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2005-170-Minutes for Meeting February 28,2005 Recorded 3/15/2005COUNTY TES FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERKDS COMMISSIONERS' JOURNAL :06:23 PM 011)[1111111111111111111111 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Dechutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp- MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, FEBRUARY 28, 2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St..., Bend Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke. Also present were Mike Maier, County Administrator; Tom Blust and Dennis Morris, Road Department; Tom Anderson and Matthew Martin, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; Dan Peddycord, Janet Harris and Sherri Tobin, Health Department; media representative Eric Flowers of the Bulletin, and six other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. CITIZEN INPUT STEVEN GREER: My name is Steven Greer, and I live in Deschutes County on 64149 Harris Way. Basically, I wanted to just spend a moment and talk about a concern that I've had that has to do with a land use issue that sits in the back yard of my home. I certainly don't want to talk about the facts of the case, but it is the process that has created some heartburn for me. It's the J Bar J application. My concern is that that process sat at the County staff for a long time, and effectively County staff quashed my ability to get an appeal to you. What happened was that we actually went to an appeals hearing last August 31, and we had a time frame put together where an appeal hearing report would have been out by the end of October. As a practical matter, that report came out the week before Christmas, taking at least twice as long as it ordinarily would have taken, or certainly as what the schedule would have been. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 1 of 21 Pages We probably would have still gotten it before you in a timely, appropriate way so that you could have heard it; however, staff sat on that report and would not release our appeal to you until thirteen days before that required period would have run. And, as was reported in the media, there simply wasn't time. You could not deal with the time to hear that appeal. My concern is, as a resident of this County, there's a good old saying that a man's home is his castle, my home is under attack from what I believe is a commercial development, and there are issues there. My ability to appeal under your rules and under ordinances and appropriate standards was effectively stripped away by your staff. For 201 days they held that thing away from you, until thirteen days before the final running of that time. We've appealed it to LUBA (Land Use Board of Appeals), and what we would ask is if you ever get a chance to hear that, we'd love for you to hear it, in that the Hearings Officer had varied material issues that were incorrect facts. There are issues about precedent that I do not want in my neighborhood or in other neighborhoods of the County, but you will not hear those because your staff quashed my ability to present them to you. You won't hear about the facts and the testimony that was overlooked because staff quashed my ability to present it to you. It's that process that I want to bring to your attention. DEWOLF: What would be helpful is if you could put down the pertinent dates, what took place, and what have you, on paper. GREER: I just happen to have that now. (He provided a handout to the Commissioners; a copy is attached as Exhibit B) DEWOLF: I want to get this over to Community Development and get their perspective on what happened; then maybe get back together with you. I' `J 114 Land use is not simple, and that's why there are attorneys involved. They tend to sometimes make it harder. One of the things that was brought to our attention was that there were some things that went on between the applicants and their right to appeal decisions, and some procedural things that actually would not allow staff to come to us. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 2 of 21 Pages DEWOLF: I'd like him to have that feedback as well. LUKE: We'll get you a copy of that, because it was on the record when we had that discussion. There's no guarantee that even if it had gotten here in a timely fashion that we would have heard it. GREER: And I appreciate that, that there is no guarantee. My concern is that whatever opportunity there would have been was effectively stripped away. DEWOLF: We never had the opportunity to discuss this with our Legal Counsel. I don't know personally that I could hear it. I don't know if these guys could. Because we've had a threat of a lawsuit by J Bar J towards the County for several years now and it has never been resolved. Consequently I don't know, even if legally I could hear it, that I could be unbiased in my actions. It may well have gone to LUBA anyway. But, as you say, we never had the opportunity to discuss the merits of that with our Legal Counsel, and what we could have done. GREER: If you could at least let us know what the issues were. This is a large neighborhood and that was one of the issues, and a lot of the neighbors have been very affected and are very concerned, now about the process. They can have a real empty feeling about how this County processes work for us. It would be really helpful if you could get back with us. DEWOLF: We'll get back to you, and will do it soon. JUDY SMITH: I'm Judy Smith, and I live at 20410 Rogers Road. I'm also a neighbor, regarding the Rogers/Hunnell/Harris Way decision. We have lived in our home for 35 years, same place, same property, and same address. We have been very involved in this particular decision, and are also very sorry about the process that has happened. We appreciate you just hearing public comment right now from us. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 3 of 21 Pages I know you did not have time, and I understand, and appreciate you hopefully getting back to us. But I also want you to know that it does affect about 100 of us neighbors in that particular area. I think a lot of it depends upon our trust of County government and what happens. I guess I would like you to just hear what we are saying and think about the impact it has on all of us, as you would in your own neighborhoods. Please remember that it isn't just the intrusion; it has to do with compatibility with the area and all of the other things that go along with that, like lighting and safety and other issues that are very important to us. So we, as neighbors, would appreciate it if you would consider it a little longer. DEWOLF: We will copy you on that correspondence. The complication often times is that things are just so tight for the time. I don't know the details in this particular case, but there have been a number of cases during the past couple of years that we have not been allowed to hear because of that timing issue. It's really frustrating for us, but not nearly as frustrating as it is for you, I'm sure, but we deal with this stuff regularly. My apologies. We will definitely get back to you through our Community Development Department as to what happened. Because if there are ways that we can find to streamline and make this process work better, we want it to work better for you and for us. PAUL DEWEY: I'm Paul Dewey, 1539 NW Vicksburg. I have represented a number of clients like this and want to give a little bit broader perspective. I wrote a letter to the County two years ago about this problem, but if anything it has gotten worse over time. There has been the Hogensen case that got to you on the 150th day, and then there was the Bull Springs Road issue when there was only time for an on the record appeal. LUKE: There was the Cyrus one, also, with Central Electric Cooperative, which got here too late for us to hear. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 4 of 21 Pages DEWEY: The real problem here, and I've heard Legal Counsel and staff often say to you that it will go to LUBA and LUBA can take care of it. That's true, to the extent that we are dealing with state laws regulations. But often times we're dealing with unique County regulations where you are the interpreters. When this gets appealed to LUBA, LUBA gives deference to your interpretation of your own provisions. The problem is that they aren't given deference to your interpretations; they are giving deference to the Hearings Officers' interpretations. The Hearings Officers are not elected by the people, and they aren't the legislators who draft the ordinances; you are in the best position to interpret your own ordinances. So when this goes to LUBA — and I just had a case the other day in the Court of Appeals, and the other side was arguing that the County interprets its Code this way, and it was just so frustrating — because you all had never interpreted the Code on this. It was in regard to forestry issues. The Hearings Officer interpreted it, but you all didn't. There needs to be a way to get unique County issues and ordinances before you for your interpretation. The staff reports that you get don't break down the issues. They don't say, these are state issues, and these are unique County issues such as the interpretation of something, such as what is a school under County Code, what's compatibility and do you value adjoining land values. Those aren't state rules that LUBA is going to consider at face value. They are going to give deference to your interpretation. We would just like for you all to be making those interpretations. I don't want to take any more time today, but I do plan to come back to you later with some specific recommendations on how the Code might be revised to allow for this. LUKE: Have you made the same presentation to the City of Bend, which doesn't hear any appeal? DEWEY: It is the same frustration. They are under the same illusion that LUBA will take care of it. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 5 of 21 Pages DEWOLF: The one thing that I want to be clear about is that we aren't under any illusion that LUBA is a good option when we can't hear something. We think it is a poor option. We want to at least be able to have the opportunity to make a decision on whether to hear something. And the timing is literally the only reason that these has happened. There may be other reasons, like in the case with the J Bar J one, but we didn't have the opportunity to even deal with that. I think that I speak for all three of us that we clearly believe that local decisions ought to me made locally, not by a state board that doesn't live here and deal with these issues. DEWEY: Often times I will file an appeal for a client to LUBA to try to get them to remand it back so that you can hear it. It is a very frustrating process. LUKE: It is your position that the local decisions are better than LUBA decisions, so maybe you wouldn't want to appeal a local decision? DEWEY: No, actually we might not, if we knew your opinion on something. We know that LUBA will grant deference to it, so if we don't think we have a good argument we aren't going to waste our time and money to go to LUBA on it. It's just that if we don't get your interpretation on it, and have a Hearings Officer's interpretation, and we think that if we could actually get to you, we might persuade you. DEWOLF: When something goes directly to LUBA because of our lack of time, do we put any kind of cover letter with it that says, effectively, that this isn't necessarily the position of the County but is the position the Hearings Officer has taken? LAURIE CRAGHEAD: We don't; we don't need to do that. LUBA knows it is just the Hearings Officer's decision. And they couldn't take that into evidence anyway. The only thing they are allowed to consider is the record and the arguments of the parties. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 6 of 21 Pages They only do on the record unless there is some extraordinary reason why they need to take additional evidence. They would not take a letter that says this is not necessarily the opinion of the Board, just the Hearings Officer. That would be something that would be argued by the parties at the time. DEWOLF: But it is clear to them that it has not been before the Board. CRAGHEAD: Yes. I the briefs the parties have to lay out what the procedural history is. As I've said before, there is always also the option of withdrawing from reconsideration, but that does carry a cost with it unless the petitioner who is appealing it is willing to waive the cost. It is a matter of whether the Board wants to — DEWOLF: If our 150 days has already run, what's the point? CRAGHEAD: If we do a withdrawal from reconsideration, then you can hear it. You would withdraw it and then call it up on your own. Normally under our Code, even if it is withdrawn from reconsideration, it goes back to the original hearings body. If the original hearings body was the Hearings Officer, the Board would on its own call up the decision. DEWOLF: I guess I just don't understand. I thought the 150 -day rule actually mattered. What you are telling me is that, for instance, we can't hear the J Bar J issue, and it goes to LUBA. If we say we want to reconsider, bring it back, then the 150 days doesn't matter anymore? CRAGHEAD: Right, you now have another 90 days. But the petitioner would have had to have gone to the trouble of submitting a filing a fee to LUBA and filing the notice of intent to appeal. I believe that they get back the filing fee if we do a notice of withdrawal from reconsideration, and there are times when we have had an agreement with a petitioner in which they agree to waive any costs if we do a withdrawal from reconsideration. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 7 of 21 Pages LUKE: The applicant doesn't have a say in this at all? CRAGHEAD: No, because it is the petitioners' right. reconsideration. Under the OAR's it is just a notice of DEWOLF: So we could have heard any one of these, by pulling them back from LUBA. CRAGHEAD: Right, and I have brought them to you before and you have done that before. DALY: They have to go to LUBA first? CRAGHEAD: Yes. DEWEY: Just the notice of appeal goes to LUBA. CRAGHEAD: It doesn't get heard at LUBA when you do a withdrawal for reconsideration. The Board has done it at different times. DEWOLF: We could do it now if we wanted to. CRAGHEAD: If it has been appealed to LUBA. I haven't received the notice of intent to appeal. DEWEY: I just filed it on Friday. DEWOLF: What's our time frame on this? To make a decision like that? Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 8 of 21 Pages CRAGHEAD: Anytime prior to submittal of the record, which is within twenty-one days of receipt of the notice of intent to appeal. So, twenty-one days from Friday. Then you have ninety days to make a decision on reconsideration, from the time we get an order from LUBA granting our notice of reconsideration. LUKE: Before you ask for that to come back, you need a meeting with staff and Legal to have a work session to determine if you would actually hear it if it came back. We never had that discussion. There was no consensus that we were going to hear it because we never had the discussion. DEWOLF: And we've got to talk with you about that. I've got grave concerns about my own ability to hear this one. I don't know about Dennis and Mike. LUKE: I don't have a problem hearing it if the facts require that. DALY: I don't, either. DEWOLF: We should set up a meeting to go over this. Obviously it won't happen until after March 14. So we have until the 18ffi to decide what we want to do. I think that is worth discussing. LUKE: I would hope that we could get a copy of the appeal and Legal would have an opportunity to look at the basis for the appeal. We can talk about this when we get back. It was decided that a meeting with Community Development staff and Legal Counsel will be scheduled the week of March 14. Because it involves pending litigation, it could be handled under Executive Session. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 9 of 21 Pages 2. Before the Board was a Presentation and Consideration of Signature of a Proclamation Declaring March 2005 as Deschutes County and COIC Nutrition Month, in Observance of National Nutrition Month. Janet Harris and Sherri Tobin of the Health Department thanked the Board for its support of the B -Well Program, and presented them with a poster recognizing National Nutrition Month. They gave an overview of the details of the proclamation, and then read it to the audience. LUKE: Move signature DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2005- 027, Declaring Property Surplus and Directing Its Disposition. Dennis Morris gave an overview of the item to be donated. He said the County has a good relationship with Central Oregon Community College that results in COCC providing automotive and heavy equipment program training to students, and the County benefits from some of the repair work. LUKE: Move signature DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2005- 068, an Intergovernmental Agreement between Deschutes County and Four Rivers Vector Control District regarding Mosquito Control Services. LUKE: Move signature DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 10 of 21 Pages 5. Before the Board was Consideration of Signature of Document No. 2005- 069, an Intergovernmental Agreement between Deschutes County and the Sunriver Owners Association regarding Mosquito Control Services to be Provided by Four Rivers Vector Control District. Dan Peddycord said that Deschutes County acts as a bridge between the two entities to allow vector control work. Historically Sunriver has handled the vector control agreement themselves. Commissioner Luke stated that if House Bill 2595 passes, it would allow Sunriver to contract on its own. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. Before the Board was Consideration of Signature of a Letter Appointing Mike Bonetto to the Deschutes County Public Health Advisory Board, through February 28, 2008. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 7. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005-010, Adding Chapter 2.37 to the Deschutes County Code, regarding Public Contracting. Mark Pilliod said this Code is required by action of the 2003 legislature. He said the ordinance was advertised in the Bulletin and Daily Journal of Commerce, and no comments have been received. Regarding the first page of the ordinance, the sixth "whereas" clause should indicate February 18, 2005 instead of March 18. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 11 of 21 Pages This Code allows the Board as the default Contract Review Board for the County and Special Districts, but this can be delegated to the managing board of the District if desired. Commissioner Luke asked that a phrase be added that this can be done "by resolution of the Board", which would allow this action without having to amend the Code. A new subsection was inserted that the administrator of the Special District can be given the authority to determine a sole source, and also has a comparable authority to enter into contracts that don't exceed $25,000. Also, language has been inserted that there is an exemption on procurements in support of computers and mental health services; both are currently in the County Code as exemptions from the public procurement process. In regard to concession agreements, there are currently two arrangements for concessions at the Fairgrounds; the one that was the subject of an RFP process would not be covered by this exemption. Regarding the remaining one relative to the Fair, this provision will allow the manager to apply the selection criteria approved by the Fair Board. Commissioner DeWolf asked where in the new Code he would find a requirement for legal review of contracts. Mr. Pilliod replied that this is covered under County Policy, and the Board has also adopted a Policy to review insurance provisions, so all agreements should be handled properly. LUKE: Move first and second readings of Ordinance No. 2005-010, including the changes as detailed by Legal Counsel. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first and second readings of the ordinance, by title only, declaring an emergency. LUKE: Move adoption of Ordinance No. 2005-010, by emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 12 of 21 Pages 8. Before the Board was Consideration of the First Reading of Ordinance No. 2005-006, Amending Title 23 to Change the Plan Designation on a Certain Property from Agriculture to Rural Residential Exception Area. Matthew Martin indicated that changes are still being made to this ordinance, which will be submitted to the Board at a later date. 9. Before the Board was Consideration of the First Reading of Ordinance No. 2005-007, Amending Title 18 to Change the Zone Designation on Certain Property from Exclusive Farm Use to Multiple Use Agricultural. Matthew Martin indicated that changes are still being made to this ordinance, which will be submitted to the Board at a later date. 10. Before the Board was the Continuation of a Public Hearing, and Discussion and Consideration of the First Reading of Ordinance No. 2005-004 regarding Nighttime Noise Control. Tom Anderson said that the latest version of the ordinance reflects previous discussions. There have been two major changes: language was added regarding "upon finding a public necessity exists", even if it can't be mitigated. The other change requires the contracting agency to request the exemption instead of having the contractor make the request. They would know about the exception prior to going out to bid. This process takes Community Development out of the process, and the contracting agency could go directly to the Board. This will help avoid unnecessary work and will be a quicker process. Mr. Anderson said his staff will work with Legal Counsel to develop the proper form.. Chair DeWolf reopened the public hearing. Being no testimony offered, he closed the hearing. LUKE: Move first reading of Ordinance No. 2005-004. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 13 of 21 Pages Chair DeWolf then conducted the first reading of the ordinance. The second reading and consideration ofdoption of Ordinance No. 2005-004 is scheduled for the Wednesday, March '16 Board meeting. 11. Before the Board was Consideration of Signature of a Letter Appointing John Stephenson to the Deschutes County Weed Board, through December 31, 2007. LUKE: Move signature DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $389.41. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED 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 $1,137.65. LUKE: Move approval, subject to review. DALY: Second. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 14 of 21 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $596,043.32. • Consideration of "Teen Healthy Relationship" Parent Night Program ($1,250 lottery fund grant request) - DeWolf • Consideration of "Prevention — Teen Film Series" Program ($275 lottery fund grant request) - DeWolf LUKE: Move approval, including the grant fund requests, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 15. ADDITION TO THE AGENDA Before the Board was a Discussion of a Proposal for Fencing along Millican Road. TOM BLUST: I'm Tom Blust of the Road Department. We've been discussing this issue for about the past year or so, so you are pretty well acquainted with the issues. I did attach a map to your information depicting where some fencing is already being constructed on the Deschutes County portion of Millican Road, and then the remaining sections on that. (A copy of his memo and the map is attached as Exhibit C.) After our meeting last week with Mr. Wogman, he indicated that he needs to be able to get into these pastures starting the first part of April. In order to do that, what I am recommending is that we make an offer back to Mr. Wogman essentially stating that we would reimburse any of his fencing costs up to $20,000, which is the equivalent amount of two cattle guards out there. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 15 of 21 Pages We could also indicate that we would be supportive of him making application for Taylor Grazing funds. That application actually goes through the Soil and Water Conservation District, but ultimately comes to the Board. DEWOLF: My understanding is that Taylor Grazing funds requires a one-to-one match; is that accurate? BLUST: My understanding is that these funds are paid out only for materials costs, but not labor. MIKE MAIER: I think there might be some flexibility in that regard. BLUST: I did verify that the funds that are currently in the Taylor Grazing funds are not obligated at this time. So there is approximately $18,500 in the fund. My recommendation is that we make that offer. If Mr. Wogman doesn't feel it is an adequate offer, we need to get things started on getting the cattle guards in. DALY: I'd like to make a comment. I've been thinking about this quite a bit. When you think about it, Mr. Wogman had grazing rights along this road when the road was a slow -speed, rough, gravel road. At that point in time the cattle walked back and forth and there wasn't a problem with traffic. It was the two counties that changed all that. We are the ones that decided to pave the road. To me, it's not Mr. Wogman's responsibility to do anything. I think it behooves us to see that the public safety issues involved in this road are handled. He shouldn't have a responsibility to fence this. He had a grazing right there before we started this, and has the same right now but is not able to use it because of the fencing issue. LUKE: There's nothing stopping him from using his grazing rights. He can turn cattle out there now. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 16 of 21 Pages DALY: I think we have a responsibility for the public safety issue. That's what I am concerned about. DEWOLF: We've got a lot of responsibilities for public safety on roads that carry more than 300 vehicles a day. That's been my beef all along, and yours, too, at one time, that we are putting money into a road that really doesn't impact Deschutes County to any great degree. We keep dipping back into the well to deal with it because we have one very noisy guy who keeps coming back and asking for more and more. I just can't justify it, with all of the other needs we have in this County. DALY: You may not be able to justify it, but you know he is correct. When you've got high-speed traffic and cattle that may get on that road, and somebody gets hurt or killed, I believe we have a huge liability here. We're the ones who changed this thing. Mr. Wogman didn't change anything. He had this right before and we changed the road. DEWOLF: What hasn't changed is that it is open range. The responsibility is the drivers'. DALY: You can say that all day long, but by the same token, if someone gets killed by hitting a cow at night and we haven't fixed these fences — we changed things out there, and I really believe that we should check with Legal Counsel and analyze this situation. I believe we have a responsibility here. LUKE: What about all of the other County roads that aren't fenced in south County and over towards Sisters? When the Sheriff's Deputy hit that cow, we were lucky that it wasn't in open range. But just down the road from where he hit that cow it is open range. There is a lot of open range in Deschutes County, and we have paved County roads in that open range that carry a lot more than 300 vehicles a day. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 17 of 21 Pages BLUST: One thing I might point out here is that under this offer using those funds, depending on what the Deschutes Soil and Water folks would consider for reimbursement of fencing materials, they are willing to work with ranchers to help provide some of the labor for installing the fencing. I think that by working through them, and with those reimbursements, Mr. Wogman can get most of the fencing paid for. Some of it will have to come out of his pocket, though, and he will have to make some effort in dealing with an application for the Taylor Grazing funds. think for the most part that he will be able to get most of the fencing done out there. LUKE: We have an obligation to install the cattle guards if there is no fencing out there, because they were there before. The main purpose of the cattle guards is to keep the cattle off Highway 20, and the secondary reason is because of the cross -fencing. Do we have any guarantee from BLM that if this is fenced entirely we will not have to put the cattle guards in? What if two or three cows get through the fence and then out to Highway 20? BLUST: It is still open range out there, so I don't think that presents a legal issue, but I'm not an attorney. As far as the BLM is concerned, they want to make sure the grazers are able to keep their cattle within the permitted grazing areas. The cattle guards are meant to do that, and the fencing does that. BLM has indicated to me through a letter I shared with you that if all of that right of way is fenced, they don't need the cattle guards out there. In fact, they prefer not having cattle guards there. They'd rather have the fencing. One other point that I'd like to make on that, and I think you brought this up, Dennis, is that on the reimbursement Mr. Wogman's first priority was to fence the west side of Millican Road, the rest of it from where the existing fencing is, out to Highway 20, to be able to put cattle into that portion, the southwest portion of his allotment. His second priority would be the east side from the Crook County line down to that existing cross -fence. He indicated he wanted to do those two with the $20,000 and the Taylor Grazing funds, and not do that remaining portion until sometime in the future. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 18 of 21 Pages My biggest concern is that we would still be on the hook for those cattle guards should he decide not to do that. So my recommendation is that we wouldn't do a reimbursement until all of the fencing was completed on both sides. LUKE: Your estimate is about $44,000. DEWOLF: And that's based on the quote he got from the fencing company? So if Taylor Grazing funds were utilized the way they were the last time, he could get substantially more fencing done for that money. Maybe it wouldn't be the exact fence that he wants. DALY: Are you saying that you think we ought to require him to do all of the fencing, the whole amount, before we give him any money? Because he is willing to go ahead and not use this one pasture this year, and will wait for the possible federal grant to finish the fence. BLUST: My concern is that if he just did those two portions of fencing and we reimbursed him the $20,000, if he decides not to do the other portion the BLM would still look to the County to install the two cattle guards. That would be an additional $20,000 outlay of funds. Unless we hold the reimbursement until all of the fencing is there, we really don't have any control over how much is spent on the project. DALY: Of course, my feeling is that we shouldn't be reimbursing at all — it is our responsibility to do it ourselves. I'm talking about, and really believe, that we are the ones who changed the road, and I agree we got hornswoggled little bit by Crook County on this issue, but I don't think it is Mr. Wogman's responsibility. It is our responsibility to fence this road. I am concerned about the public safety issue. You can call it open range all you want, but if somebody gets killed out there they are going to look to us as being responsible. Morally, I think we need to do this. I think we can do this with the available funds and possibly work with him to not use that one pasture, and wait for the grant funds and get it done. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 19 of 21 Pages DEWOLF: If those grant funds come. I appreciate what you are saying but absolutely disagree with it. We've got so many roads in this County that have a lot more traffic than that, located in open range, and we don't get sued because that is how open range operates. DALY: What about the moral responsibility? DEWOLF: You know, your morals are obviously quite a bit different than mine, and I really don't care about what you think about my morals. I disagree with you. This is not a moral issue. If you want to talk about morals, then go talk to Crook County who needed this road in the first place, and have them pay for this. You want moral responsibility, but it lies with the county that is benefiting from this road, not from ours. Where is your moral responsibility, Mike, when it comes to safety on all of these other roads that you are going to be taking money away from to build a fence to protect 300 cars a day from cattle? Where is your moral responsibility there? LUKE: Do we have a problem with prevailing wage since we would be using Road funds? MAIER: I don't think that would be an issue. LUKE: I think you have two votes to make this offer. I would be happy if you could make a deal. LUKE: Move that you offer to reimburse Mr. Wogman with the $20,000 cattle guard funds and Taylor Grazing funds up to $18,500 once all of the fencing is in, and that the County Administrator be authorized to sign the agreement. DEWOLF: Second. Minutes of Board of Commissioners' Meeting Monday, February 28, 2005 Page 20 of 21 Pages VOTE: LUKE: Yes. DALY: I vote no. DEWOLF: Chair vote yes. (Split vote.) Mike Maier indicated that he has met with representatives of the City of Bend regarding the 27th Street extension project, and came to a verbal agreement that is within the Board's previously expressed guidelines. An intergovernmental agreement should be ready to come before the Board in a few weeks. Being no further items brought before the Board, the meeting adjourned at 11:45 a.m. DATED this 28th Day of February 2005 for the Deschutes County Board of Commissioners. Tom DeWolf, Ch ATTEST: qMAW_� 61kj�A_ Recording Secretary Daly, Commissioner is R. Luke, Commissioner Attachments Exhibit A: Sign -in sheet (1 page) Exhibit B: Handout provided by Attorney Paul Dewey (2 pages) Exhibit C: Memo of February 24, 2005 from Tom Blust, including a map (2 pages) Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 21 of 21 Pages rage t LA 1 m N s y C) r i y 1 LL G O Oo tjo c r 0 a M Vk nd C Go c� a" N t ( vo bo 1 a cn -D 2 t U � N` � q c N V � � Q 12 v o v = O U y F ' Utp Z a w s LU Exhibit r rage t LA 1 m O d CL T 10 a CD o c0i LO N r d N E d o C V al c LL Exhibit Page / of 2 I I� ca 0 a N r Li c C a) o, y N I (L R O1 N M � f0 V w y m Q +- a fA LL l0 a Ln O co a G r L 7 y O U) O a O CD c Ln A .__. O CD C a o N C la N O ti R yea L 0 C O a a' m w o L LL r0 C Oy C O 7 N O y UE O C O E 7 Q O U (D Exhibit Page / of 2 0 a N r C a) R V w y +- a fA v` l0 a O �Ni O a C r p 7 y O O c O A 0'' v a o i', C. E O O a LL L 0 C O a N C o y ai M Oy O C O 7 Q m y (D CD m = o . a) a m L N V � - L 7 n O O IL F Exhibit Page / of 2 0 N r o c w y +- a fA C p 7 y O 47 O a1 N N d rS L 0 C O a o m Q CD (D as o . a) a m L N V � - L n O O F tOi d CM Q C _. LL Exhibit Page / of 2 Caption • File Complete - 150 day period commenced • Public Hearing - 150 day period suspended • Resumption of 150 day calendar Hearings Officer Decision Mailed - 12 Day period began Applicant request for reconsideration - Suspend 150 - day period Neighbors submitted Notice of Appeal + Decision on reconsideration - Resume 150 calandar County Staff notified Commissioner - no time to hear appeal 150 Day Period Ran Harris Hunnel Rogers - (Events) Date Description 07/21/2004 Applicaton accepted by County as complete 08/31/2004 Hearing and suspension of 150 day period 10/01/2004 Resumption of 150 day calendar 12/17/2004 Hearing office mailed just prior to Christmas, 108 days after the hearing 12/23/2004 7 01/12/2005 Appeal was delivered to County staff 01/25/2005 Staff refused to take appeal to the Commission 02/07/2005 Commission decided in work session not to hear appeal - lack of time need 140 days notice for public hearing 02/20/2005 Exhibit %6 Page of A i ES Road Department tment 91150 S.E. 27th 8t., Bend, OR 97702 (_541) 388-6501 • FAX (5411 388-2719 MEMORANDUM DATE: February 24, 2005 TO: Tom DeWolf, Chair Michael M. Daly, Commissioner Dennis R. Luke, Commissioner FROM: Tom Blust, Road Department Director-' RE: Millican Road Fence CC: Mike Maier, County Administrator Attached is a map depicting the fence situation along Millican Road and showing the estimated cost to fence the remainder of the road right of way. Based on Tuesday's meeting with Mr. Wogman I am recommending that the Board make the following offer: Deschutes County will reimburse LNK Ranches for fence construction along the right of way of Millican Road between US Hwy. 20 and the Deschutes/Crook county line. Reimbursement shall not exceed $20,000. Reimbursement shall be contingent upon completion of fencing the entire right of way of Millican Road within Deschutes County (both east and west sides). Deschutes County shall also be supportive of LNK Ranches application for Taylor Grazing funds to pay for a portion of the fencing along Millican Road. LNK Ranches will be responsible for making an application for Taylor Grazing funds through the Grazing Advisory Board (Deschutes Soil and Water Conservation district). (Note: the current balance in the Taylor Grazing Fund is $18,478. These funds are currently un - obligated - there are no pending applications.) Should Mr. Wogman reject this offer, I would recommend that the Road Department proceed with replacement of the 2 cattleguards that were removed during the road construction project (cattleguard at Hwy. 20 and the cattleguard located approximately 3.5 miles north of Hwy. 20). We will need to order the materials by next week in order to have the cattleguards installed by the first of April. Exhibit e Page I of 7� "Enhancing the lives of citizens by delivering quality services in a cost-effective manner. " ---=------ \_.----------- Crook County Deschutes County =7c)C-';' e- -Ic \ 1 \ \\ 7 ) - \ /4 700 t\ 20ln�enc� O r7 7 Z I \\ 0- \\ Feet 0 2,000 4,000 8,000 12,000 February 22, 2005 Transmission Lines ' _ County Boundary County Roads Taxlots Highway 20 The informatics on [his map was derived ham dgitsl dambases on Deschutes Count's a. I.S. Cera was taken in the ae lJon of this Deschutes County Road Department map• built is lo-iddd'es is'. Deschutes Canty cannot accept any . �' ^ responsibility for errors, omssians, or posie onal accuracy in the digital �.ry ohn And—on. GIS Specialist data ordaunderlying records. There are no warranties, a%pressor 1� LLQ ILL Iy�—',.^� Ph-1511)32?>102 implied, including thewarranty of —chi ntebilhy v fion— fora e t sma,1:)w,e,oso 1 -hu n w �r P,ocular purpose accompanying this product. However,..bkati onnaaw:6115e SE DmA of any.tors will be a ppre.i.ed. •!� — --- - �'^^�°-°s"'i- --' RWn C Exhibit Page Z of ?� Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570--- Fax (541) 385-3202 - www.deschutes.or_q MEETING AGENDA — FOR THE WEEK DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, FEBRUARY 28, 2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board regarding issues that are not already on the agenda. Visitors who wish to speak should sign up prior to the beginning of the meeting on the sign-up sheet provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. A PRESENTATION and Consideration of Signature of a Proclamation Declaring March 2005 as Deschutes County and COIC Nutrition Month, in Observance of National Nutrition Month — Health Department/WIC Program Nutritionists: Janet Harris, M.S., R.D., B- Well Advisory Board; and Sherri Tobin, R.D., C.L.E. 3. CONSIDERATION of Signature of Resolution No. 2005-027, Declaring Property Surplus and Directing Its Disposition — Dennis Morris, Road Department 4. CONSIDERATION of Signature of Document No. 2005-068, an Intergovernmental Agreement between Deschutes County and Four Rivers Vector Control District regarding Mosquito Control Services — Dan Peddycord, Health Department 5. CONSIDERATION of Signature of Document No. 2005-069, an Intergovernmental Agreement between Deschutes County and the Sunriver Service District regarding Mosquito Control Services to be Provided by Four Rivers Vector Control District — Dan Peddycord, Health Department Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 1 of 9 Pages 6. CONSIDERATION of Signature of a Letter Appointing Mike Bonetto to the Deschutes County Public Health Advisory Board, through February 28, 2008 — Dan Peddycord, Health Department 7. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005-010, Adding Chapter 2.37 to the Deschutes County Code, regarding Public Contracting — Mark Pilliod, Legal Counsel 8. CONSIDERATION of the First Reading of Ordinance No. 2005-006, Amending Title 23 to Change the Plan Designation on a Certain Property from Agriculture to Rural Residential Exception Area — Matthew Martin, Community Development Department 9. CONSIDERATION of the First Reading of Ordinance No. 2005-007, Amending Title 18 to Change the Zone Designation on Certain Property from Exclusive Farm Use to Multiple Use Agricultural — Matthew Martin, Community Development Department 10. CONTINUATION of a Public Hearing, and Discussion and Consideration of the First Reading of Ordinance No. 2005-004 regarding Nighttime Noise Control — Tom Anderson, Community Development Department 11. CONSIDERATION of Signature of a Letter Appointing John Stephenson to the Deschutes County Weed Board, through December 31, 2007 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 12. CONSIDERATION of Signature of Document No. 2005-069, an Intergovernmental Agreement between Deschutes County and the Sunriver Service District regarding Mosquito Control Services to be Provided by Four Rivers Vector Control District — Dan Peddycord, Health Department CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District. Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 2 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County. • Consideration of "Teen Healthy Relationship" Parent Night Program ($1,250 lottery fund grant request) • Consideration of "Prevention — Teen Film Series" Program ($275 lottery fund grant request) 16. ADDITIONS TO THE AGENDA Deschutes County conducts meetings in locations that are wheelchair accessible. Deschutes County also provides reasonable accommodations for persons with disabilities. For persons who are deaf or who have hearing or speech impairments, dial 7-1-1 to access the State transfer relay services for TTY. At meetings of the Board of County Commissioners, the County will provide an interpreter for hearing impaired persons who make their request at least 48 hours' notice. Written information can be made available in large print or in audio format; to request these services, please call (541) 388-6571. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, February 28, 2005 8:30 a.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families 10:00 a.m. Board of Commissioners' Meeting — for the Week 2:00 p.m. Meeting with Sheriff's Office Corrections Needs Assessment Committee, at the Sheriffs Office (MAC Center) Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 3 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County. 16. ADDITIONS TO THE AGENDA Deschutes County conducts meetings in locations that are wheelchair accessible. Deschutes County also provides reasonable accommodations for persons with disabilities. For persons who are deaf or who have hearing or speech impairments, dial 7-1-1 to access the State transfer relay services for TTY. At meetings of the Board of County Commissioners, the County will provide an interpreter for hearing impaired persons who make their request at least 48 hours' notice. Written information can be made available in large print or in audio format; to request these services, please call (541) 388-6571. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, February 28, 2005 8:30 a.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families 10:00 a.m. Board of Commissioners' Meeting — for the Week 2:00 p.m. Meeting with Sheriff's Office Corrections Needs Assessment Committee, at the Sheriffs Office (MAC Center) Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 3 of 9 Pages Tuesday, March 1, 2005 9:00 a.m. Administrative Liaison Monday, March 7, 2005 3:30 p.m. Meeting of Local Public Safety Coordinating Council (LPSCC) Monday, March 14, 2005 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with Community Development Tuesday, March 15, 2005 10:00 a.m. Regularly Scheduled Meeting with the Director of the Mental Health Department 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 11:30 a.m. Regularly Scheduled Meeting with the City of Bend Council, at the County 1:00 P.M. Preliminary Budget Meetings with Various Departments 3:00 p.m. Regularly Scheduled Meeting with Manager of Fair/Expo Center Wednesday, March 16, 2005 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update Conference Call Thursday, March 17, 2005 1:00 P.M. Preliminary Budget Meetings with Various Departments Monday, March 21, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Meeting with Organizational Consultants Tuesday, March 22, 2005 1:30 p.m. Administrative Liaison Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 4 of 9 Pages Wednesday, March 23, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update Conference Call 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff Monday, March 28, 2005 10:00 a.m. Board of Commissioners' Work Session 2:00 p.m. Meeting with Sheriff's Office Corrections Needs Assessment Committee, at the Sheriffs Office (MAC Center) Tuesday, March 29, 2005 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Wednesday, March 30, 2005 10:00 a.m. Board of Commissioners' Meeting Thursday, March 31, 2005 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall Monday, April 4, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Meeting of Local Public Safety Coordinating Council (LPSCC) Wednesday, April 6, 2005 10:00 a.m. Board of Commissioners' Meeting Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 5 of 9 Pages Thursday, April 7, 2005 8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters Monday, April 11, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of Community Development Tuesday, April 12, 2005 1:30 p.m. Regularly Scheduled Update with Information Technology Wednesday, April 13, 2005 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update — Conference Call 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Thursday, April 14, 2005 12 noon Regular Meeting of the Audit Committee Friday, April 15, 2005 1:00 P.M. Review of Requested Budgets Monday, April 18, 2005 12 noon Regular Meeting of Board of Commissioners and Department Heads 1:30 p.m. Administrative Liaison Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 6 of 9 Pages Tuesday, April 19, 2005 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 3:00 p.m. Regularly Scheduled Meeting with the Manager of the Fair & Expo Center Monday, April 25, 2005 9:00 a.m. Regularly Scheduled Meeting with the District Attorney 10:00 a.m. Board of Commissioners' Work Session 2:00 p.m. Meeting with Sheriff's Office Corrections Needs Assessment Committee, at the Sheriffs Office (MAC Center) Tuesday, April 26, 2005 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Wednesday, April 27, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update Conference Call 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff Monday, May 2, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Meeting of Local Public Safety Coordinating Council (LPSCC) Wednesday, May 4, 2005 10:00 a.m. Board of Commissioners' Meeting Monday, May 9, 2005 10:00 a.m. Board of Commissioners' Work Session Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 7 of 9 Pages Tuesday, May 10, 2005 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of Community Development Wednesday, May 11, 2005 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update — Conference Call 1:15 p.m. Regularly Scheduled Meeting with the Forestry Specialist, at Road 1:30 p.m. Regularly Scheduled Meeting with the Director of the Road Department, at Road 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste, at Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department, at Health 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department, at Mental Health Thursday, May 12, 2005 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall Monday, May 16, 2005 9:00 a.m. Administrative Liaison 1:00 P.M. Budget Committee Meeting Tuesday, May 17, 2005 10:00 a.m. Regularly Scheduled Meeting with the Manager of the Fair & Expo Center 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 1:00 P.M. Departmental Budget Presentations Wednesday, May 18, 2005 1:00 P.M. Departmental Budget Presentations Thursday, May 19, 2005 1:00 P.M. Departmental Budget Presentations Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 8 of 9 Pages Friday, May 20, 2005 1:00 P.M. Budget Approval Meeting Monday, May 23, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families Thursday 26, 2005 11:30 a.m. (Tentative) Regularly Scheduled Meeting with the City of Bend Council, at the City Wednesday, May 25, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Legislative Update Conference Call 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff 4:00 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Monday, May 30, 2005 Most County offices will be closed to observe Memorial Day. Monday, May 31, 2005 1:30 p.m. Administrative Liaison Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Meeting Agenda Monday, February 28, 2005 Page 9 of 9 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp- ADDITION TO THE AGENDA BOARD OF COMMISSIONERS' MEETING MONDAY, FEBRUARY 28, 2005 DISCUSSION of Proposal for Fencing along Millican Road — Tom Blust, Road Department