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2003-752-Minutes for Meeting April 09,2003 Recorded 4/10/2003COUNTY TES FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERKDS CJ Z003'�5� COMMISSIONERS' JOURNAL 44/1012003 45.17.39 PM IIIIIIIII IIIIIIIIIIIIII III VIII III 2003-000732 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. 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, APRIL 9, 2003 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Today's meeting began with a rousing musical presentation performed by the talented students of the High Desert Middle School Jazz Band, directed by Sue Stieger. Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly. Also present were Rick Isham and Laurie Craghead, Legal Counsel; George Read, Community Development; Anna Johnson and Judith Ure, Commissioners' Office; Tammy Credicott, Property Management; media representatives Barney Lerten of bend.com, Chris Barker of the Bulletin, and a reporter from Z-21 TV,- approximately V,approximately a dozen other County employees; and six other citizens. Chair Dennis Luke opened the formal meeting at 10:25 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing and Consideration of First and Second Readings, and Signature of Ordinance No. 2003-021, Amending County Code to Comply with Oregon Revised Statute (replacing the word "infraction" with the word "violation"), Declaring an Emergency. Laurie Craghead explained that Oregon Revised Statute wording was changed to put in the word "violation" instead of "infraction", and the adoption of this Ordinance will bring the County into compliance. Minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 1 of 9 Pages Commissioner DeWolf asked how much staff time was used to do this. Ms. Craghead replied that it took a search of the entire County Code, which is contained in two large volumes. Commissioner DeWolf observed that it is a shame that it takes so much time and effort to comply with changes in State law that will never really be appreciated by the public. At this time, Chair Luke opened the public hearing. Being no testimony offered, he then closed the public hearing. DALY: Move first and second readings of Ordinance No. 2003-021, by title only. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. Chair Luke then conducted the first reading by title only, declaring an emergency. He then conducted the second reading by title only, declaring an emergency. DALY: Move approval of Ordinance No. 2003-021. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. 3. Before the Board was Consideration of Signature of Order No. 2003-049, Canceling the Procurement of Video Conferencing and Remote Arraignment Technology, and Making Findings. Commissioner Luke said that several people have requested further discussion on this issue, and that action not be taken at this time. Commissioner DeWolf stated that he has talked with Judge Tiktin about this issue, and is frustrated about not having enough information to be able to feel comfortable proceeding with this project. It started out with video arraignment equipment used with laptop computers, but the price has gone up substantially and the project has become more complicated. w1111ULcs vi rsoara or Lommissioners' Meeting Wednesday, April 9, 2003 Page 2 of 9 Pages He said he does not believe everyone has the same level of understanding of the project as Commissioner Luke does. He suggested that, as soon as possible, the Board meet with Judge Tiktin and any other Judges who are interested to go over the specifics of the project. Everyone needs to be on the same page regarding the project and its maintenance. The project is purported to save the County money; for instance, it will help the Sheriff with arraignments via video. But everyone needs to know what the project will do for the County and citizens. Additionally, if the Courts are requesting that specific equipment be included, perhaps the Courts should be responsible for paying for it. He also pointed out that he researched this type of project through the internet and there seems to be this kind of technology available at a fraction of the cost of the current bid. Commissioner Luke agreed that everyone needs to be clear on the project. He said that he has spent a lot of time on the project but his comfort level with the bids is not strong. He added that without the passage of this order, however, they are unable to discuss the bids of other companies. He added that the major money is involved in the connection. Commissioner Daly stated that his comfort level not good, either, and he sat in on some of the meetings. He said that Exhibit One needs to completely explain what they will provide for the dollars they are asking. He added that he checked with the State Contracting board, and Exhibit One is not registered in Oregon, and the process to become licensed in Oregon is not as easy as it once was. He also said that there are some good recommendations for Exhibit One being the best in the field. Rick Isham noted that the County can't sign a contract with a company that isn't already registered. Commissioner DeWolf explained that this does need to move along quickly since the new Judge is to start on July 1. Rick Isham noted that Exhibit One couldn't get the equipment in by that time. Commissioner DeWolf added that if the process had to start all over again, it could take another two years. The consensus was that a meeting with the Judges would be arranged as soon as possible. No action was taken on Order No. 2003-049 at this time. minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 3 of 9 Pages Before the Board was Consideration of Approval of the Consent Agenda. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. Consent Agenda Items: 4. Signature of Community Action Team Contracts for Subgrants with Deschutes County, regarding Grant Funds Targeting the Reduction of Substance Abuse among Youth. • Redmond Area Community Action Team/Redmond Prevention Team • Community Action Team of Sisters • La Pine Community Action Team 5. Signature of a Contract Amendment between Deschutes County and the Office of Oregon Medical Assistance Programs (OMAP) to Provide Chemical Dependency Treatment Services to Oregon Health Plan Clients. 6. Signature of a Contract Amendment between Deschutes County and the Oregon Department of Human Services regarding Developmental Disabilities Services. 7. Signature of a License Agreement between Deschutes County and Sunriver Resort regarding Establishing a Recycling Depot. 8. Signature of a Grant Agreement between Deschutes County (on Behalf of the Recycling Team) and the Oregon Department of Environmental Quality for Waste Prevention Education and Promotion. 9. Signature of Order No. 2003-036, Declaring the Intent to Create Lazy River Drive Local Improvement District, Accepting the Engineer's Report, and Setting a Hearing for Remonstrance. (The Public Hearing will be held on May 14.) 10. Signature of Order No. 2003-044, Surrendering Portions of NE Ninth Street, NE Eleventh Avenue and Antler Avenue to the City of Redmond. 11. Signature of Order No. 2003-037, Changing the Name of North Bluegrass Lane to Crossroads Loop. wiinutes or tsoara oT Uommissioners' Meeting Wednesday, April 9, 2003 Page 4 of 9 Pages 12. Signature of Order No. 2003-038, Changing the Name of South Bluegrass Lane to Bluegrass Loop. 13. Signature of Order No. 2003-039, Changing the Name of Crater to Crater Way. 14. Signature of Order No. 2003-040, Changing the Name of Graham to Graham Court. 15. Signature of Order No. 2003-041, Changing the Name of Mountain View to Mountain View Loop. 16. Signature of Order No. 2003-042, Changing the Name McKenzie to McKenzie Road. 17. Signature of Resolution No. 2003-032, Amending Resolution No. 98-122, Declaring the Intent of Deschutes County to Exchange Real Property, Declaring an Exchange Project, Setting a Hearing, Providing Notice, and Adding Properties to be Exchanged. 18. Signature of Resolution No. 2003-031, Transferring Appropriations within Various Funds of the Clerk's Office, and Directing Entries. 19. Signature of Resolution No. 2003-043, Transferring Cash among Various Funds as Budgeted in the Deschutes County Budget for Fiscal Year 2002-03, and Directing Entries. 20. Signature of Letters Appointing the Following Persons to the Central Oregon Intergovernmental Council Board, through December 2005: • Clyde Stryker - Representing Tourism and Recreation • Roger Lee - Representing Business and Industry • Sharon Miller - Representing the Underemployed and Unemployed CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-046, Declaring the Result of the March 11, 2003 Election regarding the Deschutes County 9-1-1 Service District Local Option Tax. Commissioners Luke and Daly put on their 9-1-1 County Service District "hats". Commissioner DeWolf declined. Minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 5 of 9 Pages Rick Isham gave an overview of the Order, and said that this election met both requirements of the law: over 50% voter turnout and over 50% affirmative votes. The Commissioner and Mr. Isham then had a lengthy dialogue regarding why the double majority vote process should be challenged in State court, as it can be unfair to some voters the way it is now set up. Commissioner DeWolf said that if there is a majority of votes cast that are positive but the 50% requirement is not met, this is unfair to the voters who took the time to cast their votes. Many of those who would vote "no" don't bother to vote at all since their non -vote is essentially a "no" vote. Mr. Isham said a County could approve an election in this kind of instance and force it into court, but the process could take a while. He said it should instead be challenged by one of the entities that is directly affected, such as Central Oregon Community College. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $1,448.02. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,212.54. minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 6 of 9 Pages DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $916,137.78. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. 25. ADDITION TO THE AGENDA A. Before the Board was Consideration of Signature of an Amendment to a Contract between Deschutes County and Four Rivers Vector Control District regarding Surveillance and Testing for West Nile Virus Mosquitoes. Rick Isham said this reflects increase in funding since the City of Bend has agreed to participate, and a change in the scope of work. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. B. Before the Board was Consideration of Approval of Weekly Vouchers without the Signature of the County Administrator. Minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 7 of 9 Pages DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. C. Before the Board was a Request to Apply for a Grant for "Project Wildfire". Commissioner Luke said that this grant is based on the Project Impact grant that recently ran out. He added that the only way these projects keep going is through grants; there is no other available funding. George Read, the Chair of the working group, said the group will no longer be under the name of Fire Free, but will instead be Fire Busters. He added that the County's committee was created by Ordinance, so the new name will need to be changed by Ordinance as well. The group, which consists of representatives of various agencies and other individuals, acts in an advisory capacity regarding hazard issues, in particular wildfire. Federal funding is more available if there is a viable citizens' coordinating group. He added that Community Development will be handling the process, and that the group recently received funding for a facilitator who will write up a business plan, and this should be completed soon. He said that part of the grant will provide fire education to children in grades K through 5, and is being done in a tri -county cooperative arrangement. Commissioner Luke stated that Legal Counsel has reviewed the documents and indicated they can be signed. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. 1WHIULUS or Doara or commissioners' Meeting Wednesday, April 9, 2003 Page 8 of 9 Pages D. Grant Application for Fire Free Funding. Commissioner Luke said that a grant application is being completed that seeks funding for Fire Free programs, which primarily is the "Free Dump Day" program handled by the Solid Waste Department. The Sheriff's Office had been handling this grant program, but no longer has the staff to continue doing so; therefore, Community Development will be taking on this responsibility. DALY: Move approval DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair vote yes. Being no further items brought before the Board, Chair Luke adjourned the meeting at 11: 00 a.m. DATED this 9th Day of April 2003 for the De hutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke', --Chair Tom DeWolf, o ionq y, uonAlssioner Exhibit A (4 pages): Agreement to Mediate, Document # 2003-221 dated April 7, 2003, regarding Dowell/Kuhn Land Use Appeal Minutes of Board of Commissioners' Meeting Wednesday, April 9, 2003 Page 9 of 9 Pages AGREEMENT TO MEDIATE The parties and the mediator understand and agree as follows: 1. Nature of Mediation: Mediation is a voluntary conflict resolution process in which an impartial mediator provides a safe and confidential environment to assist parties in reaching mutually acceptable agreements in a collaborative and informed manner. 2. Role of Mediator: The parties understand that the mediator is not a fact -finder or decision -maker and must remain impartial throughout the mediation process. Her role is to help the parties identify their individual needs and interests, clarify and understand their differences and find common ground. The mediator is not acting as an attorney and does not represent any party. Mediation is not a substitute for independent legal advice and the parties are encouraged to consult an attorney regarding their own separate legal needs, rights and obligations. Confidentiality: It is understood between the parties, any observers, and the mediator that the mediation will be strictly confidential. All mediation communications and materials are confidential and not subject to disclosure in any judicial or administrative proceeding, except as noted below. No party will call the mediator to testify in any such proceedings or seek production from the mediator of any written documents prepared or produced during the mediation, without her consent and the agreement of all parties. If either party contravenes this provision, the mediator will move to quash the subpoena or summons and the party in breach will pay all of the mediator's fees and expenses for so doing. The parties understand that the mediator may have private caucus meetings with individual parties, in which case all such meetings and discussions shall be confidential between the mediator and the individual party, unless otherwise agreed. The mediator will not disclose confidential information unless a participant makes a genuine threat of serious physical harm, or reports suspected child or elder abuse. The mediator will disclose otherwise confidential information if ordered to do so by judicial authority. With the consent of the parties, the mediator may discuss the mediation process with their attorneys and any advisors or experts retained by the parties. The exception to the above is that this Agreement to Mediate and any written agreement arising out of mediation, made and signed or approved by the parties, may be used in any relevant proceeding, unless the parties make a written agreement not to do so. Confluence Center for Mediation & Training - Mary Forst Associates Page 1 15500-H N.W. Ferry Road, Portland, OR 97231-1331 fax: (503) 621-9645 (503) 243-2290 htt2://ww-vv.confluenceceiiter.com mcforst(ci?igc.ort SAL.egal\CDD\Dowell\m fAGREEMENT TO MEDIATE.doc The parties agree that they will not disclose confidential mediation communications to any other person except as follows: 4. Expectations for Parties: All parties acknowledge that it is their good faith intention to reach an agreement through mediation. It is understood, however, that mediation is voluntary, so that any party may withdraw from or suspend the mediation process at any time, for any reason. The parties also understand that the mediator may suspend or terminate the mediation if she believes that the parties are unable or unwilling to participate effectively in the process, or if she can no longer effectively perform her facilitative role. All parties also agree to provide complete and accurate information as requested, to listen to the concerns of other parties and to search for fair and workable agreements. The parties agree there will be no reprisals or retaliation taken against any participant in the mediation based on information learned in the mediation. Dated this �_� fWACA—,2003 BOARD OF COUNTY COMMISSIONERS DENNIS R. LUK CHAIR ATTEST: TOM DEWOLF, COMMISSIONER Recording Secretary MIC AEL M. DALY, CO MISSIONER Dated this of , 2003 Dated this of '2003 Dated this of '2003 Confluence Center for Mediation & Training - Mary Forst Associates 15500-H N.W. Ferry Road, Portland, OR 97231-1331 fax: (503) 621-9645 http://www.confluencecenter.cot,ii S:\Lega1\CDD\Dowe11\mef AGREEMENT TO MEDIATE.doc Page 2 (503)243-2290 mcforst(aI,igc. Orgy AGREEMENT TO MEDIATE The parties and the mediator understand and agree as follows: 1. Nature of Mediation: Mediation is a voluntary conflict resolution process in which an impartial mediator provides a safe and confidential environment to assist parties in reaching mutually acceptable agreements in a collaborative and informed manner. 2. Role of Mediator: The parties understand that the mediator is not a fact -finder or decision -maker and must remain impartial throughout the mediation process. Her role is to help the parties identify their individual needs and interests, clarify and understand their differences and find common ground. The mediator is not acting as an attorney and does not represent any party. Mediation is not a substitute for independent legal advice and the parties are encouraged to consult an attorney regarding their own separate legal needs, rights and obligations. Confidentiality: It is understood between the parties, any observers, and the mediator that the mediation will be strictly confidential. All mediation communications and materials are confidential and not subject to disclosure in any judicial or administrative proceeding, except as noted below. No party will call the mediator to testify in any such proceedings or seek production from the mediator of any written documents prepared or produced during the mediation, without her consent and the agreement of all parties. If either party contravenes this provision, the mediator will move to quash the subpoena or summons and the party in breach will pay all of the mediator's, fees and expenses for so doing. _ The parties understand that the mediator may have private caucus meetings with individual parties, in which case all such meetings and discussions shall be confidential between the mediator and the individual party, unless otherwise agreed. The mediator will not disclose confidential information unless a participant makes a genuine threat of serious physical harm, or reports suspected child or elder abuse. The mediator will disclose otherwise confidential information if ordered to do so by judicial authority. With the consent of the parties, the mediator may discuss the mediation process with their attorneys and any advisors or experts retained by the parties. Confluence Center for Mediation & Training - Mary Forst Associates 15500-H N.W. Ferry Road, Portland, OR 97231-1331 fax: 503 621-9645 Page 1 ( ) (503)243-2290 http://www.confluencecenter.com mcf&st(a)igc. org The exception to the above is that this Agreement to Mediate and any written agreement arising out of mediation, made and signed or approved by the parties, may be used in any relevant proceeding, unless the parties make a written agreement not to do so. The parties agree that they will not disclose confide other person except as follows: &--V� A /, k mediation communications to any 4. Expectations for Parties: All parties acknowledge that it is their good faith intention to reach an agreement through mediation. It is understood, however, that mediation is voluntary, so that any party may withdraw from or suspend the mediation process at any time, for any reason. The parties also understand that the mediator may suspend or terminate the mediation if she believes that the parties are unable or unwilling to participate effectively in the process, or if she can no longer effectively perform her facilitative role. All parties also agree to provide complete and accurate information as requested, to listen to the concerns of other parties and to search for fair and workable agreements. The parties agree there will be no reprisals or retaliation taken against any participant in the mediation based on information learned in the mediation. Date- Ll%%/03 Confluence Center for Mediation & Training - Mary Forst Associates Page 2 15500-H N.W. Ferry Road, Portland, OR 97231-1331 fax: (503) 621-9645 (503) 243-2290 http://www.confluencecenter.com mcfbrst0iAc.orjq