2003-1049-Minutes for Meeting June 30,2003 Recorded 7/8/2003COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,FCOUNTY CLERKS CJ 2003.1049
COMMISSIONERS' JOURNAL 0710812003 04;06;55 PM
IIIIIIIII IIIIIIIIIIIII III IIII I III
2003-1049
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, JUNE 309 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Tom De Wolf,• Commissioner
Michael M. Daly was out of the office. Also present were Mike Maier, County
Administrator; Tom Blust and Gary Judd, Road Department; Susan Ross and Ted
Schassberger, Commissioners' Office; Becky Jackson, Parole and Probation
Department; Timm Schimke, Solid Waste Department; and Rick Isham and Laurie
Craghead, Legal Counsel.
Also in attendance were Jenny Scanlon, Juvenile Community Justice; Greg
Canfield, Mental Health Department; Jeanie Young, Health Department; Judy
Sumners, Risk Management; Tom Anderson, Kevin Harrison and Jon Skidmore,
Community Development Department; media representatives Chris Barker of the
Bulletin, Jeff Mullins of KBND Radio; and Barney Lerten of bend com and The
Bugle; and approximately a dozen 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 Presentation of the "Protect Deschutes County
Children" Project (regarding restricting youth's access to tobacco
products) — Marie Hudson and Stephanie Stroup„ Tobacco free Alliance of
Oregon; Pat Roberts, Teacher; and Students from Pilot Butte Middle School.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 1 of 7 Pages
Students Alicia Croak, Britney Williamson and Ken Brooks presented the
results of the survey that they and other students worked on over the past school
year. (A copy of their presentation material is attached as Exhibit A.)
3. Before the Board was Consideration of Signature of Order No. 2003-079,
Approving the Bend Metro Park & Recreation District Annexation Plan
and Legal Description.
Laurie Craghead said that the County must approve this Plan, per State statute.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of Resolution No. 2003-
084, Adopting the Community Justice Biennial Plan for July 1, 2003
through June 30, 2005.
Becky Jackson said that the Department of Corrections requires the preparation
and submission of this Plan; and they will not disburse funding without it. A
draft of the document was previously approved by LPSCC (Local Public Safety
Coordinating Council).
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2003-151,
a Services Contract between Deschutes County and Habitat for Humanity
regarding a Restorative service/Accountability Program for At -Risk Youth.
DEWOLF: Move signature.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 2 of 7 Pages
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Signature of Document No. 2003-
152, a Services Contract between Deschutes County and the Boys & Girls
Clubs of Central Oregon regarding Community Tracking Services for
Participating Youth Offenders.
Jenny Scanlon explained that the per day cost is the same, and this contract
covers 3,060 annual bed days. They will have to go down to eight beds; but
there is a long waiting list.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
7. Before the Board was Consideration of Signature of Document No. 2003-
150, a Services Agreement between Deschutes County and Maple Star
Oregon regarding the Provision of Family Care Services.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
8. Before the Board was Consideration of Approval of Subcontracts between
Deschutes County and Various Providers of Services, through the
Deschutes County Mental Health Department.
Rick Isham handed out spreadsheet to the Board and explained what contracts
are renewing, and what is originated by the County. They are basically the same
as two years ago, but there have been additions to the Financial Assistance
Agreement. There are at least a dozen contracts; they should be approved today,
as no backdating is allowed by the State.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 3 of 7 Pages
DEWOLF: Move signature of subcontracts under the Financial Assistance
Agreement, subject to legal review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
9. Before the Board was Consideration of Approval of Document No. 2003-
184, a Clinical Affiliation Agreement between Deschutes County and
Central Oregon Community College regarding Participation in the Allied
Health Education Program.
Jeanie Young gave an overview; she added that no money changes hands.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
10. Before the Board was Consideration of Approval of Document No. 2003-
185, a Clinical Affiliation Agreement between Deschutes County and
Central Oregon Community College regarding Participation in the COCC
Nursing Program.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Chair Signature
of an Intent to Award Contract Letter for the Widening of 27th Street at
the Knott Landfill Expansion.
Gary Judd said that this project is to be paid out of road funds and Knott
Landfill funds. It will take out part of the hill in front of the middle school,
making it safer to turn into the school property.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 4 of 7 Pages
Timm Schimke said that the Solid Waste portion is all inside the County; Gary
Judd negotiated with the City of Bend regarding the balance, some of which is a
City street.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Chair Signature
of an Intent to Award Contract Letter for the Construction of Roads
within the Lazy River Drive Local Improvement District.
Commissioner DeWolf noted that the bids are very close. Gary Judd said that
tight design specifications were used; also, the cost of asphalt has dropped
recently.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
13. Before the Board was Consideration of Signature of Document No. 2003-
187, an Indemnity Agreement for the Annual Cascade Cycling Classic.
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
14. Before the Board was Consideration of Signature of Document No. 2003-
172 and Document No. 2003-173, Lease Agreements between Deschutes
County and Xerox for Equipment.
Tom Anderson said these are new leases with Xerox for Community
Development Department locations. They are trading in an older unit that the
department owns, and are getting a better machine through a lease.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 5 of 7 Pages
DEWOLF: Move signature.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes yes.
15. 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.
Kevin Harrison stated that this document is associated with the final plat
agreement of Pronghorn, Phase 2. He is awaiting some of the paperwork, which
Legal will still need to review.
This item will be addressed at the Wednesday, June 2 Board meeting.
16. Before the Board was a Discussion of a Public Hearing on a Proposed
Zoning Ordinance Text Amendment, to Eliminate the Multi -family Use
Limitation within the Sunriver Commercial District.
Jon Skidmore said that this action would remove the multi -family use limitation
in the Sunriver commercial district. This proposal just affects one lot, and is a
unique case. It is nine acres between the Mall and the community church. The
option buyer is concerned about the multi -family use limitation, which would
allow only a portion to be developed.
He added that the Planning Commission and staff recommend approval. There
has been no opposition; and the Sunriver Homeowners' Association has only
asked for its regular design and approval process. Staff recommends adoption
by emergency on Wednesday.
This item will be addressed on Wednesday, July 2.
17. Before the Board were Additions to the Agenda.
None were offered.
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 6 of 7 Pages
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 10:45.
DATED this 30th Day of June 2003 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
De nis R. Luke, Chair
To Delolf, Comm' inner
Michael M. Daly, Commissioner
Attachment
Exhibit A: Presentation Documents on the "Protect Deschutes County Children"
Project (regarding restricting youth's access to tobacco products)
Minutes of Board of Commissioners' Work Session Monday, June 30, 2003
Page 7 of 7 Pages
We, the students from Pilot Butte Middle -School Natural
Helpers group, with the help of the Deschutes County Prevention
Office, conducted a yearlong project to determine where stores
keep their tobacco products and where they place advertisements.
We conducted a survey in 72 stores in Bend, LaPine, Sisters and
Redmond. Students from Hugh Hartman Middle School conducted
the Redmond store surveys.
We began this project after learning that most grocery stores
without vendor -assisted sales report that cigarettes are the item
most often shoplifted. In one study it was reported that almost half
of all teenage smokers have admitted to stealing cigarettes.
Another study reported that 10% of teenagers questioned admitted
that shoplifting was their main method of obtaining cigarettes.
After looking at our survey results and researching state and
nationwide statistics on the accessibility of tobacco products to
teens, we decided to present our findings to local governments in
the hope of creating an ordinance to limit the access of tobacco
products to teens in Deschutes County. 20 kids start smoking
every day in Oregon. Current statistics state that: 13% of 8th
graders and 28% of 11th graders in our county smoke.
As of 6/26/03 we have presented our findings to 9 groups and
health organizations and have received immediate endorsement
from every group we have spoken to concerning our plans to
present an ordinance. We have received a total of 30 endorsements
form groups and individuals who have heard about or project and
support what we are doing.
Our project goal is to present an ordinance to area city
councils and the Deschutes County Commission that would require
vendor- assisted sales in order to limit tobacco access to teens.
Vendor -assisted means that the customers don't touch the tobacco
Exhibit
Page _� of
until the cashier hands it to them from behind a counter or from a
locked case after it has been purchased by the customer.
Our survey determined whether retail outlet was a (A) gas
station only, (B)gas station & convenience store, (C) convenience
store with no gas, (D) small market, (E) supermarket of grocery
store, or (F) department of variety store.
Our survey asked if tobacco products are kept locked up or
behind the counter with only clerk -assisted sales.
Our survey also looked at the location of tobacco logos and
their proximity to children's products, as well as whether or not the
retail outlet sold tobacco look-alike products.
Another survey question looked at tobacco advertisement
placed below 36 inches from the floor and if tobacco advertisement
was placed outside the retail outlet.
Our survey results are as follows:
31 stores we surveyed were gas station/convenience stores.
11 were convenience stores with no gas. 10 were small markets. 14
were super market/grocery stores.I store was a
drugstore/pharmacy. 5 were department/variety stores.
50 stores of the 72 surveyed kept their tobacco products
locked up or behind the counter. 6 kept some products locked up
and/or some products behind counters. 16 did not keep their
tobacco products locked up or behind counters. 31% of the stores
that were surveyed were allowing uncontrolled access to their
tobacco or tobacco products.
57 stores did not place tobacco logos on or near children's
products, yet 15 stores placed logos near children's products.
Exhibit 14
Page 2- of g
27 stores did not sell tobacco look-alike products but 45
stores did sell tobacco look-alike candy or gum.
44 out of 72 stores places tobacco ads below 36" from the
floor.
34 out of 72 stores placed tobacco advertisements outside
their stores.
Probably the most important finding from our efforts was
that 31% of the stores surveyed in Deschutes County had some
tobacco products that were not locked up or safely behind
counters. It is because of this finding that we are asking you to
consider our request to require vendor -assisted sales of tobacco
products in Deschutes County in order to limit the access of
tobacco and tobacco products to teens. It is time for the
communities of Deschutes County to join with 18 other
communities in Oregon that require vendor -assisted sales of
tobacco and tobacco products.
Thank -you for your time and consideration.
Pilot Butte Middle School Natural Helpers Group
X�164,4—
Exhibit A
Page <3 of �_
Important Facts
• National statistics show that almost half of all teenage smokers
have admitted to stealing cigarettes
° 10% of teenagers questioned admitted that shoplifting was their
main method of obtaining cigarettes
• 31% of stores surveyed in Deschutes County didn't keep tobacco
or tobacco products locked up or behind counters with vendor -
assisted sales
° 63% of stores surveyed in Deschutes County sold tobacco look-
alike products
• Tobacco use is the #1 cause of preventable deaths in Oregon
Cigarettes are the #1 most shoplifted item in non vendor -assisted
retail stores
Everyday In Oregon 20 kids start smoking
° Current statistics state that: 28% of 8' graders smoke in
Deschutes County and 28% of I Vh graders smoke in Deschutes
County.
Exhibit
Page — - of
TOBACCO ACCESS PROJECT ENDORSEMENTS
as of 6-27-03
5-13-03 Pilot Butte Middle School Site Council, Phil Davis
5-15-03 Gotta Dancel, Michelle Mejaski
5-29-03 Pilot Butte Middle School Student Leadership, Angie Colburn
5-29-03 Northwest Rafters Association- Bend Chapter, Mary Fleischmann
5-30-03 Bend Outriggers, Stephanie Stroup
6-04-03 Prevention Partners, Judy A. Scales
6-06-03 Cascade Youth & Family Center
6-09-03 Deschutes County Juvenile Community Justice, Jenny Scanlon, Director
6-10-03 Sisters Community Assets Coalition, Tom Coffield
6-10-03 Sisters Organization for Activities & Recreation (SOAR), Tom Coffield
6-10-03 Pilot Butte Middle School PTSA, Theresa L. Langley, President
6-11-03 LaPine Community Action Team, Toby Wilson
6-12-03 Pilot Butte Middle School Staff, Craig Harlow, VP
6-12-03 Bend/LaPine Schools- Family Access Network, Donna Pearson
6-12-03 Bend/LaPine Schools - School Nurses, Laura Brown, RN MSN
6-12-03 Bend/LaPine Schools - Instructional Services, Sandra Kilander
6-12-03 Bend/LaPine Schools - Special Ed. Department, Diane Hensley
6-12-03 Deschutes County Health Department, Hillary Saraceno, PH Program
Manager
6-12-03 St. Charles Medical Center- Health & Learning, Brenda Johnson
6-12-03 Redmond Prevention Team, Candy Wood
6-16-03 Bend/LaPine Schools - Office of the Superintendent, Doug Nelson
6-16-03 Millennium Cafe, Juice Bar & More, Barry & Beth Sargent
6-19-03 Commission on Children & Families, Gene Whisnant
6-19-03 Amy F. Trenz
6-19-03 Kay Bernard
6-19-03 TBD Advertising, Rene Bristow
6-19-03 Kids Center, Bob Smit, Executive Director
6-27-03 Lonnie Frank
6-27-03 La Pine Special Sewer District, Sherry Evertson
6-27-03 CALDERA, Jen Reymond, Youth Programs Coordinator
Exhibit
Page of
PILOT BUTTE MIDDLE SCHOOL TOBACCO ACCESS PROJECT
SURVEY RESULTS PRESENTATIONS
4-24-03 Tobacco Free Aliance- Deschutes County
5-13-03 PBMS Staff
5-14-03 PBMS Site Council
5-29-03 PBMS Leadership Group
6-10-03 Sisters Community Assets Coalition
6-10-03 PBMS PTSA Board
6-11-03 LaPine Prevention Team
6-12-03 Redmond Prevention Team
6-19-03 Commission on Children & Families
Exhibit A
Page 6 of �_
ORDINANCE NO.
AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF
TOBACCO AND TOBACCO PRODUCTS
Whereas; Tobacco use is the leading preventable cause of death in Oregon; and
Whereas; Each day in Oregon, the equivalent of a classroom full of children begins smoking. In
Deschutes County 13% of 8m graders, and 28% of I Vh graders smoke; and
Whereas; 31% of retail outlets surveyed in Deschutes County have self-service tobacco
displays where customers, including young people, have access to cigarettes, spit tobacco, and
cigars without the assistance of a store employee; and
Whereas; Cigarettes are the item most frequently taken by shoplifters in retail stores without
vendor -assisted sales.
NOW, THEREFORE, THE COUNTY OF DESCHUTES ORDAINS AS
FOLLOWS:
Section 1: Defmitions.
Minor - Any person under eighteen years of age.
Tobacco product - Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco,
chewing tobacco, or any other form of tobacco which may be utilized for smoking,
chewing, inhalation, or other means of ingestion.
Tobacco Retail Store - a retail store utilized primarily for the sale of tobacco products
and accessories and in which the sale of other products is merely incidental.
Vendor -assisted - Only a store employee has access to the tobacco product and assists
the customer by supplying the tobacco product; the customer does not take
possession of the tobacco product until after it is purchased.
Section 2: Vendor -assisted sales. Except as provided in Section 3, no person, business, or
tobacco retailer may sell, permit to be sold, or offer for sale any tobacco product by means other
than Vendor -Assisted Sales.
Section 3: Scope of Ordinance: This ordinance shall not apply to Tobacco Vending Machines
regulated by Oregon State Law, Tobacco Retail Stores, or to any business, retailer or
establishment which is licensed by the Oregon Liquor Control Commission for a dispensing
license and required to be posted preventing any minors from access to the premises.
Exhibit A
Page 7 of
Section 4: Non -retaliation. No person or employer may discharge, refuse to hire or in any
manner retaliate against any employee, applicant for employment, or customer because such
employee, applicant, or customer reports or attempts to prosecute any violation of this chapter.
Section 5: Penalties.
A. Violation of this Ordinance shall be punishable by a fine not to exceed Two
Hundred and Fifty Dollars.
B. Every full business day during which a business activity continues to be
conducted in violation of this Ordinance shall be considered a separate offense.
C. Offenses under this Section shall be tried in the Municipal Court as a violation and
not as a crime. As a violation there is no right to jury trial or court-appointed
counsel.
Section 6: Effective Date. This Ordinance is effective on and after
PASSED by the County Commission and approved by
APPROVED:
ATTEST:
County Recorder
APPROVED AS TO FORM:
Exhibit_
—A—
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