2003-1091-Minutes for Meeting July 09,2003 Recorded 7/18/2003DESCH
TES COUNTY OFFICIAL
UBLANKENSHIP, COUNTY CLERK DS �J 2003-1091
NANCY
COMMISSIONERS' JOURNAL
111111111 X1111111111 11111111 111 07/18/2003 02:26:20 PM
2003-10-i
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 MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 99 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present was Commissioners Dennis R. Luke; Commissioners Michael M. Daly and
Tom DeWolf were out of the office but participated in the meeting via conference
call. Also present were Mike Maier, County Administrator; Elaine Mikkelborg,
Parole & Probation Department; Scott Johnson, Commission on Children &
Families; Tom Blust and George Kolb, Road Department; Catherine Morrow,
Damian Syrnyk and Kevin Harrison, Community Development Department; Rick
Isham and Laurie Craghead, Legal Counsel; Susan Ross, Commissioners' Office;
media representative Richard Coe of the Bulletin; and five other citizens.
Chair Dennis Luke opened the meeting at 10: 00 a.m.
Commissioner Luke introduced and congratulated citizens Jack and Andrea Blum,
who attend most regular Board meetings, on their thirtieth wedding anniversary.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was the Reading of a Proclamation, Declaring the Week
of July 13 through 19 - Probation, Parole and Community Supervision
Officer's Week in Deschutes County.
Elaine Mikkelborg read the Proclamation. Commissioner Luke spoke for all
Commissioners in thanking the employees of these departments for the
professional work that they do.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 1 of 11 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Chair Signature of Document No.
2003-316, a Partnership Agreement between Deschutes County's
Commission on Children & Families and the Oregon Commission on
Children & Families regarding the Scope of Work for FY 2003-05.
Scott Johnson explained that the parties are the local Commission on Children
and Families and the State Commission on Children and Families, and that the
Association of Oregon Counties is not a party. These are the standard
agreement forms needed at the beginning of the biennium.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Chair Signature of Document No
2003-317, the FY 2003-05 Intergovernmental Agreement between
Deschutes County and Oregon Commission on Children & Families.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of an Acceptance of a
Slope and Utility Easement from Bend -La Pine School District to Allow
Road Improvements to 27th Street at the Entrance of High Desert Middle
School.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 2 of 11 Pages
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Signature of a Deed of Dedication,
and Signatures of the County and City of Bend Accepting the Deeds, to
Allow Road Improvements to 27th Street at the Entrance of High Desert
Middle School.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
7. Before the Board was Consideration of Signature of Resolution No. 2003-
066, Initiating the Vacation of a Portion of "E" Avenue, 18th Street and
"C" Avenue, Terrebonne.
George Kolb said that he has received no objections to this vacation.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
8. Before the Board was Consideration of Signature of Order No. 2003-070,
Approving the County Road Official's Report, and Setting a Public
Hearing for the Vacation of a Portion of "E" Avenue, 18th Street and "C"
Avenue, Terrebonne.
George Kolb stated that the hearing would be set for August 27, 2003.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 3 of 11 Pages
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: , Chair votes yes.
9. Before the Board was a Public Hearing, and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2003-076
and Ordinance No. 2003-077 regarding Code Amendments for
Development in the Newberry Neighborhood of La Pine.
Damian Syrnyk explained that Ordinance No. 2003-076 relates to change to
park dedication requirements; and Ordinance No. 2003-077 would make a
change to Title 18, allowing for a lot width standard of 35 feet for detached,
zero lot line development. These changes are necessary for Pahlisch Homes,
Inc. to develop land in the La Pine neighborhood planning area, and has
prepared a plat for the entirety of neighborhood 2, located north of Bi -Mart and
the proposed Senior Center. One reason they have requested this change is that
they plan to include two elements that are not presently addressed in the Code.
They propose building a neighborhood park that would be privately constructed
and maintained, but would be available for public use. The County Code has
two options for park space development; one is to dedicate land to a park
district, and the other is to pay a fee. There is no provision for someone to
develop a private park that is open to the public.
The other issue relates to zero line residences. This would become part of the
zoning code, creating a standard for this type of development, which would
allow for detached homes on smaller lots instead of attached housing such as
town homes.
Mr. Syrnyk stated that there have been two opportunities for public review and
input in La Pine. One meeting was field in May with stakeholders, and a
neighborhood meeting was hosted by Pahlisch Homes in mid-May. About forty
people have been involved, and there has been no opposition. It is felt that
these changes would benefit the community of La Pine.
At this time, Chair Luke opened the public hearing on both ordinances.
No testimony was offered, so Chair Luke then closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 4 of 11 Pages
DALY: Move first and second readings of Ordinance 2003-076 by title
only, declaring an emergency.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first and second readings of Ordinance No.
2003-076, by title only.
DALY: Move adoption of Ordinance No. 2003-076.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
DALY: Move first and second readings of Ordinance 2003-077 by title
only, declaring an emergency.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
At this time, Chair Luke conducted the first and second readings of Ordinance
No. 2003-077, by title only.
DALY: Move adoption of Ordinance No. 2003-077.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 5 of 11 Pages
10. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2003- 027 (Comprehensive
Plan Change) and Ordinance No. 2003-026 (Zoning Map Change),
Amendments that Would Eliminate the Multi -family Use Limitation within
the Sunriver Commercial District.
At this time, Chair Luke opened the public hearing.
No testimony was offered; Chair Luke closed the public hearing.
DALY: Move first and second readings of Ordinance 2003-027 by title
only, declaring an emergency.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first and second readings of Ordinance No.
2003-027.
DALY: Move adoption of Ordinance No. 2003-027.
LUKE: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
DALY: Move first and second readings of Ordinance 2003-026 by title
only, declaring an emergency.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
At this time, Chair Luke conducted the first and second readings of Ordinance
No. 2003-026.
DALY: Move adoption of Ordinance No. 2003-026.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 6 of 11 Pages
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
11. Before the Board was Consideration of Approval of Document No. 2003-
183, an Improvement Agreement for the Estates at Pronghorn Phase 2, and
Final Plat for Phase 2.
This item was pulled from the agenda as the documents are not yet ready for
review and possible approval. It will be addressed at a later date.
12. Before the Board was Consideration of Signature of an Acceptance of
Transferable Development Credit Deeds for the La Pine New
Neighborhood.
Laurie Craghead explained that these are the deeds related to transfer
development credit that the County has accepted.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
13. Before the Board was a Public Hearing, and Consideration of Signature of
Order No. 2003-066, Approving the Annexation of Tumalo Irrigation
District into Rural Fire Protection District No. 2.
Laurie Craghead stated that all parties are willing and able to proceed, and the
appropriate documents have been received and reviewed.
At this time, Chair Luke opened the public hearing.
Being no testimony offered, Chair Luke then closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 7 of 11 Pages
DALY: Move signature of Order No. 2003-066.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
14. Before the Board was Consideration of Signature of Document No. 2003-
203, An Intergovernmental Agreement between Deschutes County and
Central Oregon Intergovernmental Council for the Provision of Labor
Standards Monitoring on County Construction Projects.
Susan Ross explained that this will allow someone to review all the of the
certified payroll documents. The maximum cost would be $35,000 for all four
remodeling projects; it will not include the Road Department remodel or the La
Pine property at this time.
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
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$259373.98.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 8 of 11 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,019.31.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $300,182.38.
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
18. ADDITIONS TO THE AGENDA
Before the Board was Consideration of Approval of a LLC Formation
Agreement between Deschutes County and Cascade Health Services (St.
Charles Medical Center) regarding the Crisis Resolution Center; and the
Appointment of Two County Representatives to the LLC.
Rick Isham stated that the documents are in the same form as previously
presented to the Board; however, Marty Wynne plans to meet with
representatives of the hospital to clarify some issues.
He indicated that the management agreement for the LLC is essentially ready to
go, but needs the appointment of the two County representatives to be finalized.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 9 of 11 Pages
The Board has previously mentioned appointing Gary Smith, the Director of
Deschutes County's Mental Health Department, and Marty Wynne, Finance
Director, to represent the County in this regard.
DALY: Move approval of the appointment of Gary Smith and Marty
Wynne.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Before the Board was Consideration of Signature of a Letter Reappointing
Monte C. Dahlman to the Board of the Vandevert Acres Special Road
District, through May 31, 2006.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Before the Board was a Discussion regarding Lottery Funds.
Susan Ross said that the State is thinking of using the video poker machines for
the line games, which could mean a dip in revenue. $1.7 million has been
targeted for the Community Solutions Team, and the State may take the funds
out of lottery dollars. The Association of Oregon Counties would like to see
this amount taken out of the Rural Investment Funds instead.
Commissioner Luke observed that either one could be damaging to rural
communities.
Ms. Ross stated that the maximum loss anticipated at this point is the $1.7
million out of a $23 million program. Commissioner Luke added that what the
legislature is doing changes daily, so nothing is certain yet.
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 10 of 11 Pages
Susan Ross said that there has some confusion regarding the Annual Fair
transportation issue. She said a total of $20,000 is needed this year, due to the
addition of two buses that will serve the east side of town. Last year the buses
left from the Mt. Bachelor parking lot. She also stated that Bend Dial a Ride
will be assisting those Fair customers who require special transportation.
She explained that the Fairgrounds is covering $5,000 of the cost,
Commissioner Luke is allocating $6,000 from his lottery dollars, $4,000 will
come from special transportation funds and the overall lottery fund. That leaves
a shortage of $5,000. Dan Despotopulos had anticipated Commissioner Luke
donating $11,000 as he did in 2002.
Commissioner Daly indicated that he has already donated $10,000 of lottery
funds for other aspects of the Fair. Commissioner Luke said that he spoke with
Bob Bryant of the Oregon Department of Transportation, and it is possible that
ODOT has some grant funds available to help.
It was decided that the Board would discuss this issue again during the
following week, so no decisions were made at this time.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 10:40.
DATED this 91h Day of July 2003 for the Desc es County Board of
Commissioners.
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
ATTEST: Mica 1 M. baly,66ssioner
Recording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, July 9, 2003
Page 11 of 11 Pages