2007-556-Minutes for Meeting May 09,2007 Recorded 5/24/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKOS VII ~VVr'~~~
COMMISSIONERS' JOURNAL 05/24/2007 01;38;04 PM
11111111111111111111111111,11111
2007-556
Do 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
E a,
❑ {
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 9, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioner Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Blust
and Roger Olsen, Road Department; Tom Anderson, Community Development
Department; media representatives Richard Coe of the Bulletin and Jeff Mullins of
KBND Radio; 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 Consideration and Approval of the State 2007-08
Annual Plan for the Deschutes County Health Department.
This item will be addressed at the May 23 Board meeting.
3. Before the Board was Consideration of Signature of Document No. 2007-
226, the Rural Community Contract with Sisters Organization for
Activities and Recreation (SOAR) for Community Mobilization and
Substance Abuse Prevention.
Robin Marshall and Shawn Sellers came before the Board and explained they
have had a change in the fiscal agent for these services.
BANEY: Move signature.
LUKE: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 1 of 8 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Order No. 2007-120,
Rejecting the Bid for Supplying and Hauling Crushed, Pre-coated Rock for
Chip Seal, as Submitted by High Desert Aggregate and Paving, Inc.
Tom Blust and Roger Olsen came before the Board and explained that they
obtain annual bids for crushed rock. The first effort obtained no bids at all; the
second time there was one bid that was 33% over the estimated amount. It
appears the amount is much higher than anticipated because of the cost of oil.
Legal Counsel has advised using a special procurement process whereby
negotiations can take place. Mr. Olsen stated the largest obstacle to obtaining
bids is that most companies have indicated their crushers are too busy to handle
the work at this time.
LUKE: Move signature.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2007-095, Approving a Special Procurement and Notice of
Intent to Award Contract No. 2007-116, Image Processing and Conversion
Services for Microfilm to DataStor, LLC.
Doris Kobernik stated that no protests have been filed so the County is able to
proceed with awarding the contract. No public hearing was needed.
BANEY: Move signature.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 2 of 8 Pages
6. Before the Board was a Public Hearing and Consideration of First and
Second Readings and Approval, by Emergency, of Ordinance No. 2007-
015, Amending County Code to Delegate to the County Administrator
Centralized Control over County Departments, Divisions and Offices in an
Emergency.
Dave Kanner explained this has been discussed several times. The current
Code delegates centralized control of the County functions to the County
Administrator in the event of an emergency; there is a portion of the Code,
however, that is not consistent in this regard.
Mr. Kanner stated that the Board of Commissioners must declare any
emergency; a chain of authority follows in the event Commissioners are not
available.
After an emergency has been declared by the Commissioners, the County
Administrator would not interfere with operations; he or she would approve
expenditures; emergency overtime; exemptions to Personnel Rules and union
contracts; authorize supervision of employees by someone other than their usual
supervisor; handle the use of County equipment; and so on.
Commissioner Daly asked why the Commissioners cannot handle this. Mr.
Kanner stated that an inexperienced Commissioner may not be up to speed,
especially if it is an emergency relating to health issues. In that particular
instance, the Health Department Director would handle what they do best.
Commissioner Daly said that he thinks the public expects the Commissioners to
be at the top. He asked who would administer the Departments if Mr. Kanner
was not available. Commissioner Luke said that Chief Legal Counsel would.
Commissioner Daly feels that the work can be delegated to the County
Administrator rather than giving up control and authority.
Commissioner Luke stated that authority is not being given up; it is work the
Administrator already oversees.
Mark Pilliod said that this gives authority over the Sheriff's Office staff, but not
the Sheriff. Commissioner Baney said this is an appropriate way to operate as
time is of the essence when an emergency occurs. This does not give any
further authority to the Administrator than is already provided.
Chair Daly opened the hearing at this time.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 3 of 8 Pages
Jack Blum, citizen, said the last Administrator was with the County for 27
years; once the new Administrator is involved as a member of the community,
he will know the system and protect the public. There have been a lot of
Commissioners over the years. Mr. Blum stated he would be more comfortable
with someone who is around daily, knows the system and is already familiar
with the work of the County.
Andrea Blum, citizen, said she understands somewhat the concerns of
Commissioner Daly. She would like to see the Commissioners or the Chair be a
spokesperson, but understands that the County hires people who are informed in
their field of work and are prepared to immediately handle emergencies. The
County Administrator serves at the pleasure of the Board and his authority can
be pulled if needed.
Commissioner Baney reiterated that she doesn't see her job as operating or
overseeing departments; the Commissioners are the face the public should see
during an emergency. This is no deviation from what is already being done and
it would eliminate a step that is unnecessary during an emergency.
Commissioner Luke stated that during the fires around the City of Sisters; he
contacted the County Administrator to find out about the resources the County
might have been able to provide.
Commissioner Daly said that the current Code has worked in the past and he
firmly believes that the voters look to the elected officials to handle decisions
during an emergency, and does not want the Commissioners to give up the
ultimate authority. The County Administrator does not report to the citizens
and the Commissioners do. He feels the Ordinance is unnecessary and takes
authority away from the Commissioners.
The hearing was then closed.
LUKE: Move first and second readings by title only.
BANEY: Second.
Mark Pilliod explained that under the statute, the vote has to be unanimous as to
conducting the first and second readings at one time. Therefore, only the first
reading can be done at this time.
LUKE: Move first reading by title only.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 4 of 8 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes no. (Split vote)
The second reading will be conducted at the May 23 Board meeting.
7. Before the Board was Consideration of Signature of Resolution No. 2007-
059, Authorizing the Use of an Irrevocable Standby Letter of Credit to
Satisfy Workers' Compensation Security Deposit Requirements.
Mike Viegas stated that the County was able to purchase a bond, and the
bonding company would cover the County's obligation as needed. Finance and
Legal Counsel have reviewed the documents. There is a memorandum of
understanding and a document from the Bank of Cascades to the State to cover
these requirements. The County's rating is very high.
Mr. Kanner stated that the law is mainly targeting private companies that could
go bankrupt; the County is not likely to go bankrupt. The form originated from
the State.
LUKE: Move signature.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move signature.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Commissioner Luke asked that a letter be sent to Barry Jordan, thanking him for
his services as a member of the Audit Committee.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 5 of 8 Pages
CONSENT AGENDA
8. Signature of Resolution No. 2007-058, Transferring Appropriations within the
General County Projects Fund
9. Signature of Resolution No. 2007-057. Transferring Appropriations within the
Sheriff's Office Fund
10. Signature of a Letter Reappointing Gregory Quesnel to the Deschutes County
Audit Committee, through June 30, 2010
11. Signature of Letters Appointing the Following People to the Ponderosa Pines
East Special Road District: Allison Holman, through December 31, 2008; and
Mike Riffle, through December 31, 2009
12. Signature of Letters Appointing Jim Clinton to the Upper Deschutes
Watershed Council, through January 31, 2008; and Accepting, with Thanks, the
Resignation of Bill Friedman
13. Approval of Economic Development Grant Requests:
• Sisters Outdoor Quilt Show - Commissioner Baney granted $2,000.
• La Pine Community Kitchen - Commissioners Daly and Baney granted
$1,000 each.
14. Approval of Minutes of Board Meetings:
• Business Meetings: April 2, April 16, April 23, April 25 and May 2
• Work Sessions: April 16, April 23, April 30 and May 2
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$9,264.08.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 6 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$988.26.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $940,951.46.
LUKE: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. ADDITIONS TO THE AGENDA
None were offered.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:05 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 9, 2007
Page 7 of 8 Pages
DATED this 9cn Day of May 2007 for the Deschutes County Board of
Commissioners.
Michael M. Daly,
is R. Luce. Vim Chair
ATTEST: Tammy Barney, C61missioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, May, 2007
Page 8 of 8 Pages
0-T ES I
C~
ur
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, MAY 9, 2007
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, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION and Approval of the State 2007-08 Annual Plan for the
Deschutes County Health Department - Dan Peddycord, Health Department
3. CONSIDERATION of Signature of Document No. 2007-226, the Rural
Community Contract with Sisters Organization for Activities and Recreation
(SOAR) for Community Mobilization and Substance Abuse Prevention -
Shawn Sellers, Commission on Children & Families
4. CONSIDERATION of Signature of Order No. 2007-120, Rejecting the Bid
for Supplying and Hauling Crushed, Pre-coated Rock for Chip Seal, as
Submitted by High Desert Aggregate and Paving, Inc. - Tom Blust, Road
Department
5. A PUBLIC HEARING and Consideration of Signature of Order No. 2007-
095, Approving a Special Procurement and Notice of Intent to Award Contract
No. 2007-116, Image Processing and Conversion Services for Microfilm to
DataStor, LLC - Tom Anderson, Community Development Department
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 1 of 7 Pages
6. A PUBLIC HEARING, and Consideration of First and Second Readings
and Approval, by Emergency, of Ordinance No. 2007-015, Amending County
Code to Delegate to the County Administrator Centralized Control over County
Departments, Divisions and Offices in an Emergency - Dave Kanner, County
Administrator
7. CONSIDERATION of Signature of Resolution No. 2007-059, Authorizing
the Use of an Irrevocable Standby Letter of Credit to Satisfy Workers'
Compensation Security Deposit Requirements - Mike Viegas, Risk
Management
CONSENT AGENDA
8. Signature of Resolution No. 2007-058, Transferring Appropriations within the
General County Projects Fund
9. Signature of Resolution No. 2007-057. Transferring Appropriations within the
Sheriff's Office Fund
10. Signature of a Letter Reappointing Gregory Quesnel to the Deschutes County
Audit Committee, through June 30, 2010
11. Signature of Letters Appointing the Following People to the Ponderosa Pines
East Special Road District: Allison Holman, through December 31, 2008; and
Mike Riffle, through December 31, 2009
12. Signature of Letters Appointing Jim Clinton to the Upper Deschutes
Watershed Council, through January 31, 2008; and Accepting, with Thanks, the
Resignation of Bill Friedman
13. Approval of Economic Development Grant Requests:
• Sisters Outdoor Quilt Show - Commissioner Baney granted $2,000.
• La Pine Community Kitchen - Commissioners Daly and Baney granted
$1,000 each.
14. Approval of Minutes of Board Meetings:
• Business Meetings: April 2, April 16, April 23, April 25 and May 2
• Work Sessions: April 16, April 23, April 30 and May 2
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 2 of 7 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
18. 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. Ifyou have questions
regarding a meeting, please call 388-6572)
Wednesday, May 9, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 3 of 7 Pages
Tuesday, May 15, 2007
10:00 a.m. Measure 37 Hearings
Wednesday, May 16, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 17, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
8:00 a.m. (Tentative) Community Justice Director Interviews
Monday, May 21, 2007
10:00 a.m. Board Land Use Meeting
1:00 P.M. Budget Meetings
Tuesday, May 22, 2007
7:30 a.m. Legislative Update Conference Call
1:00 P.M. Budget Meetings
Wednesday, May 23, 2007
10:00 a.m. Board of Commissioners' Meeting
1:00 P.M. Budget Meetings
Thursday, May 24, 2007
1:00 P.M. Budget Meetings
Friday, May 25, 2007
1:00 P.M. Budget Meetings
Monday, May 28, 2007
Most County offices will be closed to observe the Memorial Day Holiday.
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 4 of 7 Pages
Wednesday, May 30, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 4, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, June 5, 2007
7:30 a.m. Legislative Update Conference Call
Wednesday, June 6, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 7, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday, June 13, 2007
10:00 a.m. Youth Challenge Graduation Ceremony - Fairgrounds
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 14, 2007
1:00 P.M. Mental Health Department Update
2:00 p.m. Health Department Update
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 5 of 7 Pages
Monday, June 18, 2007
10:00 a.m. Measure 37 Hearings
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, June 19, 2007
7:30 a.m. Legislative Update Conference Call
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, June 20, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 21, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
9:00 a.m. Juvenile Community Justice Department Update
10:00 a.m. Parole & Probation Department Update
Monday, June 25, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 27, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 28, 2007
9:00 a.m. Fair & Expo Department Update
11:00 a.m. Commission on Children & Families' Department Update
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 6 of 7 Pages
Monday, June 25, 2007
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 4, 2007
Most County offices will be closed to observe Independence Day.
Thursday, July 5, 2007
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Wednesday, July 11, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 12, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
12:00 noon Regular Meeting of Audit Committee
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.
Board of Commissioners' Business Meeting Agenda Wednesday, May 9, 2007
Page 7 of 7 Pages