2002-163-Minutes for Meeting March 11,2002 Recorded 3/13/20021130 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 WORK SESSION Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 11, 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Tom Blust and George Kolb, Road Department; George Read, Community Development; Rick Isham and Laurie Craghead, Legal Counsel; Kelley Jacobs, Juvenile Community Justice; Bob Haas, Information Technologies; Media Representatives Mike Cronin of the Bulletin and Barney Lerten of bendnet.com; and three citizens. Chair Tom DeWolf opened the meeting at 10:03 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Discussion and Consideration of Signature of Order No. 2002-037, Establishing Deschutes County as a Weed Control District. Tom Blust explained that this would establish a weed control district, which encompasses all of Deschutes County. State statute gives the County some authority to control this problem on private lands. No tax would be collect on this district, so it would be established without a tax base. A listing of noxious weeds would be adopted, and the County would attempt to control the noxious weed problem within the County. Minutes of Board of Commissioners' Work Session Monday, March 11, 2002 Quality Services Performed with Pride Page 1 of 7 Pages Paul Stell of Bend Metro Park & Recreation stated that the list of weeds is consistent with that of the State Department of Agriculture. He said the Noxious Weed Board has been in contact with hundreds of people over the past few years, and there is tremendous support for this. He encouraged the Board to move forward with it. A brief discussion took place regarding Tom Blust's name being stated in the Order as the weed inspector, and whether it would be better to merely indicate the "Road Department Director". Rick Isham explained that statute reads to designate a person. He will investigate this further before Wednesday. He further said that this district would become effective the day after the second publication. This was placed on Wednesday's consent agenda. 3. Before the Board was Discussion and Consideration of Chair Signature of an Intent to Award a Contract for the Overlay of O.B. Riley Road and Tumalo Road. George Kolb said that Hooker Creek Asphalt was the low bidder, and that a notice of intent to award the contract is ready for signature if this meets with the Board's approval. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Discussion and Consideration of Signature of Order No. 2002-045, Surrendering Portions of Maple Avenue and Larch Avenue to the City of Redmond. George Kolb indicated this is necessary due to the City of Redmond's annexation of the area. Part of this is for the County to turn over the jurisdiction of the roads. This was placed on Wednesday's consent agenda. Minutes of Board of Commissioners' Work Session Monday, March 11, 2002 Page 2 of 7 Pages 5. Before the Board was Discussion and Consideration of Signature of Order No. 2002-047, Assigning the Name of Rainbow Court to an Unnamed Access Road (near Redmond). This was placed on Wednesday's consent agenda. 6. Before the Board was Discussion and Consideration of Signature of Order No. 2002-048, Changing the Name of this Second Street to Diana Lane (near Sunriver). This was placed on Wednesday's consent agenda. 7. Before the Board was Discussion and Consideration and Consideration of the Second Reading and Signature of Ordinance No. 2002-004, Amending Title 22 of the Development Procedure Ordinance of the Deschutes County Code in Order to Comply with Oregon Revised Statute. This will be addressed at Wednesday's meeting. 8. Before the Board was Discussion and Consideration of Approval of an Agreement regarding a Waiver of Planning Fees for the La Pine Water District Totaling $2,525.25. Eileen Obermiller said that she hasn't gotten a response from the La Pine Water District on questions previously raised by the Board. She asked that this be removed from the agenda until she receives further information. 9. Before the Board was Discussion and Consideration of the Second Reading and Signature of Ordinance No. 2002-011, Amending Title 15.04 of the Deschutes County Code, Building and Construction Codes and Regulations (regarding Water Districts). This will be addressed at Wednesday's meeting. ivitnutes of board of Commissioners' Work Session Monday, March 11, 2002 Page 3 of 7 Pages 10. Before the Board was Discussion and Consideration of a Decision Whether to Sign a Restrictive Covenant (Easement) to Allow a Single -Family Dwelling to be Placed within 250 Feet of the Boundary of a Surface Mine Zone (County -Owned Property). Chris Schmoyer indicated that the Kennys wish to replace their homesite. Code requires an agreement if there is a residence to be placed within 250 feet of a noise or dust generating use. The County owns the adjacent land, which is zoned surface mining; it is not active at this time and apparently has never been. He stated a waiver of remonstrance is required as a condition of approval of the site plan. Code is very explicit regarding the terms of the agreement. Commissioner Luke asked how the existing structure would be handled. Mr. Schmoyer said it apparently would become a storage building or an accessory building. The septic system would also be abandoned unless there will be a bathroom included in a shop building, for instance. He said he would investigate this further prior to Wednesday's meeting. This will be addressed at Wednesday's meeting 11. Before the Board was Discussion and Consideration of the Continuation of a Public Hearing (Continued from January 23, 2002) on Measure 7; and Consideration of Approval of Ordinance No. 2002-012 (Previously Ordinance No. 2001-017), regarding Private Property Compensation Procedures. George Read said that the Supreme Court is expected to decide this issue within six weeks. On Wednesday, he will ask that this hearing be again continued, to Wednesday, April 24. This will be addressed at Wednesday's meeting. 12. Before the Board was Discussion and Consideration of Signature of an Order Accepting a Petition Filed for the Vance Annexation into Howell's Hilltop Acres Special Road District, and Setting a Hearing Date. This will be addressed on Wednesday's meeting. Minutes of Board of Commissioners' Work Session Monday, March 11, 2002 Page 4 of 7 Pages 13. Before the Board was Discussion and Consideration of Signature of a Personal Services Contract between Deschutes County and Milton D. Aleshire Consulting, to Provide for Training and Technical Assistance for Juvenile Community Justice Aftercare Specialists. Kelley Jacobs said the purpose of this contract is to address the necessary training and technical assistance for aftercare specialists. This also addressed two elements of the CYIP improvement plan, and will help them to meet the deadline of March 31. Chair DeWolf asked if there was a potential conflict of interest, as Mr. Aleshire is on the Commission on Children & Families' Board. Ms. Jacobs said that he would excuse himself from voting if there was a potential conflict. Rick Isham indicated that Mark Amberg is reviewing the contract and should be able to respond to this question by Wednesday. Chair DeWolf also expressed a concern about the independent contractor status, and indicated he wants to be sure this status is correct. This will be addressed at Wednesday's meeting. 14. Before the Board was Discussion and Consideration of Signature of an Amendment to an Intergovernmental Agreement (Document No. 2002-024) between Deschutes County and the Oregon Water Resources Department for the Exchange of GIS Data. Bob Haas explained this is a minor amendment to an existing 2000 agreement. It allows Oregon Water Resources and Deschutes County to share information, especially for mapping purposes. This was placed on Wednesday's consent agenda. 15. Before the Board was Discussion and Consideration of Signature of an Intergovernmental Agreement (Document No. 2002-023) between Deschutes County and the City of Sisters regarding the Exchange of GIS Data. This was placed on Wednesday's consent agenda. l�illlu«� u, Duaru of k-ommissioners' Work Session Monday, March 11, 2002 Page 5 of 7 Pages 16. Before the Board was Discussion and Consideration of Signature of Resolution No. 2002-013, Authorizing the Financing of Assessment and Taxation Software and Related Hardware, and Landfill Excavation Equipment. This will be addressed by Marty Wynne at Wednesday's meeting. 17. Before the Board was Discussion and Consideration of Signature of Letters Reappointing Barbara Stone and Craig Unger to the Central Oregon Regional Housing Authority This was placed on Wednesdays consent agenda. 18. Before the Board was Discussion and Consideration of Signature of Letters Appointing Mark Herber and Ed Brown to the Ponderosa Pines East Special Road District This was placed on Wednesday's consent agenda. 19. ADDITION TO THE AGENDA Before the Board was Discussion and Consideration of Ratification of an Amendment to Contract No. 10115 between Deschutes County and the State of Oregon Human Services Department, Adding Required General Provisions. Rick Isham explained that this relates to an intergovernmental agreement with the State that was already approved by Deschutes County. The State wishes to substitute general conditions within the contract, since they evidently erred when they sent out the contract, since federal money is involved. He said they are watching their paperwork more closely this year, especially when it relates to federal funds. He further stated that he has been working with the Mental Health department in an attempt to get their paperwork up to date. He has offered his services in setting of a way to track their contracts, but thus far they have not taken him up on his offer. This was placed on Wednesday's consent agenda. Minutes of Board of Commissioners' Work Session Monday, March 11, 2002 Page 6 of 7 Pages Being no further items brought before the Board, Chair Tom DeWolf adjourned the meeting at 10:40 a.m. DATED this 111h Day of March 2002 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Minutes of Board of Commissioners' Work Session Monday, March 11, 2002 To DeWolf, Chair R. Luke, Commissioner Z&ax",J Michael M. Daly, Co missioner Page 7 of 7 Pages