2007-1322-Minutes for Meeting June 06,2007 Recorded 6/28/2007COUNTY
NANCYUBLANKENSHIP,P000NTY CLERKS
COMMISSIONERS' JOURNAL 0612812007 04:23:08 PM
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2007-3322
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C { 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
DESC1 UTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JUNE 6, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Mark Pilliod, Legal Counsel; Tom Blust and George Kolb, Road
Department; Tom Anderson, Community Development; and a dozen other citizens.
No representatives of the media were present.
Vice Chair Dennis R. Luke opened the meeting at 10:00 a. m. The Measure 37
opening statement was distributed.
1. Before the Board was Citizen Input.
The Board acknowledged Internal Auditor David Givans' five years of service
to the County.
2. Before the Board was Consideration of Signature of Document No. 2007-
251, an Amendment to an Intergovernmental Agreement with the State
Department of Human Services regarding the Foodborne Illness Program.
Tom Anderson said this extends the intergovernmental agreement with the State
regarding for the most part restaurant inspections. The amount going to the
State has increased to 12.5% because revenue to the County ahs increased due
to more restaurants in the area. Commissioner Luke expressed concern about
the State receiving more money even though the County does the work.
LUKE: Move approval.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 1 of 9 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was a Public Hearing (continued from April 11), and
Consideration of Signature of Order No. 2007-069, regarding the Vacation
of a Portion of SW 63rd Street, Redmond.
George Kolb said there were some concerns about access to the River, so the
hearing was continued. Since April 11, the homeowners have met; seven voted
to approve the vacation, two abstained and one voted no. Bureau of Land
Management was contacted; they do not consider the access from 63rd Street
being a legal access because there are just two points that converge. There is
access from other roads and locations.
Mr. Kolb was contacted by the attorney for the Wrens who drafted a document
to allow access. The recommendation is that the easement get signed and
recorded, followed by the Order vacating the road.
Chair Daly opened the hearing.
Steven Dixon, an attorney representing John Wren and his wife, said he agrees
with the summary just given. There has been a homeowners meeting and the
vote supports the vacation. They have tried to address the concerns of Mr.
Rondevan? And believe they were successful. He referred to a map of the area
and where the easement is located.
Commissioner Luke asked how the easement is going to be identified. Mr.
Dixon said that they have not yet discussed signage. As a practical matter,
there has been very limited use of the road. If required, signage can be added.
Commissioner Daly asked if had been open to the public in the past. Mr. Dixon
stated that access to BLM land was not there in the first place; it is provided for
in other locations. There is no opposition to the vacation at this time. It will
not affect access to other properties. He provided a copy of an e-mail to George
Kolb from the BLM regarding access:
John Wren stated that he just wants to avoid having the area in front of his
property becoming a parking lot.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 2 of 9 Pages
Commissioner Luke did not like the stipulation that visitors had to be
accompanied. Commissioner Baney thinks the neighbors worked in good faith
to put this together and doesn't see a problem with an easement with a
restriction.
Mr. Dixon stated that this is creating something that wasn't there.
Commissioner Luke said this could be precedence for other locations.
Commissioner Daly observed it has never been a legal access so doesn't see a
problem with approving it.
George Kolb said that there is not technically any access to BLM land there. If
there were fences in place, people couldn't get there anyway. Mr. Wren has the
right to restrict people coming onto his land.
George Rondavan explained where the BLM property and Mr. Wren's property
come together. He added that Mr. Wren is giving up a portion of his land to
allow the easement. Technically if fences were in place there would be no way
to get to the corner point of the BLM land. Commissioner Daly observed that if
it is his property he has the right to restrict who goes across it.
George Kolb said the easement should be signed first, then the vacation.
Mr. Dixon said that Mr. Wren is creating a five-foot easement along property
that he already owns; the easement will be located in the area of 63rd Street.
The description follows the center line of the section line. The easement is
prepared and can be signed and recorded today.
Commissioner Luke stated that if it is a public easement, it should not be
restricted. He doesn't think the County should give up a public right of way.
Mr. Dixon said the easement is not a public easement; it is to the property
owners in the area, allowing access across Mr. Wren's property. He has agreed
with his neighbors to allow this. It will be worked out between the parties.
Being no further testimony offered, Chair Daly closed the hearing.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 3 of 9 Pages
4. Before the Board was Consideration of Signature of Document No. 2007-
272, an Extension to a Temporary Construction Easement regarding the
South Century Drive Reconstruction Project.
Mr. Kolb this relates to the project which was supposed to be done in 2009-10
but it may begin sooner; this easement will cover that possibility.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2007-
273, an Extension to a Temporary Construction Easement regarding the
South Century Drive Reconstruction Project.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was Consideration of Signature of Document No. 2007-
274, an Intergovernmental Agreement with Crook County and ODOT
regarding the Use of Federal Funds for the Overlay of Millican Road.
Mr. Kolb stated that the cost estimate is about $1.7 million and the federal
funds are about $1.6 million. Deschutes County and Crook County would
participate equally in covering the work that isn't funded through federal
dollars. Each county maintains the portion located within the county.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 4 of 9 Pages
7. Before the Board was Consideration of Signature of Document No. 2007-
278, an Intergovernmental Agreement regarding the Self-Sufficiency
Program with the Oregon Department of Human Services.
Per Kate Moore, this item has been delayed pending receipt of new documents
from the State.
8. Before the Board was Consideration of Signature of Document No. 2007-
279, a Services Agreement with East Cascades Women's Group regarding
Obstetrical Medical Care for Pregnant, Low-Income Women.
Kate Moore gave an overview of the program, which provides care to Healthy
Start clients.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was Consideration of Chair Signature of Document No.
2007-270, the 2007-09 Biennium Community Mental Health Provider
Intergovernmental Agreement with the Oregon Department of Human
Services (Parts 1, 2, 3 and 4).
Commissioner Baney asked that this be delayed since no one is in attendance
from Mental Health to answer questions. Commissioner Luke said that he
would like to know if there have been major changes from the previous
agreement.
10. Before the Board was Consideration of Signature of Document No. 2007-
277, an Amendment of an Intergovernmental Agreement with the State
Department of Human Services regarding Chemical Dependency
Organization Programs.
Commissioner Baney said she has questions about this document as well, so it
was postponed.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 5 of 9 Pages
11. Before the Board was Consideration of Approval of Commission on
Children & Families' Grant Funding Recommendations for Fiscal Year
2007-08.
Diane Treadway gave an overview of the document and how decisions on
specific applications were reached. They are a two-year award with a contract
being signed annually.
Dave Kanner and Commissioner Luke asked how the appeal process is being
handled; whether the groups who did not receive funding have an opportunity
to appeal and, if so, were they advised on the process. Ms. Treadway said the
contracting process begins with the recommendations. The programs have to
know as soon as possible so they can continue their work.
Commissioner Baney said that the process seems unclear and she is not
comfortable moving forward with approval. Commissioner Luke stated that if
the Board still had monthly meetings with the departments, this would have
been discussed much sooner. He would like to accept the draft but not the final
document until the appeal process is completed and the amount of funding from
the State is clear.
Mr. Kanner said that there are two work sessions each week and the
departments have the opportunity to come before the Board
Commissioner Daly suggested that the work should begin several weeks sooner
so it doesn't become such a time-sensitive issue.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval, with the addition of the dollar amounts of the grants
that were approved.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONSENT AGENDA
12. Approval of Minutes of Board Meetings:
• Business Meetings: April 30, May 30
• Work Sessions: May 16, May 30
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 6 of 9 Pages
13. Approval of Economic Development Grant Requests:
. Future Business Leaders of America - Commissioners Luke and Baney
granted $500 each.
Sisters Jazz Festival - Commissioner Luke granted $300; Commissioner
Baney granted $1,000.
Meth Action Coalition - Commissioners Daly and Luke granted $500 each;
Commissioner Baney granted $2,000.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
14. Before the Board was Consideration of Signature of Order No. 2007-124,
Declaring the Result of the May 15, 2007 Measure Election on the
Deschutes County 9-1-1 County Service District for a Five-Year Local
Option Tax.
Becky McDonald provided an overview of the item.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
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
$1,159.69.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 7 of 9 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
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
$183.61.
BANEY: Move approval, subject to review.
LUKE: 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 $514,266.64.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
18. Before the Board were Additions to the Agenda.
None were offered.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:25 a. m.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 8 of 9 Pages
DATED this 6th Day of June 2007 for the Deschutes County Board of
Commissioners.
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Michael . Daly, C air
De nis R. Luke, Vice Chair
ATTEST:
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Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, June 6, 2007
Page 9 of 9 Pages
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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, JUNE 6, 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 of Signature of Document No. 2007-251, an Amendment
to an Intergovernmental Agreement with the State Department of Human
Services regarding the Foodborne Illness Program - Tom Anderson, Community
Development Department
3. A PUBLIC HEARING (continued from April 11), and Consideration of
Signature of Order No. 2007-069, regarding the Vacation of a Portion of SW
63`d Street, Redmond - George Kolb, Road Department
4. CONSIDERATION of Signature of Document No. 2007-272, an Extension to
a Temporary Construction Easement regarding the South Century Drive
Reconstruction Project - George Kolb, Road Department
5. CONSIDERATION of Signature of Document No. 2007-273, an Extension to
a Temporary Construction Easement regarding the South Century Drive
Reconstruction Project - George Kolb, Road Department
6. CONSIDERATION of Signature of Document No. 2007-274, an
Intergovernmental Agreement with Crook County and ODOT regarding the Use
of Federal Funds for the Overlay of Millican Road - George Kolb, Road
Department
Board of Commissioners' Business Meeting Agenda Wednesday, June 6, 2007
Page 1 of 6 Pages
7. CONSIDERATION of Signature of Document No. 2007-278, an
Intergovernmental Agreement regarding the Self-Sufficiency Program with the
Oregon Department of Human Services - Dan Peddycord, Health Department
8. CONSIDERATION of Signature of Document No. 2007-279, a Services
Agreement with East Cascades Women's Group regarding Obstetrical Medical
Care for Pregnant, Low-Income Women - Dan Peddycord, Health Department
9. CONSIDERATION of Chair Signature of Document No. 2007-270, the
2007-09 Biennium Community Mental Health Provider Intergovernmental
Agreement with the Oregon Department of Human Services (Parts 1, 2, 3 and
4) - Scott Johnson, Mental Health Department
10. CONSIDERATION of Signature of Document No. 2007-277, an Amendment
of an Intergovernmental Agreement with the State Department of Human
Services regarding Chemical Dependency Organization Programs - Scott
Johnson, Mental Health Department
11. CONSIDERATION of Approval of Commission on Children & Families'
Grant Funding Recommendations for Fiscal Year 2007-08 - Hillary Saraceno
and/or Diane Treadway, Commission on Children & Families
CONSENT AGENDA
12. Approval of Economic Development Grant Requests:
• Future Business Leaders of America
• Sisters Jazz Festival
• Meth Action Coalition
13. Approval of Minutes of Board Meetings:
• Business Meetings: April 30, May 30
• Work Sessions: May 16, May 30
Board of Commissioners' Business Meeting Agenda Wednesday, June 6, 2007
Page 2 of 6 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
14. CONSIDERATION of Signature of Order No. 2007-124, Declaring the
Result of the May 15, 2007 Measure Election on the Deschutes County 9-1-1
County Service District for a Five-Year Local Option Tax - Becky McDonald,
9-1-1
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. If you have questions
regarding a meeting, please call 388-6572)
Board of Commissioners' Business Meeting Agenda Wednesday, June 6, 2007
Page 3 of 6 Pages
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
8:30 a.m. Meeting with Mental Health Director regarding Contracting Authority Guidelines
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
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)
Board of Commissioners' Business Meeting Agenda Wednesday, June 6, 2007
Page 4 of 6 Pages
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
10:00 a.m. Board Business Meeting
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. (tentative) Board Land Use Meeting
1:30 p.m. (tentative) 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
Monday 2, 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)
Board of Commissioners' Business Meeting Agenda Wednesday, June 6, 2007
Page 5 of 6 Pages
Tuesday, July 3, 2007
7:30 a.m. Legislative Update Conference Call
Wednesdav. Julv 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 the 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, June 6, 2007
Page 6 of 6 Pages