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2007-1373-Minutes for Meeting June 27,2007 Recorded 7/23/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS Cd 2OV7'1373 COMMISSIONERS' JOURNAL 07/23/2007 09:28:02 AM 1111111111111111111111111111 Z0-i3 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 and Page , or as Fee Number fl1~ O { 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, JUNE 27, 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, Laurie Craghead and Peter Werner, Legal Counsel; Shannon Dames and Lori Hill, Health Department; Greg Canfield, Mental Health Department; Susan Ross, Property and Facilities; Marty Wynne and Teri Maerki, Finance; Teresa Rozic, Property Management; Timm Schimke, Solid Waste Department; Joe Studer, County Forester; Becky Wanless, Parole & Probation; George Kolb, Road Department; Tom Anderson, Community Development; seven other citizens; and media representative Jeff Mullins of KBND Radio. Chair Daly opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Citizen Andy High of the Central Oregon Builders Association indicated he wanted to state his organization's support of the work being done at Community Development. 2. Before the Board was Consideration of Signature of Resolution No. 2007- 105, regarding the 2007 Election to Receive National Forest Related Safety Net Payments (Title II and Title III). Joe Studer explained the item, which relates to the "split" of federal funding for next year, which should allow more flexibility to use Title III funds. Commissioner Luke said that Title III is often allocated for Search and Rescue and similar projects. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 1 of 23 Pages Title II is for the Resource Advisory Council, comprised of several counties to handle projects mostly on public lands. Commissioner Daly stated that people have to apply for the RAC funds, and the Council reviews the various projects and decides which should be funded. Deschutes County usually requests funding for the weed program, as do two other counties. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Mr. Stutler explained that he was able to attend a meeting in Washington, D.C. that was attended by about forty agencies from around the country and the world. Deschutes County was the only county there, and that was by request. He spoke at the conference regarding Project Wildfire and FireFree, and the response was strong. There are many agencies throughout the world working on wildland-urban interface issues. They will use these projects as a model internationally; the work will be finalized this fall. Australian and New Zealand representatives will be coming to Deschutes County to see how the programs are handled here. A brief discussion took place regarding a request by residents of Crooked River Ranch to improve access for them; this comes on the heels of a recent fire in that area. 3. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Letter for the Construction of Manzanita Local Improvement District. George Kolb gave a brief overview of the item. This LID and Pumice Butte LID are the only LIDs left to handle at this time. BANEY: Move approval of Chair signature. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 2 of 23 Pages 4. Before the Board was Consideration of Signature of Document No. 2007- 343, an Intergovernmental Agreement with the Oregon Board of Parole and Post-Prison Supervision regarding Conducting Violation Hearings for Offenders. Becky Wanless said that the Parole Board gives local entities the option of conducting their own violation hearings or having the Parole Board do it. She said the local office has more knowledge about the situation and it is their preference to handle these locally. A small amount of funding is provided by the State, which covers much of the cost of the hearings officers who are already on staff doing other work. 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- 337, a Petition for Change of Boundary and Inclusion of Land into the Central Oregon Irrigation District. Teresa Rozic stated that this amendment relates to an irrigation plan that seeks to transfer water rights from the old fairgrounds location to the new Fair and Expo Center and Knott Landfill. This is primarily a mapping change. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was Consideration of Signature of Resolution No. 2007- 073, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2007-08. Commissioner Luke said that this was discussed at a recent work session. Chair Daly listed the organizations that have asked for a waiver of a certain dollar amount of disposal fees. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 3 of 23 Pages LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2007- 276, a Services Agreement with Maplestar Oregon regarding Juvenile Foster Care Treatment. Deevy Holcomb and Colleen Shearer of Juvenile Community Justice explained that this is a second year renewal, based on an RFP done last year. The amount has not changed. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was Consideration of Signature of Document No. 2007- 346, an Amendment to a Memorandum of Understanding with the Central and Eastern Oregon Juvenile Justice Consortium regarding Administrative Services. Ms. Holcomb said that the Consortium has someone handle the administrative functions and the cost is shared. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 4 of 23 Pages 9. Before the Board was Consideration of Signature of Document No. 2007- 345, an Intergovernmental Agreement with the Central and Eastern Oregon Juvenile Justice Consortium regarding the Functional Family Therapy Program. Ms. Holcomb said a grant was received last year for this service which funds about 95% of the program. The balance is supported through Consortium funds. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 10. Before the Board was Consideration of Signature of Document No. 2007- 344, an Intergovernmental Agreement with the Central and Eastern Oregon Juvenile Justice Consortium regarding a 30-Day Secure Treatment Program. Ms. Holcomb explained that statute allows a 30-day sanction for youth in this program. The agreement allows the other counties to admit their youth into the program since Deschutes County has the only facility to do so. The amount covers the full cost of the program. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 11. Before the Board was Consideration of Signature of Order No. 2007-127, Approving the Four Rivers Vector Control District Pesticide Use Plan for 2007. Bruce Landholt gave a brief overview of the plan for 2007, which has already been approved by the State Health Department and Federal Fish & Wildlife. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 5 of 23 Pages He added that Caldera Springs and a portion of Quail Ridge golf course have been annexed into the District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 12. Before the Board was Consideration of Chair Signature of Document No. 2007-355, an Amendment to an Intergovernmental Agreement with the State of Oregon regarding Public Health Services. Shannon Dames said that this agreement for the most part has to do with public education and is part of the budget. BANEY: Move approval of Chair signature. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 13. Before the Board was Consideration of Signature of Document No. 2007- 347, an Amendment to the Student Affiliation Agreement with Oregon Health and Science University. Ms. Dames stated this continues a program already in process. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 6 of 23 Pages 14. Before the Board was Consideration of Signature of Document No. 2007- 356, a Clinical Affiliation Agreement with Central Oregon Community College regarding Student Nurse Practicum Education. This continues a contract to allow training of COCC nursing students. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 15. Before the Board was Consideration of Signature of Order No. 2007-128, Authorizing County Administrator's Signature of Various Grant Documents and Agreements relating to the Deschutes County Family Drug Court. Greg Canfield, Cheryl Hogan and Lori Hill of Mental Health gave a brief overview of the item. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 16. Before the Board was Consideration of Signature of Document No. 2007- 338, a Subcontract with Cascade Healthcare Community for Psychiatric Emergency Services. Lori Hill said this continues last year's program, which is handled in conjunction with St. Charles Medical Center. There is a small COLA increase included. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 7 of 23 Pages 17. Before the Board was Consideration of Signature of Document No. 2007- 335, an Intergovernmental Agreement with the State of Oregon regarding Vocational Rehabilitation Services for Mental Health Clients. Ms. Hill stated this is a relatively new program and the dollar amount is small at this point. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 18. Before the Board was Consideration of Chair Signature of Document No. 2007-278, an Intergovernmental Agreement with the State of Oregon regarding the Self-Sufficiency Program. Ms. Hill gave a brief overview of the agreement and the program, the goal of which is to get people back to work more quickly. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 19. Before the Board was Consideration of Signature of Document No. 2007- 339, a Services Agreement with Mark Williams, M.D. regarding Mental Health Psychiatric Services. Greg Canfield explained that these services are paid by the State. The insurance information from Dr. Williams still needs to be provided. Commissioner Baney asked if this ever is handled through an RFP process. Mr. Canfield said that he is not sure if an RFP has been done in the past, but in his experience it is hard to get doctors to provide this service due to the rate of pay allowed and other requirements. Lori Hill added that at the time Dr. Williams started doing the work, there were no other psychiatrists practicing in the area. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 8 of 23 Pages Dave Kanner stated that it is extremely hard to obtain the services of a good psychiatrist who is willing to do this kind of work for a government entity. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 20. DELIBERATIONS and Consideration of Signature of Order No. 2007-125, a Measure 37 Claim (Claimant: Central Electric Cooperative). Tom Anderson and Mark Pilliod came before the Board. Some additional material had been submitted at the hearing and the Board had asked for some time to review it. Mr. Pilliod mentioned that he had spoken with Commissioner Baney concerning the waiver issued by the State relative to the Jordan Road line; it is not directly related to this issue. For the record, he wanted to furnish the Board with the final opinion and order and staff report provided by the State. Commissioner Daly asked for a summation. Mr. Pilliod said it has to do with the power line between approximately Eagle Crest and Sisters. In December 2006 a Board decision was made, which has since been reviewed by the Circuit Court and is now at the Court of Appeals. The State's decision was the subject of a decision by DLCD. Their decision was essentially the same as the County's, and as far as he knows it was not appealed. The State was careful to distinguish any later easements from the ones acquired earlier. This is consistent with the Board's decision and practice. Commissioner Baney asked if she could ask a question of the claimant. Mr. Pilliod pointed out that the testimony part of the hearing is closed; the Board would need to provide an opportunity to those in opposition to respond to any new information that may come before the Board today. If new evidence is submitted, the opponents should be allowed to address it as well. This can all happen today. Commissioner Daly asked if this would postpone the decision. Mr. Pilliod replied that the decision could be made today. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 9 of 23 Pages Commissioner Luke asked if the answers to her questions would change her vote. She said they probably would not but was uncertain. Mr. Pilliod said that if information is offered after the vote it could make the matter more complicated. Ms. Baney stated that it could influence her decision and she wants her questions on the record. Commissioner Baney asked if, in order to increase the voltage, the size of the easement is important. Martin Hansen for Central Electric Cooperative stated that the first part of the same line from Eagle Crest was built in as little as ten feet. It depends on engineering requirements. Commissioner Baney noted there are some restrictions on some of the easement sizes, which is why she asked the question. Commissioner Baney asked how they verify whether they are within the easement. Mr. Hansen said they use their own surveyors, and the information is shared with the property owners. They try to work with the property owners, and can move the easement location in some cases if the property owners so desire. Commissioner Baney asked if they are not located within the existing easement, would this take them outside of the acquisition date for that easement. If the line were moved outside of the existing location, they could be out of compliance. Mr. Hansen said that they would stay within the easement in this situation. Commissioner Baney asked how this can be monitored to assure they actually stay within the easement. Commissioner Luke noted that Community Development is not able to monitor rights of way; that is why there are courts. Commissioner Baney stated that approving the waiver allows them to move forward, but there will be no future review of the work to be done. Mr. Hansen said that once he gets a building permit, they take care not to build outside of the area waived to avoid complications such as trespass issues. They hire surveyors to make sure this doesn't happen. Mr. Anderson stated that this Measure 37 waiver process does not approve a use. The waiver sets the land use rules at a specific date; it doesn't get them past land use approval. Technically, they would have to submit for an administrative decision regarding the criteria of the work to be done. A land use approval would be required that authorizes them to move forward. They are not free technically to upgrade the line until they get land use approval. Commissioner Baney said that she wants to consider this as she moves forward. Commissioner Luke stated that cooperatives still have the power to condemn. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 10 of 23 Pages Mr. Anderson said that is true, but they still have to get land use approval to build. Chair Daly asked if there was any further testimony. None was offered. Mark Pilliod clarified what the Order contains. After the last hearing it was noticed that a few words were left off of page 5 of the staff report. In regard to the sentence, "not a development permit.... in 1972 would allow", the words "would allow" have been added. The only other change is on Exhibit B, as references to U.S. Forest land were not included since there is jurisdiction to allow waivers over federal land. The Exhibit now just corresponds with private property only. LUKE: Move approval of the amendments suggested by Legal Counsel. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Commissioner Daly pointed out again that he is a member of Central Electric Cooperative as a customer. Commissioner Baney said she was a past customer and gets a small dividend check every year. LUKE: Move approval of Order No. 2007-125. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 21. Before the Board was Consideration of Approval of an Increase in Employee Co-Pay of Health Benefits Premium. Dave Kanner said that the collective bargaining agreements allow for an annual increase. He had asked EBAC to increase the co-pay to $50, the maximum allowed under the agreements. The County is in good shape with its benefits reserve, and expects next year it will be fully funded by the equivalent of one year. However, he is concerned about the increasing costs of medical care and feels it is important for employees to participate in this aspect. This change would result in a co-pay of about $40. Eventually this will need to go up. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 11 of 23 Pages He said that he feels it is better to ratchet the co-pay up over time instead of doing a big increase all at once. EBAC considered the maximum amount, but felt that at this time it should be raised by a lower amount. They recommended an increase of 8.5% from $35 per month to $38 per month. This is taken out of paychecks pre-tax, resulting in an average cost of $28 per month to employees. Commissioner Luke said he is disappointed that this is coming to the Board at this late date. He would have liked to have more discussion prior to this time. This change would generate only about $30,000 a year. The County was at a co-pay of $50 for several years but union negotiations brought this amount down to $35. They realize there may be a need to raise it in the future. There is also a $15 co-pay each time an employee goes to a service provider. He believes in having a one-year reserve, but can't support this because of the bad will it may generate with employees. Mr. Kanner stated he doesn't recall a request for discussions on this matter. He agreed the increase is symbolic and will show up in the ending fund balance. However, it sends the message that health care costs are going up and that employees need to be aware of this. Commissioner Baney stated this was discussed in the past but didn't' realize it only captures about $30,000. She said perhaps a letter putting everyone on notice might be more appropriate, to offset any potential bad will. Commissioner Luke said the County used to have a Cadillac plan that cost employees nearly nothing. They worked with insurers and decided to go self- insured. A part of this is to have a year's reserve. Employees have given up some benefits to get to this point. With the kind of money now in reserves, and with the very active EBAC, he feels there is no need to make this adjustment at this time. He also noted that most people are very aware of the increasing cost of health care. Commissioner Daly asked about the $13,000 per employee charged to the departments. Mr. Wynne replied that the amount is 8.5% higher than the previous year. The $38 versus the $35 is approximately 8.5%. Basically with this change the employees would be covering the increase. Mr. Wynne explained where the funding comes from; budgeting is done based on past claims and other factors. In the budget the $35 is the basis; the extra $3 will show up as additional revenue. Departments are being charged an additional 8.5% in any case; the 8.5% paid by employees would go into the same fund. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 12 of 23 Pages Commissioner Daly asked if this increase is needed to stay even. Mr. Wynne said that it is a small amount and is primarily symbolic. It is not necessary to fund the program. Commissioner Luke stated the City of Bend is not self-insured and they do not have a reserve. The money paid by the County into reserves should be able to cover a year's claims. Commissioner Luke said that it is already in the budget at $35. Commissioner Baney thought that a note should go to employees to put them on alert that this cost could go up in the future. The item died for lack of a motion. 22. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2007-017, Adopting Revised Personnel Rules. LUKE: Move first and second readings by title only. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly conducted the first and second readings by title only, declaring an emergency. Mr. Kanner said that the old policies are outdated and in some cases conflict with newer state and federal laws. These rules would bring the County into compliance. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 13 of 23 Pages 23. Before the Board was Consideration of Signature of Order No. 2007-102, Distributing Monies from the Deschutes County Land Sales Fund. Susan Ross distributed the Order to the Board at this time. This fund is the land sales fund, and all proceeds from foreclosure sales go into this as well as penalties, fees and interest on notes. The Order allows the appropriate amounts to be distributed to the taxing districts. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 24. Before the Board was Consideration of Signature of Resolution No. 2007- 093, Adopting the Fiscal Year 2007-08 Budget for Deschutes County. LUKE: Move approval. BANEY: Second. Commissioner Baney said that she would prefer the increased tipping fee be removed from the budget. The citizen members of the Budget Committee all voted against this increase. Also, much of the federal funding for the Road Department is being lost, and she would like to carefully analyze how this funding can be restored, perhaps by increased tipping fees and other sources. She said she feels she would like to have the situation analyzed more fully. The increased fee could be initiated at later date if needed. VOTE: BANEY: No. (Split vote.) LUKE: Yes. DALY: Chair votes yes. 25. Before the Board was Consideration of Signature of Resolution No. 2007- 082, Adopting and Continuing Fees and Charges for Fiscal Year 2007-08 for Services Provided by Deschutes County. LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 14 of 23 Pages VOTE: BANEY: No. (Split vote) LUKE: Yes. DALY: Chair votes yes. 26. Before the Board was Consideration of Signature of Resolution No. 2007- 103, Levying Ad Valorem Taxes, and Making Appropriations of the Deschutes County Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. LUKE: Move that item #27 be removed from the consent agenda for further consideration. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Commissioner Luke said that in regard to item #27, he would like to see the administrative fee of $500 paid by the City. Ms. Rozic stated that they are already willing to pay this fee. She added that it should be approved subject to the City of Bend's review and acceptance of the title report. LUKE: Move approval, subject to acceptance of the title report and bargain and sale deed by the City of Bend, and that the administration fee of $500 be paid by the City to the County. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly had to leave the meeting at this time. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 15 of 23 Pages BANEY: Move approval of the Consent Agenda. LUKE: Second. VOTE: BANEY: Yes. LUKE: CONSENT AGENDA Vice Chair votes yes. 27. Signature of Document No. 2007-181, a Bargain and Sale Deed Conveying a Parcel of Land to the City of Bend for Roadway and Utility Purposes 28. Signature of Document No. 2007-283, an Addendum to a Space Use Agreement with Trillium Family Services 29. Signature of a Letter Reappointing Craig Unger to the Central Oregon Regional Housing Authority (DBA HousingWorks) Board, through June 30, 2011 30. Signature of Letters Reappointing Judith Parker and Norma Brenton to the Deschutes County Dog Control Board of Supervisors, through June 30, 2009 31. Approval of Economic Development Grant Requests. (There were none at this time) 32. Approval of Minutes of Board Meetings: Business Meetings: June 18 and June 20, 2007 Work Session: June 20, 2007 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 33. Before the Board was Consideration of Signature of Resolution No. 2007- 083, Adopting and Continuing Fees and Charges for Services of Deschutes County 9-1-1 County Service District for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 16 of 23 Pages 34. Before the Board was Consideration of Signature of Resolution No. 2007- 084, Adopting the Fiscal Year 2007-08 Budget for the 9-1-1 County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 35. Before the Board was Consideration of Signature of Resolution No. 2007- 094, Levying Ad Valorem Taxes, and Making Appropriations within the 9- 1-1 County Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 36. Before the Board was Consideration of Signature of Resolution No. 2007- 086, Adopting the Fiscal Year 2007-08 Budget for the Deschutes County Extension and 4-H County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 37. Before the Board was Consideration of Signature of Resolution No. 2007- 096, Levying Ad Valorem Taxes, and Making Appropriations of the Deschutes County Extension and 4-H County Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 17 of 23 Pages VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 38. Before the Board was Consideration of Signature of Resolution No. 2007- 085, Adopting the Fiscal Year 2007-08 Budget for the Sunriver Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 39. Before the Board was Consideration of Signature of Resolution No. 2007- 095, Levying Ad Valorem Taxes, and Making Appropriations of the Sunriver Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 40. Before the Board was Consideration of Signature of Resolution No. 2007- 087, Adopting the Fiscal Year 2007-08 Budget for the Bend Library County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 18 of 23 Pages 41. Before the Board was Consideration of Signature of Resolution No. 2007- 097, Levying Ad Valorem Taxes, and Making Appropriations of the Bend Library County Service District Fiscal Year 2007-08 Budget. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 42. Before the Board was Consideration of Signature of Resolution No. 2007- 088, Adopting the Fiscal Year 2007-08 Budget for the Redmond Library County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 43. Before the Board was Consideration of Signature of Resolution No. 2007- 098, Levying Ad Valorem Taxes, and Making Appropriations of the Redmond Library County Service District for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 44. Before the Board was Consideration of Signature of Resolution No. 2007- 099, Levying Ad Valorem Taxes, and Making Appropriations within the Sunriver Library County Service District Budget for Fiscal Year 2007-08. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 19 of 23 Pages BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 45. Before the Board was Consideration of Signature of Resolution No. 2007- 089, Adopting the Fiscal Year 2007-08 Budget for the Sunriver Library County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 46. Before the Board was Consideration of Signature of Resolution No. 2007- 090, Adopting the Fiscal Year 2007-08 Budget for Black Butte Ranch County Service District. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 47. Before the Board was Consideration of Signature of Resolution No. 2007- 100, Levying Ad Valorem Taxes, and Making Appropriations of the Black Butte Ranch County Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 20 of 23 Pages CONVENED AS THE RURAL LAW ENFORCEMENT DISTRICT 48. Before the Board was Consideration of Signature of Resolution No. 2007- 091, Adopting the Deschutes County Rural Law Enforcement Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 49. Before the Board was Consideration of Signature of Resolution No. 2007- 101, Levying Ad Valorem Taxes, and Making Appropriations of the Rural Law Enforcement Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. CONVENED AS THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 50. Before the Board was Consideration of Signature of Resolution No. 2007- 092, Adopting the Deschutes County Countywide Law Enforcement Service District Budget for Fiscal Year 2007-08. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. 51. Before the Board was Consideration of Signature of Resolution No. 2007- 102, Levying Ad Valorem Taxes, and Making Appropriations of the Countywide Law Enforcement Service District Budget for Fiscal Year 2007-08. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 21 of 23 Pages BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 52. ADDITIONS TO THE AGENDA Commissioner Luke asked that the tipping fee be instituted after 60 days, so that the haulers will have adequate time to notify customers. Commissioner Baney stated she would like to wait until the idea of other types of funding, such as an SDC, are addressed. Commissioner Luke observed that it could take a long time to resolve this issue. Commissioner Baney then said that she thinks they should ask for $10 instead of $5. Mr. Kanner stated that the timber receipt funds do not go into operations, just into preservation and overlay projects. The operational money is being cut. There will be a small additional amount from State gas tax. They will be losing overall funding, however. They will not be able to keep pace with the increased cost and demand. Commissioner Baney said she realized this is a serious issue but she prefers to analyze all alternatives before instituting one of them. The $5 was put into place because no funding was anticipated; however, the program was continued for a year. Now all alternatives need to be discussed. Commissioner Luke stated that they are short over $1 million to complete a mandatory project at Deschutes Junction. This is a necessary move, and the impact to citizens will be minimal. This is an opportunity before going into a big crisis mode to generate some funds for reserves. The legislature won't act to improve the situation. In fact, they are taking funding away from ODOT. Mr. Kanner clarified that the committee is working only on the SDC methodology, not the road situation in general. Commissioner Baney said she would like to utilize that same group to analyze the overall situation instead of addressing it in a piecemeal manner. Commissioner Luke said that local government is very restricted on sources of revenue, but this is one the Board can do. Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 22 of 23 Pages BANEY: Move that the tipping fee be instituted on September 1 so the haulers can work with their customers and their billing process, with the clarification that in principle, she is not in favor of the increase at this point. LUKE: Second. VOTE: BANEY: Yes. LUKE: Vice Chair votes yes. Being no further items to come before the Board, Vice Chair Luke adjourned the meeting at 12:02 p.m. DATED this 27th Day of June 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy aney, Comm' s1 ner Minutes of Board of Commissioners' Business Meeting Wednesday, June 27, 2007 Page 23 of 23 Pages Llenms K. Luke, vice Chair BEFORE THE DEPARTMENT OF ADMINISTRATIVE SERVICES, THE DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT OF THE STATE OF OREGON IN THE MATTER OF THE CLAIM FOR ) FINAL ORDER COMPENSATION UNDER ORS 197.352 } CLAIM NO. MI 22394 (BALLOT MEASURE 3 7) OF ) Central Electric Cooperative, Inc., CLAIMANT ) Claimant: Central Electric Cooperative, Inc. (the Claimant) Property: That certain real property located in Deschutes County, Oregon as described in Exhibit 1 to claimant's claim, which property is located within the following described tax lots: Township 15S, Range 10E, Section 13, Tax lots 100, 400 and 702 Township 15S, Range 11E, Tax lot 2900 Township 15S, Range I IE, Section 17, Tax lots 700, 800, 1000, 1100 and 1200 Township 15S, Range I IE, Section 18, Tax lots 1300, 1500, 1600, 1601, 1700, 1701, 1800 and 1900 Township 15S, Range 12E, Tax lots 4700 and 5000 Township 15S, Range 12E, Section 16CA, Tax lots 500, 2100, 2200, 2300, 2400, 2500, 2600, 3500 and 3600 Township 15S, Range 12E, Section 16CB, Tax lots 900, 100, 1100, 1200, 1300, 1400, 1500, 1600 and 1700 Township 15S, Range 12E, Section 16C, Tax lot 200 Deschutes County (the Property) Claim: The demand for compensation and any supporting information received from the Claimant by the State of Oregon (the Claim). Claimant submitted the Claim to the State of Oregon under ORS 197.352. Under OAR 125-145- 0010 et seq., the Department of Administrative Services (DAS) referred the Claim to the Department of Land Conservation and Development (DLCD) as the regulating entity. This order is based on the record herein, including the Findings and Conclusions set forth in the Final Staff Report and Recommendation of DLCD (the DLCD Report) attached to and by this reference incorporated into this order. ORDER The Claim is approved as to laws administered by DLCD and the Land Conservation and Development Commission (LCDC) for the reasons set forth in the DLCD Report, and subject to the following terms: 1. In lieu of compensation under ORS 197.352, the State of Oregon will not apply the following law to Central Electric Cooperative's upgrade of its transmission-distribution line to the extent FINAL ORDER Page 1 of 4 that such upgrade is located within the area authorized under the easements contained in Exhibit 1 to the claim, and to the extent that the upgrade is encompassed within the use rights granted by those easements: ORS 215.130(5) and (9). This land use regulation will not apply to the claimant only to the extent necessary to allow it to use the area authorized under the easements contained in Exhibit 1 to the claim to construct, operate and maintain a 115 kV transmission line and associated poles within such area, and only to the extent that use was permitted when it acquired the easement on August 10, 1962. 2. The action by the State of Oregon provides the state's authorization to the claimant to use its property for the use described in this report, subject to the standards in effect on August 10, 1962. 3. To the extent that any law, order, deed, agreement or other legally enforceable public or private requirement provides that the subject easement may not be used without a permit, license or other form of authorization or consent, the order will not authorize the use of the easement unless the claimant first obtains that permit, license or other form of authorization or consent. Such requirements may include, but are not limited to: a building permit, a land use decision, a "permit" as defined in ORS 215.402 or 227.160, other permits or authorizations from local, state or federal agencies and restrictions on the use of the subject easement imposed by private parties. 4. Any use of the subject property by the claimant under the terms of the order will remain subject to the following laws: (a) those laws not specified in Condition 1 above; (b) any laws enacted or enforced by a public entity other than the Commission or the department; and (c) those laws not subject to ORS 197.352 including, without limitation, those laws exempted under ORS 197.352(3). 5. Without limiting the generality of the foregoing terms and conditions, in order for the claimant to use the subject property, it may be necessary for it to obtain a decision under ORS 197.352 from a city and/or county and/or metropolitan service district that enforces land use regulations applicable to the easement. Nothing in this order relieves the claimant from the necessity of obtaining a decision under ORS 197.352 from a local public entity that has jurisdiction to enforce a land use regulation applicable to a use of the subject easement by the claimant. This Order is entered by the Manager for the Measure 37 Division of the DLCD as a final order of DLCD and the Land Conservation and Development Commission under ORS 197.352, OAR 660-002-0010(8), and OAR 125, division 145; and by the Administrator for the State Services Division of the DAS as a final order of DAS under ORS 197.352, OAR 125, division 145, and ORS 293. FINAL ORDER Page 2 of 4 FOR DLCD AND THE LAND CONSERVATION AND DEVELOPMENT COMMISSION: Lane Shetterly, Director C Michael Morrissey, Manager DLCD, Measure 37 Services Lision Dated this lst day of August, 2006. FOR the DEPARTMENT OF ADMINISTRATIVE SERVICES: David Hartwig, Adm1 for DAS, State Services Division Dated this 1 st day of August, 2006. NOTICE OF RIGHT TO APPEAL OR OTHER JUDICIAL RELIEF You are entitled, or may be entitled, to judicial remedies including the following: 1. Judicial review under ORS 183.484: Judicial review under ORS 183.484 may be obtained by filing a petition for review within 60 days from the service of this order. A petition for judicial review under ORS 183.484 may be filed in the Circuit Court for Marion County or the Circuit Court in the county in which you reside. 2. A cause of action under ORS 197.352 (Measure 37 (2004)): If a land use regulation continues to apply to the subject property more than 180 days after the present owner of the property has made written demand for compensation under ORS 197.3521, the present owner of the property, or any interest therein, shall have a cause of action in the circuit court in which the real property is located. (Copies of the documents that comprise the record are available for review at the Department's office at 635 Capitol Street NE, Suite 150, Salem, Oregon 97301-2540) 1 By order of the Marion County Circuit Court, "all time lines under Measure 37 [were] suspended indefinitely" on October 25, 2005. This suspension was lifted on March 13, 2006 by the court. As a result, a period of 139 days (the number of days the time lines were suspended) has been added to the 180-day time period under ORS 197.352(6) for claims that were pending with the state on October 25, 2005. FINAL ORDER Page 3 of 4 FOR INFORMATION ONLY The Oregon Department of Justice has advised the Department of Land Conservation and Development that "[i]f the current owner of the real property conveys the property before the new use allowed by the public entity is established, then the entitlement to relief will be lost." FINAL ORDER Page 4 of 4 ORS 197.352 (BALLOT MEASURE 37) CLAIM FOR COMPENSATION OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT Final Staff Report and Recommendation August 1, 2006 STATE CLAIM NUMBER: NAME OF CLAIMANT: MAILING ADDRESS: M122394 Central Electric Cooperative, Inc. P.O. Box 846 Redmond, Oregon 97756 PROPERTY IDENTIFICATION: OTHER CONTACT INFORMATION: DATE RECEIVED BY DAS: 180-DAY DEADLINE: That certain real property located in Deschutes County, Oregon as described in Exhibit 1 to claimant's claim, which property is located within the following described tax lots: Township 15S, Range 10E, Section 13 Tax lots 100, 400 and 702 Township 15S, Range 11 E Tax lot 2900 Township 15S, Range 11E, Section 17 Tax lots 700, 800, 1000, 1100 and 1200 Township 15S, Range 11E, Section 18 Tax lots 1300, 1500, 1600, 1601, 1700, 1701, 1800 and 1900 Township 15S, Range 12E Tax lots 4700 and 5000 Township 15S, Range 12E, Section 16CA Tax lots 500, 2100, 2200, 2300, 2400, 2500, 2600, 3500 and 3600 Township 15S, Range 12E, Section 16CB Tax lots 900, 100, 1100, 1200, 1300, 1400, 1500, 1600 and 1700 Township 15S, Range 12E, Section 16C Tax lot 200 Deschutes County Martin E. Hanson 1148 Northwest Hill Street Bend, Oregon 97701 September 19, 2005 August 2, 20061 1 This date reflects 180 days from the date the claim was submitted, as extended by the 139 days that all timelines under Measure 37 were suspended during the pendency of MacPherson v. Dept. ofAdmin. Srvcs., 340 Or 117 (2006). M#122394 - Central Electric Cooperative 1 I. SUMMARY OF CLAIM The claimant, Central Electric Cooperative, seeks compensation in the amount of $7,905,000 for the reduction in fair market value as a result of land use regulations that are alleged to restrict its desired use of certain private real property. The claimant desires compensation or the right to upgrade an electrical transmission line and associated poles located on an easement owned by the claimant. The line that runs on the subject easement is a portion of an electric transmission line, referred to as the Jordan Road line, that runs across 4.56 miles of private real property located in northern Deschutes County. (See claim.) II. SUMMARY OF STAFF RECOMMENDATION Based on the preliminary findings and conclusions set forth below, the Department of Land Conservation and Development (the department) has determined that the claim is valid. Department staff recommends that, in lieu of compensation, the requirements of the following state laws enforced by the Land Conservation and Development Commission (the Commission) or the department not apply to Central Electric Cooperative's upgrade of the current power line to the extent that such use is located within the area of use authorized by the easements granted to Central Electric Cooperative prior to 1964 and included with the claim submittal: ORS 215.130(5) and (9). This law will not apply to the claimant's desired use only to the extent necessary to allow it to use the subject property for the use described in this report, and only to the extent that use was permitted when it acquired the rights to construct, operate and maintain an electric transmission or distribution line or system on various dates in 1962. (See the complete recommendation in Section VI of this report.) III. COMMENTS ON THE CLAIM Comments Received On May 24, 2006, pursuant to OAR 125-145-0080, the Oregon Department of Administrative Services (DAS) provided written notice to the owners of surrounding properties. According to DAS, three written comments were received in response to the 20-day notice. One of the written comments does not address whether the claim meets the criteria for relief under ORS 197.352. Continents concerning the effects a use of the subject easement may have on surrounding areas are generally not something that the department is able to consider in determining whether to waive a state law. If funds do become available to pay compensation, then such effects may become relevant in determining which claims to pay compensation for instead of waive a state law. The other comments are relevant, and include information and legal argument concerning whether the claimant's easement is private real property and therefore eligible for compensation under Measure 37, whether the restriction on the claimant's use of the subject easement reduces the fair market value of the property, and whether the subject easements were acquired in 2001 (after the alleged law reducing the value of the property was enacted) rather than 1962. These comments have been considered by the department in preparing this report, along with comments that have been received on the draft report (see section VII of this report). M#122394 - Central Electric Cooperative 2 IV. TIMELINESS OF CLAIM Requirement ORS 197.352(5) requires that a written demand for compensation be made: 1..For claims arising from land use regulations enacted prior to the effective date of Measure 37 (December 2, 2004), within two years of that effective date, or the date the public entity applies the land use regulation as an approval criteria to an application submitted by the owner, whichever is later; or 2. For claims arising from land use regulations enacted after the effective date of Measure 37 (December 2, 2004), within two years of the enactment of the land use regulation, or the date the owner of the property submits a land use application in which the land use regulation is an approval criteria, whichever is later. Findings of Fact This claim was submitted to DAS on September 19, 2005, for processing under OAR 125, division 145. The claim identifies ORS 215.130(5) and (9) (Alteration of Nonconforming Use) as the basis for the claim. Only laws that were enacted or adopted prior to December 2, 2004, are the basis for this claim. Conclusions The claim has been submitted within two years of the effective date of Measure 37 (December 2, 2004), based on land use regulations enacted or adopted prior to December 2, 2004, and is therefore timely filed. V. ANALYSIS OF CLAIM 1. Ownershi ORS 197.352 provides for payment of compensation or relief from specific laws for "owners" as that term is defined in ORS 197.352. ORS 197.352(11)(C) defines `owner" as "the present owner of the property, or any interest therein." Findings of Fact The property that is the subject of this claim is defined by the easements that the claimant, Central Electric Cooperative (CEC), provided with the claim. These easements were acquired in 1961 and 1962.2 2 According to the claim, the claimant built the Jordan Road line entirely with a "blanket easement" which they obtained in 1962. The claim includes eleven different right of way easements with acquisition dates of November 21, 1961, January 16 (two) and 29, 1962, February 2 and 14, 1962, March 6 and 21, 1962, May 25, 1962, August 10, 1962, and March 15, 1972. According to the claim, the claimant "moved a portion of the Jordan Road line subject to the claim again in 1972 under another easement dated March 1972 (still prior to the adoption of the statewide planning goals or ORS 215.130) that was redundant to the 1962 blanket easement." For purpose of this M#122394 - Central Electric Cooperative 3 In 2001, CEC acquired replacement easements for much of the power line route (but, apparently, not all). To the extent that the new easements simply continue the same rights of use as the initial easements, and do not encompass any new area, the Department finds that CEC acquired the rights to construct, operate and maintain an electrical transmission or distribution system on August 10, 1962. However, in at least one case, there is a 1962 easement that was not a blanket easement, and the new easement in 2001 expanded the width of the easement area. The Department finds that the claimant acquired the rights to use the additional area for this easement area in 2001. The easement is located within tax lot 200 (grantor - Central Oregon Irrigation District) in T15S R12E section 16 (SW %4) (easement #10 in Exhibit 1 to claim). The easement width for this easement was increased from 20 feet to 40 feet, and the 2001 date will apply to the area beyond the initial 20-foot width (hereafter, "Area 2"). The Department notes that easements contained in Exhibit 4 to the claim (the 2001 easements) appears to include other areas not covered by the 1962 easements. The relief provided by this report and accompanying order is limited to the area and rights granted by the 1961-1962 easements submitted as Exhibit 1 to the claim. To the extent that the claimant's proposed rebuild of the transmission line is not within the geographic scope or use rights granted by the 1961-1962 easements, that use is not authorized by this report and accompanying order. CEC's property is "private property" for purposes of ORS 197.352, because CEC is a privately owned electrical cooperative. Conclusions The claimant, CEC is the current owner of property rights to construct, operate and maintain an electric distribution or transmission line or system under the easements submitted as Exhibit 1 to CEO's claim. To the extent that the easement area described in Exhibit 4 to the claim extends outside of the area described in 1961-62 easements, or encompasses additional rights of use beyond the right to construct, operate and maintain an electric transmission or distribution system granted in the 1961-62 easements, CEC acquired these rights in 2001. The department makes no finding or conclusion that the rights authorized by the 1961-62 easements and included with the claim as Exhibit 1 are sufficient to authorize construction of the entire 115 kV transmission line that CEC desires to build, operate and maintain. CEO's property that is the subject of this claim is private real property.3 2. The Laws That are the Basis for This Claim In order to establish a valid claim, ORS 197.352(1) requires, in part, that a law must restrict the claimant's use of private real property in a manner that reduces the fair market value of the property relative to how the property could have been used at the time the claimant or a family member acquired the property. claim, the date the last easement was acquired on August 10, 1962 is the date the claimant acquired its rights to construct, operate and maintain an electric transmission or distribution line or system within the subject property. Further, two of the eleven easements are not "blanket" easements, but are instead a described width on either side of a described center line. One of these easements (Keith and Connie Cyrus, grantors, appears not to have been replaced with a new easement in 2001). s Central Electric Cooperative is an electric cooperative organized under ORS chapter 62 registered with the Oregon Secretary of State. M#122394 - Central Electric Cooperative 4 Findines of Fact The claim indicates that "current land use regulations of Deschutes County and the state of Oregon limit the upgrading of the current Jordan Road line with CEC's easement. For that reason state and local land use ordinances have restricted CEC's use of its private property, its easement, for Measure 37 purposes." The claim is based generally on the applicable provisions of state law that limit the expansion of non-conforming uses. ORS 215.130(5) and (9). The subject property includes three zones, Exclusive Farm Use, Sisters/Cloverdale ( EFU SC), Surface Mining (SM), and Multiple Use Agriculture (MUA 10). According to the claimant, upgrade of the Jordan Road line, is limited or prohibited in all three zones, and is therefore subject to the criteria for nonconforming uses under ORS 215.130. Current land use regulations, particularly ORS 215.130(5) and (9), apply to the alteration of a nonconforming use, as follows: (5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. Alteration of any such use may be permitted subject to subsection (9) of this section. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. Except as provided in ORS 215.215, a county shall not place conditions upon the continuation or alteration of a use described under this subsection when necessary to comply with state or local health or safety requirements, or to maintain in good repair the existing structures associated with the use. A change of ownership or occupancy shall be permitted. (9) As used in this section, "alteration" of a nonconforming use includes: (a) A change in the use of no greater adverse impact to the neighborhood; and (b) A change in the structure or physical improvements of no greater adverse impact to the neighborhood. The claimant acquired the subject easements in 1962, prior to the adoption of the statewide planning goals and their implementing statutes and regulations. The claimant has continuously owned the right to main interest in the subject property since 1962, which predates the November 15, 1972 effective date of PL-5, the county zoning ordinance, and the date when ORS 215.130(5) and 215.130(9) were enacted.4 The claim includes evidence that the claimant has been denied a permit to alter a non- conforming use under ORS.215.130 and corresponding provisions of the county's ordinances. The Department notes that at least some portion of claimant's desired use may be allowed under ORS 215.283 and corresponding provisions of Goal 3 and OAR 660-033. Nevertheless, the Department concludes that the restrictions on alterations of a non-conforming use in ORS 215.130(5) and (9) are applicable to the claimant's desired use. It appears that ORS 215.130 became applicable to the claimant's use of the subject property on November 15, 1972 when Deschutes County adopted PL-5 and applied zoning to the subject property. ORS 215.130(9) was enacted in 1979, and ORS 215.130(5) in 1977. M#122394 - Central Electric Cooperative 5 Conclusions The current criteria for the alteration of a nonconforming use established by ORS 215.130(5) and (9), were enacted or adopted after the claimant acquired the rights to construct, operate and maintain an electrical transmission line or system on August 10, 1962. This statute restricts the claimant's desired use of its property - to upgrade the Jordan Road line. This report addresses only those state laws that are identified in the claim, or that the department is certain apply to the subject line and easement based on the use that the claimant has identified. There may be other laws that currently apply to the claimant's use of the subject easement, and that may continue to apply to the claimant's use of the easement, that have not been identified in the claim. In some cases, it will not be possible to know which laws apply to a use of subject easement until there is a specific proposal for that use. When the claimant seeks a building or development permit to carry out a specific use, it may become evident that other state laws apply to that use. 3. Effect of Regulations on Fair Market Value In order to establish a valid claim, ORS 197.352(1) requires that the land use regulation(s) (described in Section V.(2) of this report) must have "the effect of reducing the fair market value of the property, or any interest therein." FindinEs of Fact The claim includes an estimate of $7,905,000 as the reduction in the subject easement's fair market value due to the regulation(s). This amount is based on the cost to the claimant to bury the 4.65-mile portion of the Jordon Road line of $2 million per mile, less the cost of the desired above-ground modification of $300,000 per miles Nothing in ORS 215.130(5) or (9) requires that the claimant bury the proposed transmission line upgrade. As a result, the Department cannot conclude on that basis that the identified land use regulations have had the effect of reducing the fair market value of the property. However, the Department notes that the effect of ORS 215.130(5) and (9) is that CEC is unable to obtain approval of its desired use of the property as an alteration of a non-conforming use. This would otherwise force CEC to seek approval of its desired use under ORS 215.283(1)(d) or other provisions of 215.283. Doing so would require the preparation of additional evidence and application to Deschutes County, which would cost CEC some amount. As a result, there has been some additional cost and some reduction in value as a result of the identified land use regulation. Conclusions As explained in Section V.(1) of this report, the claimant is Central Electric Cooperative who acquired the subject easement in 1962. Under ORS 197.352, the claimant is due compensation for land use regulations that restrict the use of the subject private easement and have the effect of reducing its fair market value. Based on the findings and conclusions in Section V.(2) of this report, laws enacted or adopted since the claimant acquired the subject easement restrict the ' According to the claim, the reduction is fair market value in the claimant's easement is attributed to ORS 215.130, which requires that they excavate and bury their transmission-distribution line. M#122394 - Central Electric Cooperative 6 claimant's desired use of the property. The claimant estimates that the effect of the rcgulation(s) on the fair market value of the property is a reduction of $7,905,000. Without an appraisal or other documentation and without verification of whether or the extent to which the claimant's desired use of the subject property was allowed under the standards in effect when the claimant acquired the property, it is not possible to substantiate the specific dollar amount by which the land use regulations have reduced the fair market value of the property. The Department specifically does not agree with the assumptions claimant has based its estimate on. Nevertheless, based on the fact that some additional cost would be required of CEC as a result of not being able to permit the proposed use as an alteration of a nonconforming use, the department determines that it is more likely than not that the fair market value of the subject easement has been reduced to some extent as a result of land use regulations enforced by the Commission or the department. 4. Exemptions Under ORS 197 352(3) ORS 197.352 does not apply to certain land use regulations. In addition, under ORS 197.352(3), certain types of laws are exempt from ORS 197.352. Findings of Fact The claim is based on state land use regulations that restrict the use of the subject property, including applicable provisions of ORS 215.130. This land use regulation was enacted or adopted after the claimant acquired the subject rights to construct, operate and maintain an electrical transmission or distribution system. Conclusions Without a specific development proposal for the subject property, it is not possible for the department to determine all the laws that may apply to a particular use of the easement, or whether those laws may fall under one or more of the exemptions under ORS 197.352. It appears that none of the general statutory, goal and rule restrictions on upgrading the claimant's transmission-distribution line were in effect when the claimant acquired it in 1962. As a result, these laws are not exempt under ORS 197.352(3)(E). Laws in effect when the claimant acquired the subject easement are exempt under ORS 197.352(3)(E), and will continue to apply to the claimant's use of the easement. There may be other laws that continue to apply to the claimant's use of the subject easement that have not been identified in the claim. In some cases, it will not be possible to know which laws apply to a use of subject easement until there is a specific proposal for that use. When the claimant seeks a building or development permit to carry out a specific use, it may become evident that other state laws apply to that use. In some cases, some of these laws may be exempt under ORS 197.352(3)(A) to (D). This report addresses only those state laws that are identified in the claim, or that the department is certain apply to the subject easement based on the use that the claimant has identified. Similarly, this report only addresses the exemptions provided for under ORS 197.352(3) that are clearly applicable, given the information provided to the department in the claim. The claimant M#122394 - Central Electric Cooperative 7 should be aware that the less.information it has provided to the department in the claim, the greater the possibility that there may be additional laws that will later be determined to continue to apply to its use of the subject easement. VI. FORM OF RELIEF ORS 197.352(1) provides for payment of compensation to an owner of private real property if the Commission or the department has enforced a law that restricts the use of the subject easement in a manner that reduces its fair market value. In lieu of compensation, the department may choose to not apply the law in order to allow the present owner to carry out a use of the subject property permitted at the time the present owner acquired the property. The Commission, by rule, has directed that if the department determines a claim is valid, the Director of the department must provide only non-monetary relief unless and until funds are appropriated by the legislature to pay claims. Findings of Fact Based on the findings and conclusions set forth in this report, laws enforced by the Commission or the department restrict the claimant's desired use of the subject property. The claim asserts that existing state land use regulations enforced by the Commission or the department have the effect of reducing the fair market value of the subject easement by $7,905,000. However, because the claim does not provide an appraisal or other relevant evidence demonstrating that the land use regulations described in Section V.(2) reduce the fair market value of the subject property, a specific amount of compensation cannot be determined. Nevertheless, based on the record for this claim, the department has determined that the laws on which the claim is based likely have reduced the fair market value of the subject easement to some extent. No funds have been appropriated at this time for the payment of claims. In lieu of payment of compensation, ORS 197.352 authorizes the department to modify, remove or not apply all or parts of certain land use regulations to allow Central Electric Cooperative to use the subject easement for a use permitted at the time it acquired the easement on August 10, 1962. Conclusions Based on the record, the department recommends that the claim be approved, subject to the following terms: 1. In lieu of compensation under ORS 197.352, the State of Oregon will not apply the following law to Central Electric Cooperative's upgrade of its transmission-distribution line to the extent that such upgrade is located within the area authorized under the easements contained in Exhibit 1 to the claim, and to the extent that the upgrade is encompassed within the use rights granted by those easements: ORS 215.130(5) and (9). This land use regulation will not apply to the claimant only to the extent necessaryto allow it to use the area authorized under the easements contained in Exhibit 1 to the claim to construct, operate and maintain a 115 kV transmission line and associated poles within such area, and only to the extent that use was permitted when it acquired the easement on August 10, 1962. M#122394 - Central Electric Cooperative 8 2. The action by the State of Oregon provides the state's authorization to the claimant to use its property for the use described in this report, subject to the standards in effect on August 10, 1962. 3. To the extent that any law, order, deed, agreement or other legally enforceable public or private requirement provides that the subject easement may not be used without a permit, license or other form of authorization or consent, the order will not authorize the use of the easement unless the claimant first obtains that permit, license or other form of authorization or consent. Such requirements may include, but are not limited to: a building permit, a land use decision, a "permit" as defined in ORS 215.402 or 227.160, other permits or authorizations from local, state or federal agencies and restrictions on the use of the subject easement imposed by private parties. 4. Any use of the subject property by the claimant under the terms of the order will remain subject to the following laws: (a) those laws not specified in Condition I above; (b) any laws enacted or enforced by a public entity other than the Commission or the department; and (c) those laws not subject to ORS 197.352 including, without limitation, those laws exempted under ORS 197.352(3). 5. Without limiting the generality of the foregoing terms and conditions, in order for the claimant to use the subject property, it may be necessary for it to obtain a decision under ORS 197.352 from a city and/or county and/or metropolitan service district that enforces land use regulations applicable to the easement. Nothing in this order relieves the claimant from the necessity of obtaining a decision under ORS 197.352 from a local public entity that has jurisdiction to enforce a land use regulation applicable to a use of the subject easement by the claimant. VIL COMMENTS ON THE DRAFT REPORT Comments on the draft report were submitted by the claimant and by several owners of property affected by the claimant's desired use. These comments were considered by the department in preparing this report. M#122394 - Central Electric Cooperative 9 E S G C 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 279 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 Resolution No. 2007-105, regarding the 2007 Election to Receive National Forest Related Safety Net Payments (Title II and Title III) - Joe Studer, County Forester 3. CONSIDERATION of Chair Signature of a Notice of Intent to Award Letter for the Construction of Manzanita Local Improvement District - George Kolb, Road Department 4. CONSIDERATION of Signature of Document No. 2007-343, an Intergovernmental Agreement with the Oregon Board of Parole and Post-Prison Supervision regarding Conducting Violation Hearings for Offenders - Becky Wanless, Adult Parole and Probation Department 5. CONSIDERATION of Signature of Document No. 2007-3375 a Petition for Change of Boundary and Inclusion of Land into the Central Oregon Irrigation District - Teresa Rozic, Property Management 6. CONSIDERATION of Signature of Resolution No. 2007-073, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2007-08 - Timm Schimke, Solid Waste Department Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 1 of 12 Pages 7. CONSIDERATION of Signature of Document No. 2007-276, a Services Agreement with Maplestar Oregon regarding Juvenile Foster Care Treatment - Deevy Holcomb and/or Bob La Combe, Juvenile Community Justice 8. CONSIDERATION of Signature of Document No. 2007-346, an Amendment to a Memorandum of Understanding with the Central and Eastern Oregon Juvenile Justice Consortium regarding Administrative Services - Deevy Holcomb and/or Colleen Shearer, Juvenile Community Justice 9. CONSIDERATION of Signature of Document No. 2007-345, an Intergovernmental Agreement with the Central and Eastern Oregon Juvenile Justice Consortium regarding the Functional Family Therapy Program - Deevy Holcomb and/or Colleen Shearer, Juvenile Community Justice 10. CONSIDERATION of Signature of Document No. 2007-344, an Intergovernmental Agreement with the Central and Eastern Oregon Juvenile Justice Consortium regarding a 30-Day Secure Treatment Program - Deevy Holcomb and/or Colleen Shearer, Juvenile Community Justice 11. CONSIDERATION of Signature of Order No. 2007-127, Approving the Four Rivers Vector Control District Pesticide Use Plan for 2007 - Bruce Landholt and/or Chad Stubblefield of Four Rivers; and/or Shannon Danes, Health Department 12. CONSIDERATION of Chair Signature of Document No. 2007-355, an Amendment to an Intergovernmental Agreement with the State of Oregon regarding Public Health Services - Dan Peddycord, Health Department 13. CONSIDERATION of Signature of Document No. 2007-347, an Amendment to the Student Affiliation Agreement with Oregon Health and Science University - Dan Peddycord, Health Department 14. CONSIDERATION of Signature of Document No. 2007-356, a Clinical Affiliation Agreement with Central Oregon Community College regarding Student Nurse Practicum Education - Shannon Danes, Health Department 15. CONSIDERATION of Signature of Order No. 2007-128, Authorizing County Administrator's Signature of Various Grant Documents and Agreements relating to the Deschutes County Family Drug Court - Scott Johnson, Mental Health Department Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 2 of 12 Pages 16. CONSIDERATION of Signature of Document No. 2007-338, a Subcontract with Cascade Healthcare Community for Psychiatric Emergency Services - Lori Hill, Mental Health Department 17. CONSIDERATION of Signature of Document No. 2007-335, an Intergovernmental Agreement with the State of Oregon regarding Vocational Rehabilitation Services for Mental Health Clients - Lori Hill, Mental Health 18. CONSIDERATION of Chair Signature of Document No. 2007-278, an Intergovernmental Agreement with the State of Oregon regarding the Self- Sufficiency Program - Greg Canfield, Mental Health Department 19. CONSIDERATION of Signature of Document No. 2007-339, a Services Agreement with Mark Williams, M.D. regarding Mental Health Psychiatric Services - Greg Canfield, Mental Health Department 20. DELIBERATIONS and Consideration of Signature of Order No. 2007-110, a Measure 37 Claim (Claimant: Central Electric Cooperative) - Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 21. CONSIDERATION of Approval of an Increase in Employee Co-Pay of Health Benefits Premium - Dave Kanner, County Administrator 22. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2007-017, Adopting Revised Personnel Rules - Dave Kanner, County Administrator 23. CONSIDERATION of Signature of Order No. 2007-102, Distributing Monies from the Deschutes County Land Sales Fund - Susan Ross, Property and Facilities 24. CONSIDERATION of Signature of Resolution No. 2007-093, Adopting the Fiscal Year 2007-08 Budget for Deschutes County - Marty Wynne, Finance 25. CONSIDERATION of Signature of Resolution No. 2007-082, Adopting and Continuing Fees and Charges for Fiscal Year 2007-08 for Services Provided by Deschutes County - Marty Wynne, Finance Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 3 of 12 Pages 26. CONSIDERATION of Signature of Resolution No. 2007-103, Levying Ad Valorem Taxes, and Making Appropriations of the Deschutes County Budget for Fiscal Year 2007-08 - Marty Wynne, Finance CONSENT AGENDA 27. Signature of Document No. 2007-181, a Bargain and Sale Deed Conveying a Parcel of Land to the City of Bend for Roadway and Utility Purposes 28. Signature of Document No. 2007-283, an Addendum to a Space Use Agreement with Trillium Family Services 29. Signature of a Letter Reappointing Craig Unger to the Central Oregon Regional Housing Authority (DBA HousingWorks) Board, through June 30, 2011 30. Signature of Letters Reappointing Judith Parker and Norma Brenton to the Deschutes County Dog Control Board of Supervisors, through June 30, 2009 31. Approval of Economic Development Grant Requests. 32. Approval of Minutes of Board Meetings: Business Meetings: June 18 and June 20, 2007 Work Session: June 20, 2007 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 33. CONSIDERATION of Signature of Resolution No. 2007-083, Adopting and Continuing Fees and Charges for Services of Deschutes County 9-1-1 County Service District for Fiscal Year 2007-08 - Marty Wynne, Finance Department 34. CONSIDERATION of Signature of Resolution No. 2007-084, Adopting the Fiscal Year 2007-08 Budget for the 9-1-1 County Service District - Marty Wynne, Finance Department 35. CONSIDERATION of Signature of Resolution No. 2007-0949 Levying Ad Valorem Taxes, and Making Appropriationsi within the 9-1-1 County Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 4 of 12 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 36. CONSIDERATION of Signature of Resolution No. 2007-086, Adopting the Fiscal Year 2007-08 Budget for the Deschutes County Extension and 4-H County Service District - Marty Wynne, Finance Department 37. CONSIDERATION of Signature of Resolution No. 2007-096, Levying Ad Valorem Taxes, and Making Appropriations of the Deschutes County Extension and 4-H County Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 38. CONSIDERATION of Signature of Resolution No. 2007-085, Adopting the Fiscal Year 2007-08 Budget for the Sunriver Service District - Marty Wynne, Finance Department 39. CONSIDERATION of Signature of Resolution No. 2007-095, Levying Ad Valorem Taxes, and Making Appropriations of the Sunriver Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 40. CONSIDERATION of Signature of Resolution No. 2007-087, Adopting the Fiscal Year 2007-08 Budget for the Bend Library County Service District - Marty Wynne, Finance Department 41. CONSIDERATION of Signature of Resolution No. 2007-097, Levying Ad Valorem Taxes, and Making Appropriations of the Bend Library County Service District Fiscal Year 2007-08 Budget - Marty Wynne, Finance CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 42. CONSIDERATION of Signature of Resolution No. 2007-088, Adopting the Fiscal Year 2007-08 Budget for the Redmond Library County Service District - Marty Wynne, Finance Department Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 5 of 12 Pages 43. CONSIDERATION of Signature of Resolution No. 2007-098, Levying Ad Valorem Taxes, and Making Appropriations of the Redmond Library County Service District for Fiscal Year 2007-08 - Marty Wynne, Finance Department CONVENE AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 44. CONSIDERATION of Signature of Resolution No. 2007-099, Levying Ad Valorem Taxes, and Making Appropriations within the Sunriver Library County Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department 45. CONSIDERATION of Signature of Resolution No. 2007-089, Adopting the Fiscal Year 2007-08 Budget for the Sunriver Library County Service District - Marty Wynne, Finance Department CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 46. CONSIDERATION of Signature of Resolution No. 2007-090, Adopting the Fiscal Year 2007-08 Budget for Black Butte Ranch County Service District - Marty Wynne, Finance Department 47. CONSIDERATION of Signature of Resolution No. 2007-100, Levying Ad Valorem Taxes, and Making Appropriations of the Black Butte Ranch County Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department CONVENE AS THE RURAL LAW ENFORCEMENT DISTRICT 48. CONSIDERATION of Signature of Resolution No. 2007-091, Adopting the Deschutes County Rural Law Enforcement Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department 49. CONSIDERATION of Signature of Resolution No. 2007-101, Levying Ad Valorem Taxes, and Making Appropriations of the Rural Law Enforcement Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 6 of 12 Pages CONVENE AS THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 50. CONSIDERATION of Signature of Resolution No. 2007-092, Adopting the Deschutes County Countywide Law Enforcement Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department 51. CONSIDERATION of Signature of Resolution No. 2007-102, Levying Ad Valorem Taxes, and Making Appropriations of the Countywide Law Enforcement Service District Budget for Fiscal Year 2007-08 - Marty Wynne, Finance Department RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 52. 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) 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, June 27, 2007 Page 7 of 12 Pages Monday, July 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) Tuesday, July 3, 2007 7:30 a.m. (Tentative) Legislative Update Conference Call 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 Monda,July 9, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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 12:00 noon Regular Meeting of the Audit Committee Tuesday, July 17, 2007 7:30 a.m. (tentative) Legislative Update Conference Call 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Thursday, July 19, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce Representative(s) regarding Legislative Policy Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 8 of 12 Pages Monday, July 23, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, July 25, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, Jul 26 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 1:30 p.m. Sheriff's Department Update, at Sheriffs Office Monday, July 30, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 1, 2007 Opening Day at the Fair Monday, August 6, 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) Wednesday, August 8, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 15, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 9 of 12 Pages Monday, August 20, 2007 10:00 a.m. Board of Commissioners' Meeting - Land Use 12:00 noon Regular Meeting with Department Heads 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, August 21, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, August 22, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, August 27, 2007 10:00 a.m. Board of Commissioners' Meeting - Land Use 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 29, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, September 3, 2007 Most County offices will be closed to observe Labor Day. Wednesday, September 5, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday,_September 6, 2007 10:00 a.m. District Attorney Update 11:00 a.m. Community Development Department Update 1:30 p.m. Road Department Update Board of Commissioners' Business Meeting Agenda Wednesday, June 27, 2007 Page 10 of 12 Pages Wednesday, September 12, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 13, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 10:00 a.m. Health Department Update 11:00 a.m. Mental Health Department Update Monday, September 17, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, September 18, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, September 19, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 20, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council 10:00 a.m. Juvenile Community Justice Department Update 11:00 a.m. Parole & Probation Department Update 12:00 noon Regular Meeting of the Audit Committee Monday, September 24, 2007 10:00 a.m. Board of Commissioners' Meeting - Land Use 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, September 26, 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, June 27, 2007 Page 11 of 12 Pages Thursday, September 27, 2007 9:00 a.m. Fair & Expo Department Update 11:00 a.m. Commission on Children & Families' Department Update 1:30 p.m. Sheriff's Department Update, at Sheriffs Office 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. (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 27, 2007 Page 12 of 12 Pages