-021, Vacating a Portion of the Public Right -of -Way of Ferguson Road
located through Central Oregon Cooperative Property.
George Kolb explained that this right-of-way needs to be vacated as a part of their
land use process and for them to complete their project. He said the County has
been working with them, and there will be a Memorandum of Understanding as far
as where the access road that's in the right-of-way now will be upon vacation.
He further said that the actual Order will not be signed until the Memorandum of
Understanding between the County and Central Electric Cooperative is signed, the
land use is completed, and that we have a road and new easement in place.
Chair DeWolf then opened the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 3 of 10 Pages
Chair De Wolf then opened the public hearing.
Being no response from the audience, Chair De Wolf then closed the public
hearing.
DEWOLF: I move approval of Order No. 2001-021, subject to a Memorandum of
Understanding being completed and approved; and that land use
approval is obtained; and also that there is a road and an easement for
said road in place before the existing road and easement are vacated.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
5. Before the Board was Consideration of Signature of an Intergovernmental
Agreement between the City of Redmond and Deschutes County Regarding
the Old Fairgrounds Street Alignment of Sisters Avenue.
Jim Bonnarens said we have achieved Deschutes County legal review. Rick Isham
has submitted the document to the City of Redmond, and in talking with Carl
Dutley, everything looked okay. He said that Mr. Isham has not yet been notified
yet of the final decision. The additions to this were relatively minor; the main
change was that they cannot guarantee the vesting of right-of-way back to the
County because of an issue on the title.
He stated that the portion of right-of-way, on Old Canal Boulevard, that would be
vacated would be vested back to the original property owner. The County will
probably have to go through a quiet title suit to clear title, because the original
property owner is unknown. He said it would just take some time.
Rick Isham added that the law for the City of Redmond provides that vacated
right-of-way would vest to each abutting property owner. In the County's
agreement with the City, the City agreed they would vest that to the old
fairgrounds, both the thirty feet that is abutting and the thirty feet that would
typically vest to another property owner underlying the COI canal.
He stated that the City raised a concern that the agreement could be read to assume
that the City is guaranteeing the vesting, which the City didn't feel it could do. So
a paragraph was modified to indicate that they are not warranting any title or
vesting under their Ordinance; and it provides that the property will vest to the
County.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 4 of 10 Pages
He further explained that under the circumstances, it is probably the best that can
be done. The thirty feet probably won't be contested in the future, as it is
substantially encumbered by two easements - one for a fiber optics utility and
another for an above -ground line. Nothing could be built there.
Jim Bonnarens stated that most of it is under pavement or encumbered by
easements.
DEWOLF: I move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Consideration of Approval to Upgrade the Road
Department's Cost Accounting Software
DEWOLF: I move approval, subject to legal review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Signature of Ordinance No. 2001-023,
Authorizing a Loan from the Oregon Economic Development Department and
Approval of Loan Documents for the Financing of the Fairgrounds Parking
Lot Expansion Project.
Rick Isham, Legal Counsel, gave a brief overview of the documents before the
Board. He indicated that two weeks ago the Board signed an Resolution
authorizing the expenditure of funds up to sixty days prior to that date, backdating
to February 11, so all costs incurred for the parking lot from February 11, 2001 on
are a reimbursable expense under the OECD contract and loan agreement.
Mr. Isham said that what this Ordinance does is authorize the loan and the grant -
and appended to that are for Chair signature are the loan agreement and the grant
contract; and they are approved through the Ordinance. So you have the Ordinance
before you. There are some other documents to close the loan that the Chair will be
signing on behalf of the County pursuant to the authorization set forth in the
Ordinance.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 5 of 10 Pages
The loan is in the amount of $550,000, although we are filing with the IRS a
statement that we may borrow up to $715,000 in the event we amend the loan later
to cover additional costs. Everything is in order. Susan Mayea Ross will be the
Grant Administrator and make the appropriate draws, and I'll give her a complete
package of the loan documents. They just issued a new administrative manual, and
I have a copy of that to give her as well.
DALY: I move approval of the Oregon Economic and Community
Development Special Public Works Fund Financial Assistance Award
Contract, Loan Agreement, Note and other related documents for the
Deschutes County Fairgrounds Parking Expansion Project, also
known as Project No. B 01007.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
DALY: I move first and second readings of Ordinance No. 2001-023, by title
only.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Commissioner De Wolf then did the first reading of Ordinance No. 2001-023, by
title only.
Commissioner De Wolf then did the second reading of Ordinance No. 2001-023, by
title only.
DALY: I move approval and signature of Ordinance No. 2001-023.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Commissioner DeWolf then said that he wanted to make a statement to the press
and citizens; that a big "thank you" is due Representative Ben Westlund.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 6 of 10 Pages
He further said, "Working with Ben and the Oregon Economic Development
Department virtually doubled the amount the County was able to get in grant
funds, and saved a quarter of a million dollars in loan repayment funds that
Deschutes County would otherwise have to make for the construction of this
project. Once again, we are very well represented over in Salem. Many thanks to
Ben for his hard work on this."
Before the Board was the Consent Agenda.
DEWOLF: I move approval of Consent Agenda Items No. 9 through 16.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Consent Agenda Items:
9. Signature of an Amendment to the Lease for the Sheriff Terrebonne Substation
Location;
10. Signature of ODOT Agreement #16,243 -Amendment #2 for the Deschutes Market
Road (Deschutes Junction Phase 2) Project;
11. Signature of Order No. 2001-040, Transferring Jurisdiction of Portions of 9th Street
and 5th Street, Redmond, to the City of Redmond;
12. Signature of Resolution No. 2001-025, Adopting the 2001-2002 Oregon
Department of Revenue Assessment and Taxation Grant Application, and
Designating a County Contact Person for the Grant Application;
13. Signature of Two Contracts with DEQ Licensed Septic System Installers for Work on
the Experimental Systems Portion of the La Pine Demonstration Project;
14. Signature of a Three-year License from Deschutes County to the Bureau of Land
Management, Allowing BLM to Use a Portion of County Property at the Millican
Off-road Vehicle Site;
15. Approval of a Request by Heather Hattie to Repurchase a Parcel of Land Previously
Owned by Her (Located in Deschutes River Recreation Homesites); and
16. Signature of a Letter Appointing Ed Lowery to the La Pine Community Cemetery
Board.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 7 of 10 Pages
8. Before the Board was Signature of a Personal Services Contract with
Ecological Services, Inc., for Deer Track Counts for the La Pine Regional
Problem Solving Project.
DEWOLF: I move approval, subject to legal review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
18. Before the Board was Approval of an Intergovernmental Agreement
Amending the 9-1-1 Emergency Reporting System.
Dave Malkin explained that this is a housekeeping item, consolidating a few
changes, and eliminating strikeovers and additions.
DEWOLF: I move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
19. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $9,602.97
(two weeks).
DEWOLF: I move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$606.10 (two weeks).
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 8 of 10 Pages
DEWOLF: I move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for Deschutes County in the Amount of $1,167,072.68 (two weeks).
DEWOLF: I move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
21. Additions to the Agenda:
Before the Board was Consideration of Signature of a Memorandum of
Understanding to the Collective Bargaining Agreement between Deschutes
County and the Deschutes County Sheriff Employees Association.
Mark Amberg explained that this is a Memorandum of Understanding between
Deschutes County and the Deschutes County Sheriff Employees Association for
an amendment to the collective bargaining agreement, basically to change the
language to allow the Sheriff s Office to adopt a 4/12 schedule that is in
compliance with the Fair Labor Standards Act. It also eliminates a provision in
the contract that had provided for up to twenty training hours in a year without
paying the employees overtime, which he felt was in violation of the Act; so that
provision has been eliminated.
Mr. Amberg further stated that there also was a provision in the contract, as it
currently exists, to provide Deputies working a 4/12 schedule with additional
hours per month of vacation time; that provision has been eliminated. What has
been added in is the Deputies who work the 4/12 schedule will receive additional
compensation at the rate of 9.2 hours per month, straight time, times the
employee's regular rate of pay. The reason for that is that Deputies working a
4/12 shift over the course of a year end up working approximately 110 hours
more than Deputies working a 5/8 or a 4/10 schedule.
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 9 of 10 Pages
Chair DeWolf said that according to the Sheriff, this will provide better coverage
on the street without having to hire additional Deputies. For clarification, the
Commissioners don't get directly involved with the policy issues related to the
operation of the Sheriffs Office since he is a separately elected official. The
Commissioners' role is primarily budget oversight, although the Commissioners do
sign the labor contracts. The Board defers to the Sheriff whenever possible.
Mr. Amberg said that from the Sheriff s perspective, this provides a great deal of
scheduling flexibility; and from an operations standpoint, this is the best schedule
for the Deputies.
DEWOLF: I move approval of this Memorandum of Understanding.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Chair votes yes.
Being no further agenda items offered, Chair Tom DeWolf closed the meeting at
10:35 a.m.
DATED this 25th Day of March 2001 for the Deschutes County Board of
Commissioners.
v
Tom DeWolf, Chair
Dennis R. Luke, Commissioner
ATTEST:
r.., is ail M. aly, ommissioner
Recording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, April 25, 2001
Page 10 of 10 Pages