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2002-1304-Minutes for Meeting October 30,2002 Recorded 11/8/2002DESCHUTES COUNTY OFFICIAL RECORDS MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' OJ 1047.1304 11 /08/2002 W 01; Z4 PM 20020013O46 -- ­- ­ _.. 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, OCTOBER 30, 2002 Note: Today's meeting was to be held at Bend High School, beginning at 9:30, but due to weather-related school delays of up to two hours, the meeting was moved to its usual location and time: 1130 NW Harriman St., Bend, Administration Building, at 10:000 a.m. Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present was Mike Maier, County Administrator; Gary Smith, Kathe Hirschman and Roger Kryzanek, Mental Health Department; Mark Amberg and Laurie Craghead, Legal Counsel; Marty Wynne, Finance Department; Susan Ross, Anna Johnson and David Givans, Commissioners' Office; Chad Centola, Solid Waste Department; Gary Judd and Tom Blust, Road Department; Jon Sholes, Sheriff's Office; media representatives Barney Lerten of bend. com and Mike Cronin of the Bulletin; and eight citizens. Chair Tom De Wolf opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. None were offered. At this time, Chair De Wolf went to Item No. 9, so that Legal Counsel Laurie Craghead could attend another meeting. 2. Before the Board was a Presentation and the Reading of a Proclamation, Declaring November MEDIATION MONTH in Deschutes County. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 1 of 12 Pages Nancy Gilbertson, the Executive Director of the Community Dispute Resolution Program, explained that the group is a private, non-profit agency that offers mediation and facilitation services to any resident in the tri -county area. These mediation services could range from neighbor -to -neighbor or family disputes, or disputes in the workplace and financial situations; they also work with the Justice Court on small claims issues. There are about 55 volunteer mediators who are trained in mediation skills and who have a wide variety of backgrounds to use in their mediation work. These people are largely who run the program. The mediators receive extensive training; the basic is 32 hours, and an additional eight hours is advocated. There is also a mentorship process, where a new mediator works with fellow mediators through a series of observations. There is also other in-service training required throughout the year. There is no cost to citizens, but donations are always welcome. It has been in existence since 1997, and is one of 25 centers in Oregon. The Program is supported by the County, local cities and other foundations. Chair DeWolf pointed out that the County used this service when they were working through problems with the Fair Association and Fair Board several years ago. At this time, Ms. Gilbertson read the proclamation to the audience. LUKE: I move approval. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. CONSIDERATION of Chair Signature of a Notice of Intent to Award Contract for the Knott Landfill Cell 3 Rock Removal Project. Chad Centola said this is a continuation of preparing the land for a new cell; rocks need to be removed at this point. This process will also provide access to soil for additional uses. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 2 of 12 Pages He explained that the rock is broken down to 30 inch minus size and will be stocked in the old woodyard area for future uses. It could be used for the receiving station project or for cell 3 work. The rock does not meet ODOT specs for roadwork, but could be used for parking lots or for asphalt mix. LUKE: Move approval of the intent to award letter to JAL - J. L. Robinson Construction. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of Signature of a Letter Appointing Jon Sholes to the Deschutes County Landmarks Commission. Jon Sholes said that he has been involved in the Historical Society for a long time. His father was the jailer and his mother was the cook for the jail many years ago; they resided in the portion of the Courthouse building that was the jail facility at that time. Now that the Old Town District has been taken in, there is much more activity, especially in light of growth in the area and what can and can't be done with properties. LUKE: Move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. (At this time, the audience applauded.) 5. Before the Board was Consideration of Signature of Order No. 2002-139, Establishing a Designated Speed Zone of 35 m.p.h. on Pine Forest Drive (La Pine Area). Gary Judd said that this affects the paved portion, which is about a mile long. The required study was done. He recommended this be authorized, as it meets all of the standards of the highway department, and there have been no objections. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 3 of 12 Pages DEWOLF: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. Before the Board was Consideration of Approval of a Recommendation Regarding Allocation of ABHA One-time Only Funds. Gary Smith said that Mark Amberg would be drafting a resolution to cover this issue. Mr. Amberg stated that the final wording was worked out this morning. He explained that funding is provided through the Oregon Health Plan for the hospitalization of mentally ill clients of various mental health departments throughout the state; ABHA handles the funding. If there are excess funds beyond the amount set for the counties, those funds can be used for other mental health related purposes. There is now $361,000 in reserves, and it has been earmarked for the Crisis Resolution Center, the Healing Health Campus, and for the Deschutes County Mental Health Department. Gary Smith stated that there are five counties involved in ABHA, with Deschutes County having the largest portion of unspent funds. LUKE: Move approval of this resolution, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. At this time, Chair DeWotf went to Addition No. 2. 7. Before the Board was Consideration of Signature of Order No. 2002-140, Prohibiting Motor Vehicle Parking on County -owned Property. Mark Amberg said that the question is whether under Statute County -owned land can be considered a parking facility. It doesn't hurt to put signs out, as they would authorize code enforcement officers to issue citations. This is not a general policy; it just covers one piece of property. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 4 of 12 Pages LUKE: Move approval of this resolution, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2002-098, Adopting a Supplemental Budget of the Deschutes County Budget for Fiscal Year 2002-03, and Making Appropriations. Marty Wynne gave a brief overview of the reasons for the supplemental budget. Chair De Wolf opened the public hearing. Being no response, Chair De Wolf then closed the public hearing. DEWOLF: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 9. Before the Board was a Discussion of a Decision on File # DR -02-02, regarding Sideyard Setbacks in a Forest Use Zone (Applicant. Dowell). DEWOLF: We're deciding whether we are going to decide today, I understand. LAURIE CRAGHEAD: You received a letter this morning from the applicants, representing that both parties have agreed to go into mediation. And the applicants, who are also the appellants in this case, have asked that you postpone making your decision on this matter for 75 days so that they may be able to mediate a possible solution. If their solution involves anything that would be a land use decision, that will have to come back through on a public hearing. DEWOLF: Okay. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 5 of 12 Pages LUKE: Somewhere down the line there probably has to be a decision on sideyard setbacks in this area, because that's the whole reason this is here, because it appears to be unclear. There are different opinions on what the sideyard setback is. This case has taken a lot of our time, not just on this one but it's been before us more than once. What is the advantage to the Commission in delaying a decision that we're scheduled to make? CRAGHEAD: It is almost certain that your decision will be appealed to LUBA by one side or the other, and you will be postponing at least, if nothing else, the County's expense of having to defend its decision at LUBA. LUKE: There's no guarantee it goes way. I mean, what advantage is there -- CRAGHEAD: The advantage is that it may never go to LUBA because the parties may be able to settle. DEWOLF: Mr. Kuhn is in the back of the room. (To Mr. Kuhn, who was in the audience.) I'm assuming you are agreeable to this, to mediation on this. I mean, we don't need testimony, you can just nod, and that's good enough. WILLIAM KUHN (off the microphone): I have asked numerous times for mediation. DEWOLF: So you're fine -- you're obviously agreeable to this. To me, if mediation does not produce a satisfactory result to the two parties and to the County, all we are doing is postponing this decision. CRAGHEAD: Right. So, therefore, all you have done is added 75 days to your decision; it is at no more time or expense to the County if we do the delay. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 6 of 12 Pages DEWOLF: (To Nancy Gilbertson, in the audience.) As the director of the Community Dispute Resolution program, would you recommend we support the idea of going to mediation, Nancy? NANCY GILBERTSON (off microphone): Absolutely. LUKE: I don't think they'll probably go through them. (Laughter) CRAGHEAD: No. More than likely they'll probably want a mediator who is savvy to land use issues. DEWOLF: Okay. DALY: I don't have any problem with postponing this request. DEWOLF: Nor do I, unless you've got strong reasons or objections. LUKE: You don't need my vote. DEWOLF: That's true, but -- LUKE: I do object. I think we need to go forward. I think we need to make a decision in this thing and get it behind us. If people choose to go to LUBA, that should not take any part in the decision that we make, whether this thing is going to go to LUBA or not. That is irrelevant to this discussion. This thing has been before us for a long time, and if I had another vote I'd make a decision today, but evidently I don't. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 7 of 12 Pages DEWOLF: From my perspective, and the reason I'm willing to do this, is the potential for not going to LUBA and not having the County have additional expenses. The potential for this to be resolved without coming back to us I think is worth a shot. There's the opportunity for these two parties to try to get this thing worked out between them. CRAGHEAD: Okay. DALY: I agree. DEWOLF: Do we need to make a motion to do this? CRAGHEAD: There's no set time for your decision. DEWOLF: Okay. So they've tolled the 150 days by 75 days. LUKE: So this doesn't have to be continued. What's the proper -- CRAGHEAD: You can make your decision at any time, so it doesn't matter. LUKE: So you'll do the proper notice when the decision is going to be made. DEWOLF: So we're just agreeing to place this matter on hold for 75 days. LUKE: Up to. CRAGHEAD: Up to 75 days. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 8 of 12 Pages DEWOLF: Right. And you'll just keep in touch with us about how this thing proceeds? CRAGHEAD: Correct. DEWOLF: Thank you. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items: 10. Signature of Order No. 2002-135, Surrendering Portions of NW 22nd Street and Maple Avenue to the City of Redmond 11. Signature of a Two-year Lease Renewal Agreement between Deschutes County and the Redmond Rod & Gun Club 12. Signature of a One-year Lease Agreement between Deschutes County and John Chrisley to Relocate the Facility Currently Working out of the "Park Place" Manufactured Home to Property Owned by Mr. Chrisley 13. Signature of an Acknowledgement that the Deschutes County Public Library District has Resolved to Create its own Contract Review Board CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $4,897.18. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 9 of 12 Pages LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $10,437.00. 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 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $543,169.89. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 17. Before the Board was Consideration of Additions to the Agenda. A. Before the Board was Consideration of Signature of a Letter Appointing Keith Cyrus as the Sisters Area Representative for the Deschutes County Planning Commission, through June 30, 2006. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 10 of 12 Pages George Read explained that the position representing the Sisters area was vacated by Frank Deggendorfer since July 1. It took some time to get an adequate number of individuals to apply. Commissioner Luke said that a panel held three interviews, and the Board made the final decision. Mr. Cyrus is a long-time resident of Deschutes County and is very involved in his community. Commissioner Daly added that he has known Mr. Cyrus for a long time; Mr. Cyrus has a varied background, and he is always ready to serve the citizens. Mr. Cyrus said that he is pleased to be able to help. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. B. Before the Board was Consideration of Signature of an Amendment to a Professional Services Contract between Deschutes County and the Oregon Department of Human Services, Extending the Contract Expiration Date. Roger Kryzanek said this amendment changes the name of the County contact person, and changes the term date to February 1, 2003, which is the anticipated date of the new Oregon Health Plan. LUKE: Move approval, subject to legal review. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair DeWolf adjourned the meeting at 11:00 a.m. Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 11 of 12 Pages DATED this 30th Day of October 2002 for the Deschutes County Board of Commissioners. ATTEST: k$n-- Recording Secretary Tom DeWolf, Chair ennis R. Luke, Commissioner AIS is Kaelaly,C issioner Minutes of Board of Commissioners' Meeting Wednesday, October 30, 2002 Page 12 of 12 Pages