2003-747-Minutes for Meeting March 24,2003 Recorded 4/3/2003COUNTY
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2003-000747
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.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, MARCH 24, 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly.
Also present were Mike Maier, County Administrator; Anna Johnson and Ted
Schassberger, Commissioners' Office; Tom Blust, Don Minney and Gary Judd,
Road Department; Becky Jackson, Parole & Probation Department; Damian
Syrnyk, Kevin Harrison, Paul Blikstad and Catherine Morrow of Community
Development Department; media representative Chris Barker of the Bulletin, and
two other citizens.
Chair Dennis R. Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Discussion of the Reading of a Proclamation
Declaring April 2003 "Child Abuse Prevention Month" in Deschutes County.
This item will be addressed at the Wednesday, March 26 Board meeting.
3. Before the Board was a Discussion of a Ceremony Recognizing the Juvenile
Community Justice Resource Center Staff for their Outstanding Efforts in
Regard to the Thomas Murder Case.
This item will be addressed at the Wednesday, March 26 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 1 of 12 Pages
4. Before the Board was a Discussion and Consideration of Signature of
Amendment No. 2 to Intergovernmental Agreement No. 2045 between
Deschutes County and the State of Oregon Department of Corrections,
Allowing the State of Oregon to Reduce Funding for the Community
Corrections Program.
Becky Jackson explained two different cuts that have recently been made,
which are a result of the failure of Measure 28, plus additional cuts as made by
the Legislature. Funds were reduced by $381,783 this biennium.
5. Before the Board was a Discussion and Consideration of Signature of
Agreement No. 20,376, between Deschutes County, the City of Bend and
the Oregon Department of Transportation, regarding the Use of
Immediate Opportunity Funds for Improvements to Nelson Road and the
Intersection of Nelson Road and Powell Butte Highway.
Tom Blust said this provides funding to the City of Bend for improvements to
Nelson Road in regard to the expansion of Lancair's facilities.
Tom DeWolf asked if this is part of the City's expansion of the airport, which
was requested some years ago; whether this is for runway approval, or a tacit
approval for runway expansion.
Mr. Blust replied that the owners of Lancair had specific requirements for the
installation of their facility. This project was delayed because there was an
issue regarding the realignment of Nelson Road.
Kevin Harrison explained that the underlying land use permit was a site plan
approval for Lancair. They are required to improve Nelson Road as a condition
of approval, and this is being phased in. It may ultimately tie into the runway
extension, but on the face of it this project is for Lancair.
Catherine Morrow said the city has resurrected its airport update plan, and is
preparing to present this to the County. It is a separate issue from this project.
Chair DeWolf said that he assumes they aren't building something that would
have to be changed. Kevin said the City is still trying to get the realignment
done, but there are other issues to address. They have five years left to use their
funding on the bigger project. The only responsibility of the County is to
maintain the road once it has been completed.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 2 of 12 Pages
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-031, Abandoning 92"d Street Location Improvement
District.
Gary Judd explained that the proposal for this LID failed to get 60% approval
results of the mail poll. Commissioner Luke pointed out that just over 50% is
the State's requirement.
Commissioner DeWolf asked what this process cost; Mr. Judd replied it cost
about $1,400 up to this point. This amount includes staff time from Planning,
the Assessor, the Road Department, and Legal Counsel. The filing fee was
$700 and covered about half of that amount.
Commissioner Daly asked how complete the information that was mailed to the
citizens were; Mr. Judd answered that it included a not to exceed cost, a
schedule of events should it pass, plus other information. He added that there
had already been a homeowners' meeting on this issue. He stated that those
who were for and against the LID went door-to-door to try to influence the vote.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Three Grant Agreements between Deschutes County and the Oregon
Department of Agriculture regarding Noxious Weed Control - Dan
Sherwin, Road Department
Minutes of Board of Commissioners' Work Session
Page 3 of 12 Pages
I
Monday, March 24, 2003
Dan Sherwin explained that some grant funding has already been obtained for
noxious weed control, andhe hopes it willbe completely funded this year. The
funding comes to the County, who runs the contracts. There are no matching
funds from the County except salary costs.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
8. Before the Board was a Discussion and Consideration of a Public Hearing
on the Vacation of a Portion of Frank Ogles Road, and Consideration of
Signature of Order No. 2003-013, Vacating Said Road.
This item will be addressed at the Wednesday, March 26 Board meeting.
9. Before the Board was a Discussion and Consideration of Signature of an
Addendum to a License Agreement between Deschutes County and
Volunteers in Medicine Clinic of the Cascades, Extending the Term Date
for Use of a Portion of the Health Department Building.
This item will be addressed at the Wednesday, March 26 Board meeting.
10. Before the Board was a Discussion and Consideration of a Public Hearing
regarding a Petition Filed for the Roan Park, Russell and Yoke Road
Annexations into the La Pine Rural Fire Protection District.
Laurie Craghead said there would be three separate annexation hearings on
Wednesday, involving the La Pine Rural Fire Protection District. The
documents are ready, and all parties are supportive.
This item will be addressed at the Wednesday, March 26 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 4 of 12 Pages
11. Before the Board was a Discussion and Consideration regarding a Petition
Filed for the Annexation of John Gill (dba Rock Springs Guest Ranch) into
Deschutes County Rural Fire Protection District No. 2.
Per Laurie Craghead, all parties are supportive of this action.
This item will be addressed at the Wednesday, March 26 Board meeting.
12. Before the Board was a Discussion and Consideration of the Second
Reading and Adoption 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.
This item will be addressed at the Wednesday, March 26 Board meeting.
13. Before the Board was a Discussion and Consideration of the First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2003-
007, Amending Deschutes County Code to Update the Forest Use 1 (F-1)
and Forest Use 2 (F-2) Zones to Reflect Changes in Sate Law, and
Declaring an Emergency.
Damian Syrnyk explained that this ordinance would amend two chapters of the
forest code re: fl and f2 zoned lands. Last year his department started to go
through the existing Codes to make sure they are consistent with state law and
administrative rules in regard to forestlands. This is part of making Title 18
Codes consistent.
Commissioner Luke asked if there is a potential that property could be
downsized or reduced in value. Mr. Syrnyk replied that he didn't think so.
He added that the only testimony given was from John Jinnings at DLCD and
from the Forest Service. Kate Kimball of 1,000 Friends of Oregon had some
questions. He said that there had not been much input at the Planning
Commission level.
This item will be addressed at the Wednesday, March 26 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 5 of 12 Pages
14. Before the Board was a Discussion and Consideration of Signature of a
Services Contract between Deschutes County and H.G.E., Inc., for
Engineering and Design Services for the La Pine Newberry Neighborhood
Sewer System.
Catherine Morrow said that this is in regard to the sewer engineering contract. In
order to comply with the intergovernmental agreement with the La Pine Sewer
District, this will provide for the equivalent of 300 living units. It is partially
funded by grants, and some comes from the New Neighborhood budget. Three
parties responded to the bid; two were close, and one was much higher.
Laurie Craghead added that a small change is needed in Exhibit 1.
DEWOLF: Move approval, subject to legal review.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
15. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Jani Sutherland to the Deschutes County Bicycle and
Pedestrian Advisory Committee, through June 30, 2006.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Chair Signature
of a Modification of Grant Documents related to the La Pine Senior Center
Master Plan, relating to the Completion Date and other Details.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 6 of 12 Pages
17. Before the Board was a Discussion and Consideration of Signature of an
Agreement between Deschutes County and the City of Bend, regarding
Building Inspection Services for the Proposed Deschutes County
Warehouse and Archives Building.
Susan Ross said that this is similar to the agreement that's now in place for
inspections of the new County/State building.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Appointment and Reappointment Letters to the Ambulance Service Area
Advisory Committee.
Some terms have expired, and some have moved away. Hope to have all the
names by Wednesday.
This item will be addressed at the Wednesday, March 26 Board meeting.
19. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-030, Stating the County's Intent to Participate in the
Oregon Dispute Resolution Commission's Grant and Funding Activities.
Susan Ross explained that the biennium amount is $36,000, which are dedicated
funds generated from fines and fees. This process also involves Crook and
Jefferson counties.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 7 of 12 Pages
20. Before the Board was a Discussion and Consideration of a Presentation
Given by Representatives of United Senior Citizens of Bend in regard to the
Bend Senior Center Construction Loan.
Susan Ross said the loan is due now.
This item will be addressed at the Wednesday, March 26 Board meeting.
21. Before the Board was a Discussion and Consideration of Signature of an
Intergovernmental Agreement between Deschutes County and Four Rivers
Vector Control District, relating to Surveillance and Testing for West Nile
Mosquitoes within Deschutes County.
This item will be addressed at the Wednesday, March 26 Board meeting.
22. Before the Board was a Discussion and Consideration of Signature of a
Lease Amendment between Deschutes County and the Deschutes County
Historical Society, Extending the Lease of Real Property through June 30,
2034.
Commissioner DeWolf explained that this long-term lease is a requirement of a
grant.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-022, Transferring Appropriations within Deschutes
County Juvenile Community Justice Funds for Fiscal Year 2002-03 (to
cover additional staffing expenses related to the Barbara Thomas case), and
Directing Entries.
Commissioner DeWolf explained that this funding change was due to overtime
costs and other expenses due to the incarceration of the juveniles involved in
the Thomas murder case.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 8 of 12 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
24. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-023, Transferring Appropriations within in Deschutes
County Solid Waste Department's Budget for Fiscal Year 2002-03 to Cover
the Costs of a Replacement Scraper, and Directing Entries.
Commissioner DeWolf had some questions regarding this transfer of
appropriations, so Susan Ross and Mike Maier said they would meet with him
later in the day to explain the process.
This item will be addressed at the Wednesday, March 26 Board meeting.
25. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-024, Appropriating Federal Grant Funds for the
Deschutes County Juvenile Justice Department's Programs relating to
Mentoring and Training Re -Entry Youth.
Susan Ross said this is in regard to a community grant received by Juvenile
Justice, which needs to be appropriated. It extends over a federal fiscal year,
which is different than the County's fiscal year.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
26. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-027, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2002-03 (related to
the Addition of a HVAC Technician Position in the Building Services
Department); and Directing Entries.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 9 of 12 Pages
Mike Maier explained that this is in regard to transfers within the Building
Services Department, and should be revenue neutral; in the long haul, it will
have a positive impact on operations due to better results.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
27. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-028, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2002-03 (related to
Replacement Computer Equipment); and Directing Entries.
This provides a newer laptop computer for the Communications person in the
Commissioners' Office. Commissioner DeWolf indicated that he feels a new
computer is not necessary; that another one could be shared.
LUKE: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: No.
LUKE: Chair votes yes. (split vote)
28. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-029, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2002-03 (related to
Juvenile Community Justice Expenditures); and Directing Entries.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session
Page 10 of 12 Pages
Monday, March 24, 2003
29. Before the Board was a Discussion and Consideration of Additions to the
Agenda.
A. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing John Ahrens, Bill Kuhn and Genevieve Waldron to
the Deschutes County 4-H/Extension Service District Budget Committee
for Fiscal Year 2003-04.
This item will be addressed at the Wednesday, March 26 Board meeting.
B. Before the Board was a Discussion and Consideration of Signature of an
Amendment to a Community Development Block Grant Agreement
between Deschutes County and the State of Oregon Economic and
Community Development Department, regarding the Alyce Hatch Center
Project.
Susan Ross said that this just moves some funds around. The contract came in
lower, but the architect's fees were higher.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
C. Before the Board was a Discussion and Consideration of
Acknowledgement of the Modification of an Intergovernmental
Agreement between Deschutes County and the State of Oregon Criminal
Justice Commission, regarding Reductions of Funding for the Oregon
Juvenile Crime Prevention Program.
This item will be addressed at the Wednesday, March 26 Board meeting.
D. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control Commission Application for Angel's Thai
Restaurant, La Pine.
Minutes of Board of Commissioners' Work Session Monday, March 24, 2003
Page 11 of 12 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:05 a.m.
DATED this 24th Day of March 2003 for the Deschutes County Board of
Commissioners.
ATTEST:
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Recording Secretary
oe
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
Ael'el�lxvl'w
Mi-c'14el M. bary, Co missioner
Minutes of Board of Commissioners' Work Session
Page 12 of 12 Pages
Monday, March 24, 2003