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2011-11-Minutes for Meeting December 27,2010 Recorded 1/11/2011DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL (IIIIII IIIIIII~I~II~II III III 2011-11 RECORDS CLERK U 2011-11 01/11/201104;52;17 PM Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 MONDAY, DECEMBER 27, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger. Also present were Dave Kanner, County Administrator; Mark Pilliod and Laurie Craghead, County Counsel; Paul Blikstad, Community Development; Anna Johnson, Communications; Hillary Borrud of The Bulletin, and two other citizens. Chair Luke 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 Second Reading and Adoption of Ordinance No. 2010-033, Amending Code in regard to Contractor Insurance Indemnification. BANEY: Move second reading. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. At this time, Chair Luke conducted the second reading, by title only. BANEY: Move adoption. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 1 of 7 Pages 3. Before the Board was Consideration of Signature of a Decision on an Appeal of the Hearings Officer's Decision regarding a Nonconforming Use Alteration and Site Plan for Wooden Cabins to Replace Canvas Tents on Existing Platforms at the Outward Bound Facility. Commissioner Luke asked about the installation of permanent doors. He suggested that any plywood or other covering on the doors and windows should match the stain or paint scheme of the structures. The other Commissioners felt including this wording was not necessary. Commissioner Baney stated, however, that there should not be any reflective surfaces, like window glass. Laurie Craghead said there is a requirement that the structures be earthtone. Commissioner Luke asked why they are being given two years to make application for the changes since they are already in Code enforcement. Commissioner Baney stated that this is in Code, so Community Development is just following what is already stated. Laurie Craghead said that this did not change the nature and extent of the use, per the Hearings Officer, but the wording could be revised under the summary section to state that there can be no greater adverse impact. This alternate wording would make the decision more flexible, but would maintain the integrity of the decision in regard to use of the property. Commissioner Luke asked if the County's requirements are the same as the State's regarding the scenic designation. Paul Blikstad said State Parks can require more screening, but that would be between them and the property owner. BANEY: Move approval of the use of the alternate working. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes no. (Split vote) Ms. Craghead said that the Hearings Officer stated March through September were appropriate for the use of the structures, rather than the wording "spring through early fall". However, no testimony was given on this particular issue. Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 2 of 7 Pages Commissioner Unger feels the ESEE is the important consideration so that there is no effect on the eagles. Commissioner Baney stated that since the hearings have already been held, she would stay consistent with the decision as written. Commissioner Luke said that if there if flexibility in decisions the Board has to make, those can be argued at a later date. However, land use needs certainty. Regarding the summary on Page 5, and the last sentence, the Board concurred with the Hearings Officer's alternative findings. BANEY: Move approval of the decision with the change noted. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes no. (Split vote) Before the Board was consideration of the approval of the Consent Agenda. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 4. Signature of County Counsel of Document No. 2010-733, a Deed of Reconveyance regarding the Purchase of County-owned Property 5. Signature of County Counsel of Document No. 2010-734, a Deed of Reconveyance regarding the Purchase of County-owned Property 6. Commissioner Baney's Signature of Document No. 2010-748, a Services Agreement between Central Oregon Individual Health Solutions and Accountable Behavioral Health Alliance 7. Signature of Resolution No. 2010-132, Authorizing a Credit Card for the Deschutes County Health Services Department 8. Signature of Resolution No. 2010-133, Appropriating a New Grant in the Behavioral Health Fund (Residential Treatment Facilities) Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 3 of 7 Pages 9. Signature of Resolution No. 2010-134, Appropriating a New Grant in the Behavior Health Fund (Improvements to Residential Treatment Facilities) 10. Signature of Resolution No. 2010-135, Transferring Appropriations in the Health Benefits Trust Fund 11. Signature of Resolution No. 2010-137, Appropriating a New Grant in the Children & Families Commission Fund 12. Signature of Resolution No. 2010-139, Transferring Appropriations in the Behavioral Health Fund (Mental Health Specialist) 13. Signature of Resolution No. 2010-143, Transferring Appropriations in the Behavioral Health Fund (Vehicle Purchase) 14. Approval of Chair Signature of a Letter Allowing the County Administrator to Sign Documents relating to the GMS System on the Grant Awards for Safe Havens and Community Defined Solutions to Violence Against Women 15. Signature of Letters Appointing Tyler Deke and Sue Page to the Deschutes County Special Transportation Fund (STF) Advisory Committee, through December 31, 2012 16. Signature of a Letter Appointing Mike Lovely to the Deschutes County Special Transportation Fund (STF) Advisory Committee, through December 31, 2011 17. Signature of a Letter Reappointing Bruce Bowen to the Panoramic Access Special Road District Board, through December 31, 2013 18. Signature of Letters Accepting the Resignation of Dolores Ellis, Nancy Ruel and Jennifer McKague from the Deschutes County Behavioral Health Advisory Board, and Thanking them for their Service 19. Signature of Letters Reappointing Patricia von Riedl and Darrel Wilson to the Deschutes County Behavioral Health Advisory Board, through December 31, 2013 20. Signature of Letters Accepting the Resignation of Susan Daly Stearns and Renee Windsor from the Children & Families Commission, Thanking them for their Service 21. Signature of a Letter Appointing Patricia Kurateck to the Children & Families Commission, through December 31, 2011 Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 4 of 7 Pages 22. Signature of a letter Reappointing John McLaughlin (through December 31, 2012 and William Lindermann (through December 31, 2014) to the Children & Families Commission 23. Signature of a Letter Appointing Rebecca Timms to the Children & Families Commission, through December 31, 1014 24. Approval of Minutes: • Work Session of December 15 and 20 • Business Meeting of December 20 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $12,985.51 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 26. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $9,763.74 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 5 of 7 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 27. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,015, 866.01 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 28. ADDITIONS TO THE AGENDA Chair Luke asked about executive session regarding labor negotiations. He asked under what situations or circumstances the content of those discussions can be made public. Dave Kanner said that they might be subpoenaed. Mr. Pilliod agreed that a Judge could subpoena them, and they may or may not become public record at some point. Mr. Kanner said that the staff at the District Attorney's office has been instructed to remain on the job until notified otherwise. Commissioner Luke said that the new District Attorney will not be sworn in until January 3 but current District Attorney Mike Dugan resigned as of December 31. Therefore, there would not be a District Attorney until January 3. The Attorney General and Governor are not aware of anyone being sworn in on January 1. Mr. Pilliod confirmed that this is the case. Being no further items addressed, the meeting adjourned at 10:35 a.m. Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 6 of 7 Pages DATED this 5 ' Day of 2010 for the . Deschutes County Board of Commission ®r ATTEST: Recording Secretary D nis R. Luke, Chair Cd 6L,, Uvttut~ Alan Unger, Vice Chair Tammy aney, Commis oner Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 7 of 7 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., MONDAY, DECEMBER 27, 2010 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 Second Reading and Adoption of Ordinance No. 2010-033, Amending Code in regard to Contractor Insurance Indemnification - Mark Pilliod, County Counsel Suggested Motions: Move second reading by title only, and adoption, of Ordinance No. 2010-033. 3. CONSIDERATION of Signature of a Decision on an Appeal of the Hearings Officer's Decision regarding a Nonconforming Use Alteration and Site Plan for Wooden Cabins to Replace Canvas Tents on Existing Platforms at the Outward Bound Facility - Paul Blikstad, Community Development Department Suggested Motion: Move signature of the findings and decision, Document No. 2010-744. CONSENT AGENDA 4. Signature of County Counsel of Document No. 2010-733, a Deed of Reconveyance regarding the Purchase of County-owned Property Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 1 of 7 Pages 5. Signature of County Counsel of Document No. 2010-734, a Deed of Reconveyance regarding the Purchase of County-owned Property 6. Commissioner Baney's Signature of Document No. 2010-748, a Services Agreement between Central Oregon Individual Health Solutions and Accountable Behavioral Health Alliance 7. Signature of Resolution No. 2010-132, Authorizing a Credit Card for the Deschutes County Health Services Department 8. Signature of Resolution No. 2010-133, Appropriating a New Grant in the Behavioral Health Fund (Residential Treatment Facilities) 9. Signature of Resolution No. 2010-134, Appropriating a New Grant in the Behavior Health Fund (Improvements to Residential Treatment Facilities) 10. Signature of Resolution No. 2010-135, Transferring Appropriations in the Health Benefits Trust Fund 11. Signature of Resolution No. 2010-137, Appropriating a New Grant in the Children & Families Commission Fund 12. Signature of Resolution No. 2010-139, Transferring Appropriations in the Behavioral Health Fund (Mental Health Specialist) 13. Signature of Resolution No. 2010-143, Transferring Appropriations in the Behavioral Health Fund (Vehicle Purchase) 14. Approval of Chair Signature of a Letter Allowing the County Administrator to Sign Documents relating to the GMS System on the Grant Awards for Safe Havens and Community Defined Solutions to Violence Against Women 15. Signature of Letters Appointing Tyler Deke and Sue Page to the Deschutes County Special Transportation Fund (STF) Advisory Committee, through December 31, 2012 16. Signature of a Letter Appointing Mike Lovely to the Deschutes County Special Transportation Fund (STF) Advisory Committee, through December 31, 2011 17. Signature of a Letter Reappointing Bruce Bowen to the Panoramic Access Special Road District Board, through December 31, 2013 18. Signature of Letters Accepting the Resignation of Dolores Ellis, Nancy Ruel and Jennifer McKague from the Deschutes County Behavioral Health Advisory Board, and Thanking them for their Service Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 2 of 7 Pages 19. Signature of Letters Reappointing Patricia von Riedl and Darrel Wilson to the Deschutes County Behavioral Health Advisory Board, through December 31, 2013 20. Signature of Letters Accepting the Resignation of Susan Daly Stearns and Renee Windsor from the Children & Families Commission, Thanking them for their Service 21. Signature of a Letter Appointing Patricia Kurateck to the Children & Families Commission, through December 31, 2011 22. Signature of a letter Appointing John McLaughlin to the Children & Families Commission, through December 31, 2012 23. Signature of Letters Appointing Rebecca Timms and William Lindemann to the Children & Families Commission, through December 31, 1014 24. Approval of Minutes: • Work Session of December 15 and 20 • Business Meeting of December 20 CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 25. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 26. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 27. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 3 of 7 Pages 28. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. 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.) Friday, December 24 Most County offices will be closed to observe Christmas Monday December 27 10:00 a.m. Board of Commissioners' Meeting Wednesday, December 29 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Friday, December 31 Most County offices will be closed to observe New Years Day Board of Commissioners' Business Meeting Agenda Monday, December 27, 2010 Page 4 of 7 Pages Monday, January 3 8:00 a.m. Swearing in of Newly Elected/Re-elected Officials 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Wednesday, January 5 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Thursday, January 6 8:00 a.m. Joint Meeting with Sisters City Council - Sisters City Hall 1:30 p.m. Budget Committee Overview and Update Wednesday, January 12 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, Januar13 7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers Monday, January 17 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 19 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 24 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 Monday, December 27, 2010 Page 5 of 7 Pages Wednesday, January 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, February 2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, Februar7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Wednesday, February 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, February 16 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 17 Most County offices will be closed to observe Presidents' Day Wednesday, February 23 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 Monday, December 27, 2010 Page 6 of 7 Pages Monday, February 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Wednesday, March 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 10 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 Monday, December 27, 2010 Page 7 of 7 Pages