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2007-1118-Minutes for Meeting June 17,1981 Recorded 6/20/2007COUNTY el NANCYUBLANKENSHIP,F000NTY CLERKDS vu 2007.1118 COMMISSIONERS' JOURNAL 11111M11 11011101001 , 061201200711:04:32 AM 2007-1318 Do not remove this page from original document. Deschutes County Clerk Certificate Page - If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page DESCHUTES COUNTY BOARD OF COMMISSIONERS JUNE 17, 1981 - REGULAR MEETING f Chairman Paulson called the meeting to order at 10:00 a.m. Shepard and Commissioner Young were also in attendance. Commissioner Amendments to Chairman Paulson noted that the meeting would reconvene the Agenda at 4:00 p.m. to consider a response to a grievance. MOTION: SHEPARD moved to amend the agenda. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. First Reading Chairman Paulson read aloud Ordinance #81-019 in full. Bend Urban The map was:;attached and the ordinance included an emer- Area Phase II gency clause. Betsy Shay, Planning Department, explained Sewer Boundary that a public hearing on this was held May 27 jointly Deschutes Co. with the Bend Urban Area Planning Commission and the Ordinance Board of County Commissioners. It leas the recommendation #81-019 of the Bend Urban Area Planning Commission that both the City and County Commissioners adopt the ordinance as written. There was some further discussion. Dan VanVactor, representing Paul Ramsey of Avion Water Company, came before the Board. He read into the record a letter dated June 17, 1981 to the Board of Commissioners from Mr. Ramsey. In it Mr. Ramsey requested that no action be taken on Ordinance #81-019 until they can appoint a study committee to respond to the subject. They also requested that another hearing be held because Mr. Ramsey had been unable to attend the original hearing. Commissioner Shepard expressed reluctance to do so, as this matter had been considered for some time. He added that this hearing had been duly published and there had been an article about in the newspaper. He felt that time was important and the Board should proceed on the matter. Commissioner Young said that members of the Bend Urban Area Planning Commission should not have the power to make decisions affecting people who do not elect them. He said that this was voted on by only three members of the Commission, and on the County Planning Commission, they must have four votes in order to pass an action. He said that he did not attend the meeting because he did not feel that the Bend Urban Area Planning Commission was a legal commission. He felt that Mr. Ramsey was within his right and since phase II is outside the city limits only the Board of ;,,Coranissioners should be authorized to do this. MOTION: YOUNG moved that another public hearing be held by the Deschutes County Board of Commis- sioners on the Bend Urban Area Phase II Sewer Boundary. Mr. Isham briefly discussed the question of the number of votes and noted that the legal requirement for a hearing has been met. There was some further discussion. The motion died for lack of a second. Page 1 of 6 Deschutes County Board of Commissioners June 17, 1,981 - Regular Meetigg MOTION: SHEPARD moved to set the second reading for two (2) weeks from today. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Public Com- Kelly O'Neil, Lost Ponderosa Rd., LaPine came forward. ments re- He represented a group called HALT, Humans Against garding the Legal Toxins. He said that they are against the use of Water Hemlock 2,4-D being sprayed on the Deschutes River. He felt Program that this area was still very environmentally sound, and theirs was an attempt to maintain that quality. He said that the program has been in progress for 17 years, and they still have the water hemlock, which demonstrates that the program has not been successful. He felt that the way the program is being administered at this time, the burden of safety is on the private citizen. He then read aloud the cautions that appear on the label of 2,4-D. He said that these label stipulations are not being carried out. He said that the Forest Service has found up to 40 parts per billion of 2,4-D in Deschutes River water. He said that EPA restrictions are also being ignored. EPA law says that 2,4-D is not to be used on drinking water, and the Deschutes.River is used as drinking water. He presented to the Board an informal petition to stop the spraying of 2,4-D. They are only short 200 signat- ures of what it takes to have something placed on a ballot. He said they would like to place this on the ballot so it could be voted on. Next, Robert Wagner, Manager of North Unit Irrigation Dist- rict in Madras, came before the Board. He said that he would encourage Deschutes County to continue to control water hemlock because it is poisonous. He said that cattle and sheep die from the plant and two people have died in recent years. He said that in 32 years of managing the irrigation district he has been involved and has never seen anyone harmed by 2,4-D. He encouraged the cooperation of the two counties in the spraying program. Next, Jim Black of LaPine came forward. He was representing the Oregon Farm Bureau. They had made a motion to prepare the letter which he read aloud to the Board of Commissioners at this time. Kathy O'Neil of LaPine then came forward. She said that the wife of.-one of the poisoning victims mentioned earlier signed the petition calling for the halt of the spraying of 2,4-D. She again mentioned label cautions not be ad- hered to. She said there should be no fishing or grazing allowed at times of spraying. Dave Dietz, representing the farm and forest industries:; came forward. He said that they are proponents of the safe and continued use of herbicides in the State. He said that Page 2 of 6 Deschutes County Board of Commissioners June 17, 1981 - Regular Meeting this is an emotional issue and needed to be viewed more objectively. He said that 2,4-D was not sprayed directly on the water. He said that there are several different labels on 2,4-D and those labels are regulated by the government. He added that all chemicals are toxic, but there was not a health hazard with 2,4-D because the chemical used for water hemlock are diluted sufficiently so as not to encourage a health hazard. In response to the charge that EPA findings were non-conclusive, he said that EPA, in April 1980, released a report on 2,4-D in which it did request additional information but they did not request that its use be stopped. He gave to the Board printed information that his group had compiled on the subject. Next, Kelly O'Neil again came forward. He said that the plants are individually sprayed, but they grow right near the water, so the water does become affected. He had a report compiled by the University of Washington in which findings were made that the flesh of fish in the treatment area became tainted and the aquatic food chain becomes affected. He said that 2,4-D does eventually break down into carbon dioxide, but it also breaks down into 25 different chemicals as well. He said that he has nothing to gain by protesting the use of the chemical, but those advocating its use do stand to gain financially by the continued permission of its use. Dan Fohgarty of LaPine came forward. He said that this is a humanitarian issue. He suggested that a viable and constructive alternative to the spraying may be to employ persons to hand-grub the plant. This would ease the high unemployment in the LaPine area, and effectively get rid of the plant in a non-toxic manner. He said that the com- munity has to become more aware of keeping a healthy en- vironment, and noted that humans have become host to many diseases. He felt that we needed to be more concerned about this. Ray Kerfoot then came forward. He has been in control of the hand-spraying program for fifteen years. He said that he considered himself very healthy and had been around the chemical frequently and had been saturated with it at times and had suffered no ill effects. He said that they are very careful with the spraying. He said that if they lose one year of spraying, they would lose approximately five years of the program. Discussion re- Don Bramhill, DEQ, came before the Board. This contract garding DEQ had been discussed in prior meetings, but there had been and Contract some question of the educational requirements proposed. for 1981-82 He said that ten individuals graduated from OSU this year with the requirements DEQ is recommending. He said that the contract had a provision for some kind of training opportunity for the individual. John Glover, County Sani- tarian, said that the County may have trouble complying with that portion of the contract because of prohibitive Page 3 of 6 Deschutes County Board of Commissioners June 17, 1981 - Regular Meeting expense. He also noted that the qualified individuals may not be available when the County needs to hire some- one. He said that at this point, the County can expect to have to hire someone in about six months. He sug- gested delaying this for one year. Chairman Paulson said that he was in favor of the contract but not making the educational 'requirements a hard rule. He said that the County would be willing to comply as much as possible. Mr. Bramhill said that this only applies to someone who is coming out of school and not someone who has already been working in the program. Chairman Paulson said that with that explanation he sees no problem with signing the contract. Discussion Chairman Paulson explained that this was in response to regarding a letter from Sharon Boller indicating that they need to appointments reappoint two members, Jim Peterson and Jean Beake. They to the County should be appointed for three-year terms. They also Welfare Board request that two new appointments be made, they are: Lisa Lieberman and Helen Jewell, to be appointed to four- year terms. MOTION: YOUNG moved that they be appointed. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Informal talk Randy Stockdale and Charles Arment came before- the Board. with Randy Mr. Stockdale said that he was there mainly to make them Stockdale, aware of the fact that there is a district office staff from the of- and they are looking at the possibility of a satellite fices of Re- office in Bend. They are here to inform them that they presentative are available and there is a new toll-free number to get Denny Smith in touch with Mr. Smith's office. Consideration Chairman Paulson said that on the first page,Article 4., and possible Section should state "...hereinafter called the Board." adoption of He said that Article 7, Section 1, should read, or Library By- until disbanded by majority vote of the Board." He laws suggested that Section 1. A. should say "the Directors" instead of "their" copensation. Under paragraph 4, Section 9.E. the Directors which approve all library expenditures, should say "subject to final approval of the Board." He also suggested that the words, "should be tape-recorded with written minutes kept" should be added. With those corrections, Chairman Paulson suggested that they approve the by-laws. MOTION: YOUNG moved that they approve the By-laws of the Deschutes County Library as corrected. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 4 of 6 Deschutes County Board of Commissioners June 17, 1981 - Regular Meeting Other Staff/ Lyle Farley, Chairman of the Central Oregon Housing Public Con Authority, came before the Board. He said that they cerns currently need two new members for their Board.from Deschutes County, but did not have anyone to recom- mend. Commissioner Shepard said that this had been advertised and that Bob Lutz has someone in mind. Mr. Farley said that their program is currently in the process of receiving funding, they have their primary loan commitment. He said that they plan to begin construction of a 10-unit elderly housing complex in Madras, as well as developments in Redmond and Culver, a 3-plex in Sisters and an 8-plex in Bend. For Signature: Kathy Kocourek came before the Board to have them sign Lease for the lease for Rainbow House. She explained that this Rainbow House lease was the same as the last one. She said that they lease it from Helen Cross at a cost of $425. per month. MOTION: YOUNG moved to sign the lease for Rainbow House. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no.further business, the meeting was recessed until 4:00. 4:09-~p.m. In the matter of response to a grievance filed by Dick Boller, the Board had prepared a memo. MOTION: SHEPARD moved to approve the memo to Dick Boller dated June 17, 1981. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Indigent Next, Mike Maier came before the Board with Tom Crabtree Defense Con- and Terry Ramsdorf regarding the Indigent Defense contract. tract He said that the total expenses amounted to $165,000.00 and Mr. Crabtree and Mr. Ramsdorf are willing to begin July 15, so Mr. Maier had adjusted the personal services to a total of $159,580. He said that they are also checking into putting them on County health insurance. They will handle everything from Circuit, District and Juvenile courts and handle mental commitment cases. They estimate that each attorney will be handling 200 cases per year. Conflict cases are not in their contract. They will be responsible for their own office and supplies and will be paid on a quarterly basis. There will also be a contingency fund. Mr. Maier then briefly discussed the other proposals that had been submitted. Mr. Maier said that the Crabtree/ Ramsdorf proposal was the most favorable one. They will have one additional attorney for a total of three. Mr. Isham then went over briefly the discussion draft of the contract. Page 5 of 6 Deschutes County Board of Commissioners June 17, 1981 - Regular Meeting Commissioner Young left the meeting at 4:54 p.m. There was further discussion of the method of adminis- tration of the program. MOTION: PAULSON moved that the contract be put in final form based on the discussion at this meeting today subject to final approval of both parties. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Being no further business, the meeting was adjourned. /ss Page 6 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS