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2005-1410-Minutes for Meeting December 12,2005 Recorded 12/13/2005DESCHUTES NANCY BLANKENSHIP,FRECORDS COUNTY CLERKQ�00�����o COMMISSIONERS' JOURNAL 1211312005 03;24;28 PM III I I I ILII II III I II I V ( I I III 20-410 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.orsz MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 12, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St..., Bend Present were Commissioners Michael M. Daly and Dennis R. Luke. Also present were Mike Maier, County Administrator; George Kolb, Road Department; Sue Brewster, Sheriff's Office; Dan Despotopulos and Kathy Herringer, Fair & Expo Center; Hillary Saraceno, Commission on Children & Families; Ken Mathers, Juvenile Community Justice; Kathy Drew and Greg Canfield, Mental Health Department; and Laurie Craghead and Mark Pilliod, Legal Counsel. Also present were Anna Johnson, Commissioners' Office; Cathy White, Paul Blikstad, Kevin Harrison, Sandy Ringer, Catherine Morrow and Will Groves, Community Development; media representatives Lily Raff of The Bulletin and Jeff Mullins of KBND Radio; and ten other citizens. Vice Chair Daly opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. Julie Lyche, representing the Family Access Network, along with representatives of various agencies involved with FAN, presented information to the Board regarding the number of families being assisted, the various FAN programs, and how the County's funding is being utilized. (A copy of this information is attached as Exhibit A.) Paul Dewey, an attorney involved in the Thornburgh Resort appeal, said that he has heard that the Board plans to decline to hear the appeal. He asked that the Board reconsider. (He provided a document to Legal Counsel Laurie Craghead at this time.) Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 1 of 10 Pages Commissioner Luke pointed out that this item is on the Board's agenda and has not yet been acted upon. Laurie Craghead noted that per Code, the Board can only consider the record and staff recommendation at this time, and cannot hear testimony. 2. Before the Board was a Discussion of a Public Hearing regarding the Formation of a Countywide Law Enforcement District (District 1). The public hearing is scheduled for Wednesday, December 14. 3. Before the Board was a Discussion of a Public Hearing regarding the Formation of a Countywide Law Enforcement District (District 2). The public hearing is scheduled for Wednesday, December 14. 4. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2005-148, Adopting the Greater La Pine Community Wildfire Protection Plan. Joe Studer said that there have been three Plans approved thus far; the signing ceremony for this Plan is scheduled for Tuesday, December 13 in La Pine. This Plan has received the most community input of all. It was a challenging process because La Pine subdivisions are located in a wide variety of locations. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 5. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2005-137, Initiating the Vacation of "E" Avenue between 2"d & 3rd Streets in Terrebonne. George Kolb said he was approached by a property owner to do this vacation, which involves a thirty-foot strip of land located on the rim. Instead of vacating property in a different location, this vacation will allow for a gate to be installed to prevent vandalism but still gives the County its easement. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 2 of 10 Pages LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 6. Before the Board was a Discussion and Consideration of Signature of Order No. 2005-140, Accepting Engineer's Report and Setting a Public Hearing on the Vacation of "E" Avenue between 2nd & 3rd Streets in Terrebonne. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 7. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2005-138, initiating the Vacation of a Portion of the A. W. Willard Road in the Alfalfa Area. George Kolb explained that Willard Road is completely out of the right of way, which was dedicated in 1914. Technically it is landlocked. This is the first step in completing a lot line adjustment. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 8. Before the Board was a Discussion and Consideration of Signature of Order No. 2005-141, Accepting Engineer's Report and Setting a Public Hearing on the Vacation of a Portion of the A. W. Willard Road in the Alfalfa Area. LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 3 of 10 Pages VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 9. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2005-150, Amending Resolution No. 2005-143 Pertaining to a Legal Description in Harper Road Local Improvement District. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 10. Before the Board was a Public Hearing on File No. A-05-12, regarding the Hearings Officer's Decision Denying an Accessory Structure on a Parcel in the Forest Use Zone (Applicant: Dieter Mees). Laurie Craghead said that the applicant has asked that this be continued to March 2006. Will Groves added that a date certain needs to be set. Vice Chair Daly opened the hearing at this time. Paul Dewey of the Sisters Forest Planning Committee said he does not object to the continuance, and will testify when it is held. Miles Conway, representing the applicant, requested a continuance to the next time it is convenient for the Board, but only continued the timeline to March. Will Groves stated that the applicant tolled the date until March 1, 2006. The hearing was continued until Wednesday, January 25, 2006 at 10:00 a.m. 11. Before the Board was Consideration of Signature of Resolution No. 2005- 149, Amending Community Development Department's Fee Schedule for FY 2005-06. Catherine Morrow said that this is a new section in the Code and a fee needs to be added for Redmond Urban Reserve Setback Exception applications. The amount set would be $475. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 4 of 10 Pages The Commissioners had no objection to the fee. Mike Maier stated that the Board does not have to take action on this; that he would have the authority to approve it. 12. Before the Board was a Discussion of a Public Hearing on the ESEE Analysis of the Site relating to a Proposed Plan Amendment and Zone Change to Establish a Surface Mining Zone near Millican (Applicant: 4-11 Equipment/Ron Robinson). Paul Blikstad stated that this is a limited de novo hearing regarding only the ESEE analysis. It will take place at the December 14 Board meeting. 13. Before the Board was Consideration of Approval of Decision on File No. A- 05-9, the Board's Decision Reversing the Hearings Officer's Decision and Approving the Applicant's Request to Establish a 34 -lot Subdivision located West of Bend in the UAR-10 Zone (Applicant: Tumalo Creek Development, LLC). Catharine White explained that there have been minor revisions to the document. LUKE: Move approval of the revised document. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 14. Before the Board was Consideration of Signature of Order No. 2005-149, Denying Review of Hearings Officer's Decision on an Application by the Thornburgh Resort Company LLC (File No. A-05-16 — CU -05-20). Ms. Morrow stated that the Board is to make a decision regarding approval of an Order that denies review of an appeal of the Hearings Officer's decision. The Order also calls for a refund of 75% of the appeal fee. Commissioner Luke pointed out that one reason they are denying this is because there is a hearing before the Board on December 20 anyway. He suggested that because staff was already working on this application, the entire fee should be refunded. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 5 of 10 Pages LUKE: Move approval of the Order, with the entire fee being refunded. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 15. Before the Board was a Hearing and Consideration of Signature of Resolution No. 2005-145, regarding a Request of Exemption from the Competitive Bid Process for the Construction of a Cover over the Sagebrush Arena at the Fairgrounds. This item was continued from the Wednesday, December 7 Board meeting. Dan Despotopulos explained that they are very committed to the exemption process, as it could mean a savings of up to $40,000 in architecture fees, plus revenue from the space if it is ready sooner. There is also an unknown beneficial economic impact to the area. (He presented a memo at this time; a copy is attached as Exhibit B) Vice Chair Daly asked if anyone wished to testify at this time. Brad Foote of Metal Clad Buildings of Oregon stated that he is interested in bidding on the project, and that if they want to build it by May they could not go through a long public process. The architect will cost $45,000 or more. Anyone can get the design done in six weeks to two months. Commissioner Luke asked if Mr. Foote felt that there would be qualified contractors who would not have an opportunity to bid. Mr. Foote replied that they can all still bid, and this just shortens the time frame. Commissioner Luke asked if there would be a problem getting specs from the individual companies if an architect designs the building. Mr. Foote said the question should be, why pay an architect. Mark Pilliod explained that as the process is now, the County would not base its selection strictly on the lowest cost. They would consider several factors and arrive at the best selection. Mr. Foote added that he would be bidding it the same way he always does. Mr. Pilliod said that this would be a selection process that is not just based on the lowest cost, but the best choice for the project. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 6 of 10 Pages Michael Manley of the Fairgrounds stated the County has done design -build on many projects. Commissioner Luke added that ODOT also does, and it is not an unusual process. Being no further testimony offered, Vice Chair Daly closed the hearing. Commissioner Daly stated that he checked with Finance and learned the funds for the project have been set aside since July. He added that he is now being made the bad guy since there will be a time problem. He asked why this was not addressed months ago. Mr. Despotopulos replied that there were other projects, including developing the RV park and putting in the horse stalls, as well as a large RV rally and the annual fair, that were priorities; there simply was not enough time, although they started the process three months ago. He had been working with Legal Counsel on this project for months, but other projects and events took precedence. Commissioner Daly stated that in reality, the price of steel keeps going up, and they should have started sooner. He said he has only voted once on a no -bid project. He thinks the low bid process is something the County should do, and it bothers him that this does not look good. He stated he will not vote yes on this no bid process, and either wants to see some options or perhaps this can be postponed until there is a third Commissioner in place. He added that steel buildings are pre-engineered anyway, and only the footing will need to be designed; he does not believe the $40,000 for architectural work. Mr. Pilliod said he understands that the design build concept would need to identify a base design, then would include alternatives, adds and deletes. They will have to be very specific on the components. The bidders would submit a bid bond, and the selection would be strictly low bid and would have to include the engineered design and construction component. Commissioner Luke said that no architect would put his name on the project unless he has a say-so in the entire project. Mr. Pilliod stated that the design build process could proceed without Board action since it is allowed under law, if it is based on low bid. Mr. Despotopulos added that there are a lot of other criteria they wanted to consider in the selection of a contractor. No action was taken by the Board on this item. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 7 of 10 Pages 16. Before the Board was Consideration of Signature of Document No. 2005- 269, Contract Amendment for Court Appointed Special Advocates (CASA) to Increase the Contract Amount. Hillary Saraceno explained that the contract amount has gone up, as it is tied to an increase in appropriations based on population. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 17. Before the Board was Consideration of Signature of Document No. 2005- 276, Contract Amendment for MountainStar Family Relief Nursery to Increase the Contract Amount. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 18. Before the Board was Consideration of Signature of Document No. 2005- 278, Contract Amendment for High Desert ESD -Ready Set Go to Increase the Contract Amount. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 19. Before the Board was Consideration of Signature of Document No. 2005- 468, Contract with the Oregon Department of Human Services to Provide Chemical Dependency Services under the Oregon Health Plan. Greg Canfield said that the services remain the same, but there is some additional funding due to population changes. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 8 of 10 Pages LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 20. Before the Board was a Discussion of a Public Hearing and Consideration of Signature of Order No. 2005-113 (Measure 37 Claim No. M37-05-54; Claimant: Faris). This will be addressed at the Wednesday, December 14 Board meeting. 21. Before the Board was a Discussion of a Public Hearing and Consideration of Signature of Order No. 2005-114 (Measure 37 Claim No. M37-05-55; Claimant: Chase). This will be addressed at the Wednesday, December 14 Board meeting. 22. Before the Board was a Discussion and Possible Decision on a Candidate to Fulfill the Term of Commissioner Position #3, through January 1, 2007. Commissioner Luke noted that the television cameras were not present, likely because he told them he did not plan to change his vote. Vice Chair Daly stated that he told them the same thing. This item will be addressed again at the Wednesday, December 14 Boar meeting. 23. Before the Board was Consideration of Signature of Letters of Appointment of Paul Cathcart, Janet Lee, Aimee Metcalf, Gary Smith, and Renee Windsor to the Board of Commission on Children and Families. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 9 of 10 Pages 24. Before the Board was Consideration of Signature of a Letter of Appointment of Charles Frazier to the Mental Health, Alcohol & Drug Advisory Board. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 25. ADDITION TO THE AGENDA Commissioner Luke read a statement regarding support of the National Guard and Reserves. (A copy is attached as Exhibit C.) LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Being no further items addressed, the meeting adjourned at 11:15 a.m. DATED this 12th Day of December 2005 for the Deschutes County Board of Commissioners. -7 _ y, v ice ATTEST: Dennis R. Luke, Commissioner Recording Secretary Attachments Exhibit A: Family Access Network Presentation Document Exhibit B: Memo from Dan Despotopulos regarding Sagebrush Arena Improvements Exhibit C: Statement in Support of National Guard and Reserves Minutes of Board of Commissioners' Work Session Monday, December 12, 2005 Page 10 of 10 Pages SSN�� w Overview FAMILY ACCESS NETWORK A network of community partners providing children and families access to support services through Family Advocates in the public schools. FAN has been in Deschutes County schools for 12 years. FAN Advocates link children to basic -need resources, such as food, shelter and health care.'Research shows that children stay in school and are successful academically when they are healthy physically and socially. FAN's unique community partnerships have enabled hundreds of children to receive new clothing and school supplies to start the school year on the right track. Community partnerships have provided families assistance with food, heating for the winter, and health needs to ensure children have a supported learning environment. The majority of FAN's funding comes from Federal Medicaid Administrative Claiming (MAC) dollars. Other funding sources include Deschutes County, various public and private grants, community donations, and fundraising efforts. Our impact in 2004-05 in Deschutes County... • 25 advocates in 35 schools and two early childhood sites • Over 12,000 incidents of service to children and families through FAN • 2,761 children and families provided clothing • 1,230 families linked to improved housing options • 1,715 children received much needed school supplies • 1,771 incidents of help with food • 803 children seen at FAN wellness clinics • 942 families connected to energy assistance • 2,916 incidents of assistance with health coverage or health care The Importance of FAN to Local Schools... • Increases academic capacity of students by decreasing barriers • Takes pressure off teachers • Allows counselors to focus on other issues • Increases student in -class time • Provides a safety net for disadvantaged families Our Direction... • FAN Foundation launched, September 2005 • Advocates relieved of all fundraising functions • Foundation Board of Directors goals: ➢ Development position ➢ 501(c)3 ➢ Annual fundraiser/Annual giving program Exhibit_ Page _� of �_ To: Dennis Luke; Mike Daly; Mike Maier; Mark Pilliod From: Dan Despotopulos Subject: Fair & Expo Center On Monday December 12, 2005 @ 10:00am there will be public hearing regarding the covering of the Sagebrush Arena. I would like to add the following to the staff report you have already reviewed: It is, has been and will always be my intention to do the very best for the Fair & Expo Center and Deschutes County. The reasons stated in the staff report clearly define our intentions that a very competitive procedure will be followed. We feel strongly the procedure will save time and money. We have already tentatively booked 12 events in the new covered arena beginning in April of 2006.1 use the word tentatively knowing construction, weather and the process could delay construction. These events would generate approximately $51,840 for the Fair & Expo as well as several thousand dollars to the local economy. The fact that these building designs are very straightforward could save an additional 8% of design costs (approx. $40,000). I believe as the Director of the Fair & Expo Center and a citizen of Deschutes County that the possible savings ($40,000) revenue generated ($51,840) for the Fair/Expo and the boost to the local economy (approx. $329,400) are factors which weigh heavily on the need to complete the project in a timely manner. Accepting the RFP as written and allowing the exemption is the proper procedure. I am sending this note so you have time to look it over in an effort to save time at the meeting on Monday. Dan Exhibit i> Page / of / STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE We recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve. Therefore, we join other employers in pledging that: 1. Employment will not be denied because of service in the Guard or Reserve; 2. Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve; 3. Employees will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and 4. This agreement and its resultant policies will be made known throughout our organization. Certifying for the Employer Cti'dlee Secretary of Defense National Com or EmployerSupport of thed and Reserve Print Name Date lmamz EMPLOYER SUPPORT OF THE GUARD AND RESERVE Exhibit— C, Page /—of Join Thousands of Other American Employers ... Earn Five Star Recognition for your support of the men and women now serving proudly in America's National Guard and Armed Forces Reserve. Your state's Employer Support of the Guard and Reserve Committee can and will work with you to provide you with assistance and guidance in keeping your Guard and Reserve member employees on the job and in the ranks. You can earn the recognition you deserve by providing demonstrated support for the volunteers who serve our nation: 1. Sign a Statement of Support and tell your community that you stand behind our troops — your employees — in peace, in crisis and in war. 2. Review your Human Resource Policies to ensure that your policies comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA, Title 38, US Code, Public Law 103-353). ESGR can assist you. 3. Train your Managers and Supervisors and give them the tools they need to effectively manage your Guard and Reserve member employees — ask your ESGR volunteers for training assistance. 4. Adopt 'Over and Above' Policies in your company that provide your Guard and Reserve member employees with more support than that required by law. Your ESGR volunteers can tell you about the best practices adopted by thousands of other employers across the nation. S. Support ESGR. YOU can make a difference with your time, energy, effort and contributions. Ask your ESGR volunteer how you can get involved in your state ESGR Committee and how you can reach out to other employers. NCESGR Form 15B-200405-5 I Exhibit Pa0e _ - of ?/"