2002-951-Minutes for Meeting June 24,2002 Recorded 6/25/2002DESCHUTES COUNTY OFFICIAL RECORDS yd 1001■951
JT E S C MARY SUE PENHOLLOW , COUNTY CLERK
COMMISSIONERS' JOURNAL 06/25/2002 03:13:27 PM
2� Board of Commissioners
QUA A A -C
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 WORK SESSION Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 249 2002
Commissioners' Hearing; Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom De Wolf was unable to attend. Also present were Mike Maier, County
Administrator; Susan Ross and Dave Givans, Commissioners' Office; Timm
Schimke. Solid Waste Department; Tam Blust and Roger Olson, Road Department;
Patty Olson Lindsey and Debi Harr, Commission on Children & Families; and
Suzanne Donovan and Bonnie LaMont, Mental Health Department. Also in
attendance were George Read, Paul Blikstad, Roger Everett, Damian Syrnyk,
Doreen Blome' and Barbara Rich, Community Development; Rick Isham and Laurie
Craghead, Legal Counsel; Judy Sumners, Risk Management; Media Representatives
Mike Cronin of the Bulletin and Barney Lerten of bend.com; and six other citizens.
Acting Chair Michael M. Daly opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Nothing was offered.
15. Before the Board was a Discussion and Consideration of Signature of an
Amendment to a Contract between Deschutes County and Wert &
Associates regarding the Installation of Septic Systems as a Part of the La
Pine Demonstration Project.
Commissioner Daly expressed concern regarding the increase in the amount of
this contract, and asked for further information.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 1 of 11 Pages
Quality Services Performed with Pride
Barbara Rich indicated that there have been price changes in several contracts
during the past two years. Some were for additional costs, and some were for
time extensions.
Steve Wert, the designer of the system, indicated that there are six of these
systems; Cason Construction is doing three and Russell Construction is doing
the other three. The first one is now in place, and two more have been started.
Barbara Rich added that target performance criteria was used for selection, not
necessarily the budget amount, as these are innovative systems.
Commissioner Daly said that a contract was signed giving a specific amount for
a specific job. There's nothing in the contract indicating the price could be
changed at will. He asked if a different kind of contract should be used.
Mr. Wert explained that the installation was delayed over the winter, and when
it became time to order the material, the supplier came back with a higher price.
The extra costs are primarily for monitoring ports, and the time it takes to install
them. He further said that once this system is in place, it could save money
over a sand filter system. Since he is the designer, there is no extra profit for
him; and the contractor is completing the project at just his actual costs for time
and material.
Rick Isham stated that when the contract was developed, it provided for a ten-
day termination clause; this was decided at the Community Development
Department level. Ms. Rich brought forward an alternative to the termination
contract. It is in the public interest to assure that the contractors involved in the
installation of these innovative systems are not caught short and need not
terminate the contract, but can renegotiate the contract to cover costs. The
contractor's alternative basically is to give notice. The County wants the
systems, so would be forced to renegotiate to get where it was going anyway. It
is highly unusual to have to renegotiate, but these systems are on the cutting
edge and the federal grant requires it, and we're on a tight time frame. It's more
in the nature of a design -build process. There are a lot of unknowns.
Barbara Rich indicated that this is the last one, as the installation portion of the
program is nearly complete.
This item was placed on the Wednesday, June 26 Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 2 of 11 Pages
2. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-068, Establlishing a New Fee Waiver Policy and
Setting Fee Waiver Amounts for Fiscal Year 2002-03.
Timm Schimke said the policy allows a waiver of landfill fees for non-profit
agencies if they are in the business of reselling used goods. As they are
successful, they keep material out. of the landfill. The allocation is based on
their usage during the year and their anticipated usage. The department works
with them on how to minimize what they bring to the landfill, and refer them to
the recycling team as well. However, the agencies do have material dumped on
them during off -hours that cannotbe sold.
He said that his department looked at the inflation factor, and had about
$37,000 worth of waivers to allocate. They gave the maximum under the
existing policy, which is what the agency asked for up to a $5,000 maximum.
Most of the agencies had an increase last year. He said he is not asking that the
policy change in writing; he is proposing that as these agencies meet their
maximum, to work with them on an individual basis. This is not money paid
out; it is income not received.
This item was placed on the Wednesday, June 26 Consent Agenda.
3. Before the Board was a Discussion and Consideration of Signature of a
Cooperative Improvement Agreement between the Oregon Department of
Transportation, Crook County, the City of Prineville, the City of Bend and
Deschutes County, Outlining the Obligations of the Participants in Regard
to a Feasibility Analysis of the Relocation of State Highway 27 (Millican
Road).
Tom Blust explained this agreement is to cover the cost analysis of the relocation
of State Highway 27. Commissioner Luke said that this road would take truck
traffic going north instead of going into Bend and taking Highway 97.
Tom Blust added that it could take as much as 25% of those trucks off the route.
The cost of the study is $50,000. The Oregon Department of Transportation
and Crook County will pay $20,000 each, with the remainder being paid by
cities and Deschutes County.
This item was placed on the Wednesday, June 26 Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 3 of 11 Pages
4. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Andrew Amort to the Deschutes County Noxious Weed
Advisory Board.
Roger Olson said that Mr. Amort came to the first meeting, and is anxious to
help the group take the next step.
This item was placed on the Wednesday, June 26 Consent Agenda.
5. Before the Board was a Discussion and Consideration of Signature of the
Fiscal Year 2002-03 Funding Report and Grants from the Commission on
Children & Families.
Patty Olsen -Lindsey and Debi Harr explained that the funding report outlines
their recommendations. Monitoring reports would be provided each quarter.
At this time, there was a brief discussion of funding for the Relief Nursery and
CYIP. Susan Ross indicated that some details related to this funding need to be
discussed further.
This item will be addressed on Wiednesday, June 26.
6. Before the Board was a Discussion and Consideration of Signature of a
VOCA I Service Contract, Continuing KIDS Center Therapy for Victims
of Child Abuse.
Suzanne Donovan stated that there are two contracts: VOCA I and VOCA II.
One covers abused children, and the other serves families of abused children
and the children. This is operated through the KIDS Center, and is pass-
through grant funding.
This item was placed on the Wednesday, June 26 Consent Agenda.
7. Before the Board was a Discussion and Consideration of Signature of a
Grant Agreement with Rimrock Trails, Continuing Residential Treatment
Services for Indigent Youth.
Suzanne Donovan said this is pass-through money from the State, in the same
amount as last year.
This item was placed on the Wednesday, June 26 Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 4 of 11 Pages
8. Before the Board was a Discussion and Consideration of Signature of an
Intergovernmental Agreement with Rimrock Trails, Continuing DUI
Treatment Services.
This item was placed on the Wednesday, June 26 Consent Agenda.
9. Before the Board was a Discussion and Consideration of Signature of the
By -Laws of the Newly Formed ]Local Alcohol, Drug and Mental Health
Advisory Board.
Both groups agreed to merge, and Legal Counsel and the groups have approved
the by-laws. The only change is that Stan Owen asked that the name be
changed to the Mental Health, Alcohol and Drug Advisory Board.
This item will be addressed on Wednesday, June 26.
10. Before the Board was a Discussion and Consideration of Signature of
Contract No. 2002-108 between Karen Green & Associates and Deschutes
County, Continuing Hearings Officer Services.
George Read said that this is a standard contract for Hearing Officer services.
They are paid by approximately one-quarter of the application fees. What has
changed is the contract, which has been upgraded by Legal Counsel. Since the
Hearing Officer has a hearing scheduled for July 2, there's a tight time frame.
Some minor details of the contract are being negotiated at this time.
This item will be addressed on Wednesday, June 26.
11. Before the Board was a Discussion and Consideration of Signature of
Contract No. 2002-107 between Bend Mailing Service and Deschutes
County, Continuing Services Related to the Preparation and Mass Mailing
of Community Development Documents.
George Read explained that this service was contracted last year; it has saved
his department money. The rates are going up slightly. There have been no
complaints received, and he isn't aware of any real problems.
This item was placed on the Wednesday, June 26 Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 5 of 11 Pages
12. Before the Board was a Discussion and Consideration of a Decision Whether
to Hear an Appeal of the Hearings Officer's Decision regarding a Guest
Ranch in an Exclusive Farm Use Zone (in an Area off Indian Ford Road).
Paul Blikstad gave a brief overview of the appeal. He said there were extensive
hearings with a lot of input. However, the 150 -day period expires this week so
there is no time for the Board to be able to hear it. Therefore, it would have to
go to LUBA. The opponents had asked for an additional hearing, but based on
the Hearings Officer's schedule, availability of the hearing room and various
vacations, about six weeks' time was lost.
Commissioner Luke said that the Hearings Officer finished the hearing. Mr.
Blikstad stated that the Hearings Officer agreed to an additional hearing, as the
applicant submitted a thick packet of supplemental information at the hearing.
Laurie Craghead explained the only choice is a writ of mandamus against the
County. If the County delays, that could take the County to Circuit Court. The
standard would change and the burden of proof would go on the County to
prove this doesn't violate land use laws.
LUKE: I move, that because of the time constraints of the 150 -day rule, we
don't hear this.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
13. Before the Board was a Discussion and Consideration of a Decision
Whether to Hear an Appeal of the Hearings Officer's Decision Denying a
Conditional use Permit and Tentative Plat for a Cluster Development in a
Rural Residential Zone (near Deschutes River Woods).
Damian Syrnyk gave an overview of this appeal, which was received on a
timely basis. The 150 -day period ends on August 13, 2002. The proposal met
almost all criteria, except two, which relate to the calculation of open space and
housing density. This is within one mile of the current City of Bend urban
growth boundary in a rural residential zone.
Commissioner Luke observed that if the City expands, it can't go west; it would
likely go south toward this area. He said that from a planning viewpoint, a
cluster development makes sense:; instead of having homes on large lots.
Minutes of Board of Commissioners' Wort: Session Monday, June 24, 2002
Page 6 of 11 Pages
Mr. Syrnyk added that it would allow them to make use of the property and still
retain open space. It could eventually be included in the UGB and developed
further. Four or five people have indicated opposition; their main concerns
were whether the units were consistent with the character of the area, and traffic
impacts.
This item will be addressed on Wednesday, June 26.
14. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-087, Accepting a Petition for Designation of Territory
Known as the "Crosswater No Shooting District" and Setting a Hearing
Date of July 24, 2002.
Doreen Blome' said that there has been no opposition to this issue, and all
requirements have been met.
This item was placed on the Wednesday, June 26 Consent Agenda.
15. Before the Board was a Discussion and Consideration of Signature of an
Amendment to a Contract between Deschutes County and Wert &
Associates regarding the Installation of Septic Systems as a Part of the La
Pine Demonstration Project.
This item was placed on the Wednesday, June 26 Consent Agenda.
16. Before the Board was a Discussion of a Letter to Deschutes County from
Edward Fitch, Attorney, regarding a Voluntary Compliance Agreement.
Laurie Craghead said this had been discussed last week; the attorney for the
party in violation had asked for continuance to this week. He called to say he
wouldn't be attending at this time; that his clients are fine with the revamped
voluntary compliance agreement changing the date to October 1, 2004.
Commissioner Luke asked to see the revised form, signed by the applicants,
prior to Tom Anderson signing for the County.
Minutes of Board of Commissioners' Work: Session Monday, June 24, 2002
Page 7 of 11 Pages
17. Before the Board was a Discussion and Consideration of Signature of a
Memorandum and Agreement Regarding the Delegation of the Managing
Authority, the Appointment of the District Managing Board, and the
Responsibilities of the Managing Board for the Sunriver Service District.
Laurie Craghead said she is still working on this agreement, which has gone to
Sunriver Owners Association for the review of their attorney. As the governing
body, the Board of County Commissioners has indicated a desire to delegate
management of the district to the district managing board.
A separate agreement for contracting with the SROA for police and fire services
for ninety days is being worked on by Legal Counsel. It is due by July 1. She
also said that the names of the nominees for the board have been received.
Gary Fiebick, representing the Sunriver Owners Association, said that they are
close on the agreements. They had announced to all Sunriver owners and locals
that the board was taking applications. There were ten responses; one was out
of the country and could not be interviewed, and one more withdrew. Of the
eight interviewed, five were selected.
This item will be addressed on Wednesday, June 26.
18. Before the Board was a Discussion and Consideration of Signature of an
Indemnity Agreement for the Cascade Cycling Classic, to be Held July 10-
143,2002.
0-
14,2002.
Judy Sumners stated that this is the 23rd year of this event. All documents are in
place. The County will control traffic out near Tumalo, and no roads will be
closed. The City of Bend and Oregon State Police are also involved.
This item was placed on the Wednesday, June 26 Consent Agenda.
19. Before the Board was a Discussion and Consideration of Signature of a
Contract with the Humane Society of Central Oregon, Continuing Services
Related to Animal Impoundment and Maintenance Care.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 8 of 11 Pages
Mike Maier explained that the contract is basically the same as last year, and
includes a cost of living increase in the daily fee; it is a 2% increase as allowed
by the terms of the contract. Also added was disinfecting the trucks going to
the Redmond shelter, which is being done now.
This item was placed on the Wednesday, June 26 Consent Agenda.
20. Before the Board was a Discussion and Consideration of Signature of a
Contract with the Redmond Humane Society, Continuing Services Related
to Animal Impoundment and 1V[aintenance Care.
This item was placed on the Wednesday, June 26 Consent Agenda.
21. Before the Board was a Discussion and Consideration of Signature of an
Amendment of Intergovernmental Agreement No. 18629 between the
Oregon Department of Transportation and Deschutes County, Extending
the Expiration Date of Grant Agreements relating to the Residential
Assistance Program to June 30, 2003.
Susan Ross said this concerns a grant from the State for the purchase of two
vans for the Residential Assistance Program. The vehicles have been ordered,
but won't be ready until September.
This item was placed on the Wednesday, June 26 Consent Agenda.
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-064, Transferring Appropriations within the
Deschutes County Fiscal Year 2001-02 Budget, and Directing Entries.
This item was placed on the Wednesday, June 26 Consent Agenda.
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-067, Adopting the Deschutes County Fiscal Year 2002-
03 Fee Schedule.
Susan Ross said there has been no feedback received.
This item will be addressed on Wednesday, June 26.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 9 of 11 Pages
24. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-044, Adopting the Deschutes County Fiscal Year 2002-
03 Budget.
This item will be addressed on Wednesday, June 26.
25. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-045, Levying Ad Valorem Taxes and Making
Appropriations to the Deschutes County Fiscal Year 2002-03 Budget, and
Directing Entries.
This item was placed on the Wednesday, June 26 Consent Agenda.
26. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Kevin King to the Board of the Panoramic Access
Special Road District.
This item was placed on the Wednesday, June 26 Consent Agenda.
27. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control License Application for Walker's Grill and
Tiki Bar, Sunriver.
This item was placed on the Wednesday, June 26 Consent Agenda.
28. Before the Board were Additions to the Agenda.
Citizen Lynn Connolly asked to speak before the Board. She was interested in
proposing a specific animal welfare law regarding the tethering of animals; not
just dogs, but farm animals as well.. There have been many cases of chains being
imbedded into the necks of these animals. She wants to propose this be
regulated. She said she volunteers for the humane society, but that they can't take
this on because they have so much to handle already.
Commissioner Luke suggested that she investigate the initiative process. Rick
Isham explained that the Clerk's office has forms and booklets on how this can be
done. Ms. Connolly indicated that she would look into this further.
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 10 of 11 Pages
Being no further items brought before the Board, Acting Chair Michael M. Daly
adjourned the meeting at 11:40 a.m.
DATED this 24th Day of June 2002 for the Deschutes County Board of
Commissioners.
ATTEST
t
Recording Secretary
Tom DeWolf-.?Chair
K
R. Luke, Commissioner
Mi ael . Dalyj o ssioner
Minutes of Board of Commissioners' Work Session Monday, June 24, 2002
Page 11 of 11 Pages