2003-136-Minutes for Meeting February 12,2003 Recorded 2/26/2003DESCHUTES COUNTY OFFICIAL RECORDS CJ Z00�'+36
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 0212612003 04;30;07 PM
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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, FEBRUARY 12, 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom DeWolf and Michael M. Daly.
Also present were David Givans and Anna Johnson, Commissioners' Office; George
Read, Ed Pecoraro, John Mason and Chris Schmoyer, Community Development;
Les Stiles, Sue Brewster and Jim Ross, Sheriffs Office; Marty Wynne, Finance
Department; and Tom Blust, George Kolb and Gary Judd, Road Department.
Also in attendance were Rick Isham and Mark Amberg, Legal Counsel; Hillary
Saraceno, Health Department; Gordon Norman, Mental Health Department;
Timm Schimke, Solid Waste Department; media representatives Chris Barker of
the Bulletin (recently from the Parkhill area of Denver), and Barney Lerten of
bend.com; and approximately twenty citizens.
The meeting began with an enjoyable short show given by entertainer Betty
Fairham - "Granny's Show & Tell" - a little song, dance and humor.
Chair Dennis Luke opened the formal meeting at 10:15 a.m.
1. Before the Board was Citizen Input.
JACK WEISBURGER (a retired forestry worker and new County resident):
I was here last meeting as you recall. I would respectfully like to give you a
report. I contacted George after the meeting, and they are not in any need of
any forestry expertise. He named three; one was a fire insurance expert. With
that said, I did take my tree issue to the City of Bend last week, so I will pursue
the tree issue with the City.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 1 of 15 Pages
I do have one issue to take up with the Commissioners this morning, and more
or less put them on point notice. I am one of those older people who is retired
and needs something to do. What I am going to hit you guys with is a little
controversial. I won't deal with the controversy today. I'll see how it works
here.
I've done some volunteer work for the Deschutes County Landmarks
Commission, and one of the projects with Pat Kliewer was to take pictures of
all of the City of Bend's Goal 5 properties. I'm dealing with the City of Bend's
Goal 5 program as we speak, but I have reviewed the Deschutes County Goal 5
properties and there are some problems in that program.
So I do have one recommendation. I just came from the County Assessor's
Office, which by the way they give excellent service there. And as far as I
know, all of the historic registry properties within the historic district come up
on the computer as a historic site. But your Goal 5 properties do not, for
Deschutes County or the City of Bend. The City of Bend's computer is
supposed to have the historic sites on it, so that when somebody comes in they
don't screw up. At least it ought to be on the Deschutes County computer. It's
very important. I was going to go into the Goal 5 thing and refresh your
memories, but I see you've got quite an agenda, so I will close at that.
DEWOLF:
I would encourage you to continue working with the Landmarks Commission
and Pat, and have the Landmarks Commission bring a recommendation back to
us. We've been doing everything that we can over the last few years to improve
our website; it's something that is really important to us. From what you've said
so far, it sounds like a great idea. We would take our lead from the Landmarks
Commission on that.
WEISBURGER:
I understand that, Mr. DeWolf. But Pat has more or less requested me to
separate myself so I'm not doing more volunteering for the Commission or the
Historical Society. There seems to be quite a big problem between the
Landmarks Commission and the City of Bend. It has to do with the historic
district, as you well know. It has nothing to do with County business other than
both the Deschutes County Historical Society and the Deschutes Historical
Landmarks Commission.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 2 of 15 Pages
I do have a little bit of criticism, and it came up today. I couldn't go up to get a
Goal 5 list for the County at the Historical Society's building because they don't
open until ten. So I went to Community Development and asked if I could get a
copy, because I want to list off a couple of these Goal 5 properties that the
County is really not up to speed on, as far as preservation is concerned. And
that's very important, State -wise. They couldn't come up with it, and called to
try to find Pat.
The other problem is that on Mondays that office is not open. I tried to get in
their last Monday regarding the Liberty Theater project fiasco. With that said, I
agreed with her when she requested that I separate myself. I will continue to
work with them, and go through the process. I just want to put it on record that
I am not a volunteer with for the Landmarks Commission anymore.
DEWOLF:
Okay.
LUKE:
Thank you.
(At this time, the Board moved to item #20)
2. Before the Board was a Discussion and Consideration of Chair Signature
of Oregon Health Services 2002-03 Grant Revision No. 8, regarding
Funding for the Breast Cancer Screening Program.
Hillary Saraceno gave a brief overview of the revision. She explained the
funding has been increased because of a higher need and additional outreach
efforts.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 3 of 15 Pages
3. Before the Board was a Discussion and Consideration of Chair Signature
of the Implementation Plan for 2003-05 and the HB 3024 Local Mental
Health Plan, Phase 2.
Gordon Norman provided a brief overview of the two documents, which relate
to State mandated services - alcohol and drug abuse prevention services, and
gambling prevention services. Following the State's outline, asset forfeiture
funds are used for these treatments. He added that both plans are unfortunately
disconnected from the State budget, and it is unknown how much more funding
will be available.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-014, Increasing Transportation Fees for Certain
Services provided by Deschutes Transfer Company.
Timm Schimke explained that there have been several discussions at posted
meetings on this proposal. Deschutes Transfer Company has requested a rate
adjustment based on changes that the County has made in the transportation
system over the past year. He added that the tipping fee should not have to be
increased in the near future.
Commissioner Luke stated that because of the public's increased use of the
Redmond transfer station, the time needed to move solid waste to the landfill
has increased. This is part of the growth of the County and the increases in
recycling efforts.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 4 of 15 Pages
5. Before the Board was a Discussion and Consideration of Ratification of an
Agreement to Share Costs with Crook County regarding an Environmental
Impact Study for the Millican/West Butte Road Project.
Tom Blust explained that this issue has been discussed at posted meetings.
The Bureau of Land Management has been directed to allow the right of way
for this road, which goes from Prineville to Highway 20. There's a fifteen -mile
stretch of road that is not paved, and Crook County wants to start construction
right away. The first step is an environmental assessment, at an estimated cost
of $150,000; Crook County has asked if Deschutes County will split the cost.
About seven miles of the fifteen are located in Deschutes County.
He added that since Crook County is anxious to move forward, this would be a
major impact on the budget of the Deschutes County Road Department. He
spoke with Scott Cooper of Crook County, and it appears an agreement can be
negotiated for Crook County to pave the entire road, with Deschutes County
reimbursing its share over several years.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-007, Initiating the Vacation of a Portion of Frank
Ogles Road.
George Kolb said that this property is east of Bend, between Dodds and Walker
Road, south of Alfalfa Market Road. A portion of this road was already
vacated in 1999.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 5 of 15 Pages
7. Before the Board was a Discussion and Consideration of Signature of Order
No. 2003-012, Accepting the Engineer's Report, and Setting a Date for a
Public Hearing relating to the Vacation of a Portion of Frank Ogles Road.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-021, Abandoning the Woodchip Local Improvement
District Process (due to a lack ofaffirmative votes).
Gary Judd explained that a positive vote of 60% is necessary, and this only got
48%. The supporters paid an $800 fee to initiate this action.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
9. Before the Board was a Discussion and Consideration of a Restaurant
License Fee Waiver for the La Pine Soup Kitchen.
John Mason gave a brief overview of this request, which he strongly suggested
the Board support. He said part of the problem that the environmental health
division has is unlicensed wells used for domestic water. This action would
help the applicant be able to handle. He added that there is a need for the Soup
Kitchen and for this type of inspection in the area. The existing well is just 200
feet deep. He also stated that this is a benevolent organization, and fees can be
waived; it is rarely requested.
Commissioner Luke said this makes for a strong case, and asked Mr. Mason to
tell them to send a completed grant request form for the water testing amount.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 6 of 15 Pages
George Read added that about $5,000 per year is budgeted for this kind of
thing, and he believes there are funds available.
John Mason said there is a septic system currently in place, but there is no
problem yet. If a problem develops, the new sewer system is in the road.
DEWOLF: Move approval, with a stipulation requiring the testing of the well
water.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
10. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-022, Changing (Correcting) the Name of Palamino Drive
to Palomino Drive.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of Order
No. 2003-023, Changing the Name of McCaw Drive to Overtree Road.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Signature of
Grant Documents for Funding the Deschutes County Historic Preservation
Program in the Amount of $22,000 from the Oregon State Historic
Preservation Office.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 7 of 15 Pages
Rick Isham explained that this is a federal grant that comes through the State.
The contract form is acceptable, but some changes have been suggested to the
State. All of the requirements are federal, with State requirements added.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
13. Before the Board was a Public Hearing (Rescheduled from January 22)
regarding Land Use File #TA -02-11, Requesting Changes in Zoning in the
Wickiup Junction Commercial/Residential District (Applicant. Wanek).
Chris Schmoyer gave an overview of the issue, which requests a change in the
Wickiup planning area. Currently commercial use buildings are not allowed
over 4,000 square feet; the applicant would like to see this increased to a
maximum of 12,000 square feet for large-scale commercial uses. This property
lies within the La Pine unincorporated urban area.
He added that this has the unanimous support of the Planning Commission, and
no adverse testimony was received at the previous public hearing.
Chair Luke then opened the public hearing.
Being no testimony offered, he closed the public hearing.
Chair Luke noted that the applicant, Mr. Wanek, has worked with the County
on this in good faith. Since citizens need to have this done, he has no problem
with adding an emergency clause.
Rick Isham said that the title of the Ordinance would have to be amended to add
this clause. Commissioner DeWolf observed that the emergency clause has not
been requested by the applicant verbally or in writing. He suggested that this be
addressed at the next regular meeting in two weeks, with the emergency clause
added if appropriate and if requested.
This item was continued to the Wednesday, February 26 Board meeting.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 8 of 15 Pages
14. Before the Board was a Public Hearing (Continued from January 29) and
Consideration of the First Reading of Ordinance No. 2003-001, Amending
the Deschutes County Comprehensive Plan to Adopt a New Coordinated
Population Forecast for Deschutes County and the Cities of Bend,
Redmond and Sisters.
Damian Syrnyk provided an overview of the Ordinance. He recommended that
the Board direct a working group to review the draft Oregon Economic Agency
to determine if the proposed or a revised forecast should be considered.
He added that all three cities are looking strongly at their urban growth
boundaries, and have been waiting a long time for a final forecast.
Commissioner DeWolf suggested that this might be a good item to address at
the meeting with Bend High School students on March 12. He added that he
would like to see a response to a letter submitted by Attorney Paul Dewey, who
raised some good questions.
At this time, Chair Luke opened the public hearing.
Vickie Brace of the Central Oregon Association of Realtors then spoke. She
said her organization is in regular contact with Community Development, and
supports the methods used to formulate the numbers. She added they
understand the impact and importance of the numbers, and feel they are
realistic. She said that the COAR encourages the Board to adopt the forecast,
which is much more dependable than the previous one from Portland State
University. (At this time she was requested to submit her comments in writing
to Mr. Syrnyk.)
Being no further testimony offered, Chair Luke stated that the hearing would be
left open for written testimony until the next hearing on March 12. He also
suggested the Board take staff s recommendation regarding a work group.
Commissioner Daly concurred.
This item will be addressed at the March 12 Board meeting.
15. Before the Board was a Discussion and Consideration of the Adoption, by
Emergency, of Ordinance No. 2003-009, Ratifying an Amended
Intergovernmental Agreement that Establishes the Bend Metropolitan
Planning Organization as an Intergovernmental Entity.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 9 of 15 Pages
Rick Isham stated that this Ordinance, if adopted, should be adopted by
emergency; and that it has already been approved by the City of Bend.
DEWOLF: Move first and second reading, by title only, declaring an
emergency.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Chair Luke then did the first and second readings, by title only.
DEWOLF: Move adoption.
DALY: Second.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2003-098, the Capital Asset Disposal & Transfer Policy and
Form, to Track the Transfer and Disposal of County -owned Property.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
17. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2003-099, Establishing a Capitalization Threshold for Capital
Assets and a Requirement for Periodic Physical Inventory of Tangible
Assets.
DEWOLF: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 10 of 15 Pages
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Before the Board was a Discussion and Consideration of Ratification of a
Letter Authorizing the County's Real Estate Broker of Record to Negotiate
the Possible Purchase of a Property on Lafayette Avenue.
Commissioner Luke noted that the owner of the property turned down the
County's offer, so the County will need to build a two-story building to house
the archives and warehouse facility.
LUKE: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
19. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-020, Transferring Cash Among Various Funds as
Budgeted in the Deschutes County Budget for Fiscal Year 2002-03.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
20. Before the Board was a Discussion and Consideration of Signature of a
Resolution Amending Bond Documents in Regard to the Financing of
Various Deschutes County Capital Construction and Improvement Projects.
Sheriff Les Stiles distributed a handout, and said that the good news is that the
Redmond City Council has unanimously voted to support the upcoming 9-1-1
operating levy.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 11 of 15 Pages
DEWOLF: The County also supports this levy.
DALY: I second that thought.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
(A resolution will be drafted for signature indicating the Board's support.)
At this time, Jim Ross, Business Manager of the Sheriff s Office, stated that
they are asking for the addition of $2 million to the upcoming bond offering, as
this is a need that will also affect public safety in the County for the next twenty
years.
Sheriff Stiles explained that the County has an 800 -megahertz radio trunk
system on an FCC slow -growth license. The County has until 2004 to fulfill the
purchase of five vacant channels. The Sheriff s Office is licensed as a 10 -
channel radio system, and they are maxed out on the current five channels. If
the additional channels and equipment are not purchased by the deadline, they
would be lost to a telecommunications company. With the anticipated growth
in the area and the requirements of homeland security, these additional five
channels are critical.
Since there is no funding in the budget or in the contingency fund for this, he
asked that the Board consider adding the purchase and installation of this
equipment to the proposed bond sale.
Commissioner DeWolf observed that various components have varied life
spans. Marty Wynne said that some would be less than twenty years, and some
would be more; this is a weighted average. Adding in $2 million over a twenty-
year span does not affect the rating. The balance of the bond would be on real
property, with buildings that would be depreciated over fifty years. At the end
of the tenth year or any time thereafter, investors could be put on notice that a
portion of the bonds would be redeemed and paid off, if this makes financial
sense at the time.
Sheriff Stiles explained how the Sheriff s Office would handle the debt service.
With other agencies utilizing the equipment already, and others possibly
coming on board and also paying a share, the cost to the department would
lessen. This should handle the needs of the area for twenty years.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 12 of 15 Pages
DEWOLF: Move approval.
LUKE: Second.
At this time, Commissioner Daly stated for the record that he has some concerns
about long-term financing on relatively short-term equipment. He is comfortable
with a ten-year basis on this portion.
He said he realizes the Sheriff was handed this system when he was elected, as
the contract was negotiated by the previous Sheriff. He also recognizes that the
area needs the system. He questioned whether the technology would be viable
after ten years, and would like to see it paid off early if it makes sense.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
21. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Keith Cyrus to the Deschutes County Weed Advisory
Board, through October 2005.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
22. Before the Board was a Public Hearing (Continued from January 8), and
Consideration of Signature of Resolution No. 2003-003, Adopting Public
Contracting Rules; Granting Exceptions from Competitive Bidding for
Certain Contracts; and Designating Certain Service Contracts as Personal
Services Contracts, for the Sunriver Service District.
This item will be addressed at the Monday, February 24 Work Session and
Wednesday, February 26 Board Meeting, when all three Commissioners will be
in attendance at both meetings.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 13 of 15 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
23. Before the Board was a Discussion and Consideration of Approval of
Weekly Accounts Payable Vouchers for the 9-1-1 County Service District.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
24. Before the Board was a Discussion and Consideration of Approval of
Weekly Accounts Payable Vouchers for the Extension/4-H County Service
District.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
25. Before the Board was a Discussion and Consideration of Approval of
Weekly Accounts Payable Vouchers for Deschutes County.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 14 of 15 Pages
26. ADDITIONS TO THE AGENDA
LUKE: Move approval of this week's bills without the signature of Mike
Maier, County Administrator.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:40 a.m.
DATED this 12th Day of February 2003 for the Deschutes County Board
of Commissioners. -�
De is R. Luke, Chair
ATTEST:
LT�)a�
Recording Secretary
Tom DeWolf, Commi sioner
Minutes of Board of Commissioners' Meeting Wednesday, February 12, 2003
Page 15 of 15 Pages