2008-68-Minutes for Meeting January 09,2008 Recorded 2/13/2008COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS OJ ~008'~8
COMMISSIONERS' JOURNAL
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2008-88
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]
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 9, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney.
Also present were Laurie Craghead, Legal Counsel; Ken Hales, Corrections; Bob
Lacombe and Don Minney, Juvenile Community Justice; Tom Blust and George
Kolb, Road Department; Anna Johnson, Communications; several other County
employees and four other citizens.
Chair Luke opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
The Commissioners thanked Don Minney, who is retiring after about nineteen
years with the County, for his service.
Commissioner Luke acknowledged the recent passing of Keith Olds, who
worked for Pacific Power & Light for many years and was instrumental in the
establishment of the Central Oregon Builders' Association. He also
acknowledged Larry Chitwood's passing; Mr. Chitwood worked for the Forest
Service, and he was a personal friend who gave a lot back to the community.
2. Before the Board was Consideration of Signature of Order No. 2008-003,
Surrendering Portions of SW 35th Street and SW Obsidian Avenue to the
City of Redmond.
George Kolb gave an overview of the item. As the City annexes areas, other
roads will be surrendered to the City for the City to maintain. This arrangement
was agreed upon by all three cities in 1998.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 1 of 7 Pages
BANEY: Move approval.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2008-001, Vacating a Portion of J. N. Masten Road.
Mr. Kolb advised that a letter from a representative of the Oregon Department
of Transportation was received yesterday, voicing concern about the possibility
of needing that portion of J. N. Masten Road if there was an emergency
situation in that area. (He referred to a map of the area at this time.)
Wagontrail Road, Conestoga Road, and other roads that are located within
Klamath County would be affected. The Homeowners Association, and
emergency services were contacted and it was determined that a lock could be
placed on the gate for this purpose.
After talking with Forester Joe Stutler, it was determined that an additional
easement would be a good idea to assure access in the future. The
Homeowners' Association will be working on locating another access point for
emergency services. Since the access point parallels the main access road, it
may not be as usable for emergency situations as another access point in a
different location.
Chair Luke opened the public hearing at this time.
John Rosen, who owns Diamond Bar Ranch, referred to an oversized map and
photo. They own about 700 acres. The reason to vacate the road is a safety
one, not only for him and his family but for other residents and vendors. At this
point some people use the road as a short-cut, instead of using the paved road.
J.N. Masten Road was used heavily until Wagontrail Road was established.
The old road is gravel and is not heavily used, and tends to be impassible in the
winter. It is also very dusty in the summer. Users tend not to acknowledge the
stop signs, and visibility is such that people can't see around the curves. There
have been a number of accidents at both ends of the road. Safety is the largest
motivator.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 2 of 7 Pages
Wagontrail Road was established in 1972 when the subdivision was built in
Klamath County.
Mr. Rosen stated that the vacation process has not been an easy one, but he
feels the road is used in a dangerous fashion and people should be utilizing the
main road. The Homeowners' Association submitted a letter of support to close
the road, due to the potential hazards. It would make sense to use the road for
emergency purposes, however, with a locking gate. Klamath County should
have a secondary access selected by this summer.
Mr. Rosen stated that he is open to having a temporary easement until such time
as a secondary access is established by the Wagontrail Homeowners'
Association.
Laurie Craghead stated that establishing a secondary access would require a
public process. George Kolb said that the issue is further complicated by the
involvement of another County.
Terry Cagaanan, Chairman of the Homeowners' Association, said they are
unanimously supportive of this action. Personally, he has seen people run the
stop signs and use the short-cut in a very dangerous fashion. He added that
there is a pioneer cemetery on Mr. Rosen's property which is subject to
vandalism; Mr. Rosen and others have refurbished it and they want it to be
well-maintained. Access would still be allowed. There are a lot of old logging
roads in the area and one of those could be used for a secondary access.
Ms. Craghead stated it is unknown what kind of document might work for this
situation. Mr. Kolb indicated documents could be drawn up to address the
vacation and future access with a limited scope of time.
Commissioner Baney asked what the road would then be used for. Mr. Kolb
replied that it would become Mr. Rosen's property and the public right of way
would be eliminated.
Commissioner Baney said the road definitely presents some hazards, and would
like to see it available for emergency purposes.
Commissioner Daly stated that he is familiar with the Rosens and in the past did
some work on the property. He agreed that there is no good reason to keep this
road open for general public use.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 3 of 7 Pages
Commissioner Luke would like to see a minimum of five years to allow for
another access point to be established. Mr. Kolb will work with the parties
involved. Ms. Craghead clarified that Mr. Rosen can grant access for
emergency purposes.
BANEY: Move continuation of the hearing to the January 30 business meeting
so that the appropriate documents can be developed and reviewed.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was an On-the-Record Public Hearing and Consideration
of First and Second Readings by Title Only and Adoption, by Emergency,
of Ordinance No. 2008-005, to Comply with State Government Standards
and Practices.
Ms. Craghead said that the Ordinance basically follows State statute.
Commissioner Luke asked if a spouse receives a gift from his or her employer
or others, does that affect the County employee. Mr. Kanner said that this
would likely be considered compensation to the spouse and should not concern
the County employee. The Statute applies to the employee personally. Even
though this is in State law, having it in County Code allows the County to take
action against employees who do not comply.
The hearing was closed at this time.
BANEY: Move first and second readings, by title only, of Ordinance No.
2008-003, with the amended exhibit.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Chair Luke conducted the first and second readings of the Ordinance by title
only, declaring an emergency.
BANEY: Move adoption.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 4 of 7 Pages
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Chair Signature of Document No.
2008-003, an Amendment to an Intergovernmental Agreement with the
Oregon Department of Human Services regarding Bioterrorism Program
Funding.
Legal Counsel had originally indicated this document should be on the agenda,
but since has determined that it can be signed by the County Administrator and
does not require Board approval or signature.
Before the Board was Consideration of Approval of the Consent Agenda.
DALY: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
6. Signature of Resolution No. 2008-004, Transferring Appropriations from the
General Fund to the Bethlehem Inn Fund
7. Signature of a Letter Reappointing Flora Bates to the Sun Mountain Ranches
Special Road District Board, through December 31, 2010
8. Signature of a Letter Accepting the Resignation of Byron Cheney from the
Weed Advisory Board, and Thanking Him for His Participation
9. Signature of a Letter Appointing Bruce Bowen to the Panoramic Access
Special Road District Board, through December 31, 2010
10. Approval of Minutes:
• Business Meeting: Wednesday, January 2
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 5 of 7 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of
$25,226.60.
BANEY: Move approval.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,200.89.
BANEY: Move approval.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $476,681.84.
BANEY: Move approval.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 6 of 7 Pages
14. ADDITIONS TO THE AGENDA
None were offered.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 11:15 a. m.
DATED this 9th Day of January 2008 for the Deschutes County Board
of Commissioners.
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De is R. Luke, hair
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Tammy B ey, Vice Cha
ATTEST:
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Recording Secretary
M. Daly, Co/imissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, January 9, 2008
Page 7 of 7 Pages
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JANUARY 9, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
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 Order No. 208-003, Surrendering
Portions of SW 35th Street and SW Obsidian Avenue to the City of Redmond -
George Kolb, Road Department
3. A PUBLIC HEARING and Consideration of Signature of Order No. 2008-
001, Vacating a Portion of J. N. Masten Road - George Kolb, Road Department
4. ON-THE-RECORD PUBLIC HEARING and Consideration of First and
Second Readings by Title Only and Adoption, by Emergency, of Ordinance No.
2008-005, to Comply with State Government Standards and Practices -Laurie
Craghead, Legal Counsel
5. CONSIDERATION of Chair Signature of Document No. 2008-003, an
Amendment to an Intergovernmental Agreement with the Oregon Department
of Human Services regarding Bioterrorism Program Funding
CONSENT AGENDA
6. Signature of Resolution No. 2008-004, Transferring Appropriations from the
General Fund to the Bethlehem Inn Fund
Board of Commissioners' Business Meeting Agenda Wednesday, January, 9, 2008
Page 1 of 9 Pages
7. Signature of a Letter Reappointing Flora Bates to the Sun Mountain Ranches
Special Road District Board, through December 31, 2010
8. Signature of a Letter Accepting the Resignation of Byron Cheney from the
Weed Advisory Board, and Thanking Him for His Participation
9. Signature of a Letter Appointing Bruce Bowen to the Panoramic Access
Special Road District Board, through December 31, 2010
10-Approval of Minutes:
. Business Meeting: Wednesday, January 2
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
14. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 2 of 9 Pages
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)
Monday, January 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:20 p.m. Special Meeting with Judge Sullivan to Approve the Appointment of the Commission
on Children & Families' Chair and Vice Chair
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
5:30 p.m. Joint Work Session with the City of Bend Council, at City Hall
Tuesday, January 8, 2008
11:30 a.m. Budget Overview and Update
Wednesday, January 9, 2008
8:00 a.m. Budget Committee interviews
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, January 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Thursday, January 17, 2008
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, January 21, 2008
Most County offices will be closed to observe Martin Luther King Jr. Day
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 3 of 9 Pages
Wednesday, January 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, January 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, January 29, 2008
1:00 P.M. Commission on Children & Families' Update
Wednesday, January 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:30 p.m. Meeting with DEQ and DLCD regarding South County Groundwater Issues
Thursday, January 31, 2008
8:00 a.m. Board of Commissioners' Goal Setting Meeting
Monday, February 4 2008
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, February 6 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 11, 2008
10:00 a.m. Board of Commissioners' Meeting
12:00 noon Regular Meeting of Board and Department Directors
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 4 of 9 Pages
Tuesday, February 12, 2008
9:00 a.m. Ore-Star Training
1:00 P.M. Drug Court Graduation (tentative), at Courthouse
Wednesday, February 13, 2008
9:00 a.m. Meeting with Students at Redmond High School
10:00 a.m. Board of Commissioners' Meeting, at Redmond High School
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, February 15, 2008
12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor/Touchmark
Monday, February 181, 2008
Most County offices will be closed to observe Presidents' Day
Tuesday, February 19, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, February 20, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 3, 2008
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 5 of 9 Pages
10:00 a.m. Board of Commissioners' 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, March 5 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 6, 2008
10:00 a.m. Regular Department Update - District Attorney
11:00 a.m. Regular Department Update - Community Development
1:30 p.m. Regular Department Update - Road Department
Wednesday, March 12, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 13, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
10:00 a.m. Regular Department Update - Mental Health Department
1:00 P.M. Regular Department Update - Health Department
Monday, March 17, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 18, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 19 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 6 of 9 Pages
Thursday, March 20, 2008
10:00 a.m. Regular Department Update - Community Justice
Friday, March 21, 2008
12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor/Touchmark
Monday, March 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 26, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 27, 2008
9:00 a.m. Regular Department Update - Fair & Expo
11:00 a.m. Regular Department Update - Commission on Children & Families
Monday, March 31, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 2, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 3, 2008
8:00 a.m. Regular Meeting with Sisters City Council, at Sisters City Hall
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 7 of 9 Pages
Monday, Apri17, 2008
10:00 a.m. Board of Commissioners' 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, April 9 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 10, 2008
12:00 noon Audit Committee Meeting
Tuesday, April 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, April 16, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, April 18, 2008
12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor/Touchmark
Monday, April 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
Wednesday, April 23, 2008
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, January 9, 2008
Page 8 of 9 Pages
Monday, April 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday 5, 2008
10:00 a.m. Board of Commissioners' 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, May 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 8, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, January 9, 2008
Page 9 of 9 Pages