2005-1375-Minutes for Meeting November 28,2005 Recorded 12/1/2005COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKOS yd 2005.1375
COMMISSIONERS' JOURNAL 1210112005 01;57;50 PM
11J[I IIIIIIIIIIIIIIIIIIIIIIII
21375
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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if document is re-recorded.
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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.ora
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 28, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present Commissioners Michael M. Daly and Dennis R. Luke. Also present were
Mike Maier, County Administrator; Marty Wynne, Finance Department; Joe
Studer, County Forester; Timm Schimke, Solid Waste Department; Tom Blust and
George Kolb, Road Department; Susan Ross, Commissioners' Office; Ken Harms,
Risk Management; Laurie Craghead, Legal Counsel; Dan Peddycord, Health
Department; Tom Anderson, Cynthia Smidt and Kevin Harrison, Community
Development; Lily Raff of The Bulletin and Barney Lerten of News Channel 21;
and four other citizens.
Chair Michael M. Daly opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-141, Supporting the Forest Emergency Recovery &
Research Act (FERRA).
Joe Studer gave an overview of the item.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 1 of 8 Pages
3. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-458, an Indemnity Agreement for the La Pine
Truckers' Light Parade, December 3.
Ken Harms gave a brief overview of this annual event.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
4. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-431, a Lease Renewal with Redmond Rod & Gun Club.
Susan Ross explained that this would be a ten-year agreement with options to
renew. The Club has been and will be making improvements to the property,
which is also used by the Sheriff's Office. Jerry Lowry joined Ms. Ross to
explain the agreement.
Commissioner Daly suggested that approval of this agreement be delayed until
input can be obtained from the City of Redmond, since the property might be
within the urban growth boundary. Mr. Lowry said that contacting the
Redmond Council was the next step.
LUKE: Move that the current lease be extended for ninety days to address this
issue.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
5. Before the Board was Discussion and Consideration of Vice Chair
Signature of a Notice of Intent to Award a Contract for the Purchase of a
Landfill Compactor.
Timm Schimke said that this equipment will replace two existing pieces of
equipment, and will be more efficient based on the volume now handled. He
added that Caterpillar is the only company that can provide the equipment along
with local service.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 2 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
6. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-456, an Amendment to the Intergovernmental
Agreement with the State regarding Health Services.
Dan Peddycord gave an overview of the amendment, and stated that this
involves federal pass-through funds.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
7. Before the Board was Discussion and Consideration of Signature of a
Letter Appointing Pete Mellinger to the Public Health Advisory Board,
through November 30, 2007.
Mr. Peddycord explained Mr. Mellinger's background and interest in serving on
the Advisory Board.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
8. Before the Board was Discussion and Consideration of Signature of Order
No. 2005-142, Assigning the Name of Gibson Air Road to an Unnamed
Access Road (off Powell Butte Highway).
Tom Anderson said that this involves the access road to the new Epic Air
facility.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 3 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
9. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-452, an Intergovernmental Agreement with Lake
County regarding Residential Inspection Services.
Mr. Anderson explained that this agreement also covers commercial
inspections, structural and mechanical, for overflow work. Much of the work
would take place in northern Lake County. Laurie Craghead added that the
statutory references in the agreement need to be changed.
LUKE: Move approval, subject to the changes needed per Legal Counsel.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
10. Before the Board was Discussion and Consideration of Whether to Hear
an Appeal of the Hearings Officer's Denial of a Request for a River
Setback Exception (Applicant: Eorio).
Commissioner Luke explained that the Board made a decision on another
parcel previously where all of the other residences were located closer to the
rimrock. He said that information in this case says that the same situation
exists.
Laurie Craghead stated that the houses on each side do not meet the code
criteria. She reminded the Commissioners that they did not hear the Johnson
decision; the Board agreed with the Hearings Officer that they could not grant
a variance to an exception. The Board had staff initiate a code change via
ordinance. At the time, it applied only to that property. There are several
reasons for denying this one, and it is different from the other case.
Commissioner Daly said he thought the issue was a carport. Ms. Smidt
explained that the dwelling has to meet setback requirements on both sides of
the house.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 4 of 8 Pages
Commissioner Daly stated that overall this is just one lot, and the others are
already built on; and this one should be able to comply on an equal basis with
the others. Ms. Craghead said that restrictions in the code have been in place
for some time. She didn't know when the other structures were built; it is
possible some may have not been built legally.
Commissioner Luke stated that that at the time the other was allowed, it was
thought that there weren't many that would have the same situation. He asked
if the Board were to hear it de novo, could they be allowed to build no closer
than the other existing homes. Ms. Craghead replied that this was narrowly
described by the change in code and wouldn't apply to this property. Code
would have to be changed. If the Board makes a decision without changing
Code, it could set precedence.
Commissioner Luke said that he would be happy to hear the details but is
concerned because there are a lot of river lots. Commissioner Daly added that
it is unfortunate that this one can't be allowed since the other properties are
built out; and said he wishes they could make some changes.
LUKE: Move denial to hear this appeal.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
11. Before the Board was Discussion of the Second Reading and
Consideration of Approval of Ordinance No. 2005-053, relating to County
Administrator Responsibilities and Authority.
This item will be addressed at the Wednesday, November 30, Board meeting.
12. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-442, a Services Agreement with Bob Murray &
Associates regarding the Recruitment of a County Administrator.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 5 of 8 Pages
13. Before the Board was Discussion and Consideration of Signature of Order
No. 2005-138 relating to Hospital Revenue Bonds (Cascade Healthcare
Community, Inc.) Issued by the Hospital Facility Authority of Deschutes
County.
Marty Wynne, Tom Saffley of St. Charles Medical Center, and Doug Goe, bond
counsel, explained the item. They indicated that this bond would refinance
previous amounts and allow for the building of new facilities, and will save
millions of dollars over the life of the bond. Mr. Wynne added that state law
requires a savings of at least 3%.
Mr. Goe explained that the issuer of the bonds is the one obligation, and it is
clearly stated that there will be no liability to the County if there was a default.
The County's bond rating would not be impacted.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
14. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-134, Transferring Appropriations within the
Deschutes County General Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
15. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-135, Appropriating New Grant Funds in the
Commission on Children & Families' Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 6 of 8 Pages
16. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-136, Transferring Appropriations within the
Deschutes County Mental Health Department Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
17. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-139, Transferring Appropriations within the
Deschutes County Sheriffs Office Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
18. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-140, Redesignating the Petty Cash Fund as a Change
Fund in the Surveyor's Office.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
19. ADDITIONS TO THE AGENDA
A. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-459, an Amendment to a Services Agreement with
BestCare Treatment Services regarding Alcohol and Drug Treatment.
Greg Canfield said that this amendment allows the County to pass on funds to
third party providers, which will allow outreach further than Bend. These are
additional funds that are badly needed.
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 7 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
B. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-460, an Amendment to a Services Agreement with
Pfeifer & Associates regarding Alcohol and Drug Treatment.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
C. Before the Board was Discussion and Consideration of Signature of a
Letter Appointment of Mike Schmidt to the Project Wildfire Steering
Committee.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Being no further items addressed, the meeting adjourned at 11:45 a.m.
DATED this 28th Day of November 2005 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
yll
is R. Luke,, -C
ice Chair
issioner
Minutes of Board of Commissioners' Work Session Monday, November 28, 2005
Page 8 of 8 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, NOVEMBER 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. DISCUSSION and Consideration of Signature of Resolution No. 2005-141,
Supporting the Forest Emergency Recovery & Research Act (FERRA)
3. DISCUSSION and Consideration of Signature of Document No. 2005-458,
an Indemnity Agreement for the La Pine Truckers' Light Parade, December 3 —
Judy Sumners, Risk Management
4. DISCUSSION and Consideration of Signature of Document No. 2005-431, a
Lease Renewal with Redmond Rod & Gun Club — Susan Ross, Commissioners'
Office
5. DISCUSSION and Consideration of Vice Chair Signature of a Notice of
Intent to Award a Contract for the Purchase of a Landfill Compactor — Timm
Schimke, Solid Waste Department
6. DISCUSSION and Consideration of Signature of Document No. 2005-456,
an Amendment to the Intergovernmental Agreement with the State regarding
Health Services — Dan Peddycord, Health Department
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 1 of 8 Pages
7. DISCUSSION and Consideration of Signature of a Letter Appointing Pete
Mellinger to the Public Health Advisory Board, through November 30, 2007 —
Dan Peddycord, Health Department
8. DISCUSSION and Consideration of Signature of Order No. 2005-142,
Assigning the Name of Gibson Air Road to an Unnamed Access Road (off
Powell Butte Highway) — Ed Pecoraro, Community Development Department
9. DISCUSSION and Consideration of Signature of Document No. 2005-452,
an Intergovernmental Agreement with Lake County regarding Residential
Inspection Services —Tom Anderson, Community Development Department
10. DISCUSSION and Consideration of Whether to Hear an Appeal of the
Hearings Officer's Denial of a Request for a River Setback Exception
(Applicant: Eorio) — Cynthia Smidt, Community Development Department
11. DISCUSSION of the Second Reading (scheduled for Wednesday, Nov.30)
and Consideration of Approval of Ordinance No. 2005-053, relating to County
Administrator Responsibilities and Authority — Mark Pilliod, Legal Counsel
12. DISCUSSION and Consideration of Signature of Document No. 2005-442, a
Services Agreement with Bob Murray & Associates regarding the Recruitment
of a County Administrator — Mark Pilliod, Legal Counsel
13. DISCUSSION and Consideration of Signature of Order No. 2005-138
relating to Hospital Revenue Bonds (Cascade Healthcare Community, Inc.)
Issued by the Hospital Facility Authority of Deschutes County — Marty Wynne,
Finance Department
14. DISCUSSION and Consideration of Signature of Resolution No. 2005-134,
Transferring Appropriations within the Deschutes County General Fund —
Marty Wynne, Finance Department
15. DISCUSSION and Consideration of Signature of Resolution No. 2005-135,
Appropriating New Grant Funds in the Commission on Children & Families'
Fund — Marty Wynne, Finance Department
16. DISCUSSION and Consideration of Signature of Resolution No. 2005-136,
Transferring Appropriations within the Deschutes County Mental Health
Department Fund — Marty Wynne, Finance Department
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 2 of 8 Pages
17. DISCUSSION and Consideration of Signature of Resolution No. 2005-139,
Transferring Appropriations within the Deschutes County Sheriff's Office Fund
— Marty Wynne, Finance Department
18. DISCUSSION and Consideration of Signature of Resolution No. 2005-140,
Redesignating the Petty Cash Fund as a Change Fund in the Surveyor's Office —
Marty Wynne, Finance Department
19. 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.
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)
Thursday, November 24, 2005
Most County offices will be closed to observe Thanksgiving.
Friday, November 25, 2005
Most County offices will be closed to observe Thanksgiving (unpaid day).
Monday, November 28, 2005
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Executive Session, called under ORS 192.660(1)(h), Litigation
1:40 p.m. Administrative Liaison
Tuesday, November 29, 2005
9:00 a.m. Presentation regarding Salary Survey
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 3 of 8 Pages
Wednesday, November 30, 2005
9:00 a.m. Regularly Scheduled Meeting with the Manager of the Fair & Expo Center
10:00 a.m. Board of Commissioners' Meeting
Thursday, December 1, 2005
8:00 a.m. Regularly Scheduled Meeting with the Sisters City Council, Sisters City Hall
Monday, December 5, 2005
8:00 a.m. Interviews — Commission on Children & Families Board Candidates
9:30 a.m. Update regarding Inside Deschutes County Video Newsmagazine
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Liaison
3:30 p.m. Local Public Safety Coordinating Council Meeting
Thursday, December 8, 2005
12:00 noon Regular Meeting of the Audit Committee
Monday, December 12, 2005
8:30 p.m. Administrative Liaison
10:00 a.m. Board of Commissioners' Work Session
2:00 p.m. Jail Needs Assessment Meeting, at the Sheriffs Office
Tuesday, December 13, 2005
9:00 a.m. Greater La Pine Area Community Fire Plan Signing Ceremony — location to be
determined
1:45 p.m. Regularly Scheduled Meeting with the Director of the Parole & Probation Department,
at Parole & Probation
2:45 p.m. Regularly Scheduled Meeting with the Director of the Juvenile Community Justice
Department, at Juvenile
3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriffs Office
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 4 of 8 Pages
Wednesday, December 14, 2005
9:00 a.m. Regular Meeting with the Director of Tax & Finance
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
Thursday, December 15, 2005
9:00 a.m. Executive Session — Grievance Hearing
10:00 a.m. Regularly Scheduled Meeting with Community Development
Monday, December 19, 2005
10:00 a.m. Meeting regarding Recruitment of County Administrator
11:30 a.m. Regularly Scheduled Update Meeting with Department Heads
1:30 p.m. Administrative Liaison
Tuesday, December 20, 2005
9:00 a.m. Public Hearing on Thornburgh Destination Resort Appeal
11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee
Wednesday, December 21, 2005
4:00 p.m. Public Hearing regarding Community Forest Authority - Deschutes Basin Land Trust
Monday, December 26, 2005
Most County offices will be closed to observe Christmas.
Tuesday, December 27, 2005
1:30 p.m. Administrative Liaison
Wednesday, December 28, 2005
10:00 a.m. Board Meeting for the Week
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 5 of 8 Pages
Monday, January 2, 2006
Most County offices will be closed to observe New Years Day.
Tuesday, January 3, 2006
1:30 p.m. Administrative Liaison
Wednesday, January 4, 2006
10:00 a.m. Board of Commissioners' Meeting
Monday, January 9, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
3:30 p.m. Local Public Safety Coordinating Council Meeting
Tuesday, January 10, 2006
1:30 p.m. Regularly Scheduled Meeting with the Director of Information Technology
2:30 p.m. Regularly Scheduled Meeting with the Director of Community Development
Wednesday, January 11, 2006
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
Thursday, January 12, 2006
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall
Monday, January 16, 2006
Most County offices will be closed to observe Martin Luther King, Jr. Day
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 6 of 8 Pages
Tuesday, January 17, 2006
1:30 p.m. Administrative Liaison
3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center
Monday, January 23, 2006
9:00 a.m. Regularly Scheduled Meeting with the District Attorney
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families
3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice
Wednesday, January 25, 2006
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
Monday, January 30, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
Wednesday, February 1, 2006
10:00 a.m. Board of Commissioners' Meeting
Monday, February 6, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 7 of 8 Pages
Wednesday, February 8, 2006
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, February 13, 2006
11:30 a.m. Regularly Scheduled Update Meeting with Department Heads
1:30 p.m. Administrative Liaison
Monday, February 20, 2006
Most County offices will be closed to observe Martin Luther King, Jr. Day
Tuesday, February 21, 2006
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center
Wednesday, February 22, 2006
9:00 a.m. Regular Meeting with the Director of Tax & Finance
1:45 p.m. Regularly Scheduled Meeting with the Director of the Parole & Probation Department,
at Parole & Probation
2:45 p.m. Regularly Scheduled Meeting with the Director of the Juvenile Community Justice
Department, at Juvenile
3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriffs Office
Monday, February 27, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families
Board of Commissioners' Work Session Agenda Monday, November 28, 2005
Page 8 of 8 Pages