2003-1385-Minutes for Meeting November 05,2003 Recorded 11/6/2003COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS w 2003.1385
COMMISSIONERS' JOURNAL 11/06/2003 02;25;40 PM
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2003-138
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, NOVEMBER 5, 2003
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom De Wolf was absent. Also present were Mike Maier, County Administrator;
Jenny Scanlon and Monique McCLeary, Juvenile Community Justice; Sheriff Les
Stiles; Mark Pilliod and Laurie Craghead, Legal Counsel; Cathy Tilton White,
Steve Jorgensen and Paul Blikstad, Community Development Department; media
representative Barney Lerten of bend.com and The Bugle; and three 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 Consideration of Signature of Document No. 2003-
479 and Document No. 2003-480, Services Contracts for Youth Offender
Treatment.
Jenny Scanlon explained that the contract with Jeff Rex is for ongoing counseling
services. The other contract is for polygraph services, and is not yet ready to be
addressed. It will be placed on the Wednesday, November 12 agenda.
DALY: Move approval of Document No. 2003-479.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 1 of 6 Pages
3. Before the Board was Consideration of Chair Signature of Document No.
2003-483, Amendment #1 to Department of Human Services Agreement
#106642 regarding Level 4 Residential Care Services.
Jenny Scanlon said that this agreement is necessary to obtain BRS funding for
WellSpring, and the rate has changed slightly.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
4. Before the Board was Consideration of First and Second Readings and
Approval of Ordinance No. 2003-035 and Ordinance No. 2003-036,
Adopting the Amended Bend Municipal Airport Master Plan.
Cathy Tilton White gave a brief overview of the status of the ordinances. She
also said that she and the Commissioners had received a letter of a letter from
the Oregon Pilot Association, which supports adoption of the ordinances, but
asks that an error be corrected involving the exclusion of a twenty -acre parcel in
the northeast corner of the area.
Steve Jorgensen said that he believes the acreage is owned by the City, but for
some reason when the AD zone was established years ago this parcel was left
out. This could have had something with the basic mapping technology of the
times. In his opinion this is not a minor error, and that the goal is when phase 3
is addressed at a future date, this could be brought into the zone at that time.
Mike Maier asked for clarification as to the ownership, as he believes it might
still be County -owned property. Mike Daly said that that property is a big hole
with a lot of fill needed to be usable in any case.
DALY: Move first and second readings of Ordinance No. 2003-035, by title
only.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 2 of 6 Pages
Chair Luke then conducted the first and second readings of Ordinance No.
2003-035, by title, declaring an emergency, and prescribing an effective date of
January 1, 2004.
DALY: Move approval of Ordinance No. 2003-035.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
DALY: Move first and second readings of Ordinance No. 2003-036, by title
only.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Chair Luke then conducted the first and second readings of Ordinance No.
2003-036, by title, declaring an emergency, and prescribing an effective date of
January 1, 2004.
DALY: Move approval of Ordinance No. 2003-036.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
5. Before the Board was Consideration of Signature of Document No. 2003-
486, a "Pocket" Easement to Central Electric Cooperative to
Accommodate a Power Pole Guy Anchor.
Tammy Credicott said that the Commissioners approved several pocket
easements earlier, but one other anchor is needed. She added that this also puts
power to the property line, and they will pay $275 for County staff time.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 3 of 6 Pages
6. Before the Board was Consideration of Signature of Document No. 2003-
487, a License Extension with Redmond High Desert Archers regarding the
Use of County -owned Property.
The license expired June 30, 2003; the group has been working with the
Assessor regarding a tax issue, and would like to extend the license.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$541.23.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $7,638.96.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 4 of 6 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $719,948.96.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
10. ADDITION TO THE AGENDA
Before the Board was a Discussion regarding J -Bar -J.
Commissioner Daly brought up the letter recently received from an attorney
representing J -Bar -J, claiming the County's use of the acronym BARJ is a
violation of J -Bar -J's trademark.
Mark Pilliod explained that a law firm in Oregon City sent the letter to advise
that the County's use of the acronym BARD violates the trademark of J -Bar -J,
and they threaten to file a lawsuit for trademark infringement.
He said then when considering this issue, the letter identifies distinctions
between the methods used by J -Bar -J from the methods used at Juvenile
Community Justice. In regard to a response, he considered whether it is prudent
to consult with specialized legal counsel who deal with trademarks, and
concluded it makes more sense to explain there are distinct differences in how
the trademark is put together. The acronym BARJ is used internationally and
nationally in regard to balance in restorative justice. The County's use is
consistent with its use by other juvenile justice organizations and facilities, and
it may actually predate J -Bar -J's use of its name.
Commissioner Daly stated that this came up a couple of years ago as well. He
said that he is disturbed by J -Bar -J's use of donations and public funds for such
a frivolous matter; it's a waste of County money as well. He suggested that
before the County spends money on hiring special legal counsel that a letter,
possibly to be signed by the County Administrator, be sent to J -Bar -J's Board
of Directors to make sure they support what their Executive Director is doing in
this regard.
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 5 of 6 Pages
Commissioner Luke recommended that prior to sending a letter to the Directors,
that Commissioner Daly contact the Executive Director to discuss this issue and
to let her know that a letter would be sent to the Directors. Commissioner Daly
agreed to do so.
Being no further items brought before the Board, Chair Luke closed the meeting
at 10:35 a.m.
DATED this 5th Day of November 2003 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
ennis R. Luke, Chair
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Meeting Wednesday, November 5, 2003
Page 6 of 6 Pages