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Home My WebLink About2011-12-19 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 1 of 14 Pages 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 19, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Erik Kropp, Interim County Administrator; Ken Hales and numerous employees of Community Corrections; Tom Anderson, Peter Gutowsky, Nick Lelack and Terri Payne, Community Development; Laurie Craghead, County Counsel; Rob Poirier, 911 County Service District; Pat Davis, Sheriff’s Office; Susan Ross, Property & Facilities; Dave Inbody, Administration; Ronda Connor, Personnel; and several employees and other citizens. Chair Baney opened the meeting at 10:01 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT The Board presented Charity Hobold of Parole & Probation with a plaque recognizing her thirty years of service, acknowledging how many lives she has changed during that time. _____________________________________ Citizen Cris Converse of Sisters said she was appearing on behalf of her mother, Dorro Sokol. Ms. Sokol owns a ranch in Sisters and a rental property there as well. There is a driveway to the rental property which happens to be a right of way. The owner is Deschutes County. She spoke with County representatives and found that the other neighbor had also investigated this issue and found the situation is unclear. They have hit a roadblock on what can be done, so she hired an attorney, Liz Fancher, to figure out what to do next. Liz Fancher explained further that the investigation has already been done and feels that the adjoining properties have rights of ownership. Ms. Sokol would like to own the whole parcel, because there is a driveway there. However, they are asking that the County to quitclaim the property and have it go back to the adjacent property owners. She also feels that another $1,000 fee is unnecessary since the other party already paid that fee. Ms. Sokol is willing to purchase the property if nothing else works. Chair Baney said that she sees no problem having staff look into this further and to come back with recommendations for the Board regarding this issue. 3. DEPARTMENT PRESENTATION -Property and Facilities. Susan Ross and Deborah Cook did a PowerPoint presentation detailing the work of the Department. The two Divisions are Building Services and Property Management. There are 26 employees. Building Services takes care of all maintenance of County buildings (26 separate buildings and almost 500,000 square feet, not including the Fairgrounds, Jailor Sheriff's Office), and Property Management oversees County-owned properties. They also deal with capital improvement projects which are funded out of various funds. Upcoming projects are the Sisters School-based Health Clinic and the North County Campus in Redmond. They built out the employee clinic, and are working on the pharmacy. The card-reader system has been updated. All floor plans are being digitized. They went to a team concept for night building maintenance. Property Management's primary funding comes from the General Fund but there is funding from projects. There are fewer than three FTE in this Division. There will be a property auction in May in the hope that the economy has improved by then, after two years of no auction. The County has a rental or lease agreement with twenty-eight tenants. They received an energy grant this year, and will be using those funds for improvements in various buildings, mainly replacing lighting fixtures and improving the HV AC system in the South County Services Building. The result will be about a 40% savings in lighting costs alone. They are registered with Energy Trust of Oregon for the newer buildings and have gotten large rebate checks. They are working with the Post Office to eliminate hold-out fees for the many addresses by consolidating them. Minutes of Board of Commissioners' Business Meeting Monday, December 19,2011 Page 2 of 14 Pages Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 3 of 14 Pages Ms. Ross said that the best savings come from standardization, including furniture, paint colors, carpeting, HVAC units and lighting. The employees in her department take a lot of pride in what they do, and the Board and Administration has always been supportive. The Commissioners thanked the Department for its good work, noting that this helps all of the Departments. Staff is very accessible and knowledgeable. Erik Kropp asked about snow removal around County buildings. Ms. Ross said a webcam has been installed in Bend so the employees who deal with clearing the parking lots will know what is happening and can have the work done before the buildings open for the day. They contract this work out in La Pine. 4. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2012-001, Amending Title 2.28 of Deschutes County Code - Historical Landmarks Commission. Chair Baney read the opening statement at this time. In regard to conflicts of interest, the Commissioners had none. There were no challenges from the audience. Peter Gutowsky stated this is a housekeeping amendment which stems from activities that are occurring within the various cities. The City of Redmond has established its own Historic Landmarks Commission in order to get regular funding from the State. The City of Bend is in the same process, and La Pine has committed to doing so as well. The number of appointees on the current board would go from nine to five. Four would come from the unincorporated areas of the County and one from the City of Sisters. The Planning Commission and current Historical Landmarks Commission have all had meeting on this issue, and are supportive of the change. Commissioner Unger said the County had picked this effort up in the past to keep it going, but supports the cities doing their own process. Doug Knight, Vice Chair of the current Commission, supports bifurcation of the group. The groups have a vested interest in doing this. The current Commission is in favor of this change. Being no further testimony offered, the hearing was closed. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 4 of 14 Pages Mr. Gutowsky said in the future the Board will need to meet to discuss how to appoint new members. UNGER: Move first reading of Ordinance No. 2012-001, by title only. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. The second reading will occur no sooner than two weeks from today. Chair Baney asked Mr. Gutowsky to have a note of appreciation sent to the members, on behalf of the Board. 5. Before the Board was Discussion of the South County Plan. Terri Payne stated that the Planning Commission and the public have been involved into structuring the South County Plan. The Planning Commission approved a recommendation for the County to move forward. She, Peter Gutowsky and Nick Lelack are the lead persons involved. Mr. Gutowsky said there is an eighteen-month work plan to consider. The first eight to ten months would be used to encourage public involvement. (He referred to a handout, a copy of which is attached for reference.) They need to know the expectations and priorities of the community. The plan would eventually be adopted in the Comprehensive Plan, providing the framework for implementing land use changes in south Deschutes County. They need to work with partners in the area as well, such as Park & Recreation, the Fire District and others. They want the residents to understand what is anticipated to be achieved, and how to validate and work with the results. Ms. Payne added that they hope to get a wide variety of citizens involved, at meetings or through internet or phone interviews, and focus also on business and stakeholder meetings and with other groups that have an interest in the area. They will meet in Sunriver and La Pine at various times. The first meeting is to explain the process and project, and ask for community input as to expectations. There will be a question & answer session, also. They want to know what the community wants for its future. They will meet also with the partners, and this will be open for community interaction. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 5 of 14 Pages They will then start to identify the local resources and what should be protected, and what problems need to be addressed. The next series of meetings would be how to address any concerns. The goals and policies would follow. Today, they want to know the Board’s expectations and whether to move forward. Chair Baney indicated this is very detailed and thorough. Commissioner DeBone asked if other areas want the same thing for their communities. Ms. Payne said the unincorporated areas of Terrebonne and Tumalo have already been done, but are slightly different. The south County area is very large, with a lot of issues to address. Commissioner DeBone wants to be kept informed. He asked if the boundaries were set. Ms. Payne said that there are two areas, but they are looking primarily at the area south of Sunriver. Commissioner DeBone asked about the business aspect. Ms. Payne said most of the businesses are in that area. However, you can’t discount the businesses in Sunriver even though they are regulated differently. Mr. Gutowsky said they would reach out to the Chambers of Commerce and other groups working in the area. They need to know the expectations of the community for the next ten or twenty years. There are a lot of questions regarding Highway 97, Wickiup Junction and what can be done to coordinate those types of discussions. They want to involve the broader community. The same is true with recreational opportunities. A central theme will be integrating all of this. Crosswater and Caldera Springs and other areas influence what happens, even if controlled differently. Commissioner DeBone asked if there are any thoughts regarding working with the DEQ. Mr. Gutowsky indicated that there are policies in the Comprehensive Plan that show the DEQ is leading the process, with input from the County. It is a partnership, and DEQ and the steering committee need to be involved to give their expectations. The County has policies today on the books that show it is a priority of the County to recognize the areas with sewer potential. Commissioner DeBone said he would be interested in helping to get people to interview and to be involved in the process. Commissioner Unger stated that this is a challenge because it is high level policy but people will have specific issues. He wants to see youth involved in the process. Also, Sunriver has a process in place to redo their central core. It needs to be consistent for everyone, and people need to be able to track what is happening no matter where they are at the time. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 6 of 14 Pages Ms. Payne stated they are putting together summary sheets that will be available at each meeting, with current, accurate information. They will also provide question & answer sheets. Chair Baney asked if what is not to be in the plan will be detailed somehow. She also wants to be sure there will be easy access on the website, along with information available to people who do not have access to the internet. She asked that the Board be updated after the first public meeting. A work session in February would be helpful to find out where this is going and how well things are progressing. Commissioner Unger would like to have regular work sessions in this regard. Mr. Gutowsky said that they plan to engage the public immediately through homeowners’ association meetings as well as other public meetings. Nick Lelack explained that there is a lot of interest from stakeholder and partner groups. The major transportation issues are ODOT-related, and the high groundwater issues are primarily handled through the DEQ. Much of the area is controlled by the federal and state governments. He asked for additional copies of the League of Women Voters pamphlet detailing who represents citizens, so these can be distributed to the public.. Sunriver residents want to be involved at some level as well. This is a new approach and one that the Department hopes to use in the future, with a clear roadmap and understanding of what is happening , and with a lot of public input. Commissioner Unger likes the idea of a coordinating role through the County, supporting other agencies and partners. Erik Kropp said that the Board will be meeting with the City of La Pine and planning staff in January, and this should be an agenda item. Mr. Gutowsky added that they plan to be resourceful, but some locations that they want to use charge for the space. They have budgeted for some, but if there are additional meetings needed, funding might be an issue. Commissioner DeBone stated that they need to have the right size venue and equipment. Chair Baney said the Board will support what is found to be necessary to get the right results. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 7 of 14 Pages Before the Board was Consideration of Approval of the Consent Agenda. Commissioner DeBone indicated that he would like more time to review the minutes. UNGER: Move approval, with the removal of the minutes. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 6. Signature of Document No. 2011-715, a Satisfaction of Development Agreement with Eagle Ridge Development Co., Inc. 7. Signature of Order No. 2011-028, Officially Naming Ten Barr Ranch Road 8. Signature of Document No. 2011-644, an Agreement with Motorola Solutions for the Maintenance and Repair of Sheriff’s Office Communications Equipment 9. Signature of Document No. 2011-530, an Agreement for a Jail Management Computer System with Colossus, Inc., dba InterAct Public Safety Systems 10. Signature of Order No. 2011-029, Providing an Exclusion from One Month’s Health Benefits Premium for Participating in a Health Risk Assessment 11. Signature of Document No. 2011-693, an IGA with the Oregon Health Authority regarding Oversight of Public Water Systems 12. Signature of Document No. 2011-709, an Amendment to an IGS with the Oregon Health Authority regarding County Health Services 13. Signature of Document No. 2011-698, an IGA with the Oregon Health Authority regarding Health Services Signature of Appointment Letters: 14. Newberry Estates Special Road District Board: Reappoint Michael Waggoner through December 31, 1014 15. Lazy River Road District Board: Reappoint Dalton Miller-Jones through December 31, 2014 Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 8 of 14 Pages 16. Children & Families’ Commission Board: Accept the Resignation of Linda Cramer and Judy Trego, and Thank Them for their Service; and Appoint Patricia Kuratek, through December 31, 2015 17. Central Oregon Intergovernmental Council: Reappoint John McCloud and Chris Bellusci, through December 31, 2013 18. Deschutes County Fair Board: Reappoint Cheryl Davidson and David Bishop, through December 31, 2014 19. Behavioral Health Advisory Board: Reappoint Roger Olson and Lindsay Stevens, through December 31, 2014 20. Deschutes County Budget Committee: Reappoint Bruce Barrett, through December 31, 2014 21. Noxious Weed Board: Reappoint Spring Olson and Misha Williams, through December 31, 2013 22. Approval of Economic Development Discretionary Grant Funds: Center for Economic Research & Forecasting - $2,500 – Economic Forecast. The three Commissioners granted $500 each. NeighborImpact - $1,350 – Point in Time Court. The three Commissioners granted $450 each. St. Vincent de Paul of La Pine - $7,500 – Land Partition. The three Commissioners granted $500 each for electrical work, and will consider granting a business loan for the balance. Regarding the Boys & Girls Club of Redmond’s request for funding for their new facility, the Board granted $15,000 from lottery, non-discretionary funds, for capital improvements. The Board granted $5,000 from economic development funds to the City of Bend for the Bend Airport Master Plan. 23. Approval of Minutes: Board Meeting of December 5, 2011 Work Session of December 5 and December 14, 2011 Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 9 of 14 Pages CONVENED AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 24. Before the Board was Consideration of Signature of Resolution No. 2011- 138, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District. UNGER: Move approval of signature of Resolution No. 2011-138. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 25. Before the Board was Consideration of Signature of a Letter Reappointing Bruce Barrett to the Countywide Law Enforcement District Budget Committee, through December 31, 2014. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT 26. Before the Board was Consideration of Signature of Resolution No. 2011- 137, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District. See item #30,below. 27. Before the Board was Consideration of Signature of a Letter Reappointing Bruce Barrett to the Rural Law Enforcement District Budget Committee, through December 31, 2014. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 10 of 14 Pages UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 28. Before the Board was Consideration of Signature of Resolution No. 2011- 135, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District. UNGER: Move approval of signature of Resolution No. 2011-135. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 29. Before the Board was Consideration of Signature of Resolution No. 2011- 136, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District. UNGER: Move approval of signature of Resolution No. 2011-136. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 11 of 14 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 30. Before the Board was Consideration of Signature of Order No. 2011-027, Initiating Formation of a Deschutes County Chapter 451 Service District for Emergency Communications Services, Initiating Withdrawal of Properties Currently in the Emergency Communications Services District Formed by the Deschutes County 911 Service District, and Setting a Public Hearing. Laurie Craghead said there will be a revised Resolution that says the same thing but will just have a different signature block. The purpose is to establish a new 911 Service District, but at the same time the old Districts have to be withdrawn. The focus is to establish a taxing district to cover funding on a permanent basis at 39 cents per thousand. At a later date, the Jefferson County portion will be merged. The permanent tax rate can vary depending on the area represented. The levied amount can be less than the permanent rate. Another option is to form a new district in Jefferson County, but this is a lot more complicated. These Resolutions are required to be able to put this on the May ballot. Two public hearings are required. All entities that are a part of 911 have to be approved first. Rob Poirier added that all entities have approved this unanimously, with Cloverdale to meet tomorrow. Commissioner DeBone explained that a permanent amount of 39 cents per thousand was thought by all of the groups to be appropriate. DEBONE: Move approval of a Resolution that says the same as the other Resolutions Nos. 2011-135, 136 and 137, on behalf of the 911 County Service District. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 31. Before the Board was Consideration of Signature of a Letter Reappointing Bruce Barrett to the 9-1-1 County Service District Budget Committee, through December 31, 2014. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 12 of 14 Pages UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 32. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) in the Amount of $27,536.05. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 33. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) in the Amount of $3,456.87. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 34. Before the Board was Consideration of Signature of Order No. 2011-027, Initiating Formation of a Deschutes County Chapter 451 Service District for Emergency Communications Services, Initiating Withdrawal of Properties Currently in the Emergency Communications Services District Formed by the Deschutes County 911 Service District, and Setting a Public Hearing. Minutes of Board of Commissioners’ Business Meeting Monday, December 19, 2011 Page 13 of 14 Pages Ms. Craghead said this would be amended to show just the signature line of the Deschutes County Board of Commissioners. The hearing will be held on January 18, 2012 at 1:30 p.m. UNGER: Move approval, with this adjustment. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney wants to be sure the public is well-educated on why this change is proposed and how it will affect citizens and the various districts. The dollars may not be a big issue, but the process needs to be transparent so people understand what is being requested. 35. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) in the Amount of $1,173,700.95. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 36. ADDITIONS TO AGENDA None were offered. Being no further items to come before the Board, the meeting adjourned at 11:45 a.m. ZJ{ l.- DATED this ~~ Dayof ~ 26tt for the Deschutes County Board of Commissio s. ~ Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, December 19,2011 Page 14 of 14 Pages BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: 2" ~!ln P-«A-Date: 12/ I cr Name Cr< }5 .CoN V f R5 G-on lxfdf4 'tberw SoI:J: Address riO. ~ct3 3 S r'5+ffl--~) 0 «--q It 5 ~ Phone#s 1-15 ~2'33· 14~ 3 E-mail address (APrHI ~CON \Ie RS 6 @ GrY1aA )Coj,j D In Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? D Yes ~No If so, please give a copy to the Recording Secretary for the record. \~()L-t L t::> LA l~·""TO ":.::::::.~\.<-A ~ CR\S ~u~S BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK %. ~ . Agenda Item of Interest: l~:-h<:..et.-. ~t*=I+ Date: 1"1.-It ~ II, Name L"l".L-~cu......L~e"..- . :I .-L Address ee:++ }J Lv b V'O~'1d..6 S \ . \ 1:>~d ore ~l~D \I 7 Phone#s 54\ -sBS: --~:=J E-mail address l i L ~ 1j Z-~h ~~ L-.o~ D In Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? rs;:(Yes D No If so, please give a copy to the Recording Secre~e record. LIZ FANCf{ERJ ATTORNEY Liz Fancher Sue Stinson, Paralegal December 19,2011 BOARD OF COMMISSIONERS DESCHUTES COUNTY 1300 NW WALL STREET, SUITE 200 BEND, OR 97701 Re: Alley in Loe Brothers Town N' Country Second Addition (City of Sisters) Tax Lot 9200, Assessor's Map 15-10-09BC Commissioners: I am writing to you on behalf of Dorro Sokol regarding property that we believe was erroneously foreclosed by Deschutes County and to ask you to consider correcting the error. Mrs. Sokol would like to purchase this property from the County under the private sale approach and add it to her adjacent property but we believe that may not be possible given the history of the lot. Instead, we believe the land is a public alley. If and when the alley is vacated by the City of Sisters, State law says it will be owned by the adjoining property owners, Dorro Sokol and Eugene Spencer rather than Deschutes County. ORS 271.140. 1 Mrs. Sokol owns Lot 8, Block 6, Loe Brothers Town N' County Second Addition in Sisters, Oregon. Mrs. Sokol's lot adjoins an area designated as a "utility and road easement" on the Loe Brothers plat (Enclosures 1, 2 and 3). This easement was described by the County Assessor as a "roadway" on their Valuation of Summary of Real Property card (Enclosure 4) and, therefore, was not assessable. This roadway is the correct width and appears to have been designed to serve the function of a City of Sisters' alley. Deschutes County foreclosed on the land under the alley around 1990. After reviewing the facts of this case and the law regarding tax foreclosures and public ways, I believe that the Tax Assessor correctly identified the property as a roadway (alley) but mistakenly treated the roadway as a subdivision lot retained by the developers of the subdivision and, at some point in time, imposed taxes. As the developers retained no interest in the alley, they did not pay the taxes and the County foreclosed on the land as if it were a subdivision lot. As you can see from Enclosures 1-3, the easement is not a subdivision lot. It was not assigned a lot number and it is clearly marked as a utility and road easement and shown in much the same way as the subdivision roads. I State law applies because the Sisters City Charter does not prescribe rules for street vacations. ORS 271.170. 644 NW BROADWAY STREET· BEND, OREGON • 97701 PHONE: 541-385-3067 • FAX: 541-385-3076 -2 State law provides that roads and alleys shown on plats, absent a reservation of rights by a developer, are dedicated to the public. Schooling v. City of Harrisburg, 42 Or 494, 71 P 605 (1903). It is our understanding that the alley was created to provide access to the irrigation ditch shown on the plat at the edge of the easement and on Lots 6 and 7, Block 6 of the Loe Brothers subdivision. We agree with the Tax Assessor's conclusion that the area is a roadway as noted by Enclosure 4. We believe, however, that like subdivision streets, the land under the alley is not a separate unit of land that can be foreclosed or sold as such. Public roads are not separately subject to taxation or foreclosure by the County. Road right-of-way is, generally, exempt from taxation. Any value that exists in the land under the roadway should be attributed to the adjoining lots as those lots, not the subdivider, own the land under the road when the road is vacated. As a public road right-of-way, the City of Sisters has the right to control the use and development of the alley. It has the right to charge franchise fees for the use of the land by utility companies. ORS 271.140 says that if and when the alley right-of-way is vacated, the ownership of the land will revert to the adjoining property owners, not to Deschutes County. Tax Lot 9200, after foreclosure, may actually consist of two narrow units of land because the extremely limited ownership rights of the land were held by the adjoining lot owners, not the developer. The foreclosure partitioned each strip of land from the adjoining property without obtaining City of Sisters' partition approval as required by ORS Chapter 92 and City law. Mrs. Sokol asks that the County Board of Commissioners to consider the following ways to address and resolve this issue: 1. Quitclaim the land under the alley, in equal parts, back to the owners of the adjacent lots (Sokol and Spencer). This would return the land under the roadway/alley to its proper owners, subject to the City of Sisters roadway rights in the land. 2. Quitclaim the land to the adjoining owners upon payment to the County by Mrs. Sokol of an amount set by the County Board under the private sale provisions of State law not to exceed $1000 without requiring Mrs. Sokol to pay a $1000 fee for the County to research the issue. Mr. Spencer has already paid a $1000.00 fee for the County to investigate whether Tax Lot 9200 can be sold and we believe that the issue has already been studied by County staff. We believe that Mr. Spencer learned that the alley property was subject to a utility and road easement that gives the City of Sisters the right to control use of the alley and, therefore, chose not to purchase the property. Also, we believe that land platted as a public alley is of a very low value of less than $} 000.00. 3. If neither of the above solutions is acceptable to the County, Mrs. Sokol requests permission to purchase the land from the County by private sale. We do not -3 recommend this approach, however, as we believe that the land is not a legal lot of record and this will conflict with ORS 271.140 and create uncertainty about the actual ownership of the land if and when vacated by the City of Sisters. If the roadway is vacated, it will be unclear whether the land is owned, in its entirety, by Mrs. Sokol or is owned, 50-50, by Mrs. Sokol and the owner of the neighboring property, Eugene Spencer. Mrs. Sokol has enclosed a letter from the City of Sisters showing that the land is not buildable, as required by the County's private sale policy (Enclosure 5). As the $1000.00 research fee was paid and the matter has been researched, another fee of like amount has not been paid. If you determine that the County should be paid $2000.00 for this work, please advise me of that fact and I will arrange for payment of the fee. I have attached a written summary of the facts and law regarding the foreclosure of Tax Lot 9200 for consideration by you and your legal counsel (Enclosure 6). Thank you, in advance, for your consideration of Mrs. Sokol's request. Very truly yours, Liz Fancher Attorney at Law cc: Teresa Rozic, Property Specialist, Deschutes County Laurie Craghead, Assistant Legal Counsel, Deschutes County z 0 z 0j:. 0 B III ~ I: 0 ~ 0 a 1&1 Z 0 II: 1&10 IIz >'0 ... !If .~ Z I:;:) 0 0 u· ,. 1/1 ~ >1&1 I: Ir ... :;)::')II. ,-:r VI 0 z u 0 ... 0 13 z c( 0 c( ..J ..J Q. 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IRa", 9·69) VALUATION SUMMARY OF REAL Total Acres 40 100 , 'lOa 151009 8C09aOO 100 001 00-01 151009 0.00 -, ' .~ ,I. . t009' Ie. Q.~mo . '>0 Assessed Values o o UL o Mkt. Val:} of Land r Mkt. val.} 01 Land . I'Mkt. Val. of Land M1<t. VaL}. of Land Mkt. VaL}' of Land Mkt. Val. I' 01 Land J o ENCLOSURE 4 CITY OF SISTERS November 8, 2011 Deschutes County Atten: Property Specialist Teresa Rozic 14 NW Kearney Street Bend, OR 97701 Re: Property Inquiry -Tax Lot TIS, RIO, Section 09BC, tax lot 9200 Dear Ms. Rozic, I've been asked by the owner of tax lot TI5 RIO Section 09BC, tax lot 9100 (lot 7) to determine whether the abutting adjacent tax lot 9200 represents a buildable lot. Please see snapshot below. 9000 --N I've reviewed the Subdivision Plat for Loe's Addition that the inquirer provided, and confirmed the accuracy of the hard copy of the plat by accessing the recorded subdivision on the County Surveyor's web site. My conclusions oftax lot 9200 are as follows; 1. The property is located within the Sisters City Limits. 520 E. Cascade Avenue PO Box 39 -Sisters, OR 97759 Ph: 541-549-6022/Fax: 541-549-0561 www.ci.sisters.or.us The City of Sisters is an equal opportunity employer. ENCLOSURES 2. I do not have enough information to tell whether this is a legal lot of record. It is not a platted, numbered subdivision lot. 3. In its present configuration, the width ofthe property varies from 12.29' to 16.00'. 4. The minimum side yard setbacks in this zoning district are 5.00'. 5. The 'buildable area' would be just over 2 feet wide at its narrowest, obviously too small for any type of residential use. 6. Based on the information provided to me, my conclusion is that, regardless of whether this is a legal lot of record, it is unbuildable in its present configuration. The recorded plat shows this area as a public road easement. This land very likely met the right of way width for an alley in Sisters based on the recording date of 1970, when this section of Loe's Addition was platted as the minimum alley width in 1998 was 12 feet. Please don't hesitate to call me at (541) 323-5219 if you have questions about this letter or wish to discuss it. Respectfull y, 7Jf~ Eric Porter Principal Planner City of Sisters Cc: Liz Fancher, LLP Dorro Sokol Cris Converse File OUTLINE OF ISSUES AND FACTS RE THE CREATION AND FORECLOSURE OF TAX LOT 9200 Summary of Facts County records show that Deschutes County created Tax Lot 9200 around the time the Loe Brothers Town N' County Second Addition subdivision was platted. It listed Roy F. Loe, et al as owners on the Assessor's "Valuation Summary of Real Property" card, Enclosure 4. At some point in time, it appears that the listing was crossed out and, we assume, a notation of "Roadway" was added. We believe the "roadway" designation is correct and reflects the fact that Tax Lot 9200 is a dedicated right-of-way that met City of Sisters' alley standards. The alley provided access to a canal that crosses subdivision lots to land formerly owned by the US Forest Service (now owned by Mrs. Sokol). The Loe Brothers plat shows that Tax Lot 9200 was not a platted lot as all platted lots are numbered. Instead, the roadway is marked "Utility & Road Easement." The plat says it dedicates "to the use of the public as public ways forever all streets shown on the said plat." We believe this includes the roadway/alley as alleys are typically viewed as a type of street. The areas we believe are "streets" are designated: "Black Crater," "Sisters View," "Oak Street," "Pine Street," "St. Helens Street" and "Utility and Road Easement." As you can see, the term "street" is not used in the name of each but it is clear that the area in question is a dedicated, public right-of-way. Summary of Legal Issues A. Units of Land Created by Subdivisions In a "standard" subdivision, like the Loe Brothers subdivision, the units of land created by the plat are lots or public ways. Lots must be numbered and identified as such to be sold or transferred to third parties. See, ORS Chapter 92. The land under streets is not a lot and is not available for sale. Instead, it is appurtenant to and serves adjoining lots. Tax Lot 9200 was not platted as a lot. As a result, it cannot be sold as a separate, subdivision lot. Rather, it is a public roadway. The land under the road is not available for sale. When vacated, the land under public right-of-way does not become a separate, standalone lot. Rather, it becomes a part of adjoining lots by operation of law. ORS 271.140. State law does not give a subdivider a property interest in the land under the right-of-way so the subdivider should not have been asked to pay taxes on the land and the property should not have been foreclosed. As Tax Lot 9200 is not a lawfully created separate lot, Deschutes County cannot lawfully sell the area under the road as a separate unit of land. B. State Case Law re Roadway Dedications State case law provides that a plat that shows streets without any written dedication of the streets to the public creates a common law dedication to the public of all subdivision streets shown on the plat. In this case, the alley area was shown as a road easement within the area being Page 1 of2 -Outline ofIssues and Facts (Sokol/Tax Lot 9200) ENCLOSURE 6 subdivided. Even ifthe language of dedication on the plat is not viewed as specifically dedicating the alleylroad easement to the public, the area was dedicated for use by the public by common law dedication. Schooling v. City ofHarrisburg, 42 Or 494, 71 P 605 (1903). C. ORS 92.016 and 92.025 As Tax Lot 9200 is not a platted lot it cannot be sold as a legally created lot. Also, we believe that the area cannot be lawfully partitioned or subdivided in compliance with City of Sisters' land use laws given its small size and the fact that half of the tax lot was illegally divided off of the adjoining properties by the County foreclosure. ORS 92.016 and 92.025 prohibit the sale of Tax Lot 9200 as a separate unit of land unless it has been properly created as a separate, legal lot by a City of Sisters partition or subdivision approval. D. ORS 92.090 (2)(b) and (3)(b) State law says that if a subdivider wishes to retain ownership of land under a street or alley, he must clearly state that the area is a private street or alley and must obtain city approval of private streets on the subdivision plat. ORS 92.090 (2)(b) and (3)(b). The subdividers of the Loes Brothers subdivision did not show the alley as a private road and did not expressly reserve ownership of the land under the alley for themselves. As a result, the subdividers had no property interest in Tax Lot 9200 and taxes should not have been assessed. E. Statute of Limitations on Foreclosure A two-year statute of limitations applies to tax foreclosures. The statute does not apply, however, when a county has foreclosed public property and such foreclosures are void as being against the public interest. Chizek v. Port ofNewport, 252 Or 570, 450 P2d 749 (1969)(a prior tax Hen against public property cannot be foreclosed to satisfy a tax lien if the property is owned by a public entity). While a local government does not own fee title to land under a public road, it has the preeminent right to make use of that land, to grant licenses to use the land within the right-of way and to vacate the road and to determine who owns the land under the roadway. It is clear that the road right-of-way itself cannot be foreclosed. Crawford v. Senosky, 128 Or 229,274 P 306 (1929) as discussed in Westwood Homeowners Association, Inc. v. Lane County, 318 Or 146 864 P2d 350 (1993). This means that the City of Sisters retains the rights it is given under State law to control the right-of-way and to direct how land under the road will be owned when the right-of-way is vacated. ORS 271.140 requires the City to divide the land under the alley between the adjoining owners if the land is vacated. We believe that this right, like all other rights the City holds in the easement, may survive foreclosure and cloud title to Tax Lot 9200. r Page 2 of2 -Outline ofIssues and Facts (Sokol/Tax Lot 9200) i PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARING BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Historical Preservation and Historical Landmarks Public Hearing December 1 2011 This is a public hearing on Ordinance 2012-001, File Number TA-11-5. Initiated by Deschutes County, the proposal amends the Deschutes County Code, DCC Chapter 2.28, Historical Preservation and Historical Landmarks Commission. The amendments restructure the number of appointed Historical Landmarks Commissioners from nine to five and grant the Board the authority to make four of those appointments. The City of Sisters would appoint the fifth. The Board will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Board may make a decision on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the Commission with a copy of written testimony. Questions to and from the chair may be entertained at any time at the chair's discretion. Cross-examination of people testifying will not be allowed. However, if any person wishes to ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any Commissioner for conflict of interest. This challenge must be documented with specific reasons supported by facts. I Should any Commissioner be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and I decide this issue. At this time, do any members of the Commission need to set forth any information that may be perceived as a conflict of interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). STAFF REPORT South County Outreach Estimated Costs The Public Outreach Plan contains a list of scheduled public meetings, themes, dates, and location options designed to maximize public input. This list is in addition to staffs participation in neighborhood and organizational (e.g., Upper Deschutes River Coalition, Citizen Action Group, La Pine Chamber of Commerce) meetings, stakeholder interviews and focus groups. Conducting a robust public process for a project of this magnitude requires staff time and meeting room/facility funds. Planned Community Meetings January • 2 meetings, same format - 1 La Pine, 1 Sunriver • Theme: South County's Future • Topics: Project/process/expectations, preferred future, identify frequently asked questions February • 1 meeting La Pine • Theme: Partnerships • Topics: An open house with other agencies/jurisdictions, answers to frequently asked questions March • 2 meetings, same format - 1 La Pine, 1 Sunriver • Theme: Resources and Issues • Topics: Identify resources to protect and issues to address May • 2 meetings, same format - 1 La Pine, 1 Sunriver • Theme: Solutions • Topics: Identify potential methods to protect resources/assets and address issues July • 2 meetings, same format - 1 La Pine, 1 Sunriver • Theme: Solutions Refined • Topic: Review and refine draft goals and policies Meeting Room Costs • Sunriver Library: No cost, but limited to 80-85 people, which should be fine for most meetings • La Pine Senior Center: $35/hour • Three Rivers Middle School Otter Hall: $30/hour + $20 scheduling fee • La Pine High School Commons: $40/hour + $20 scheduling fee • Schools: if over 50 people also custodial fee and facility fee, refunded if fewer than 50 people attend Community Meeting Cost Alternatives Mostly in schools -cost estimate $2,124.50 (large, flexible spaces that can accommodate all types of meeting formats, ample parking) Primarily use the Senior Center and Sunriver Library for meetings -cost estimate $1,280.50 Don't duplicate the meetings, alternate La Pine and Sunriver -cost estimate $1,249 Other Potential Cost Estimates Postcard mailing to 11,500 households -$1,947 Frontier Days Booth -$150-200 2 hours 7:45 2 hours x $35 $ 70 i 2 hours x $30 $ 60 i 1 meetin x $20 $ 20 i ~~~-=---~~-----------------~x~$~1-13--~--~$~1~13~1 x $38 $ 38 $301 3 hours x $40 $120 . 1 meetin x $20 $ 20 1 meetin x $188 $188 . 1 meetin x $38 $ 38 $366 --------------------------------~----~~----~--~--~ March meetings 6-8 (arrive 5:45 out by 8:15) 2.5 hours March 20 Three Rivers Otter Hall 2.5 hours x $30 $ 75 March 21 La Pine High School Commons 2.5 hours x $40 $100 School scheduling fees 2 meetings x $20 $ 40 School facility fees 1-2 hours 2 meetings x $113 $226 School custodial fee 2 meetings x $38 $ 76 $517 May meetings 6-8 (arrive 5:45 out by 8:15) 2.5 hours May 22 La Pine High School Commons 2.5 hours x $40 $100 May 23 Three Rivers Otter Hall 2.5 hours x $30 $ 75 School scheduling fees 2 meetings x $20 $40 School facility fees 1-2 hours 2 meetings x $113 $226 i School custodial fee 2 meetings x $38 $ 76 $517 July meetings 6-8 (arrive 5:45 out by 8:15) 2.5 hours July 24 La Pine Senior Center 2.5 hours x $35 $ 87.50 July 25 Three Rivers Otter Hall 2.5 hours x $30 $75 • School schedulin~ fee 1 meeting x $20 $20 . School facility fees 1-2 hours 1 meeting x $113 $113 School custodial fee 1 meeting x $38 $ 38 $333.50 Cookies: 9 meetings @ $10/meeting $90 Total estimated costs of $2,124.50 Facility fees may round up and charge 3-4 hour fee for 2.5 hour meeting Option 1: Use the Senior Center and Sunriver Library for more meetings January meetings 6-7:30 (arrive 5:45 out by 7:45) 2 hours I Jan 24 La Pine Senior Center 2 hours x $35 $ 70 I i'-J_a_n_2_5_S_u_n_riv_e_r_L_ib_ra_lry-L.-_______--'-_2_h_o_ur_s_x_$'-O___L--_---=-$--'O--'I $70 February meeting 5:30-8 (arrive 5:00 out by 8:00) 3 hours I February 21 La Pine High School Commons 3 hours x $40 $120 ; : School scheduling fee 1 meeting x $20 $ 20 I ! School facility fees 3-4 hours 1 meeting x $188 $188 I I School custodial fee 1 meeting x $38 $ 38J $366 March meetings 6-8 (arrive 5:45 out by 8:15) 2.5 hours March 20 Three Rivers Otter Hall 2.5 hours x $30 $ 75 I March 21 La Pine Senior Center 2.5 hours x $35 $87.50 : School scheduling fees 1 meeting x $20 $ 20 School facil!!;t fees 1-2 hours 1 meeting x $113 $113 . School custodial fee 1 meeting x $38 $ 38 $333.50 May meetings 6-8Jarrive 5:45 out by 8:15) 2.5 hours May 22 La Pine Senior Center 2.5 hours x $35 $87.50 I May 23 Three Rivers Otter Hall 2.5 hours x $30 $ 75 School scheduling fees 1 meeting x $20 $ 20 School facility fees 1-2 hours 1 meetinJ} x $113 $113 School custodial fee 1 meeting x $38 $ 38 $333.50 July meetings 6-8{arrive 5:45 out by 8:15) 2.5 hours I July 24 La Pine Senior Center 2.5 hours x $35 I July 25 Sunriver Library 2.5 hours x $0 $ 87.50 $0 $87.50 Cookies: 9 meetings @ $10/meeting $90 Total estimated costs of $1 ,280.50 Facility fees may round up and charge 3-4 hour fee for 2.5 hour meeting $ 70 $70 February meeting 5:30-8 (arrive 5:00 out by 8:00) 3 hours February 21 La Pine High School Commons 3 hours x $40 $120 School scheduling fee 1 meeting x $20 $ 20 School facility fees 3-4 hours 1 meeting x $188 $188 School custodial fee 1 meeting x $38 $ 38 $366 March meeting 6-8 (arrive 5:45 out by 8:15) 2.5 hours March 20 Three Rivers Otter Hall 2.5 hours x $30 $ 751 School scheduling fees 1 meeting x $20 $ 20! • School facility fees 1-2 hours 1 meeting x $113 $113 i School custodial fee 1 meeting x $38 $ 381 $246 May meeting 6-8 (arrive 5:45 out by 8:15) 2.5 hours May 22 La Pine High School Commons 2.5 hours x $40 $100 School scheduling fees 1 meeting x $20 $ 20 School facility fees 1-2 hours 1 meeting x $113 $113 School custodial fee 1 meeting x $38 $38 $271 July meeting 6-8 (arrive 5:45 out by 8:15) 2.5 hours July 25 Three Rivers Otter Hall 2.5 hours x $30 $75 School scheduling fee 1 meeting x $20 $20 School facility fees 1-2 hours 1 meeting x $113 $113 • School custodial fee 1 meeting x $38 $ 38 I $246 Cookies: 5 meetings @ $10/meeting $50 Total estimated costs of $1,249 Facility fees may round up and charge 3-4 hour fee for 2.5 hour meeting Work Session Board Approves 18-Month Work Program January Theme: South County Future Project Introduction / Discuss Expectations & Vision of the Area Two Kick-off Meetings on January 24 & 25 February May July Nov 2012 to June 2013 March Planning CommissionTheme: Work SessionsPartnerships Theme: Assets Reviews draftCommunity & and Issues South County Agency Guest Evaluate Draft Discuss Policies PlanDiscuss Existing Goals and Speakers / AddressingConditions &Planning Policies . Assets & IssuesCommunity Priorities Stations ?':Hi:· :tNJNi!~;i :k:;: Open House on Two Public Two Public TBD TBD TBD February 21 Meetings on Meetings on March 20&21 May22&23 See reverse side for meeting times and locations 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 19, 2011 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 ofa public hearing will NOT be included in the official record ofthat hearing. 3. DEPARTMENT PRESENTATION -Property and Facilities -Susan Ross 1 4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2012-001, Amending Title 2.28 of Deschutes County Code -Historical Landmarks Commission -Peter Gutowsky, Community Development Recommended Action: Move first reading ofOrdinance No. 2012-001, by Title Only. Consideration ofsecond reading and adoption will occur no sooner than two weeks from the first reading. 1 5. DISCUSSION of the South County Plan -Terri Payne, Community 1 Development1 i 1 Board of Commissioners' Business Meeting Agenda Monday, December 19, 2011 Page 1 of9 Pages j CONSENT AGENDA 6. Signature of Document No. 2011-715, a Satisfaction of Development Agreement with Eagle Ridge Development Co., Inc. 7. Signature of Order No. 2011-028, Officially Naming Ten Barr Ranch Road 8. Signature of Document No. 2011-644, an Agreement with Motorola Solutions for the Maintenance and Repair of Sheriffs Office Communications Equipment 9. Signature of Document No. 2011-530, an Agreement for a Jail Management Computer System with Colossus, Inc., dba InterAct Public Safety Systems 10. Signature of Order No. 2011-029, Providing an Exclusion from One Month's Health Benefits Premium for Participating in a Health Risk Assessment 11. Signature of Document No. 2011-693, an IGA with the Oregon Health Authority regarding Oversight of Public Water Systems 12. Signature of Document No. 2011-709, an Amendment to an IGS with the Oregon Health Authority regarding County Health Services 13. Signature of Document No. 2011-698, an IGA with the Oregon Health Authority regarding Health Services Signature of Appointment Letters: 14. Newberry Estates Special Road District Board: Reappoint Michael Waggoner through December 31, 1014 15. Lazy River Road District Board: Reappoint Dalton Miller-Jones through December 31, 2014 16. Children & Families' Commission Board: Accept the Resignation of Linda Cramer and Judy Trego, and Thank Them for their Service; and Appoint Patricia Kuratek, through December 31, 2015 17. Central Oregon Intergovernmental Council: Reappoint John McCloud and Chris Bellusci, through December 31, 2013 ~ 18. Deschutes County Fair Board: Reappoint Cheryl Davidson and David Bishop, through December 31, 2014 19. Behavioral Health Advisory Board: Reappoint Roger Olson and Lindsay Stevens, through December 31, 2014 Board of Commissioners' Business Meeting Agenda Monday, December 19,2011 Page 2 of 9 Pages I 20. Deschutes County Budget Committee: Reappoint Bruce Barrett, through December 31,2014 21. Noxious Weed Board: Reappoint Spring Olson and Misha Williams, through December 31,2013 22. Approval of Economic Development Discretionary Grant Funds: • Center for Economic Research & Forecasting -$2,500 -Economic Forecast. The three Commissioners granted $500 each. • Neighborlmpact -$1,350 -Point in Time Court. The three Commissioners granted $450 each. • St. Vincent de Paul ofLa Pine -$7,500 -Land Partition. The three Commissioners granted $500 each for electrical work, and will consider granting a business loan for the balance. • Regarding the Boys & Girls Club ofRedmond's request for funding for their new facility, the Board granted $15,000 from lottery, non-discretionary funds, for capital improvements. • The Board granted $5,000 from economic development funds to the City of Bend for the Bend Airport Master Plan. 23. Approval of Minutes: • Board Meeting of December 5, 2011 • Work Session of December 5 and December 14,2011 CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 24. CONSIDERATION of Signature of Resolution No. 2011-138, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District -Laurie Craghead, County Counsel Recommended Action: Move Board signature ofResolution No. 2011-138. 25. CONSIDERATION of Signature ofa Letter Reappointing Bruce Barrett to the Countywide Law Enforcement District Budget Committee, through December 31, 2014 Recommended Action: Move signature ofthis letter. Board of Commissioners' Business Meeting Agenda Monday, December 19,2011 Page 3 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT 26. CONSIDERATION of Signature of Resolution No. 2011-137, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District -Laurie Craghead, County Counsel Recommended Action: Move Board signature ofResolution No. 2011-137. 27. CONSIDERATION of Signature ofa Letter Reappointing Bruce Barrett to the Rural Law Enforcement District Budget Committee, through December 31, 2014 Recommended Action: Move signature ofthis letter. CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 28. CONSIDERATION of Signature of Resolution No. 2011-135, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District -Laurie Craghead, County Counsel Recommended Action: Move Board signature ofResolution No. 2011-135. CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 29. CONSIDERATION of Signature of Resolution No. 2011-136, Approving the Formation of a New Countywide 911 Service District (the Deschutes 911 County Service District), and the Withdrawal of Territory from the Existing Deschutes County 911 Service District, upon Voter Approval of the New District -Laurie Craghead, County Counsel Recommended Action: Move Board signature ofResolution No. 2011-136. Board of Commissioners' Business Meeting Agenda Monday, December 19,2011 Page 4 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 30. CONSIDERATION of Signature of Order No. 2011-027, Initiating Formation of a Deschutes County Chapter 451 Service District for Emergency Communications Services, Initiating Withdrawal of Properties Currently in the Emergency Communications Services District Formed by the Deschutes County 911 Service District, and Setting a Public Hearing -Laurie Craghead, County Counsel RecommendedAction: Move Board signature o/Order No. 2011-027. 31. CONSIDERATION of Signature of a Letter Reappointing Bruce Barrett to the 9-1-1 County Service District Budget Committee, through December 31, 2014 Recommended Action: Move signature 0/this letter. 32. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 33. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District (two weeks) RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 34. CONSIDERATION of Signature of Order No. 2011-027, Initiating Formation of a Deschutes County Chapter 451 Service District for Emergency Communications Services, Initiating Withdrawal of Properties Currently in the Emergency Communications Services District Formed by the Deschutes County 911 Service District, and Setting a Public Hearing -Laurie Craghead, County Counsel Recommended Action: Move Board signature o/Order No. 2011-027. f Board of Commissioners' Business Meeting Agenda Monday, December 19,2011 Page 5 of 9 Pages I 35. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) 36. ADDITIONS TO AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to DRS 192.660(2) (e), real property negotiations; DRS 192.660(2) (h), litigation; DRS 192.660(2}(d), labor negotiations; or DRS 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 TrY. 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.1fyou have questions regarding a meeting, please call 388-6572.) Monday, December 19 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) 4:00p.m. Regular Department Heads Meeting Thursday, December 22 1:30 p.m. Board Work Session 2:00 p.m. (I'ime approximate) Executive Session, under ORS 192.660(2)(a) to consider the employment of a public officer, employee, staff or agent Monday, December 26 Most County Offices will be closed to observe Christmas Board of Commissioners' Business Meeting Agenda Monday, December 19, 2011 Page 6 of 9 Pages Thursday, December 29 2:30 p.m. Retirement Gathering for Judge Tiktin -Justice Center Monday, January 2 Most County Offices will be closed to observe New Year's Day Wednesday, January 4 10:00 am. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Thursday, January 5 8:00 am. Regular Meeting with the Sisters City Council, at Sisters City Hall 1 :30 p.m. Budget Committee Meeting -Overview and Update Wednesday, January 11 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. - Administrative Work ~ession -could include executive session(s) Thursday, January 12 7:00 a.m. Regular Meeting with the City of Redmond Council, at Redmond City Council Chambers Monday, January 16 Most County Offices will be closed to observe Martin Luther King, Jr. Day Monday, January 23 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Wednesday, January 25 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 19,2011 Page 7 of9 Pages Monday, January 30 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session could include executive session(s) Wednesday, February 1 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Thursday, February 2 & Friday, February 3 All Day (Tentative) County Administrator Interviews Monday, February 6 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, February 8 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Monday, February 20 Most County Offices will be closed to observe Presidents' Day Wednesday, February 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, February 27 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Wednesday, February 29 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 19,2011 Page 8 of9 Pages Monday, March 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, March 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session-could include executive session(s) Thursday, March 8 7:00 a.m. Regular Meeting with the City of Redmond Council, at Redmond City Council Chambers Wednesday, March 14 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, March 19 . . 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, March 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, March 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 1-1-1 to access the state transfer relay service for nY. Please cal.l (541) 388-6511 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, December 19,2011 Page 9 of 9 Pages