2004-987-Minutes for Meeting June 30,2004 Recorded 7/14/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKOS CJ 1004.961
COMMISSIONERS' JOURNAL
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2004-887
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 BOARD MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 309 2004
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf.
Also present were Mike Maier, County Administrator; Laurie Craghead, Mark
Pilliod and Mark Amberg, Legal Counsel; Sue Brewster, Sheriffs Office; Tom
Blust, Road Department; Kevin Harrison, Paul Blikstad and Cathy White,
Community Development; Susan Ross, Commissioners' Office; Mike Dugan,
District Attorney, and Elaine Severson and Jeanie Young, Health Department.
Also in attendance were media representative Lily Raff of the Bulletin and eight
other citizens.
Chair Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
Commissioner Luke talked about the Oregon National Guard activation
ceremony that took place in Redmond on June 29. He said that the ceremony
was well attended, with good community support, and many businesses
contributed food, games and small personal items to the soldiers to take with
them.
Chair Daly showed the audience a plaque given to the County in regard to the
successful completion of the Millican Road project, which now ties Highway
20 East into Prineville.
There was no other citizen input offered.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 1 of 15 Pages
2. Before the Board was a Public Hearing, and Consideration of Signature of
Resolution No. 2004-080, Declaring an Exemption from Competitive
Bidding Requirements for the Juvenile Justice Department to Obtain a
New Food Service Provider.
This item has been delayed, but because the hearing was noticed, it was
appropriate to open it.
Chair Daly opened the hearing; and, being no testimony offered, he then closed
the hearing.
3. Before the Board was Consideration of Signature of Document No. 2004-
284, an Intergovernmental Agreement between Deschutes County and the
Crook Deschutes Education Service District regarding the Ready Set Go
Program.
Elaine Severson explained that this document renews the contract under the same
terms as the previous agreement, with a small increase in the nursing salary.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2004-
285, an Intergovernmental Agreement between Deschutes County and the
Redmond School District regarding Nursing Services to the Family Access
Network Wellness Program.
Ms. Severson stated that this agreement renews the plan, with a small salary
increase.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 2 of 15 Pages
5. Before the Board was Consideration of Signature of Document No. 2004-286,
a Clinical Affiliation Agreement between Deschutes County and Central
Oregon Community College regarding the COCC Nursing Program.
Jeanie Young said that this program involves mentoring student nurses, who
spend time with the Department obtaining public health experience.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was Consideration of Signature of Document No. 2004-
287, a Clinical Affiliation Agreement between Deschutes County and
Central Oregon Community College regarding Participation in the COCC
Allied Health Education Program.
Ms. Young stated that this program gives students experience in a clinic
environment.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Consideration of Signature of Document No. 2004-
288, an Intergovernmental Agreement between Deschutes County and the
Oregon Department of Human Services regarding the Self -Sufficiency
Program.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 3 of 15 Pages
8. Before the Board was the First Reading of Ordinance No. 2004-001,
Amendments to the Exclusive Farm Use Zone to Make It Consistent with
State Standards.
Paul Blikstad explained that he feels this portion of the Code is totally up to
date at this point. It includes amendments to guest ranch provisions and adjusts
the time period for approval of certain dwellings in the farm and forest zones.
LUKE: Move first reading of Ordinance No. 2004-001.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
At this time Chair Daly did the first reading of the Ordinance. The second
reading and consideration of adoption, by emergency, is scheduled for
Wednesday, July 14.
9. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Decision Approving a Proposed Road Dedication of Bull
Springs Road, Portions of Sisters Mainline Road, and a Private Road
("Loop Road") as a Local Access Road in the F-1 and RR -10 Zones
(Appellant: Sisters Forest Planning Committee; Applicant: Thomas)
Laurie Craghead advised that the applicant has extended the time period; this
was staffs recommendation as well. The appellant did not ask for a de novo
appeal, so it can be heard on the record if the Board so chooses. The Board
would look at what is in the existing record, including written arguments from
the parties; but no new evidence can be introduced. The Board would need to
review the information and convene to render a decision since this is a Code
interpretation issue; no public hearing would be held. However, the Board can
meet with staff to discuss what is in the record.
Commissioners DeWolf and Luke asked if it is possible to extend the time
period to mid or late September. After a brief discussion with the Board, Ms.
Craghead indicated she would contact the attorney to find out whether this
delay may be a problem.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 4 of 15 Pages
LUKE: Move that the Board hear this appeal on the record, with a decision
to be made no later than September 24, 2004.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board was Consideration of Signature of Order No. 2004-056,
Authorizing the Transfer of Funds from the Land Sales Fund.
Tammy Credicott said that the County has conducted some tax foreclosures, but
the properties involved are not desirable lots and may not be buildable.
Therefore, there has been no auction conducted and no income. However,
cleaning up some of the properties has resulted in expenses.
DE WOLF : Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was Consideration of Signature of Document No. 2004-289
and Document No. 2004-290, Amendments to Intergovernmental
Agreements Extending the Medical Ride Brokerage Program.
Susan Ross stated that both agreements need to be extended to June 30, 2005.
One agreement is with the State and the other is with Central Oregon
Intergovernmental Council, who administers the program.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 5 of 15 Pages
12. Before the Board was Consideration of Signature of Order No. 2004-052,
Approving the Year-end Cash Transfer for the Deschutes County Budget for
Fiscal Year 2003-04, and Directing Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was Consideration of Signature of Resolution No. 2004-
084, Approving the Year-end Transfer of Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2003-04.
Susan Ross stated that there were a few changes, such as additional funding to
cover the cost of printing the budget publication, and funding for materials and
services to cover a pass-through grant that wasn't appropriated.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
14. Before the Board was Consideration of a Public Hearing, and
Consideration of Signature of Resolution No. 2004-062, Adopting the 9-1-1
County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount and the rate.
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 6 of 15 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was Consideration of Signature of Resolution No. 2004-
063, Levying Ad Valorem Taxes and Making Appropriations to the 9-1-1
County Service District Budget for Fiscal Year 2004-05, and Directing
Entries.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$2,947.05.
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration A PUBLIC HEARING, and
Consideration of Signature of Resolution No. 2004-064, Adopting the
Extension/4-11 County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount and the rate.
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 7 of 15 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. Before the Board was Consideration of Signature of Resolution No. 2004-
065, Levying Ad Valorem Taxes and Making Appropriations to the
Extension/4-11 County Service District Budget for Fiscal Year 2004-05, and
Directing Entries.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
19. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,160.95.
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
20. Before the Board was Consideration A PUBLIC HEARING, and
Consideration of Signature of Resolution No. 2004-066, Adopting the
Black Butte Ranch County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount and the rate.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 8 of 15 Pages
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
21. Before the Board was Consideration of Signature of Resolution No. 2004-
067, Levying Ad Valorem Taxes and Making Appropriations to the Black
Butte Ranch County Service District Budget for Fiscal Year 2004-05, and
Directing Entries.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
22. Before the Board was Consideration of Signature of Resolution No. 2004-
086, Ratifying the Sunriver Service District's Contract with the
International Association of Firefighters.
Bill Starks, representing the Sunriver Service District, gave an overview of the
contract and how the figures were arrived upon. He said that there has been
little turnover since the District was formed. The union voted on and signed the
agreement on Monday, June 28.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 9 of 15 Pages
23. Before the Board was Consideration a Public Hearing, and Consideration
of Signature of Resolution No. 2004-074, Adopting the Sunriver Service
District Budget for Fiscal Year 2004-05.
Ms. Ross explained that the permanent rate is $3.45 per thousand; $2.91 is being
levied this year.
Chair Daly then opened the public hearing
Bill Starks added that the $2.91 rate is what was projected three years ago.
Being no further testimony, Chair Daly closed the hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
24. Before the Board was Consideration of Signature of Resolution No. 2004-
075, Levying Ad Valorem Taxes and Making Appropriations to the
Sunriver Service District Budget for Fiscal Year 2004-05, and Directing
Entries.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY
COUNTY SERVICE DISTRICT
25. Before the Board was Consideration A PUBLIC HEARING, and
Consideration of Signature of Resolution No. 2004-068, Adopting the Bend
Library County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount and the rate. This is for the repayment
of the debt service for the new Library building.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 10 of 15 Pages
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
26. Before the Board was Consideration of Signature of Resolution No. 2004-
069, Levying Ad Valorem Taxes and Making Appropriations to the Bend
Library County Service District Budget for Fiscal Year 2004-05, and
Directing Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE REDMOND
LIBRARY COUNTY SERVICE DISTRICT
27. Before the Board was Consideration of a Public Hearing, and
Consideration of Signature of Resolution No. 2004-070, Adopting the
Redmond Library County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount of the budget and the levy of the
bonded amount.
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 11 of 15 Pages
28. Before the Board was Consideration of Signature of Resolution No. 2004-
071, Levying Ad Valorem Taxes and Making Appropriations to the
Redmond Library County Service District Budget for Fiscal Year 2004-05,
and Directing Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
LIBRARY COUNTY SERVICE DISTRICT
29. Before the Board was Consideration a Public Hearing, and Consideration
of Signature of Resolution No. 2004-072, Adopting the Sunriver Library
County Service District Budget for Fiscal Year 2004-05.
Susan Ross gave an overview of the amount and the rate. There are thirteen years
remaining on the bonds.
Chair Daly then opened the public hearing. Being no testimony offered, he closed
the public hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
30. Before the Board was Consideration of Signature of Resolution No. 2004-
073, Levying Ad Valorem Taxes and Making Appropriations to the
Sunriver Library County Service District Budget for Fiscal Year 2004-05,
and Directing Entries.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 12 of 15 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
31. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $917,116.11.
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
32. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Document No. 2004-
292, an Agreement with Chris Hatlestad, M.D., to Provide Medical
Examiner Services.
Mike Dugan stated that he discussed this agreement with County Counsel,
who had some concerns regarding sections in the standard agreement that deal
with the vendor not being an agent of the County. Mr. Dugan explained that
under Oregon law, the medical examiner is considered an agent of the County.
Mr. Pilliod has contacted the State Medical Examiner for clarification.
Mr. Dugan also said that Mr. Pilliod brought up a question about having this
service go out for bid; however, it is typically difficult to fill the position. The
primary focus of the job is to review unattended deaths in the County, and
work with the County Health Department if the death is a result of disease. If
the cause of death is criminal in nature, the body is turned over to the State
Medical Examiner. The work basically involves consulting, with no autopsies
required.
DEWOLF: Move approval, subject to legal review.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 13 of 15 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
On another note, Mr. Dugan advised the Board that the trial of the individuals
involved in speed racing on Alfalfa Market Road last year that resulted in the
deaths of two teenagers starts on July 6. He has been told that a crew from
ABC TV's national news group plans to attend, and the case may be featured in
one of the network's prime time shows.
B. Before the Board was Consideration of Signature of Documents
Amending Two Intergovernmental Agreements with the Oregon State
Marine Board Contract, Increasing Funding to the County.
Sue Brewster said that one agreement increases the funding for the current
budget year; and the other increases the amount of funding for the coming
budget year.
DEWOLF: Move approval of both agreements.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
C. Before the Board was an Update regarding Upcoming Visit of the
County's Federal Lobbyist.
Commissioner DeWolf indicated that the federal lobbyist representative has
told him that some of the County's requests for grant funding are being
addressed by the various federal groups on July 8. Grants being considered
are obesity education through the Health Department, the early Head Start
program with the Commission on Children & Families, the at -risk girls
program through Juvenile Community Justice, and the Wickiup Junction
planning project through Community Development.
Commissioner DeWolf said that the Commissioners might want to help with
lobbying efforts for these grants through calls, letters and e-mails.
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 14 of 15 Pages
Being no further items brought before the Board, the meeting adjourned at
11:15 a.m.
DATED this 30th Day of June 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Daly,
Danis R. Luke, Commissioner
r
Tom DeW issioner
Minutes of Board of Commissioners' Meeting Wednesday, June 30, 2004
Page 15 of 15 Pages