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2004-119-Minutes for Meeting February 04,2004 Recorded 2/19/2004DESCH TES COUNTY OFFICIAL UBLANKENSHIP, COUNTY CLERK CJ 2004'119 NANCY COMMISSIONERS' JOURNAL 02/19/2004 04:52:32 PM IIIIIIII IIIIIIIIIIIIIIIIIIII III 2004-118 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 0 — (- fes. 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 10:00 A.M., WEDNESDAY, FEBRUARY 4, 2004 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf. Also present were Mike Maier, County Administrator; Sue Brewster, Sheriff's Office; Gary Judd, George Kolb and Dennis Morris, Road Department; Damian Syrnyk, Catherine Morrow and George Read, Community Development; Tammy Credicott, Property Management; Timm Schimke, Solid Waste Department; Scott Johnson, Commission on Children & Families; media representatives Chris Barker of the Bulletin and Barney Lerten of bend. com and The Bugle; and twelve other citizens. Chair Mike Daly opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Nancy Stewart, the new Chair of the Board of the Humane Society of Central Oregon, testified that she had good news. The Society has achieved its goal of raising $1 million to build the new shelter, which has been needed for a long time. She thanked the Board for its help in the past. She said a Memorandum of Understanding is being developed with County Counsel which will clarify services and the subsidy from license fees. A deed is also being drafted for the transfer of the property to the Society. The Society has received approval of site plan, and expects approval of building permits in a few weeks. They hope to begin site preparation, and have a groundbreaking ceremony, in March. If all goes well, the project should be finished by the fourth quarter. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 1 of 12 Pages At Commissioner Luke's request, Ms. Stewart gave an overview of the new facility. It will be 15,000 square feet instead of the current 6,000. There will be 40 dog runs instead of the current 14; there will be a greatly expanded cat facility, a community services room for meetings and training, school programs and more. There were 1,021 donors who contributed towards the project. A future goal is an in-house spay and neuter program. The new building will include veterinarian facilities which will be available to volunteer veterinarians so injured animals won't have to be transported. Mike Maier pointed out that having the Society do this important work keeps the County from having to be in the animal shelter business, which saves the taxpayers money. 2. Before the Board was a Discussion of Payment of a Deschutes County Parole & Probation Department Client's Medical Fees. Commissioner DeWolf stated that it is his understanding that when there are medical bills incurred while a person is in jail, that jail is responsible for payment. He said he didn't think Parole & Probation should have to pay for this kind of bill, and won't support it. Mark Amberg said that the bill was discussed with the County's benefits coordinator, and her comment was that the costs were not out of line for the procedures done. He stated that it is his understanding that there is a longstanding agreement between counties that if a person is housed on another county's warrant, the originating county is responsible for medical costs. Sue Brewster added that this is true, as long as there are no local warrants or charges. She said that there often are local charges, but in this case the person was picked up specifically on the Deschutes County warrant at Deschutes County's request. There were no local warrants. Commissioner Luke stated that Klamath County does not have probation officers there full-time. If there were, this could have been handled differently. Mark Amberg added that if the Board wants to go into arguments regarding responsibility, this can be pursued. But the bigger concern is what this might do to the relationship between counties. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 2 of 12 Pages Sue Brewster went on to say that when Klamath County officials realized the person was sick, they call Deschutes County. However, they could not release the person because it was a no -bail warrant, and he needed immediate treatment. Commissioner Daly observed that this bill should be paid by Deschutes County as Klamath County obviously didn't have a choice. LUKE: Move approval of payment of this bill. DALY: Second. VOTE: LUKE: Yes. DEWOLF: No. DALY: Chair votes yes. (Split vote) 3. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2004-007, Establishing Lazy River Drive as a County Road, and Order No. 2004-008, Certifying the Final Assessment on Lazy River Drive Local Improvement District. Gary Judd gave a brief overview of the item. Commissioner Daly opened the public hearing. Citizen. Jack Delaney, who lives near Oregon City, then testified. He explained that he and his brother-in-law own a property with a cabin on it, lot #48. He also owns lots #49, 50 and 51, and objects to paying tax on road improvements on those lots. He said he thinks the County's rationale for owners to pay for road improvements is that it will improve the value of the properties; these three lots are assessed by the County at $2,200 each. Therefore, he thinks the County doesn't; feel the lots are very valuable. The primary difference between those three lots and the one with the cabin is that the lot with the cabin is high enough ground to handle a septic system. The other properties are probably not buildable since they regularly flood. Gary Judd stated that almost all roads feed off this one, and the Special Road District no longer maintains it. It appears that everyone there realizes the savings if the whole district is done. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 3 of 12 Pages Commissioner DeWolf stated that the County's intention with local improvement districts has nothing to do with property values. The County's concern is access and maintenance of the roads. A majority of the owners has charged itself to have the County build a road and maintain it, so one individual who doesn't agree can't get a special benefit that others would not be able to get. He said that if Mr. Delaney sold his lots separately to someone who wanted to park an RV there, other people would have had paid for that new owner's benefit. The majority of the owners has spoken and wants this to happen. Commissioner Luke said that some time ago the district had the road paved on its own and it didn't hold up. Long-term maintenance is the goal. When the County takes over the road, the local owners will not have to pay for paving or maintenance again. Citizen Dale Murff of Newburg then testified. He owns a property on White Oak Place, which intersects with Tamarack. His main concern is the degree of benefit he gets, since Lazy River is not the only access. He comes over to fish and the roads receive minimal use from him. He usually goes on Recreation Road for access. There might be a minor benefit to him to have it paved, but he will not use it as much as others who live there. He said that although his property is buildable, he is disputing the assessment on his lot. Commissioner DeWolf explained that when he wanted to add 450 square feet to his business and the road next to it was unpaved, he had to convince the neighbors to share the cost of paving and sidewalks. He had to also pay for parking, and the total cost to him was twice as much as the cost of the addition itself. He said that he understands the difficulty with this type of situation, but sometimes people just have to pay for things that benefit everyone Commissioner Luke added that the County has been working with Lazy River people for years, and this proposal was brought to the County; the County didn't go after it. This was the only logical solution, and the Road District supports it. Tom Blust explained that there were at least two well -attended neighborhood meetings, at which buildable versus unbuildable scenarios were discussed at length. As a point of process, there was a public hearing held in May 2003 at which the Board made a decision on the apportionment of the cost. This final hearing is not for the apportionment, but the amount of the assessment itself. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 4 of 12 Pages Gary Judd added that the cost was slightly less than engineer's estimate. He said he is also working with the neighboring subdivision on local improvement district process. So the recreation road access may get paved eventually as well. Being no further testimony offered, Chair Daly closed the public hearing. DEWOLF: Move approval of Order 2004-007. LUKE: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. DEWOLF: Move approval of Order 2004-008. LUKE: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. 4. Before the Board was a Public Hearing on Ordinance No. 2004-004, regarding Amendments to Title 21 of the County Code, the Sisters Urban Area Zoning Ordinance. Damian Syrnyk stated that copies of his staff report, the ordinance and maps were available on the table for those who were interested. He gave a brief overview of the ordinance, stating that most of the changes delete obsolete zones and regulations since Sisters is annexed out to the urban growth boundary and there are no eligible properties under Title 21. He said he has been working on proposed technical changes with Neil Thompson, the Planning Director for the City of Sisters, and County Legal Counsel. Neil Thompson added that any annexation would accompany a zone change; the zone change would be from rural to urban reserve, and annexation would take place later. At that time various zones would take over. Chair Daly then opened the public hearing. LUKE: Move that the testimony just provided by Neil Thompson be made a part of the testimony under the public hearing. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 5 of 12 Pages VOTE: LUKE: Yes. DEWOLF: No. DALY: Chair votes yes. (Split vote) Being no further testimony offered, Chair Daly closed the public hearing. LUKE: Move that the suggested changes be made and that the ordinance be brought back to the next regularly scheduled meeting of the Board for first and second readings by title only, and adoption by emergency. DALY: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2004- 043, an Easement through County Land, as Requested by Sage Com and Pacific Power. LUKE: Move that the County Administrator be allowed to negotiate this easement on behalf of the County, subject to legal review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. 6. Before the Board was Consideration of Approval of the Final Description of the County Forester Position, and Authorization to Commence with Filling the Position. Mike Maier said that he received some changes to the position description from the Sheriff, the Commissioners and George Read. He added that he though it might be appropriate to have a five -member committee oversee this work. Commissioner Daly asked if the position could be a contract position, or whether proposals could be requested. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 6 of 12 Pages Mike Maier replied that there could be a recruitment done in case there is a company that wants to submit a proposal. Commissioner DeWolf asked if the person would report to the Board of Commissioners. Mike Maier said that this wasn't spelled out. Commissioner Luke added that the advisory committee could meet on a regular basis and handle oversight, with the Board being the ultimate authority. Commissioner DeWolf said that he would like to see the committee membership expanded to include other than people from the County. Commissioner Luke said that with a general contractor the County would have less control over the process. He explained that he feels the person should be an employee, which gives the County more control. It will be a full-time job anyway. Commissioner Daly observed that since the position is new, it should be contracted out first to get a feel for the work to be done. Commissioner Luke replied that he has been working on this issue for years, and knows there is a full-time job out there. He added that the County has floundered in this work because a point person is needed. Mike Maier stated that he would make the necessary changes and start advertising for the position. 7. Before the Board was Consideration of a Decision regarding Pursuing an Option to Purchase Property located off Poe Sholes Road, Bend. Mike Maier said that this issue was discussed at the Monday administrative meeting, at which the updated appraisal was distributed. Steve Scott explained that 28 days ago the County entered into an earnest money agreement with the Elliotts, conditioned on the County's approval of an updated appraisal. The appraisal came in lower than the agreed-upon sales price. To continue the process, the County needs to remove the contingency regarding the $25,000 earnest money. Commissioner Luke stated that he hasn't always been in favor of buying this property, but is interested now because there is an opportunity to work with the State on a building. This situation is much like the project for the new County/State building, and is in the best interests of the citizens. Time is needed to continue that worthwhile process, and he is willing to move forward. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 7 of 12 Pages Commissioner Daly said that he has a different idea on this proposal; that is, what would he do if it were his own money. He said he has been a developer in the past, and feels this deal with the State is uncertain. He said that he does not want to risk the money on a speculative land purchase. Commissioner Luke explained that if it was just for the building, he wouldn't agree with the purchase. However, it's the excess property that they would get, which would be perfect for future expansion in that area. Commissioner DeWolf added that this is a good deal, but was a much better deal five years ago. If they had done this then, the County would now own more acreage for less money. This property is prime for future needs for transitional housing, Parole & Probation, the jail and a variety of options. He added that the Board is to do its best to keep taxes down and operate effectively and efficiently. None of the recent building projects required additional taxes, and this one would be similar. DEWOLF: Move approval, as it is the smart thing to do LUKE: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes no. (Split vote.) 8. Before the Board was Consideration of a Decision regarding Whether to Authorize an RFP Process for Improvements to Knott Landfill. Commissioner Luke suggested that since a letter has been received on this issue, the Board should speak with Legal Counsel before addressing this item. 9. Before the Board was Consideration of a Decision regarding the Use of County -owned Property Located Near Knott Landfill. George Read explained that placing a residential treatment center on this property is not allowed under the current code if it serves more than five people, not including staff. There is a proposal in the works to change the code to allow up to 15 people, however. The State DLCD just opened the door with regulatory changes in this regard, and the process will take a few months. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 8 of 12 Pages Mike Maier added that negotiations with the Horizon people were to take place, but he also advised them that there are other issues to address. He said that he did advise Juvenile Community Justice that their proposal probably would not be accepted by the Board because of the cost involved. Commissioner Luke observed that Juvenile Community Justice's proposal was a good one and they have developed a good business plan, but unfortunately they don't have the funds at this time and the program would have to be subsidized. Mike Maier added that if the lease to Horizon comes together, it would be for two years. Perhaps at that time funds could become available for Juvenile Community Justice to pursue their proposed program. Robin Rader, a local resident, testified. She expressed concern about the people who would be housed there, since there is a middle school nearby. Mike Maier explained that the County did look at the property for transitional housing, but it could not be used for that purpose. Any people housed there would not be adjudicated. In any case, a land use process would have to be followed before these types of uses could be approved. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $2,931.83. LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,703.71. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 9 of 12 Pages LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,842,297.57. LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. 13. ADDITIONS TO THE AGENDA A. Before the Board was Discussion and Consideration of Chair Signature of Document No. 2004-011, an Intent to Award Letter for a Roll-over Type Carwash System for Fleet Vehicles. Dennis Morris said that this item is budgeted and is a department goal. There was one qualified bid; another came in too late to consider. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. B. Before the Board was Discussion and Consideration of Signature of Document No. 2004-012, a Grant Amendment between Deschutes County and the U.S. Department of Agriculture regarding the Defensible Space in an Urban Interface Management Plan, Extending the Grant Period to June 30, 2004. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 10 of 12 Pages Catherine Morrow stated that Commissioner Luke previously signed a letter requesting an extension, and this is the paperwork approving this change. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. C. Before the Board was Discussion and Consideration of Signature of Document No. 2004-014, a Lease Agreement between Deschutes County and High Desert Archers. Tammy Credicott gave a brief overview. Legal Counsel is conducting a final review of the paperwork. LUKE: Move approval, subject to legal review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. D. Before the Board was Discussion and Consideration of Approval of Document No. 2004-047, an Intergovernmental Agreement between OSU/Cascades Campus regarding Templates for a Model Child Care Center and Regional Child Care Report Card. Scott Johnson stated that this is for a $7,200 grant from NACo, which is the first installment for larger child care program. LUKE: Move approval, subject to legal review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Yes. DALY: Chair votes yes. At this time Commissioner DeWolf had to leave the meeting. Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 11 of 12 Pages E. Before the Board was Consideration of Approval of the Health Department Participating in the OCHIN Software Project. Mike Maier explained that this item is in regard to funding of the OCHIN project, which is for billing software for the Health Department. Payback is expected within a few years because of a revenue increase and the possible reduction of I.T. indirect charges. There are not enough funds in reserves to purchase the software; the department is over -expended because of problems with the existing software. Commissioner Luke added that this will help get past due items paid up. LUKE: Move approval. DALY: Second. VOTE: LUKE: DALY: Yes. Chair votes yes. Being no further items brought before the Board, the meeting adjourned at 11:30 a.m. DATED this 4th Day of February 2004 for the Deschutes County Board of Commissioners. Michael A Daly, is R. Luke, Commissioner ATTEST: Tom DeWolf, Commis ' ner Recording Secretary Minutes of Board of Commissioners' Meeting Wednesday, February 4, 2004 Page 12 of 12 Pages