2009-1349-Minutes for Meeting April 01,2009 Recorded 6/30/2009COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKRECORDS
COMMISSIONERS' JOURNAL 06/30/2009 04;46;04 PM
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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
10:00 A.M., WEDNESDAY, APRIL 1, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; Teresa Rozic, Property &
Facilities; Ronda Connor, Personnel; Laurie Craghead, Legal Counsel; David
Inbody, Assistant to the Administrator; Erik Kropp, Deputy County Administrator,
and ten other citizens. There were two representatives of the media present.
Chair Baney opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of the Reading of a Proclamation,
Declaring April Child Abuse Prevention Month in Deschutes County.
Appearing before the Board were Jessica Currier, a member of the Board of the
Deschutes County Commission on Children and Families; Shelly Smith,
Executive Director of the Kid's Center; Sarah Johnson, Community Project
Coordinator (CCF); and Elaine Knobbs, Director of Prevention and Education
at the Kid's Center. Ms. Currier read the Proclamation Declaring April as Child
Abuse Prevention month in Deschutes County.
UNGER: Move approval of the Child Prevention Month Proclamation.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Chair votes yes.
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 1 of 9 Pages
The Board was then presented with blue lapel ribbons. They were advised that
there is a Blue Ribbon Tree with 2,000 ribbons tied on it outside of the Kids
Center on 14th Street, in conjunction with the Blue Ribbon Campaign that has
existed in Central Oregon for thirteen years. The Blue Ribbon Campaign is a
national program started by a grandmother in Virginia who lost her grandchild
at the hands of her daughter's abusive boyfriend. Blue ribbons were presented
to all members of the audience for wearing throughout the month of April.
Everyone was invited to attend the Tree of Hope Ceremony at the Kids Center
on Thursday, April 2, 2009, at 3:00 p.m., and encouraged to come and tie a
ribbon on the tree. Commissioner Baney said she would be attending the
ceremony.
Jessica Currier advised that the Commission on Children and Families is
working on the passage of HB 3121, which is the Keep Kids Safe license plate.
All revenue generated by the sale of the license plates will remain in the County
where purchased.
At this time, Commissioner Luke joined the meeting and noted his vote in favor
of the Proclamation.
Commissioner Luke inquired about the Child Abuse Prevention flag that has
been flown each April at the Courthouse. It is believed the flag may be at the
CASA office and Ms. Currier is going to attempt to locate the flag.
3. Before the Board was Consideration of County Administrator's Signature
of Document No. 2009-146, an Amendment to a Temporary Construction
Lease with Swalley Irrigation District.
Teresa Rozic, Property & Facilities, made a presentation to the Board to
approve an amendment to the existing lease for the Swalley Irrigation District
since there have been continuing delays in obtaining the materials for their
hydroelectric project. The existing construction lease has been in existence
since 2006 for piping the canal and for their hydroelectric project. This lease
would provide another year to finish the project.
LUKE: Move approval of County Administrator's Signature of Document
No. 2009-146.
UNGER: Second.
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 2 of 9 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Commissioner Luke inquired about a gentleman who has a license for beehives
and wanted to know if the property was sold already. Dave Kanner then
discussed the history of property off of Bear Creek Road. A license was given
to Mr. Franks who has maintained beehives on a portion of the property as a
hobby and not for commercial use. His license is still valid. A discussion was
had on other available property to allow Mr. Franks to use for his beehives,
including land around the landfill, or the Bend airport.
Teresa Rozic informed the Board that it appeared the property where the
beehives exist was sold in 2002. The concern was raised whether the County
had any liability for selling the property and not giving notice to the licensee,
and Legal Counsel said it was possible. Commissioner Luke commented that
whether or not there was a legal responsibility to Mr. Franks, the County had a
morale responsibility to him. Teresa Rozic was going to put all the facts
together and work with the licensee to resolve the issue.
4. Before the Board was Consideration of Chair Signature of Document No.
2009-152, an Amendment to a Third Party Administrator Service
Agreement for Employee Benefits.
Ronda Connor, Benefits Coordinator in Personnel Department, made her
presentation to the Board to approve an amendment to the EBMS contract for
the plan year 08/09. Ms. Connor presented a copy of the entire contract for the
record. The Board was advised that there are no material changes to the
contract and the only financial change was a $.05 per employee, per month,
increase to the aggregate stop loss premium.
Commissioner Luke inquired whether the Employee Benefit Committee was on
board with this amendment, or were there still discussions about changing the
current benefit administrator. Ms. Connor advised that the Benefits Committee
was no longer searching for a new third party administrator.
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 3 of 9 Pages
Commissioner Unger inquired about the benefit of having a third party
contractor, rather than doing the benefits administration in-house. Ms. Connor
explained the procedures and need for a third party administrator, including
review of medical claims, medical records, nurse case review, and the
application of the limits of the County's plan and how payments are applied.
Commissioner Luke pointed out that last week there were over $400,000 of
claims filed, and it would take quite a bit of staff time to process claims.
Medical bills go to Providence Preferred in Portland, who then electronically
transmits them to EBMS in Montana for payment.
Erik Kropp, Deputy County Administrator asked Ms. Connor to explain the
stop loss component of the health benefits. Ms. Connor explained the County is
partially self-funded for health benefits in that the County pays a premium per
employee per month into the Health Benefits fund, where claims are paid out
of. Then there are two additional policies above our self-insured fund. There is
a specific policy that allows $175,000 deductible per person before applying to
HCC Life, and then an aggregate stop loss policy approximately $ l OM to $12M
before applying for recoupment from that policy. The County pays a premium
on these policies
Commissioner Baney noted that the document summary indicated an ending
date of 7/31/08. Ms. Connor advised that end date would be changed to
7/31/09, and the beginning date is accurate at 8/1/08. Ms. Connor also
confirmed that legal counsel had reviewed the amended document.
LUKE: Move approval of Document No. 2009-152.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Commissioner Luke and Commissioner Baney commented on the excellent job
being done by Ms. Connor and the County was lucky to have her as an
employee.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval.
UNGER: Second.
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 4 of 9 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONSENT AGENDA
5. Signature of a Letter Reappointing Dave Ogden to the Board of Deschutes
River Recreation Homesites Special Road District #1.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
6. Before the Board was Consideration of Approval of Accounts payable
Vouchers for the 91-1 County Service District in the Amount of $7,072.33.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$913.02.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 5 of 9 Pages
8. Before the board was Consideration of Approval of Accounts payable
Vouchers for Deschutes County in the Amount of $300,322.11.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
9. ADDITION TO THE AGENDA
Before the Board was Discussion on the Redmond Rod and Gun Club
Lease Extension.
Dave Kanner addressed the Board regarding the letter received on March 25th
from the Redmond Rod and Gun Club. The Redmond Rod and Gun Club is
currently leasing property from the County that the County wants to sell to fund
the expansion at the jail. The Sheriff's Office is also on that property, but
making plans to vacate the property. Pursuant to the terms of the lease, a one
year notice to vacate the property was given to the Club announcing the future
sale. The Club is requesting a five month extension through May 30, 2010 to
vacate the property. The approval of the requested extension is at the sole
discretion of the Board. Susan Ross and Teresa Rozic were present to answer
questions for the Board.
Gary George, Vice President of the Club and Chair of the Relocation Work
Group for the Club; and Gerry Glave, Secretary of the Club and on the
executive Board, introduced themselves and were ready to answer any
questions the Board may have.
Commissioner Baney inquired who was in charge of the cleanup of the site and
how long it would take. Susan Ross, Director of Properties and Facilities,
joined the discussion and explained that a two level process study was
performed to study the previous landfill site and the shooting ranges. The
report of the findings is available, but very technical. Ms. Ross advised that she
requested the engineering company who conducted the study to appear before
the Board to explain the findings and answer the Board's questions. The study
includes alternatives for cleanup and the prices range from $3M to $14M on the
ijuaiu vi winmissioners, tsusiness Meeting Minutes Wednesday, April 1, 2009
Page 6 of 9 Pages
shooting range, and $1 M up on the landfill. Ms. Ross advised the study did not
provide specific time frames, or exactly how much it will cost, but that the
remediation project can occur as development occurs, and decisions can be
made over time.
Commissioner Luke wanted to clarify which sites being discussed and Ms. Ross
explained it is 216 acres on which there is an old military landfill. Dave Kanner
advised that the DEQ has looked at the landfill site and has issued a letter of no
further action.
Commissioner Baney stated the County and the Club have had quite a
relationship. Susan Ross advised that the original lease agreement did not
require anyone else (except the County) to do cleanup.
Dave Kanner stated it was his understanding the lead contamination was within
a few feet of the surface. He also stated there is the possibility that the lead
could be scooped up and resold.
Mr. George advised that in 2007, the Club had 60 tons of lead and it was
recycled. The company that recycles takes 60% to the remediation company
and 40% to the Club.
Commissioner Luke advised that the Bend Club had the same problem, did the
same thing and used the recovered lead for reloading.
Commissioner Baney remarked that there was a market for that and Ms. Ross
stated she is not a technical expert, but there were other items of interest other
than just the lead, such as copper. Commissioner Baney asked if some of the
contamination was there prior to the lease. Ms. Ross answered that it appears
most is related to the shooting range.
Mr. George advised he was at the site when the investigation work was being
done, and was told the shell casings are the largest item to be removed. Mr.
George was told there was a chemical that could be spread that would dissolve
the lead. Commissioner Luke inquired where the chemical go would once the
lead was dissolved. Dave Kanner advised with regard to the old military
landfill it was household garbage from the military.
Commissioner Luke reminded Mr. George and Mr. Glave that when the Club
was given the one year notice, the Board did say if you need a little more time
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 7 of 9 Pages
to come back, but we cannot keep doing this. The County has to get in there
and get it cleaned up, since the County's project is ready to go. Mr. George
explained the Club has an event that brings in $6,000.00. He also advised if the
Club found a new location they would move before January 1 st. However, in
order to apply for the event an application needs to be submitted well in
advance. Mr. George then detailed all of the potential locations the Club was
looking at to move the Club, and the lack of response they have received. The
Club is also working with Senator Wyden who wrote to the BLM on behalf of
the Club. Mr. George and Commission Luke discussed other possible sites and
Commissioner Luke recommended Mr. George get in touch with General
Caldwell who was a former County Commissioner and active in the National
Guard. Mr. George advised they had no paperwork in progress and were
hopeful with the help of Senator Wyden some land will loosen up BLM. The
Club is requesting a five month extension be granted, to use the extension if the
Club needs it after December 31, 2009.
Commissioner Unger moved to extend the lease for an additional five months.
Commissioner Luke made inquiry if there was an opt out, if the Club moves on
December 30th, is the land still tied up for the additional five months. Ms. Ross
advised that the lease is actually good for another six years. Ms. Ross advised
that the one year notice is being amended.
Dave Kanner told the Commissioners staff does not have authority to approve
any agreements related to real property; something would have to be brought
back to the Board for approval. So staff is requesting direction and will bring
something back for approval. It will include language so if they move out prior
to May 30th, the property will revert to the County at that time.
It was decided that a letter would be prepared by staff and submitted to the
Board for approval. Commissioner Unger also wanted something prepared on
behalf of the Club to Senator Wyden. Commissioner Baney announced she
would be meeting with the Senator on April 6th at 2:15.
Mr. George and Mr. Glave thanked the Board for their support.
10. OTHER BUSINESS
Commissioner Baney asked if there was anything further.
Board of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 8 of 9 Pages
Dave Kanner asked the Board if they would move the Wednesday, 4/8/09,
Business meeting to Monday morning. Everyone agreed.
Commissioner Unger brought up the subject of providing support for the Pacific
Salmon Recovery Fund that helps fund things in our basin and around the state.
Congressman Walden has already agreed to sign the letter. Commissioner Luke
advised the fund involves the grant to the wetlands in South County.
Commissioner Unger added Swalley Irrigation District and Three Sisters
Irrigation.
Commissioner Baney announced the Board would convene in executive session
upstairs.
Being no further items to come before the Board, the meeting adjourned at
11:05 a.m.
DATED this 1st day of April 2009 for the Deschutes County Board of
Commissioners.
Tammy Baney, Chair
ATTEST:
Recordin ecretary
1--c.
Dennis R. Luke, Vice Chair
ev,
Alan Unger, Commissioner
boara of Commissioners' Business Meeting Minutes Wednesday, April 1, 2009
Page 9 of 9 Pages
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, APRIL 1, 2009
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 cards 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 the Reading of a Proclamation, Declaring April Child
Abuse Prevention Month in Deschutes County - Sarah Johnson, Commission
on Children & Families
3. CONSIDERATION of County Administrator's Signature of Document No.
2009-146, an Amendment to a Temporary Construction Lease with Swalley
Irrigation District - Teresa Rozic, Property & Facilities
4. CONSIDERATION of Chair Signature of Document No. 2009-152, an
Amendment to a Third Party Administrator Service Agreement for Employee
Benefits - Ronda Connor, Personnel
CONSENT AGENDA
5. Signature of a Letter Reappointing Dave Ogden to the Board of Deschutes
River Recreation Homesites Special Road District #I
6. Approval of Minutes:
• Business Meeting: March 23
• Work Sessions: March 25
Board of Commissioners' Business Meeting Agenda Wednesday, April 1, 2009
Page 1 of 7 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
7. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
8. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
10. 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.
Board of Commissioners' Business Meeting Agenda Wednesday, April 1, 2009
Page 2 of 7 Pages
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)
Thursday, April 2, 2009
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Monday, April 6, 2009
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 8, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 15, 2009
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 20, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 22, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 27, 2009
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, April 1, 2009
Page 3 of 7 Pages
Wednesday, April 29, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday May 4, 2009
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 6, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday 12, 2009
12 noon Regular Commissioners/Department Directors Update
Wednesday, May 13, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday 14, 2009
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
Monday, May 18, 2009
9:00 a.m. Budget Deliberations
Tuesday 19, 2009
9:00 a.m. Budget Deliberations
1:00 P.M. Departmental Budget Presentations
Wednesday, May 20, 2009
Board of Commissioners' Business Meeting Agenda Wednesday, April 1, 2009
Page 4 of 7 Pages
9:00 a.m. Budget Deliberations
Thursday, May 21, 2009
9:00 a.m. Budget Deliberations
Monday, May 25, 2009
Most County Offices will be closed to observe Memorial Day.
Wednesday. May 27 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 1, 2009
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, June 3, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 4, 2009
10:00 a.m. Regular Update with the District Attorney
11:00 a.m. Regular Update with Community Development Department
1:30 p.m. Regular Update with Road Department
2:30 p.m. Regular Update with Solid Waste Department
Wednesday, June 10, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 11, 2009
11:00 a.m. Regular Update with Health & Human Services Department
Board of Commissioners' Business Meeting Agenda Wednesday, April 1, 2009
Page 5 of 7 Pages
Monday, June 15, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 17, 2009
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 18, 2009
10:00 a.m. Regular Update with Community Justice Department
Monday, June 22 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 24, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting - includes public hearings on proposed budgets,
and consideration of adoption of the budgets
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 25, 2009
9:00 a.m. Regular Meeting with Fair & Expo Department
11:00 a.m. Regular Meeting with Commission on Children & Families
2:00 p.m. Regular Meeting with the Sheriff
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
Board of Commissioners' Business Meeting Agenda Wednesday, April 1, 2009
Page 6 of 7 Pages
1:30 p.m. -Administrative Work Session - could include executive session(s)
Thursday, July 2
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Friday, July 3
Most County Offices will be closed to observe Independence Day.
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, April 1, 2009
Page 7 of 7 Pages