2004-65-Minutes for Meeting January 12,2004 Recorded 1/21/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 2004'65
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/2112004 04;57;10 PM
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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, JANUARY 129 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf.
Also present were Mike Maier, County Administrator; Scott Johnson, Commission
on Children & Families; Jenny Scanlon, Juvenile Community Justice; George Read,
Doreen Blome', Catherine Morrow, and Damian Syrnyk, Community Development
Department; Tom Blust, Gary Judd and Dan Sherwin, Road Department, Mike
Viegas, Risk Management; Debbie Legg, Personnel; Mark Amberg and Laurie
Craghead, Legal Counsel; Susan Ross and Anna Johnson, Commissioners' Office;
media representative Chris Barker of the Bulletin; and four other citizens.
Chair Mike Daly opened the meeting at 10: 04 a.m.
1. Before the Board was Citizen Input.
None were offered from the public.
DEWOLF:
Last week was a fairly testy week, and hopefully this week won't be quite as
testy. One thing that I would like to point out is that one of the accusations that
flew was "if I could just get one more vote, things would run a lot better around
here".
From some recent information that our secretary gave us is that out of 1,201
votes that were taken by this Board last year, Commissioner Daly got his way
every time except once, and once he abstained. I lost three times, and Dennis
lost eight times. So, for the record, Commissioner Daly gets his way more than
anybody else does around here.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 1 of 14 Pages
LUKE:
Last week there were some things posted on bend.com by my colleagues, and I
want to say for the record that for the most part I agreed with Tom. And if I
had some more time to look at it, I might even have signed it.
As do our attorneys, accountant and other staff, I use the agent of record as a
sounding board. I trust him to" give us his best advice based on his experience,
and we are free to accept, modify or reject that advice. I remember working
with the agent of record when the particular property in Redmond back when
Duke Energy wanted to buy it to put in a power plant. We may have dealt with
him before that on that property, but that's the one I remember clearly. We took
it off the market so we could take some time to evaluate the property and see
what the best use might be.
Property Management in the meantime got very busy and started working on
the property for the County/State building and other property purchases, the
selling of Brosterhous Road property, La Pine property, worked with the radio
station on a lease and were doing quite a few other things. So we didn't get to
that as quickly as we might have.
In the meantime, the shovel -ready proposal came forward from the Governor,
and we met with both Bend and Redmond on possible sites for those shovel -
ready sites. We discussed with Redmond the option of keeping that property
available, and to work with them to open up the land for business. We directed
our agent of record to work with the Redmond agent of record on evaluations
and possible uses of the 123 acres, and we had an appraisal done. So we've
been working on this for quite a while.
Suddenly things started to change and offers came in. Redmond wanted to
move up the timeline to accommodate one business, and additionally Todd
Taylor and a group came forward with another proposal. I was really not ready
to sell to any private individuals until we had completed our research and had
done our own analysis. I'm very happy that it looks like we might be working
out a deal with Redmond, but I don't think I would have voted to sell to
individuals if we hadn't completed our process.
We asked Steve Scott to work on this property on several occasions. Yes, we
should have asked Steve to keep track of his time and charge us for that time.
But we, the County, must also take some responsibility for that not happening.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 2 of 14 Pages
Mike Maier, Susan Ross and Tammy Credicott should have been keeping
records about when they contacted him, what they wanted him to do, and the
estimated time for the use of his expertise. We did not do that.
The Commissioners should have been doing the same thing, such as when we
were discussing Duke Energy and the various uses that we talked about with
Steve on the Brosterhous property - whether to divide it, how to divide it - and
how to divide up and sell the Dale Road property and other properties. But we
did not do that. Many of us have dropped the ball and took advantage of a
contractor who did not always charge us for his services. I think there is
enough blame to go around.
There also was a suggestion on bend.com that the Audit Committee look into
our agent of record's commission and his work. From my standpoint, the Audit
Committee is a management tool. It is not designed, nor is it intended, to be a
political tool. That is the main reason it is not under the control of elected
officials. So, from my point of view, I wouldn't go there.
When politics becomes involved in an Audit Committee and with the Internal
Auditor, I believe it loses its credibility and its usefulness. This has been
demonstrated in many jurisdictions in this state and others where there are
elected auditors. Our own Secretary of State Phil Keesling, when he did a
gasoline audit, even members of his own party heavily criticized him for the use
of politics and using it for political means instead of what the Secretary of State
is supposed to do. To his credit, I did not see him do that again.
I would not support asking the Audit Committee to look in this particular area.
Thank you.
DALY:
What I was going to say, before these guys spoke up, is that I wanted to
apologize to anybody who I may have offended last week. I am the type of
person who is really kind of blunt, and when I have a deep passion about
something I really go forward and try as hard as I can to convince people that
I'm right. In the process I sometimes offend some folks. But you always know
where you stand with me, and I don't apologize for that.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 3 of 14 Pages
As far as the issues, I still believe in what I said. But hopefully maybe we can
resolve some contract issues. Like Dennis pointed out, we didn't follow the
contract. I think if we had followed it to the letter, I wouldn't be objecting to
what went on. I will say this; I am going to meet with Steve Scott in the near
future to sit down and try to resolve this, so he'll know where I'm coming from.
We're going to get this worked out.
As far as the Audit Committee, I agree with Dennis since I took a look at the
makeup of the committee. It's not the proper venue to do this kind of thing. I
think we can work all this out amongst ourselves. If anyone was offended, I
apologize right now, and we'll go on. We disagree all the time; and sometimes
we disagree quite loudly. Hopefully we are professional enough to go on to the
next issue. Thank you.
DEWOLF:
And, since we're on this subject, I want to say that I would disagree, from my
perspective, that there is fault for not keeping track of Steve's hours. We've
never asked him to do that on any piece of property; that's not the way real
estate works. The way that we've worked on property after property is that
Steve works it up and gets it prepared for sale, and then we sign a contract. If it
sells, he gets paid; and if it doesn't, he doesn't get paid.
And he's never kept track of hours on anything like that unless we have
specifically said on a particular project that we'd pay him the hourly amount. I
wouldn't agree that there is blame to go around.. That would indicate that we
did something wrong here, and I completely disagree with that. I think we've
handled this consistent with the contract and consistent with past practices at
the County. So I'm perfectly comfortable with the way things have gone.
LUKE:
Past practices do constitute a contract. If that's the way you are operating, I
agree that's it.
2. Before the Board was a Discussion of the Acknowledgment of the Role
Played by Debbie Fields, Roxanna Ermisch and Kate Moore of the
Deschutes County Health Department in Helping a Local Child Receive a
Liver Transplant.
This item will be addressed at the Wednesday, January 14 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 4 of 14 Pages
3. Before the Board was a Discussion of the Acknowledgment of the Donation
of a Used Snowcat from the Watermaster's Department to Deschutes
County Search and Rescue.
This item will be addressed at the Wednesday, January 14 Board meeting.
4. Before the Board was a Discussion of a Proclamation Acknowledging
January 22, 2004 "RL Garrigus Day" in Deschutes County.
This item will be addressed at the Wednesday, January 14 Board meeting.
5. Before the Board was a Discussion and Consideration of Approval of the
Commission on Children & Families' Recommendation to Contract with
the Central Oregon Family Resource Center for the Safe Havens
Supervised Visitation Project.
Scott Johnson explained that there is now a contract with the Department of
Justice for supervised visitation. This makes it possible for custodial and non-
custodial parents to arrive at a good arrangement regarding visitation with their
children. This is a two-year planning grant, and the intent is to subcontract with
the Central Oregon Family Resource Center. The hope is to pursue operating
funds in two years.
DEWOLF: Move approval, subject to legal review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Kay Bernard, Ted Jones, Connie Schwing, Rene'
Bristow and Gene Whisnant to the Deschutes County Commission on
Children & Families Advisory Board.
Scott Johnson stated that the by-laws are being modified to go to two-year
terms. The terms are for four years now, but it is difficult for volunteers to
commit to four-year terms.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 5 of 14 Pages
DE WOLF : Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-015, a Services Contract between Deschutes County
and Lorin Weilacher for Certified Polygraph Examiner Services.
This item will be addressed at the Wednesday, January 14 Board meeting.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-016, a Services Contract between Deschutes County
and Ronald Dowd, for the Administration of a Federally -funded Sex
Offender Grant in the Tri -County Area.
This item will be addressed at the Wednesday, January 14 Board meeting.
9. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-017, a Space Use Agreement between Deschutes
County and Kemple Children's Dental Clinic for Services Provided to
Youth in Detention.
This item will be addressed at the Wednesday, January 14 Board meeting.
10. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-001, Initiating Proceedings for the Bull Bat Lane
Local Improvement District (between La Pine and Sunriver).
Gary Judd gave an overview of the issue. Sixty percent of the owners signed
the petition, and there have been no objections.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 6 of 14 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-002, Initiating Proceedings for the McSwain Drive
Local Improvement District (between Redmond and Sisters).
Gary Judd said that there are sixteen lots, and the cost will be about $9,000 per
lot to improve the road; 25% of the owners signed the petition for filing
purposes. He added has been meeting with them for three'years on this.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Approval of the
Annual Deschutes County Noxious Weed List for 2004.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Signature of a
Letter of Support for the Deschutes Resource Conservancy EPA
Watershed Initiative Grant Application.
Catherine Morrow introduced Bruce Aylward, the interim director of the
Deschutes Resources Conservancy. Commissioner Luke asked why the County
would want to participate in watershed work when there is already a watershed
council in the County.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 7 of 14 Pages
Mr. Aylward said that this is a joint proposal, and is being submitted on behalf
of the Tribes. Both proposals are below the maximum ceiling amount.
Commissioner Luke indicated that he would like to research it more before
deciding.
This item will be addressed at the Wednesday, January 14 Board meeting.
14. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-002, Accepting a Petition to Annex Territory into the
Deschutes River Recreation Homesites Unit 6, Parts I & II, No Shooting
District, and Setting a Hearing Date.
Doreen Blome' explained that this sets the hearing date. (She then referred to
oversized map). She added that almost all of the area is in a no shooting district
now.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion and Consideration of First Reading of
Ordinance No. 2004-002, Amending Deschutes County Zoning Ordinance
Regulations for Home Business Occupations.
Damian Syrnyk gave a brief overview of the ordinance. All of the
Commissioners agreed that it is a living document, and various aspects can be
reconsidered in the future if necessary.
This item will be addressed at the Wednesday, January 14 Board meeting.
16. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-018, an Intergovernmental Agreement between
Deschutes County and Marion County regarding Prisoner Transportation.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 8 of 14 Pages
Mike Viegas provided an overview of the agreement. He said that this
exchange has been going on for years, and this document formalizes it.
LUKE: Move approval, subject to legal review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-001, Designating Certain County Property as a County
Park (adjacent to the Courthouse Building).
Susan Ross said the main entrance to the courthouse would be eliminated once
the remodeling project of the courthouse and justice building is complete.
Placing a park in front of the courthouse will serve to block attempts to enter the
building at that point, and county park funds can be used to develop that area into
a public park with a memorial to honor veterans and public safety employees.
LUKE: Move approval, subject to legal review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-020, a Union Agreement between Deschutes County
and AFSCME Local 3997, through June 30,2006; and Document No. 2004-
019, a Memorandum of Understanding regarding the Temporary
Suspension of Monthly Employee Health Insurance Premium Contributions.
Debbie Legg and Mark Amberg gave an overview of the agreement and the
Memorandum of Understanding.
LUKE: Move approval of Document No. 2004-020.
DEWOLF: Second.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 9 of 14 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
LUKE: Move approval of Document No. 2004-019.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
19. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-003, Transferring Cash Among Various Funds as
Budgeted in the Deschutes County Budget for Fiscal Year 2004-04, and
Directing Entries.
This item was placed on the consent agenda for Wednesday, January 14, 2004.
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-003, Adjusting the Cash Change Fund in the Clerk's
Office in Order to Conduct Daily Transactions.
This item was placed on the consent agenda for Wednesday, January 14, 2004.
21. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-004, Transferring Appropriations within the
Deschutes County Juvenile Community Justice Fund.
This item was placed on the consent agenda for Wednesday, January 14, 2004.
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-005, Transferring Appropriations within the
Deschutes County Solid Waste Fund.
This item was placed on the consent agenda for Wednesday, January 14, 2004.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 10 of 14 Pages
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-006, Transferring Appropriations within the
Deschutes County GIS Dedicated Fund.
This item was placed on the consent agenda for Wednesday, January 14, 2004.
24. Before the Board was a Discussion and Consideration of Signature of Letters
Thanking, and Accepting the Resignation of, Delight Stone and Russell Kiel
from the Deschutes County Historical Landmarks Commission.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
25. Before the Board was a Discussion and Consideration of Signature of
Letters Thanking, and Accepting the Resignation of, Amon Dykes, Rene'
Cardenas, Carol Sisson and Rene' Evans from the Deschutes County
Mental Health, Alcohol and Drug Advisory Board.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
26. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Jane McEldowney to the Mental Health, Alcohol and
Drug Advisory Board, through December 31, 2004.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 11 of 14 Pages
27. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Robert Marble to the Mental Health, Alcohol and
Drug Advisory Board, through December 31, 2006.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
28. Before the Board was a Discussion and Consideration of Signature of Letters
Reappointing Tom DeWolf (as Primary) and Dennis R. Luke (as Alternate)
to the Board of Directors of the Central Oregon Intergovernmental Council,
through December 31, 2004.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
29. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing James McGrath to the Board of Special Road District
#1, through December 31, 2007.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
30. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing James D. Kester to the Board of Directors of
Newberry Estates Special Road District, through December 31, 2006.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 12 of 14 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
31. Before the Board were Additions to the Agenda.
A. Before the Board was a Discussion and Consideration of Signature of an
Intent to Award Letter for Federal Lobbyist Services (Ferguson Group).
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of an
Intent to Award Letter for Employee Training Services (New Horizons).
Anna Johnson said there were three bids received: from Central Oregon
Community College, New Horizons and Computer Center Resources. The
selection committee, which consists of Dave Peterson of Information
Technologies, Legal Counsel Mark Pilliod, Debbie Legg of Personnel, and
Anna Johnson of the Commissioners' Office, selected New Horizons.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
C. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Tom Farruggia to the Board of Directors of Howells
Hilltop Special Road District, through December 31, 2006.
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 13 of 14 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
D. The Commissioners then observed that Damian Syrnyk has completed ten years
of Service, and presented a plaque to him at this time.
E. In response to a call from a citizen who lives on Apache Drive, Commissioner
DeWolf asked how the Road Department prioritizes snowplowing of roads.
Tom Blust said that to be plowed by the County, state law says the road has to
be a County road. The Board would have to specifically approve a change in
order to make that expenditure.
Commissioner Luke observed that many people live on unimproved roads, and
some of them prefer them as that keeps the speed of vehicles down. Gary Judd
added that the property owners living on Apache Road have considered a local
improvement district, but it was turned down both times.
The meeting adjourned at 11:10 a. m., at which time the Board went into Executive
Session called under ORS 192.660(1)(h), real estate negotiations.
DATED this 12th Day of January 2004 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
y5l
Dennis RK. Luke, Co missioner
Tonk DeWolf, Commissioner
Minutes of Board of Commissioners' Work Session Monday, January 12, 2004
Page 14 of 14 Pages