2004-929-Minutes for Meeting June 23,2004 Recorded 7/2/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1004'929
COMMISSIONERS' JOURNAL
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2004-929
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.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 239 2004
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Tom De Wolf; Commissioner
Mike Daly was out of the office. Also present was Mike Maier, County
Administrator; Mark Pilliod, Mark Amberg and Laurie Craghead, Legal Counsel;
Gary Schrader and Laura Wolfe, 9-1-1; Tom Anderson, Paul Blikstad, and
Matthew Martin, Community Development Department; Sue Brewster, Sheriff's
Office; Dan Peddycord, Health Department; and Tom Blust and Dan Sherwin.
Also in attendance were Road Department; Susan Ross, Commissioners' Office;
Joe Sadony, Information Technology; Marty Wynne, Finance Department; media
representatives Chris Barker of the Bulletin and Barney Lerten of bend com and
The Bugle; and six other citizens.
Vice Chair Luke opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
Gary Schrader introduced Laura Wolfe, the new Director of 9-1-1. Laura then
gave a brief overview of her past experience.
2. Before the Board was a Discussion regarding Approval of Document No.
2004-062, an Intergovernmental Agreement between Bend Metro Park &
Recreation District and Deschutes County regarding Reversionary Clauses
on the "Canal Property" and the "Eastgate Property.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 1 of 12 Pages
Mark Pilliod said that an agreement previously approved by the Board
regarding the removal of a reversionary clause from Bend Park and Recreation
properties has been modified to exclude the Eastgate property. The sale of the
Eastgate property has been challenged by some of the neighboring property
owners, and negotiations are underway in this regard. Therefore, the agreement
will address only the Canal property.
Don Horton, Executive Director of the Park and Recreation District, advised the
Board that the acquisition of the Bend Pine Nursery is expected very soon, so
the timing is critical. The District needs to sell the Canal property in order to
purchase the Pine Nursery property.
DEWOLF: Move approval of the intergovernmental agreement in regard to the
reversionary clause on the Canal property, subject to final legal
review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2004-
260, an Intergovernmental Agreement for the Deschutes County Finance
Department to Provide Financial Services to the COLES (Central Oregon
Law Enforcement Services) Board.
Sue Brewster explained that the amount is the same as last year; the only
change is between what will be handled as direct and indirect charges.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2004-
262, an Intergovernmental Agreement between Deschutes County and
Bonneville Power Administration for Noxious Weed Management.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 2 of 12 Pages
Dan Sherwin stated that this agreement allows the County to begin treating for
noxious weeds along the power line easements.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
5. Before the Board was 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.
Dan Peddycord said that the State previously took away tobacco use prevention
funding and closed the program. The County sent a letter to the State returning
enforcement of the Act to the State. Now a scaled-down version of the program
has been reinstated, and the County is to enforce it once again. There are only a
few cases a year, which are complaint -driven. There are three stages in
handling a complaint, which usually originates in a workplace. The first step is
to send a letter to the proprietor. The second step is to talk with the proprietor
and perhaps form a work plan. The third step involves sending the complaint to
the State, at which time the County is taken out of the process.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
6. Before the Board was 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.
Dan Peddycord stated that the document has been changed and is similar to the
agreements covering environmental health and mental health programs.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 3 of 12 Pages
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
7. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2004-001, Amendments to the Exclusive Farm Use Zone
to Make It Consistent with ORS and OAR Standards.
Paul Blikstad said that this was a staff -initiated amendment, to bring Code
current with that of Oregon Revised Statute and Oregon Administrative Rules.
After a brief discussion, Commissioner Luke opened the public hearing.
Phil Philiben, Executive Director of the Friends of Deschutes County, stated he
was concerned about the definition of schools. However, it appears that the
definition covers K through 12, which is acceptable.
Mr. Blikstad said that the revisions follow Statute, word for word.
Being no other testimony given, Commissioner Luke closed the public hearing.
The proposed first reading of the Ordinance will take place on June 30, with the
second reading and adoption, by emergency, to occur on July 14.
8. Before the Board was 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.
DEWOLF: Move first and second readings of Ordinance No. 2004-015, by
title only.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
Commissioner Luke then did the first and second readings, by title only.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 4 of 12 Pages
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
9. Before the Boards was the Second Reading 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.
DEWOLF: Move second reading, by title only.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
Commissioner Luke then did the second reading, by title only.
DEWOLF: Move adoption.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
10. Before the Board was 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.
Susan Ross gave a brief overview of the fee schedule, and answered some
questions Commissioner DeWolf had.
The District Attorney's fees for copies of items on CD are higher than copies of
tape. The general fee schedule has them both at $5.00 each.
Legal Counsel has included a higher billable rate. Mark Amberg explained that
the indirect rate would go from $105 per hour to $145 per hour. An informal
study was done by the County's internal auditor, and he recommended that a
fully burdened budget be considered, including overhead, placing a factor of
20-30% downtown.
The third item of discussion was why the Clerk wants to charge 50 cents per
page for copies when everyone else charges 25 cents per page.
Commissioner Luke opened the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 5 of 12 Pages
Being no testimony offered, Commissioner Luke closed the public hearing
DEWOLF: Move adoption, with the reference to the District Attorney's cost
for CD copies and the Clerk's higher fees for copies being deleted.
The general fee should be followed for both.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
11. Before the Board was a Public Hearing regarding the Adoption of the
Deschutes County Budget for Fiscal Year 2004-05.
Marty Wynne gave a brief overview of the proposed budget.
Commissioner Luke opened the public hearing.
Being no testimony offered, Commissioner Luke closed the public hearing.
DEWOLF: Move approval of Resolution No. 2004-076, adopting the
Deschutes County budget for Fiscal Year 2004-05.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
DEWOLF: Move approval of Resolution No. 2004-077, imposing ad valorem
taxes for Fiscal Year 2004-05.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
12. Before the Board was Consideration of Signature of Document No. 2004-
164, a Lease Agreement between Deschutes County and the Deschutes
County Rural Fire Protection District #2 regarding the Lease of Property
for the County's Backup 9-1-1 Center.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 6 of 12 Pages
Gary Schrader stated that this formalizes the lease agreement for backup
facilities in the event that there is a system failure or the 9-1-1 center needs to
be evacuated.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
13. Before the Board was a Public Hearing, and Consideration of Signature
of Resolution No. 2004-082, Adopting and Continuing Fees and Charges
for Services for Fiscal Year 2004-05.
Commissioner Luke opened the public hearing.
Being no testimony offered, Commissioner Luke closed the public hearing.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$739915.22.
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $3,958.09.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 7 of 12 Pages
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
16. Before the Board was Consideration of Signature of Letters Appointing
Doug Seator and Reappointing Al Breaemer to the Sunriver Service
District Governing Board through June 30, 2007.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
17. Before the Board was Consideration of Signature of Resolution No. 2004-
079, Transferring Appropriations within the Sunriver Service District
Fund within the Fiscal Year 2003-04 Budget.
Bill Starks said that the Sunriver Service District approved this at their last
meeting. It covers additional PERS expenses, and takes into account the
pending ratification of the union contract and retroactive payments.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 8 of 12 Pages
DATED this 23rd Day of June 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Michael M. Daly, Chair
Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 9 of 12 Pages
Before the Board was Consideration of Signature of Order No. 2004-053,
the Year-end Cash Transfer Order for the Sunriver Service District for the
Fiscal Year 2003-04 Budget.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS, CONVENED
AS THE LOCAL CONTRACT REVIEW BOARD
18. Before the Board was Consideration of Signature of Order No. 2004-083,
Rejecting a Protest of a Proposed Award of a Contract for County
Stationery Printing.
Commissioner DeWolf said that the time to make the County aware of
problems with the bid proposal was before the bids closed. That would not be
appropriate or fair.
Commissioner Luke stated he supports those comments, and although a better
job could have been done, it was sufficient.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
19. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,165,119.86.
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 10 of 12 Pages
20. Before the Board were Additions to the Agenda.
A. Before the Board was Consideration of Signature of Resolution No.
2004-085, Authorizing Signature Authority for Kevin Harrison on
Behalf of Tom Anderson, Community Development, in Mr. Anderson's
Absence (June 26 — July 11, 2004).
Commissioner Luke said that he supports this resolution, but would like to
see the dates removed; there may be other times when Mr. Harrison will
need to sign on Mr. Anderson's behalf.
DEWOLF: Move approval, with the dates removed.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
B. Before the Board was Consideration of Authorization of a Partial Land
Use Application Fee Waiver (for Jim Johnson, regarding Rimrock
Setbacks).
Tom Anderson gave a brief overview of the waiver. He said that he is
comfortable that the cost of providing service will be covered by the reduced
fee. Commissioner Luke added that he doesn't want this to set precedence,
since Community Development is a fee -supported agency.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
C. Before the Board was a Discussion of a Parcel in the La Pine Industrial
Park.
Susan Ross stated that a 100 -foot strip of common area along the railroad in
the Industrial park. George Pacific is purchasing a large parcel from Crown
Pacific.
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 11 of 12 Pages
Discussions have taken place as to whether the strip of land, which allows
access to the railroad tracks, should be handled through an easement, a
license or a sale. The La Pine Industrial Group recommends the sale of the
property, which makes the most sense. George Pacific will pay for a survey.
DEWOLF: Staff is directed to proceed with the proposed sale.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Vice Chair votes yes.
Being no further items brought before the Board, Vice Chair Luke adjourned
the meeting at 11:45 a.m.
Being no further items brought before the Board, Vice Chair Luke adjourned
the meeting at 11:40 a.m.
DATED this 23rd Day of June 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
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Recording Secretary
Michael M..Paly, Chair
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Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Meeting Wednesday, June 23, 2004
Page 12 of 12 Pages