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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 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.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