2005-948-Minutes for Meeting July 25,2005 Recorded 7/26/2005DESCHUTES COUNTY OFFICIAL RECORDS C 2005.948
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/2612005 04;23;01 PM
II I 2 -948
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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❑ 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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 25, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly.
Also present were Gary Judd, George Kolb, Torina Wilson and Tom Blust, Road
Department; Paul Blikstad, Community Development Department; Kathy Drew,
Mental Health Department; Jeanine Young, Health Department; Mark Pilliod and
Laurie Craghead, Legal Counsel; Mike Berry, Surveyor; and media representative
Eric Flowers of the Bulletin. No other citizens were present.
Chair Tom De Wolf opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
Tom Blust and the Board recognized Gary Judd, who has been with the Road
Department for 27 years and is now retiring.
2. Before the Board was Discussion and Consideration of Signature of Letters
Reappointing Jon Sholes of the Deschutes County Historical Society as a
Historical Landmarks Commissioner, through July 31, 2009.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 1 of 9 Pages
3. Before the Board was Discussion and Consideration of Signature of a
Letter Appointing Barb Smiley of the Pioneer Association as Historical
Landmarks Commissioner, though July 31 2009.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-101, Establishing a "No Parking" Zone on the
Cascade Lakes Highway.
Gary Judd gave a brief overview of the Resolution. The Forest Service has
asked that signing be placed near Devil's Lake due to the curving road and
congestion on the highway. Adequate parking is available in the Devil's Lake
parking lot.
The Commissioners asked for further details; this item will be addressed at the
Wednesday, July 27 Board meeting.
5. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-098, Imitating Proceedings for the Harper Road Local
Improvement District.
Gary Judd stated that all but one property owner supports this action.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-099, Initiating Proceedings for the Harrington Loop
Local Improvement District.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 2 of 9 Pages
Gary Judd said that only one property owner is not in support of this
Resolution.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DAILY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-279, an Amendment to the 2005-07 Mental Health
Contract with the Department of Human Services regarding
Developmental Disability Services.
Kathy Drew explained that this amendment would authorize the use of the
express payment system to expedite payments. It was anticipated that this
would begin in July, but won't be put into effect until August.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-274, an Amendment to the 2003-05 Mental Health
Contract with the Department of Human Services regarding
Developmental Disability Services.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 3 of 9 Pages
9. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-294, a Nursing Student Clinical Affiliation Agreement
with the Linfield-Good Samaritan School of Nursing (Portland).
Jeanie Young stated that this is the first time a student from Linfield will
participate. It is the same basic contract that is used with other schools involved
in this program.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
10. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-295, an Intergovernmental Agreement with the
Multnomah County Health Department to Share a Communicable Disease
Database Program.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
11. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-296, an Agreement to Provide Health Services to
Students at the Central Oregon Community College Campus.
This is the annual agreement to provide services at a small clinic at COCC.
Commissioner Luke asked for information on whether this program is breaking
even.
Ms. Young stated that the students do pay for some services; however, last year
there was a negative impact. This year the rates paid by the students have been
raised and if all else stays the same, the program should break even. There is a
sliding fee scale, and under Title 10 the County is mandated to provide services.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 4 of 9 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
12. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-097, an Intergovernmental Agreement with the Bend-
La Pine School District to Provide Family Access Network Nursing
Services.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
13. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-099, an Intergovernmental Agreement with the
Redmond School District to Provide Family Access Network Nursing
Services.
LUKE: Move approval, subject to legal review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
14. Before the Board was Discussion and Consideration of a Public Hearing
and First and Second Readings and Adoption, by Emergency, of
Ordinance No. 2005-006 and Ordinance No. 2005-007, a Plan Amendment
and Zone Change from EFU-TRB to MUA-10 (Applicant: Duffin).
Paul Blikstad stated that a public hearing is not needed in this situation. The
Board signed a written decision in February 2005.
This item will be addressed at the Wednesday, July 27 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 5 of 9 Pages
15. Before the Board was Discussion and Consideration Whether to Hear an
Appeal of the Hearings Officer's Denial of a Conditional Use Permit for
Commercial Activities in Conjunction with Farm Use (Applicant: Jeffrey
Rank).
Commissioner DeWolf asked if the commercial activity has to be directly
related to the farm use. He said the public hearing documents show that the
applicant has never raised or sold hay at the property, and it was determined
that there has never been a farm use of this nature.
Ms. Craghead said that there is hay being raised on the property at this time.
That is part of the de novo portion of the request so that new information can be
submitted.
Commissioner Luke stated that the applicant owns property nearby that is being
used in this manner. County Code does not allow moving the product to the
other parcel in order to sell it. Owners must be encouraged to use their property
as much as possible.
Ms. Craghead said that it will be how intensive a farm use needs to be; the
Board could make that determination. At this point a decision needs to be made
by August 13.
Commissioner Daly stated that he knows Mr. Rank, and is familiar with the
property. He knows that the ground is planted in rye, which is a dry hay crop.
He added he feels that the Hearings Officer should have made a site visit in this
instance, and is willing to hear the appeal if the applicant will extend the time
frame.
Commissioner Luke said that he would be willing to hear it as well, especially
in view of the fact that there is more than one parcel.
Commissioner DeWolf asked for Mr. Blikstad to contact the applicant to find
out if the time frame can be extended to allow time for a hearing before the
Board. He suggested extending the time until the end of September.
This item will be addressed at the Wednesday, July 27 Board meeting.
16. Before the Board was Discussion of a Public Hearing Order No. 2005-043
(Hellmuth), regarding a Claim for Compensation under Measure 37.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 6 of 9 Pages
Tom Anderson explained that he met twice last week with Mr. Hellmuth. The
boat slip can be approved, but Mr. Hellmuth will have to work with the
Department of State Lands regarding the fill issue.
This item will be addressed at the Wednesday, July 27 Board meeting.
17. Before the Board was Discussion of a Public Hearing on Order No. 2005-
047 (Cook), regarding a Claim for Compensation under Measure 37.
Tom Anderson stated that the property was split into three parcels after the time
the Measure 37 claim was filed. Mark Pilliod stated that the situation involved
deeds that were executed between married people after a contract of sale was
completed. He believes the changes were made to the exhibit to the Order prior
to its approval and Board signature on July 13, and therefore the issue has been
finalized.
He indicated a separate Measure 37 claim involving the Malone family does
need to be on the Wednesday agenda, however, since it was continued to allow
time to gather relevant information.
The Malone claim will be addressed at the Wednesday, July 27 Board meeting.
18. Before the Board was Discussion and Consideration of Ratification of the
Internal Audit Schedule for Fiscal Year 2005-06.
This item will be addressed at the Wednesday, July 27 Board meeting.
19. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-059, Authorizing a Services Contract with U.S. Bank
for Lockbox Tax Collection Services.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 7 of 9 Pages
20. Before the Board was Discussion and Consideration of Signature of Order
No. 2005-067, Designating The Bulletin Newspaper for the Publication of
Foreclosure Notices.
DALY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
21. Before the Board was Discussion and Consideration of Signature of Letters
Appointing the Following Individuals to the Board of Spring River Special
Road District:
Dave Wilkins, reappointment, through July 31, 2008
Kathy Glading, new appointment, through June 30, 2006
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
22. Before the Board was Discussion and Consideration of Signature of a
Letter Reappointing Debbie Huebner to the Board of Vandevert Acres
Special Road District, through June 1, 2008.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
23. ADDITIONS TO THE AGENDA
None were offered.
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 8 of 9 Pages
Being no further items brought before the Board, Chair De Wolf adjourned
the meeting at 11:05 a.m.
DATED this 25th Day of July 2005 for the Deschutes County Bo rd of
Commissioners.
Tom DeWolf, Chair
Michae . Daly, mmissioner
ATTEST:
is R. Luke, C86nisioner
(hi~~ 6w(e4
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, July 25, 2005
Page 9 of 9 Pages
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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, JULY 27, 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. CONSIDERATION of Signature of Resolution No. 2005-101, Establishing a
"No Parking" Zone on the Cascade Lakes Highway - Gary Judd, Road
Department
3. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2005-006 and Ordinance No. 2005-007, a Plan
Amendment and Zone Change from EFU-TRB to MUA-10 (Applicant: Duffin)
-Paul Blikstad, Community Development
4. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's
Denial of a Conditional Use Permit for Commercial Activities in Conjunction
with Farm Use (Applicant: Jeffrey Rank) - Paul Blikstad, Community
Development
5. A PUBLIC HEARING (continued from July 13), of Order No. 2005-043
(Hellmuth), regarding a Claim for Compensation under Measure 37- Tom
Anderson, Community Development; Mark Pilliod, Legal Counsel
6. A PUBLIC HEARING (continued from July 13) on Order No. 2005-052
(Malone), regarding a Claim for Compensation under Measure 37.
Board of Commissioners' Meeting Agenda Wednesday, July 27, 2005
Page 1 of 6 Pages
7. CONSIDERATION of Ratification of the Internal Audit Schedule for Fiscal
Year 2005-06 - David Givans, County Internal Auditor
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
8. CONSIDERATION of Signature of Resolution No. 2005-102, Authorizing
the Operating Fund to Borrow from the Reserves Fund, Providing for
repayment and Directing the District's Finance Director to Make Appropriate
Entries - Sharon Smith, for the Sunriver Service District
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District, in the Amount of $18,728.62 (two weeks).
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District, in the Amount of $1,760.76 (two
weeks).
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County, in the Amount of $2,065,746.28 (two weeks).
12. ADDITIONS TO THE AGENDA
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 Wednesday, July 27, 2005
Page 2 of 6 Pages
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.)
Wednesday, July 27, 2005
9:00 a.m. Regular Meeting with the Director of Tax & Finance
10:00 a.m. Board of Commissioners' Meeting
10:30 a.m. Executive Session, called under ORS 192.660(1)(h), litigation
2:45 p.m. Regularly Scheduled Meeting with the Sheriff
Thursday, July 28, 2005
10:00 a.m. Regularly Scheduled Meeting with Parole & Probation
2:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families
Monday gust 1, 2005
10:00 a.m. Board of Commissioners' Work Session
10:30 a.m. Executive Session, called under ORS 192.660(1)(h), litigation
1:30 p.m. Administrative Liaison
3:30 p.m. Meeting of Local Public Safety Coordinating Council (LPSCC)
Wednesday, August 3, 2005
10:00 a.m. Board of Commissioners' Meeting
Thursday, August 4, 2005
8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters
Monday, August 8, 2005
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Director of Community Development
Board of Commissioners' Meeting Agenda Wednesday, July 27, 2005
Page 3 of 6 Pages
Wednesday, August 10, 2005
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist, at the Road Dept.
1:45 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, August 11, 2005
8:30 a.m. Meeting with Federal Lobbyist
Friday, August 12, 2005
8:30 a.m. Meeting with Federal Lobbyist
Monday, August 15, 2005
12:00 noon Regularly scheduled update meeting with Department Heads
1:30 p.m. Administrative Liaison
Tuesday, August 16, 2005
11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee
3:00 p.m. Regularly scheduled meeting with the Director of the Fair & Expo Center
Monday gust 22, 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
Tuesday, August 23, 2005
9:00 a.m. Public Hearing on a Plan Amendment and Zone Change to Establish a Surface Mining
Zone near Millican (Applicant: 4-R Equipment/Ron Robinson)
6:00 p.m. Redmond Urban Reserve Hearing, at Redmond Fire Hall
Board of Commissioners' Meeting Agenda Wednesday, July 27, 2005
Page 4 of 6 Pages
Wednesday, August 24, 2005
9:00 a.m. Regular Meeting with the Director of Tax & Finance
10:00 a.m. Board of Commissioners' Meeting
1:45 p.m. Regularly Scheduled Meeting with Parole & Probation, at Parole & Probation
2:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice, at Juvenile
3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriff s Office
Monday, August 29, 2005
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
Monday, September 5, 2005
Most County offices will be closed to observe Labor Day.
Tuesday, September 6, 2005
1:30 p.m. Administrative Liaison
Wednesday, September 7, 2005
10:00 a.m. Board of Commissioners' Meeting
Thursday, September 8, 2005
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall
12:00 noon Regularly Scheduled Meeting of the Audit Committee
Monday, September 12, 2005
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Director of Community Development
Board of Commissioners' Meeting Agenda Wednesday, July 27, 2005
Page 5 of 6 Pages
Wednesday, September 14, 2005
10:00 a.m. Board of Commissioners' Meeting
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
Monday, September 19, 2005
1:30 p.m. Administrative Liaison
Tuesday, September 20, 2005
11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee
3:00 p.m. Regularly scheduled meeting with the Director of the Fair & Expo Center
Monday, September 26, 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
3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice
Wednesday, September 28, 2005
9:00 a.m. Regular Meeting with the Director of Tax & Finance
10:00 a.m. Board of Commissioners' Meeting
1:45 p.m. Regularly Scheduled Meeting with Parole & Probation
2:45 p.m. Regularly Scheduled Meeting with the Sheriff
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 Wednesday, July 27, 2005
Page 6 of 6 Pages