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2002-1160-Minutes for Meeting August 28,2002 Recorded 9/3/2002DESCHUTES COUNTY OFFICIAL RECORDS �, 2002■1180 MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 0910312002 01:08:52 PM IIIIIIIIIIIII IIIIII�IIIIII II III 20020011602 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 MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 28, 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf and Dennis R. Luke; Commissioner Michael M. Daly was unable to attend. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; Dave Malkin, 911; George Read, Christy Morgan and Catherine Morrow, Community Development; Tom Blust and George Kolb, Road Department; Jeff Kern, Surveyor; Theresa Maul and approximately ten members of her office; Media Representative Jeff Mullins of KBND Radio, and three other 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 a Presentation Honoring Theresa Maul of the Assessor's Office for Twenty Years of Service and her Promotion to Chief Appraiser. Chair DeWolf awarded a plaque to Theresa, with the County's sincere thanks for her twenty years of service. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 1 of 13 Pages 3. Before the Board was 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 that he has spoken with Legal Counsel about these documents, and the Resolution and Order simply initiate the vacation process and sets a date for the public hearing. LUKE: Move signature of Resolution No. 2002-078. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. LUKE: Move signature of Order No. 2002-113. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of 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. Christy Morgan explained that there's nothing new to report. LUKE: Move second reading of Ordinance No. 2002-030, by title only. DEWOLF: Second. Chair De Wolf then conducted the second reading of Ordinance No. 2002-030, by title only. LUKE: Move approval of Ordinance No. 2002-030. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 2 of 13 Pages 5. Before the Board was 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. Catherine Morrow gave an overview of the use of goats as a fire prevention tool. She introduced Sarah Harris, who is the operator of the organization contracted to the Soil and Conservation District for this type of work. Commissioner Luke said he has some concern regarding monitoring. Ms. Morrow explained that the contract indicates this work will be done in phases, and can be stopped at any time. She added that this is being tried because other agencies, such as the U.S. Forest Service and the Bureau of Land Management, have used this service and feel it is successful. Commissioner Luke stated that members of community have raised legitimate concerns. He will vote to approve this, but want members of community who have raised concerns to be contacted so that they can be involved in the monitoring process if they wish. He added that Project Impact has also used the service, and under the right conditions it can be good. Sarah Harris, the project coordinator for Green Restoration Services, spoke. She said her group also has concerns when dealing with a natural area, and set standards for their work. The biggest areas of concern seem to be those around roads that don't have much natural vegetation. Part of what they do is restoration in sensitive areas, as they can replant native seed. She explained they knew the Pilot Butte project would be controversial, and one of their contractors didn't follow their standards. They no longer work with this company. She added that where it is bare, nothing was there to sustain it in the first place. State Parks has also asked them to do another portion of Pilot Butte. She then invited the Board to participate in a tour if they wish. Mike Maier asked if the goats eat knapweed and toadflax. Ms. Harris replied that they eat these weeds very aggressively, along with other noxious weeds. LUKE: Move approval of this agreement. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 3 of 13 Pages 6. Before the Board was 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. Chair DeWolf explained that he has been contacted by a few individuals about this issue. He spoke with Gary DeJarnatt, who is opposed; however, Deak Prebble and Bob Borland both support the change. Jim Carnahan, a local professional surveyor, then spoke. He said he is in favor of changing the position from elected to appointed; that the current system is archaic. He added that this is no reflection of dissatisfaction with current services, but in County history there has been at least one surveyor who was not the "cream of the crop". He explained that you could have a technically qualified person in the position who does not do a good job of administration. The general population of the County doesn't know the required qualifications of the Surveyor. In some sense it is a sham, and the benefit of having an appointed Surveyor would be that a process could be conducted to select the most qualified person for that position. Jeff Kern said that he had a couple of items to point out. He said, that it sounds like the people in favor of this are the same people who were in favor of home rule. This was voted against by the community very heavily, and he feels that this is another version of home rule. Another item Mr. Kern brought up is a recent article in the Bulletin, regarding the park board and its firing of Carrie Ward. He explained that the article said that people have developed a distrust of groups like this, and feels the public was left out of info loop. Since the home rule ballot was voted down dramatically, he feels that the public doesn't want people to be arbitrary about these important things. He pointed out that the engineer would also be licensed as a surveyor, but not all engineers are. Although the present people do have dual licenses, this may not be the case in the future, and two people may need to be hired. He added that the Board has made the argument several times that sometimes the election process can seem more like a popularity contest. If this passes, citizens could end up with a Surveyor who is selected by someone who was placed into office because of that popularity contest. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 4 of 13 Pages He went on to say that the concept of elections is that people are exercising their decision-making process. Many times people hire surveyors and already have a pretty good idea of how these surveyors operate. This is different than other elected persons coming in from other walks of life, possibly with no government background. Sometimes it takes a long time to get people to learn the ropes, and a private surveyor has already gotten this expertise. There's a big different between an elected official and the County Surveyor and the duties performed. He said he still feels it is inappropriate for this measure to come on the ballot, as lots of other issues for the public to be concerned about. Chair DeWolf responded, explaining that the home rule issue was one large, comprehensive piece of information. The position of Surveyor was one small part of that, and there's no way of knowing if it was an issue. Regarding the Bulletin article about the Park & Rec Board, some people want to have input in that situation. However, most people don't wish to be involved, and simply want the people in those jobs to do the work that's required. This doesn't mean that citizens don't have input in the County's hiring of department heads. The last hirings involved an extensive process that brought in three groups: staff, community partners, and administration. It's a policy that is very comprehensive in order to reach out and find the most qualified people. He added that he didn't have any intention of appointing the director of the Road Department as the Surveyor. It doesn't have to be the same as the engineer. He then said that his intent has nothing to do with the current Surveyor personally. It comes down to efficiency in government and the best way to run it. Jeff Kern observed that in the description in the Measure, it says that it would allow the Board to combine the Surveyor and engineer into a single job. Commissioners DeWolf and Luke replied that it allows for this, but doesn't mandate it. Mr. Kern stated that there are existing policies and procedures for hiring these people; these were put into place when the state was formed, and rely on the election process. He said he doesn't want to see the County switch to having the single head of a large organization making all the decisions, and used the example of the Enron situation. He explained he'd like to see it retained as it is now. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 5 of 13 Pages Chair DeWolf replied that the voters have the exact choice that Mr. Kern brought up. This gives citizens the opportunity to have their say on this. He added that he supported home rule, but it didn't pass as offered, so people have to move on. LUKE: Move second reading of Ordinance No. 2002-031, by title only. DEWOLF: Second. Chair De Wolf then conducted the second reading of Ordinance No. 2002-031, by title only. LUKE: Move approval of Ordinance No. 2002-03, and Chair signature of the Notice of County Measure Election, and submission of these documents to the Clerk. DEWOLF: Second. Commissioner Luke explained that the home rule issue was a tough one for him. There were parts that he liked and some he didn't, and he opposed it for personal reasons. He did appreciate the work the home rule committee did. However, this doesn't have anything to do with home rule. The County hires professional people, and there isn't much reason for the Assessor, the Treasurer and the Surveyor being elected; there is still some justification for: the Clerk to be elected. All this does is put it on the ballot, giving people an opportunity to vote on it. It's a fair thing to ask. He said h hopes that eventually the County can put the Assessor and Treasurer out there to see what citizens want. This change in the Surveyor position is allowed for a County to do. All of the phone calls and discussions he has had, except for those with Randy Povey and Mr. Kern, were supportive. He concluded that he will be happy to live with the decision of the people on this issue. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 7. Before the Board was Consideration of Approval 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. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 6 of 13 Pages Commissioner Luke asked if Legal Counsel had spoken with Neil Bryant about this issue. Laurie Craghead explained that this issue does not deal with dams at all; instead, it has to do with the water rights of the tribes. The County participated in negotiations with the Federal Government, the Tribes and the Oregon Department of Fish & Wildlife, who all agree with the settlement agreement. The Tribes' water rights could go back to 1855, but they have agreed that if their water needs aren't being met, they will only go back to January 15, 1991. One concern is that this date is one day earlier than the water rights of the ODF & W. The Board chose not to take any action on this issue at this time. 8. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2002-121, Approving the Banta Annexation into Deschutes County Rural Fire Protection District No. 2. Laurie Craghead recommended that this be continued for a week, as there has been a problem with the legal description and map not coordinating, and revisions will be necessary. LUKE: I move that we continue this hearing until the regular Board meeting on September 4. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 9. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2002-112, Approving the Kusler Annexation into Deschutes County Rural Fire Protection District No. 2. Laurie Craghead said this involves several properties, and the majority of landowners and voters in district have agreed. The map has had preliminary review and the Department of Revenue has approved. Chair De Wolf opened the public hearing. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 7 of 13 Pages Being no testimony offered, Chair DeWolf closed the hearing. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Consent Agenda Items 10. Signature of Letters Appointing Daniel Blake, Amon Dykes and. Lindsay Stevens to the Mental Health, Alcohol & Drug Advisory Board 11. Signature of Letters Appointing Nancy Knoble, Steve Swisher, Lilliana Locke, Mary Jeanne Kuhar and Marlene McGee to the Public Health Community Advisory Board 12. Signature of an Amendment to an Intergovernmental Agreement between Deschutes County and the Oregon Department of Human Services, Amending the Contract Expiration Date 13. Signature of a Bioterrorism Grant Award from the State of Oregon, in the Amount of $172,864 14. Chair Signature of a Federal Financial Assistance Grant for the Establishment of a Noxious Weed Control Program in Deschutes County 15. 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 Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 8 of 13 Pages 16. Signature of Order No. 2002-120, Surrendering a Portion of NE Hemlock Avenue and NE 91h Street to the City of Redmond 17. Signature of Order No. 2002-119, Surrendering a Portion of Antler Avenue to the City of Redmond 18. 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 19. Signature of an Indemnity Agreement with Eastmont Church for the Eagles - Chuck Austin Memorial Run, to be Held September 2, 2002 20. 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 21. Signature of an Indemnity Agreement with USA Triathlon for the Cascade Lakes Triathlon, to be Held on September 7, 2002 22. Chair Signature of Central Oregon Community Investment Board Grant Award Contracts, and Resolution No. 2002-088 23. Signature of Resolution No. 2002-085, Transferring Appropriations within Various Funds of the Deschutes County Budget for Fiscal Year 2002-03 24. Chair Signature of an Oregon Liquor Control License Application for The Brand Dinner House (New Ownership) 25. Signature of Letters Appointing Jim Pease and Scott O'Neill, and Reappointing Susan Rux, to the Board of River Forest Acres Special Road District CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 26. Before the Board was Consideration of Signature of Resolutions regarding the Intent of the Sunriver Service District to Participate in the Public Employees' Retirement System (PERS). Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 9 of 13 Pages Laurie Craghead explained that the District Managing Board for Sunriver Service District has voted to apply for participation in PERS, and the resolutions have been reviewed and approved by legal counsel for the Sunriver Service District. LUKE: Move approval of Resolution No. 2002-073. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. LUKE: Move approval of Resolution No. 2002-076. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 27. Before the Board was Consideration of Signature of a Resolution � . Submitting to the Voters a Deschutes County 9-1-1 County Service District Four-year Local Option Tax Levy. Dave Malkin of 911 gave an overview of the reasons behind the levy request. His department provides 911 services, and also serves as communications point for all fifteen agencies in the area. This levy would provide an increase in property tax of $.09 cents per thousand valuation, and would provide for the current level of service. These services include the emergency preparedness network and the high speed phone notification system, which has been recently used to located lost persons as well as during wildfire events. Discussions have taken place about asking for more money for other items and services, but in the interest of the taxpayers, the request was cut in half to cover basic needs. Commissioner Luke observed that Mr. Malkin's oversight of this department has made employee retention much better, and has helped to make the existing staff much more professional. He added that the reverse 911 system has paid for itself in helping to find lost people. He has received no negative comments about 911's services. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 10 of 13 Pages LUKE: Move approval of Resolution No. 2002-086, and move approval of Chair signature of the Explanatory Statement, Declaratory Judgment and Notice of District Measure Election, and submission of these documents to the Clerk. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 28. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $4,900.32 (two weeks). LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 29. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,170.66 (two weeks) and $4,436.97 (construction fund). Susan Ross explained that they have had a little problem with new building, as no gas line was installed. The contractor thought there was an existing line, but this was detailed in the specifications, and it was part of the bid. There is a gas line to the Fairgrounds, and the contractor thought that the line was already laid in the trench. The plans did not show it as an existing gas line, and she feels it is totally the contractor's responsibility. In the meantime, he will bring in a propane tank to make building operational. There was a walk through conducted on Friday, August 23, and because there are still some work remaining to be done, a final walk through will be scheduled later. The staff of 4-H/Extension has begun moving in because they have to be out of the other building before the end of the month. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 11 of 13 Pages LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 30. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,835,099.30 (two weeks). LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 31. Before the Board was an Addition to the Agenda. Before the Board was a Public Hearing to Take Testimony regarding the County's Performance to Complete the Block Grant Process for the La Pine Water Project. Susan Ross explained that the project has been completed, and even though they tried to utilize all of the grant funds, there was unused funding in the amount of approximately $52,000. Chair De Wolf opened the public hearing. Being no testimony offered, Chair De Wolf closed the hearing. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair Tom De Wolf adjourned the meeting at 10:55 a.m. Minutes of Board of Commissioners' Meeting Wednesday, August 28, 2002 Page 12 of 13 Pages DATED this 28th Day of August 2002 for the Deschutes County Board of Commissioners. ATTEST Recording Secretary Minutes of Board of Commissioners' Meeting Page 13 of 13 Pages To A DeWolf, Chair D his R. Luke, Commissioner Michael M. Daly, Commissioner Wednesday, August 28, 2002