2002-1234-Minutes for Meeting September 25,2002 Recorded 10/4/2002COUNTY OFFICIAL
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COMMISSIONERS' JOURNAL ,
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DESCHUTES COUNTY CLERK
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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 25, 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner
Tom De Wolf was unable to attend. Also present were Mike Maier, County
Administrator; Sue Brewster and Karianne Aaron, Sheriff's Office; Patty Olson,
Commission on Children & Families; George Kolb, Road Department; Mark
Amberg and Laurie Craghead, Legal Counsel; Damian Syrnyk, Kevin Harrison,
George Read and Steve Jorgensen, Community Development; Susan Ross and
David Givans, Commissioners' Office; Media Representatives Jeff Mullins of
KBND Radio and Christy Otteni of the Newberry Eagle; four students from the
Youth Court program; and two other citizens.
Acting Chair Michael Daly opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Public Hearing, and Consideration of Signature of
Ordinance No. 2002-032, Amending Deschutes County Code 1.16,
Regarding Code Violations and Enforcement.
Sue Brewster explained that this would update the Code in regard to Oregon
statutes that are references; and would make bail amounts consistent.
Acting Chair Daly then opened the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 1 of 10 Pages
Being no testimony offered, Acting Chair Daly then closed the public hearing.
LUKE: I move first and second readings of Ordinance No. 2002-032, by title
only, declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
Acting Chair Daly then did the first reading, by title only, declaring an
emergency.
Acting Chair Daly then did the second reading, by title only, declaring an
emergency.
LUKE: Move approval of Ordinance 2002-032, declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
3.. Before the Board was the Reading of a Proclamation, Declaring September
2002 "National Youth Court Month" in Deschutes County.
Karianne Aaron, Sisters Youth Court Director, had the students attending
today's meeting who are involved in the program introduce themselves. They
were Alisha Kirkpatrick and Gabrielle (Gabby) Melton of La Pine; and Teresse
MacKenzie and Brandon Kinzie of Sisters. Ms. Melton then read the
Proclamation to the audience.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
4. Before the Board was the Reading of a Proclamation, Declaring the
County's Support of Cooperative Partnerships to Increase the Availability
of Quality Child Care and Early Education in Deschutes County.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 2 of 10 Pages
Patty Olson of the Commission on Children read the Proclamation to the
audience.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
5. Before the Board was Consideration of Signature of Resolution No. 2002-
087, Initiating the Vacation of a Portion of "C" Avenue, a Portion of "B"
Avenue, and a Portion of 19th Street, Terrebonne, Describing the Property
Proposed for the Vacation, and Requesting that the County Road Official
File a Report.
George Kolb explained that this resolution initiates the vacation, and the order
sets the hearing date. Nothing is final until after the completion of the hearing.
(He then distributed a map to the Board, and explained the location of
properties in the areas that have been vacated, those that are pending decisions
on vacations, and those that are being considered.)
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
6. Before the Board was Consideration of Signature of Order No. 2002-124,
Accepting and Approving the County Road Official's Report on the
Vacation of a Portion of "C" Avenue, a Portion of "B" Avenue, and a
Portion of 19th Street, Terrebonne; Setting a Date for a Public Hearing;
and Providing for Public Notice of Said Hearing.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 3 of 10 Pages
7. Before the Board was Consideration of Signature of Contracts between
Deschutes County and the School Districts of Bend -La Pine, Brothers,
Sisters, and Redmond, and St. Francis School, Trinity Lutheran School,
Meadlowlark Manor, J Bar J ranch, and the Oregon Youth Challenge
Program for Food Service Facilities Inspections for the 2002-03 School Year.
John Mason stated that these agreements are ongoing on an annual basis, and
the fee has gone up $5.00 per inspection. These types of inspections are
required by the State. His division would also provide epidemiology
investigations if necessary.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
8. Before the Board was a Public Hearing, and Consideration of Signature of
Ordinance No. 2002-033, Amending Title 18 of the County Code and
Zoning Ordinance in Regard to New Commercial Development Standards.
This item was addressed after all other agenda items were concluded.
9. Before the Board was Consideration of Approval of a Letter indicating the
Intent to Award a Bid for Consulting Services for Master Planning in the
La Pine New Neighborhood Area and the La Pine Senior Center Design.
Susan Ross explained that she has met with the selection committee's first
choice, Pinnacle Architecture, who will be working in conjunction with David
Evans & Associates. They have decided on a work plan and a contract amount
for master planning, which will be a maximum of $33,000, plus a maximum of
$93,500 for the senior center design.
The amount originally came in higher than that, at $97,000, but this amount was
negotiated down since the maximum grant is for $90,000. The community will
likely go out for fundraising for the balance. This creates the plans and
drawings to be submitted for building.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 4 of 10 Pages
The budget on the work plan was $35,000; and it was decided that the $2,000
should not be moved since the County may need it to pay for surveying work.
Ms. Ross said this bid will get the group to a tentative plan stage of the twelve
acres, which would include the senior center, and possibly a park, and/or a
health services center, and/or an assisted living center.
As part of the public involvement process, there will be a minimum of three
public meetings with the community decide what people want to have there.
The community meetings are meant to take public input; the consultants will
take care of that as a part of their contract.
Mike Maier explained that there is no County money involved except $10,000
from Community Development as required for a cash match.
LUKE: I move signature of the intent to award letter for the work plan, for
$35,000; and the senior center design, for $93,500; to Pinnacle
Architecture and David Evans & Associates.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
10. Before the Board was Consideration of Signature of Resolution No. 2002-
092, Declaring the County's Intent to Reimburse Expenditures with the
Proceeds of Future Tax -Exempt Obligations for the Following Projects:
■ Construction of a New Building for Employees of the State of Oregon and
Deschutes County
■ Purchase and Remodeling of an Existing Property in the La Pine Area
■ Remodeling of the County Courthouse and County Justice Building to
Accommodate New State Court Space Requirements
■ Construction or Purchase and Remodel to Accommodate a New
Warehouse/Archive Facility;
■ Construction of a New Solid Waste Recycling/Drop-Off Center
■ Remodeling of the Deschutes Services Building; and
■ Remodeling of the County Administration Building.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 5 of 10 Pages
Mark Amberg said there has been the addition to the resolution of proposed project
for the construction of sewer project in La Pine. The original amount was a
maximum of $27 million; it is now at a maximum $28 million.
Commissioner Luke indicated that there has been no comprehensive discussion of
adding that sewer project as part of the bonding project. He wanted to make sure it
is understood that by putting it in this decision, it does not meant it is a conclusive
decision by the Commissioners.
Mark Amberg explained that it just authorizes reimbursement up to that amount for
whatever is bonded, and there will be no county cost until issued.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
CONSENT AGENDA:
11. Signature of Oregon Health Plan Chemical Dependency Contract No. 104277
between Deschutes County and the State of Oregon; and Signature of CDO
Subcontracts with CODA, Pfeifer & Associates, BestCare Treatment Services,
Central Oregon Extended Unit for Recovery, and Serenity Lane
12. Signature of Resolution No. 2002-077, Initiating the Vacation of a Portion of
Cook Avenue, between Stn and 9th Streets, Tumalo, in the Public Interest
13. Signature of Order No. 2002-123, Accepting and Approving the County Road
Official's Report on the Vacation of a Portion of Cook Avenue, Tumalo;
Setting a Date for a Public Hearing; and Providing for Public Notice of Said
Hearing
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 6 of 10 Pages
14. Signature of Order No. 2002-130, Transferring Cash from the Road Department
Fund to the Weed Abatement Fund, as Budgeted in the Deschutes County
Fiscal Year 2002-03 Budget, and Directing Entries
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$6,259.15 (two weeks).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the Amount
of $2,250.00 (Construction) and $1,779.22 (two weeks).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,519,702.37 (two
weeks).
LUKE: Move approval, subject to review.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 7 of 10 Pages
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
18. Before the Board was an Addition to the Agenda.
LUKE: I move that the bills for the week of September 30, 2002 be approved
without the signature of Mike Maier.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
At this time, the Board recessed the meeting until time for a posted public hearing.
1. Before the Board was a Public Hearing, and Consideration of Signature of
Ordinance No. 2002-033, Amending Title 18 of the County Code and
Zoning Ordinance in Regard to New Commercial Development Standards.
Damian Syrnyk explained the ordinance would amend the County's 'site
development ordinance regarding commercial developments in the
unincorporated portions of the County. The Board had a work session
regarding this issue with the Planning Commission on August 22. He then
pointed out some minor changes that had been made during the week after the
Commissioners received their information packet.
Commissioner Daly said that he feels this ordinance would allow more
flexibility in the unincorporated areas of the County.
Acting Chair Daly opened the public hearing at 11: OS a. m.
Jim Spickerman, an attorney for Bi -Mart Corporation, said he worked with
County staff on the language of the ordinance, and needed to reach a point
where it would be commercially feasible and also would work for pedestrians
and traffic flow. He stated it has not moved as quickly as his clients would
have liked, but that they are definitely getting there.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 8 of 10 Pages
Commissioner Luke explained that this has been needed for some time. It
makes sense for businesses, especially if the roads ever need to be widened.
This gives some options for the community of La Pine and other unincorporated
areas of the County. This flexibility makes sense. He added that staff has done
a good job of moving this through and working on this issue with the Planning
Commission and the Board of Commissioners.
No other testimony was offered; so Acting Chair Mike Daly then closed the
hearing.
George Read said that amendment should probably occur in the future,
clarifying that on -street parking can be allowed in front of these buildings.
Currently the Code does not allow the developer to use on -street parking
towards their parking requirements. He then asked if the Board wants his
department to proceed on this change.
Commissioner Luke replied that there are probably at least two Commissioners
who would like to see this issue addressed, because sometimes you don't see
the problem with something until an application is submitted, such as this one
from Bi -Mart.
LUKE: I move first and second readings of Ordinance No. 2002-033, by title
only, declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
Acting Chair Daly then did the first reading, by title only, declaring an
emergency.
Acting Chair Daly then did the second reading, by title only, declaring an
emergency.
LUKE: Move approval of Ordinance 2002-033, declaring an emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Acting Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, September 25, 2002
Page 9 of 10 Pages
Being no further items brought before the Board, Acting Chair Mike Daly
adjourned the meeting at 10:20 a.m.
DATED this 25th Day of September 2002 for the Deschutes County
Board of Commissioners.
ATTEST:
Ta -k&, -
Recording Secretary
Minutes of Board of Commissioners' Meeting
Page 10 of 10 Pages
Tom DeWolf Chair
D nnis R. Luke, Commissioner
z/ .,Ooz�
Mi ael M. Daly, ommissioner
Wednesday, September 25, 2002