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2002-1132-Minutes for Meeting August 14,2002 Recorded 8/26/2002COUNTY OFFICIAL MARYHSUE SPENHOLL W, COUNTYRCLERKS COMMISSIONERS' JOURNAL 08/26/2002 0900;07 AM 11i111[ijII IIIIIIIIIII1IIIIII 2321 Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 14, 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 George Kolb, Road Department; George Read, Steve Jorgensen and Christy Morgan, Community Development; Rick Isham, Legal Counsel; Jeff Kern, Surveyor; Bob Haas, Information Technologies; Media Representatives Barney Lerten of bend.com, Mike Cronin of the Bulletin, and Jeff Mullins of 'KBND Radio; and six other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Bob Slawson, a previous Commissioner and an active senior citizen, thanked the Board for its support and help in the development of the new Bend Senior Center. He added that more support is needed to be able to complete the Center's recreation room. 2. Before the Board was Consideration of Signature of a Deed of Dedication and an Acceptance of a Deed of Dedication for a Right -of -Way at the Intersection of Arnold Market Road and Rickard Road. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 1 of 15 Pages George Kolb explained that this ties up the realignment of Rickard Road. Avion Water Company has a water line in the property and a power line cuts through the corner; so a dedication.on the right of way was added to take care of this. LUKE: Move signature of both documents. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2002-117, Surrendering a Portion of NE Fifth Street to the City of Redmond. George Kolb said that this is part of the Redmond annexation program. LUKE: Move signature. DEWOLF: Second. VOTE: LUKE: Yes.' DALY: Yes: DEWOLF: Chair votes yes. 4. Before the Board was Consideration of Signature of Application Documents for a Grant from the Oregon Department of Transportation for the Terrebonne Sidewalk and Bike Lane Improvement Project. Commissioners DeWolf and Luke stated that this is a good project. Steve Jorgensen said that Chair signature is needed, as well as a signature of the COACT group. Commissioner Luke is a member of that group but said that it needs to go before the COACT board. LUKE: Move signature. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 2 of 15 Pages 5. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2002-030, Amending Title 17, regarding the Clarification of Minimum Road Design Standards for Rural County Roads Outside of the La Pine, Tumalo and Terrebonne Unincorporated Communities. Christy Morgan explained that this is a technical amendment to clarify minimum road design standards. George Kolb added that this includes Wickiup Junction, which is outside of the main La Pine community. He said that it basically states that if you are going to be doing roads, they will be to the community standards. Chair De Wolf opened the public hearing. Being no testimony offered, he closed the public hearing. LUKE: I move first reading of Ordinance No. 2002-030, by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then conducted the first reading of Ordinance No. 2002-030, by title only. 6. Before the Board was Consideration of Signature of an Agreement between Deschutes County and the City of Redmond regarding Joint Management of the Urban Growth Boundary. George Read and Bob Quitmeier, Director of the City of Redmond's Community Development Department, explained that there have been some clerical changes regarding the provision of building services to the City; including areas within the urban growth boundary. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 3 of 15 Pages 7. Before the Board was Consideration of Signature of a Professional Services Contract between Deschutes County and the City of Redmond regarding the Provision of Inspection Services to the City. George Read explained that the services include plan review, and electrical and building inspections. During the transition period, both entities will work on handling the fees. Commissioner Luke stated that he is glad this was worked out. It's good for the County since fees and activities are down, and this will help keep staff working, Mr. Quitmeier added that it is the goal of the City to have uniformity in its urban growth boundary, and they are glad this agreement has been reached. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board was a Public Hearing (Continued from July 3) on an Ordinance regarding Measure 7, Private Property Compensation Procedures. George Read asked that this item be continued to October 2, 2002, as the timeframe is not yet known, but when the courts make a decision it may have to be implemented quickly. He also said that his department wishes to avoid the cost of renoticing. Commissioner Luke said he thinks renoticing should be done anyway, since it's dragged on for two years. Chair DeWolf said that he would like to see the status stay as it is until a decision is made. Mr. Read said if it were to be renoticed, DLCD would have to be notified and that takes a 45 -day period of time. This hearing was continued to October 2, 2002, at 10: 00 a.m. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 4 of 15 Pages 9. Before the Board was a Public Hearing and Consideration of the First Reading of Ordinance No. 2002-031, Adopting Chapter 2.10 of the Deschutes County Code, in Regard to the Appointment of the County Surveyor. Rick Isham said a public hearing isn't necessary in this instance. He then gave a brief overview of the history of the issue, and indicated this will go before the public in the form of a ballot measure. In lieu of whole new charter, this may be changed by an Ordinance approved by the Board of Commissioners. This changes the method of how the Surveyor comes into office. It must be decided at a general election on an even year, 2002 or 2004. The Board can move to approve, but the change can't be effective until the voters approve it. It would take effect in January 2005, when the Surveyor's term takes effect. He further explained that it would provide that the Surveyor would be appointed by the Board of Commissioners, and would report to the County Engineer, within the Road Department, unless the County Engineer is the Surveyor. Then the Director of the Road Department would be the Surveyor's supervisor. All of the duties and responsibilities detailed in Oregon Revised Statute would still be required. He also said that although public hearings: are,not required for this kind of hearing, the Board can take comments if desired at any time during the process. The Board's decision is not the final decision; the election will determine that. At this time, Chair De Wolf asked if anyone wished to testify. JEFF KERN (current Surveyor): I was dismayed when I read this proposal. I've spent 14 years building this department. Two years ago the County voted against the home rule initiative. This represents one of the worst parts of that initiative. People don't want so much power concentrated at the top. This is an aggressive change to County government. I asked for input form pubic and professionals; they were shocked this is being considered. They were all dismayed that they didn't become a part of the process. I suggest you postpone this until qualified professionals can review the issue and present the Board with their recommendations. DEWOLF: We met with you many months ago to discuss this; it should not be a surprise that this is being considered. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 5 of 15 Pages LUKE: I have spoken with various surveyors, and they were neither shocked nor dismayed, and many were actually supportive. In any case, there is a large opportunity between the first and second readings to provide input, either verbally or in writing. DEWOLF: We can provide notice in the newspaper, but with the Bulletin and Bend.com here today and both involved, we will probably elicit more response this way than through an advertisement in the paper. LUKE: We have been fortunate in the last few years to have a professional quality Surveyor, but this has not always been the case. Just because someone runs a good campaign and wins the position, it doesn't mean the person is qualified, and perhaps are not necessarily a good administrator. We've discussed this situation with you, and you indicated you may or may not run. We don't know who else would run and if they would be qualified. I didn't support the charter measure, but for completely different reasons. I think the Surveyor, the Treasurer and the Assessor should be hired based on qualifications and experience, not just because they spend a lot of money or run a good campaign. Of course we will consider any comments" we receive. DEWOLF: I have several reasons to support this. For one thing, this is a position with specific qualifications, none of which are political in nature. It's not like a Commissioner, Mayor other setting policy. To me, there is no reason to elect a Surveyor, for the same reason we don't elect a Director for the Road Department or the Health Department. Second, with the economy being what it is, when we can combine administrative costs and overhead, the voters need to have a say. Third, there's job security. You have to spend money to run for office every four years. You should have job security without being subject to the threat of someone running against you, raising lots of money and getting elected just because of that. Those are my key reasons to put this before the voters. I have a great deal of respect for you and your work, but think this is something voters should decide on. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 6 of 15 Pages DALY: This is all fairly new to me, and I'm not sure I am supportive of a change. I'm still not decided, and want to discuss the situation with those in the community. I want to investigate this thoroughly to make sure it is in the best interests of the taxpayers. KERN: I think Tom's and Dennis' expressions of concern are motivated from the heart. I do object to their view that the Surveyor is technical role; this work is generally performed by staff. The Surveyor represents the community in an area that is extremely important to people in regard to their property rights. They appreciate the fact that they have an advocate, an elected official, someone who is not subordinate and represents the public. There have been some periods in Oregon history where developers have ignored or run roughshod over the feelings and concerns of citizens in regard to planning. A few years ago I had a developer from California upset, as I was holding up project. I am in favor of development, I feel it is a very strong asset, and I am actively involved in my private practice. I don't want to stop development, but want to take the time to make sure it's done properly. This developer didn't want to take that time, and tried bullying and threats. He came from an area where that type of thing worked, but I knew that he couldn't do that here. You probably wouldn't do that, and you weren't in office then. But citizens need to be able to turn out of office someone who doesn't do the job. DEWOLF: Except when it comes to the need to be elected. The Community Development Director deals with the same kind of problems. We also hire a Road Department Director based on experience and knowledge. I don't think there's a big difference; all positions like that should be elected if that's the case. We put lives in the hands of the Health Department Director, but no one has suggested that this person be elected. The same with the Parole and Probation Director; nobody has talked about electing that office. There's a specific set of technical skills with these types of jobs. When I run for office, I have to do political things to get elected, and some of those things may not be related to job performance. To me, that takes away from your ability to do your job during election years, when you should instead be focusing specifically on the duties of the job. It's an unnecessary burden, since the position is based primarily upon measurable technical skills and experience. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 7 of 15 Pages KERN: Part of the proposal changes the structure of the department, and combines it with the Road Department. The County had this structure fifteen years ago when I took office. It's not the time to go backwards; it didn't work well then, and all private surveyors were concerned that this position modernize and adapt. You told me at the meeting we had that you have heard no negative comments, but you want to turn back the clock; I feel this is a grave mistake, and it's not the time to do this. I ask that you take this off and put it aside until we have had enough time to really think about this, and think about the goals you have described before going there. We haven't had the time here. People are busy, and I had trouble getting even a few of them here to speak today. In any case, let's not debate the subject. DEWOLF: It may not move forward; however, debate would happen before November if it does. I think there are good reasons for this. This is a legitimate thing for the voters to hear and decide. You and I will end up on different sides of this issue, but that's the way government operates. I need to do as much as I can do make government efficient. This is moving forward, and will save the taxpayers money. LUKE: You have talked about developers putting pressure on you. I would like to know what those things were. We have established criteria in the cities and the County, and need to know what might have been contrary to law. KERN: This area is primarily the jurisdiction of the Planning Department. The Engineer represents planning for the subdivision as a matter of practice. But private sectors put a lot of credence on the Surveyor's signature that it was properly approved. And that it is spelled out by state statute, and not to second- guess the Surveyor's work. I'm not overly concerned about every small detail, but want to make sure it is a document that can be properly used to convey title to property. In the future, any Surveyor will be able to know that everything was properly done, including dedications and other documents. All of that is part of the review and approval process, before it's even submitted to the Surveyor's office, and then we are expected then to do our job properly. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 8 of 15 Pages KERN: In general, people have unrealistic expectations, and sometimes we have to send it back for corrections. The process of getting it right is the issue. Some people are in too much of a hurry, and that is where the pressure might come in, especially if they don't live here. It doesn't happen often, but it is a caution. DEWOLF: The timing is for this year, since two years from now this position comes up for election again. We could do this at the same time someone is running for office, but it would be confusing to everyone. Also, in regard to your comment regarding us wanting more power, the position would specifically report to the Road Department, for streamlining and efficiency. RANDY POVEY (private surveyor, Redmond): I disagree with two of the three points Commissioner DeWolf made. Job security is important. In regard to specific qualifications, conflicts of interest and management skills, I'd like to say that I have been in elected positions before and know land use laws very -well. As an elected official, the public is served by those laws. The State licenses land surveyors, therefore that person is qualified. DEWOLF: Conflict of interest applies to every public official, not those just elected. It's irrelevant whether they are elected or not. POVEY: Management skills is a good point. You could get elected and not have the best management skills out there. But it's not a one-man show, and land surveyors are educated and have earned their management skills. I think an elected official better serves the public, and is more accountable to the public. DEWOLF: When you consider that someone is getting elected, you know the process running for office. A couple of years ago the Mental Health Director left and had to be replaced. We put together a process that solicited candidates from all over, and had an extensive interview process with community partners, employees and administration. Going through this long, detailed process, with the involvement of professionals in the field, can really place a focus on references, qualifications, and background checks. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 9 of 15 Pages DEWOLF: In the election process, no one checks references, education, and other details. The hiring process is much more thorough and gives an opportunity to have the right person for the job, increases the chances to get the best -qualified person to work for citizens. POVEY: Bureaucracy is growing all the time, and I think being elected keeps it in check. It is really important how fast plats go through the process in their final form. That's up to the Surveyor, and think that person needs to be responsible to the electors. DEWOLF: I'd like to point out the opposite. George Read, the Director of Community Development, was appointed some years ago. When I was on the Bend City Council, all I heard was that people in the building community liked to come to Bend and not the County, as the County took too long. George, as an appointed director, has turned that around. We get reports every month on the average time it takes to go through the building process, internal surveys, and so on. He and his department do a good job. I think that people who work for Deschutes County are doing their best, . whether elected or appointed. Being elected or not has no impact on that. I want the most efficient government with the least bureaucracy. It can work in either capacity. I'd like to see us streamline and get rid of duplicate positions whenever possible. LUKE: It was a difficult decision for Susie (Penhollow) not to run again. She was concerned about who will step up, and whether they can maintain the high quality of her office. Fortunately we have a good candidate. There's no guarantee when a position is elected that the quality will be there. The person could not show up on a regular basis, or could do just a mediocre job. DEWOLF: It would be four years before the voters can again decide if a good job isn't being done. LUKE: The accountability to the citizens is still there, and in this case they can come to us if there is a problem. If the position is elected, we have no say in what is done. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 10 of 15 Pages POVEY: There are good arguments on both sides, and don't have my heels dug in yet. ISHAM: You can't read the ordinance by title if it is not unanimous. You would have to read the whole ordinance. This is not an endorsement, but just how it must be read. LUKE: Move first reading, by title only. DALY: I second. For the record, I'm still not decided on the entire issue. This simply allows for more debate. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then conducted the first reading, by title only. 10. Before the Board was Consideration of Approval of a U.S. Bancorp Resolution Authorizing Marty Wynne to Represent Deschutes County for Investment Purposes. Rick Isham explained that this allows Marty Wynne, Finance Director, to work with U.S. Bancorp. The bank says this document is necessary for their files. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 11. Before the Board was Consideration of Signature of Resolution No. 2002- 084, regarding the Refinancing of Three Bond Issues (Bend Library, 1993 Jail Bonds, and Fairgrounds Bonds). Mike Maier explained this is a good time to refinance, because interest rates are low. This should save the County over a million dollars. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 11 of 15 Pages LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 12. Before the Board was Consideration of Signature of Order No. 2002-115, Transferring Cash among Various Funds as Budgeted for Fiscal Year 2002-03, and Directing Entries. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 13. Before the Board was Consideration of Signature of Resolution No. 2002-. 079, Transferring Appropriations (regarding grant funding)- within the Deschutes County Health Department Budget for Fiscal Year 2002-03, and Directing Entries. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 14. Before the Board was Consideration of Signature of Resolution No. 2002- 080, Transferring Appropriations (regarding personnel changes) within the Health Department Budget for Fiscal Year 2002-03, and Directing Entries. LUKE: Move approval, subject to the review of the County Administrator. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 12 of 15 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 15. Before the Board was Consideration of Signature of Resolution No. 2002- 081, Transferring Appropriations (regarding construction items) within the Juvenile Community Justice Budget for Fiscal Year 2002-03, and Directing Entries. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 16. Before the Board was Consideration of Signature of Resolution No. 2002- 082, Transferring Appropriations (regarding equipment) within :the Building Services Fund for Fiscal Year 2002-03, and Directing;Entries. Mike Maier explained that this allows an unanticipated purchase, necessary to be able to change the lighting in some buildings in the public safety complex. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 17. Before the Board was Consideration of Signature of Resolution No. 2002- 083, Establishing a Petty Cash Account in the Amount of $50 for the Deschutes County Law Library, and Directing Entries. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 13 of 15 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amounts of $6,364.41 and $32,070.04 (Equipment Reserve). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amounts of $1,238.35 and $656.00. (Construction Fund). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. 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 $510,220.34. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 14, 2002 Page 14 of 15 Pages 21. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of a Letter Canceling a Contract between Deschutes County and Humboldt State University. This item was deleted from the agenda. B. Before the Board was Consideration of Signature of Intergovernmental Agreements between Deschutes County and the Oregon Department of Revenue, regarding GIS Mapping Services. Bob Haas explained that this is an agreement from the State for the County to handle remapping tax lot coverage, and moving from a manual to an automated system. It is the second year of this project, and is supported by the Department of Revenue. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 11:15 a.m. DATED this 14th Day of August 2002 for the Deschutes County Board of Commissioners. ATTEST: &Wj-c Recording Secretary Minutes of Board of Commissioners' Meeting Page 15 of 15 Pages Tom DeWoff. Chair ennis R. Luke, Commissioner Mic ael M."15a ommissioner Wednesday, August 14, 2002