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2004-987-Minutes for Meeting June 30,2004 Recorded 7/14/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKOS CJ 1004.961 COMMISSIONERS' JOURNAL 1111111111111111111111111111111 O1/i4/Z004 OZ;33;56 PM 2004-887 DESCHUTES COUNTY CLERK CERTIFICATE PAGE C This page must be included if document is re-recorded. Do Not remove from original document. 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