2004-923-Minutes for Meeting June 21,2004 Recorded 7/2/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2004.923
COMMISSIONERS' JOURNAL 07/02/2004 10;26;29 AM
IIIIIIII II�IIIIIIIIIIIIIIIII III
2004-923
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.ora
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JUNE 21, 2004
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly;
also present were Mike Maier, County Administrator; Mark Pilliod and Laurie
Craghead, Legal Counsel; George Kolb, Road Department; Judy Sumners, Risk
Management; Angie Curtis, Commission on Children & Families; and Suzanne
Donovan, Mental Health Department. Also in attendance were Roger Everett,
Tom Anderson, Kevin Harrison, Paul Blikstad and Matt Martin, Community
Development; media representatives Barney Lerten of bend.com and The Bugle
and Chris Barker of the Bulletin; and eight other citizens.
Chair Mike Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-252, an Indemnity Agreement with USA Triathlon for
the Pacific Crest Triathlon Scheduled for June 26.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 1 of 9 Pages
3. Before the Board was a Discussion and Consideration of Approval of the
Deschutes County Phase III Community Plan Update.
Angie Curtis said this is a mandated plan.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-255, an Intergovernmental Agreement between
Deschutes County and the Bend -La Pine School District to Provide Mental
Health Therapists in the Schools.
Suzanne Donovan said that this continues the plan from last year; the only
change is the time frame.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-258, Amendment #2 to Contract #103966 with the
Oregon Department of Human Services, regarding the Family Based
Service Program.
Suzanne Donovan stated that this covers intensive family services and family
sexual abuse services, which were combined by the State. This amendment
further reduces amounts and closure dates.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 2 of 9 Pages
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-250, a Right -of -Way Dedication Deed for a Portion of
Antler Avenue, Located in the Oasis Drive Local Improvement District.
George Kolb said that this dedication is needed because the parcel didn't have
the required sixty feet of right-of-way.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-251, an Acceptance of a Road Dedication Deed for
Bowery Lane and Harris Way (Baba Lane).
George Kolb stated that one of the adjacent owners wants to partition, but found
out that Harris Way and Bowery Lane were previously dedicated but not
accepted by the County.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-080, Declaring an Exemption from Competitive
Bidding Requirements for a Food Service Provider for Juvenile
Community Justice.
This item will be addressed at the June 30 meeting.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 3 of 9 Pages
9. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-254, a Services Agreement between Deschutes County
and High Desert Management, for Food Services to Juvenile Community
Justice.
This item will be addressed at the June 30 meeting.
10. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-247, a Student Internship Affiliation Agreement with
the University of California — Berkeley Facilitating the Training and
Learning Experience for College Students Pursuing Public Health Careers.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-249 an Intergovernmental Agreement between
Deschutes County and the Oregon Department of Human Services
Reinstating the Enforcement of the Oregon Indoor Clean Air Act.
This item will be addressed at the June 23 Board meeting.
12. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-257, the Fiscal Year 2004-05 Financial Assistance
Agreement (#109329) between Deschutes County and the Oregon
Department of Human Services, for Basic Public Health Services.
This item will be addressed at the June 30 meeting.
13. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-253, an Amendment to the Contract between
Deschutes County and the Oregon Department of Environmental Quality
regarding Work on the La Pine National Demonstration Project.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 4 of 9 Pages
Roger Everett explained that there is a significant adjustment in the contract, as
the amount has been reduced. Adjustments have been made in next year's
budget to accommodate this in order to reflect the DEQ's underestimate of what
it would cost to provide these services. This will result in providing less
assistance next year; funding has been set up for the loan program from the
funds that remains.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-256, an Amendment to the Intergovernmental
Agreement between Deschutes County and the La Pine Water District
regarding Grant Funding for Water Facilities for the Newberry
Neighborhood.
Tom Anderson explained that the bids submitted for establishing water services
for the New Neighborhood and Wickiup Junction came back higher than
anticipated because the cost of PVC piping went up substantially. There should
be enough funds to complete the project, but the Federal grant requires a 5%
contingency that can't be covered. This change brings the cost up to the original
budgeted amount.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion of a Public Hearing on Ordinance No.
2004-001, Amendments to the Exclusive Farm Use Zone to Make It
Consistent with ORS and AOR Standards.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 5 of 9 Pages
Paul Blikstad stated that no changes have been made since the work session
with the Board on this issue. Laurie Craghead stated that the document is ready
for approval.
This item will be addressed at the June 30 meeting.
16. Before the Board was a Discussion of a Public Hearing and Consideration
of First and Second Readings and Adoption, by Emergency, of Ordinance
No. 2004-015, Completing the Rezone of 1.49 Acres in Terrebonne from a
Residential to Commercial District.
Paul Blikstad said that this affects the property where the old railroad depot is
located. No public hearing is required. Laurie Craghead added that in this
instance the Board must adopt the Hearings Officer's decision, if no appeal has
been filed.
This item will be addressed at the June 30 meeting.
17. Before the Board was a Discussion of the Second and Consideration of
Adoption of Ordinance No. 2004-013, Text Amendments to Make Minor
Changes to Clarify Title 18 of the Deschutes County Zoning Ordinance.
This item will be addressed at the June 30 meeting.
18. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Vern Walters, Carol Brewer, Beverly Lawlor, Ed
Lowery and Pat Laymen to the La Pine Community Cemetery Board.
Mike Maier said that the County has a responsibility for this cemetery.
Commissioner Daly asked about the Reese cemetery, which is located is
southern Deschutes County. Mr. Maier explained that it is a historical
cemetery, but the La Pine cemetery is still operational and the County is
required to govern the cemetery board.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 6 of 9 Pages
19. Before the Board was a Discussion of a Public Hearing and Consideration
of Signature of Resolution No. 2004-081, Adopting and Continuing Fees
and Charges for County Services for the 2004-05 Fiscal Year.
This item will be addressed at the June 30 meeting.
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-077, Levying Ad Valorem Taxes and Making
Appropriations of the Deschutes County Budget for Fiscal Year 2004-05,
and Directing Entries.
Commissioner Daly opened the public hearing.
Marty Wynne gave an overview of changes made in the proposed budget. A
brief discussion then took place.
No public comments were offered.
21. ADDITIONS TO THE AGENDA
Before the Board was Consideration of Signature of Resolution No. 2004-
078, Transferring Appropriations from the General Fund Contingency into
Adult Parole & Probation Fund.
Mike Maier explained that this transfer covers the payoff that is required for
those people changed from non-exempt to exempt status.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS, CONVENED
AS THE LOCAL CONTRACT REVIEW BOARD
Before the Board was a Public Hearing to a Consider a Protest of an Intent to
Award a Contract for the Printing of Basic County Stationery.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 7 of 9 Pages
Mark Pilliod provided an overview of the protest.
Commissioner Daly opened the public hearing.
Richard Boren, the owner of Minuteman Press, spoke. He said that he wanted to
clarify that this isn't a case of him against another company; he just wanted the
Board to review the process.
His position was that the bid packet was unclear, and should have been drafted
according to industry standards, such as a construction bid packet would be. He
suggested that the County should have hired a consultant to put the bid packet
together.
Commissioner DeWolf asked if concerns about inconsistencies were brought up
before the bid closing date. Mark Pilliod said that the testimony Mr. Boren just
provided was inconsistent with the letter of protest. If there were concerns or
complaints about the details, they should have been brought up before the bids
were closed. Those concerns are not relevant at this point. He also said that a full
color logo was included in the packet, which the other bidders understood was to
be used as a guide; Mr. Boren bid on two color printing instead. Mr. Boren is also
required to show that his bid was the lowest responsive bid, which isn't the case.
Commissioner DeWolf stated that even if the bid packet wasn't completely clear
regarding industry standards, none of the other bidders seemed to be confused.
Mark Pilliod added that other bidders were disqualified, but not because of the full
color requirement.
Commissioner Luke said that he doesn't like the process, and although Mr. Boren
brought up some good points, he hasn't made a case for this.
ADDITIONS TO THE AGENDA.
Before the Board was a Discussion of Proposed Millican Road Fencing.
Patricia Gainsforth of the Deschutes Soil and Water Conservation District
discussed the proposed Millican Road fencing issue. They indicated that there is a
concern about the safety of drivers on that road. They and the Board then
discussed the possibility of using Taylor Grazing funds for this project.
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 8 of 9 Pages
Crook County is relying on federal grant funds for their portion of the fencing.
Federal funds could be used by Deschutes County for the project, but those funds
cannot be used to reimburse Taylor Grazing funds.
Mike Maier voiced concern about using all of the Taylor Grazing funds for this
proposal; usually they are used for smaller projects.
Jeff Rola discussed this issue with the Board further, giving an overview of the
amount needed and how the Taylor Grazing funds would be used.
DEWOLF: Move approval of the Conservation District's application, which is not
to exceed $7,000.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 11:35 a.m.
DATED this 21St Day of June 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
&WL�L6Lk,4
Recording Secretary
D nnis R-.-LA—e,/Commissioner
Tom DeWolf, Co ner
Minutes of Board of Commissioners' Work Session Monday, June 21, 2004
Page 9 of 9 Pages