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44-858-Minutes for Meeting December 07,1982 Recorded 1/7/1983X19 DESCHUTES COUNTY BOARD OF COMMISSIONERS ~-4R DECEMBER 7, 1982 - REGULAR MEETING Ch/~r~SUE Pi- Chairman Shepard called the meeting to order at 10:00 A.M. Commis- sioner Paulson and Commissioner Young were also in attendance. Amendments to The KBND Lease Agreement for signature was added to the Agenda as an amendment. Chairman Shepard also noted that items 9.C. and 9.1. would be heard Wednesday. Architectural Marshal Richer, AIA, was present for this. Rick Isham, Contract for CouAty Counsel, has reviewed the document. The contract Post Office is for the architectural work for the remodelling of the old Post Office building for a total cost of $33,310. This cost can be adjusted in the event that the scope of work done exceeds that which is set forth in the con- tract language. MOTION: YOUNG moved to sign the contract with Marshal Ricker for the architectural work on the Post Office. PAULSON: Second. Doug Maul, Facilities Coordinator, stated that this fee could be adjusted with Board approval. Mr. Maul will serve as clerk of the works. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Approval of Helen Durant, Home Health Coordinator, was present to Home Health discuss this. She had presented a memo to the Board Polices and containing the policies that had been recommended for Program Eval- approval by the Home Health Advisory Committee. She uation came before'the Board to request Board approval of these policies and programs so that her department may begin implementation of them. She noted some of the changes in the document language, indicating that they will add an occupational therapy program and home health aide service as soon as licensing and personnel `are obtained. They will also have an I.V. therapy program and a Total Protein Nutrition (TPN) program added. These are programs designed to help patients get out of the hos- pital earlier and receive care at home. She explained that the approval of these programs and policies are done on an annual basis. MOTION: PAULSON moved to approve the policies, including Occupational Therapy and Home Health Aide policies. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. DECEMBER 7, 1982 MINUTES: PAGE 1 MOTION: SHEPARD moved to approve the Summary and Program Evaluation for the Deschutes County Home Health Agency. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: YOUNG moved to approve the Home Health Aide procedures and job description. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: YOUNG moved to approve the Occupational Therapy procedures and job description. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: SHEPARD moved to approve the Agency By-laws. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Before the Board was a memo from Helen Durant recommend- garding App- ing Janet Kovalchik be appointed to the Home Health Ad- ointment of visory Board. Ms. Durant stated that Ms. Kovalchik is Janet Koval- involved in the programs and is interested in doing vol- chik to the unteer work. Home Health MOTION: YOUNG moved to appoint Janet Kovalchik to the Advisory Home Health Advisory Board. Board PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- John Andersen, Planning Director, had sent the Board two garding Estab- memos containing recommendations for Planning Department lishment of fees. He explained that some of these involve required Planning Fees actions, such as lot line adjustments, but no fee was being charged to cover the cost of the application processing. This will require a $35 fee for a lot line adjustment. He also noted that the fee schedule is re- viewed every two years, and next year they will do so. He then outlined the additional fee changes as outlined in his memo of November 19, 1982 and November 26, 1982. He noted that there had been a reduction in fees for a type II subdivision. There will also be a fee estab- lished for master plans of $500. There was some discussion in regard to the fee for master plans. MOTION: YOUNG moved to approve the fees set in the memo of November 19, 1982 from John Andersen for the Planning Department. DECEMBER 7, 1982 MINUTES: PAGE 2 4 _ Vni PAP: ~~L a t PAULSON: Second. VOTE;. SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved to approve the lot line adjust- ment fee of $35 as outlined in John Andersen's memo of November 26, 1982. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. These fees will become effective as soon as the resolu- tion setting them is filed with the clerk. Mr. Isham stated that he would have the resolution ready for Board signature at tomorrow's meeting. Discussion re- Before the Board was a letter from Mahlon Rohrbach, Unit garding App- #6 Special Road District. Chairman Shepard read this ointment of letter aloud. It was signed by residents of the road Unit #6 Spec- district and members of the road district's board of ial Road Dist- directors recommending that Mr. Rohrbach be reappointed rict Board of to another term on the Board of Directors for the dist- Directors rict. MOTION: YOUNG moved to appoint Mahlon Rohrbach to the Board of Directors of Unit #6 Special Road District. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Review of the Rick Isham, County Counsel, noted that a hearing on this draft Infrac- proposed ordinance would be held December 15 at the tions/Viola- Board's courtday meeting. This ordinance (Ordinance #82 tions Ordin- -012) will replace Ordinance PL-6 which is the old fin- ance fractions ordinance which had a prohibitively cumbersome procedure and because of that was abandoned by most county departments. He stated that this ordinance is not exclusive, but would serve as one way of enforcing county ordinances. Under the proposed ordinance, an Administrative Law Judge would be the authority that held hearings as a result of citiations issued for violations of a county ordinance. That body's decision would be appealable only through a writ of review, which is only issued under certain conditions. Mr. Isham briefly outlined provisions of the proposed ordinance as currently drafted. This provides for fines, but the Administrative Law Judge is not a magistrate and therefore does not have the authority to cause someone to be arrested or go to jail. Before this proposed ordinance can be adopted, Mr. Isham wants to go through the other ordinances to make sure that there is no conflicting language. The ordinance will eliminate appeal of the Hearings Officer's decision within the DECEMBER 7, 1982 MINUTES:'-;PAGE 3 44, county, making it necessary for the apellant to obtain a writ of review to district court. There was some further discussion in regard to obtaining delinquent fines. It was noted that the hearing in regard to this ordinance would be held next Wednesday. Discussion re- Rick Isham, County Counsel, explained that they had not garding Graz- calculated the grazing lease fee based on Animal Units ing Lease Pol- per Month (AUM's). He had consulted the BLM and the icy Assessor's office to review their lease formulas, but they were based on AUM's and he did not feel that this would work for Deschutes County because we do not have a range management specialist. He gave the Board a printed outline of a proposed rent schedule based on a per acre basis. Mr. Isham explained that he had gone back to the old system with a very slight fee increase. He has also drafted a new grazing lease form which will help eliminate management problems with the grazing leases. There was some further general discussion. MOTION: PAULSON moved to adopt the 1983 raised grazing land rate as proposed. YOUNG: Second. Mr. Isham noted that the lessor must pay taxes in addition to the lease fee. He stated that the issue of fire protection still must be addressed, outlining the annual fees that we pay for fire protection on county lands. He stated they would not have to pay more than $15 for fire-protection for a large parcel of land and only one or two dollars for a smaller parcel. This question was not resolved at this time. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Conse~^vation Mr. Isham stated that they have an addendum to the Management agreement signed last week with Conservation Management Services Con- Services. This provides that the county will deposit tract Modif- the advance funds from BPA with the contractor and also ication provides for a monthly report based on accrual account- ing for the grant advance. Mr. Maier was in agreement with this. MOTION: PAULSON moved to approve the amendment. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Resolution MOTION: YOUNG moved to adopt Order#82-371 setting the setting Load load limit on American Lane Bridge. Limit on Am- PAULSON: Second. ican Lane VOTE: SHEPARD: AYE. Bridge PAULSON: AYE. YOUNG: AYE. DECEMBER 7, 1982 MINUTES: PAGE 4 Ordinance 82- Mr. Isham explained that if one of these ways of nec- 045, Removing essity is appealed, it usually is about 6-8 hours of the County hearings and discussion and the county gets nothing Governing Body from it. It was his understanding that the Board no from Jurisdic- longer wished to have this authority. This ordinance tion over the transfers the jurisdiction to circuit court, who will Establishment be better able to handle the question of attorney's of Ways of fees and expert witness testimony. Necessity MOTION: PAULSON moved that the first and second readings be by title only. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Chairman Shepard gave the first and second reading by title only. MOTION: PAULSON moved to approve Ordinance #82-045• YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Grazing Leases Mr. Isham stated that these are in conformance with for Rencher, the new 1983 grazing lease lands rent. Hunt & Leason MOTION: YOUNG moved to approve the grazing leases for Rencher, Hunt & Leason. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Orders Accept- Mr. Isham explained that this was part of a new proced- ing Engineers ure for road vacations, in which the Board will not have Reports for make a decision until the final stage, at which time the Road Vacations Board will receive the maps and engineers reports. If the engineer's report is at variance with the petition, the Board can set the hearing anyway. MOTION: PAULSON moved to accept the engineer's report and approve Orders 82-357 through 82-370, setting the hearing date for January 19, 1983. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Order 82-372 This transfers $129,002 from the contingency fund to Transfer App- appropriate money necessary for the post office acqui- ropriation acquisiton. for the Post MOTION: YOUNG moved to adopt Order #82-372. Office Purchase PAULSON: Second. It was noted that this leaves approximately $100,000 in the contingency fund. DECEMBER 7, 1982 MINUTES: PAGE 5 r I~f;il t~; L . :v Cti'~ :1 VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Being no further business, the meeting was recessed until the following day at 10:00 A.M. DESCHUTES OUNTY BOARD OF OMMI_ SSIONERS CLAY C. A , 9AM~A41N ROBERT C. PAULSON, JR., C SSIONER AL G, CO S10 /ss DECEMBER 7, 1982 MINUTES: PAGE 6 I"