2004-1072-Minutes for Meeting August 09,2004 Recorded 8/10/2004DESCHUTES COUNTY OFFICIAL RECORDS r} nA
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
08/10/2004 04;11;OY PM
I IIIIII II IIII
I�IIIII IIIIIII
004-30 Z
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
L
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) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 9, 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly and Tom DeWolf; Commissioner
Dennis R. Luke was absent. Also present were Mike Maier, County Administrator;
Joe Studer, Forestry Specialist; Mark Amberg and Mark Pilliod, Legal Counsel;
Sue Brewster, Sheriff's Office; Tom Anderson, Ed Pecoraro, Catherine Morrow
and Paul Blikstad, Community Development Department; Anna Johnson and
David Givans, Commissioners' Office; Judy Sumners, Risk Management; Dan
Peddycord, Health Department; media representatives Barney Lerten of bend. com
and The Bugle, Molly Henrickson of Z-21, and Chris Barker of the Bulletin; and
fourteen 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 a Discussion and Consideration of Signature of
Resolution No. 2004-091, Naming a Bridge the Robert D. Maxwell
Veterans Memorial Bridge.
Ed Pecoraro gave an overview of the process followed to this point.
Commissioner Daly introduced Bob Maxwell, and read a list of the medals that
have been awarded to Mr. Maxwell.
DEWOLF: Move approval of the Resolution, with honor.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 1 of 12 Pages
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
The dedication ceremony will be held on September 11; invitations will be sent
out with appropriate maps, and the public is invited.
Bob Maxwell stated that he is honored my name chosen; and is glad that it will
be called the Veterans Memorial Bridge.
Commissioner DeWolf said that he unfortunately can't attend the event, but
will be there in spirit. He added that he appreciates Mr. Maxwell's dedication
to this country.
3. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-063, Changing the Name of Squaw Mountain Lane to
Diamond Peak Lane.
Ed Pecoraro said that the County is required by state law to make this type of
change. Commissioner DeWolf explained that this term is very offensive to
many Native Americans and is glad to see these changes taking place.
4. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-068, Changing the Name of Hooter Road to Snowberry
Lane.
Ed Pecoraro stated that this road sign keeps getting stolen; this happens
approximately five or six times a year, and the stop signs are also affected in
that location when this occurs.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2004-
339, an Addendum to a Services Contract between Deschutes County and
East Cascades Women's Group regarding Health Services.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 2 of 12 Pages
Dan Peddycord said this is the fifteenth year for HealthyStart. The program
covers about 300 infants per year; and nearly 28% of all births in the County are
handled through this program. It's a very unique program, entirely funded
locally. No child in County should be born without adequate prenatal and
delivery services; and since the beginning of this program, Deschutes County
has one of the lowest low birth rates in the country. This is the fifth and final
year with this group; a new contract will be required next year.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of a
Memorandum of Understanding between Deschutes County and the
Sheriff Office Employees' Association regarding the Use of E -Mail.
Sue Brewster stated that this is an addition to bargaining agreement. It's more
restrictive than County computer policy. The Association proposed it; they
wanted clarification how it can be used. No e-mail was being used when the
contract originated.
Mark Amberg added that the agreement covers using copiers, phones, etc. but
not e-mails. This clarifies permissible uses for computer e-mails.
Commissioner DeWolf asked about whether the other unions have similar
clauses. Mr. Amberg said that they don't at this point; the change was
requested by the Sheriff s Office Employees' Association. Mr. Amberg further
stated that they are entitled to use it for incidental use, but clarification was
needed. It needs to be during breaks and off -hours, and clarifies the type of e-
mails that can be sent over the system.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 3 of 12 Pages
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-375, an Indemnity Agreement for the "Tumalo Block
Party" Fundraising Event for Tumalo School.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-374, a Services Agreement Renewing the Drive 2
Survive Skid Car Program.
Judy Sumners said that Mark Pilliod wants this handled through a RFP bidding
process. This is the third year of the contract, and there aren't many out there
doing this type of work.
This item will be addressed at the Wednesday, August 11 Board meeting.
9. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-351, a Release of Utility Easement Terminating a
Utility Easement across Property Owned by Bend Associates, LLC (off
Hunnell Road).
George Kolb said that in 1997 Hunnell Road was vacated; language regarding
utility easements was standard. Bend Associates asked that a portion be
vacated. This terminates any utility easements that might exist on the property.
No response from the utility companies has been received.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
10. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-090, Initiating Legalization Proceedings for a Portion
of Sisemore Road.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 4 of 12 Pages
George Kolb stated that the Road Department was approached regarding a
partition. The location of Sisemore Road is different from what was established
in 1882. In 1913 Crook County began proceedings to legalize the road. Shortly
thereafter Deschutes County was formed and the process was not completed.
The people wanting the partition are paying for a survey and other costs, and a
land use process is still required to allow them road frontage. The road is there
and is maintained; this is a paperwork issue.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-065, Directing Sisemore Road to be Surveyed, and Setting
a Public Hearing for September 22, 2004.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-377, a Web Services Agreement with the Association of
Oregon Counties regarding Community Wildfire Protection Plan Rapid
Assessment.
Joe Studer said that this is a follow up to letter that was sent to the Board. The
original cost proposed for the website was $3,600. After discussions, it was
determined that use of this website will be at no cost. County I.T. staff has
indicated that the website is a good one.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 5 of 12 Pages
13. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-378, a Web Services Agreement with the Association of
Oregon Counties regarding Title II and Title III Information.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
14. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-379, a Letter Appointing County Forestry Specialist
Joe Stutler as the County's Liaison for the Incident Management Team.
Joe Stutler said that this allows for a tie-in with the MAC group, making him
liaison officer for the Board in the event of an incident.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion of a Public Hearing on Ordinances No.
2004-017 and 2004-018, regarding an Expansion of the Bend Urban
Growth Boundary.
Catherine Morrow stated this is part of a periodic review task for the City.
Upon adoption by City, the County is requested to make the same changes. The
City amended its plan map, and has asked that the County do the same. Notice
has been provided to all parties as appropriate. The staff report also explains
that the County Planning Commission's recommendation is slightly different
than that of the City's Planning Commission.
The County's Planning Commission though that the amount of land to be zoned
industrial should be limited to 300 gross acres. This is based on information
contained in the economic lands studies and testimony received regarding the
amount of industrial land actually needed. The other concern of the County's
Planning Commission was making sure that a master plan will be developed.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 6 of 12 Pages
Ms. Morrow stated that she thinks the intent of the Planning Commission's
recommendations is being met. The land will be zoned as urban reserve until
such time as it is annexed into the City. The City has a contract with OTAK
consultants to develop a master plan for this parcel and the remainder of City -
owned land, totally about 1.,500 acres. The master plan process is ongoing, with
public hearings and involvement. The Board also signed an order earlier in the
year specifying that a master plan is required.
Brian Shetterly of the City stated that it will be brought in but not zoned until
the process is done. The next step is submittal to the State DLCD.
Ms. Morrow then submitted into the record a letter dated July 30, 2004 from
Central Oregon Irrigation District regarding access and the canal easement.
This item will be addressed at the Wednesday, August 11 Board meeting.
16. Before the Board was a Discussion and Consideration of Signature of a
Decision regarding File #DR -02-2, a Declaratory Ruling for Side -yard
Setbacks in the F-2, Forest Use Zone (Applicant: Dowell).
Paul Blikstad explained that this came before the Board in August 2002. There
have been numerous continuances by application, feel we are ready to go with a
written decision. Has been reviewed by Legal Counsel and staff. If it goes
beyond the County in an appeal, it will be argued not by the County but by the
applicant's attorney.
This item will be addressed at the Wednesday, August 11 Board meeting.
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-070, Accepting Petition and Setting a Date for a Public
Hearing for the Annexation of Cascade Highlands LLC Property into
Deschutes County Rural Fire Protection District No. 2.
Mark Amberg stated that this order would accept the petition and set a hearing
date for September 8.
This item will be addressed at the Wednesday, August 11 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 7 of 12 Pages
18. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-067, Regarding a Proposed Bend Area Transportation
District - Formation and Placement on the November 2004 General
Election Ballot.
Mark Pilliod said that a memo from Laurie Craghead to Paul Blikstad was
received today and is to be included in the record.
Wanda Gray of the City of Bend stated that the City of Bend Council pulled the
business license tax off this proposal. It is still being considered in another
way, for other purposes.
Commissioner DeWolf said that Interim City Manager Ron Garzini wanted to
include the business license tax in the funding mechanism to keep the rate
down. The Council still wants to proceed with the license tax but not apply the
proceeds to this issue.
Mark Pilliod stated that the City has provided a copy of their projected ten year
budget and maps.
Commissioner DeWolf said that the County is required to put this on the ballot.
It is the City's proposal. Deschutes River Woods was added and the routes
make sense.
This item will be addressed at the Wednesday, August 11 Board meeting.
19. Before the Board was a Discussion and Consideration of Signature of an
Intergovernmental Agreement between Deschutes County and the City of
Bend in Regard to Solid Waste Flow Control.
Commissioner DeWolf stated that with the seven-year rolling contract and with
the inclusion of the health and safety clause for cause, nothing else has been
altered in the City agreement.
This will be addressed further at the Wednesday, August 11 Board meeting.
20. Before the Board was a Discussion and Consideration of Signature of an
Intergovernmental Agreement between Deschutes County and the City of
Redmond in Regard to Solid Waste Flow Control.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 8 of 12 Pages
Mark Pilliod said that there are still some issues to be worked out with the City
of Redmond regarding several clauses.
This item has been postponed until some issues can be clarified.
21. Before the Board was a Discussion and Consideration of Signature of
Policy No 2004-109, Revising the Employee Travel, Meal and
Miscellaneous Expense Reimbursement Policy to Comply with Current
IRS Guidelines.
Mike Maier said that changes were made per the Commissioners' request.
Commissioner DeWolf asked about the reimbursement rate for Salem, which is
not included in the information provided by the IRS. Mark Pilliod stated that this
policy would not include how reimbursement rates for Salem might be handled.
This item will be addressed at the Wednesday, August 11 Board meeting, if Mr.
Wynne is available at that time.
22. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2004-111, Revising the County's Investment Policy Guidelines.
Commissioner DeWolf said that this policy changes maturities to go beyond 18
months, at a minimum risk; and includes the ability to make a little more money
on short term funds. Mike Maier added that the Investment Advisory
Committee has recommended adoption of this policy.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-100, Transferring Appropriations within the Deschutes
County General Fund (Materials and Services to Capital Outlay).
DEWOLF: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 9 of 12 Pages
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
24. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-089, Declaring the County's Intent to Reimburse
Expenditures for Local Improvement Projects with the Proceeds of Future
Issues of Bonds or Obligations.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
25. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-097, Transferring Appropriations within the
Deschutes County General Fund (Adult Parole & Probation).
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
26. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-098, Transferring Appropriations within the
Deschutes County Sheriffs Office Fund.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
27. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-101, Transferring Appropriations within the
Deschutes County Sheriffs Office Fund (Computer Software).
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 10 of 12 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
28. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-069, Transferring Cash among Various Funds as Budgeted
in the Deschutes County Budget for Fiscal Year 2004-05, and Directing
Entries.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
29. Before the Board was Consideration of Signature of Resolution No. 2004-
094, Authorizing the Operating Fund to Borrow from the Reserves Fund.
Bill Starks of the Sunriver Service District and Bill Chapman, Budget Officer.
Same as last year, take avail cash from cap reserve and use for tax participation
bonds, to repay by end of year. Gets the District to November when taxes are
paid.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
30. Before the Board was Consideration of Signature of Resolution No. 2004-
095, Requesting PERS to Allow Sunriver Service District Employees to Use
Accumulated Sick Leave to Increase the Retirement Allowance.
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 11 of 12 Pages
Oregon Statute allows for rollover of sick leave dollars into calculation of final
salary. All compared provide for this possibility, part of contract negotiations.
Bd approval needed for this to proceed.
DEWOLF: Move approval.
DALY: Second.
VOTE: DEWOLF: Yes.
DALY: Chair votes yes.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
31. Before the Board were Additions to the Agenda.
Being no further items brought before the Board, the meeting adjourned at
11: 15 a.m.
DATED this 9th Day of August 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
L n
61kv�- -
Recording Secretary
r�1 av ✓
� ffChair w-x�`
Dennis R. Luke, Co ssioner
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Work Session Monday, August 9, 2004
Page 12 of 12 Pages