2004-72-Minutes for Meeting January 14,2004 Recorded 1/21/2004DESCHUTES COUNTY OFFICIAL RECORDS ^} -
NANCY BLANKENSHIP, COUNTY CLERK IBJ �004•��
COMMISSIONERS' JOURNAL 01/11/004 04;51;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 MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 14, 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Michael A. Daly, Dennis R. Luke and Tom De Wolf.
Also present were Mike Maier, County Administrator; Anna Johnson and Susan
Ross, Commissioners' Office; Kyle Gorman, Watermaster; Jenny Scanlon,
Juvenile Community Justice; Mark Wells, Sheriff's Office; Laurie Craghead, Legal
Counsel; George Read, Catherine Morrow and Damian Syrnyk, Community
Development; media representatives Barney Lerten of bend com and The Bugle,
Jason Carr of Z-21 TV, and Chris Barker of the Bulletin; and eight other citizens.
Chair Michael Daly opened the meeting at 10: 02 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was 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 presentation has been rescheduled for Wednesday, January 28, 2004.
3. Before the Board was the Acknowledgment of the Donation of a Used
Snowcat from the Watermaster's Department to Deschutes County Search
and Rescue.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 1 of 8 Pages
Kyle Gorman read a statement to the audience regarding the donation of a
snowcat to the Sheriff's Office's Search & Rescue. He said the State
determined that they no longer have a need for this piece of equipment. Mark
Wells accepted the title on behalf of Search & Rescue.
Mike Maier noted that the County originally gave the equipment to the
Department of Administrative Services.
4. Before the Board was the Reading of a Proclamation Acknowledging
January 22, 2004 "RL Garrigus Day" in Deschutes County.
Commissioner DeWolf said he has known RL for many years; he then read the
Proclamation to the audience.
LUKE: Move approval.
DEWOLF: Second.
Commissioner Luke said he has worked with RL for many years, especially
when Commissioner Luke was in the legislature. He noted that RL kept the
community up to date on various wildfires, and always handled the news in a
professional manner. Commissioner Daly added that all of his contact with RL
has been very professional.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
(Audience applause for RL)
5. Before the Board was Consideration of Signature of Document No. 2004-
015, a Services Contract between Deschutes County and Lorin Weilacher
for Certified Polygraph Examiner Services.
Jenny Scanlon said Mr. Weilacher is one of the few certified polygraph
examiners in the area. He does work for the Department regarding juvenile sex
offenders.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 2 of 8 Pages
VOTE:. DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was 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.
Jenny Scanlon said that after receiving about fifty applications and conducting
two sets of interviews, Mr. Dowd was chosen as the top person to administer
this grant under a two-year contract.
Mike Maier asked if he is on PERS. Commissioner Luke noted that Mr. Dowd
is a retired PSU instructor.
DEWOLF: Approve, subject to legal review and clarification of the PERS
situation.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was 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.
Jenny Scanlon indicated there are contracts with all partners in the facility, but
that Dr. Kemple provides free dental care to juveniles and because of his
services he is not charged rent.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 3 of 8 Pages
8. Before the Board was Consideration of Signature of a Letter of Support for
the Deschutes Resource Conservancy EPA Watershed Initiative Grant
Application.
Commissioner Luke stated that the Upper Deschutes Watershed Council is not
familiar with this grant, but they have worked with the Deschutes Resource
Conservancy on other issues. The grant looks at perhaps exchanging surface
water for ground water, and sounds like a good program.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was Consideration of First Reading of Ordinance No.
2004-002, Amending Deschutes County Zoning Ordinance Regulations for
Home Business Occupations.
Damian Syrnyk stated that no new letters or e-mails have been received
regarding this issue. However, he did get voicemail messages from Planning
Commission member Tammy Saylors, and he recommended to her that she
contact the Board directly.
Commissioner DeWolf said that he is comfortable going forward on this
ordinance. Commissioner Luke added that it is a work in progress, and the
Board can readdress aspects of the ordinance as needed.
Commissioner Daly said that he still feels that the final product doesn't address
some of the concerns of small businesses located on smaller parcels. Even one
of the Planning Commission members stated that he would like to see a
grandfather clause to allow some of the businesses that have been working for
years with no problems. Commissioner Daly explained that if someone
complains, these business owners wouldn't get a second chance. He added that
he approves of the rest of the ordinance, but has objected to this aspect of it
from the beginning.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 4 of 8 Pages
Commissioner DeWolf disagreed; he said that he thinks this has gone a huge
way down the road of addressing a bunch of different needs. It makes a lot of
small business legal that are now illegal. He explained that although
Commissioner Daly disagrees with the acreage limitation, Commissioner Luke
and Commissioner DeWolf consider ten acres reasonable, and it deals with the
vast majority of home occupations now in the County.
Commissioner Luke added that if grandfathering is done, it could be that
something that shouldn't be grandfathered would be. Commissioner Luke
suggested that Commissioner Daly put a statement on the record that he owns
land outside the urban growth boundary and that this ordinance could affect him.
Commissioner Daly stated that although he has some misgivings about the
ordinance, he would support it because the greater part of the ordinance helps
residents of the County.
DEWOLF: Move first reading of Ordinance No. 2004-002, by title only.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Commissioner Daly then conducted the first reading by title only.
The second reading and proposed adoption is scheduled for Wednesday,
January 28, 2004.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Consent Aeenda Items
10. 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.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 5 of 8 Pages
11. Signature of Resolution No. 2004-003, Adjusting the Cash Change Fund in the
Clerk's Office in Order to Conduct Daily Transactions.
12. Signature of Resolution No. 2004-004, Transferring Appropriations within the
Deschutes County Juvenile Community Justice Fund.
13. Signature of Resolution No. 2004-005, Transferring Appropriations within the
Deschutes County Solid Waste Fund.
14. Signature of Resolution No. 2004-006, Transferring Appropriations within the
Deschutes County GIS Dedicated Fund.
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
$25,269.47 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
,VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $1,216.35 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 6 of 8 Pages
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 $871,403.23 (two
weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Letters Appointing
Steve Johnson, Bob Baker and Herb Blank to the Upper Deschutes
Watershed Council, through January 31, 2007.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
B. Before the Board was Consideration of Signature of Letters
Reappointing Joanne Richter, Bill Swarts and Leonard Knott to the
Upper Deschutes Watershed Council, through January 31, 2007.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
Page 7 of 8 Pages
C. Before the Board was Consideration of Signature of a Letter Appointing
Rex Hurd to Bend Cascade View Estates Tract 2 Special Road District,
through December 31, 2006.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, Chair Daly closed the meeting
at 10:35 a.m. and the Board went into Executive Session, called under ORS
192.660(1)(c), real estate negotiations.
DATED this 14th Day of January 2004 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
is ael M. Daly Chair
Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Meeting Wednesday, January 14, 2004
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