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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 VIiijillillIIIIIIIIIIIIIII20 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. 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 Page 8 of 8 Pages