2002-953-Minutes for Meeting June 19,2002 Recorded 6/25/2002DESCHUTES COUNTY OFFICIAL RECORDS 0J 2407.953
JT E S C MARY SUE PENHOLLOW , COUNTY CLERK
COMMISSIONERS' JOURNAL 06/25/2002 03:13:27 PM
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 MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 199 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 Mike Maier, County Administrator; Rick Isham, Mark Amberg
and Laurie Craghead, Legal Counsel; Jenny Scanlon and Bob LaCombe, Juvenile
Community Justice; Tom Anderson, George Read and Steve Miller, Community
Development; Muriel Delavergne-Brown, h1ealth Department; Susan Ross, Jenny
Scanlon and David Givans, Commissioners' Office; Michael Dugan, District
Attorney; Tom Blust, Road Department; Media Representatives Mike Cronin, the
Bulletin; and Jeff Mullins, KBND Radio; and five other citizens.
Chair Tom De Wolf opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
Mike Dugan asked for a moment of the Board's time. He then made a
presentation of a Special Deputy District Attorney badge to Legal Counsel
Laurie Craghead for her help with a specific case.
No other input was offered.
2. Before the Board was a Public Hearing on the Deschutes County Fiscal
Year 2002-2003 Fee Schedule.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 1 of 16 Pages
Quality Services Performed with Pride
Susan Ross said she e-mailed the Board in reply to concerns they had regarding
the Fee Schedule. Commissioner DeWolf asked for clarification of the fees for
Property Management. Ms. Ross explained that Tammy Credicott said that the
fees hadn't been raised in years, and the new fees have gone up to match the
actual time requirements of the items.
Chair DeWolf asked a question about Healthy Start, which Ms. Ross clarified.
She said that some duplications that had been on the draft were eliminated, and
a couple of charges that should have been on the schedule were added.
Chair DeWolf then opened the public hearing.
Being no input offered, he then closed the public hearing
3. Before the Board was a Public Hearing and Consideration of Adoption, by
Emergency, of Ordinance No. 2002-015 and Ordinance No. 2002-026,
Amending Height Restrictions and Building Setback Requirements in the
La Pine Business Park District and La Pine Industrial District.
Commissioner Luke explained for the record that he had attended the La Pine
Park District's annual dinner, and that this issue was briefly discussed at that
time. Laurie Craghead stated that this is a quasi -legislative matter, and is still a
land use action, so it is a good idea to put it on the record in any case.
Chair DeWolf then opened the public hearing.
Darwin Thurston, President of the La Pirie Industrial Group, testified that this
action would amend the height limits to snake them consistent with the rest of
the County. He added that changing the 50 -foot setback makes an allowance
for parking, and that most places now developed are doing that; this would
make it consistent with other areas.
Steve Miller explained that there's the business park, and the industrial district.
The business park asked to be exempted from the parking setback requirement.
Midstate Electric was a party to this request.
Commissioner Luke asked if the CC&R'S were changed. Mr. Miller replied that
those were just for the business park, and. were set up to accommodate this
change. He added that storm water runoff is also being addressed, so that
curbing can be done in an appropriate manner.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 2 of 16 Pages
Being no further testimony offered, Chair DeWolf then closed the public hearing.
LUKE: I move approval of first and second readings, by title only, of
Ordinance No. 2002-015, and declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair De Wolf then conducted the first and second readings, by title only,
declaring an emergency.
LUKE: I move that the minor changes as recommended by Legal Counsel by
added to this Ordinance.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
LUKE: Move approval as amended, subject to legal review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
LUKE: I move approval of first and second readings, by title only, of
Ordinance No. 2002-026, and declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then conducted the first and second readings, by title only,
declaring an emergency.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 3 of 16 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Maple Star Oregon, Continuing
the Therapeutic Foster Care Program.
Jenny Scanlon explained that at the Monday work session information was
requested regarding progress reports andevaluations, and was provided to the
Board. A quarterly report is provided to the Commission on Children & Families,
and there are monthly meetings of Juvenile Community Justice and Maple Star.
Commissioner Luke asked Bob Lacombe about cutting back the number of
beds. Mr. LaCombe said sometimes they are over the number, sometimes
under, but it balances out over the year.
Commissioner Luke asked what the results are of the youth who are there. Mr.
LaCombe said that Maple Star is the only place that is available, except for
State facilities. It is a very necessary program, and the department could use
many more like this.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
5. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Habitat for Humanity,
Continuing the Restorative Justice/Mentoring Program involving At -Risk
Youth.
Jenny Scanlon said there had a financial question raised by the Commissioners
at Monday's work session. She explained that this program is not CYIP funded.
Mr. LaCombe said some kids come to them through CYIP, but also older kids
who need to do a significant amount of community work service. It is general
fund money.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 4 of 16 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Consideration of Signature of Order No. 2002-089,
Canceling Uncollectible Property Taxes.
Mark Amberg explained that Marty Wynne, Treasurer, and Legal Counsel, have
requested this Order be approved per ORS to cancel certain taxes that have been
determined to be uncollectible. Some of the debtors may have declared
bankruptcy or have gone out of business, and there are other various reasons for
non-payment. The Tax Collector makes an effort to collect them; when a
problem arises, Legal Counsel analyzes the issue to determine if it is worth the
tax dollars it would take to pursue collecting on them. This is the general
process utilized. He recommended that the order be approved by the Board.
LUKE: Move signature of Order No. 2002-089.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Signature of Amendment #1 to a
Community Development Block Grant for the Alyce Hatch Center Project.
Susan Ross explained that the State changed the rules because the project deals
with children and not adults.
Rick Isham said the issue came up last fall, but that the document from the State
just arrived this month. Some funds have already had to be expended on this
agreement. This amendment does change the reporting rules and other items
significantly.
Commissioner Luke said the surveys have been done, and that it has been
explained to him that meeting the new requirement won't be a problem.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 5 of 16 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
At this time, Commissioner Daly asked that item #19 be removed from the
consent agenda, as he has questions regarding this contract amendment. He is
not comfortable with this change, and wonders if it is justified. He would like
the parties to come in and discuss this with him in more detail.
DEWOLF:
It is about a year later, and some of it is an increase in materials costs, and it is
spread over three projects.
DALY:
How can we do this if a contractor makes an error and comes back for more
money.
ROGER EVERETT:
They are experimental systems, and the increases are a result of the monitoring
requirements of these projects. I did talk with Mr. Wert, who is out of state
right now. He will come to the meeting next week to explain it. Most of these
innovative systems are experimental, and as they found out because of our
sampling requirements the cost has to be raised.
DALY:
The original contract does not allow for anything like that. If he gave a firm bid
to do the job, he should explain why this change is necessary.
EVERETT:
The problem was between him and the person who bid on the project.
DALY:
It is obvious to me that his contract left out a lot. If his contractor didn't have
full information, it can be understood.
LUKE:
Do change orders go back to the federal government agency? Have they
approved?
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 6 of 16 Pages
EVERETT:
They probably will. There are fifty systems, and we have had to upgrade others
in the past based on our needs and requests, and the overall learning experience
of putting in these systems.
DALY:
Has this contractor done these before?
EVERETT:
Not the innovative systems, but many regular systems. He is a consultant who
designs systems. No systems are in at this time; these will be new systems.
He's the last consultant with his proposal on this large project. The federal
government approved his design.
LUKE:
Please write your questions down so the contractor will have them in advance
of the meeting.
Before the Board was the Consent Agenda.
LUKE: Move approval of the consent agenda, with the exception of item # 19.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Consent ALrenda Items:
8. Signature of a Clinical Affiliation Agreement between Deschutes County and
Central Oregon Community College regarding the COCC Nursing Program
9. Signature of Amendment #28 to Oregon Department of Human Services
Agreement #09-011, Describing and Awarding Funding for a Special Alcohol
and Drug Abuse Project
10. Signature of Amendment #10 to Oregon Department of Human Services
Agreement #09-011, Revising the Language of Various Projects (re:
Developmentally Disabled; Alcohol & Drug Abuse; DUII Rehabilitation; and
Marijuana Treatment)
11. Signature of an Amendment to an Agreement with the State of Oregon Youth
Authority for At -Risk Youth Programs
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 7 of 16 Pages
12. Signature of an Agreement between Central Oregon Independent Health
Services (Clear Choice Health Plans) regarding the Provision of Medicare and
Other Programs
13. Signature of an Intergovernmental Agreement between Deschutes County and
the State Board of Parole and Post -Prison Supervision, Clarifying the Violation
Hearings Process
14. Signature of Order No. 2002-079, Changing the Name of Squaw Carpet to Vine
Maple
15. Signature of Order No. 2002-081, Changing the Name of a Portion of Hawks
Beard to Bishop's Cap (in Black Butte Ranch)
16. Signature of Order No. 2002-082, Changing the Name of a Portion of Hawks
Beard to Ponderosa (in Black Butte Ranch)
17. Signature of Order No. 2002-080, Changing the Name of a Portion of Hawks
Beard to Mahonia (in Black Butte Ranch)
18. Signature of Order No. 2002-078, Changing the Name of Squaw Tea to
Mountain Rose (in Black Butte Ranch)
19. 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 removed from the Consent Agenda
and will be addressed at next week's meeting.
20. Signature of an Amendment to a Contract between Deschutes County and DataStor
to Include the Conversion of Microfiche Records to a Compatible Digital Form
21. Signature of Letters Appointing Two Citizens to the County Planning
Commission (William Wyatt to a Four-year Term, and Brenda Pace to a Two-
year Term)
22. Signature of Order No. 2002-086, Declaring the Result of the May 21, 2002
Election on the Formation of Spring River Special Road District
23. Signature of Order No. 2002-085, Declaring the Result of the May 21, 2002
Election on the Formation of the Sunriver Service District
24. Signature of a Contract between Deschutes County and Drive 2 Survive,
Continuing this Driver Training Program
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 8 of 16 Pages
25. Signature of an Indemnity Agreement between Deschutes County and USA
Triathlon & AA Sports, Ltd. for the Pacific Crest Triathlon to be Held June 29,
2002
26. Signature of an Indemnity Agreement between Deschutes County and La Pine
Frontier Days Association for the Annual La Pine Frontier Days Celebration to
be Held July 3 through 6, 2002
27. Signature of an Addendum to a Lease between Deschutes County and the State
Water Resources Department for the Use of County Facilities at 1340 NW Wall
St., Bend
28. Signature of Order No. 2002-084, Transferring Cash among Various Funds as
Budgeted in the Fiscal Year 2001-02 Deschutes County Budget, and Directing
Entries
29. Signature of Resolution No. 2002-059, Transferring Appropriations within
Deschutes County Solid Waste Funds within the Fiscal Year 2001-02
Deschutes County Budget, and Directing; Entries
30. Signature of Resolution No. 2002-060, Increasing a Cash Change Fund for the
Community Development Department to, a Total of $425 (Spread between
Three Office Locations)
31. Signature of Resolution No. 2002-061, Transferring Appropriations within the
General Fund for Cash Flow Purposes, within the Fiscal Year 2001-02
Deschutes County Budget, and Directing Entries
32. Signature of Resolution No. 2002-062, Transferring Appropriations within
Various Funds of the Fiscal Year 2001-02 Deschutes County Budget (to Cover
the Purchase of Grounds Maintenance Equipment), and Directing Entries
33. Signature of Letters Reappointing Robert: Morrissey, Laurel J. Pierson and Lani
Sykes to the Deschutes County Dog Control Board of Supervisors
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
COUNTY SERVICE DISTRICT
34. Before the Board was Consideration oir Signature of Letters Appointing the
Following Citizens to the Board of the Black Butte Ranch County Service
District: Bill Carson (three-year term); Dann Boesch (three-year term);
and Warren Zielinski (one-year term).
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 9 of 16 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Before the Board was Consideration of the Black Butte Ranch/Teamsters
Union Contract.
At this time, Mike Maier had an addition to the agenda; this was consideration
of approval of the Union Contract between the Teamsters and Black Butte
Ranch County Service District.
Debbie Legg explained she and Mr. Maier worked with the management board
and representatives of the local. Mr. Maier explained the negotiated increases,
the fact that the officers pay the 6% into PERS themselves; do not have binding
arbitration but the union suggested it; and their health insurance has a maximum
that is less than that of the County; and generally how the contract is set up.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Before the Board was the Public Hearing on the Black Butte Ranch County
Service District Budget for Fiscal Year 2002-03.
Chair De Wolf opened the Public Hearing for the Black Butte County Service
District Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair DeWolf closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 10 of 16 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
35. Before the Board was Consideration of Signature of Resolution No. 2002-
063, Transferring Appropriations within Various Funds of the 9-1-1 County
Service District within the Fiscal Year 2001-02 Deschutes County Budget.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
36. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$3,256.02 (two weeks)
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Before the Board was the Public Hearing on the 9-1-1 Ranch County
Service District Budget for Fiscal Year 2002-03.
Chair DeWolf opened the Public Hearing for the 9-1-1 County Service District
Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair DeWolf closed the public hearing.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
37. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,754.98 (two weeks) and $88,469.00 (Construction).
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 11 of 16 Pages
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Before the Board was the Public Hearing on the Extension/4-11 County
Service District Budget for Fiscal Year 2002-03.
Chair DeWolf opened the Public Hearing for the Extension/4-H County Service
District Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair De Wolf closed the public hearing.
CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY
COUNTY SERVICE DISTRICT
Before the Board was the Public Hearing on the Bend Library County
Service District Budget for Fiscal Year 2002-03.
Susan Ross explained that this budget is $658,490.
Chair De Wolf opened the Public Hearin; for the Bend Library County Service
District Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair DeWolf closed the public hearing.
CONVENED AS THE GOVERNING BODY OF THE REDMOND
LIBRARY COUNTY SERVICE DISTRICT
Before the Board was the Public Hearing on the Redmond Library County
Service District Budget for Fiscal Year 2002-03.
Susan Ross explained that this budget is 1> 180,013.
Chair DeWolf opened the Public Hearing -for the Redmond Library County
Service District Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair DeWolfclosed the public hearing.
ivimutes of board of Commissioners' Meeting Wednesday, June 19, 2002
Page 12 of 16 Pages
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
LIBRARY COUNTY SERVICE DISTRICT
Before the Board was the Public Hearing on the Sunriver Library County
Service District Budget for Fiscal Year 2002-03.
Susan Ross explained that this budget is $93,973.
Chair De Wolf opened the Public Hearing for the Sunriver Library County
Service District Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair De Wolf closed the public hearing.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
Before the Board was the Public Hearing on the Sunriver Service District
Budget for Fiscal Year 2002-03.
Susan Ross explained that the permanent rate is $3.45, but only $2.98 will be
levied. In regard to management contracts, it is recommended that the budget
be adopted as appropriations can be transferred within categories as needed.
The total budget is $2,761,722.
Laurie Craghead said that names have not yet been received regarding the
managing board of five people. The agreement will be for the Commissioners
to delegate responsibilities for managing the district to the managing board.
Mike Maier explained that the Sheriff will extend the commission for ninety
days, but that any new officers brought in during that time period would have to
be certified.
Chair De Wolf opened the Public Hearingfor the Sunriver Service District
Budget for Fiscal Year 2002-03.
Being no testimony offered, Chair De Wolf closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 13 of 16 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
38. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of
$1,667,898.51(two weeks)
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
39. Before the Board were Additions to the Agenda.
Before the Board was the Public Hearing on the Deschutes County Budget
for Fiscal Year 2002-03.
A brief discussion of some recent changers to the proposed budget were
explained, including some appropriations and grants that have been received.
Susan Ross the total budget is $3,844,515.
Chair De Wolf then opened the public hearing on the Fiscal Year 2002-03
Deschutes County budget.
JOHN TAYLOR:
John Taylor, President of the La Pine Parks and Recreation District Board,
testified. He said that his group submitted a funding request for a portion of the
RARE program. Oregon State University provides resource assistance relating
to the environment; they provide an individual who is in a master's program to
help with planning for a year. The community has to come up with a portion of
the funding, but La Pine has no tax base for this and is barely getting by with
grant funds.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 14 of 16 Pages
He explained there are other requirements, but with just a volunteer staff, they
can't get it all done, and they have no capital improvement plan in place. They
were approached by the RARE administrators, who are interested in this
project, but they need the community share of $17,000 in place by September.
The County was asked for help with this, but it didn't make the cut during the
budget process. He asked if the Board could reconsider all or part of this
amount at this time.
Chair DeWolf observed that it's a real problem to have a Park District with no
tax base. The Board has strongly supported La Pine becoming incorporated,
but this effort has failed. By not being a city, La Pine residents have no local
control and have to rely on the County for everything. The byproduct of this is
that La Pine has to compete with every other need in the County, and there's not
enough money to go around. Many requests had to be turned down due to a
lack of resources, especially in this difficult year.
Mike Maier asked if they had gone to the; Industrial Group to ask for support,
since this would benefit the entire community. Mr. Taylor said he had not, but
will do so, and will advise Susan Ross of the outcome.
Being no further testimony offered, Chair DeWolf then closed the public
hearing.
A. Before the Board was Consideration of Signature of a Letter Appointing
Roger Lee to the Central Oregon Intergovernmental Council Board
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
B. Before the Board was Consideration of Signature of a Letter Appointing
Franklin (Pat) Layman to the La Pine Community Cemetery Board,
through March 31, 2005.
LUKE: Move approval, subject to review.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
Page 15 of 16 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair Tom DeWolf adjourned the
meeting at 11:15 a.m.
DATED this k Day of June 2002 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, June 19, 2002
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