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2002-59-Minutes for Meeting January 23,2002 Recorded 1/25/2002DESCNUTES COUNTY OFFICIAL RECORDS C MARY SUE PENNOLLOW, COUNTY CLERK 1iJ r1 ES �O COMMISSIONERS' JOURNAL 01125/2002 03;17;00 PM .0 . Board of Commissioners 1 130 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, JANUARY 23, 2002 Commissioners' Hearing Room - Administration Building Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner Tom De Wolf was unable to attend. Also present were Mike Maier, County Administrator; Rick Isham, Mark Amberg and Laurie Craghead, Legal Counsel; George Kolb, Road Department; George Read, Kevin Harrison, Dave Leslie, Barbara Rich and Damian Syrnyk, Community Development; Deevy Holcomb, Commission on Children & Families; Tammy Credicott, Property Management; Susan Mayea Ross, Commissioners' Office; media representative Barney Lerten of bendnet. com; and three citizens. Acting Chair Mike Daly opened the meeting at 10: OS a. m. 1. Before the Board was Citizen Input. No input was offered. 2. Before the Board was the Continuation of a Public Hearing (from January 9) on the Vacation of the Right -of -Way off Groff Road; and Consideration of Signature of Order No. 2002-001, Vacating the Right -of -Way off Groff Road. George explained that at the last meeting, the property owners indicated they'd like to have the Qwest easement removed; he contacted Qwest, and they indicated that they don't feel that they need to keep the easement. Therefore, the engineering report and the Order were rewritten accordingly. Board of Commissioners' Meeting Minutes Page 1 of 16 Pages Wednesday, January 23, 2002 Quality Services Performed with Pride LUKE: I move signature of Order No. 2002-001. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 3. Before the Board was Consideration of Signature of a State of Oregon Title V Truancy Prevention Grant, "Kids Belong in School". Deevy Holcomb gave an overview of the grant, which took effect in October 2001. It has been delayed at the state level. She indicated the plan was to bring the subcontract before the Board next week. LUKE: Move Chair signature of this grant. DALY: Second VOTE: LUKE: Yes. DALY: Acting Chair votes yes. LUKE: Move approval of the upcoming subcontract, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 4. Before the Board was Consideration of Signature of an Intergovernmental Agreement Providing for the Transfer of Remaining 1145 Funds to Jefferson County Parole and Probation. The agreement has not yet been returned by Jefferson County, so this agenda item will be on next week's agenda. 5. Before the Board was Consideration of Chair Signature of Amendments #11, 12,13,14 and 15 to the Financial Assistance Award in the 2001-2003 County Financial Assistance Agreement (for Developmental Disability Services) between the State of Oregon and Deschutes County. Board of Commissioners' Meeting Minutes Page 2 of 16 Pages Wednesday, January 23, 2002 Rick Isham explained that these are monetary amendments, increases or decreases of existing programs. He stated that normally Gary Smith would not add these on the agenda; Legal Counsel is working with departments on the protocol on how to handle documents such as these. LUKE: Move approval of these amendments. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 6. Before the Board was the Continuation of a Public Hearing (Continued from September 12, 2001) on Measure 7; and Consideration of Approval of Ordinance No. 2002-012 (Previously Ordinance No. 2001-017), regarding Private Property Compensation Procedures. George Read explained that notice had been given earlier for a date certain, which is today's date; but this issue is now before the Supreme Court. He asked that the hearing be kept open, and continued until a date certain of March 13, 2002. LUKE: I move this be continued until March 13. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 7. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Merrill O'Sullivan, LLP (Tia Lewis), for Hearings Officer Services. George Read explained that this is a standard contract, but was held up due to an insurance issue that has now been worked out. LUKE: Move approval DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 3 of 16 Pages Wednesday, January 23, 2002 8. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Lori Kliewer to Provide Temporary Services as a Hearings Officer (while the Regular Hearings Of is on Leave). LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 9. Before the Board was Consideration of Signature of a License Agreement for a Property Owner's Participation in the La Pine National Demonstration Project. LUKE: I move approval of this agreement DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 10. Before the Board was Consideration of a Continuance of Appeal No. A-01- 18 (File No. LR -99-49), an Appeal of the Hearing Officer's Decision on a Lot of Record Verification (Rastovich Properties). LUKE: I move approval of a continuation of this appeal to Wednesday, February 27, as requested by the applicant. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 11. Before the Board was Consideration of Signature of an Amendment (Extension) of a Contract between Deschutes County and Coffman Associates regarding the La Pine Airport Feasibility Study. LUKE: So moved. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 4 of 16 Pages Wednesday, January 23, 2002 12. Before the Board was Consideration of Signature of Order No. 2002-017, Changing the Name of 1St Street to Husky Lane (in Deschutes River Recreation Homesites). LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 13. Before the Board was Consideration of Signature of Order No. 2002-018, Changing the Name of 5th Street to Powell Lane (in Deschutes River Recreation Homesites). LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 14. Before the Board was Consideration of Signature of Order No. 2002-024, Changing the Name of 2nd Street and Nuthatch Way (in Deschutes River Recreation Homesites). LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 15. Before the Board was Consideration of Signature of Ordinance No. 2002- 005, Amending Title 23, Deschutes County Comprehensive Plan of the Deschutes County Code, and Declaring an Emergency. Dave Leslie explained that this Ordinance renumbers sections of the comprehensive plan, leaving it in the same order but compressed into fewer chapters. The emergency is that the current format is cumbersome and not user friendly. County Code allows these changes without Board approval, but the Code Review Committee wanted to memorialize them. Board of Commissioners' Meeting Minutes Page 5 of 16 Pages Wednesday, January 23, 2002 Laurie Craghead added that several amendments to Title 23 are in the works, and they would like to use new numbering system. LUKE: I move first and second readings of Ordinance No. 2002-005, by title only, declaring an emergency. DALY: Second. Acting Chair Daly then conducted the first and second readings of the Ordinance, by title only, declaring an emergency. LUKE: I move approval of Ordinance No. 2002-005. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 16. Before the Board was Consideration of Signature of Ordinance No. 2002- 003, Amending Chapter 1.01, Code Adoption, of the Deschutes County Code, and Declaring an Emergency. Mark Amberg stated that this Ordinance proposes an amendment of Chapter 1.01; "the Code Review Committee is to meet monthly or as needed" is the only change. Declaring an emergency is not necessary, as it will be adopted in 90 days. LUKE: I move first and second readings of Ordinance No. 2002-003, by title only. DALY: Second. Acting Chair Daly then conducted the first and second readings of the Ordinance, by title only. LUKE: I move approval of Ordinance No. 2002-003. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 6 of 16 Pages Wednesday, January 23, 2002 17. Before the Board was Consideration of Signature of Order No. 2002-019, Adopting the Revised Deschutes County Form and Style Manual for Board Documents. Mark Amberg explained that this is a housekeeping issue, making the manual up to date and more user friendly. He stated that the members of the committee doing this work with him were Dave Leslie, George Kolb, Susan Mayea Ross and Kamie Liston. LUKE: I move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 18. Before the Board was Consideration of Ratification of Order No. 2002-014, Amending Order No. 2002-009, and Changing the Location of the Final Hearing for the Proposed Formation of the Spring River Special Road District. Laurie Craghead said that the Board already signed this Order, and today's action merely ratifies their action. LUKE: I move ratification. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 19. Before the Board was Consideration of Signature of Order No. 2002-020, Amending Order No. 2002-010, Substituting the Legal Description and Boundary Map for the New Neighborhood Annexation to the La Pine Water District. Laurie Craghead explained that the Department of Revenue has authority over the legal descriptions and boundary maps of special districts, and wanted them in a slightly different format. They prefer a metes and bounds description and fewer references to deeds. This work has been done and the Department of Revenue is now satisfied with them. Board of Commissioners' Meeting Minutes Page 7 of 16 Pages Wednesday, January 23, 2002 LUKE: Move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 20. Before the Board was Consideration of Signature of Resolution No. 2002- 003, Appropriating New Grant Funds as Received by Community Development, for the Purchase of a GPS (Global Positioning System) Unit and other Software. Mike Maier said that this is an appropriation but the grant funds have not yet been obtained. George Read explained that Commissioner Luke has given a lottery grant for this project, which will also help to train fire districts and others in the use of the GIS. One system is shared with the Surveyor's Office at this point. Commissioner Luke said this system will also be used to map fault lines, and Humboldt State students are doing this project. George Read added that locating septic systems and other hidden improvements could be assisted by this system in the future. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 21. Before the Board was Consideration of Signature of Order No. 2002-013 and Order No. 2002-015, Distributing Tax Refunds per ORS 308.242, Assessor Valuation Reductions. LUKE: I move approval of Order No. 2002-013. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 8 of 16 Pages Wednesday, January 23, 2002 LUKE: I move approval of Order No. 2002-015. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 22. Before the Board was Consideration of Signature of Order No. 2002-012, Transferring Cash among Various Funds as Budgeted in the Fiscal Year 2001-2002 Deschutes County Budget, and Directing Entries. LUKE: I move approval of Order No. 2002-012. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 23. Before the Board was Consideration of Signature of Resolution No. 2002- 004, Declaring the County's Intent to Reimburse Expenditures with the Proceeds of a Future Issue of Bonds. Mike Maier stated that this is for the purchase of a specific T & A (taxation and assessment) System, along with Polk County. LUKE: Move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 24. Before the Board was Consideration of Signature of Resolution 2002-005, Authorizing its Limited Tax Pension Pool Bond for an Unfunded Pension Liability to the Oregon Public Employees Retirement System. Mike Maier stated that he doesn't know if Deschutes County can be a part of this yet. There is a presentation scheduled for next week that will explain it further. He said that he had brief Commissioner DeWolf on this, who expressed his support. Board of Commissioners' Meeting Minutes Page 9 of 16 Pages Wednesday, January 23, 2002 Commissioner Luke added that because of the poor performance of the stock market, PERS has some unfunded liability; this Resolution would authorize the selling of bonds that would save PERS some money. It is possible this resolution will not have to be used. LUKE: Move signature of Resolution No. 2002-005. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 25. Before the Board was Consideration of the Reappointment of Tom DeWolf as the Primary Member, and Dennis Luke as the Alternate Member, of the Central Oregon Intergovernmental Council for 2002 LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 26. Before the Board was Consideration of Signature of a Letter Appointing Clyde L. Stryker to the Board of Directors of the Central Oregon Intergovernmental Council, Tourism and Recreation Position. Susan Mayea Ross explained that Mr. Stryker would fill the Tourism and Recreation Position of the COIC. Mr. Stryker is the Director of the Sisters Chamber of Commerce, and one of the COIC positions has to be filled by someone in a tourism -related agency. She said that he had expressed an interest, and Commissioner DeWolf asked him to submit a letter. Requests for applicants went out to all area agencies. Commissioner Daly observed that Mr. Stryker's credentials look very good. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 10 of 16 Pages Wednesday, January 23, 2002 27. Before the Board was Consideration of Signature of a Letter Reappointing Barbara Preble to the Deschutes County Mental Health Advisory Board, through December 31, 2002 LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 28. Before the Board was Consideration of Signature of a Letter Reappointing Bob Stevens to the Deschutes County Mental Health Advisory Board, through December 31, 2004 LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 29. Before the Board was Consideration of Signature of a Letter Appointing Kenneth Mathers to the Deschutes County Mental Health Advisory Board, through December 31, 2004 LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 30. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District for Two Weeks ($109565.07). LUKE: Move approval, subject to review. DALY: Second. Board of Commissioners' Meeting Minutes Page 11 of 16 Pages Wednesday, January 23, 2002 VOTE: LUKE: Yes. DALY: Acting Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 31. Before the Board was Consideration of Chair Signature of Contract Modification No. 3, Construction of the New OSU Extension/4-11 Office at the Deschutes County Fairgrounds - Susan Mayea Ross, Commissioners' Office. Susan Mayea Ross explained that this is for an extension of the rural investment funds; the contract expired at the end of December, and with weather problems and the timing of bids, they weren't able to expend the funds. COVA has agreed to extend those dollars. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: ADDITION E: Acting Chair votes yes. Susan Ross said that the bid opening was conducted on January 10, and nine proposals were received. P & P Construction had the lowest bid. Six alternates were listed, and four were selected. The budget is very tight on this project. Clint Jacks of Extension/4-H indicated that the bid came in less than they had expected. He said that permanent fencing around the property is included in the bid, and also that the building is expandable on two sides. He hopes there be adequate funds remaining for the purchase of furniture. He further said that he would be meeting with Dan Despotopulos of the Fairgrounds to schedule the construction work. LUKE: I move approval of signature of the Notice of Intent to Award this contract to P & P Construction Co. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 12 of 16 Pages Wednesday, January 23, 2002 32. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District for Two Weeks ($5,818.71). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 33. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County for Two Weeks ($1,318,212.50). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 34. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Approval of a Decision and Findings of CDD File No. PA-01-4/ZC-01-4, an Application for a Plan Amendment and Zone Change to Allow the Inclusion of Approximately 98.2 Acres in the City of Sisters' Urban Growth Boundary. Laurie Craghead gave an overview of the decision, findings and revisions of approval. LUKE: Move signature of the Findings and Decision on File No. PA -01-4/ ZC-01-4. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 13 of 16 Pages Wednesday, January 23, 2002 B. Before the Board was Consideration of Signature of Ordinance No. 2002-021, Canceling the Solicitation for Request for Proposals regarding the Review of the Proposed Deschutes County Wireless Telecommunications Ordinance. Laurie Craghead said that this is regarding the Krienes and Krienes proposal. They wouldn't sign the final contract that included some required state provisions. Therefore, this is considered a failure to perform. Also, the proposal was $15,000 to $20,000, and Community Development decided they could no longer afford that amount and asked Krienes and Krienes if they would agree to a reduction, which they did at the time. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. ADDITION F: Laurie Craghead explained that there is a slight problem regarding the Sunriver Service District final hearing scheduled for February 6, which needed to be addressed at this time. She said that apparently members of the Sunriver Owners Association reviewed the draft of the memorandum of understanding, and wanted to add one more service that they hadn't previously provided for in the documents; these are emergency services, including ambulance service. Therefore, the hearing needs to be rescheduled for February 13; this needs to be accomplished by the approval of Order No. 2002-024. She recommended that the Board hold a public forum on February 6 and take public input at that time; this input can be referenced and included in the minutes of the public hearing on February 13. A general discussion then occurred regarding the possibility of adding the additional wording at the public hearing or adding the wording after the district is formed. Rick Isham emphasized that this change needs to be done now in order to keep the process in its proper order. It would be extremely difficult to try to add this element after the district is formed, and could have an effect on the election. Board of Commissioners' Meeting Minutes Page 14 of 16 Pages Wednesday, January 23, 2002 LUKE: Move approval of Order No. the relocation of the meeting. DALY: Second. 2002-024, subject to legal review and VOTE: LUKE: Yes. DALY: Acting Chair votes yes. ADDITION H: Mark Amberg stated that regarding Ordinance No. 2002-003, previously addressed by the first and second readings, was not done by declaring an emergency. Either the Ordinance has to be adopted by emergency, or the second reading and adoption need to be conducted in two weeks. LUKE: I move to amend the title of Order No. 2002-003 to add "declaring an emergency", and removing the effective date. DALY: Second. LUKE: I move first and second reading of Ordinance No. 2002-003 by title only, as amended, declaring an emergency. DALY: Second. Mark Amberg then did the first and second readings of the Ordinance for the Commissioners, by title only, declaring an emergency. LUKE: Move approval of Ordinance No. 2002-003. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. C. Before the Board was Consideration of Signature of Order No. 2002- 023, Authorizing the Sale of County -owned Property off 61" Street and Gift Road. Tammy Credicott stated that the offer was for full price, $385,000. This is the third offer on this property, and is ready to close. LUKE: Move approval. DALY: Second. Board of Commissioners' Meeting Minutes Page 15 of 16 Pages Wednesday, January 23, 2002 VOTE: LUKE: Yes. DALY: Acting Chair votes yes. D. Before the Board was Consideration of Signature of Order No. 2002- 022, Authorizing the Sale of County -owned Property off Holmes Road (Lower Bridge Way). LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Being no further items brought before the Board, Acting Chair Daly adjourned the meeting at 11:20 a.m. DATED this 23rd Day of January 2002 for the Deschutes County Board of Commissioners. ATTEST: %�' &&kjv,_. Recording Secretary Board of Commissioners' Meeting Minutes Wednesday, January 23, 2002 Tom DeWolf, Chair Dennis R. Luke, Commissioner //I Miecel ff. Daly, C missioner Page 16 of 16 Pages