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2001-646-Minutes for Meeting August 06,2001 Recorded 8/17/200101 AUG 17 P1 COUNTY OFFICIAL MARYHSUE SPENHOLLOW, COUNTYRCLERKS VAI 2001-646 COMMISSIONERS' JOURNAL 08/17/200103:12:00 PM Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97 701 -1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke MINUTES OF WORK SESSION Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 6, 2001 Present were Commissioners Dennis Luke and Mike Daly; Commissioner Tom De Wolf was excused. Also present were Mike Maier, County Administrator; Jenny Scanlon and Ted Schassberger, Commissioners' Office; George Read, Catharine Tilton, Kevin Harrison and Paul Blikstad, Community Development; Rick Isham and Laurie Craghead, Legal Counsel; George Kolb and Gary Judd, Road Department; Sue Brewster, Sheriff's Office; Suzanne Donovan, Mental Health Department; Tammy Credicott and Jim Bonnarens, Property Management; media representative Barney Lerten of bendnet. com; and several citizens. Acting Chair Mike Daly 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 Signature of Resolution No. 2001- 063, Accepting a Petition to Vacate All of J. A. Foss Road (near Terrebonne), and Accepting the Engineer's Report Relating to Said Vacation. George Kolb indicated that this road does not serve other properties, and that the adjacent landowners will put in a private easement. He also said that Central Electric Cooperative is working with the property owner regarding relocating utility easements. Minutes of Work Session Page 1 of 9 Pages Monday, August 6, 2001 Quality Services Performed with Pride LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2001-079, Setting a Public Hearing on the Vacation of J. A. Foss Road. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. A public hearing on this vacation is scheduled for Wednesday, September 26, 2001 at 10:00 a.m. 4. Before the Board was Consideration of Signature of Resolution No. 2001- 064, Accepting a 100% Petition to Vacate a Portion of Ward Road (near Gribling Road), and Accepting the Engineer's Report Relating to Said Vacation. George Kolb explained that there is no road, and no utilities to affect this vacation; and that a right of way has been separately dedicated. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 5. Before the Board was Consideration of Signature of Order No. 2001-082, Vacating a Portion of Ward Road. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Minutes of Work Session Page 2 of 9 Pages Monday, August 6, 2001 6. Before the Board was Consideration of Signature of Order No. 2001-088, Establishing a 35 MPH Speed Limit on Cody Road. Gary Judd explained that establishing this speed limit on Cody Road, as well as Donna Lane, has been requested by the local property owners, and the Road Department agrees with their request. This will give the Sheriff s Department the ability to ticket violators. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 7. Before the Board was Consideration of Signature of Order No. 2001-087, Establishing a 35 MPH Speed Limit on Donna Lane. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 8. Before the Board was Consideration of Signature of Order No. 2001-086, Surrendering Portions of Umatilla Avenue, 43rd Street, Forked Horn Butte, Salmon Avenue, 41St Street, Timber Avenue and NW 19th Street to the City of Redmond. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 9. Before the Board was Consideration of Signature of a One-year Contract between Deschutes County and Qwest for Emergency Preparedness Network Services and Cooperative Funding for the Contract. Sue Brewster explained that there are two contracts involved, and that they cover a year so that the program can be reevaluated at that time. Minutes of Work Session Page 3 of 9 Pages Monday, August 6, 2001 LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 10. Before the Board was Consideration of Signature of a Contract between Deschutes County and Elliott Morrison, M.D., for Psychiatric Services to the Child & Family Program. Suzanne Donovan said that this is a renewal of a previous contract. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 11. Before the Board was Consideration of Approval of Seven Fiscal Year 2001-2002 Inter -Agency Agreements between Deschutes County and the Oregon Health Division for the Oregon Breast and Cervical Cancel Program Grant. - Dan Peddycord explained that this is a seven -county program for low-income residents who are not covered by the Oregon Health Plan. It is a screening program, and clients are referred to local health care providers. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 12. Before the Board was Consideration of Signature of a Use Agreement between Deschutes County and the Deschutes Children's Foundation regarding the Use of Space at the Deschutes County Juvenile Justice Facility. Minutes of Work Session Page 4 of 9 Pages Monday, August 6, 2001 Scott Johnson stated that this is the renewal of the lease for the Commission on Children & Families to remain in the Rosie Bareis Center. The cost has increased by 5%, but the Commission has added additional office space. LUKE: Move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 13. Before the Board was Consideration of Approval of a Decision on 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). Laurie Craghead said that since there is a parks fee for this proposed six -lot subdivision, the developer proposes using that fee towards a 2-1/2 acre park to be used by the homeowners. Paul Blikstad explained that Kevin Harrison (of Community Development) disagrees with this proposal, and stated that he feels there should be a park fee, as it is collected for all land divisions. The fee totals approximately $2,000. Mr. Blikstad further said that the proposed park would be located between lots 3 and 4. (He then presented an oversized map to the Board to review.) Commissioner Luke asked who would be liable for the maintenance of the park. Kevin Harrison responded that it believes it would be the responsibility of the homeowners. Commissioner Daly said that it appears to him that the problem is there is too much open space there already. Mr. Harrison explained that their plan is to have the large, maintained field plus the 2-1/2 acre park for the use of homeowners; it would be private to the development. Minutes of Work Session Page 5 of 9 Pages Monday, August 6, 2001 Laurie Craghead also said that there is to be a $10,000 cash bond; the homeowners would like to add a clause indicating that this bond could be rescinded in five years. (The written decision on this issue will be before the Board on Monday, August 20, 2001, at approximately 10:00 a.m.) 14. Before the Board was Consideration of Adoption of Ordinance No. 2001- 031, Amending the Bend Urban Area Zoning Map by Changing the Zone Designation of Property Located near Shevlin Park and Mt. Washington Drive (from Surface Mining to Urban Area Reserve). Catharine Tilton explained that this property is located west of the new development that's within the city limits, and that no public hearing is necessary. She said it is not a Goal 5 site, and is not considered a significant site. It was mined for pumice for 55 years, but is not surface mined at this time. She further stated that there has been no opposition, and one letter of support from the public. LUKE: I move first and second reading, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Acting Chair Mike Daly then did the first reading by title only, declaring an emergency. Acting Chair Mike Daly then did the second reading by title only, declaring an emergency. LUKE: I move passage of Ordinance No. 2001-031. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Minutes of Work Session Page 6 of 9 Pages Monday, August 6, 2001 15. Before the Board was Consideration of Signature of a Letter from Jim Kress, Resigning from the Deschutes County Historic Landmarks Commission. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 16. ADDITIONS TO THE AGENDA A. Kyle Gorman of the Oregon Water Resources Department presented a letter from the Farm Bureau detailing the fact that the Squaw Creek Irrigation District water flow is 20% of normal; it is at its lowest level since 1977. They have asked that the Board of Commissioners request the Governor to declare Deschutes County a drought disaster area. He said that the Water Resources agency has to remain neutral in these instances, but explained that the Squaw Creek Irrigation District would appreciate any help the Commissioners could give. He further explained that this allows irrigators quick access to another water source, such as a well. The permit is good for emergency purposes only, during severe drought conditions. LUKE: I move that the Board of Commissioners draft a letter to the Governor, mostly because of the situation affecting the Squaw Creek Irrigation District. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. B. Commissioner Luke asked that Legal Counsel investigate a situation that arose at the County Fair. Petition takers were located just outside the Fairgrounds gate, obstructing the flow of visitors. He said he realizes that they have a right to petition, but that in this case there was no way for people to easily get around the petition takers. He stated that many people do not like to be approached by solicitors. Minutes of Work Session Page 7 of 9 Pages Monday, August 6, 2001 Rick Isham explained that this is a problem only if they impede the flow of traffic, but it is possible that it can be arranged so that future petitioners are in place nearer the curb. He will investigate this to make sure it is in place before next year's Fair. C. Mike Maier asked that the imprest account for the Fairgrounds be increased to $31,000. He said the total amount was not known at first. There will be a full accounting of all funds. LUKE: I move approval of a Resolution increasing the limit of the imprest account at the Deschutes County Fairgrounds and Expo Center to $31,000. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 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 $5,483.66 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $5,055.32 (two weeks). Minutes of Work Session Page 8 of 9 Pages Monday, August 6, 2001 LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,234,086.23 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Being no further items brought before the Board, Acting Chair Mike Daly adjourned the meeting at 11:05 a.m. DATED this 6th Day of August 2001 for the Deschutes County Board of Commissioners. TZDeWoChair Dennis R. Luke, Commissioner ATTEST: / q G _ n Michael M. Daly, ommissioner Recording Secretary, Minutes of Work Session Page 9 of 9 Pages Monday, August 6, 2001