2003-858-Minutes for Meeting May 05,2003 Recorded 5/8/2003COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL 05/08/2003 08;36;48 AM
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2003-000858
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, MAY 59 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; Greg Canfield, Mental
Health Department; Jeff Kern, Surveyor; Tom Blust, Gary Judd and George Kolb,
Road Department; George Read, Steve Jorgensen, Chris Schmoyer and Dennis
Perkins, Community Development Department; Susan Ross and Ted Schassberger,
Commissioners' Office; Rick Isham, Mark Amberg and Laurie Craghead, Legal
Counsel; media representative Chris Barker of the Bulletin; and two 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 of a Proclamation
Declaring May 11 through 17 Peace Officers' Memorial Week in Deschutes
County.
This item will be addressed at the Wednesday, May 7 Board meeting.
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-268, a Rental Agreement between Deschutes County
and Windermere Property Management regarding the Transitional
Housing Program.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 1 of 13 Pages
Greg Canfield explained that this is a rental house in which to operate the
Liberty House program. The residence currently occupied had been rented
month-to-month and the rental has been terminated at the owners' option
because the house has been sold.
Commissioner Luke asked why the lease isn't for a longer, fixed period of time
instead of month to month. Mr. Canfield replied that it is an interim
arrangement anyway, until St. Charles completes the Horizon House facility.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-269, an Acceptance of a Deed of Dedication of
Property for Road Purposes (Groff Road; from Clukey).
Jeff Kern provided vicinity maps to the Board, and explained that the property
is located south and east of town. The road alignment doesn't follow the
alignment of the property lines. It's a narrow sliver of land, and the property
owners wish to dedicate it to the public. This came about because of a land use
application that has been held up due to this issue.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-270, an Acceptance of a Deed of Dedication of
Property for Road Purposes (Groff Road; from Straight and Kelly).
DEWOLF: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 2 of 13 Pages
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-266, a Labor Agreement Contract between Deschutes
County and Internal Union of Operating Engineers' Local 701.
Tom Blust appeared on behalf of the Solid Waste Department and the Road
Department.
Mike Maier explained that there has been a good team working on this
agreement; these people were Tom Blust, Debbie Legg of Personnel, Dennis
Morris of the Road Department, Mark Amberg of Legal Counsel, and Timm
Schimke of the Solid Waste Department. Eight or nine sessions were required
because the previous contract went into place about nine years ago, and there
were a lot of housekeeping items to address due to federal and state changes.
The negotiations went well, and a vote was taken three weeks ago, with only
two "no" votes on the contract. The major item was a salary freeze. Although
this contract expires on December 31, 2003, the next contract should be easier
to negotiate since many of the small issues have already been addressed. Work
on the new contract will begin in September or October; and if agreement isn't
reached by the end of December, the current contract stays in place until a new
agreement is reached.
Commissioner DeWolf questioned a clause in the contract that has to do with
the fair share agreement. Mark Amberg explained that this gives the employer
a right to require employees who do not want to be a member of the union to
contribute or pay a fair share. This typically comes into play because of a
religious preference. The employee does not have to dedicate the fair share
amount to a religious organization; it can go instead to a legitimate non-profit.
Commissioner DeWolf expressed that he is still uncomfortable with this clause;
however, Mr. Amberg pointed out that this is a requirement under collective
bargaining laws. The law assumes that even if someone doesn't want to be a
part of the union, they still benefit from union representation. AFSCME does
not have the fair share clause in its contract.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 3 of 13 Pages
Tom Blust added that there have only been one or two people in this situation,
and he thinks there may be none at this time.
DE WOLF : Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-043, Initiating Legalization Proceedings for a Portion
of J.D. Estates Drive.
George Kolb explained that the status of this road is unclear. When a partition
was recently being done, it was found that a portion of J.D. Estates Drive was
never finalized as a public road. ORS allows this to be clarified.
Mark Amberg added that this situation is a little unusual. Someone is trying to
sell a property, and the title company discovered a cloud on the title. The
Board's action would help these people out.
DE WOLF : Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-056, Directing J.D. Estates Drive to be Surveyed, and
Setting a Public Hearing Date of June 25, 2003.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 4 of 13 Pages
9. Before the Board was a Discussion of a Public Hearing to Take Testimony
on the Proposed Improvements of the Hurtley Ranch Road Local
Improvement District.
Gary Judd said that items 9 through 14 are to be heard on Wednesday.
This item will be addressed at the Wednesday, May 7 Board meeting.
10. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-040, Declaring the County's Intent to Issue
Obligations to Reimburse the County for Local Improvement District
Expenditures for the Hurtley Ranch Road Local Improvement District
Project.
This item will be addressed at the Wednesday, May 7 Board meeting.
11. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-039, Directing Improvements to be Made by Contract
Account for the Hurtley Ranch Road Local Improvement District.
This item will be addressed at the Wednesday, May 7 Board meeting.
12. Before the Board was a Discussion of a Public Hearing to Take Testimony
on the Proposed Improvements of the Covina Road Local Improvement
District.
This item will be addressed at the Wednesday, May 7 Board meeting.
13. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-042, Declaring the County's Intent to Issue
Obligations to Reimburse the County for Expenditures for the Covina
Road Local Improvement District Project.
This item will be addressed at the Wednesday, May 7 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 5 of 13 Pages
14. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-041, Directing Improvements to be Made by Force
Account for the Covina Road Local Improvement District.
This item will be addressed at the Wednesday, May 7 Board meeting.
15. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-263, an Amendment to the La Pine Stormwater
Management Grant from the Central Oregon Community Investment
Board, reducing the Grant Amount; and Document No. 2003-264,
Signature of the Project Completion Report.
This item was carried over from the Wednesday, April 30 Board meeting, and
will be addressed on Wednesday, May 7.
16. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-071, an Intergovernmental Agreement between Deschutes
County and the Department of Consumer and Business Services, for the
County to Perform "A", "B" and "C" Electrical Inspections for the State.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
17. Before the Board was a Discussion and Consideration of the First and
Second Readings and Consideration of the First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2003-010 and Ordinance No.
2003-011, Allowing Certain Property to be Included within the Urban
Growth Boundary of Sisters (Barclay Meadows Business Park, LLC).
Chris Schmoyer explained that the Board signed the decision on this subject
some time ago. It was appealed to LUBA, and then remanded back to the
County because of a transportation issue; it is now is finalized and is effective.
These ordinances got held back because of the LUBA appeal.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 6 of 13 Pages
DALY: Move 1St and 2nd reading of Ordinance No. 2003-010, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-010, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-010, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
DALY: Move 1st and 2nd reading of Ordinance No. 2003-011, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-011, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-011, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
18. Before the Board was a Discussion and Consideration of the First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2003-013
and Ordinance No. 2003-014, Allowing Certain Property to be Included
within the Urban Growth Boundary of Sisters (Sisters School District).
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 7 of 13 Pages
DALY: Move 1St and 2nd reading of Ordinance No. 2003-013, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-013, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-013, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
DALY: Move 1St and 2nd reading of Ordinance No. 2003-014, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-014, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-014, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
19. Before the Board was a Discussion and Consideration of the First and
Second Readings and Consideration of the First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2003-016 and Ordinance No.
2003-017, Allowing Certain Property to be Included within the Urban
Growth Boundary of Sisters (SOAR - Sisters Organization for Activities and
Recreation).
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 8 of 13 Pages
DALY: Move 1St and 2nd reading of Ordinance No. 2003-016, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-016, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-016, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
DALY: Move 1St and 2nd reading of Ordinance No. 2003-017, by title only,
declaring an emergency.
DEWOLF: Second.
Chair Luke then did the first reading of Ordinance No. 2003-017, by title only,
and declaring an emergency.
He then conducted the second reading of Ordinance No. 2003-017, by title only,
and declaring an emergency.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
20. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-054, Accepting a Petition and Setting a Date for a Public
Hearing in regard to the Jeff Kuk Annexation into Deschutes County
Rural Fire Protection District No. 2.
Laurie Craghead advised that if the Order is approved, the hearing would be set
for June 4.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 9 of 13 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
21. Before the Board was a Discussion and Consideration of the Adoption of
Policy No. 2003-101, regarding the Use of County Meeting Facilities and
Equipment by Non -County Agencies.
Mark Amberg explained that this involves the use of County facilities, and
would bring the current policy up to date.
Commissioner DeWolf expressed concerns about the portion dealing with after
hours meetings and having an employee present; nothing is said about
compensation. Also, he noted that there is no clarification about which groups
might use the facilities.
This will be discussed at a future administrative liaison so that some of the
language can be clarified.
22. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-058, Authorizing the Sale of County -owned Property
(located off Dale Road), Pursuant to Order No. 98-161.
Tammy Credicott said that this involves a pending sale to John and Kimberly
Andersch. They accepted the County's counter-offer of $595,000, with 15%
down, the balance carried for twenty years, at 7.25% interest. The sale is
contingent on the buyers being able to obtain a lot of record permit, and on the
success of the partitioning process, splitting the MUA zoned land from the EFU
zoned portion; the Andersch's are paying for this process.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 10 of 13 Pages
23. Before the Board were Additions to the Agenda.
A. Twin Lakes Resort Room Tax Issue.
Commissioner DeWolf said last Friday he was visited by Luanne Sisson, the
owner of the Twin Lakes Resort, regarding the renewal of her OLCC license.
He promised her he would discuss the issue with the other Commissioners
today and get back with her. He explained that although she is behind on room
tax payments, there is no established policy or criteria that justify the County
withholding approval of her OLCC license.
Rick Isham explained that he did some research on this issue, and found some
information under OAR 845.005.030.8, the OLCC Administrative Rule
regarding local government recommendations on OLCC licenses. There are
very specific criteria that the County must follow to disapprove an OLCC
license; one would be poor moral character not meeting OLCC rules; another
would be that they have licensing issues such as not being the true owners.
He said that years ago he met with the OLCC, who provided a handout of
proposed local government procedures. The OLCC's position was that they
would not consider recommendations from a local governmental agency unless
a process has been established at a local level to contest an unfavorable ruling.
Many cities and other jurisdictions have adopted this, but the Board of
Commissioners at the time felt that since the OLCC deals with the true
licensing issues, they would simply sign off on the processing portion.
Commissioner Luke emphasized that the Board chose not to sign this one; it
was not rejected. He added that this person still owes the County $10,183 in
room taxes from last year. The Finance Department has recommended that they
pay this and add a $4,400 security deposit for the current year. This was a
problem in the previous year as well.
Laurie Craghead said that the County has filed a complaint to get a judgment
lien; the owner did not file an answer but retained legal counsel. It was
discovered later that the law firm had a conflict of interest, so the time was
extended. It will be up on Wednesday. The last time this happened, the owner
obtained a loan and paid the taxes at the last minute.
Commissioner DeWolf stated that the problem with the Board not signing the
OLCC license application is that, since it is a separate issue, it poses unnecessary
liability to the County if it impacts the resort's ability to conduct business.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 11 of 13 Pages
Rick Isham added that it has been an ongoing policy for years not to adopt the
ordinance, and to just sign off on the applications. There would have to be a
strong reason to treat this application differently. There is no support of law or
by ordinance to not approve this application.
Commissioner Luke stressed that the County has been treated terribly in this
regard and this reflects on the owner's character. He asked how the Board can
approve this when apparently this business owner has complete disregard for
the laws of the County. He also said that the owner of the property where the
resort operates, the U.S. Forest Service, has sent registered letters to the owner,
which have been ignored.
Mr. Isham encouraged the Board to approve the application, as it cannot be
treated differently under the circumstances. The fact that taxes are owed is a
separate issue. The Board has made a decision not to handle these in this
manner, and to sign off on them as they come through.
Commissioner DeWolf said that this is not the way to handle the issue of non-
payment of taxes, and he will go along with what Legal Counsel advises.
Commissioner Daly added that he felt uncomfortable last fall when the Board
didn't sign the application. The room tax is a separate issue. Having the OLCC
license is a means for them to make some money, and by not signing it, the
County may take away that opportunity.
DEWOLF: Move signature of the OLCC license application for Twin Lakes
Resort.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes no. (Split vote)
B. Expansion of the La Pine Water District.
George Read explained that he would like to have the Board support the
expansion of the La Pine Water District, and suggested that the County handle
this portion of the project. The new line would run through the New
Neighborhood to Wickiup Junction, and therefore would be a savings to the
County.
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 12 of 13 Pages
The District obtained an approval for a federal grant to extend the water line to
Wickiup Junction. Since the District is fairly new, the County can help
expedite this process, which would allow water to be available in the New
Neighborhood more quickly. He further explained that the real cost would be if
someone calls for an election.
Laurie Craghead said the District needs to sign off on this process. This would
define the roles of the District and the County. Even if the Board initiates the
action, 100% of the owners need to sign off to avoid an election process. The
costs then would be for publication, with some staff time involved. An order
needs to be approved by the Board that initiates the expansion and sets a
hearing date.
Mr. Read added that there has been opposition indicated by those in Wickiup
Junction, as most of them are on wells now, and this restricts the development
there. Larger buildings are not possible in the current situation because there is
not enough water flow to deal with fires. He said he is meeting with the District
representatives later in the day to further address this proposal.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:25 a.m.
DATED this 5t" Day of May 2003 for the Desch tes County Board of
Commissioners.
Den is R. Lu e, Chair
Tom DeWolf, Commiss' er
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, May 5, 2003
Page 13 of 13 Pages