2004-900-Minutes for Meeting June 09,2004 Recorded 6/23/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 10040900
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/23/2004 04;20;49 PM
IIIIIIII IIIIIIIIIIIIIIIIIII I III
2004-000
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
-r--
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, JUNE 99 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly, Tom De Wolf and Dennis R. Luke.
Also present were Mike Maier, County Administrator; Les Stiles, Sheriff; Susan
Ross and Anna Johnson, Commissioners' Office; Bob Haas, Information
Technology; Tom Blust and Gary Judd, Road Department; and Tammy Credicott,
Property Management. Also in attendance were Chris Schmoyer, Paul Blikstad,
Ed Pecoraro, Matt Martin and Steve Jorgensen, Community Development; Dan
Peddycord, Health Department; Ron Tamminga, Suzanne Donovan and Roger
Kryzanek, Mental Health Department; Laurie Craghead, Legal Counsel; and
several other County employees. Also present were media representatives Jeff
Mulllins of KBND Radio, Chris Barker of the Bulletin, Barney Lerten of
bend.com and The Bugle, and two reporters from Z-21 TV; and approximately
twenty other citizens.
The meeting began with a lively musical "marimbas "presentation given by
students of Bear Creek Elementary School, under the guidance of teacher Tom
Scott.
The regular meeting began at 10:15 a.m.
1. Before the Board was Citizen Input.
Dick Tobiason said that the Board has voted to support the process of renaming
General Patch Bridge after Bob Maxwell and in honor of all veterans. He
expressed thanks on behalf of local veterans' groups. He added that they are
working with representatives of the U.S. Forest Service to develop appropriate
signage for the bridge and the adjacent camping area.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 1 of 20 Pages
It is his hope that this process can conclude prior to September, when Bob
Maxwell and Stan Adams (who won the Medal of Honor during the Korean
conflict) will be honored in Salem at the new Medal of Honor Memorial.
No other input was offered.
2. Before the Board was a Presentation of the Annual "Big Chainring"
Awards from the Bicycle and Pedestrian Advisory Committee.
Steve Jorgensen of Deschutes County introduced Ed Moore, the current chair of
the Committee. In conjunction with Commute Options Week, individuals and
businesses are recognized for their contribution to commute options and safety.
Mr. Moore then provided information on this year's winners, at which time the
awards were presented. (A copy of his information is attached as Exhibit B.)
3. Before the Board was Consideration of Signature of an Order Declaring
the Results of the Election Held on May 18, 2004, relating to the Sheriff
Three -Year Split Operating Levy.
Les Stiles said he was pleased that the turnout was almost 58%, and the yes
vote for the levy was at 64%.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Documents No. 2004-
218 and 2004-219, Intergovernmental Agreements with the Oregon
Department of Revenue for GIS Mapping Services.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 2 of 20 Pages
5. Before the Board was Consideration of Chair Signature of a Notice of
Intent to Award Letter for the Construction of Bull Bat Lane Local
Improvement District.
Gary Judd explained that the Engineer's estimate was more than the original
estimate, but the Road Department has funds to pay the additional not to exceed
amount. This occurred because asphalt costs went up considerably, and
quickly, this year.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Public Hearing, and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2004-
014, Authorizing the County Clerk to Not Refund Payments for Recording
Fee Checks $10 or Less.
Nancy Blankenship gave a brief overview of the reasons for the ordinance. The
main reason is that it is very expensive to issue refund checks for small amounts.
Chair Daly opened the public hearing.
Being no testimony offered, he closed the public hearing.
LUKE: Move first and second readings by title only, declaring an
emergency.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Chair Daly then conducted the first and second readings by title only.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 3 of 20 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Consideration of Signature of an Affidavit of
Consent to a Declaration of a Subdivision of Land Located off Edmundson
Road.
Tammy Credicott explained that this action does not affect the County's
security; it allows the property owners to subdivide their land.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was Consideration of Signature of Document No. 2004-
220, an Intergovernmental Agreement with Life Styles Living Centers to
Provide Developmental Disabilities Residential Services for a Mental
Health DD Client.
Ron Tamminga said that one service provider has purchased a new corporation,
Carriage House; but will keep the facility under the new name. This agreement
is necessary so that an existing client can be moved into the new facility.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was Consideration of Signature of Document No. 2004-
210, an Intergovernmental Agreement between the Redmond School
District and Deschutes County to Provide Mental Health Therapists in the
Schools.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 4 of 20 Pages
Suzanne Donovan stated that through the FAN agreement, there is an increase
this year by $9M to serve an additional school.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board was Consideration of Signature of Document No. 2004-
205, an Agreement between Deschutes County and Central Oregon
Community College regarding Health Services for Students at COCC.
Dan Peddycord gave a brief overview of the services provided under this
agreement. He added that the cost is about a break-even for the County.
Commissioner Luke asked that some rough numbers be provided to him after
the end of this fiscal year regarding the cost and revenue of this service.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was Consideration of Signature of Document No. 2004-
230, Grant Revision #6 to the Financial Assistance Contract #106216 with
the State of Oregon for Various Health Services.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 5 of 20 Pages
12. Before the Board was Consideration of Signature of Document No. 2004-
231, Grant Revision #7 to the Financial Assistance Contract #106216 with
the State of Oregon for One-time Funding for the Purchase of Equipment
to Implement a New Data System.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was Consideration of Signature of Order No. 2004-049,
Changing the Road Name of Squaw Back Lane East to Sage Woods Lane.
Ed Pecoraro said that there are only two roads left that need a name change -
one in Sunriver and another in Deschutes River Woods.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was Consideration of Signature of Order No. 2004-050,
Changing the Road Name of Squaw Back Lane West to Ponderosa Lane.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was Consideration of Approval of Documents No. 2004-
221 through 2004-229, Deeds, Promissory Notes and Trust Deeds
Transferring Quadrant 2-C of the Newberry Neighborhood to Elk Horn
Estates, including Pahlisch Homes, Inc. as an Additional Guarantor.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 6 of 20 Pages
Laurie Craghead said that the Board only has one document to sign, the bargain
and sale deed. The other documents are promissory notes that are to be signed
by Elk Horn and Pahlisch Homes. She provided a brief overview of the history
of the project and the process that was followed. She said that all issues have
been worked out and the documents are finalized. The County has protection
on all aspects of the sale.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2004-046, Approving the Formation of the Deschutes County
Vector Control District, Establishing the Name and Boundaries of the
Proposed District, and Setting a Final Hearing Date.
LAURIE CRAGHEAD:
This is a duly noticed public hearing. The Board cannot make a decision on
this today. We do not have resolutions from all of the cities approving the
Board order, so this will have to be continued until next week. According to
statute, you are allowed to continue this first hearing one week at a time for a
maximum of four consecutive weeks, until the cities indicate support.
DAN PEDDYCORD:
The particular process that you are considering today is to fund a vector control
district with a fixed rate tax. That particular process requires resolutions from
the cities and a formal public hearing process. That no longer is necessary. The
City of Redmond voted last night not to support this option, funded with a fixed
rate tax. And the City of Sisters will vote formally soon, and they have
acknowledged that they will do that as well.
In those two cases, both city governments preferred the idea of funding the
district through a levy option. Neither expressed any strong dissent with the
idea of having a vector control district; clearly it is supported through a levy
option, which does not require city resolutions. The question I have is, what is
the latest date the Board of Commissioners could put a levy district option vote
on the November ballot?
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 7 of 20 Pages
CRAGHEAD:
I'm not totally sure, but I believe it is only a couple of months ahead of time.
Probably in August would be good. One other option you would have with this
is if the cities don't approve, you can exempt out the cities.
DEWOLF:
We can establish a vector control district without a tax base at all. We did that
with noxious weeds. It may not be everything that everyone wants, but we
made great strides in dealing with the noxious weed issue in this area without a
levy or tax base of any kind. I'm leery of even going with a levy.
CRAGHEAD:
From my research of the statutes, the only reason to do a district is for a tax
base. The County can do vector control the same as if it were a vector control
district without having to have a district. They have the same authority.
DEWOLF:
Look at what we had to go through with Sunriver, and having to do this three-
way agreement. That's the advantage of having a district, being able to contract
with the vector control district that currently exists in this County.
CRAGHEAD:
The County could do that, too.
DEWOLF:
Agreed. But if you have this district set up, you eliminate the difficulties that
we had with contracting for Sunriver.
CRAGHEAD:
I don't think it eliminates that. The district would still have to do a contract
with Four Rivers. Although Sunriver would be within the district.
PEDDYCORD:
The option for homeowners associations does exist to work with the private
market. There are two private companies in Central Oregon that provide vector
control; I believe they are Terminex and Alpine Pest Co.
DENNIS LUKE:
A homeowners association can't allow someone to go onto someone's property
without permission. Each individual person would still have to sign off.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 8 of 20 Pages
CRAGHEAD:
The same exists whether you are a district or a county. You still would have to
get the individual owner's consent to go onto their property.
PEDDYCORD:
Despite our problem of wrestling with what the most appropriate way is to fund
a district, the most important aspect is deciding if we need a district, or vector
control, at all. That's going to become a lively discussion. Idaho had a case in a
horse last week, and today California announced its first human case this year.
My prediction is that we are not going to dodge the bullet in Oregon again. It
will likely show up at least in a small level this year, which then sets us up for a
higher level of incidents next year.
DEWOLF:
Setting this up with a permanent tax base is for a long time. The danger from
West Nile virus is microscopic compared to the flu, in terms of the number of
deaths in the country.
PEDDYCORD:
This will likely run its course for five or six years, and then it will likely begin
to decline.
DEWOLF:
It is not going to be an easy task to pass anything. If we believe that we need
three or four years of funding for something like this, I would look for other
ways to fund it. If it is determined that we need a tax base, the only thing I
could support is a short-term levy.
PEDDYCORD:
In consideration of that, I would recommend that the Board pull the idea of a
fixed rate district from consideration, but keep an open mind about the
possibility of a levy option. We don't know exactly what rate yet; the 5.4 cents
proposed earlier is probably on the high side. It would provide good control
countywide, but we may not need that level of control here. Our experience
this summer will help us learn exactly what level of enhanced vector control we
need in the future.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 9 of 20 Pages
MIKE DALY:
Isn't the reason we are even considering this is to give residents the opportunity
to decide whether they want vector control? I would think that if we don't go
forward with something and we get hit with West Nile virus, there could be a
lot of people out there who are concerned. I've already had phone calls on this.
PEDDYCORD:
There are three basic things to think of regarding whether it is prudent to go
forward. The first is, whether the average citizen is concerned enough about it
to avoid going outside or to the lakes or streams in the area. The second reason
is if the local business community starts to experience a financial impact
because people are avoiding coming to Deschutes County or to Oregon because
of concerns of West Nile virus. The third and most important reason is that we
have actual human cases and are starting to see people show up in medical
offices or hospitals. We will learn this in the coming months.
DALY:
There's nothing we can do this summer. The only way we are going to get
funding for next summer is if we do something this year. We need to put this
out and let the voters decide what they want to do.
PEDDYCORD:
If we don't do this in November and put it off until next May, it would be too
late then to have funding for the larvaecide control, using a safe bacterial
product, rather than in the adult stage when you have to use pesticides. You
want to avoid that. The best way is to use the bacterial larvaecides, and it is a
much lower cost as well.
LUKE:
I reject the idea that there are no funds. The Commissioners can choose to use
reserve funds or can cut back departments. There are funds available without
going out to the voters. The question is, in the long run, what is the best way to
fund this.
CRAGHEAD:
You can put a ten-year limitation on a taxing district. The other thing is, even if
it passed this November there are no funds coming in until the following
November. You have to do a tax anticipation note to borrow against those
taxes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 10 of 20 Pages
Chair Daly opened the public hearing at this time.
John Salzer, President of Sunriver Homeowners Association, appeared before
the Board with Mike Brannon, past president who is familiar with vector
control. He read a statement at this time. (A copy is attached as Exhibit C.)
KAREN KISSEL:
I'm a concerned citizen. I'm a seven-year resident of the county, and this is the
first issue that I've ever come to a public hearing on. I have two small children,
and my husband and I have chosen not to inoculate our children.
LUKE:
The vaccinations are for horses only.
KISSEL:
I understand. Maybe in the future. We do not inoculate for anything, and I'm
thankful that I live in a state where we are allowed to do so. Therefore, I'm
concerned about anything that affects the entire community. My understanding
is the existing plan includes adult pesticides. I would appreciate you stepping
back and evaluating this issue to look at what is an appropriate way to address
this issue. I appreciate the educational component, and appreciate some of the
slower methods of addressing this.
We have a pond in our backyard and we choose to put mosquito dunk -its in the
pond so we don't have mosquitoes. And we've introduced fish. I would
promote addressing some of the lower standing issues and not going into a full
state of what I would call panic and fear. This could impact humanity as a
whole by introducing chemicals into our environment.
I grew up in an area where spraying was a regular occurrence, and I don't
promote that. I'm concerned that we are upping the ante very quickly here.
DEWOLF:
The thing I would point out is that we don't have a countywide plan. The Four
Rivers Vector Control District has had an ongoing program in the Sunriver area
for a long time. For the entire County, it is just under discussion at this time.
We want to take appropriate action and not overdo whatever we do.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 11 of 20 Pages
KISSEL:
As a concerned citizen, I would be glad to do whatever I can to help with this
process.
DALY:
Assuming this district is formed, are you against the larvaecide?
KISSEL:
I don't know. I prefer it over,the adult treatment.
DEWOLF:
It sounds to me like you are already using it in your pond.
KISSEL:
But I'm talking about community -wide. I don't want this overdone.
DEWOLF:
We have already studied the areas where these mosquitoes exist. We have been
giving this some thought for some time.
CRAGHEAD:
What she may be referring to is the executive summary printed for this, and it
was just a matter of what the possibilities are. Also, we would deliberately
exempt the Four Rivers District from t his, because you can't have two districts
for the same purpose in the same location. The plan was that in the future the
two districts would eventually merge.
JOHN ANDERSON:
I sent you a memo previously. (A copy is attached as Exhibit D.) I'm a retired
professor of entomology, and my specialty was the study of the biology,
ecology and behavior of blood -sucking insects and parasitic insects. I've been a
member of the American Mosquito Control Association for decades. And I
served on the Alameda County Mosquito Abatement District for twenty-five
years.
I don't support the formation of the district at this time. I spoke with Mr.
Peddycord about this. I think you got on the fast track with this vector control
district idea without having input from enough people with a background in this
issue.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 12 of 20 Pages
LUKE:
This is moving forward at this rate because if you want to form a taxing district,
you have to do it in an even -numbered year. If we don't do it in 2004, it would
have to be 2006. To put it on the November ballot, you a timeline you have to
follow. So we instituted this knowing that we were going to have public
hearings and were going to get input. If we didn't start the process when we
did, we would have no options. That was the problem.
ANDERSON:
I'm concerned that this will put people into a panic mode about West Nile virus.
There are a number of things that can be done if there is funding available.
Pesticides is the last thing you want to do. There is a lot of mosquito breeding
in irrigated areas, not just along the waterways.
LUKE:
We did a survey last year, and we are aware of where they are found.
ANDERSON:
You could use a more comprehensive survey.
No other testimony was offered.
LUKE:
I would like to continue the process, so that we can gather more information
and examine options.
DALY:
I agree. I'd like more input, with further hearings. We should keep our options
open.
LUKE:
I'm concerned that the cities said "no" without complete information.
PEDDYCORD:
I suggest that you don't pull the option off the table, but leave it up to the public
to decide in November. By that time we'll know if we're faced with a problem.
DEWOLF:
It could be for a limited time period, maybe a two or three year levy. I don't
want a permanent taxing district.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 13 of 20 Pages
This public hearing was continued to 10 a.m. Wednesday, June 16.
17. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2004-013, Text Amendments to Make Minor Changes to
Clarify Title 18 of the Deschutes County Zoning Ordinance.
Matthew Martin explained that this ordinance would correct inconsistencies and
clarify references throughout Title 18. The Planning Commission has
recommended approval.
Chair Daly opened the public hearing.
Being no testimony offered, he then closed the public hearing.
LUKE: Move first reading, by title only.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Chair Daly then conducted the first reading of the ordinance, by title only.
The second reading and adoption will be considered at the Wednesday, June 23
Board meeting.
18. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Decision Denying a Modification to a Site Plan (River
Meadows Homeowners Association).
CHRIS SCHMOYER:
If the Board wishes to hear this, a decision needs to be made as to whether it
would be de novo, limited de novo, or on the record; and a time and date certain
would need to be set.
DEWOLF:
It's not appropriate for us to hear this.
DALY:
I am concerned about the engineer's report that said that planting trees next to
the dike could weaken it.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 14 of 20 Pages
SCHMOYER:
The Hearings Officer didn't accept that argument. She felt the trees are
necessary to minimize the visual impacts.
DALY:
Everyone ignored the engineer's report, though. This could be one reason to
hear it.
SCHMOYER:
The trees were deemed necessary in the site plan.
LUKE:
Does the Department of Environmental Quality require screening of the
lagoon? The appeal has another route. They could do a new site plan. Part of
this is code enforcement. There are different things going on. They didn't
follow the existing rules and the site plan.
DEWOLF:
I don't think we should hear this.
LUKE:
The Hearings Officer did a good job. There are other options available. It
seems like DEQ and the engineer should discuss the issue regarding the trees.
DALY:
My only comment is the engineering report, where there is concern about the
trees ruining the lagoon.
LUKE:
That is a legitimate concern, and DEQ should address it. If it is a problem,
there is another process to deal with it.
DEWOLF: I move that we do not hear this.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 15 of 20 Pages
19. Before the Board was Consideration of Signature of Order No. 2004-040,
Placing a Ballot Measure before Voters on the November 2004 General
Election Ballot regarding the Formation of a Transit District.
Laurie Craghead explained that the City of Bend is still not ready with its
documents. Commissioner Luke said that he would like to have a work session
to address this item before it comes before the Board in a regular meeting.
20. Before the Board was Consideration of Signature of Document No. 2004-
195, an Agreement for Banking Services with Bank of the Cascades.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
21. Before the Board was Consideration of Signature of Order No. 2004-048,
the Monthly Cash Transfer Order.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
22. Before the Board was Consideration of Signature of Resolution No. 2004-
061, Transferring Appropriations within the Deschutes County General
Fund.
DE WOLF : Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 16 of 20 Pages
23. Before the Board was Consideration of Signature of Resolution No. 2004-
060, Increasing the Cash Change Fund in the Justice Court Office.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
24. Before the Board was Consideration of Signature of Letters Appointing the
Following Individuals to the Managing Board of the Black Butte Ranch
Service District: Tom Mayberry, Monroe Weinberg, and Carl Burnham,
Jr.; and the Reappointment of Warren Zielinski as Liaison Board Member
through July 1, 2005.
DE WOLF : Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
25. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
4,937.32.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 17 of 20 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
26. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $140.00.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
27. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $450,079.29.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
28. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Document No.
2004-236, an Intergovernmental Agreement between Deschutes County
and the Accountable Behavioral Health Alliance regarding Mental
Health Assessments, Treatment and other Services.
DEWOLF: Move approval, subject to legal review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 18 of 20 Pages
B. Before the Board was Consideration of Signature of Document No.
2004-237, Amendment #4 to State Contract #107206 regarding
Chemical Dependency Services under the Oregon Health Plan.
Roger Kryzanek said that this amendment was prompted by a recent court
ruling in regard to co -payments.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
C. Before the Board was Consideration of Signature of a Letter
Reappointing Dick Deatherage to the Board of Directors of Lazy River
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, the meeting adjourned
at 11:55 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 19 of 20 Pages
DATED this 9th Day of June 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
D nis R. Luke, Commissioner
Tom DeWolf,
Attachments
Exhibit A: Sign -in Sheet (1 page)
Exhibit B: Bicycle & Pedestrian Advisory Committee "Big Chainring" Awards Memo (2 pages)
Exhibit C: Letter from Sunriver Owners Association regarding Vector Control (2 pages)
Exhibit D: Letter from John Anderson regarding Vector Control (4 pages)
Minutes of Board of Commissioners' Meeting Wednesday, June 9, 2004
Page 20 of 20 Pages
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117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
Press Release: 2004 "Big Chainring" Award
The Deschutes County Bicycle and Pedestrian Committee has selected the 2004 "Big
Chainring" Award recipients. The awards will be presented before the Board of County
Commissioners at their Wednesday meeting at 10am on June 9th, at the County Board
Hearings Room, 1130 NW Harriman Street, Bend.
Accomplishments of this year's winners include:
Phil Meglasson - Special Achievement Award
Since his arrival in Deschutes County in 1976, Phil Meglasson has helped chart the
course of mountain biking in the region, from its infancy as a new sport to its prominent
place in Central Oregon today. With a handful of others, Phil established the first
mountain bike trails and ever since has volunteered thousands of hours designing,
constructing and maintaining numerous new trails throughout the area, in cooperation
with all willing area land managers. While others have come and gone from the scene,
at age 64, Phil is still actively volunteering with the Central Oregon Trails Alliance and
out riding mountain bikers half his age.
Village Bike Shop
Each Spring for the past 5 or 6 years, Brance Davidson, in conjunction with the Village
Bike Shop owner Mark Halvorson and staff member Chris Faith, works with Three
Rivers Elementary School staffer Brett Jantze to provide bicycle safety education
assemblies for approximately 450 K-8 students who live in the Sunriver area. The
Sunriver Resort shop provides helmets at cost to those students who are able to
purchase, donates helmets to those who would not be able to buy one, and gives $1
from every helmet sold to the school PTA. This safety education program is critical for
these children who bicycle here because (outside of the Sunriver Resort) it is a rural
high traffic area with no bike paths or sidewalks and many roads are narrow with
minimal shoulders. Thanks to help from the Village Bike Shop, these kids are learning
how to ride smart and be safe. This year they are also adding La Pine Schools to their
program.
Quality Services Performed with Pride
Exhibit
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Sisters Trail Committee
The Sisters Trail Committee was formed by the Sisters Community Action Team to
develop a community wide non -motorized trail plan. The Plan was developed over two
years with assistance from the National Park Service River and Trails group, several
public meetings and much public input. It was completed in late 2003, and the Trail
Committee is now moving forward to implement it. The Plan proposes the designation,
construction and maintenance of 142 miles of non -motorized "trails" within the Sisters
Community (including parts of Deschutes County) as designated by the Sisters School
District. These trails are actually a combination of shared roadways, shoulder
bikeways, multi -use paths, bike lanes, horse trails, foot paths and existing Forest
Service trails. The Trail Committee is now under the umbrella of the Sisters
Organization for Activities and Recreation (SOAR), the local recreation district. They
have applied for grants to begin implementing the trail system this year, with the
designation of trails on National Forest and the Tollgate -Sisters High School Trail being
the two high priority projects they are trying to fund and construct.
Beth -Ann Wesley
Beth -Ann has been an active cyclist and bike commuter for most of her life. Over the
past 12 years she has cycled to raise funds for various organizations, including the
American Diabetes and American Lung Associations, and the Multiple Sclerosis
Foundation. She hails from the Portland, Hillsboro and Beaverton where she previously
was a member of the Portland Wheelman and the Washington County Bicycle -
Pedestrian Advisory Committee. She has served on the Deschutes County Bicycle -
Pedestrian Advisory Committee for 3 years, volunteered as a member of the Central
Oregon Bicycle Transportation Alliance, and has been a Board Member with Commute
Options for one year. Beth -Ann is presently the Life Enrichment Coordinator at
Touchmark at Mt. Bachelor Village where she has the opportunity to share her love of
life, the outdoors and exercise with her residents, who are very active. She believes
that we can all make a difference in our community by walking, biking and carpooling
and tries very hard to choose those options as much as possible.
City of Bend Street Crew
Over the past several years, under the leadership of Brandon Raz, the City Street
Crews have stepped up efforts to make bike and pedestrian facility maintenance a
priority in Bend. Looking around the City each spring, you'll see sidewalks being
repaired, bike lanes swept free of cinders and potholes being repaired. As Bend
continues to expand the bicycle and pedestrian network throughout the City, the street
crews have an ever increasing number of feet of sidewalks and miles of bike lanes to
maintain. The Committee applauds their efforts to treat the cycling and walking
community with service equaling that afforded to drivers in town.
Steve Jorgensen
Senior Transportation Planner
Deschutes County - 383-6718
Exhibit 6
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On
SUNRIVER OWNERSo ASSOCIATION
MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING
AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES.
June 9, 2004
Board of County Commissioners
Deschutes County
1130 NW Harriman Street
Bend, Oregon 97701
Dear Board Members
The Sunriver Owners Association (SROA) has provided mosquito abatement services in
Sunriver for seventeen years. This program is strongly supported by our owners and
Sunriver businesses because of its importance to a resort area located in prime mosquito
habitat. Many people here still remember the years before we had systematic mosquito
control when outdoor spaces were virtually unusable at certain times of the year.
SROA is also supportive of efforts to control West Nile Virus should it appear in
Deschutes County. It is obvious to us that local West Nile cases would have serious
impacts on the Deschutes County tourism industry. However, SROA does not support
creation of the proposed Deschutes County Vector Control District at this time. We
recommend that the Board not place this proposal on the November, 2004 ballot.
It is our opinion that creation of this District as a preventative measure is overkill. We
believe a better approach would be to use the County's existing powers under ORS
Chapter 452 to control public health vectors. This approach would be consistent with the
West Nile Virus Executive Report and Comprehensive Plan (2/10/04) which provides for
surveillance, public education and source reduction activities prior to control activities.
The Plan also reasonably proposes a graduated response in implementing control
measures based on the level of risk.
We believe the County already has the tools to make such a graduated response and do
not believe the County has made the case that formation of a District is a necessary part
of the County's ability to manage the potential health threat posed by West Nile Virus.
One of the tools the County has that is probably not available to most other counties is an
existing contract with Four Rivers Vector Control District that allows the County to
obtain surveillance and control services.
We also think the intervening time between November of this year and the primary
election of 2006 will provide much valuable information that will assist the County in
forming a district in 2006, should that become necessary. A proposal to form a district in
2006 will have a much clearer definition of the nature of the West Nile Virus threat, and
the scope and costs of operating a district. We believe such a proposal would be more
likely to garner public support.
Exhibit C—
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P.O. BOX 3278 • SUNRIVER, OREGON 97707 • (541) 593-2411 • TOLL FREE (888) 284-6639 • FAX (541) 593-5669
SROA also opposes formation of a county -wide district at this time because of concerns
about how the district might affect our ability to continue the Sunriver mosquito
abatement program.
Our program is currently conducted under a pair of contracts between ourselves and the
County and between the County and Four Rivers Vector Control District. We appreciate
the County's assistance in setting up this mechanism to continue mosquito abatement
services in Sunriver when the previous method of directly contracting with the District
became unavailable to us.
However, we realize this is a stop -gap solution and are investigating long-term options
for continued vector control. One of these options is to annex to Four Rivers District. In
fact, this option was originally suggested by County staff and at least one Board member.
Inclusion of Sunriver in a county -wide district would effectively eliminate this option
from consideration. Merger of the Four Rivers and county -wide districts would make
annexation moot.
SROA is also concerned about how membership in a county -wide district might affect
the level of service available in Sunriver. The level of service in our current program
goes substantially beyond health hazard abatement. Will a county -wide district be able to
provide a comprehensive nuisance abatement program in Sunriver? Could a county -wide
district provide differential levels of service within district boundaries? Can a
mechanism be put into place whereby subdivisions of the county -wide district, such as
Sunriver, can arrange for special services not available in other areas of the district?
The equity of financing a county -wide district also presents concerns. Sunriver currently
pays approximately $50,000 per year for a comprehensive mosquito nuisance abatement
program. We would pay approximately $55,000 to finance the new district to provide
services that we would probably need to augment to retain existing service levels. Since
any independent program we might devise to provide comprehensive nuisance abatement
would duplicate district hazard abatement activities, Sunriver residents would be paying
twice for district services at a total cost much higher than the current cost.
As you can see, we have more questions than answers at this time and are reluctant to
support formation of a county -wide district without knowing the true impacts of its
formation on mosquito abatement activities in Sunriver. If the County chooses to place
district formation on the November ballot, would you consider excluding Sunriver from
district boundaries?
Although we do not support formation of a county -wide district, we are very supportive
of County efforts to address the potential threat of West Nile Virus and remain willing to
assist in any manner that does not jeopardize adequate mosquito control in Sunriver.
i cerely, Q
John H. Salz
SROA President
Exhibit 0
Page y of Z
9 June 2004
Memo
To: Deschutes County Commissioners
Fm: John R. Anderson, Prof. of Entomology (Emeritus) and Bend resident at: 61040
Minaret Circle, Bend, OR 97702.L11
Re: Proposed establishment of a Deschutes County Vector Control District.
Because of expertise accumulated during my research/teaching career as a
Medical/Veterinary Entomologist I am writing this memorandum to comment on the
perceived need to establish a Vector Control District in Deschutes County — a proposal
that I do not support at the present time.
My expertise related to this subject is that I am a retired Professor of Medical/Veterinary
Entomology who spent my professional career at the University of California, Berkeley,
CA. For further information about my professional qualifications please refer to the page
of Biographical Information attached to this statement.
Entomology is the study of insects and related arthropods, and my particular expertise in
entomology relates to the biology and behavior of various blood -sucking and parasitic
flies — including mosquitoes and the types of parasites they transmit. I also will mention
that for about 25 years I served on the Board of Directors of the Alameda County
(California) Mosquito Abatement District, and that I have been a member of the
American Mosquito Control Association for some 40 years.
Given what I know about mosquito -transmitted viruses, at this particular time I
recommend proceeding slowly on the concept of establishing a Deschutes County Vector
Control District for protecting humans from becoming infected with West Nile Virus
(WNV). Thus far this is the only rationale I have heard expressed to support
establishment of such a district. In my opinion, the low probability of WNV becoming a
public health problem in this area is not a logical criterion for establishing a Vector
Control District. If you wish to promote the idea of establishing such a district for the
abatement of pest mosquitoes, flies, wasps, etc. this would represent a different concept.
Because of the ecological conditions existing in Deschutes County I believe the
likelihood of even a few people becoming infected with WNV is very low. Furthermore,
as the spread of WNV across the United States has revealed, the presence of a Mosquito
Abatement District (or Vector Control District) has not prevented WNV from infecting
humans and domesticated animals. In spite of long-established, very well -funded
Mosquito Abatement Districts in places like New Jersey, Florida, Louisiana, Texas and
California, such places have experienced many human, horse and bird cases of WNV.
Exhibit '-T)
Page 1 of _
2
The reason for this is that these all are geographical areas having ecological systems that
are characterized by the presence of one or more indigenous (naturally -occurring) viruses
that are transmitted by native species of mosquitoes. As the transmission cycle of the
newly -introduced exotic WNV is ecologically similar to the transmission cycle of the
native viruses, and certain native species of mosquitoes were pre -adapted to act as
transmitters (=vectors) of WNV, WNV quickly became established in localized cycles of
transmission involving bird to mosquito to bird transmission.
In the above areas past research and survey data have revealed that native mosquito -
transmitted viruses infect humans and other animals on a fairly regular basis. However,
this has not happened in Deschutes County, or in neighboring counties. In Deschutes
County we have two naturally occurring mosquito -transmitted viruses that also exist
throughout much of the U.S. But historically, in this county and adjacent areas,
infections in horses have been rare, and infections have been nearly non-existent in
humans. (When such viruses spill out of their native enzootic cycles in birds infections
almost always appear in horses before they appear in humans.).
The indigenous mosquito -transmitted viruses that occur throughout the western states are
Western Equine Encephalomyelitis Virus and St. Louis Encephalomyelitis Virus.
Viruses like these are maintained in their natural wildlife (zoonotic) cycles every year by
mosquito transmission to their natural hosts. For most of these mosquito -transmitted
viruses the basic enzootic cycle of transmission is from bird-to-mosquito-to-bird-to-
mosquito- and so on. The mosquito species that transmit such viruses are called vectors,
and each geographical area usually has only one primary vector of a particular virus.
In their natural avian hosts (referred to as reservoirs of the viruses) these viruses rarely
cause disease. Nevertheless, in these birds the virus circulates in the blood at high
enough levels to infect certain species of mosquitoes. When these native viruses spill
over into exotic (accidental) hosts they may cause disease in some of the exotic hosts
(such as certain birds, horses and humans). But many exotic hosts that become infected
with such viruses exhibit no overt symptoms of disease. In any event, the exotic hosts are
dead-end hosts that do not circulate high enough levels of virus to infect mosquitoes. It is
important to note that these mosquito -transmitted viruses usually remain in their bird -
mosquito -bird -mosquito cycles because the species of mosquitoes in which the viruses
replicate exhibit a strong preference for feeding on birds. In different studies, blood meal
analyses of wild -caught vector species have revealed that 70 to 100% had fed on birds.
The likelihood of these mosquito -transmitted viruses spilling out of their enzootic cycles
in their natural reservoir hosts (the birds) — and to begin to infect exotic, unnatural hosts
like horses and humans is determined by a unique set of ecological conditions. The
amount of virus circulating in an ecological system depends primarily on the population
density of reservoir hosts, the population density of certain mosquito vectors, and the
prevailing temperature and relative humidity. These factors in turn are affected by
several secondary factors.
Exhibit i
Page Z of
Although two well -studied mosquito -transmitted viruses known to infect horses and
humans in western states are known to exist in Deschutes County (and in surrounding
areas), historically these have not caused a public health problem because this area
presumably has not experienced the ecological conditions for this to have happened.
(One must say presumably because I am not aware of any long-term epizootiological
studies conducted in this area.). Conversely, the Yakima Valley in Washington, and
several areas in California and other western states have experienced periodic epidemics
of native mosquito -transmitted viruses like Western Equine Encephalomyelitis Virus and
St. Louis Encephalomyelitis Virus.
Because the ecological conditions in this geographical area have not resulted in
epidemics of our naturally occurring mosquito -transmitted viruses I believe that it is
highly unlikely that we will experience an epidemic of WNV. West Nile Virus is
maintained in the same bird -mosquito -bird -mosquito cycle as our already present native
mosquito -transmitted viruses.
At this time I therefore recommend that Deschutes County personnel focus on
surveillance efforts to determine what areas are producing vector species of mosquitoes,
and what their relative abundance is in different areas, and to concurrently implement an
educational program to encourage property owners to eliminate the breeding sites of
mosquitoes. In ecological areas such as Deschutes County faulty irrigation practices
(resulting in standing water) usually are a main cause of mosquito production in fields
and ditches. Other surveillance efforts could enlist organizations like the Audubon
Society to provide information on where bird populations are most abundant, to look for
and turn in any dead birds found, etc. Agricultural Extension could assist in educating
owners of irrigated properties about how to eliminate mosquito -producing areas. In
implementing mosquito abatement measures the first actions taken should focus on
source reduction measures that will eliminate mosquito breeding areas. At the other end
of the spectrum, use of pesticides for mosquito control usually is considered as a last line
of defense.
I previously have met with Mr. Dan Peddycord, Deschutes County Health Department,
and offered to provide advice and assistance, and I am sending him a copy of this
memorandum. In addition to sending you this memorandum I plan to attend and speak at
your meeting of 9 June 2004, when the issue of a vector control district is scheduled for
discussion.
Exhibit T
Page _- of �f
Biographical Information
John R. Anderson, Professor of Entomology (Emeritus), University of California
(Berkeley, CA)
Present Address: 61040 Minaret Circle, Bend, OR 97702
Area of professional expertise: The biology/behavior of blood sucking/parasitic flies of
medical/veterinary importance — with hundreds of scientific research papers published in
numerous peer-reviewed journals.
Courses Taught (while active): Medical/Veterinary Entomology; Pest Management of
Vectors; and team instructor for Parasitology and Aquatic Entomology.
Professional Affiliations: American Association for the Advancement of Science;
Entomological Society of America; Entomological Society of Canada; Royal
Entomological Society (London); American Mosquito Control Association.
Awards & Honors: Elected Fellow of American Assoc. Adv. Science; Entomological
Society of America; and Royal Entomological Soc. (London); Entomol. Soc. Amer.
Woodworth Award for distinguished achievement in entomology; Univ. Calif. Berkeley
Citation for distinguished service.
Professional Affiliations: AAAS; American Mosquito Control Assoc.; Entomological
Soc. America; Entomol. Soc. Canada; Royal Entomol. Soc. (London).
Miscellaneous Scientific Administrative Experience (relevant to arthropod vectors of
pathogens): Past member of Alameda County Mosquito Abatement District Board of
Directors for 25 years, and past member of various scientific advisory panels for: Amer.
Mosq. Control Assoc.; World Hith Org.; Walter Reed Army Instit. of Res; U.S. Dept.
Agric.; Calif. Integrated Pest Mgmnt. Adv. Comm.
Exhibit P
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