HomeMy WebLinkAbout2014-03-05 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 5, 2014
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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
WEDNESDAY, MARCH 5, 2014
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; Laurie Craghead, County Counsel; Nick Lelack, Community
Development; Timm Schimke, Solid Waste Department; and one other citizen.
Chair Baney opened the meeting at 10:00 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None was offered.
3. Before the Board was Consideration of Signature of Document No. 2014-
126, Notice of Intent to Award Contract Letter for Engineering Services
Associated with the Construction of Cell 6 at Knott Landfill.
Mr. Schimke said the actual cell construction won’t happen until the next
budget cycle, but they want to get started on the preliminaries. He gave an
overview of the bid process and bidders. They are doing more than just a
straightforward cell project; they are including aspects of the landfill gas to
energy project as well.
He said the cost is in line with what was paid for past cell projects. He added
that a typical cell lasts for about five years, sometimes seven years depending
on the various factors. They could have four more cells to go if they stay with
this type and size.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 5, 2014
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UNGER: Move Chair signature of the Intent to Award Contract Letter.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of First and Second Readings by Title
Only, and Adoption of Ordinance No. 2014-003, Amending Code to
Change “Base Fine” to “Presumptive Fine”, and Set the Maximum Fine as
the Presumptive Fine and Minimum Fine for Certain Violations.
Laurie Craghead said the purpose of this is to maintain the previous status quo.
In 2011 the wording changed to presumptive fine and a minimum fine. The
courts would use a presumptive fine for violations. This was meant to comply
with ORS. If they want to keep status quo, the terminology needs to change,
making the fines the same. Code Enforcement was asked for input, and said the
fine has not been a deterrent. She has not had one plead not guilty specifically
to try to get a lower fee.
Chair Baney asked if this removes the opportunity for discretion. Ms. Craghead
stated they had discretion in the past until it went to court. The court would still
have discretion as to whether to allow the offender time to fix the problem and
avoid a fine; but the fine itself would be set. The presumptive fine, the base
fine and the maximum fine would be the same.
Commissioner DeBone asked for an example of this situation. Nick Lelack said
this does not change the program, which is towards voluntary compliance.
They have very few cases go to court each year. Ms. Craghead said the base
fine was the maximum fine for many years. She did not check with other
counties, and not all use ORS 153 for this process.
Commissioner Unger stated that a lot of work goes in to hand ling these cases.
He does not want to put the enforcement officers in a position of having to
consider the level of the fine. He also observed that if the judge has discretion,
more cases might go to court to see if they can get a reduced fine. Ms.
Craghead stated that another consideration is people might plead guilty up front
if they think their fine might be lower, but it does not seem to be a factor in
these cases. People either comply or they don’t at that point.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 5, 2014
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Tom Anderson supports the Ordinance. He does not think it is a good idea to
allow discretion at the staff level. However, they could allow the Judge some
discretion. In the past there have been more offenders that had to pay fines, but
it is a very low number now. Judges can waive the fine if the violation is
corrected, which is the objective. The fines don’t even come back to the
County in whole; it is paid to the State and most of it goes elsewhere.
Chair Baney would like to see judicial discretion. Ms. Craghead said in the past
the Judge had to either waive the fine or charge only the maximum, until the
law was changed in 2011. The question is whether the language should return
to what it was. Mr. Anderson said the fine has gone up from $720 to $2,000 so
it is considerable.
Mr. Lelack said that a $2,000 is a very high amount for some people and cases.
Some of the differences in the cases might benefit from judicial discretion.
Commissioner DeBone supports discretion at the judicial level but not in the
field. The Board wants to see the maximum fine at $2,000, but allowing the
Judge to decide how much. Ms. Craghead stated that the presumptive fine is
$435 at this point, which is the statutory minimum.
Ms. Craghead will draft a couple of options for the Board to review.
5. Before the Board was Consideration of First and Second Readings by Title
Only, and Adoption of Ordinance No. 2014-004, Amending Code 15.04.200
to be Consistent with DCC Chapter 1.16 regarding Fines.
Ms. Craghead said this has a maximum fine of $720, so this should be
considered with the other Ordinance.
__________________________
Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval, with the exception of the minutes of the February 26
work session, which have not yet been reviewed.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 5, 2014
Page 4 of 6
Consent Agenda Items
6. Board Signature of Document No. 2014-127, Amending a Development
Agreement between Deschutes County and Weston Investment Co., LLC
7. Board and/or County Administrator Signature of Documents related to the Sale
of Property on Bill Martin Road to Russell Stanage (Documents No. 2014-026,
129, 130 and 131)
8. Chair Signature of Document No. 2014-128, a Lease Amendment with the State
of Oregon for Space in the Deschutes Services Center
9. Board Signature of Order No. 2014-007, Reappointing David A. Pardo as
Justice of the Peace Pro Tem, through February 28, 2015
10. Board Signature of a Letter Appointing James Mariana to the Deschutes River
Recreation Homesites Special Road District #6 Board of Directors, through
December 31, 2016
11. Board Signature of Letters Reappointing Sharon Leighty and Bill Olsen to the
Deschutes County Historical Landmarks Commission, through March 31, 2018
12. Board Signature of a Letter Reappointing Brian Russell to the Fall River Estates
Special Road District Board, through December 31, 2016
13. Approval of Community Grant Awards:
Deschutes County Historical Society: $3,000
Deschutes Family Recovery, Inc.: $3,000
Advantage Smiles for Kids: $10,000
Deschutes County Healthy Beginnings: $10,000
Volunteers in Medicine Clinic of the Cascades: $10,000
American Red Cross: $5,000
Big Brothers Big Sisters of Central Oregon: $10,000
Children’s Vision Foundation: $5,000
ICON City: $2,000
Volunteers in Action: $8,000
14. Approval of Economic Development Grant:
Classroom Law Project – Mock Trial Group: $600
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 5, 2014
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15. Approval of Minutes:
Business Meetings: February 12 and 26, 2014
Work Sessions: February 12, 24 and 26, 2014
Legislative Updates: February 12 and 19, 2014
Performance Management Meeting Minutes: Clerk’s Office (February 27)
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$4,487.59.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $4,177.40.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: 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 $601,007.25.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
19. ADDITIONS TO THE AGENDA
Commissioner DeBone visited Washington DC for a week, attending meetings
with other Commissioners and participating in various committees and
addressing many topics of interest to the County.
Being no other items brought before the Board, the meeting adjourned at
10:30 a.m.
DATED this (?~ Day of m UlJ:j,-" 2014 for the
Deschutes County Board of Commissioners.
TmnQl~
ATTEST:
Alan Unger, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, March 5, 2014
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Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
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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
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, MARCH 5, 2014
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
1. PLEDGE OF ALLEGIANCE
2. 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. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when 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 official record of that hearing.
3. CONSIDERATION of Signature of Document No. 2014-126, Notice of
Intent to Award Contract Letter for Engineering Services Associated with the
Construction of Cell 6 at Knott Landfill – Timm Schimke, Solid Waste
Department
Suggested Action: Move Chair signature of Document No. 2014-126.
4. CONSIDERATION of First and Second Readings by Title Only, and
Adoption of Ordinance No. 2014-003, Amending Code to Change “Base Fine”
to “Presumptive Fine”, and Set the Maximum Fine as the Presumptive Fine and
Minimum Fine for Certain Violations – Laurie Craghead, County Counsel
Suggested Actions: Move first and second readings by title only; move adoption
of Ordinance No. 2014-003.
Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
Page 2 of 6
5. CONSIDERATION of First and Second Readings by Title Only, and
Adoption of Ordinance No. 2014-004, Amending Code 15.04.200 to be
Consistent with DCC Chapter 1.16 regarding Fines – Laurie Craghead, County
Counsel
Suggested Actions: Move first and second readings by title only; move adoption
of Ordinance No. 2014-004.
CONSENT AGENDA
6. Board Signature of Document No. 2014-127, Amending a Development
Agreement between Deschutes County and Weston Investment Co., LLC
7. Board and/or County Administrator Signature of Documents related to the
Sale of Property on Bill Martin Road to Russell Stanage (Documents No. 2014-
026, 129, 130 and 131)
8. Chair Signature of Document No. 2014-128, a Lease Amendment with the
State of Oregon for Space in the Deschutes Services Center
9. Board Signature of Order No. 2014-007, Reappointing David A. Pardo as
Justice of the Peace Pro Tem, through February 28, 2015
10. Board Signature of a Letter Appointing James Mariana to the Deschutes
River Recreation Homesites Special Road District #6 Board of Directors,
through December 31, 2016
11. Board Signature of Letters Reappointing Sharon Leighty and Bill Olsen to the
Deschutes County Historical Landmarks Commission, through March 31, 2018
12. Board Signature of a Letter Reappointing Brian Russell to the Fall River
Estates Special Road District Board, through December 31, 2016
13. Approval of Community Grant Awards:
Deschutes County Historical Society: $3,000
Deschutes Family Recovery, Inc.: $3,000
Advantage Smiles for Kids: $10,000
Deschutes County Healthy Beginnings: $10,000
Volunteers in Medicine Clinic of the Cascades: $10,000
American Red Cross: $5,000
Big Brothers Big Sisters of Central Oregon: $10,000
Children’s Vision Foundation: $5,000
Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
Page 3 of 6
ICON City: $2,000
Volunteers in Action: $8,000
14. Approval of Economic Development Grant:
Classroom Law Project – Mock Trial Group: $600
15. Approval of Minutes:
Business Meetings: February 12 and 26, 2014
Work Sessions: February 12, 24 and 26, 2014
Legislative Updates: February 12 and 19, 2014
Performance Management Meeting Minutes: Clerk’s Office (February 27)
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
19. ADDITIONS TO THE AGENDA
Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
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_________ ______________________________________
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
_________ ______________________________________
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; ORS 192.660(2) (b), personnel issues; or other executive session items.
______________________________________
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, February 28 and Saturday, March 1
8:00 – 5:00 Interviews – Health Services Director candidates
Monday, March 3
1:30 p.m. Administrative Work Session – could include executive session(s)
Wednesday, March 5
7:30 a.m. Legislative Update (Conference Call)
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, March 11
7:30 a.m. Real Estate Forecast Breakfast, at the Riverhouse
10:30 a.m. National Public Health Advisory Board Meeting – at Health Department
5:30 p.m. Joint Meeting with the City of Redmond Council, Redmond City Hall
Wednesday, March 12
7:30 a.m. (tentative) Legislative Update (Conference Call)
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
Page 5 of 6
Monday, March 17
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, March 18
8:00 a.m. Performance Management Meeting/Update – Adult Parole & Probation (at P&P)
Monday, March 24
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, March 25
1:00 p.m. Employee Benefits Advisory Committee Meeting
Wednesday, March 26
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Thursday, March 27
9:00 a.m. Performance Management Meeting/Update – Human Resources
Monday, March 31
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, April 1
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, April 2
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Board of Commissioners’ Business Meeting Agenda Wednesday, March 5, 2014
Page 6 of 6
Thursday, April 3
8:00 a.m. Joint Meeting with City of Sisters Council – Sisters City Hall
10:30 a.m. Performance Management Meeting/Update – Assessor’s Office
_________ ______________________________________
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
_________ ______________________________________