2003-810-Minutes for Meeting April 21,2003 Recorded 5/1/2003DESCHUTES COUNTY OFFICIAL RECORDS CJ ?443'914
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 05/01/1403 41;34;12 PM
IIIIIIIII 11111111111111111111111111
2003-000810
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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 21, 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; Rick Isham and Laurie
Craghead, Legal Counsel; Sue Brewster, Sheriffs Office; Jenny Scanlon, David
Holmes and Monique Martin, Juvenile Community Justice; George Read, Damian
Syrnyk, Paul Blikstad and Catherine Tilton, Community Development; Dan
Peddycord, Health Department; Scott Johnson, Commission on Children &
Families; and Roger Olson and George Kolb, Road Department.
Also present were Judy Sumners, Risk Management; Tammy Credicott, Property
Management; Susan Ross, David Givans and Anna Johnson, Commissioners'
Office; media representatives Chris Barker of the Bulletin and Barney Lerten of
bend. com; and seven other citizens.
Chair Dennis 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 and Adoption of a
Proclamation Declaring May 1, 2003 Central Oregon Volunteer
Appreciation Day.
This item will be addressed at the Wednesday, April 23 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 1 of 11 Pages
3. Before the Board was a Discussion and Consideration of Signature of a
Lease Amendment regarding the Sheriffs Office Sisters Substation
Lease.
Sue Brewster explained that because of a property tax rebate when property is
leased to a public entity, the rent is being lowered to take this into account.
This amounts to a financial break-even since the County won't be receiving
property taxes on the property.
This item was placed on the Wednesday consent agenda.
4. Before the Board was a Discussion and Consideration of Signature of the
Master Intergovernmental Agreement between Deschutes County and
Bonneville Power Administration to Provide Security to the BPA's
Redmond Facility.
Ms. Brewster said that the level of security is based upon the national security
program. The Sheriff has always provided a minimal amount, but BPA has
received a directive from the federal government to put this level of security
into place.
This item was placed on the Wednesday consent agenda.
5. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-053, Declaring Certain Deschutes County Personal
Property as Surplus, and Authorizing its Sale.
Ms. Brewster stated that there is an auction next weekend, and this order needs
to be approved ahead of time.
This item was placed on the Wednesday consent agenda.
6. Before the Board was a Discussion and Consideration of Signature of
Oregon Health Services FY 2002-03 Grant Revision #10, regarding
Funding Revisions.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 2 of 11 Pages
Dan Peddycord explained that this revision is for the WIC program, for
additional funding towards a new software program. During this transition, the
full allotment of clients is expected. The conversion should start during the first
two weeks of May.
This item was placed on the Wednesday consent agenda.
7. Before the Board was a Discussion and Consideration of Signature of an
Oregon Commission on Children & Families Grant Amendment, Reducing
State Funding Levels.
Debi Harr said this grant amendment formally reflects funding reductions for
this fiscal year.
This item was placed on the Wednesday consent agenda.
8. Before the Board was a Discussion and Consideration of Signature of an
Amendment to a Services Contract between Deschutes County and Maple
Star of Oregon, Reducing Funding Levels.
Jenny Scanlon said that this reflects a funding reduction at the state level.
Maple Star owes some usage to the County, so this amount should cover the
program through the end of the fiscal year.
This item was placed on the Wednesday consent agenda.
9. Before the Board was a Review and Discussion of a Proposed Contract
between Deschutes County Juvenile Community Justice and Deschutes
County Solid Waste Department regarding Community Work Service.
Ms. Scanlon indicated there are two contracts, breaking out the Heart of Oregon
Corp. contract because it is its own entity. The two contracts overlap, covering
six days a week total.
Dave Holmes explained that some of the workers are on probation, and some
are high school dropouts; others who are in custody work with Habitat for
Humanity and other programs. These juveniles work different days so that
they can attend school or work towards their GED; the program also offers
some on-site school programs. They are paid minimum wage for their work.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 3 of 11 Pages
The ultimate goal is to get the juveniles back on track and back into the
mainstream.
This item will be addressed at the Wednesday, April 23 Board meeting.
10. Before the Board was a Discussion and Consideration of Signature of a
Change Order between Deschutes County and Florida Atlantic University,
regarding the Dennis Maloney Contract.
Ms. Scanlon said this is a revision that is necessary because the current rate
amount is too low. This makes up an $800 difference. After September, Mr.
Maloney will be working through Oregon State University.
This item will be addressed at the Wednesday, April 23 Board meeting.
11. Before the Board was a Discussion and Consideration of Approval of By -
Laws for the Proposed Juvenile Community Justice Advisory Committee.
Ms. Scanlon said this concept was discussed previously with the Board. The
draft by-laws were gleaned from other advisory committee documents. The
Board had numerous questions regarding the by-laws, and did not feel
comfortable approving them at this time.
This item will be addressed at the Wednesday, April 23 Board meeting.
12. Before the Board was a Discussion and Consideration of Chair Signature
of a Notice of Intent to Award Contract for Supplying and Hauling
Crushed and Pre -Coated Rock for Chip Seal.
This item will be addressed at the Wednesday, April 23 Board meeting.
13. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-050, Authorizing Expenditures of Public Funds for the
Inspection and Load Rating of Bowery Lane Bridge, Bend.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 4 of 11 Pages
George Kolb said the inspection costs $2,500, and if there is rot in the main
stringers the bridge can be shut down. The County should not be held
responsible for maintaining it if there is a problem, as it is not a single access
road. If a problem is found, the County will need to decide how it should be
handled; that is, whether it should be closed or posted by weight.
This item will be addressed at the Wednesday, April 23 Board meeting.
14. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-052, Correcting Scrivener's Error in Documents relating
to the Surrender of a Portion of Maple Avenue to the City of Redmond.
The City of Redmond provided an inaccurate legal description; this corrects the
document.
This item was placed on the Wednesday consent agenda.
15. Before the Board was a Discussion and Consideration of Signature of an
Intergovernmental Agreement between Deschutes County and the City of
Bend regarding Services relating to Building, Mechanical and Plumbing
Inspections and Building Plan Review.
George Read said this is basically an agreement providing for assistance as
needed. The City has already contracted with someone in the Valley to do
some of the work. If the City requests, the County has to accept if it is able to
do the work. The charge is 46% for plan review, which is the same as for
Redmond, and $45 for inspections. It is a mutual aid agreement, and they will
charge County the same thing. The State charges $60 per hour.
DEWOLF: Move approval
DALY: Second
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 5 of 11 Pages
16. Before the Board was a Discussion of Community Development
Department's 2002 Accomplishments and Fiscal Year 2003-04 Work
Plan, and Setting a Date for a Public Hearing regarding the Work Plan.
This item will be addressed at the Wednesday, April 23 Board meeting.
17. Before the Board was a Discussion and Consideration of Road Dedication
RD -99-1 and Consideration of Signature of Deeds Dedicating a Portion of
Ward Road.
Cathy Tilton explained that this action is for five road dedications for a portion
of Ward Road east of Gosney Road. Originally it started out with seven
properties; two have since received divisions. She said there has been no
opposition.
This item was placed on the Wednesday consent agenda.
18. Before the Board was a Discussion of a Public Hearing and Consideration
of First and Second Readings and Adoption of Ordinances No. 2003-019
and No. 2003-020, Revising County Code in Order to Revise the Mineral
and Aggregate Resource Inventory for Deschutes County, and Declaring
an Emergency.
Paul Blikstad explained that this was approved originally, but was appealed to
LUBA; at that time, the applicant was granted four-year period to operate.
They have completed their mining and are now asking for a rezone since the
four-year period is long over. They have reclaimed the land, and they say it is
done. There has been no opposition to this, and no comments have been
received.
This item will be addressed at the Wednesday, April 23 Board meeting.
19. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-045, Regarding an Appeal of the Hearings Officer's
Decision on Files CU -02-124, CU -02-125, CU -02-126, and MC -02-17
(Appeal No. A-03-3; Kuhn and Watts).
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 6 of 11 Pages
Damian Syrnyk said that this is an appeal that previously came before the
Board. The applicant, Watts, and the appellants, Kuhn, tried mediation and had
asked for an extension. They now have until May 29 for the County to take
final action.
Commissioner Luke asked how the negotiations went. Mr. Syrnyk replied that
on April 14, Mr. Watts said that he wasn't hopeful about the settlement
agreement. Mr. Syrnyk added that he hasn't heard anything since, but he has to
assume that the Board will need to address this issue.
This item will be addressed at the Wednesday, April 23 Board meeting.
20. Before the Board was a Discussion of a Public Hearing regarding
Ordinance No. 2003-003, Amending County Code to Change Regulations
regarding Home Business Occupations.
Damian Syrnyk gave an overview of the basic concept of the ordinance. He
explained that the Planning Commission conducted two public hearings and
two work sessions on this issue, which is fairly complicated.
This hearing is scheduled for Wednesday, April 23 at 5:30 p.m.
21. Before the Board was a Discussion and Consideration of Signature of an
Indemnity Agreement Reallocating Property Taxes as a Result of a Lot
Line Adjustment.
Rick Isham said that the fence on this property doesn't follow the lot line;
therefore, the giving property needs to have taxes brought current. There has
been tentative approval for a subdivision plat. Nothing prohibits the
reallocation of taxes; this is the solution of the tax collector and the owners to
allow reallocation of property taxes to the core property.
This will allow the subdivision to be completed, and a lot line adjustment done.
Because this could not be done without an indemnity agreement, the title
company has agreed to hold the County harmless by means of this agreement.
DE WOLF : Move approval
LUKE: Second
VOTE: DALY: Yes.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 7 of 11 Pages
DEWOLF: Yes.
LUKE: Chair votes yes.
22. Before the Board was a Discussion and Consideration of Approval of Draft
Findings in Support of Exemption from Competitive Bidding
Requirements in regard to Improvements to a Public Building located at
Highway 97/Lafayette Avenue, Bend.
Susan Ross said that this will be fully discussed on Wednesday; it was properly
noticed and there could be public input.
Rick Isham said that the work that needs to be performed is very specialized,
and will be accomplished at prevailing wage according to the work that is being
done. Certified payrolls from the contractors are required by the County.
Ms. Ross said that there are three findings; there should be a substantial cost
savings, using a maximum guaranteed price. There are possible savings
because the contractor would be involved in the design of the facility up front,
which should eliminate change orders.
Also, it is highly specialized space (the entire computer system for the County),
and someone with experience in that type of facility should be hired. The third
element is the fast-track, as this facility needs to be completed quickly in order
to coordinate the completion of other projects.
The County will put out a proposal as in any other bid. These bids will be
reviewed by the committee, which will make its selection. In this instance the
contractor won't be selected exclusively by low bid.
At this time there was a general discussion of the process.
This item will be addressed at the Wednesday, April 23 Board meeting.
23. Before the Board was a Discussion and Consideration of Signature of an
Indemnity Agreement with Klah Klahnee and Sunnyside Sports for the
Bike -a -Roo Breakfast and Ride Scheduled for Sunday, April 27.
This item will be addressed at the Wednesday, April 23 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 8 of 11 Pages
2.4. Before the Board was a Discussion and Consideration of Signature of a
Lease Addendum between Deschutes County and the Oregon State Water
Resources Department regarding the State's Use of County Facilities at
1340 NW Wall Street, Bend.
Tammy Credicott said that the State has already agreed to this extension.
This item was placed on the Wednesday consent agenda.
25. Before the Board was a Discussion and Consideration of Signature of a
Bargain and Sale Deed for the Repurchase of a Parcel Previously
Foreclosed upon by the County for Non-payment of Taxes.
Ms. Credicott explained that the owner of the property was able to coordinate a
loan to cover taxes and costs.
DALY: Move approval
DEWOLF: Second
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
26. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-034, Authorizing Signers for Bank Accounts on Behalf
of Deschutes County (Mark Amberg is to replace Rick Isham due to Mr.
Isham's Retirement).
This item was placed on the Wednesday consent agenda.
27. Before the Board was a Discussion and Consideration of Signature of
Resolution No 2003-035, Transferring Appropriations within Various Funds
of the Deschutes County Fiscal Year 2002-03 Budget, and Directing Entries.
This item was placed on the Wednesday consent agenda.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 9 of 11 Pages
18. Before the Board was a Discussion and Consideration of Signature of Order
No. 2003-048, Authorizing the Refund of Taxes in the Amount of $1,803.29.
This item was placed on the Wednesday consent agenda.
19. Before the Board was a Discussion and Consideration of Signature of Order
No. 2003-051, Amending Order No. 2003-029, Eliminating the Transfer of
Cash from the 9-1-1 Equipment Reserve Fund to the 9-1-1 Operations Fund.
This item was placed on the Wednesday consent agenda.
30. Before the Board was a Discussion and Consideration of Signature of Letters
Appointing Tom Davis of Sisters and Michael Fisher of Bend to the Board of
the Upper Deschutes Watershed Council, through December 31, 2005.
This item was placed on the Wednesday consent agenda.
31. Before the Board were Additions to the Agenda.
A. Before the Board was a Discussion and Consideration of Commissioner
DeWolf s Signature of a Community Cultural Participation Grant
Program Agreement between Deschutes County and the Oregon
Cultural Trust.
DEWOLF: Move approval
DALY: Second
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Vern Walters to the La Pine Community Cemetery
Board, through April 1, 2007.
This item was placed on the Wednesday consent agenda.
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 10 of 11 Pages
C. Before the Board was a Discussion and Consideration of
Acknowledgment of a Resolution Adopted by Deschutes County
Special Road District No. 1 regarding the Creation of a Local
Contract Review Board for the District.
This item will be addressed at the Wednesday, April 23 Board meeting.
Being no further items brought before the Board, Chair Dennis Luke
adjourned the meeting at 11:25 a.m.
ADDITION TO MINUTES (from a meeting of April 16,2003):
Before the Board was a Discussion and Consideration of an Intent to Award a
Bid for Improvements to Knott Landfill Facilities.
Timm Schimke explained that the selection process has been completed, and URS
Corporation submitted the lowest bid.
LUKE: Move approval of chair signature of a notice of intent to award a bid to
URS Corporation, subject to negotiation per Legal Counsel's instructions.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
DATED this 21St Day of April 2003 for the Deschutes County Board of
Commissioners.
Dennis R. L
Tom DeWolf, Comru6sioner
ATTEST:
ichael M. Daly, eommissioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, April 21, 2003
Page 11 of 11 Pages