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2003-898-Minutes for Meeting May 14,2003 Recorded 5/16/2003COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS U 2003478 COMMISSIONERS' JOURNAL 05 Z/16/Z003 03;48:41 PM II II III I () IIIIIII IIII II III III 0-0 88 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.orc MINUTES OF BOARD MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 149 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 Susan Ross, Commissioners' Office; Ricklsham and Mark Amberg, Legal Counsel; George Read, John Mason, Kevin Harrison and Tom Anderson, Community Development; Tom Blust, Gary Judd and Don Sherwin, Road Department; Dan Peddycord, Health Department; Carlie Chubb, Tax Department; Geri Hauser, Surveyor's Office; media representatives Chris Barker of the Bulletin and Barney Lerten of bend.com; and about twenty other citizens. Chair Dennis Luke opened the meeting at 10: 02 a.m. 1. Before the Board was Citizen Input. Tony Aceti, citizen, indicated he wished to speak. Commissioner Luke cautioned him that since there have been some land use issues involving the County and Mr. Aceti, it would be inappropriate to discuss anything relating to those issues at this time. Mr. Aceti stated that he just wanted to make a comment about the proposed Millican Road (West Butte Road) project. He said that perhaps Deschutes and Crook counties could ask Jefferson County for some help with the funding of this road improvement project, since many of the trucks taking the bypass would stop in Madras instead of Prineville. This could be an economic benefit for Madras. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 1 of 15 Pages Commissioner Luke observed that the trucks have to go through Jefferson County anyway. However, if the trucks are coming from the east, there are no facilities for truckers on the north end of town, so they probably would stop in Madras. Commissioner Daly added that Jefferson County's funding is in trouble right now, and they probably couldn't help even if they wanted to. Commissioner Luke indicated that the highway between Prineville and Madras will also require some improvements if truck traffic is increased. 2. Before the Board was the Reading of a Proclamation Declaring May 15 as Deschutes County and COIC Employee Health and Fitness Day, and Kicking Off the B- Well Walking Club. Geri Hauser of the Surveyor's Office and Carlie Chubb of the Tax Office appeared before the Board. Ms. Chubb then read the Proclamation to the audience. She added that this group has been in place for about a year, and the idea is to encourage whatever improves employees' health. Since change is difficult for everyone, the focus is to get beginners started, and to make it fun as well. The Walking Club concept uses two different methods: pedometers and walking for time. Stations are being marked out on County campuses by the Road Department to measure for pedometer use. There are also County campus maps on the intranet that detail the mileage. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 3. Before the Board was the Reading of a Proclamation Declaring the Third Week of June as Noxious Weed Awareness Week in Deschutes County. Dan Sherwin and members of the Weed Board -- Paul Stell, Bill Padgham, Mary Woolley, Kelly Walker and Dick Ford -- came before the Board. Commissioner Luke stated that the group is very active; however, he is sorry to report that the representative of the Bureau of Land Management, which owns thousands of acres in the County, resigned and does not take part any longer. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 2 of 15 Pages Weed Board member Paul Stell from Bend Park and Recreation District explained there are a lot of programs now in progress, including a community- wide weed pull in the Bend city limits, and a lot of work with neighborhood associations. All of the projects are citizen -driven, with the support of various organizations. Dan Sherwin said that the focus of the group's efforts is community education about the problem, utilizing press releases and various events. The U.S. Forest Service has had someone attend every meeting, and has provided brochures and other material. He added that in the future the group hopes to involve the cities of Redmond and Sisters, and other County communities such as La Pine. He also said that the group was successful in obtaining grant funds in the amount of $20,000, of which $10,000 is to go towards work within the City of Bend. Commissioner Luke observed that the wildfire programs started small, and are now region wide. He suggested that the group go before the councils of the other cities, and perhaps attend future Commissioner/City Council meetings with Redmond and Sisters. Mr. Sherwin stated that they've already done 300 miles of pre -emergent road work (to keep the weed seeds from developing into plants). They've sprayed around the Bend Airport, and also spent about $3,000 for spraying the gravel parking lots and other areas around the Fairgrounds. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2003-063, Approving the Appointment of a Justice of the Peace Pro Tempore (Greg Colvin) to Cover for Stephen Forte when Judge Forte is Unavailable. Mark Amberg explained that this involves the appointment of Charles Fadeley and the reappointment of Greg Colvin, who has filled in for Judge Forte in the past. He said that they'll be available and will serve at the discretion of the Justice of the Peace and the Commissioners. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 3 of 15 Pages Commissioner DeWolf pointed out that the order states that the Commissioners have reviewed the qualifications of these people and recommend them. He said that perhaps Stephen Forte has done so, but the Board hasn't. Mark Amberg replied that the phrase can be deleted. DEWOLF: Move approval, with the change as discussed. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Approval of the Deschutes County Health Department's Annual Plan for 2003-04. Dan Peddycord explained that the Annual Plan is required for any grant work with the State. He added that this year's document is a radical departure from the past; it reflects an assessment of community health, and addresses the specific needs of the community. The first step is to realign programs in the format that is used for the national health plan, called "the ten essential functions of health". Commissioner DeWolf said this is a huge issue, since there are so many unmet community health needs, and it's getting worse all the time. Dan Peddycord concurred, and pointed out that regarding primary care, probably 20,000 local citizens will lose their insurance in the coming months because of changes in the Oregon Health Plan and within private companies. Also, local private physicians have closed their practices to accepting Medicare and Oregon Health Plan clients; this adds a barrier to another 25,000 individuals for primary health care needs. He said that St. Charles and various physicians are discussing the Oregon Health Plan transition, which means that some people who have coverage won't be able to get care. They are looking at partnering with some physicians who will exclusively deal with OHP and Medicare clients. Commissioner DeWolf said that regarding causes of death, AIDS seems to be one of the top ones in the country. He asked how the County compares. Mr. Peddycord replied that it's not one of the top causes of death in the area; central Oregon does have a higher incident of accidental deaths, because of recreational aspects; these include drownings, motor vehicle accidents, falls, and so on. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 4 of 15 Pages Commissioner DeWolf pointed out that in 1999, Deschutes County rated 35th out of 36 counties in childhood immunizations; that figure is now 91h out of 36. Mr. Peddycord replied that the "shots for tots" program has been very successful. However, the other side of the issue is that since the department is closed on Fridays, there can be a four to six week wait for an appointment. This is especially critical for family planning services. Commissioner Daly asked about the Volunteers in Medicine facility; Mr. Peddycord said that permitting is currently being held up at the City, and he doesn't anticipate it opening before February 2004. This will help with approximately 15,000 uninsured people. However there are many who will face transportation difficulties. Commissioner Daly asked if the Community Care Clinic would remain open. Mr. Peddycord said it has been budgeted to close down, but it should be kept only to see OHP and Medicare clients. It needs to be determined if it can break even or what kind of subsidy is necessary. At this point it's unknown if St. Charles will match the funding. Commissioner Daly observed that if services aren't available, the clients will end up going to the emergency room. Commissioner Luke asked when the document would be available to the public on the County's website. Mr. Peddycord replied that it will be posted as soon as the State has approved it. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 6. Before the Board was a Public Hearing on the Lazy River Drive Local Improvement District, and Consideration of Signature of Resolution No. 2003-044, Directing Improvements to be Made by Contract. Gary Judd gave an overview of the resolution. He said he received six remonstrances in the mail; the primary reason seems to be that these properties have no septic system approval, there are no structures, and under current regulations the parcels are probably not buildable. However, some of this may be based on rumor and not on fact. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 5 of 15 Pages He added that the cost is about $2,000 per lot, and well over 60% of the owners voted yes. At this time, Chair Luke opened the public hearing. Milton Benaer, a Lazy River Drive resident, explained that the subdivision abuts Thousand Trails RV Resort. The road serves as a collector road for about 400 or more vehicles per day. Drivers use it as a feeder road to the closest blacktop. He said he's in favor of these improvements, and is representing those other citizens who voted yes. There were 27 "no" votes and 37 who did not vote. He also thanked the County for helping to educate citizens on the local improvement district process; and said that Mr. Judd did an exemplary job. He said that there is an existing road district, so they will now be able to go to a minimal assessment; to about $1.00 per thousand instead of over $4.00 per thousand. No objections have been received regarding the district's having to continue maintaining the roads that abut Lazy River Drive. Being no further testimony offered, Chair Luke closed the public hearing. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Signature of Resolution No. 2003- 048, Declaring the County's Intent to Issue Obligations to Reimburse the County for Lazy River Drive Local Improvement District Project Expenditures. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 6 of 15 Pages 8. Before the Board was a Public Hearing on the Community Development Department Fiscal Year 2003-04 Draft Work Plan. Commissioner Luke thanked the Community Development Department for handling the previous night's meeting in La Pine regarding ground water issues. He said it was a great presentation, and was well attended by citizens who seemed very interested in the information being provided. George Read replied that it was known years ago that there's a potential problem, but because of the federal grant, they were able to gather the necessary data to prove it. He explained that his department's budget hearing is scheduled for the following week, and the work plan ties into it; his focus is to keep the goals, budget and work programs consistent. Representatives of his department will meet with the Planning Commission, send out notices and invite public testimony. He added that generally the accomplishments are close to what is in the work plan each year. He then went over some of the highlights of the work plan, which included: ■ Customer service items, such as implementing electronic permits so credit cards can utilized. ■ Archives work — reorganizing archives, and scanning files as appropriate. ■ GIS use — finding corners, leach lines and so on. Using a GPS on site at an inspection can help to pinpoint the location in the future. It could be a pilot program, but a determination needs to be made as to whether it would be cost effective. ■ Shortening minor plan review timelines — the building division may allow inspection requests until 6 a.m., which means shifting work schedules in the department. The turnaround time has been ten days for all plans unless they are on hold due to a specific issue. ■ Inspection streamlining and improving consistency. The department now handles inspections for Redmond, Lake County, Crook County and the State. They could handle some of Bend's work if Bend is interesting in participating in this manner. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 7 of 15 Pages ■ Building codes changed on April 1, but they can't be place on line as the National Building Code has a copyright on it. ■ The environmental health division lost its long time director. It was expected that the demand for the on-site program would decrease, but it went up 14% instead. Also, all restaurants are inspected at least once a year, and most are inspected twice. ■ The grant for the La Pine project runs out in two years, and the employees involved in that project will be phased into other positions. ■ His department is working with the Health Department on epidemiology and West Nile virus issues. ■ They are looking for sources of funding to monitor river water quality. ■ Some properties in Tumalo are experiencing problems with wells, so funding is being sought to address this issue. ■ The Planning Division is keeping up with benchmarks and turnaround times, and serves 5,000 customers a year. He is considering implementing a cost accounting system to keep track of time. ■ One of the big issues is long-range planning. (He gave an overview at this time.) ■ The Comprehensive Plan needs to be updated. It was written in 1979, and has had various revisions of portions of it. The goal is to totally update it and make it more readable. ■ His department is working with the cities of Bend, Redmond and Sisters on their specific issues. Bend has major projects pending, such as an industrial lands review, transportation planning, the MPO, and SDC's. Redmond is addressing SDC's and the Redmond collaborative planning effort. Sisters wants its plan update to be approved by the County next fiscal year; at this point they just have a draft. Commissioner DeWolf emphasized that this document needs to be adopted before he will be open to approving any further urban growth boundary expansions in Sisters. Mr. Read said they have been waiting on the coordinated population forecast. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 8 of 15 Pages Other issues being addressed by Community Development are: ■ Updating the plan, per a pending bill; mapping is a part of this and will impact the department's workload. This may be mandated. ■ Working with no -shoot districts. ■ Updating EFU zoning. ■ Analyzing transportation projects. ■ Dealing with committee assignments. ■ Non -committed projects, as recommended by the Planning Commission. Additional staff would be needed for these. They could include wetlands updates and surface mining issues. At this time, Chair Luke opened the meeting for public comment. Kevin Wing, representing the Central Oregon Builders' Association, then spoke. He complimented the work of George Read and Dennis Perkins. He added that he supports the goals that have been discussed. He stated that he has worked with probably forty such organizations, and this is a good one. Commissioner DeWolf said that the Board is proud of the work the department does, and they have received good community feedback. Mr. Wing pointed out that in framing the goals of the next year and budgeting for them, the County provides little support to the department with general fund dollars. The general citizenry pays for a small portion of the budget, and the balance is paid by those who demand and receive services. The issue is that half of the goals in the work plan and functions of the department have nothing to do with the people who are purchasing permits. He went on to say that in his opinion these programs benefit the community as a whole and not the individual permit purchasers. Therefore, those who buy permits are subsidizing the community's benefits. Some cities, such as Eugene and Springfield, and some counties, such as Lane County, contribute to their community development departments. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 9 of 15 Pages Commissioner DeWolf pointed out that some of them also subsidize parole and probation and other departments, and the County does not for the most part. He added that in everything, especially where taxes and fees are concerned, nothing is completely fair to everyone. He said he's never had a fire truck pull up to his house, but still pays for that service. People pay for 9-1-1 services but may never have to call for help. Mr. Wing stated that Community Development is set up as an enterprise, and those who want services pay for them. However, permit purchasers are paying for all of it. Commissioner Luke said that he has been in the area since 1973, and at one time was president of the Homebuilders' Association. The County used to charge the building department for rent for the entire building that was shared by other departments. The County doesn't take much from CDD, and is in fact reducing some of its direct costs now. The funding could be moved around, but the whole picture needs to be analyzed. Although some government entities may subsidize their departments, they may also be getting back some of that in charges to the departments. He did agree that some good points have been raised, however. Commissioner DeWolf added that the County doesn't charge SDC's for transportation, although the cities all charge huge amounts for this. The whole community benefits. Nothing is as simple as people would like. Being no further testimony, Chair Luke closed the public testimony portion of this item. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 9. Before the Board was Consideration of Signature of a Quitclaim Deed, releasing Mineral Rights in a 1962 Property Deed from the County to Robert Coats, Clearing Title for a Number of Homeowners. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 10 of 15 Pages Tammy Credicott explained that this deed was requested by Sue Bussard of Brooks Resources. Much of the property has been developed into homesites, and there's also a golf course. Rick Isham went on to say that the County did not register the mineral rights, and the homeowners can go through a process to defeat the mineral rights issue. However, the property is not zoned for mining and this simply makes it possible for the homeowners and Brooks Resources to avoid the process and clear a cloud on the title. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 10. Before the Board was Consideration of Signature of Resolution No. 2003- 049, Transferring Cash with Various Categories of Mental Health Department Funds, and Directing Entries. Mike Maier explained this resolution would transfer ABHA funds into the regular fund to the maximum allowed without having to do a supplemental budget. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. Before the Board was Consideration of Approval of the Consent Agenda. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 11 of 15 Pages Consent Agenda Items: 11. Signature of Order No. 2003-059, Transferring Cash among Various Funds, as Budgeted in the Deschutes County Fiscal Year 2002-03 Budget, and Directing Entries. 12. Signature of Resolution No. 2003-047, Authorizing the Financing of Local Improvement District Projects in the Amount Not to Exceed $1,420,000. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 13. Before the Board was Consideration of Signature of Resolution No. 2003- 051, Transferring Appropriations within the Sunriver Service District Budget for Fiscal Year 2002-03, and Directing Entries. Susan Ross explained that this technical transfer is necessary because of the way expenses for Sunriver District employees, and fire department and police staff were listed. The transition took a little longer than anticipated. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $1,343.82. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 12 of 15 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $829.50, and $163.15 Construction Fund. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $406,237.64. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 17. Before the Board were Additions to the Agenda. A. Before the Board was Consideration of Authorizing the Deschutes County Privacy Officer to Sign Trading Partner Agreements with the Department of Human Services, which Govern the Registration and Conduct of Electronic Data Interchange (EDI). Mark Amberg, Mike Viegas, and Ray Winger came before the Board. Mike Viegas explained that there are five trading partner agreements that govern the registration and conducting of the electronic data interchange that goes to the State Department of Human Services. He pointed out that Ray Wingert is the lead on the data interchange portion. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 13 of 15 Pages Mark Amberg added that this is being discussed at this time because of the new federal HIPAA regulations. This transmission gets all of the diagnostic codes consistent, and allows for the exchange of data in a confidential manner. The Board is being asked to delegate the signature of these and other HIPAA-related documents to the privacy officer, Mike Viegas. Commissioner DeWolf stated that he wants the Board to be kept informed of the details, especially if this involves specific departments. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. B. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control License Application for Bella Cucina Restaurant, Sunriver. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. C. Before the Board was an Update on the Sale of the Dale Road Property. Tammy Credicott explained that the buyers of this property would like to proceed with investigating whether they can divide the MUA-10 portion of the property instead of waiting. It's their feeling that if they wait, it's possible they will never be able to split the land. They are asking that this be incorporated into the offer now being negotiated. DALY: Move approval of Chair signature to the real estate amendment. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 14, 2003 Page 14 of 15 Pages Being no further items brought before the Board, Chair Luke adjourned the meeting at 11:50 a. m. DATED this 14th Day of May 2003 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Minutes of Board of Commissioners' Meeting Page 15 of 15 Pages Dennis R. Luke, Chair Tom DeWolf, Commissioner Mic , ael . Daly ommissioner Wednesday, May 14, 2003