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2002-1139-Minutes for Meeting August 26,2002 Recorded 8/28/2002COUNTY OFFICIAL MARY" SUE SPENHOLLOW, COUNTYRCLERKS CJ 40�-1139 COMMISSIONERS' JOURNAL 08/28/2002 02;35;14 PM 111111111111111111111111111111111111 20020031396 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. 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 WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 26, 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 was Lori Hill, Mental Health Department; Tom Blust and George Kolb, Road Department; Rick Isham, Mark Amberg and Laurie Craghead, Legal Counsel; Mike Viegas, Risk Management; Dan Peddycord, Health Department; Susan Ross, Commissioners' Office; George Read, Christy Morgan and Catherine Morrow, Community Development; Dave Malkin, 911; Media Representatives Barney Lerten of bend. com, Mike Cronin of the Bulletin; and Rick Meyers of Z-21 TV; and two citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Discussion and Consideration of Signature of Letters Appointing Daniel Blake, Amon Dykes and Lindsay Stevens to the Mental Health, Alcohol & Drug Advisory Board. Lori Hill explained how the individuals were selected, which was through an application and interview process with the current board. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 1 of 10 Pages 3. Before the Board was Discussion and Consideration of Signature of Letters Appointing Nancy Knoble, Steve Swisher, Lilliana Locke, Mary Jeanne Kuhar and Marlene McGee to the Public Health Community Advisory Board. Dan Peddycord said that these individuals were selected through an interview process, and they are very involved members of the community. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 4. Before the Board was Discussion and Consideration of Signature of an Amendment to an Intergovernmental Agreement between Deschutes County and the Oregon Department of Human Services, Amending the Contract Expiration Date. Dan Peddycord explained that this amendment provides additional dollars to offset the increased cost of doing this work. This additional amount should fully fund the project. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 5. Before the Board was Discussion and Consideration of Signature of a Bioterrorism Grant Award from the State of Oregon, in the Amount of $172,864. Dan Peddycord said that this is the official grant for funds just for the health department; the Sheriff s Office receives another. The grant is for planning and community outreach and education. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 6. Before the Board was Discussion and Consideration of Chair Signature of a Federal Financial Assistance Grant for the Establishment of a Noxious Weed Control Program in Deschutes County. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 2 of 10 Pages Tom Blust explained that this is in regard to Title II funds, and is the final paperwork to get this funding. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 7. Before the Board was Discussion and Consideration of Signature of Order No. 2002-118, Amending Order No. 2002-090, regarding Setting a Public Hearing regarding the Vacation of a Portion of "A" Avenue. George Kolb stated that original hearing was set on a date that the Board does not meet, so this sets a new date. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 8. Before the Board was Discussion and Consideration of Signature of Resolution No. 2002-078 and Order No. 2002-113, Initiating the Vacation of a Portion of Huntington Ranch Road, and Setting a Public Hearing and Requiring Notices. George Kolb said this is a portion of Huntington Ranch Road that goes through the new Pronghorn development. Laurie Craghead said this is part of the conditions of approval for the development. This item will be addressed at the Wednesday, August 28 Board meeting. 9. Before the Board was Discussion and Consideration of Signature of Order No. 2002-120, Surrendering a Portion of NE Hemlock Avenue and NE 9th Street to the City of Redmond. George Kolb said these are not now in the City limits, but will be annexed soon. One portion was not contiguous, and he contacted the City to confirm. He said he does not see anything out of the ordinary in this issue. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 3 of 10 Pages 10. Before the Board was Discussion and Consideration of Signature of Order No. 2002-119, Surrendering a Portion of Antler Avenue to the City of Redmond. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 11. Before the Board was Discussion and Consideration of Signature of an Amendment to a Contract between Deschutes County and Karen Green & Associates, Extending Hearings Officer Services through December 31, 2002. George Read said this contract should be extended to the end of the year. Time is needed to research as to when a Hearings Officer is an agent of the County. This has not been done in the past, but now a different kind of indemnification is required. The information on insurance is inconsistent. Rick Isham said his advice is to not extend the existing contract. Commissioner Luke said it was extended once already, and he has not heard anything further about this. There are hearings that need to be conducted, and this issue needs to be resolved. George Read explained that in regard to agency, they are the same. Laurie Craghead said the contracts have been gradually evolving. to be standardized. Chair DeWolf stressed that the County needs hearings officers, and asked for a solution. Rick Isham explained that the County's standard requirements in regard to independent contractors are that they provide general liability insurance and evidence of auto insurance. Additionally, they are required to agree to indemnify the County for their torts, their wrongful acts. The issue of agency is that an independent contractor can be the County's agent, binding the County to a legal result. The Hearings Officer does neither, but takes evidence and writes decisions that the Board may adopt or change. The Hearings Officer's actions are to consider an application at an early stage and make recommendations; consequently aren't an agent. They don't fit neatly into the definition of an agent of the County. Chair DeWolf said this is a dilemma, since it seems to be acceptable to Community Development but not to Legal. Rick Isham said the County doesn't have to have a Hearings Officer; this role can be handled by designating people within your organization to do this work. Mike Viegas has said he feels general liability insurance is available. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 4 of 10 Pages Mike Viegas said that regardless whether the person is an agent or an independent contractor, in his opinion the County should require insurance of any business the County is paying, regardless of that role. George Read added that if the person is an agent of the County, they couldn't be sued personally. He said that if Karen Green won't cooperate, Community Development will have to recruit. This could also affect Tia Lewis' contract as well. Commissioner Luke said that other counties are paying considerably more for hearings officer services, and the County should cover the cost of this insurance if it's available. Rick Isham explained that this doesn't resolve the agency situation. You can't contract with someone to make him or her an agent if they aren't one. He said that he disagrees with Community Development's problem solving, which conflicts with Legal's advice. Commissioner Daly said that either you are an independent contractor or you're not. There are requirements if you want to be an independent contractor. This needs to be clear. George, Read said the contract could be canceled with 30 days' notice. Also, sometimes hearings are continued, and this needs to carry over. The Board suggested this contract be continued to the end of the year. In the meantime Mike Viegas will investigate policies and the details will be worked out by Legal Counsel and Community Development, at which time they will come to the Board with a resolution. DALY: Move approval of this extension. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 12. Before the Board was a Discussion and Consideration of the Second Reading and Adoption 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. This item will be addressed at the Board meeting of Wednesday, August 28. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 5 of 10 Pages 13. Before the Board was Discussion and Consideration of Signature of an Intergovernmental Agreement between Deschutes County and the La Pine Special Sewer District, as Required to Allow Development of the First Phases of the La Pine Neighborhood Planning Area. Catherine said this would provide capacity for the first 300 units. The sewer district has signed, and Legal has reviewed, the paperwork. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 14. Before the Board was Discussion and Consideration of Signature of an Intergovernmental Agreement between Deschutes County and the Deschutes Soil and Water Conservation District, Authorizing the Use of Goats to Remove Fire Fuels on County -owned Property in the La Pine Area. Commissioner Luke said there have been some questions regarding possible drawbacks of goat grazing. He asked who has been consulted other than Jeff Rola. Catherine Morrow replied that there are U.S. Forest Service and Bureau of Land Management advisors on the committee, and this is a result. of their input. There is concern regarding protecting the environment, and one target of the project is reducing bitterbrush. Specifications in the contract identify how much bitterbrush and small trees should be eliminated. Healthy bunch grasses are included in the plan. She explained that this is an experiment for the use goats, to see if it will work, and it will be closely monitored. The alternative is mowing, which is very expensive. Commissioner Daly explained that goats won't kill out bitterbrush, and this will help to keep the fire hazard down. Next spring the bitterbrush will come back, and goats won't devastate an area if you're careful. This item will be addressed at the Board meeting of Wednesday, August 28. 15. Before the Board was Discussion and Consideration of Signature of an Indemnity Agreement with Eastmont Church for the Eagles - Chuck Austin Memorial Run, to be Held September 2, 2002. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 6 of 10 Pages 16. Before the Board was Discussion and Consideration of Signature of an Indemnity Agreement with Cycle Oregon, Inc. for the Cycle Oregon XV Snake to Shore Bicycle Event, to be Held September 8 to 14, 2002. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 17. Before the Board was Discussion and Consideration of Signature of an Indemnity Agreement with USA Triathlon for the Cascade Lakes Triathlon, to be Held on September 7, 2002. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 18. Before the Board was a Discussion of a Public Forum and Consideration of the Second 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 he has received no comments about this issue. Chair DeWolf said he has had a couple of calls. This item will be addressed at the Board meeting of Wednesday, August 28. 19. Before the Board was Discussion and Consideration of Filing Exceptions to an Existing Settlement Agreement and Clarifying Amendment regarding the Determination of Water Rights of the Deschutes River Basin and the Streams and Rivers of the Warm Springs Indian Reservation. Laurie Craghead gave an overview of this item, which is an agreement between the State and Federal governments regarding Warm Springs water rights. This was filed in the Deschutes County courthouse. She said the question is whether Deschutes County wants to file an exception since they have water rights. The Oregon Department of Fish and Wildlife may file an exception, as may other groups. This item will be addressed at the Board meeting of Wednesday, August 28. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 7 of 10 Pages 20. Before the Board was Discussion and Consideration of Signature of a Bid Award for the Alyce Hatch Center Expansion Project. Susan Ross gave an overview of the award. Three bids were received. P & P Construction was the low bidder, well within the County's estimated cost. DEWOLF: I move that we provide a notice of intent to award to P & P. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 21. Before the Board was a Discussion and Consideration of Chair Signature of Central Oregon Community Investment Board Grant Award Contracts. Susan Ross said there are several contracts that are involved in the COCIB awards. COIC is the actual applicant. There are five resolutions to go with this item, since there are five different grants. This item was placed on the Consent Agenda for the Wednesday, 'August 28 meeting. 22. Before the Board was Discussion and Consideration of Signature of Resolution No. 2002-085, Transferring Appropriations within Various Funds of the Deschutes County Budget for Fiscal Year 2002-03. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 23. Before the Board was a Discussion and Consideration of Chair Signature of an Oregon Liquor Control License Application for The Brand Dinner House (New Ownership). This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 8 of 10 Pages 24. Before the Board was Discussion and Consideration of Signature of Letters Appointing Jim Pease and Scott O'Neill, and Reappointing Susan Rux, to the Board of River Forest Acres Special Road District. This item was placed on the Consent Agenda for the Wednesday, August 28 meeting. 25. Before the Board was a Discussion of a Resolution Submitting to the Voters a Deschutes County 9-1-1 County Service District Four-year Local Option Tax Levy. Dave Malkin provided an explanatory statement that would require Chair signature if approved on Wednesday. Commissioner Daly said he supports the levy 100 percent. Commissioner Luke indicated he has no problem supporting this, and said it's necessary and needed since they have been working on a shoestring budget. This item will be addressed at the Board meeting of Wednesday, August 28. 26. Before the Board was a Discussion of Resolutions regarding the Intent of the Sunriver Service District to Participate in the Public Employees' Retirement System (PERS). Mike Maier said that the Sunriver Service District has had several meetings on this issue, and indicates they want to start the process of their police officers joining PERS. This item will be addressed at the Board meeting of Wednesday, August 28. 27. Before the Board were Additions to the Agenda. Laurie Craghead stated that orders relating to two annexations to Rural Fire Protection District No. 2 need to be addressed at Wednesday's Board meeting. Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 11:05 a.m. Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 9 of 10 Pages DATED this 26th Day of August 2002 for the Deschutes County Board of Commissioners. To DeWolf, Chair Dennis R. Luke, Commissioner ATTEST: ichael M. Daly, Yommissioner Recording Secretary Minutes of Board of Commissioners' Work Session Monday, August 26, 2002 Page 10 of 10 Pages