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2001-570-Minutes for Meeting June 27,2001 Recorded 7/13/20011130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke MINUTES OF MEETING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 279 2001 Present were Commissioners Tom De Wolf, Dennis Luke and Mike Dalk' Alsd present was Mike Maier, County Administrator; Jenny Scanlon and Susan Rays, Commissioners' Office; Damian Syrnyk, Steve Jorgensen and Kevin Hcrrison;-. Community Development; Dan Peddycord, Health Department; Kelley'Jacobs-and Deevy Holcomb, Juvenile Community Justice; and Rick Isham, Laurie Craghead and Mary Flatt, Legal Counsel. Also in attendance were Tom Blust and George Kolb, Road Department; Marty Wynne, Finance; Sue Brewster, Sheriff's Office; Julie Lyche, Commission on Children & Families; Mike Viegas, Risk Management; Tammy Credicott, Property Management; Chuck McGraw, City of Redmond; Representatives of the Media Barney Lerten of Bend. com, Jeff Mullins of KBND Radio; John Cote of the Bulletin Newspaper, Diane Roseburg, Sunriver Scene; and Anne Pennick, freelance reporter for The Source and OPB radio; plus approximately twelve citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Commissioner Dennis Luke spoke about the retirement of Bob Main (of the Watermaster's Department), and indicated that Mr. Main will be acting in an advisory capacity in the future. No other citizen input was offered. Minutes of Meeting Board of County Commissioners Quality Services Performed with Pride Page 1 of 20 Pages Wednesday, June 27, 2001 5. Before the Board was a Public Hearing of Appeal #A-01-10 of the Hearings Officer's Decision to Deny a Variance to the Density and Open Space Standards to Add Lots in an Existing Planned Unit Development (Odin Falls Ranch) The attorney for the applicant, Bob Lovlien, requested a continuance. He indicated that the time limit has been waived, and he would like to work further with County staff on this issue. (This has been rescheduled to July 11, 2001.) 2. Before the Board was a Public Hearing (Continued from June 13, 2001) and Consideration of Signature of Ordinance No. 2001-026, Repealing the Redmond Urban Area Comprehensive Land Use Plan and Comprehensive Plan/Zoning Map, and Replacing them with the Redmond 2020 Comprehensive Plan, Addendum to the 2020 Comprehensive Plan, and 2020 Comprehensive Plan/Zone Map, and Declaring an Emergency. 3. Before the Board was a Public Hearing (Continued from June 13, 2001) and Consideration of Signature of Ordinance No. 2001-026, Repealing the Redmond Urban Area Comprehensive Land Use Plan and Comprehensive Plan/Zoning Map, and Replacing them with the Redmond 2020 Comprehensive Plan, Addendum to the 2020 Comprehensive Plan, and 2020 Comprehensive Plan/Zone Map, and Declaring an Emergency. Chair Tom DeWolf asked if there was further public input on this issue. None was offered. Chair DeWolf then closed the public hearings. LUKE: I move for First and Second Readings of Ordinance No. 2001-026, by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair Tom De Wolf then conducted the First and Second Readings of Ordinance No. 2001-026, by title only. Minutes of Meeting Page 2 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 LUKE: I move approval of Ordinance No. 2001-026. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. LUKE: I move First and Second Readings of Ordinance No. 2001-029 by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair Tom De Wolf then conducted the First and Second Readings of Ordinance No. 2001-029 by title only, declaring an emergency. LUKE: I move approval of Ordinance No. 2001-029. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was a Public Hearing and Consideration of Adoption of the Fiscal Year 2001-2002 Deschutes County Budget. ■ Signature of Resolution No. 2001-042, Adopting the Deschutes County Budget for Fiscal Year 2001-2002. ■ Signature of Resolution No. 2001-043, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Deschutes County Budget for Fiscal Year 2001-2002. Chair Tom De Wolf opened the public hearing. No public comments were offered, and Chair De Wolf closed the public hearing. Minutes of Meeting Page 3 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 LUKE: I move signature of Resolution 2001-042. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. LUKE: I move signature of Resolution No. 2001-043. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. Before the Board was Consideration of a Decision Whether to Hear a De Novo Appeal Filed by SBA Communications, Inc. regarding Hearings Officer's Denial of a Request to Establish a Wireless Telecommunications Facility in the Sunriver Business Park. Damian Syrnyk gave an overview of the appeal. He stated that staff recommends that the Board hear the appeal, but only on the record and not de novo. There are only 55 days remaining within the timeline. A general discussion occurred regarding whether two Commissioners should hear this, since one Commissioner will be out of town during much of the next two months. Commissioner Luke stated that the applicant should be willing to waive the time period, and asked why the Board should hear the same policy question twice, as this is similar to the Mericom appeal. Laurie Craghead replied that if a decision is at the Hearings Officer level, it won't get the same treatment at LUBA as a decision by the Board would. She said if the Board hears the SBA appeal first, it might then have a better basis for the Mericom decision. There may end up being two cases with two different interpretations. DALY: I move that the Board hear this appeal on the record and not de novo. DEWOLF: I second. Minutes of Meeting Page 4 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 7. Before the Board was Consideration of Signature of an Intergovernmental Agreement between Deschutes County and the Oregon Health Sciences University - Child Development and Research Center for the Continued Operation of "CaCoon" Program for Children with Special Health Needs. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board was Consideration of Signature of a Contract between Deschutes County and the State of Oregon Health Division for Annual Grant Funding. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. ADDITION TO THE AGENDA Before the Board was Consideration of Signature of a Contract with East Cascades Women's Health Group. Dan Peddycord explained that this extends the Healthy Start prenatal program, with a half-time midwife. Minutes of Meeting Page 5 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 9. Before the Board was Consideration of Signature of the Commission on Children & Family Board Recommendations for Funding Fiscal Year 2001- 2002 Grants. Julie Lyche stated that the legislature is trying to cut the funding for the Commission on Children & Families by about 29%. Chair Tom DeWolf said this is an awkward and difficult situation, and there are a lot of issues involved. He explained that there seems to be a real commitment from the Commission on Children & Families and J -Bar -J, and he strongly suggests that discussions be continued, keeping Juvenile Justice involved. He said he realizes this was a very long, difficult, well thought out process, and he respects the conclusions of the Commission, and personally will accept the Commission's results. Commissioner Luke stated that he has been through this process twice. He said the group consists of great people who care about the County and its services; they have followed the process correctly and he supports their recommendations. Chair DeWolf asked if there was anyone in the audience who would like to comment on this item. No response was received. LUKE: I move signature, contingent upon the receipt of funding from the legislature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Meeting Page 6 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 10. Before the Board was Consideration of Signature of a Contract between Deschutes County and the State Marine Board for Sheriff Patrol Services on Bodies of Water in Deschutes County. Sue Brewster explained that the contract is the same as last year's, but that the State Marine Board has been asked, and is willing, to increase its payment amount to Deschutes County by $6,000. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 11. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Maple Star Oregon for Therapeutic Foster Care Beds. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 12. Before the Board was Consideration of Signature of an Amendment to the 2000-2001 Commission on Children & Families Contract with the University of Oregon for the Community Youth Investment Program Evaluation. Kelley Jacobs said that the Secretary of State does a fiscal audit, but the amendment has not yet passed; it is still in the legislature. This amendment extends the agreement for three months. Minutes of Meeting Page 7 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 Mike Maier asked that if the Secretary of State's audit duplicates what the University of Oregon will do, can the County back out of the contract. Ms. Jacobs replied that is why her department prefers to extend this contract rather than enter into a new one; it allows the County to close out the current contract if necessary. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 13. Before the Board was Consideration of Signature of an Amendment to the 1999-2001 Intergovernmental Agreement with the Oregon Youth Authority and the Oregon Criminal Justice Commission for the Juvenile Crime Prevention Program. Kelly Jacobs explained that this is a six-month extension of an existing contract. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 14. Before the Board was Consideration of Signature of a Contract between Deschutes County and Laura Robin, DO, for County Medical Examiner Services. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Meeting Page 8 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 15. Before the Board was Consideration of Adoption and Signature of an Ordinance Allowing the Use of the Law Enforcement Data System (LEDS) to Review Criminal Convictions of Certain Applicant and Employee Job Classifications. Rick Isham explained that this Ordinance is now in code form, and gave a brief overview of which employees would be screened by use of this program. LUKE: I move First and Second Readings by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair Tom De Wolf then did the First and Second Readings by title only, declaring an emergency. LUKE: I move signature of Ordinance No. 2001-032. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 16. Before the Board was Consideration of Signature of a Lease Extension with Property Systems, Inc. for the Building Presently in Use by the Rainbow House. Susan Ross explained that the house is only 700 square feet, and includes both the clubhouse and the thrift store. A stamped set of plans has been prepared and is awaiting legal review. It is ready to go, and is on target for completion in late fall. LUKE: I move signature. DALY: Second. Minutes of Meeting Page 9 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 17. Before the Board was Consideration of Signature of Order No. 2001-070, Transferring Cash among Various Funds in the Deschutes County Budget for Fiscal Year 2000-2001, and Directing Entries. LUKE: I move signature. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 18. Before the Board was Consideration of Signature of Resolution No. 2001- 056, Transferring Appropriations within the Deschutes County Budget for Fiscal Year 2000-2001, and Directing Entries. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 19. Before the Board was Consideration of Signature of Resolution No. 2001- 032, Adopting and Continuing Fees and Charges for Services, and Providing an Effective Date. LUKE: I move signature. DALY: Second. Minutes of Meeting Page 10 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 20. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Central Oregon Resources for Independent Living (CORIL) for the Provision of Personal Care Services to Residents of Emma's Place. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 21. Before the Board was Consideration of Signature of an Amendment to an Intergovernmental Agreement between Deschutes County and the State of Oregon for the Deschutes County Community Youth Project. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 22. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Opportunities Unlimited, to Provide Cognitive Skill Development Groups for Youth. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Meeting Page 11 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 23. Before the Board was Consideration of Signature of an Amendment to an Intergovernmental Contract between Deschutes County and the Oregon Youth Authority regarding the Community Youth Investment Program. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 24. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Morrow Planning for Work Related to the Regional Problem Solving Project. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 25. Before the Board was Consideration of Signature of Letters Reappointing Mike Pulzone and Jeff Monson to New Three -Year Terms on the Deschutes County Bicycle and Pedestrian Advisory Committee, through June 30, 2004. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Meeting Page 12 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 26. Before the Board was Consideration of Signature of a Letter Appointing Beth -Ann Wesley to Complete the Remainder of Carol Delmonico's Term on the Deschutes County Bicycle and Pedestrian Advisory Committee, through July 30, 2002. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 27. Before the Board was Consideration of Signature of a Deed of Dedication of a Thirty-foot Strip of Land off Waugh Road, for Roadway and Utility Purposes. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 28. Before the Board was Consideration of Signature of Order No. 2001-072, Authorizing the Transfer and Distribution of Monies from the Land Sales Fund. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 29. Before the Board was Consideration of Approval of Special Transportation Fund Grant Applications. LUKE: I move signature. DALY: Second. Minutes of Meeting Page 13 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 30. Before the Board was Consideration of Signature of Resolution No. 2001- 057, Transferring Appropriations within Deschutes County Extension/4-11 County Service District Funds within the Deschutes County Budget for Fiscal Year 2000-2001, and Directing Entries. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 31. Before the Board was Consideration of Signature of Resolution No. 2001- 046, Adopting the Fiscal Year 2001-2002 Budget for the Deschutes County Extension and 4-H Service District. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 32. Before the Board was Consideration of Signature of Resolution No. 2001- 047, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Deschutes County Extension and 4-H Service District Budget. Minutes of Meeting Page 14 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 33. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $355.37. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 34. Before the Board was Consideration of Signature of Resolution No. 2001- 058, Transferring Appropriations within 9-1-1 County Service District Funds within the Deschutes County Budget for Fiscal Year 2000-2001, and Directing Entries. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 35. Before the Board was Consideration of Signature of Resolution No. 2001- 060, Adopting and Continuing Fees and Charges for Services for the 9-1-1 County Service District, and Providing an Effective Date. LUKE: I move signature. DALY: Second. Minutes of Meeting Page 15 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 36. Before the Board was Consideration of Signature of Resolution No. 2001- 044, Adopting the Fiscal Year 2001-2002 Budget for the Deschutes County 9-1-1 County Service District. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 37. Before the Board was Consideration of Signature of Resolution No. 2001- 045, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Deschutes County 9-1-1 County Service District Budget. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 38. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $1,530.20. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Meeting Page 16 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 CONVENED AS THE GOVERNING BODY FOR THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 39. Before the Board was Consideration of Signature of Resolution No. 2001- 048, Adopting the Fiscal Year 2001-2002 Budget for the Black Butte Ranch County Service District. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 40. Before the Board was Consideration of Signature of Resolution No. 2001- 049, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Black Butte Ranch County Service District Budget. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 41. Before the Board was Consideration of Signature of Resolution No. 2001- 050, Adopting the Fiscal Year 2001-2002 Budget for the Bend Library County Service District. Commissioner Luke explained to the audience that this is just for debt service on the construction bond. LUKE: I move signature. DALY: Second. Minutes of Meeting Page 17 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 42. Before the Board was Consideration of Signature of Resolution No. 2001-051, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Bend Library County Service District Budget. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 43. Before the Board was Consideration of Signature of Resolution No. 2001- 052, Adopting the Fiscal Year 2001-2002 Budget for the Redmond Library County Service District. LUKE: I move signature. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 44. Before the Board was Consideration of Signature of Resolution No. 2001- 053, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Redmond Library County Service District Budget. LUKE: I move signature. DEWOLF: Second. Minutes of Meeting Page 18 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: DALY: DEWOLF Yes. Yes. Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 45. Before the Board was Consideration of Signature of Resolution No. 2001- 054, Adopting the Fiscal Year 2001-2002 Budget for the Sunriver Library County Service District. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 46. Before the Board was Consideration of Signature of Resolution No. 2001- 055, Levying Ad Valorem Taxes for Fiscal Year 2001-2002, and Making Appropriations of the Sunriver Library County Service District Budget. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 47. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $467,159.14. LUKE: I move approval, subject to review. DALY: Second. Minutes of Meeting Page 19 of 20 Pages Board of County Commissioners Wednesday, June 27, 2001 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 48. ADDITION TO THE AGENDA Before the Board was Consideration of Chair Signature of an Oregon Liquor Control Commission License Application for the Millican Store. LUKE: I move signature. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair Tom DeWolf adjourned the meeting at 11: OS a.m. DATED this 27th Day of June 2001 for the Deschutes County Board of Commissioners. Tom IXWolf, Chair ATTEST ,t.4 , K&J�� Recording Secretary Minutes of Meeting Board of County Commissioners s R. Luke, C&mrfiissioner 0111 �e�/'Of 411 Michael M. Daly Commissioner Page 20 of 20 Pages Wednesday, June 27, 2001