2002-1179-Minutes for Meeting September 04,2002 Recorded 9/11/2002DESC
" SRECORDS
MARYSUE PENHOLLOW, COUNTY CLERK
Q2002.1119
COMMISSIONERS' JOURNAL 09/11/2002 01:44:49 PM
1111111111111111 2 111111111111111
2002003378
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, SEPTEMBER 4, 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; Tom Blust and George
Kolb, Road Department; Mark Amberg, Rick Isham and Laurie Craghead, Legal
Counsel; Barbara Rich, Christy Morgan and Catherine Morrow, Community
Development; Patty Olson Lindsey, Commission on Children & Families; David
Givans and Ted Schassberger, Commissioners' Office; Tammy Credicott, Property
Management; Renee Warner, Building Services; several other County employees;
media representatives Mike Cronin of the Bulleting and Barney Lerten of
bend. com Jeff Mullins; and six other citizens.
Prior to the formal meeting, professional guitarist Rich Hurdle provided an
enjoyable musical presentation for the audience.
Chair Tom DeWolf opened the formal meeting at 10:25 a.m.
1. Before the Board was Citizen Input.
None was offered.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 1 of 8 Pages
2. Before the Board was Consideration of Signature of an Acceptance of a
Bureau of Land Management Right -of -Way Grant for Deer Run Lane
(near La Pine).
George Kolb said these documents were signed by the Board on July 24, and
have been signed and returned by the Bureau of Land Management. The Board
would now need to accept the vacation, which allows access to Highway 97 for
emergency purposes, so it can go to the Clerk for recording.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
3. Before the Board was Consideration of Signature of an Amendment to the
2002-03 "Together for Children" Agreement for a Subgrant between
Deschutes County and the Crook -Deschutes Education Service District to
Clarify Funding Issues.
Patty Olson Lindsey and Debi Harr explained that this includes funding the
State has released for the first quarter. This money was not previously detailed
in the contract, as the State was undecided.
DALY: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was Consideration of Signature of an Amendment to an
Agreement between Deschutes County and the State Commission on
Children & Families Clarifying Funding for the Together for Children and
Relief Nursery Programs.
Debi Harr said that this is related to the previous agreement. The Relief
Nursery funding had not yet been awarded. Rick Isham explained that one runs
to the State and the other runs to the contract.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 2 of 8 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
5. Before the Board was Consideration of Signature of a Resolution Declaring
the County's Intent to Transfer Real Property to the Humane Society of
Central Oregon/SPCA to be Used Exclusively for Social Services, Setting a
Hearing, and Providing Notice.
Rick Isham indicated that the property description had previously been
discussed, and asked the Board if they had further ideas in that regard. The
Resolution before the Board initiates the public hearing process for the possible
transfer of this property, which is located on 27th Street and is currently
occupied and operated by HSCO.
There would be a reversionary clause in the deed. If the County needs at some
point to take back the property, there would also be a right of reentry and
termination clause that could be exercised by the County. What needs to be
determined is the value to be placed on the land and improvements should this
event occur. The basis for the transfer of land could fall under the category of
social services.
The hearing date was originally considered for September 25, but Mr. Isham
indicated he is out of the office that day. Chair DeWolf said it should be set for
a date in October so Mr. Isham can attend.
Mr. Isham further explained that some of the land adjacent to the facility should
be held for future possible expansion of the Road Department. The Director of
the Road Department feels the land adjacent to 27th Street would be suitable to
deed to HSCO, as the Road Department will not need it and it makes sense for
HSCO to have it due to the frontage on 27th Street. (He then referred to an
oversize map of the area.)
The land as proposed would total approximately 4.25 acres. Mr. Isham also
said that the largest possible legal description should be published, since the
amount of land could be adjusted down if deemed appropriate.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 3 of 8 Pages
Jim Palmer, representing HSCO, said that they are grateful for the opportunity
to acquire the land and, as discussed, that the land with the southeast section
removed would be adequate. He added that they have requested a portion of the
land since they have been in very early discussions with Bend Metro Park &
Rec District to possibly develop some of it into a dog park. It isn't critical to
the needs of HSCO, but they would be grateful if these arrangements can be
made.
A general discussion then took place regarding the various parcels of land, the
Road Department's possible future needs, easements, and the possible vacation
of Ferguson Road.
Chair DeWolf stated that before the hearing, a meeting should take place to go
over the details. He said to be absolutely frank and up front, he wants to make
sure it is clear that the contribution of this land isn't tied to any future contract
for services between the County and HSCO. He further explained that he is
concerned that HSCO previously requested $300,000 each from the City of
Bend and the County, and neither agency agreed; and since that time
substantially higher dog boarding fees were proposed.
He explained that he is also troubled by the fact that HSCO is asking the
County to use taxpayer money because HSCO is unwilling to go directly to the
taxpayers for it. If HSCO's long-range financial forecast includes these
increased fees and the County is doing its fiduciary job for the taxpayers and
finds a less expensive alternative, this could impact HSCO's budget and ability
to do business substantially.
Jim Palmer said that they are more than willing to discuss these issues, and that
much of the financial information has already been given to Dave Givans, the
County's Internal Auditor, for his review.
LUKE: I move that the hearing be set for October 9, 2002 at 10 a.m., with the
legal description of the land proposed in this regard be furnished to
Legal Counsel by the Road Department.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 4 of 8 Pages
6. Before the Board was Consideration of Signature of Order No. 2002-122,
Approving the Appointment of a Justice of the Peace Pro Tempore (to
serve when the Justice of the Peace is unavailable).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Chair Signature of an Oregon Liquor
Control License Application for The Brand Dinner House (New Ownership).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $20.68.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 5 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $570.53 and $537.65 (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
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $615,781.80.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
11. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Ratification of Signature of a
Federal Equitable Sharing Agreement between the Deschutes County
Sheriffs Office and the U.S. Department of Justice.
Commissioner Luke said he was at the Sheriff's Office, and a Commissioner's
signature was needed. He signed the document and brought a copy back to
Legal Counsel for review and approval.
Rick Isham pointed out that there are some references in the document
regarding account for funds that are received.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, luul
Page 6 of 8 Pages
Chair DeWolf stated that there he had a question about one of the questions,
which asks if there are any pending discrimination lawsuits; he added that the
"no" box was checked, and he doesn't think that is accurate. Rick Isham said
he didn't investigate whether the correct boxes were checked. Chair DeWolf
added that discrimination allegations come up all the time, in the jail and
possibly with some State inmates.
LUKE: Move approval, subject to Legal Counsel checking on the information
in question.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
B. Before the Board was a Public Hearing (Continued from August 28, 2002)
and Consideration of Signature of Order No. 2002-121, Approving the
Banta Annexation into Deschutes County Rural Fire Protection District
No. 2.
Laurie Craghead said this involves a single property owner who has
requested annexation. There had been a problem getting information back
from the Department of Justice in time. The map has been revised
accordingly. Documents from Community Development are on file
regarding compatibility of the annexation.
Being no testimony offered, Chair DeWolf closed the public hearing.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair DeWolf adjourned the
meeting at 11:15 a. m.
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 7 of 8 Pages
DATED this 4th Day of September 2002 for the Deschutes County Board
of Commissioners.
ATTEST:
*,q(hu 6akLI
Recording Secretary
Tom DeWol
R. Luke, Commissioner
U�
Michael M. Daly, mmissioner
Minutes of Board of Commissioners' Meeting Wednesday, September 4, 2002
Page 8 of 8 Pages