2007-386-Minutes for Meeting February 26,2007 Recorded 3/29/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 1►d ~00~-386
COMMISSIONERS' JOURNAL 0312912007 04;23;54 PM
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2007-3Do not remove this page from original document.
Deschutes County Clerk
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 26, 2007
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; Susan Ross and Anna
Johnson, Commissioners' Office; Terri Maerki, Finance; and media
representatives Keith Chu of The Bulletin and Barney Lerten and Keisha Burns of
News Channel 21. No other citizens were present.
The meeting began at 1: 00 p. m.
1. Review and Consideration of Approval of the Draft Public Transportation
Plan as Required to Receive Transportation Grant Funds.
This item has been delayed until Judith Ure can analyze some comments she
received from ODOT on this issue.
2. Discussion of Proposed Supplemental Budget.
Dave Kanner stated that the original idea behind paying for the landfill was to
use $6 million on hand, with $2 million of this to come out of the reserve fund.
It would be best to bond the $8 million; since the reserve fund will be paid over
time, it is best to borrow and pay for all from one source. Other things could
come up in the meantime that may require use of the $2 million.
Terri Maerki went over the supplemental budget items. Susan Ross said that
any departments that have an interest in this item are to have a representative
present at Wednesday's Board meeting.
Minutes of Administrative Work Session Monday, February 26, 2007
Page 1 of 5 Pages
3. Discussion of Process for Filling Fair Board Vacancies.
A Fair Board meeting is scheduled next week and the Fair Board would like to
see the positions filled by then.
Commissioner Baney asked about going to seven rather than five positions.
There are some good candidates, but she doesn't want to burden the group with
too many members. Commissioner Daly said he feels that seven members
might be a good thing, with diversity and more ideas to share. Commissioner
Luke said he'd like to talk with Fair Association members, current Fair Board
members and others to get feedback on this suggestion. He would like to fill
just two positions now.
Commissioner Baney asked that this be addressed by the Fair Board at its next
meeting; Dave Kanner will contact the Fair Association director to get a
consensus of its membership in this regard.
Commissioner Baney selected Mike Schiel, Cheryl Davidson, Barry Jordan,
Mike Maier and Candi Bothum.
Commissioner Luke selected Mike Schiel, Cheryl Davidson, Mike Maier,
Kenneth Dunn and Barry Jordan.
Commissioner Daly suggested Jim Morrell, Cheryl Davidson, Mike Schiel,
Barry Jordan and Dennis Tooley.
Ms. Davidson and Mr. Schiel are the choices; one will fill a position that expires
this year, and the other fills a position that expires in 2009. Commissioner Luke
said he feels more comfortable having Mr. Schiel fill the longer term.
BANEY: Move appointment of Mike Schiel to fill the position held by Jim
Diegel, expiring 2009; and Cheryl Davidson filling Frank
Deggendorfer's term, expiring in 2007.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Administrative Work Session Monday, February 26, 2007
Page 2 of 5 Pages
4. Discussion of Process for Filling the Sheriff Position.
Dave Kanner explained that statute does not prescribe a process the Board must
use for filling a vacancy for the Sheriff position. There are requirements to run
for Sheriff, however. The Clerk has to issue a certificate indicating that the
person is eligible for the position.
DALY: Move that Larry Blanton be appointed Sheriff, subject to the Clerk's
certification.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
The Commissioners then called Sheriff Blanton to advise him of this
appointment.
5. Final Review of Personnel Rules and Policies.
This item will be addressed at a future date.
6. Economic Development Grant Requests:
• Central Oregon High School Rodeo - event. Commissioner Daly will grant
$2,500.
• Cascade Middle School Orchestra - equipment purchase. Commissioners
Luke and Baney granted $500 each.
7. Update of Commissioners' Schedules; Meeting Details.
Commissioner Daly will be going to Washington, DC on Friday, March 2, and
will also be touring a Maryland correctional institution while there. He will be
gone until March 7. He will be meeting with the federal lobbyist and meetings
are scheduled with the congressional delegation regarding the County's funding
priorities.
Minutes of Administrative Work Session Monday, February 26, 2007
Page 3 of 5 Pages
Commissioner Baney gave an overview of the issues and procedures discussed
at AOC Commissioner School over the past few weeks. She said Senator
Ferioli spoke about the Senate side having difficulty putting emphasis on the
Forest Payments issue. It has become more than an Oregon issue.
Commissioner Luke said the ODOT Commission is concerned about Juniper
Ridge proceeding too quickly, without addressing traffic concerns. They are
looking for further public input.
He also met with Representative Burley on the Court Facilities bill. There are
two bills, jointly sponsored by the Chief Justice and the Oregon State Bar. The
first forms a committee to look at court facilities - ownership, maintenance,
minimum standards for remodeling - and two states that have done a good job
of developing standards for courthouses. The committee will be ongoing and
will study the problem.
In regard to the court funding bill, it is being asked that this be established this
session, with no money out until next session, to get courtrooms up to minimum
standards. It is a big issue for the Chief Justice and the Bar. Commissioner
Luke said he hopes Deschutes County will support these efforts.
Commissioner Baney said she supports these efforts, and feels it has already
taken too long. Many counties cannot afford to maintain or remodel courts.
8. Other Items.
Commissioner Luke said he supports paying Lane County about $2,000 towards
the federal lobbyist firm that they have hired to work on the Forest Payments
issue. Commissioner Baney stated that a unified front could be very beneficial.
Before the Board was an Oregon Liquor Control Commissioner License
Application for Anytime Gift Baskets.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Administrative Work Session Monday, February 26, 2007
Page 4 of 5 Pages
Being no further discussion, the meeting adjourned at 2: 50 p. m.
DATED this 26th Day of February 2007 for the Deschutes County Board
of Commissioners.
ATTEST:
a
Recording Secretary
Minutes of Administrative Work Session Monday, February 26, 2007
Page 5 of 5 Pages
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, FEBRUARY 26, 2007
Review and Consideration of Approval of the Draft Public Transportation Plan
as Required to Receive Transportation Grant Funds - Judith Ure
2. Discussion of Proposed Supplemental Budget - Marty Wynne
3. Discussion of Process for Filling Fair Board Vacancies
4. Discussion of Process for Filling Sheriff Position
5. Final Review of Personnel Rules and Policies
6. Economic Development Grant Requests - Susan Ross
7. Update of Commissioners' Schedules; Meeting Details
8. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners
meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated.
Ifyou have questions regarding a meeting, please call 388-6572.
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.
FAIRS AND EXHIBI1,
565220
center, the center may, notwithstanding the
provisions of ORS 565.090, permit such ar-
mory to be constructed on Oregon State
Fairgrounds, and grant control over such ar-
mory and grounds to the General Staff for
the period that such armory and grounds are
used for military purposes. When such ar-
mory and grounds are no longer used for
military purposes, the control over them
shall revert to the center.
(2) For purposes of this section,
"control" does not include the power to sell,
lease, mortgage or in any other way encum-
ber an armory constructed under subsection
(1) of this section. [1959 c.615 §§1,21
565.160 Horse barn facilities at state
fairgrounds. (1) The Oregon State Fair and
Exposition Center shall plan, construct, al-
ter, furnish and equip horse barn facilities
at the state fairgrounds suitable for stabling
horses. These facilities shall also include rest
rooms suitable for public use. The center
shall also plan, construct, alter, furnish and
equip storm sewers at the state fairgrounds.
(2) Notwithstanding any other provision
of law pertaining to sale of public property,
the State Treasurer with the approval of the
investing agency may sell any site or facility
described in subsection (1) of this section or
interest therein so acquired by offer for sale
by sealed bid. However:
(a) Any or all bids may be rejected.
(b) The state has first option to purchase
at the highest bid accepted. [1961 c.634 §§1,6,7;
1973 c.537 §8; 1985 031 §291
565.170 Homemaking arts and crafts
facility at state fairgrounds. The Oregon
State Fair and Exposition Center shall plan,
construct, alter, furnish and equip at the
state fairgrounds a facility suitable for hous-
ing exhibits and providing contest space for
the homemaking arts and crafts. [1963 c.613 §11
565.180 [1963 c.613 02A 1965 c.56 §3; repealed by
1976 e.75 §51
565.190 Financing county exhibits at
state fair. A county court is authorized to
appropriate out of the general fund of the
county not otherwise appropriated money for
the purpose of sponsoring a county exhibit
at the annual state fair. This section shall
not be deemed to limit the authority of a
county which has adopted a charter under
section.10, Article VI, Oregon Constitution.
[1973 c.537 §7]
COUNTY FAIRS AND SHOWS
565.210 County . fairs; . county fair
board; members- appointment; term;
bond or letter R credit. (1) An county
may hold county and industrial fairs,' but
only one county fair shall be held in each
county.
Title 46
(2) Except as provided in ORS 565.265, in
counties holding county fairs, the county
court of such county shall appoint a board
consisting of not less than three nor more
than seven residents of the county, to be
known as. the county fair board. When the
first members of the board are appointed un-
der this section, one member shall be ap-
pointed for a term to expire the January next
following appointment, one for a term to ex-
pire one year from the January next follow-
ing appointment, and one for a term to
expire two years from the January next fol-
lowing appointment. In addition to the three
members, the county court may, at any time,
appoint not more than four additional mem-
bers, the fourth and sixth members to be ap-
pointed for a term to expire one year from
the January next following appointment and
the fifth and seventh members, if any, for a
term to expire two years from the January
next following appointment. Annually there-
after, at the first meeting in January, upon
the expiration of the term of a member, a
successor shall be ...appointed to serve for
three years.
(3) The court shall require each member
of the board to furnish a good and sufficient
bond or an irrevocable letter of credit issued
by an insured institution as defined in ORS
706.008 in favor of the county, conditioned
upon the faithful performance of the duties
of the office. The bond or letter of credit for
each member shall be in a sum equal to
$10,000 or 20 percent of the total revenues
received by the fair in the last fiscal year
ending prior to the appointment of such
member, whichever is the lesser amount. The
bond or letter of credit when approved by the
county court shall be filed with the county
clerk. The premium on the bond or the fee
for the letter of credit shall be paid for by
the county fair board as an expense of the
board.
(4) No more than one member of the
county court ma serve as a member of of the
county fair board.
(5) A member of a county fair board ap-
pointed under this section may be removed
from office for cause as provided in ORS
565.225. [Amended by 1957 x118 §l; 1961 c.684 §l; 1981
x134 §l; 1985 016 §l; 1991 c.331 §84-,1995 010 §l; 1997
x435 §2; 1997 c.631 §497; 1999 c.69 §178; 1999 c.681 §71
565220 County fair board; organiza-
tion; quorum; president and secretary, (1)
The members of a county fair board, shall, as
soon as their, bonds have been filed and ap-
proved, meet and organize by electing a
president and selecting a secretary.
(2) A majority of the members of the
board shall constitute a quorum for the
transaction of . all business at meetings. In
the absence of the president another member
Page 39
(1999 Edition)
AGRICULTURE
of the board shall perform the duties of the
president.
(3) The secretary provided for in subsec-
tion (1) of this section is not required to be
a member of the board. The secretary shall
execute a bond or furnish an irrevocable let-
ter of credit, as required of board members
by ORS 565.210. [Amended by 1953 c.675 §12; 1961
c.684 §2; 1965 c.513 §2; 1967 c.275 §2; 1991 c.331 §851
565.225 Removal of . county fair board
member. A member of a county fair board
appointed under ORS 565.210 may be re-
moved by the county court for inefficiency,
neglect of duty, misconduct in office, incom-
petence, incompatibility, dereliction of duty
or other good cause, as those terms may be
defined by county ordinance. A member of
the fair board shall not be removed by the
county court until after the member receives
a copy of a statement containing the cause
for removal and a hearing on the removal is
held. The statement shall be given to the
member at least 10 days prior to the hearing,
at which the member must have an opportu-
nity to be heard in person or by counsel.
When the county court removes a member
of the fair board, a record of the proceedings,
together with the cause for removal and
findings thereon, shall be filed in the office
of the county clerk. [1999 c.681 §21
565230 Management of county fairs;
licenses; disposition of proceeds; do-
nations of real property; agreements for
limitation of liability. (1) The county fair
board has the exclusive management of the
ground and all other property owned, leased,
used or controlled by the county and devoted
to the use of the county fair, and is entrusted
and charged with the entire business man-
agement and financial and other affairs of
such fair.
(2) In order that the fairgrounds and
buildings may be utilized.to the fullest extent
for pleasure, recreation and public benefit,
the board shall at all times have the author-
ity to provide park facilities for the public
or to issue licenses and grant permits for the
holding of any exhibitions, shows, carnivals,
circuses, dances, entertainments or public
gatherings upon the fairgrounds. During the
progress of county agricultural or industrial
fairs and not otherwise, any such businesses
so licensed by the board shall not be required
to pay license to any city or county other
than to the board as provided in this section.
The board shall fix the sum to be paid for
such permits and licenses, which shall be is-
sued and signed by the president and secre-
tary of the board. The moneys received from
the issuance of such permits and licenses
shall be deposited to the credit of the fair
fund and warrants drawn against it the same
as upon the disbursement of any other fair
funds.
(3) Donations of real property for the use
of the county fair shall be made by an in-
strument that may be accepted for recording
by a county clerk. An instrument of donation
shall be recorded in the records of the
county clerk where deeds are located. The
donated property shall be used in compliance
with the express intentions and purposes set
forth in the instrument of donation.
(4) A county court may conclude that an
agreement is needed to protect the county
and the county court from liability relating
to personnel or contractual matters. If the
county court asks the county fair board to
begin negotiations for an agreement, the
county fair board and the county court must
enter into an agreement concerning the
rules, policies and procedures to be used in
the conduct of fair activities for the purpose
of limiting the liability of the county for
personnel and contractual matters. How-
ever, if, a county court determines that an
agreement is unnecessary or that an existing
agreement provides sufficient protection from
liability, then an agreement under this sub-
section is not required. [Amended by 1953 c.675
§12; 1969 c.239 §4; 1969 c.693 §1; 1999 c.681 §81
565.240 Rules and regulations; peace
officers; appointment and powers. The
board may make and enforce all rules and
regulations necessary for the proper conduct
and management of their respective fairs. It
may appoint such marshals or police as may
be necessary to keep order and preserve the
peace during the time and at the place of
holding the fairs and at all other times when
the board deems such appointments neces-
sary for the preservation of the peace and
the protection of public and private property
upon the fairgrounds. The officers so ap-
pointed have the same authority for the
preservation of order and making arrests
upon the grounds as would a deputy sheriff.
565.250 [Repealed by 1981 x134 §41
565.260 Fair board or agricultural so-
ciety existing prior to June 4, 1913. Where
there existed on June 4, 1913, a county fair
board, or an agricultural society in any
county holding a county fair in such county,
such board shall be considered the county
fair board of such county by the provisions
of ORS 565.210 to.565.310, and shall be gov-
erned under the rules and bylaws already in
force of such association; provided, there
shall be only one county fair held in each
county.
Title 46 Page 40 (1999 Edition)