2003-1499-Minutes for Meeting December 29,2003 Recorded 12/30/2003DESCHUTES COUNTY OFFICIAL RECORDS r}
NANCY BLANKENSHIP, COUNTY CLERK IBJ Z003�1499
COMMISSIONERS' JOURNAL lZ/30/Z003 04;36;08 PM
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2003-1400
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
MONDAY, DECEMBER 299 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly;
Commissioner Tom DeWolf was out of the office. Also present were Mike
Maier, County Administrator; Anna Johnson, Commissioners' Office; Jenny
Scanlon, Juvenile Community Justice; Gary Judd and Roger Olson, Road
Department; Mark Pilliod, Legal Counsel; media representative Chris Barker
of the Bulletin; and one other citizen.
Chair Luke opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
A. Larry Wogman of LNK Ranches to Speak about Fencing Issues
regarding the West Butte/Millican Road Improvement Project
Mr. Wogman stated that he owns a ranch based out of the Powell
Butte/Alfalfa area, and between 50-75% of his cattle are run on a Bureau
of Land Management permit. His is a cow/calf operation that has utilized
the lands around Millican and West Butte Road most of the year for about
twenty years.
He said that when discussions began regarding the road improvement
proposal about two years ago, he gave input to the BLM about the
necessity to fence both sides of the improved road for public safety
reasons. He also spoke with representatives of Crook County, whose last
proposal was for about $75,000 toward fencing the property on both sides
of the road within Crook County.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 1 of 7 Pages
Since the road will go from a seldom -used dirt road to a paved highway
with a speed limit of 55 miles per hour, a cow/vehicle accident could cause
injury or death, and could possibly necessitate environmental cleanup.
There could be as many as 1,000 animals in the area, and most are black.
It is expected that there could be many residents of Deschutes County
using the road as a way to get to Prineville and Redmond.
Painted cattle guards are being considered, but the animals often cross the
painted areas to get to feed or water, especially in late fall or winter months
when there could be snow obscuring the lines.
Open range signs can be posted, but won't bring someone back if they are
killed in an accident. It will be especially hard to see the animals at night.
About fourteen miles of fencing would be necessary, because the portion
of the road within Deschutes County is seven miles. The Department of
Agriculture says that fencing costs about $1 per foot. Mr. Wogman added
that he could probably get the fencing installed for about $3,500 per miles
of fence. He expects to receive a couple of bids this week. He said that he
would be responsible for maintaining the fencing, as he already maintains
the BLM water line that goes through the property.
Mr. Wogman stated that three families work at his ranch, and that they do
not have funds available for fencing at this time.
At this point, the Commissioners, Mike Maier, Roger Olson of the Road
Department and Mr. Wogman discussed the possibility of utilizing Taylor
Grant funds. Mr. Maier explained that Taylor funds are typically used on a
matching basis. They also discussed potential liability issues.
Mr. Wogman advised that the total cost might be around $55,000 including
corner braces. He again expressed his concern regarding the public safety
aspects, regardless of the liability.
Commissioner Luke stated that he is concerned about setting precedence,
since there is a lot of open range in Deschutes County that might not be
fenced at all. He said that once Commissioner DeWolf is back in town, the
Commissioners will discuss this with Legal Counsel.
Roger Olson stated that he will talk with the Road master of Crook County
on how they are addressing the situation on their portion of the road, and
will let the Board know more about the cattle guard situation.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 2 of 7 Pages
B. Other Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Document No. 2003-
526, a Lease Agreement between Deschutes County and Sage -Com
regarding County -owned Property off 9t" & Antler, Redmond.
Mark Pilliod stated there was a minor issue regarding when the lease should
begin, so it was adjusted to allow for cleanup to be done prior to occupancy.
Sage -Com will notify the County when they are satisfied it is cleaned up, at
which time rent will be prorated accordingly.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2003-
548, a Services Agreement between Deschutes County and Brad Mulvihill,
Project Coordinator for a Federally -funded Grant for Sex Offender
Counseling.
Jenny Scanlon said this is a federally funded grant through the Department of
Justice. Mr. Mulvihill was the top choice of the interview committee because
of his experience, which includes working with Crook and Jefferson counties.
Eight people submitted a bid, and four were interviewed.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2003-
546, an Addendum to an Intergovernmental Agreement between Deschutes
County and Oregon State University Extension Service regarding Project
Wildfire.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 3 of 7 Pages
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of Resolution No. 2003-
136, Initiating the Vacation of a Portion of J.C. Thorp Road and a Portion
of Dayton Road.
Gary Judd explained that this is an unused 1909 right of way that is just pasture
at this time.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Signature of Order No. 2003-120,
Vacating a Portion of J. C. Thorp Road and a Portion of Dayton Road.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
7. Before the Board was Consideration of Signature of Order No. 2003-129,
Accepting the Engineer's Report and Setting a Hearing on the Final
Assessment for Lazy River Drive Local Improvement District.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 4 of 7 Pages
8. Before the Board was Consideration of Signature of Document No. 2003-
544, an Intergovernmental Agreement between Deschutes County, the
Oregon Department of Transportation and the City of Bend regarding
Funding of Improvements to the Nelson Road/Powell Butte Highway
Intersection.
Gary Judd said this relates to a condition of the Lancair land use issue, and does
not change the County's obligations.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
9. Before the Board was Consideration of Signature of a Letter Reappointing
Robert Marheine to the Deschutes County Weed Board, through
December 31, 2006.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
10. Before the Board was Consideration of Signature of a Letter Appointing
Ross Chrz to the Deschutes County Weed Board, through December 31,
2006.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
11. Before the Board was Consideration of Signature of a Letter Appointing
Jack Wilson to the River Bend Estates Special Road District, through
December 31, 2006.
DALY: Move signature.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 5 of 7 Pages
VOTE: DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District, in the Amount of
$13,240.52 (two weeks).
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District, in the
Amount of $9,180.34 (two weeks).
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County, in the Amount of $2,503,390.39
(two weeks).
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 6 of 7 Pages
15. ADDITIONS TO THE AGENDA
None were offered.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 10:50 a.m.
DATED this 29th Day of December 2003 for the Deschutes County
Board of Commissioners.
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
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ATTEST: Mic ael M. Daly, CA missioner
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Recording Secretary
Minutes of Board of Commissioners' Meeting Monday, December 29, 2003
Page 7 of 7 Pages