2003-169-Minutes for Meeting February 26,2003 Recorded 3/11/2003DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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CLERKRECOR°S 0 2003.169
03/11/2003 02:29:00 PM
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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Deschutes County Board of Commissioncrs
1130 N W 1 larriman St., I3ciid, OR 97 701-1 94 7
(541) 388-6570 -lax (54 1) 388-4752 - Nvv v%%dcsc1mtcs.orp,
MiNll FF,S OF ME,11'A 1NG
DFISCI iUTF.S COUNTY BOARD OY COMMISSIONFIRS
WEDNESDAY, H'FAIRI1ARY 26, 2003
Present livrrc COMM/ .SsionerS Dennis R. Luke, Tom DeRWf and Michael M. Daly.
A/so present were Anna Johnson, Connic Thomas and Botanic Baker,
Conmtissioners, C)fJice; 7�)m 13hu.rt and George Kolb, Road 1)cpartirtetit; 7 imm
Schimkc, Solid 111"asie Deparlmcnt; George head and Chris Schnroyer, Conununilj�
i)cvclopnzcnl; 1)an lkspolopulos and Kalhy Herringcr, hair & 1,.Ypo Cenicr; and
Roger Kryzanck, Mcnial Mcalth 1)cpartmcill.
ALvo in allendance were media represcnialives Chris Darker of the bulletin;
Barney Lcrlcn of bcl7d com; and Jess Morgan of7,-21 Tl ; Al Unger, Mayor of
the City of Redmond; approximately burly govcrnmenl/civic.c students; and
Scvcral olhcr citizens.
This mccling was held at 1lc(mond high School, and at 9:30 a.m. began with o
)rccslio» �nsihcr Scs.cion �1�ith the students. The slu(cyits asked yueslions or
e presscd concerns, and discussions with the Commissioners and some (kparlmcnt
representatives, regarding crowding in the schools, why the legislature cuts
funding to the schools, the reasons behind program cols at Central Oregon
Community College; why the Commissioners don't represent specific areas of the
County (honk rules was explained to them); unemplc'ymCI71 problems in the area;
Me accelerated grow1h o1'Redmoid,-fin -cst. fit e hreventioj7 nteasure.c; who is
respoacible for the various roads; who oversees the Sheriff,' and what will happen
liow thal the courts will be 01)e17 ft lier boars.
Ac regular board mecling began at 10:00 a.m. It was fo11olved by the school's
drama ((/)artmeitl',V special pf-escnlcilion of „You`re Not Alone" which isearl of o
vip
olcrn•e revention project developed and produced 1y studelTts.
Minutes of Board of Commissioners' Mecting Wednesday, February 2G, 2003
Pagc l of 9 Pagcs
1. CI'1 JZFN INPUT
Citizen C. B. loss explained to the board that on the morning ofFebruary 12th
he saw what appeared to be two County Road Department employees asleep in
a County vehicle at a worksite. I lc contacted the Road Department Director,
Tom Blust, about this incident.
Commissioner Luke advised that he is aware of this incident acid has discussed
it with Mr. Blust. Since it is a possible personnel issue, they are unable to
elaborate on the situation at this point. Mr. lflust pointed out, however, that he
had responded to Mr. Foss, inquiry in writing,, with as complete an explanation
as is possible at this point.
2. Before the Board was Cmisideration of Signature of Resolutimi No. 2003-
013, Initiating; the Vacation of a Portion of Arrowhead Drive and 'Three
Walkways in Tumalo Trails Subdivision.
IA'WOI,I': Move approval.
1)Al ,Y: Second.
VOIT": DALY: Yes.
DFWC)L : Yes.
l ,tlKl?: Chair votes Yes.
3. Before the Board was Consideration of Signature of Order No. 2003-019,
Vacating a Portion of Arrowhead Drive and Specific Walkways.
DEWOLF: Move approval.
DALY: Second.
VOTE': DALY: Yes.
DFWOL : Yes.
l ,UKI',: Chair votes yes.
Minutes of Board of, Commissioners, Mecting Wednesday, February 26, 2003
Parc 2 of 9 Pagcs
4. Before the board was Consideration of Signature of Contracts between
Deschutes County and bake County, for Building Inspection and flan
Review Services to be Provided by the Deschutes County Building Safety
Division.
(►corse Read explained that this is a good example of intergovernmental
cooperation. Since Deschutes County has employees qualified to do this xvork,
It is more efficient and cost-effective for government entities to cooperate in
this mannel'
DEWC)L : Move approval.
DALY: Second.
VO IT": DALY: Yes.
DEWC)L : Yes.
I ,UKI?: Chair votes yes.
5. before the Board was Consideration of Signature of Contracts between
Deschutes County and Jefferson County, for Building Inspection and flan
Review Services to be Provided by the Deschutes County Building Safety
Division.
DI ';WO1,F : Move approval.
DALY: Second.
VO TF': DALY: Yes.
1)1 ? WC)L : Yes.
I ,UKI": Chair votes yes.
G. Before the Board was Consideration of Signature of Order No. 2003-026,
Transferring Cash from the Fairgrounds Construction Fund to the Solid
Waste Capital Projects Fund, as Budgeted in the Deschutes County Budget
for Discal Year 2002-03.
DI?WC)L : Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting
Parc 3 of 9 Pages
Wednesday, February 26, 200:
VOTE: DAl,Y:
DE WOI ,I
LUKI?:
Yes.
Yes.
Chan' votes yes.
7. Before the board was Consideration of Signature of a letter Appointing
Doug Knight to lite Deschutes County historical landmarks Commission,
ending August 1, 2005 (conydefing the term of Ric Nmvak).
DI'WO11': Move approval.
DALY: Second.
NIDA ": DA LY : Yes.
DEWC)L : Yes.
1,UKI": Chair votes yes.
8. Before the Board was Consideration of Signature of letters Appointing
Barbara Smiley and Steve Stenkamp as h:x-Officio Members of the Deschutes
Count
y Ilistorical Landmarks Commission, ending March 1, 2007.
DI'WC)1,1': Move approval.
DALY: Second.
VOTI DAl,Y: Yes.
D]"WOI ,l : Yes.
LUKl Chair votes yes.
9. Before the. Board was a Public hearing and Consideration of First and
Second Reading of Ordinance No. 2003-008, Declaring an 11,mergency,
regarding land Use File #TA -02-11, Requesting Changes in Zoning in the
'1'1'ickiup Junction Commercial/Residential District (Applicant: Wanek).
Chris Schmoyer indicated that there has been no opposition received on these
Changes.
Chair Lukc opened the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, February 26, ?003
Page 4 of 9 Pages
Being 110 tes•tinio11y of 'red, he then closed the public l7eaIijtg.
I)I?WC)I,F: Move first and second readings, by title only, declaring an
emergency.
DALY: second.
VCYI F: DALY: Yes.
I )1! WO ,F : Yes.
I ,UK 1 Chair votes yes.
At this time, Choir Luke did the rs•t rending of Ordinonce No. 2003-008, by
title 01111'.
Choir Luke then did the second reuding of Ordinonce No. 2003-008, by title
DAL)": Move approval.
1)FIWOL : Second.
VOTE': l )AI ,Y: Yes.
1)I ? WC)L : Yes.
I,IIKI?: Chair votes yes.
Before the Board was Consideratiurr of Approval of the Coment Agenda.
1)A l ,Y : Move approval.
1)I ';WC)L : Second.
VO T DALY: Yes.
DF WOLF : Yes.
l UK1?: Chair votes yes.
Consent Agenda Items:
10. Signature of an lntergovernmental Agreement between I)eschtites County and
the State of Oregon regarding the Disbursement Of bunds to Six Other Counties
I'm Breast and Cervical Cancer Community I?ducation and C)Uti-CaCh.
Minutes of Board of Commissioners' Mecting Wednesday, t"chruary 2.6, 2003
PaV,c 5 of 9 Pagcs
1 1. Signature. of Amendment No. 2 between the State. of Oregon Youth Authority,
the Eastern Oregon Juvenile Justice Consortium, and the Deschutes County
Juvenile Community Justice Department and Commission Oil Children
Families, Decreasing State Funding for the Community Youth Investment
Progralll.
12. Ratification of Signature of Contracts between Deschutes County and the State
of Oregon, foi- Building Inspection and Plan Review Services to be Provided by
the Deschutes County Building Safety l )ivision.
13. Signature of a Letter Appointing .lack Nelson as the City of Rednlond's
Representative to the I )eschutes C'onnty Landmarks Commission, through
F61-11ary 2007.
14. Signature of Deeds of Dedication and Acceptance, Adding Public Right -of -
Way oft' Bacchus Lane.
15. Signature of Order No. 2003-024, Accepting Petition and Setting a Public
I learing Date regarding the Annexation of John Gill (dba Rock Springs Guest
Ranch) into Deschutes County Rural Fire Protection District No. 2.
16. Signature of Resolution No. 2003-015, Transferring Appropriations within
Various Mental I lealth bunds as Budgeted in the Deschutes County Budget I61,
Discal Year 2002-03.
17. Signature of Resolution No. 2003-018, Establishing a Cash Change bund 1-61-
the
orthe Deschutes County Mental I Icalth Department in the Amount of $50 for
Community Support Services, the La fine and Redmond offices, and the Becky
Johnson Community Center (to occommOdOIC clrMIS who now must moke co-
poYmcnisfin. scrvrccso.
18. Signature. of a letter Appointing Richard T. ford, Sr. of Sunl'ivCl', and Bruce
Berryhill of Sisters, to the Deschutes County Weed Advisory Board, through
December 3 1, 2005.
19. Signature of a Letter Reappointing Diane Adams to the Board of] lowell's
I lilltop Acres Special ]toad District, through December 31, 2005.
Minutes of Board of Commissioners' Meeting Wednesday, F6111ary 2.6, 2003
Pagc 6 of 9 Pages
CONVEAFA) AS 7'IIE, GOVh;1ZNING BODY Oh' 7'1111; SUNRIVE'R
Sl"'RVICE, DISTRICT
N. before the Board was Consideration of Signature of Letters of
Appointments to the Sunriver (County) Service District Budget Committee
for Fiscal Year 2003-2004: Penny (Mary W.) Dennington, Dave Setrer, and
Doug Scator.
1)E WOLF: Move approval.
DALY: Second.
VOTFI: DALY:
DFW01+
LUKI":
Yes.
Yes.
Chair votes yes.
CONNIFAI,:I) AS 7 III, GOVFRNING BODY OF 7'1111; 9-1-1 COUNTY
SENVICF, DISTRICT
21. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$4,907.74 (fivo ►t,eek.c).
DALY: Move approval, subject to review.
1)I WOI ,F : Second.
VOT DALY: Yes.
DEWOI ,F : Yes.
H JK FI: Chair votes yes.
CONNIFAI,;I) AS THE GOVFRNING BODY 011-1111", EATEASION/4-11
COUNTY SERVICE DISTRICT
22. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $2,692.29 (t►no ;veeks).
DALY: Move approval, subject to review.
DI VOL : Second.
N1111utes of Board of COI11nI1Sslonel-S, Meeting Wednesday, Fch uary 26, 2003
Pap,c 7 of 9 Pagcs
VOTE: I )AI ,Y: Yes.
DEWC)L : Yes.
LUKl Chair votes yes.
IZF;CONVEAED ASTHE DESCIIUTES COUN'T'Y BOARD OF
COM 1\11 SSI ONF RS
?3. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amc►unt of x;1,029,708.09
(1►>>n ►Meeks).
DALY: Move approval, subject to review.
I )1 ';WC)L : Second.
VOT DALY: Yes.
Yes.
IAJKFI: Chair votes yes.
24. AI)1)1'1'IONS'1'O 7'IIF; AGI1;NI)A.
A. Before the Board was Consideration of Signature of Amendment 1/1 to
the Oregon Department of lluman Services' Contract regarding Terms
of the Medical Assistance Program for Mental Ilealth Services.
Roger Kryranek stated that this amendment creates no financial impact; it
simply details that the County will make a good faith effort to obtain
payments from clients when appropriate.
DEVOL : Move approval.
DALY: Second.
VOT DALY: Yes.
1)I,,W()l,I :Yes.
LUKI Chair votes yes.
Minute of Board of Commissioners' Meeting Wednesday, February 26, 2003
Page 8 of 9 Pages
B. Before the Board was Consideration of the Authorization of Funding for
the County's Participation in Survey Efforts regarding the West Nile
Virus Mosquito Problem.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF:Yes.
LUKE: Chair votes yes.
Being no further items brought before the Board, Chair Dennis Luke adjourned
the meeting at 10:15 a.m.
DATED this 26th Day of February 2003Ztheschutes County Board
of Commissioners.
ennis R. Luke, Chair
Tom DeWolf, Commissioner
ATTEST: Michael M. Daly, Co issioner
Recording Secretary
Attachment
Exhibit A: Document #2002-350, First Amendment, Deschutes County Community
Youth Project Intergovernmental Agreement.
Minutes of Board of Commissioners' Meeting Wednesday, February 26, 2003
Page 9 of 9 Pages
KEVfEWED
OYA CONTRACT #
%�
FIRST AMENDMENT
DESCHUTES COUNTY COMMUNITY YOUTH PROJECT
TWO-YEAR INTERGOVERNMENTAL AGREEMENT
This First Amendment is entered into between the State of Oregon, acting by and through its
Oregon Youth Authority, hereafter called "OYA," the Central and Eastern Oregon Juvenile
Justice Consortium, hereafter called "CEOJJC," and Deschutes County Commission on
Children & Families and Department of Community Justice, hereafter called "County."
WHEREAS, the parties hereto entered into that certain intergovernmental agreement effective
September 1, 2001 for the 2001-2003 biennium for the Deschutes County Delinquent Youth
Demonstration Project;
WHEREAS, the increased funding of $36,993.00 for the Deschutes County Delinquent Youth
Demonstration Project has been eliminated in the OYA budget as a result of House Bill 5100;
WHEREAS, the parties accept the fact that legislative action requires a reduction in the
average daily rate and not -to -exceed amount of this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. The original Agreement by and between OYA, CEOJJC and County, dated September 1,
2001, is hereby amended (changes indicated by underlining) as follows:
A. Section 4.1 of the Agreement is amended and restated as follows:
As consideration for the services provided by Deschutes County under this Contract during
the period beginning September 1, 2001 and ending June 30, 2003, the OYA, subject to the
provision of ORS 293.462 (payment of overdue account charges), approval by the
Legislative Emergency Board and the terms of this Agreement, will pay to the County by
check, an amount not to exceed $1,589,797.00. Payments shall be made quarterly based on
the number of spaces managed at the local level, multiplied by the average daily rate
$132.53) of the OYA's close custody services. It is agreed that the daily bed allocation
will be reduced commensurate with the number of slots managed on a local basis. If the
County accesses more close custody bed spaces than the agreed on maximum number
(pursuant to 3.1.6), the County will pay OYA quarterly based on the following formula:
The number of close custody bed spaces used multiplied by the average daily rate
$132.53) of close custody services. Close custody bed days will be determined by the
actual daily count of youth listed on the Oregon Youth Authority Youth Correctional
Facility log, For purposes of this agreement, a bed day is considered to be an overnight
stay. OYA will provide HIS reports that will accurately reflect the actual daily count.
OYA will brill the County quarterly for any utilization of bed spaces in excess of the agreed
maximum number (pursuant to 3.1.6).
Page 1 of 3
Amendment to Intergovernmental Agreement V F11� Q
Deschutes County Community Youth Project
2. State's performance hereunder is conditioned upon County's compliance with provisions of
ORS 279.312, 279.314, 279.316, 279.320, and 279.555, which are hereby incorporated by
reference.
3. INcept as expressly amended above, all other terms and conditions of original agreement
arc still in full force and effect. County certifies that the representations, warranties and
certifications contained in the original agreement arc true and correct as of the enbctjve date of
His Amendment and with the same effect as though made at the tjme of this Amendment.
The individual signing on behalf of County hereby certifies and swears under penalty of
perjury that s/hc is authorized to act on behalf of County, s/he has authority and knowledge
regarding County's payment of taxes, and to the best of her/his knowledge, County is not in
violation of any Oregon tax laws including without limitation state inheritance tax, gift tax,
personal income tax, withholding tax, corporation income and excise taxes, amusement device
tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the
homeowners and renters properly tax relief program and local taxes administered by the.
l )epulment of Revenue (Multnomah County business Income Tax, lane 'Transit District "fax,
" SIVIchalmlitan Transit District I?mployer I'ayroll Tax, and "fri-NIchopolitau 7TrarBit District
Self-l?rnployment Tax).
(Kemainder of page left intentionally blank)
11ge 2 of 3
Anwnliu d to InleagovernnmMI Agrccmont
DcscLutcs County Community Youth Project
4. This Amendment is effective the date on which this Amendment is fully executed by the
parties and fully approved as required by applicable statutes and rules.
DATFID this, ---clay of �' .��f/12002
BOARD OF COUNTY COMMISSIONERS FOR
])1?SCHLYFI?S COUNTY, OIZFGON
7'OM I)l;W ]+', Chair
A7''17?S7': I) ?NNIS R. I,UKI;, ommissioner
Recording Secretary MIt'l Al?L M. DA1,Y, C' mn)issioner
/T/� 2002
l)A7'I?I)IN'qday of � ,
OR1?GON YO1JTJ I At1'I'I IORITY
KARI?N RROLAU, Director
DATI'D this,72C- day of r�.��-��'0-APK , 2002.
Reviewed by:
Stephen Tiklin, Presiding Circuit Judge
1 1't' Judicial District
Pagc 3 of 3
Amendment to lntuirovcnnncntal Agrccmcnt
1 )eSCllUteS County Community Youth Project
Cl?NTRAl , AND PASTERN ORI?GON
Jtll?NIH" JUSTICl? CONSORT] tIM
K I?N BOFA I I I N, President
Approved for l ,egal Sufticienc.y:
N/A ]let- OAR 137-045-050
Assistant Attorney General Dale