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2002-1296-Minutes for Meeting October 24,2002 Recorded 11/8/2002COUNTY OFFICIAL ECORD MARYHSUE SPENNOLLOW, COUNTYRCLERKS COMMISSIONERS' JOURNAL 11/08/2002 01;06;46 PM 111111111111111111111111111111 20020012064 Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.orLy MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS THURSDAY, OCTOBER 24, 2002 Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Rick Isham and Mark Amberg, Legal Counsel; Susan Ross and David Givans, Commissioners' Office; Tammy Credicott, Property Management; Mike Viegas, Risk Management; Jon Sholes, Ward Tonsfeldt and Susan Harliss, representing the local Historical Society. Mike Maier opened the meeting at 1:30 a.m. 1. Discussion of Tetherow House Property. Tammy Credicott referred to a letter previously distributed to the Commissioners. She said Mr. Tonsfeldt met with members of the Historical Society regarding a proposal and recommendations contained within the letter. Mr. Tonsfeldt explained that the American Antiquities Act relates to public agencies and how these agencies deal with ground that may contain artifacts and/or other items of archeological interest. He said that getting the items or data out of the Tetherow site could be awkward; there are no visible items of this kind, and the area has been plundered over the years, but excavation might reveal items of historical interest. The structure has also undergone significant changes and very little of the original homestead building remains intact. The Historical Society has declined taking on the project, and it is not suitable for the Historical Register. He said the County has done the right thing in having this analysis done; however, there is sentimental value to the property in the community. The State Historical Preservation Office needs to concur with the report. Minutes of Administrative Liaison Monday, November 4, 2002 Page 1 of 9 Pages The site has likely been used in transit by prehistoric peoples, as it is in a nature site for crossing the river. There is also a rock shelter on the east side of the northern portion of the property. Commissioner DeWolf asked if there has been any interest expressed by other groups. Mike Maier said that Tom Pilling of Central Oregon Parks and Recreation has spoken with Jane Schroeder of the Redmond Historical Society, indicating they may take over responsibility for the property. It was explained to them that the County does not have the resources to provide the site with the care it needs, and there is also the liability issue. At this point, the group discussed the necessity of having facilities available to the public if it is opened up for public use; and also potential traffic problems since Tetherow Road is very narrow. Mike Maier recommended that the group provide a written proposal for the Board to review, which should include how they would handle funding the necessary improvements. If it is found that they are not able to perform, the next steps to demolish the property should be examined. Ward Tonsfeldt and Susan Harliss then left the meeting. 2. Discussion of Public Parking on County -owned Properties. Mike Maier asked that this item be discussed at a future Administrative Liaison. Tammy Credicott then left the meeting. 3. Consideration of Signature of Order No. 2002-104, Advancing FY 2002-03 Tax Levies to Taxing Districts. It was pointed out to the Board that this item, which was addressed at the morning meeting and placed on the Consent Agenda, needs to have action taken on it right away, per Marty Wynne. DEWOLF: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Administrative Liaison Monday, November 4, 2002 Page 2 of 9 Pages 4. Discussion of Whether to Participate in the Dowell Appeal Mediation Process. Laurie Craghead explained that she received calls from Attorney Liz Fancher and others, asking if the County would participate in the mediation process involving the Dowells and the Kuhns. If no buy-out agreement can be reached, Ms. Fancher asked if the County would apply for a grant for DLCD mediation funding. She said that Nancy Gilbertson of the Community Dispute Resolution Center, Bend, knows this situation needs the right mediator - one who knows land use, someone who is strong but who will listen. Ms. Gilbertson advised Ms. Craghead that she has a few individuals on her list who qualify, and she is also talking with the State Dispute Resolution people. Attorney Bob Lovlien is also satisfied with having a local representative. Mr. Kuhn is not thrilled with this, however; and he has been through this process before. A brief discussion took place regarding whether it is proper for a County employee to participate in this :process. Ms. Craghead indicated that it is acceptable, and would of course be subject to a public process if there were land use changes involved. Commissioner Luke explained that a land use decision is before the Board at this time, and is only recessed; he indicated he is uncomfortable talking about this issue while the decision remains active. Ms. Craghead said that it is similar to the LUBA dispute resolution process. Commissioner Luke added that Mr. Kuhn is the prevailing party at this point, but that in his opinion both sides are playing games. He stated that he would not object but won't vote yes, either. Mike Maier stated that the County would have to apply for this grant, but it is of no benefit to the County. Commissioner DeWolf said he is okay with the County's involvement in this, in the hope that the parties can settle their differences. Commissioner Luke emphasized that he is not interested in the County taking part in this process; that the attorneys involved are very experienced and know land use issues. Commission Daly said that he doesn't think the County should be involved, either. Commissioner DeWolf stated that it is his hope that it will keep this from being dragged out even longer. Commissioner Luke said that he isn't ready to vote on this until it can be made clear what the local group might be able to accomplish. Minutes of Administrative Liaison Monday, November 4, 2002 Page 3 of 9 Pages Mike Viegas and Mark Amberg joined the meeting at this point. 5. Discussion regarding Supplemental Accident Investigation. This issue was discussed as it relates to the China Hat Road/Knott Road intersection and the accident that occurred there a few months ago. Commissioner Daly indicated that in his opinion, a more detailed investigation of the accident should be undertaken by an independent investigator in order to prepare for the possibility of a tort claim by those involved in the accident. Mike Viegas said that there has been no tort claim yet; Mark Amberg indicated that the time period for filing such a claim is more than a year. The Sheriffs Office and the Oregon State Police did a thorough investigation, and the driver was found solely responsible. The reports indicate that the features of the road were in good condition, including the stop sign, the rumble strips and road markings; no negligent features were found. Mr. Amberg added that it is good to get statements immediately; however, the only time an outside investigator is hired is if there appears to be significant exposure to the County or if a tort claim has been filed. He said he doesn't see significant liability in this case. Mike Maier added that if additional investigation is conducted at this time, it might stir up problems; Rick Isham said that by taking this action now, it would be assumed by the court that the County is waiving tort claim notice. Mike Maier recommended that additional investigation not be conducted at this time. It's a calculated risk, as there is about a year left for filing. Commissioner Luke said that he agrees with this recommendation; Commissioner DeWolf concurred. Commissioner Daly explained that he had talked with Mike Viegas and Mark Amberg at length about this situation already and still feels the County should do more to be ready for a potential claim. Commissioner DeWolf asked that these kinds of discussions be brought to the other Commissioners sooner, since it is something that could affect all of them and the County. Mike Viegas and Mark Amberg then left the meeting. Minutes of Administrative Liaison Monday, November 4, 2002 Page 4 of 9 Pages 6. Discussion of Questions regarding Mental Health Issues. Mike Maier went over several questions e-mailed to him by Gary Smith of Mental Health in regard to Park Place and Liberty House. These were: Will the County pay the Park Place lease? Mr. Maier said this would be covered until the end of Fiscal Year 2002-03, at a total cost of $6,000. • Will the County pay to house Liberty House clients during the transition into the new Park Place site? Mr. Maier said no. Commissioner DeWolf indicated the cost couldn't be that much, since he understands that there is only one client at this time. The Board said a cost of up to $1,800 is acceptable. • Will the County pay the displacement costs when Liberty House closes in order to relocate? Mr. Maier said no. However, Susan Ross reminded the group that the agreement was to pay the costs associated with displacement. • What date does Liberty House have to close? Is it still the end of November? If this changes, Mental Health would like to know as they wish to keep the facility open as long as possible. Mr. Maier said the target date is still the end of the month. • How do we notify Park Place's new neighbors while still maintaining client confidentiality? Mr. Maier said that no notice is required in this situation. • Do all of our department policies and procedures have to go through legal review? Mr. Maier said not necessarily. 7. Discussion of an R.V. Park at the Fairgrounds. Mike Maier said that discussions have occurred regarding a small R.V. facility at the Fairgrounds, primarily for events associated with the annual County Fair. Funding could come from the County park fund, but a text amendment is required for the FG zone. There would need to be an application to the City, along with notice and a decision by the City Council. minutes of Adnimistrative Liaison Monday, November 4, 2002 Page 5 of 9 Pages He stated that he asked Bob Quitmeier of the City who would be the best person to handle this, and he recommended Attorney Liz Fancher. Rick Isham said that this is acceptable, even though Ms. Fancher is involved in land use appeals with the County right now, since the issues are not related. Mike Maier added that the County is short a planner, and Legal Counsel is too busy. Commissioners DeWolf and Daly indicated that this arrangement is acceptable to them. 7. Update regarding Departmental Goals. Susan Ross said that she has received completed goals from all departments, with the exception of the Sheriffs Office, Finance and the Commission on Children & Families. At this time, the Board went over the goals sheets and indicated whether they would like to meet individually with specific departments. 9-1-1: Assessor: Building Services: CDD: Clerk: District Attorney: Fairgrounds: Health: I.T.: Legal Counsel: Mental Health: Parole & Probation: Personnel: Minutes of Administrative Liaison Page 6 of 9 Pages No meeting is needed. No meeting is needed; they did a good job. The goals include a consultant in the event that additional expertise is needed for HVAC or other technical specialties. No need to meet. A meeting is needed. Would like to meet with Susie and Nancy later, during the transition period. A meeting is desired. A meeting is desired. A meeting is desired. A meeting is desired. A meeting is desired, to discuss website links. Mike Maier pointed out that Information Technologies agreed to provide some of this expertise in conjunction with the addition of an additional website person. A meeting is needed. Also, the Safe Schools grant is expiring. No meeting is needed. They did a good job. A meeting is desired. Monday, November 4, 2002 Risk Management: A meeting is definitely necessary. Susan Ross said that they did not submit any actual goals; their comments were more like statements. Mike Maier stated that their comments were more like insubordination and were uncalled for. Commissioner DeWolf said it's obvious that Mike Viegas does not want to participate in this process. Road: A meeting is desired. Surveyor: A meeting is desired. Veterans' Services: Mike Maier will speak with Pat Ross regarding her request for additional staffing, which cannot be granted at this time. Once the goals have been received from the Sheriffs Office, the Commission on Children & Families, and Finance, a meeting should be scheduled with each. 4. Discussion regarding Commissioner Press Releases. Commissioner DeWolf expressed concern about a proposed press release drafted by Commissioner Luke in regard to using County funds for debt service on the new project. His was the dissenting vote on proceeding with the installation of the new archivesibuilding services/warehouse/information technologies facility on site #2. In his draft document, Commissioner Luke indicated that if the archives building, site #2, is pursued, he will refuse to approve the project at all. He stated that in his opinion this jeopardizes the County budget. Mike Daly said that he feels too many decisions are made in Administrative Liaison, and much of which is discussed should be made more public. Mike Maier replied that these are not secret or hidden meetings; they are posted. He added that if the Board wants any items on the regular agenda, they should say so. Commissioner Luke said that he disagrees with the action that has been voted on regarding site #2, and feels that he has concerns and has a right to say so. Commissioner DeWolf replied that the County now has contracts in place with the State, and properties have been purchased as previously agreed. He said that nothing has been added to the project at this point except the ground at site #2. He asked if all the Commissioners should do a press statement every time they are on the losing end of a vote. In his opinion, this is very destructive and harmful to the County. Minutes of Administrative Liaison Monday, November 4, 2002 Page 7 of 9 Pages Commissioner Luke stressed that in his opinion this money will be necessary for County operations. Commissioner DeWolf said that the funds to be used were set aside specifically for capital projects, not operations. Commissioner Luke stated that this money may be necessary to cover operations, PERS costs, insurance and so on, and as budget officer he wants to have that flexibility. Commissioner DeWolf pointed out that if this money, approximately $56,000 per year debt service, would not go very far if used for FTE's, and after the first year, do you just let those employees go? The County needs to plan for expansion and that is why the fund was created in the first place. Mike Maier pointed out that this money is not tied up for an extended period of time. The first year is the biggest hit; from then on, the State pays an increasing amount. This use does not deplete the capital improvement fund, as it is not that much. Susan Ross stated that this situation is a problem, and that the Board should not air its dirty laundry in public. Commissioner Daly said that some of these discussions should be more public. Mike Maier observed that sometimes the Board seems to like meeting in Administrative Liaison, and sometimes they don't. In this instance, there have been several meetings specifically about this issue and all have been posted. Rick Isham advised that by showing dissention in the vote, or by newspaper articles indicating problems in the Board's position, it could create a problem with the bond sale. All minutes, statements and newspaper articles affecting the bond project are to be included as part of disclosure, and the persons or entities that would be deciding to fund the bond will receive the whole package. If there is a perceived problem, the bond could be downgraded, which would cost the County money. He recommended the Board work this situation out as well and as quickly as possible. Being no further items brought before the group, the meeting adjourned at 3: 05 p. m. Minutes of Administrative Liaison Monday, November 4, 2002 Page 8 of 9 Pages DATED this 28th Day of October 2002 forthe Deschutes ounty Board of Commissioners. Tom DeWolf, Chair Dennis R. Luce, Commissioner ATTEST: Michael M. aly, Co ssioner Recording Secretary Minutes of Administrative Liaison Monday, November 4, 2002 Page 9 of 9 Pages