2004-772-Minutes for Meeting April 26,2004 Recorded 5/11/2004COUNTY OFFICIAL
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NANCYUBLANKENSNIP, COUNTY CLERKDS V 200072
COMMISSIONERS' JOURNAL
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2004-772
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, APRIL 26, 2004
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf and Michael M. Daly; Commissioner
Dennis R. Luke was out of the office. Also present were Mike Maier, County
Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Muriel
Delavergne-Brown, Health Department; Scott Johnson, Commission on Children
& Families; George Kolb and Gary Judd, Road Department; and Cathy White,
Community Development. Also in attendance were Tammy Credicott, Property
Management; Roger Kryzanek, Mental Health Department; Timm Schimke, Solid
Waste Department; David Givans, Ted Schassberger and Susan Ross,
Commissioners' Office; media representative Barney Lerten of bend. com and The
Bugle, and a member of Z-21 TV; and five other citizens.
Chair Michael M. Daly opened the meeting at 10: 00 a.m.
At this time, Mike Daly presented a plaque to Mike Maier, who has been with the
County for twenty-five years.
1. Before the Board was Citizen Input.
TONY ACETI:
This is not new, but it's not on the agenda. I did some homework in the records
department, and this refers to the County deeding the Juniper Ridge property
over to the City of Bend. I have a copy of the portion of that. It says in the top
paragraph, "Deschutes County, a political subdivision of the State of Oregon,
grantor, conveys to the City of Bend, grantee, so long as the real property is
used for public purpose."
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 1 of 12 Pages
What my question is, when it says this property is granted to the City of Bend
and is to be used for public purpose, how does that relate to an industrial or
mixed use zone that would be leased by private businesses? That's basically my
question.
TOM DEWOLF:
A public purpose can be anything that serves the public at large, whether that is
private enterprise or public. It's the same way we support financially Economic
Development for Central Oregon, to encourage businesses to locate here, or
businesses that are already here to expand their operations.
We put money towards the Commission on Children & Families to do things
with kids and families; that's a public purpose. We do things with our Road
Department, putting in street infrastructure and what have you. It's a public
purpose. Whether it is our own department doing an overlay, or Hap Taylor or
Hooker Creek doing road construction, it is still a public service if what it is
doing is serving the public.
State law requires that we have a twenty-year supply of industrial land,
residential land and commercial land available. So, the public purpose in this
particular land is the City of Bend no longer has that twenty-year supply, and
the specific reason for that donation of land fifteen or twenty years ago --
ACETI:
In 1986,1 believe.
DEWOLF:
It was specifically for long-term expansion for industrial land. That's the public
purpose of it; State law requires that we, the public, have that supply of land so
that we have orderly expansion of land uses within our County.
MIKE MAIER:
I'd like to make a comment, too. I was here then. That property was acquired
through numerous trades that the County did with BLM to acquire that
property. In turn, the County worked with the City so they could have that for
expansion for industrial purposes. It was no secret back in 1986. Actually, it
started probably in 1981, and took about five years to put it all together.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 2 of 12 Pages
ACETI:
The reason this comes to question for me is that I was having a social drink
with a gentleman who worked for Park and Rec, and it was his understanding at
the time that this property got deeded over, it was called the Juniper Wayside. I
haven't been able to find it, but there was a particular stipulation that because of
the 1,000 -year-old juniper trees in the vicinity, it was more of a preservation of
those trees for park type purposes. And that was the intent for public purposes.
MAIER:
There was also a separate agreement in which the County put conditions that
require public hearings and development of a plan, which I think the City is
going through now. I think there was a stipulation in the agreement that stated
that a minimum of 10%1 I think, has to be maintained as public parks. But it
was never anything, to my knowledge, involving ancient junipers.
DEWOLF:
I think around 1993 or 1994, we had a group of commercial Realtors come to
the City, requesting that it be brought in then. That was ten years ago. We felt
at that time that there was plenty of supply and it wasn't necessary. It's been ten
years since this came back up and now, according to the City, we don't have the
supply that is required by State law any longer. We'll have public hearings and
all.
ACETL•
Thank you very much for your time in answering my questions.
2. Before the Board was a Discussion of a Follow-up Request for Road Funds
—Mary Meloy, City of Redmond Public Works Director
This item will be addressed at the Wednesday, April 28 Board meeting.
3. Before the Board was a Discussion of the Reading of a Proclamation
Declaring May 6 Central Oregon Volunteer Appreciation Day.
This item will be addressed at the Wednesday, April 28 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 3 of 12 Pages
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-174, an Amendment to the State Agreement
concerning the Provision of Alcohol and Drug Treatment Services.
Roger Kryzanek gave an overview of the agreement. He said the agreement
clarifies some language and the reporting process, and also increases the
capitation rate by 5%.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-177, an Agreement regarding a Communicable Disease
Database Program to be Used by Deschutes County and Multnomah
County.
Muriel Delavergne Brown provided a brief overview of the agreement, which
provides access to a database for which the cost is shared by ten or eleven
counties. It will enable the County to track outbreaks more easily. There is no
impact on Information Technology costs, as it is a stand alone program on one
computer.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Approval of
Deschutes County's Fiscal Year 2004-05 Assessment and Taxation Grant
Request to the Oregon Department of Revenue.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 4 of 12 Pages
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-165, an Amendment to an Agreement with
MountainStar Family Relief Nursery.
Scott Johnson explained that this amendment increases the service levels for the
first half of biennium. Child abuse is an issue in the area; and this provides
funding to work with high risk families.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-175, Amendment #2 to the Oregon Commission on
Children & Families 2003-05 Intergovernmental Agreement with
Deschutes County.
Scott Johnson said that this is approximately a 10% reduction in funding for the
HealthyStart and Ready -Set -Go programs, a result of Measure 30..
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-159, a Lease Agreement between Deschutes County
and Trillium Family Services regarding Space in the Juvenile Community
Justice Building.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 5 of 12 Pages
10. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-178, a Services Contract between Deschutes County
and Dr. Andy Barram to Provide Psychological Services to Youth and
Families.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-179, an Intergovernmental Agreement between
Deschutes County and Jefferson County regarding Providing Housing for
18 -Year Old Detained Youth at the Jefferson County Jail.
Commissioner DeWolf explained that the Sheriff will not allow 18 -year old
offenders to be housed with the adult jail population. This agreement allows
these offenders to be housed in the Jefferson County jail, which actually costs
less. There would be at most two or three offenders handled in this manner
each year.
This item will be addressed at the Wednesday, April 28 Board meeting.
12. Before the Board was a Discussion and Consideration of Signature of an
Intent to Award Letter for the Overlay of Deschutes Market Road.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
13. Before the Board was a Discussion of a Public Hearing for Remonstrances
for Bull Bat Lane Local Improvement District; and Signature of
Resolution 2004-032 Directing Bull Bat Lane Improvements to be Made by
Contract.
This item will be addressed at the Wednesday, April 28 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 6 of 12 Pages
14. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-033, Declaring the County's Intent to Issue
Obligations to Reimburse the County for Certain Expenditures regarding
the Bull Bat Lane Improvement Project.
This item will be addressed at the Wednesday, April 28 Board meeting.
15. Before the Board was a Discussion of a Decision on an Appeal of the
Hearings Officer's Decision Denying a Verification of a Non -conforming
Use (Applicant. Fleming).
This item will be addressed at the Wednesday, April 28 Board meeting.
16. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-036, Authorizing the Sale of Certain Unbuildable Real
Property Located off Butler Market Road to an Adjacent Property Owner.
Tammy Credicott gave an overview of the item, and explained that the cost to
the buyer will be $463 to cover taxes, escrow and recording fees.
Laurie Craghead explained that this property is unbuildable and falls well under
the dollar amount by law for the County to sell it without a bid process.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-037, Designating Certain Real Property as County Parks,
to be Used Exclusively for Public Purposes.
Tammy Credicott said this has to do with the four County properties that are in
close proximity to the river. The plan is to post them against the use of
motorized vehicles, per Code. Three of the parcels are already County parks;
the fourth one needs to be dedicated as well.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 7 of 12 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-038, Declaring the Intent of Deschutes County to
Transfer Real Property to Habitat for Humanity to Provide Low-income
Housing.
Commissioner DeWolf explained that the County was going to donate a much
larger lot located off Drafter Road which potentially could be affected by
changes in Highway 97. This one is a much better fit for residential use.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
19. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-166, an Oregon Department of Environmental Quality
Food Recovery Program Grant (handled through COCAAN).
Susan Ross stated that this is a continuation of a grant from 2003, a part of the
solid waste recycling program which keeps usable food out of the landfill.
Most of the food comes from grocery stores, and COCAAN picks it up and
donates it to non-profit agencies.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
20. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-173, an Opt -In Form for Oregon Local Governments
Limited Tax Pension Obligations.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 8 of 12 Pages
Commissioner DeWolf stated that handling PERS costs in this manner saves the
County money. Mike Maier added that this costs less than PERS would charge
the County for the unfunded liability; and could result in a savings of up to
$300,000 over time.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
21. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-035, Transferring Appropriations within the
Deschutes County General Fund, Industrial Development Fund, General
County Projects Fund and Project Development Fund.
Mike Maier explained that there will be a number of resolutions transferring
appropriations coming before the Board before the end of the fiscal year.
Finance is being very strict with departments regarding transfers of funds, so
that categories are not over expended. The departments' bills won't be
approved if the category is over expended.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-036, Transferring Appropriations within the General
Fund and Local Improvement District Funds.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 9 of 12 Pages
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-037, Transferring Appropriations within the
Deschutes County Information Technology Fund.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
24. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control License Application for Sisson Enterprises,
Inc. (Twin Lakes Resort).
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
25. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion and Consideration of Chair
Signature of an Intent to Award Letter for Audit Services.
David Givans stated that this intent to award is the recommendation of the
Audit Committee, which reviewed the bids for quality of service, staffing,
experience, methodology in audits, and pricing. The Committee was careful
about making sure the new auditor will work well with the Finance team and
fit the objectives of the County for the next three years.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Richard W. Martinson as the Interim Bend
Representative to the Historical Landmarks Commission, through
February 1, 2006.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 10 of 12 Pages
Commissioner DeWolf said that the City and County need to be sure they
are on track with what they want this group to address. This issue should be
on the agenda for the next City of Bend/Board of Commissioners' joint
meeting.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
C. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-083, Document No. 2004-180, and Document No.
2004-181, an Intergovernmental Agreement, Purchase and Sale
Agreement, and Bargain and Sale Deed and Trust Deed between
Deschutes County and the City of Redmond regarding the Sale of
County -owned Property to the City of Redmond.
Mark Pilliod said that these documents are the totality of the documents
governing the sale of the County's 122 -acre parcel to the City of Redmond;
the documents are consistent with what was previously negotiated. He
added that as of 5:00 p.m. this day, the lot line adjustment will be final and
the appeal periods are concluded. The transaction is ready to close.
This item will be addressed at the Wednesday,, April 28 Board meeting.
D. Before the Board was Consideration of Signature of Resolution No.
2004-040, Designating Certain Real Property Located off River Drive in
La Pine as Public Pedestrian/Bicycle Trails.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, the meeting adjourned at
10:50 a.m.
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 11 of 12 Pages
DATED this 26th Day of April 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Attachment
Exhibit A: Sign -in Sheet
Michael M.' Daly, Chaj
�' d -- -
Dennis R. Luke, Commissioner
Tom DeWolf, Co oner
Minutes of Board of Commissioners' Work Session Monday, April 26, 2004
Page 12 of 12 Pages
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