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2005-624-Minutes for Meeting April 13,2005 Recorded 4/13/2005DESCH UTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 1111111 111 04/14/2005 04:30:38 PM 2005-624 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 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 13, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Tom De Wo�f and Dennis R. Luke; Commissioner Michael M Daly was out of the office. Also present were Mike Maier, County Administrator; Sue Brewster, Larry Blanton and Rebecca Hallin, Sheriffs Office; Tom Blust and George Kolb, Road Department; Timm Schimke, Solid Waste Department; George Read and Paul Blikstad, Community Development; Judith Ure, Commissioners' Office; Mark Amberg and Laurie Craghead, Legal Counsel; Rex Davis, Juvenile Community Justice; media representative Barney Lerten ofZ- 21 TV,- and eight other citizens. Chair Tom De Wo�f opened the meeting at 10: 02 a.m. 1. Before the Board was Citizen Input. Chair DeWolf stated that he received a letter dated December 2004 regarding snowplow damage on Ferndale Lane; the letter complimented the Road Department for quickly repairing the damage and for a job well done. 2. Before the Board was the Reading and Consideration of Signature of a Proclamation, Declaring April 15-17 National Youth Service Days, in Appreciation of Youth Involved in Public Service. Rex Davis explained the reasons for National Youth Service Days, and then introduced members of his crew: Curtis Dixon, Billy Langley, Shawn Applegate and Richard Curren. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page I of 9 Pages Mr. Davis stated that last year his group was involved in the park at the foot of Pilot Butte; and in Redmond the Negus Sports Complex; and other projects. He then read the proclamation to the audience. LLTKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 3. Before the Board was Consideration of the First Reading of Ordinance No. 2005-013, Adopting Chapter 2.70 of the Deschutes County Code, Disposition of Unclaimed Property. Larry Blanton and Sue Brewster gave a brief overview of the Ordinance, which will allow the Sheriff s Office to advertise over the County's website instead of always advertising in the Bulletin. This would save thousands of dollars every quarter in disposing of unclaimed third -party items. The information would also be kept more up to date in this manner. LUKE: Move first reading of Ordinance No. 2005-013, by title only. DEWOLF: Second VOTE: LUKE: Yes. DEWOLF: Yes. Chair DeWolf then did the first reading of the Ordinance by title only. The second reading will be scheduled for the Wednesday, April 27 Board meeting. 4. Before the Board was Consideration of Signature of Order No. 2005-018, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Its Sale. Larry Blanton stated the auction is scheduled for May 7; this involves County - owned property. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 2 of 9 Pages 5. Before the Board was Consideration of Signature of Document No. 2005- 130, an Intergovernmental Agreement between Deschutes County and the U.S. Forest Service regarding Forest Patrols and Mutual Aid. Sue Brewster stated that the terms of the agreement are not changing. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2005- 131, an Intent to Award Contract Letter for Paving of the Sheriff's Office Parking Lot. Larry Blanton said that this expands the parking area in front of the jail, per the original plat. This parking was never constructed but is needed. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2005- 128, an Intergovernmental Agreement between Deschutes County and the Oregon Department of Transportation regarding the Funding and Construction of an Interchange at U.S. Highway 97 and South Century Drive. Tom Blust stated this formalizes the agreement between the agencies, clarifying the obligations of the County and the sources of funding for the project. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 3 of 9 Pages 8. Before the Board was Consideration of Chair Signature of Document No. 2005-132, an Intent to Award Contract Letter for Environmental Engineering Services. Timm Schimke stated that this three-year contract involves environmental monitoring work. Five bids were received and URS Corporation came in at the lowest amount. The bids were analyzed in various ways. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 9. Before the Board was Consideration of Signature of Document No. 2005- 129, Submittal of Special Transportation Discretionary Grant Applications to the Oregon Department of Transportation. Judith Ure gave an overview of the item. The Advisory Board reviewed the applications and made recommendations as to the agencies and funding. The State receives the applications and decides the appropriate funding. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Consideration of Signature of Documents regarding the Sale of Property in Newberry Business Park, La Pine. Susan Ross and Lee Smith explained the offer on four properties located in Newberry Business Park in La Pine. The proceeds are used to develop the Park and promote it. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 4 of 9 Pages 11. Before the Board was a Public Hearing and Consideration of First and Second Reading, and Adoption by Emergency, of Ordinance No. 2005-011, an Amendment to County Code regarding Setback Standards for the MUA-10 Zone. Paul Blikstad said that the document has not changed since the Board received copies of it earlier. Chair DeWolf read the opening statement. Regarding bias, prejudgment or personal interest, the Commissioners indicated they have none to declare. No challenges came from the audience. Paul Blikstad stated that this was a staff initiated change. The Planning Commission indicated its support, and one citizen testified in favor. These clarified standards are much more workable and more easily identified. There are no applications currently in process, but some property owners are anxious to make application. Chair DeWolf opened the public hearing at this time. Ray Curry, 67252 Gist Road, testified. He said his property bordered by Gist Road, South Harrington Loop, a vet clinic and a church, and Highway 20. The subdivision was unrecorded at first, but he managed to get six tax lots recorded later. He said because of his age and abilities, lie is no longer able to farm the property, and would like to sell four of the six lots to others. He would retain the other two lots but is unable to build a home where he would like to place it because of the setbacks required by the current zoning. A normal setback of 30 feet on the one side would accommodate the construction of this residence, and the construction of homes on the other lots. Mr. Blikstad stated that the definition of intensive agricultural use is very broad and not clear. He indicated that the right to farm laws would still protect farm uses. LUKE: Move first and second readings of Ordinance No. 2005-011 by title only, declaring an emergency. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first and second readings. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 5 of 9 Pages LUKE: Move adoption. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 12. Before the Board was Consideration of Signature of Resolution No. 2005- 040, Transferring Appropriations within the Deschutes County Sheriff's Fund. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 13. Before the Board was Consideration of Signature of Resolution No. 2005- 041, Transferring Appropriations from the General Fund Contingency to the General Fund Assessor's Office, regarding Personnel Costs. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 14. Before the Board was Consideration of Signature of Order No. 2005-019, the Monthly Cash Transfer Order. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 15. Before the Board was Consideration of the Second Reading and Adoption of Ordinance No. 2005-012, Amending Chapter 4.08 of the Deschutes County Code regarding Transient Room Tax. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 6 of 9 Pages LUKE: Move approval of second reading of Ordinance No. 2005-012. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the second reading. LUKE: Move adoption. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 16. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control Commission Application for Base Camp Grill, LLC (Sunriver). LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 17. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control Commission Application for the Terrebonne Depot. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $129135.13. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 7 of 9 Pages LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $428.81. LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $556,893.05. Includes lottery grant fund applications: * $300, Heart of Oregon Corps, for Participation in Pole Pedal Paddle 2005 Event (Commissioner Daly) * $73,5005 High Desert Middle School, Summer Opportunities (overall fund) 2 1. ADDITION TO THE AGENDA Mark Amberg stated that a specific request has been received by a group regarding a June event in Sunriver in regard to social gaming. Deschutes County does not have a social gaming ordinance on the books at this time, although it had one previously. At this point gaming would be illegal in this situation. Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 8 of 9 Pages For this event to be permitted, the Board would have to adopt an ordinance allowing social gaming. Crook County and the City of Bend have social gaming ordinances in place. Jurisdictions have taken different stances, such as allowing it for private businesses or charities; all require background checks and a licensing fee. Commissioner DeWolf indicated that the organizers of the June event wish to begin advertising and need an answer quickly. Mark Amberg noted that the County would have to enforce the ordinance, so the Sheriff would need to have some input on the wording of the ordinance. The Commissioners indicated that this would be discussed further at the Monday, April 18 Administrative Liaison. Being nofurther items brought before the Board, Chair De Wo�f adjourned the meeting at Ik 05 a. m. DATED this 13 th Day of April 2005 for the Deschutes County Board of Commissioners. Tom DeWolf, Chair ATTEST: Recording Secretary Michael M. Daly, Commissioner 7 ission-e�r� Mn-nis R Luki, Comm Minutes of Board of Commissioners' Meeting Wednesday, April 13, 2005 Page 9 of 9 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, APRIL 13,2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend 1. CITIZEN INPUT This is the time providedfor 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 sheetprovided Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. THE READING of a Proclamation, Declaring April 15-17 National Youth Service Days, in Appreciation of Youth Involved in Public Service — Rex Davis, Juvenile Community Justice 3. CONSIDERATION of the First Reading of Ordinance No. 2005-013, Adopting Chapter 2.70 of the Deschutes County Code, Disposition of Unclaimed Property — Sue Brewster, Sherift's Office 4. CONSIDERATION of Signature of Order No. 2005-018, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Its Sale — Sue Brewster, Sherift's Office 5. CONSIDERATION of Signature of Document No. 2005-130, an Intergovernmental Agreement between Deschutes County and the U.S. Forest Service regarding Forest Patrols and Mutual Aid — Sue Brewster, Sheriff's Offi c e 6. CONSIDERATION of Signature of Document No. 2005-13 1, an Intent to Award Contract Letter for Paving of the Sheriff s Office Parking Lot — Undersheriff Larry Blanton, Sherift's Office Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page I of 8 Pages 7. CONSIDERATION of Signature of Document No. 2005-128, an Intergovernmental Agreement between Deschutes County and the Oregon Department of Transportation regarding the Funding and Construction of an Interchange at U.S. Highway 97 and South Century Drive — Tom Blust, Road Department 8. CONSIDERATION of Chair Signature of Document No. 2005-132, an Intent to Award Contract Letter for Environmental Engineering Services — Timm Schimke, Solid Waste Department 9. CONSIDERATION of Signature of Document No. 2005-129, Submittal of Special Transportation Discretionary Grant Applications to the Oregon Department of Transportation — Susan Ross, Commissioners' Office 10. CONSIDERATION of Signature of Documents regarding the Sale of Property in Newberry Business Park, La Pine — Susan Ross, Commissioners' Offi c e 11. A PUBLIC HEARING and Consideration of First and Second Reading, and Adoption by Emergency, of Ordinance No. 2005-011, an Amendment to County Code regarding Setback Standards for the MUA- 10 Zone — Paul Blikstad, Community Development Department 12. CONSIDERATION of Signature of Resolution No. 2005-040, Transferring Appropriations within the Deschutes County Sheriff s Fund — Marty Wynne, Finance Department 13. CONSIDERATION of Signature of Resolution No. 2005-041, Transferring Appropriations from the General Fund Contingency to the General Fund Assessor's Office, regarding Personnel Costs — Marty Wynne, Finance Department 14. CONSIDERATION of Signature of Order No. 2005-019, the Monthly Cash Transfer Order — Marty Wynne, Finance Department 15. CONSIDERATION of the Second Reading and Adoption of Ordinance No. 2005-012, Amending Chapter 4.08 of the Deschutes County Code regarding Transient Room Tax — Marty Wynne, Finance Department Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 2 of 8 Pages 16. CONSIDERATION of Chair Signature of an Oregon Liquor Control Commission Application for Base Camp Grill, LLC (Sunriver) 17. CONSIDERATION of Chair Signature of an Oregon Liquor Control Commission Application for Terrebonne Depot CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $12,135.13. CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $428.8 1. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $556,893.05. Includes lottery grant fund applications: * $300, Heart of Oregon Corps, for Participation in Pole Pedal Paddle 2005 Event (Commissioner Daly) * $7�5005 High Desert Middle School, Summer Opportunities (overall fund) 2 1. 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. Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 3 of 8 Pages FUTURIE MEETINGS: (Please note: Meeting dates and times are subject to change. 4 11 meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated Ifyou have questions regarding a meeting, please call 388-65 72.) Wednesday, April 13, 2005 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. (Tentative) Legislative Update — Conference Call 2:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 2:45 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 Monday, April 18, 2005 12 noon Regular Meeting of Board of Commissioners and Department Heads 1:30 p.m. Administrative Liaison Tuesday, April 19, 2005 9:00 a.m. Regularly Scheduled Meeting with the Director of Solid Waste 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 2:00 p.m. Meeting regarding ABHA (Accountable Behavioral Health Alliance) 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 Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 4 of 8 Pages 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 2:00 p.m. Meeting with Sheriff s Office Corrections Needs Assessment Committee, at the Sheriff's Office (MAC Center) Tuesday, May 10, 2005 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of Community Development Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 5 of 8 Pages 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 MondM, 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. Budget Committee Meeting Wednesday, May 18, 2005 1:00 P.M. Budget Committee Meeting Thursday, May 19,2005 1:00 P.M. Budget Committee Meeting Friday, May 20, 2005 1:00 P.M. Budget Committee Meeting Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 6 of 8 Pages 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 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 Thursday, May 26, 2005 11:30 a.m. (Tentative) Regularly Scheduled Meeting with the City of Bend Council, at the City Monday, May 30, 2005 Most County offices will be closed to observe Memorial Day. Tuesday, May 31, 2005 1:30 p.m. Administrative Liaison Wednesday, June 1, 2005 10:00 a.m. Board of Commissioners' Meeting Mondqy, June 6, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 7 of 8 Pages Wednesday, June 8, 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, June 9, 2005 12 noon Regular Meeting of the Audit Committee Monday, June 13, 2005 12 noon Regular Meeting of Board of Commissioners and Department Heads 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of Community Development 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 infon-nation. Board of Commissioners' Meeting Agenda Wednesday, April 13, 2005 Page 8 of 8 Pages