2009-1399-Minutes for Meeting April 22,2009 Recorded 7/27/2009COUNTY OFFICIAL pf
NANCYUBLANKENSHIP, COUNTY CLERKDS vv 2009-1399
COMMISSIONERS' JOURNAL 01/17/1009 08;18;41 AM
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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 22, 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; Erik Kropp, Deputy
County Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Tom
Blust, George Kolb and Dennis Morris, Road Department; Peter Gutowski,
Community Development; Captain Marc Mills, Sheriff's Office; and two other
citizens. No representatives of the media were present.
Chair Baney opened the meeting at 10: 00 a. m.
1. CITIZEN INPUT
Commissioner Luke asked Captain Marc Mills to come up and talk a little about
search and rescue going on for the drowned swimmer. He said the people doing
the search and rescue work have to be getting stressed and tired.
Captain Mills said they have scaled back the operation since Monday. The
water level was reduced but because of the heat and runoff they could not
continue to reduce it and are expecting several hundred more cubic feet per
minute as of today. The Water master has been great in working with everyone.
Commissioner Luke said only twelve people were mentioned on the news. He
stated that their efforts are very much appreciated.
Captain Mills said they have some unique parts of the river that they believe
have big rocks and caves as well as the visibility is very bad in the water. It is
too dangerous for divers to go in.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 1 of 8 Pages
2. Before the Board was a Public Hearing regarding Ordinance 2009-006,
Amending Title 23, Chapters 23.16.020 and 23.48.010 of the Deschutes
County Code to Adopt a Coordinated Population Forecast for the City of
La Pine.
Chair Baney read the opening statement at this time. In regard to conflicts of
interest, bias or prejudgment, none were offered. No challenges were offered.
Peter Gutowski entered the case file into the record. He said there is a
PowerPoint presentation in the packet if the Board would like to see it. Chair
Baney said there was no need to go through the presentation. Mr. Gutowski
said there was no public testimony submitted at the Planning Commission
hearing.
Commissioner Luke asked if this went to La Pine City Council. Mr. Gutowski
said it did not. He said the Mayor of La Pine did write a letter in support of the
forecast. The forecast is for planning in the future.
Commissioner Unger had a question on the 2.2% growth average. Mr.
Gutowski said the 2.2% growth average gives them a baseline which is
compared to buildable lands inventory to see if existing land supply will meet a
future population. Whether it gives the City more flexibility that is something
they will have to deal with. One of the products that came out from DLCD is
an economic grant. Laurie Craghead said the population forecast has nothing to
do with density. They still have to meet the Goal 10 requirements for a city of
its size.
Commissioner Unger asked if the exception would be to use both factors as the
density is developed. Commissioner Luke stated it can always be revised. Mr.
Gutowski said the upcoming census will more than likely validate the forecast
for 2010. If there is an enormous discrepancy, they would have to look at it.
Chair Baney opened the meeting for public comment. None being offered, she
closed the public hearing.
LUKE: Move first reading of Ordinance No. 2009-006, by title only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney read the first reading of Document #2009-006. The second
reading will be in two weeks from today.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 2 of 8 Pages
3. Before the Board was Consideration of Signature of Document No. 2009-
197, an Easement Agreement between Deschutes County and Burlington
Northern Santa Fe (BNSF) Railway Company for the Easement over the
Railroad Tracks on the Deschutes Market Over-crossing Project.
George Kolb said the Board already signed an easement agreement. It was part
of the overpass agreement brought before the Board in February. Burlington
Northern Santa Fe (BNSF) said they needed these other signed documents to
process the easement.
LUKE: Move approval of Document No. 2009-197.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Commissioner Unger asked about the existing at-grade crossing and how would
it be used in the future. Mr. Kolb said the at-grade crossing would no longer be
there. Commissioner Unger said his concern would be if there would be no
further talk about future needs. He wants to make sure that by approving these
documents, the County is not closing doors.
4. Before the Board was Consideration of Signature of Document No. 2009-
198, a Memorandum of Easement for the Deschutes Market Road
Overpass with Burlington Northern Santa Fe (BNSF) Railway Company
for the Easement over the Railroad Tracks on the Deschutes Market Over-
crossing Project.
LUKE: Move approval of Document No. 2009-198.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 3 of 8 Pages
5. Before the Board was Consideration of Signature of Document No. 2009-
199, an Assignment of Rights Under Contract for Easements for the
Deschutes Market Road Overpass Project with Burlington Northern Santa
Fe (BNSF) Railway Company and Apex Property & Track Exchange, Inc.
(APEX) for the Easement over the Railroad Tracks on the Deschutes
Market Over-crossing Project.
LUKE: Move approval of Document No. 2009-199.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
6. Before the Board was Consideration of Signature of Order No. 2009-019,
Establishing 16th Street and Mustang Place as County Roads.
Mr. Kolb said these roads were actually shown on Resolution No. 2007-029 but
Mustang Place was actually shown as Mustang Road. This is just for the
purpose of record keeping clearing it up.
LUKE: Move approval of Order No. 2009-019.
LINGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
7. Before the Board was Consideration of Signature of Order No. 2009-027,
Declaring Certain Deschutes County Personal Property Surplus and
Authorizing Sale.
Commissioner Baney said the question they had last time was were any of these
vehicles offered to other agencies. Dennis Morris said he did offer them to
other County departments but not to other outside agencies. Last go around he
did offer a jeep Cherokee to City of La Pine and they declined the offer.
Mr. Morris had a question on miscellaneous items as to whether they needed to
list those in the exhibits when they come before the Board. Commissioner
Luke asked if the item was under a certain amount, would it need to be listed.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 4 of 8 Pages
Dave Kanner said he did not believe our disposal of property differentiates
based on cost, it is either trash or surplus.
LUKE: Move approval of Order No. 2009-027.
UNGER: Second.
VOTE: LUKE: Yes.
LINGER: Yes.
BANEY: Chair votes yes.
8. Before the Board was Consideration of Signature of Document No. 2009-
182, an ATV Grant Program Agreement, Grant #08-19 from the State of
Oregon, by and through its Oregon Parks and Recreation Department.
Captain Mills said this is a grant they put in for several months ago. There were
some monies opened up and they applied for some of those monies to purchase
a pick-up as well as an ATV.
LUKE: Move approval of Document No. 2009-182.
UNGER: Second.
VOTE: LUKE: Yes.
LINGER: Yes.
BANEY: Chair votes yes.
9. Before the Board was Consideration of First and Second Reading and
Adoption by Emergency of Ordinance No. 2009-012,, County Code Title 3
Chapter 3, Personnel Adding Additional Protected Leave for Employees as
Required by State Law.
LUKE: Move first and second readings of Ordinance No. 2009-012, by title
only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
LUKE: Move adoption, by emergency.
UNGER: Second.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 5 of 8 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Before the Board was Consideration of approval of the Consent Agenda.
Commissioner Luke said he would like item #10 removed and put on next
Wednesday's meeting. The Masons requested to have the opportunity to attend the
meeting.
LUKE: Move approval with the exception of item number #10.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Consent Agenda Items
10. Signature of Resolution No. 2009-039, Honoring Bend Lodge #139, Ancient
Free and Accepted Masons
11. Signature of Resolution No. 2009-037, Transfer of Appropriation within the
Jail Construction Fund
12. Signature of Resolution No. 2009-038, Transfer of Appropriation with the
Jamison Acquisition & Remodel Fund
13. Signature of Resolution No. 2009-040, Superseding Resolution No. 2009-022
Transfer of Appropriations in the Sheriff's Office Fund
14. Signature of Resolution No. 2009-041, Transfer of Appropriation in the
Deschutes County Sheriff's Office Fund
15. Signature of Letter Appointing Charlie Jones to the Beaver Special Road
District Board, through December 31, 2009
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 6 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District for two weeks in the
amount of $8,775.83.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District for two weeks in
the amount of $1,381.76.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County for two weeks in the amount of
$393189836.45.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 7 of 8 Pages
19. ADDITIONS TO THE AGENDA
None were offered.
Being no further items to come before the Board, the meeting adjourned at
10:40 a.m.
DATED this 22nd Day of April 2009 for the Deschutes County d of
Commissioners.
Tammy Baney, Chair
D nnis R. Luke, ice hair
ATTEST:
Recording, qretary
aj&vV&,A~
Alan Unger, Commissioner
Board of Commissioners' Business Meeting Minutes Wednesday, April 22, 2009
Page 8 of 8 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 22, 2009
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 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. PUBLIC HEARING on Ordinance 2009-006, Amending title 23 Chapters
23.16.020 and 23.48.010 of the Deschutes County Code to Adopt a Coordinated
Population Forecast for the City of La Pine - Peter Gutowsky, Community
Development Department
3. CONSIDERATION of Signature of Document No. 2009-197, an Easement
Agreement between Deschutes County and Burlington Northern Santa Fe
(BNSF) Railway Company for the Easement over the Railroad Tracks on the
Deschutes Market Over-crossing Project - George Kolb, Road Department
4. CONSIDERATION of Signature of Document No. 2009-198, a
Memorandum of Easement for the Deschutes Market Road Overpass with
Burlington Northern Santa Fe (BNSF) Railway Company for the Easement over
the Railroad Tracks on the Deschutes Market Over-crossing Project - George
Kolb, Road Department
5. CONSIDERATION of Signature of Document No. 2009-199, an Assignment
of Rights Under Contract for Easements for the Deschutes Market Road
Overpass Project with Burlington Northern Santa Fe (BNSF) Railway Company
and Apex Property & Track Exchange, Inc. (APEX) for the Easement over the
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 1 of 7 Pages
Railroad Tracks on the Deschutes Market Over-crossing Project - George Kolb,
Road Department
6. CONSIDERATION of Signature of Order No. 2009-019, Establishing 16`"
Street and Mustang Place as County Roads - George Kolb, Road Department
7. CONSIDERATION of Signature of Order No. 2009-027, Declaring Certain
Deschutes County Personal Property Surplus and Authorizing Sale - Dennis
Morris and/or Tom Blust, Road Department
8. CONSIDERATION of Signature of Document No. 2009-182, an ATV Grant
Program Agreement, Grant #08-19 from the State of Oregon, by and through its
Oregon Parks and Recreation Department - Captain Marc Mills, Deschutes
County Sheriff's Office
9. CONSIDERATION of First and Second Reading and Adoption of
Ordinance No. 2009-012,, County Code Title 3 Chapter 3, Personnel Adding
Additional Protected Leave for Employees as Required by State Law - Erik
Kropp, Deputy County Administrator
CONSENT AGENDA
10.Signature of Resolution No. 2009-039, Honoring Bend Lodge #139, Ancient
Free and Accepted Masons
11.Signature of Resolution No. 2009-037, Transfer of Appropriation within the
Jail Construction Fund
12-Signature of Resolution No. 2009-038, Transfer of Appropriation with the
Jamison Acquisition & Remodel Fund
13. Signature of Resolution No. 2009-040, Superseding Resolution No. 2009-022
Transfer of Appropriations in the Sheriff's Office Fund
14. Signature of Resolution No. 2009-041, Transfer of Appropriation in the
Deschutes County Sheriff's Office Fund
15.Signature of Letter Appointing Charlie Jones to the Beaver Special Road
District Board, through December 31, 2009
tsoara or uommissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 2 of 7 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. 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
17. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
19. 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, April 22, 2009
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 27, 2009
Boarcl of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 3 of 7 Pages
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
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 13, 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, May 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, May 19, 2009
9:00 a.m. Budget Deliberations
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 4 of 7 Pages
1:00 P.M. Departmental Budget Presentations
Wednesday, May 20, 2009
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
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 5 of 7 Pages
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
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)
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 6 of 7 Pages
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
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 M.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2009
Page 7 of 7 Pages