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2004-1009-Minutes for Meeting July 14,2004 Recorded 7/20/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS IBJ ZON-1009 COMMISSIONERS' JOURNAL 11111111 1111 111 07/20/2004 04:57:51 PM 2004-1000 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 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 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 149 2004 Commissioners' Hearing Room - Administration Building, First Floor 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf. Also present were Mike Maier, County Administrator; Jenny Scanlon, Juvenile Community Justice; Paul Blikstad, Community Development Department; Les Stiles, Sheriffs Office; Laurie Craghead, Legal Counsel; Charity Hobold, Parole and Probation; Laura Wolfe, 9-1-1; media representative Chris Barker of the Bulletin; and ten other citizens. Chair Daly opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was the Reading and Consideration of Signature of a Proclamation Declaring July 18 through 24 Probation and Parole Officers Week. Charity Hobold gave an overview of the purpose of the proclamation each year, and then read the proclamation to the audience. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 1 of 8 Pages 3. Before the Board was a Public Hearing and Consideration of Signature of Document No. 2004-272, a Services Agreement regarding the Provision of Juvenile Treatment Foster Care Beds. Jenny Scanlon explained that the County has been using the services of MapleStar of Oregon since 1998. Since state juvenile crime protection dollars are used, Legal Counsel advised that a request for proposal process should be followed. Since MapleStar is the only company located in Central Oregon that provides these specific services, an exclusion from the process has been requested. This is the reason for the public hearing. Chair Daly opened the public hearing at this time. Mike Maier stated that there have been no other interested parties. Jenny Scanlon added that a very specific model needs to be followed. Chair Daly then closed the public hearing. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was Consideration of Signature of Policy No. P-2004-110, Establishing Procedures for Addressing Violence in the Workplace. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was Consideration of Signature of Letters Appointing Allan Jones of La Pine (through June 30, 2008) and Mike Shirtcliff of Redmond (through June 30, 2005) to the Deschutes County Planning Commission. LUKE: Move approval. DEWOLF: Second. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 2 of 8 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was Consideration of the Second Reading and Adoption, by Emergency, of Ordinance No. 2004-001, Amendments to the Exclusive Farm Use Zone to Make It Consistent with State Standards. Paul Blikstad said that two e-mails were received, and he has responded to them. The concern was things that were added that were optional; however, the Planning Commission determined that the changes were consistent with state law. For instance, composting was added as it was felt this was mandatory through statute. Julie Eberhard Wheeler cited a statute in that regard; however, the statute is one that the County is not subject to, and this was explained to Ms. Wheeler. Mr. Blikstad stated that staff feels comfortable moving forward with the ordinance as written. The emergency status is included because the County needs to implement the mandatory rules, and there are some current applications holding for this. Commissioner Luke observed that nothing is being added that isn't already in state law. Citizen Gretchen Grivel was allowed to comment at this time. She said that some language is indicated as optional, such as solid waste composting. She questioned why this is being done on an emergency basis. Laurie Craghead said that there was some confusion in this regard. The emergency clause enacts the proposed ordinance. Optional means it makes something a conditional use, per state law. It would still require an application or administrative notice and decision, or a decision of the Hearings Officer. Ms. Grivel asked that if this passes, does it affect the current hearing. Ms. Craghead replied it only affects those submitted after its passage, and has no effect on the current application. State statute still applies to current applications; these changes just implement statute. DEWOLF: Move second reading, by title only. LUKE: Second. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 3 of 8 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly then conducted the second reading, by title only. DEWOLF: Move adoption, by emergency. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2004- 324, an Intergovernmental Agreement between Deschutes County and the City of Bend regarding Solid Waste Management. Mark Pilliod said that the agreement is basically final; there are some minor details being worked out with the City of Bend attorney. Mr. Pilliod recommended approval, subject to final legal review. The city probably won't have its ordinance completed for a couple of weeks, but would like to have the County's approval by next week. Gretchen Grivel asked, off the microphone, if the County is giving a financial agreement to the city in regard to rates, and rate hikes passed on to the haulers. Commissioner DeWolf stated that the County maintains tipping fees that are far below the state average; and the plans the County has in place maintain the low rates far into the future. If the City institutes rates over which the County has no control, or haulers charge more to cover their operating costs, the County cannot regulate this. Mike Maier added that the fee schedule is subject to a public hearing each year. It is anticipated that rates won't go up, but the haulers and city cannot be obligated for many years in advance. Commissioner Luke stated that setting fees is part of the budget process, subject to a separate hearing. Because the landfill can use material from the existing site, a rate hike is not anticipated anytime in the near future. Ms. Grivel said that she thinks it is premature to require haulers to take their flow to the County site. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 4 of 8 Pages Commissioner Luke replied that whether Knott Landfill is expanded and used for twenty-five years, or a transfer station is placed, these things aren't done without guarantees of product. That is the whole purpose of this agreement, to guarantee that the County can obtain funding. Ms. Grivel said that if you provide good service, you are guaranteeing business. Commissioner DeWolf observed that this viewpoint is very simplistic and not reasonable. If a hauler trucks product to another area, it may be good for them but it's bad for County citizens. Half of the fee goes towards recycling efforts, and the revenue lost would have to be absorbed by citizens. Commissioner Luke added that a specific level of recycling is required by the state - of the County, not the haulers or the cities. If a hauler were to go to Crook County, one-third of revenue would be lost at Knott Landfill. Since it is still Deschutes County's garbage, the County would still be required to do a certain percentage of recycling. The remaining users would have to pay additional costs to make up for that lost revenue. Ms. Grivel stated that other counties have dealt with it, but not by putting a landfill in the middle of town. Commissioner Luke replied that the landfill has been in that location for many years. And with a hearing coming up, the Board can't discuss this issue further. DEWOLF: Move approval, subject to legal review. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was Consideration of Approval of Document No. 2004- 164, the Deschutes County 9-1-1 Service District Operating Agreement. Laura Wolfe said that all original signatures of the various parties should be obtained by the end of the week. DEWOLF: Move approval LUKE: Second. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 5 of 8 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Document No. 2004- 164, the Deschutes County 9-1-1 Service District Operating Agreement. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $19485.17 (FY 2003-04) and $21,308.34 (FY 2004-05). LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Document No. 2004- 164, the Deschutes County 9-1-1 Service District Operating Agreement. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 6 of 8 Pages CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Document No. 2004- 164, the Deschutes County 9-1-1 Service District Operating Agreement. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $5,036.25 (FY 2003-04) and $573.57 (FY 2004-05). LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,838,285.26 (FY 2003-04) and $1,4129848.91 (FY 2004-05). LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 7 of 8 Pages 15. ADDITIONS TO THE AGENDA None were offered. Being no further items brought before the Board, Chair Daly adjourned the meeting at 10:40 a.m. DATED this 14th Day of July 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom beWolf, C issioner Minutes of Board of Commissioners' Meeting Wednesday, July 14, 2004 Page 8 of 8 Pages