2001-576-Minutes for Meeting July 11,2001 Recorded 7/13/2001�0:� CO DESCHUTES COUNTY OFFICIAL RECORDS
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL
08/13/200103:06:08 PM
�� Board of Commissioners
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1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
t www.deschutes.org
Tom De Wolf
Dennis R. Luke
MINUTES OF MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 119 2001
Present were Commissioners Tom De Wolf, Dennis Luke and Mike Daly. Also
present was Mike Maier, County Administrator; Jenny Scanlon and Susan Ross,
Commissioners' Office; Damian Syrnyk, Roger Everett, Dave Leslie, Paul Blikstad,
Barbara Rich and George Read, Community Development; Timm Schimke, Solid
Waste Department; Rick Isham, Mark Amberg and Laurie Craghead, Legal
Counsel; Representative of the Media Barney Lerten of Bend. com; and two citizens.
Vice Chair Michael Daly opened the meeting at 10: OS a.m.
1. Before the Board was Citizen Input.
No other citizen input was offered.
2. Before the Board was Consideration of Signature of Ordinance No. 2001-
030, Amending the Definition of Covered and Secured Loads and
Establishes a Surcharge for Uncovered and Unsecured Loads Arriving at
Solid Waste Disposal Sites.
Laurie Craghead explained that the Board already had passed the fee schedule.
Per the Board's request, the Ordinance has been changed so that it will allow the
Board to give a rebate to those who comply with the Ordinance.
(Chair De Wolf joined the meeting at this point.)
Minutes of Meeting Page 1 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
Quality Services Performed with Pride
The Commissioners and Timm Schimke discussed the notification, signage, and
fee collection process regarding the fee, which would involve a grace period of
probably sixty days. They also discussed the possibility of providing, on a short-
term basis, tarps to those who have loads that may wish to utilize a tarp in the
future.
LUKE: I move first reading of Ordinance No. 2001-030.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair Tom De Wolf then conducted the first reading.
The second reading and possible adoption of Ordinance No. 2001-030 is
scheduled for July 25, 2001.
3. Before the Board was Consideration of Signature of Resolution No. 2001-
059, Adopting Solid Waste Disposal Surcharge for Uncovered and
Unsecured Loads.
Laurie Craghead stated that adoption of this Resolution is not necessary since the
cost is already reflected in the fee schedule.
4. Before the Board was Consideration of Signature of an Intergovernmental
Agreement between Deschutes County and the State Department of Human
Services to Provide Public Health Nurse Services.
Rick Isham gave an overview of the agreement and the services provided. He
said the indemnity portion of the agreement is improper, Board should approve
without this.
LUKE: I move approval, except for the portion of the document regarding
indemnity.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Meeting Page 2 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
5. Before the Board was Consideration of Ratification of Chair Signature of
Amendment #1 to Agreement #84855 between Deschutes County and the
State of Oregon for Health Services to Children and Families.
Rick Isham said this document had to be signed before the end of the fiscal year
on, allowing no time for the Board to meet prior to signature, as it came to the
County from the State at the last minute.
LUKE: I move ratification of this contract.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was a Public Hearing on the Eagle Crest III Final Master
Plan - Proposed Sewer System.
George Read said an issue had been raised at Monday's meeting regarding the
construction of homes in the new Phase. Commissioners DeWolf and Luke
stated they want to clarify that they were talking about occupancy, not
necessarily about construction of the residences.
Commissioner Luke stated that he feels the people operating Eagle Crest are
honorable, and he believes that they have agreed that they won't hook up any
homes to the existing system.
Commissioner Daly asked if DEQ (the Department of Environmental Quality)
has anything to report. George Read responded that this couldn't be allowed at
this time, since it would involve having to reopen the old hearing, which is not
allowed for six months. There was no appeal filed.
The public hearing before the Board of Commissioners regarding approval of the
final master plan is scheduled for July 12, 2001, at 3 p.m.
Minutes of Meeting Page 3 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
7. Before the Board was a Public Hearing (continued from an earlier date - an
additional continuance has been requested by the applicants) 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).
Bob Lovlien, attorney for the applicants, asked that this be extended to July 23 at
11:00 a.m.
Commissioner Luke asked if agreement has been made between staff and the
applicants to come to some conclusion. Laurie Craghead said the applicants still
feel that the Board needs to make a decision on some aspects of this issue.
Chair DeWolf explained that he will be out of the office on July 23, and if there
is a split vote between the other two Commissioners, the issue will have to wait
for resolution until he is available later in the summer.
8. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and HGE, Inc., for Engineering of the
Development of a Water and Wastewater Capital Facilities Plan for the New
Neighborhood in La Pine (Part of the Regional Problem Solving Project).
George Read said that he has provided information to Commissioner Luke in
response to questions raised at Monday's work session.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
9. Before the Board was Consideration of Signature of Letters Appointing
Several Citizens to the Deschutes County Historical Landmarks
Commission, with a Term Expiration Date of February 1, 2005.
George Read gave an overview of the applicants and his recommendations
regarding appointments. The appointments are:
Minutes of Meeting Page 4 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
■ Martin E. Hansen, Bend, Unincorporated County Representative
■ Susan E. Harless, Bend, Deschutes County Historical Society Representative
■ Russell Lowell Kiel, Bend, Deschutes Pioneer Association Representative
■ Ric Nowak, Redmond, At -large Representative
■ Dwight Smith, Sisters, Ex -Officio Member
■ Derek Stevens, Bend, Ex -Officio Member
Commissioner Luke said he has concerns about some of the applicants, but will
go with George's recommendations. He stated that he didn't like the way
Congressman Walden's staff was treated by certain individuals, and that
sometimes people can be on a board too long. He said he'd be very interested in
learning who might be hired as historical planner. He stressed that the process
concerns him, in view of the recent Bend Historic District controversy.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
10. Before the Board was Consideration of Signature of a License Agreement
between Deschutes County and a Property Owner regarding Participation in
the La Pine National Demonstration Project.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
11. Before the Board was Consideration of Ratification of Chair Signature of a
Powerline Easement Adjacent to the La Pine Industrial Park, Granted to
Midstate Electric Cooperative.
Minutes of Meeting Page 5 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
Susan Ross explained that this has already been signed by the Board but requires
ratification.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
12. Before the Board was Consideration of Signature of a License Agreement
between Deschutes County and the Family Motor Coach Association, Inc.
regarding the Use of the "Old Fairgrounds" Property during August 2001.
Rick Isham said this agreement has been changed to give the Family Motor
Coach Association five days to remove personal property, per the Board's
request.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
13. Before the Board was Consideration of Signature of Amendments to Facility
Grant Cooperative Agreements between Deschutes County and the State of
Oregon Marine Board, extending Boat Ramp, Floats and Ramps Project
Completion Dates.
Rick Isham explained the amendments do nothing more than extend completion
dates. This is a pass through contract. Mike Maier said the money comes from
marine board fuel taxes and is dedicated toward these improvements.
LUKE: I move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Meeting Page 6 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
CONSENT AGENDA
14. Before the Board was Consideration of Signature of a Letter Appointing Peter
Gramlich to the Deschutes County Planning Commission.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $4,053.59 (two weeks).
LUKE: I move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
16. Before the Board was Consideration of Signature of a Letter Appointing
Dauna Johnston to the Extension/4-H County Service District Advisory
Council, through December 31, 2001.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Meeting Page 7 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$2,842.27 (two weeks).
LUKE: I move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $2,108,488.78
(two weeks).
LUKE: I move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
ADDITIONS TO THE AGENDA
19. Before the Board was Consideration of Signature of Order No. 2001-076,
Appointing Gregory P. Colvin (of Bryant Emerson & Fitch, Redmond) to Serve
as Justice Court Pro Tempore when Judge Stephen Forte is Unavailable.
Commissioner Luke said that he would like the opinion of the presiding judge
prior to approval by the Board. Mark Amberg replied that he would contact him.
Mr. Amberg also stated that he doesn't know anything about the qualifications of
Mr. Colvin. The effective date would be August 1, so there is time to clarify this.
Commissioner Daly said he wished to disclose at this time that Mr. Colvin is his
personal attorney.
Minutes of Meeting Page 8 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
20. Before the Board was a Discussion of the Measure 7 Ordinance.
George Read stated that the Measure 7 issue needs to be continued for an
additional six weeks. LCDC requires 45 days' notice, and by continuing the
hearing, Deschutes County would be able adopt this ordinance in a more rapid
fashion. He suggested a continuation to September 12, 2001.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
21. Before the Board was Consideration of Approval of a Contract with URS
Corporation.
Commissioner Luke stated that Mike Maier should be approved to sign this
contract, which is for the study and mapping of the fault lines in the area. Rick
Isham explained that there are three phases to this study, and that Dave Leslie is
the planner involved who has been receiving the information. He further said
that Project Impact is also involved in the project.
LUKE: Move approval of Mike Maier being able to sign this contract.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
22. Before the Board was Consideration of Signature of a Contract with
Humboldt State.
Commissioner Luke explained that this contract also involves the study of fault
lines in the area.
Minutes of Meeting Page 9 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
LUKE: Move approval of Mike Maier being able to sign this contract.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
23. Before the Board was Consideration of Signature of a Contract with OMNI
group for a Facilities Study.
LUKE: Move approval of Mike Maier being able to sign this contract.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
24. Before the Board was Consideration of Signature of an Order Adopting the
Findings and Decision for Files No. A-95-8 and CU -94-144, Regarding
Required Clearance of Two Bridges Above the Ordinary High Water Mark
of the Little Deschutes River at Crosswater.
Dave Leslie explained that in 1995 the Board of Commissioners (at that time Bob
Nipper, Nancy Pope Schlangen and Barry Slaughter) held a hearing regarding
this issue. They reversed a portion of the hearing officers' decision and allowed
conduit and other equipment to be placed at five feet above the high water level.
Staff had previously required a six-foot clearance.
The applicant then applied for a new conditional use permit, and the Hearings
Officer then required that the conduit and other equipment all be at five feet or
higher above the water line. Because of the nature of the construction of the
bridge, it was not possible for the entire length of the equipment to be placed that
high. The applicant appealed, and the Board approved the appeal.
A draft decision was prepared, but for some reason it was never placed in a final
form for signature. The State Marine Board recently asked the applicant to raise
the conduits, and subsequent investigation has shown that the decision was never
finalized and signed. That is what the applicant is requesting be done at this
time.
Minutes of Meeting Page 10 of 11 Pages
Board of County Commissioners Wednesday, July 11, 2001
DEWOLF: I move signature
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair Tom De Wolf adjourned the
meeting at 10:50 a.m.
DATED this 111h Day of July 2001 for the Deschutes County Board of
Commissioners.
ATTEST
Recording Secretary
Minutes of Meeting
Board of County Commissioners
Tom eWolf, Chair
Den is R. Luke, Commissioner
V� /�/Zx
M'iclTael M. Daly, ommissioner
Page 11 of 11 Pages
Wednesday, July 11, 2001