2004-1144-Minutes for Meeting August 23,2004 Recorded 8/30/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKOS
COMMISSIONERS' JOURNAL
08/30/2004 08.15;50 AM
11111111111)1111111111111111111
2004-i
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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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 23, 2004
Commissioners' Hearing Room - Administration Building - 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; Legal Counsel Mark
Amberg and Laurie Craghead; Tom Anderson, Catherine Morrow, Steve
Jorgensen and Matthew Martin, Community Development; Dave Peterson,
Information Technology; Jim Ross, Sheriff's Office; Timm Schimke, Solid Waste
Department; Lori Hill and Ron Tamminga, Mental Health Department; Tom Blust,
George Kolb and Gary Judd, Road Department; Susan Ross, David Givans and
Anna Johnson, Commissioners' Office; Dan Peddycord, Health Department; and
Laura Wolfe, 9-1-1.
Also present were media representatives Barney Lerten of bend. com and The
Bugle, and Chris Barker of the Bulletin; along with ten other citizens.
Chair Mike 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
Document No. 2004-382, the Renewal of a Real Property Lease for the
Sisters Sheriff Substation.
Jim Ross explained that negotiations were conducted but the cost of leasing the
facility has gone up $173 per month to be more in line with what is typical in
the area.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 1 of 12 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-396, a Lease Agreement for the State of Oregon to
Utilize Space in the Deschutes County Computer Room.
Dave Peterson indicated that space has been requested by the State for their
statewide election system; they would like Deschutes County to be one of the
sites. They would lease 36 square feet at $6,000 per year, beginning on
September 1. Access will be controlled through the issuance of electronic
badges.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Discussion of a Public Hearing on an Exemption
from the Competitive Bid Process for Youth Mentorship Services
(Construction of Low Income Housing in Conjunction with Habitat for
Humanity).
This item will be addressed at the Wednesday, August 25 Board meeting.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-387, Youth Mentorship Services through Habitat for
Humanity.
This item will be addressed at the Wednesday, August 25 Board meeting.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 2 of 12 Pages
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-397, an Amendment #1 to the Financial Assistance
Contract with the State of Oregon (regarding Termination Dates and
Ownership of Intellectual Property).
Dan Peddycord explained that the State wants to add how the contract can be
terminated. If the State is not providing funding as required by the contract, the
County can terminate the contract. However, this termination clause holds both
parties accountable.
In regard to ownership of intellectual property, this change gives Deschutes
County the right to use, copy and distribute information as appropriate.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-402, Amendment #2 to the Financial Assistance
Contract with the State of Oregon (regarding Bioterrorism Preparedness
and Information Security Enhancement Equipment).
Dan Peddycord gave a brief overview of the amendment, which provides
funding for software and hardware. Commissioner Luke asked that a
representative of Information Technology attend Wednesday's meeting to
answer a few questions.
This item will be addressed at the Wednesday, August 25 Board meeting.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-395, a Services Agreement with Hilltop Health Care of
Oregon to Provide Mental Developmentally Disabled Health Services.
Ron Tamminga said that the Summit Assisted Living Center was sold to
Hilltop. Service for the one County client will be maintained at the same rate.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 3 of 12 Pages
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-091, Appointing Scott Johnson as Grant
Administrator for Mental Health County Financial Assistance Grant
Agreements.
The Commissioners asked that this item be delayed, since Mr. Johnson has not
yet begun his new position and is currently out of town.
This item will be addressed at a meeting sometime after September 13.
10. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-370, an Intergovernmental Agreement with the USDA
regarding Wildlife Services.
Timm Schimke explained that this is the annual agreement for wildlife services,
both inside the landfill area and throughout the County as needed.
This item will be addressed at the Wednesday, August 25 Board meeting.
11. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-371, an Intergovernmental Agreement with the
Department of Energy/Bonneville Power Administration regarding Tree
and Brush Control.
Timm Schimke has an easement over a corner of the landfill. Typically the
BPA removes all vegetation, but the County would like to keep the pine trees
that are growing there. The County is agreeing to keep the trees and brush
maintained, and the weeds down.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 4 of 12 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-072, Establishing Service Levels and Rates for Franchise
Collection of Waste and Recyclables in Deschutes County.
Timm Schimke explained that state law established a 45% diversion goal for
Deschutes County by 2009. Part of that program is a plan that helps the County
reach that goal. One proposed program is for twice a month curbside collection
of recyclables outside of the city limits, excluding glass items and used motor
oil. The collection fee to customers will increase about $4 per month, effective
November 1. This fee is not optional; all customers in the service area will be
charged; however, this doesn't affect customers living in the distant rural areas.
Primarily the areas affected are Terrebonne, Eagle Crest, Deschutes River
Woods, Woodside Ranch, Conestoga Hills, Sundance Ranch and similar
subdivisions and areas.
Eric Brownrigg of Cascade Disposal added that not including used motor oil or
glass allows the customers to use a roll cart. Automated collection helps to
keep the program affordable since existing equipment can be used for backup
purposes.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-092, Accepting Petition to Initiate the Vacation of the
Alley between Ash Street and First Street, La Pine.
George Kolb said he did a site visit, and there is no road and no utilities in this
alley, and the same people own the property on both sides. This will allow
them to build.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 5 of 12 Pages
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-064, Vacating the Alley between Ash Street and First
Street, La Pine.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-096, Initiating the Rancho El Sereno Local
Improvement District.
Gary Judd explained that petitions were received from ten property owners.
This will be their second try to get the roads improved through a vote of the
owners.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-102, Initiating the Pinewood Country Estates Local
Improvement District.
Gary Judd stated that a petition has come in from fourteen owners of the thirty-
eight lots. This area is located at the end of Lazy River Drive.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 6 of 12 Pages
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
17. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-099, Initiating the Donner Place Local Improvement
District.
Gary Judd said that this area is a small cul-de-sac located off Huntington Road,
outside of La Pine.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-071, Accepting Road Improvements and the Engineer's
Report, and Setting a Hearing on the Final Assessment for Improvements
to Bull Bat Lane Local Improvement District.
Gary Judd said that this district is located in southern Deschutes County, off
Day Road. The hearing has been set for September 29. He has received letters
from property owners stating that they are very satisfied with the work that's
been done.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 7 of 12 Pages
19. Before the Board was a Discussion of a Public Hearing regarding File #TA -
04 -6, Amendments to the La Pine Storm Water Management Plan.
Steve Jorgensen explained that this Ordinance would amend Table A, removing
curb requirement in the Plan and adding the ability to have a swale design. This
was discussed previously, but there was no need to take action until new
subdivisions started coming in. Dry wells aren't allowed per the State, and
curbs can't be done because they channel too much water. The swale design
would control runoff from the roads.
This item will be addressed at the Wednesday, August 25 Board meeting.
20. Before the Board was a Discussion of a Public Hearing on a Proposed Plan
Amendment and Zone Change regarding File #PA -03-4 #ZC-03-2 for an
EFU-zoned Parcel Located North of Bend.
Matt Martin said that the Board is required to hold a hearing, as the request was
for an exception to statewide planning goals and was turned down by the
Hearings Officer. If the Board decides against the change, which would
reclassify agricultural land to rural residential, and from EFU to MUA. This
property borders County -owned and BLM lands.
Commissioner Daly asked if a site visit would be appropriate. Laurie Craghead
said that if the Commissioners go at the same time, it will be need to be posted
as a public meeting. Observations should be put in writing for inclusion into
the record.
Matt Martin explained that notice was published in the Bulletin in a timely
manner; however, due to an oversight the letters to parties of interest did not go
out a full ten days in advance as required. Ms. Craghead indicated that it may
be possible to mitigate this error by allowing more time for testimony; however,
a notice may be required. This can be discussed further at the hearing on
Wednesday.
This item will be addressed at the Wednesday, August 25 Board meeting.
21. Before the Board was a Discussion and Consideration of Adoption of an
Amendment to the County Comprehensive Plan in regard to Adopting the
County Coordinated Population Forecast.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 8 of 12 Pages
Catherine Morrow said that there was a public hearing held on July 28, and the
record was left open for written comments. As a result of testimony at the
hearing, the staff of the City of Redmond and the City of Sisters have made
adjustments to their findings.
The City of Bend submitted additional information, in most part related to the
water supply; they felt this documentation would be helpful if this issue ends up
before the Land Use Board of Appeals.
This item will be addressed at the Wednesday, August 25 Board meeting.
22. Before the Board was a Discussion and Consideration of Written
Testimony and Deliberation on Ordinances No. 2004-017 and 2004-018,
regarding an Expansion of the Bend Urban Growth Boundary.
Catherine Morrow stated that this is a legislative matter, and gave an overview
of the testimony received from several groups and individuals.
Commissioner Luke asked if the County would be an active player in the
development of Phase II. Ms. Morrow said that the City has a contract with
OTAK to come up with a master plan of the area, and that County staff is on
various committees that remain involved in this issue. The property is now
zoned EFU, and will not come back before the County after it is a part of the
City. Representatives of Cascade Pumice has been assured that they be kept
involved in the development of Phase II, per their request.
This item will be addressed at the Wednesday, August 25 Board meeting.
23. Before the Board was a Discussion of a Public Hearing on Proposed
Changes to the Deschutes County Room Tax Ordinance.
Mark Amberg gave a summary of the proposed changes, which included some
minor adjustments from the previous document. This item was delayed in order
for the State to amend its state lodging tax. The new state rules came out in
May, and were a turnabout from what was originally proposed.
This item will be addressed at the Wednesday, August 25 Board meeting.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 9 of 12 Pages
24. Before the Board was a Discussion of Signature of Document No. 2004-381,
an Intergovernmental Agreement between Deschutes County and the City
of Redmond in Regard to Solid Waste Flow Control.
This will be addressed at a later date.
25. Before the Board was a Discussion of Chair Signature of a Notice of
District Measure Election and Explanatory Statement for the Proposed
Bend Area Transportation District.
LUKE: Move approval, subject to legal review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
26. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-400, a Water Easement with the City of Bend in
Conjunction with the Justice Center Remodel Project.
Susan Ross stated that this is a standard agreement to address the need for a fire
hydrant.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
27. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-401, a License with the City of Bend for Public Facility
Improvements (Justice Center Remodel Project).
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 10 of 12 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
28. Before the Board was a Discussion and Consideration of Approval of
Document No. 2004-398, a Fire Records Management System Agreement.
Laura Wolfe said that the administrators of the various public safety entities are
impressed with the software package and service provided by this system, and
feel that it will strengthen the overall project. The cost was previously
approved by the voters and it is already budgeted.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
29. Before the Board was a Discussion and Consideration of Signature of
Resolution No 2004-103, Establishing a Petty Cash Account for the 9-1-1
County Service District.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
30. ADDITIONS TO THE AGENDA
None were offered.
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 11 of 12 Pages
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 11:35 a.m.
DATED this 23rd Day of August 2004 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Commissioner
Tom DeWolf, Co sioner
Minutes of Board of Commissioners' Office Monday, August 23, 2004
Page 12 of 12 Pages