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 11111111 IIII 2007-3Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page A 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 gG aZ A D { 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)