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HomeMy WebLinkAbout2008-02-13 Business Meeting MinutestES L 0 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, JANUARY 28, 2008 Redmond High School Auditorium Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Larry Blanton, Sue Brewster, Jon Sholes and Michele Goodin, Sheriff's Office; Tom Anderson, Paul Blikstad and Anthony Raguine, Community Development; Timm Schimke, Solid Waste Department; Tom Blust, Road Department; Becky McDonald, 9 -1 -1; Mark Pilliod and Laurie Craghead, Legal Counsel; Teresa Rozic, Property Management; Ronda Connor, Personnel; Dan Peddycord, Health Department; Connie Thomas, Administration; and Joe Stutler, Forester. Also in attendance were Ron Roberts, Redmond Police Chief, Andy Jordan, retiring Bend Police Chief, Ken Moore of Rural Fire Protection District No. 2; media representative Hillary Borrud of The Bulletin; and approximately 75 students, faculty and other citizens. Commissioner Luke had County personnel and others introduce themselves and then opened the discussion for questions and answers from the audience. A student asked about mass transit in Redmond and whether the County is involved. Commissioner Luke replied that within the City, transportation is the responsibility of the City, but the Central Oregon Intergovernmental Council, the County and other groups are looking at ways to tie the systems together and partner in the overall transit issue. Student Alex Fitch asked about the Commissioners' position on home rule, and why. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 1 of 12 Pages Commissioner Melton replied that there are nine counties with home rule; Deschutes County is a general law county. A charter is a menu and the county can choose how to operate. She said she used to think that there were merits to home rule, but it also has negative aspects. She has discovered that part-time Commissioners will not work for the County; it is growing too fast and is too large for that. The Commissioners need to know what is happening in departments, have common goals and address needs in an organized fashion. Although the positions are partisan, most of the work the Commissioners do is non - partisan in nature. Commissioner Daly agreed. He added that since Deschutes County is growing and changing so quickly, he can't imagine doing his work on a part -time basis. Most other counties have the same issues. The Commissioners also need to be available to the public. Commissioner Luke also agreed that it would be hard to handle the business of the County otherwise. There is a County Administrator to handle the normal day to day business. A student asked Commissioner Daly about the upcoming election, and why he should vote for Commissioner Daly. Commissioner Daly gave a brief overview of his history in the area and his life experiences. The student asked if anyone is running against him. At this time Commissioner Luke pointed out that this is not the proper place or time to answer questions regarding running for office. A student asked whether the Commissioners would support a bond issue for Redmond schools in order to provide a second high school. Commissioner Melton replied that the County has no jurisdiction but feels education is a top priority. Redmond has needed a second high school for a long time, and students can receive a better education if class size is reduced. She suggested that the students make their voice heard to let people know what overcrowding means to them. Commissioner Daly agreed that the school has been overcrowded for years and supports the idea of an additional school. Commissioner Luke added that it is a difficult situation, and schools can never seem to keep up with the need. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 2 of 12 Pages A student asked about land use laws and whether the Commissioners are concerned about a resort going in at Smith Rock. Commissioner Luke asked if this was specifically about a Measure 37 claim; if so, those are now being decided in court. The destination resort proposed for Smith Rock in 1993 was vetoed by the Governor. The Ranch of the Canyons resulted and probably nothing else will occur. A destination resort requires at least 160 acres that are already mapped for that purpose. Commissioner Daly pointed out that the Ranch of the Canyons is now a gated, private community, but a destination resort would have been open to the public. A question was asked about Bend becoming a legislative district of its own. Commissioner Luke said that representation is computed by population, and this would be decided by the Secretary of State. Redistricting is political. A student asked with the rising crime rate, how can the Sheriff be supported without raising taxes. Sheriff Blanton said that for nearly thirty years the department had to go out every few years and ask for funds to keep operating. The voters passed the levies last year to provide stable funding and allow for planning for the future. It costs about $30 million a year to run the department. With as fast as the County has grown, public safety is important. A student asked what the most important issue is facing Deschutes County right now. Commissioner Melton added that when the economy is down, needs are greater and money is hard to come by. The big ticket item coming up is the jail expansion. Commissioner Daly said that the south County groundwater issue has been on their minds for several years. The DEQ has indicated that there is a potential public health problem and it will take a lot of money to fix it. Commissioner Luke stated that a big challenge is maintaining a quality of life for those who are already here and those who want to come here. A question was asked about what programs may be cut back. Commissioner Melton replied that fees come in to help departments run, such as Community Development and the Clerk. Community Development may not be able to fill vacant positions. Some counties are doing major layoffs, but Deschutes County has been very careful and funds programs that have been shown to work. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 3 of 12 Pages Commissioner Daly agreed. In the early 1980's, building was at a standstill and departments cut back to three or four days a week. Commissioner Luke pointed out that cities and counties provide some of the same services, such as roads, but the County provides social services. Crime goes up when more people are unemployed, putting a greater demand on social services and law enforcement. The County may end up using up some of its reserves, and it is up to the Commissioners to decide how to use these funds. A citizen asked about the cost of a sewer system. Commissioner Melton said that South County has some options to examine, such as various sewer systems, septic systems or sewer districts. There are a lot of variables. Grant funds are available and the intent is to place as small a burden as possible on the citizens. Commissioner Daly added that there will still be some cost to the citizens as the available grant funds can't cover it all. At 10:05 a.m. Chair Luke called the formal Board meeting to order. 1. Before the Board was Citizen Input. None other was offered. 2. Before the Board was Consideration of Signature of Order No. 2008 -010, Regarding the Sale of Certain County -owned Real Property. Teresa Rozic explained that there are 18 parcels for sale in the upcoming auction, and all but three are those that were obtained due to non - payment of taxes. Many of the parcels are located in South County, and all are bare land. This is the third auction in the past two years; previously there had not been an auction for about six years. DALY: Move approval. MELTON: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 4 of 12 Pages 3. Before the Board was Consideration of Signature of Resolution No. 2008- 017, Declaring Findings in Support of Sole Source Procurement for Phase IV of the 800 MHz Sheriff's Radio Communications System. Sheriff Blanton stated that this is a sole source procurement for an addition to existing equipment and Motorola is the only provider available for this equipment. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2008 -015, Rejecting All Proposals and Authorizing Reissuance of a Request for Proposals for Household Hazardous Waste Services. Timm Schimke provided an overview of the item. He said that an error had been made in the cost configuration, possibly changing the accuracy of the previous award. He recommended that all proposals be rejected and the process be done again, as allowed by Oregon Revised Statute. The solicitation documents will be changed accordingly. This will benefit the County, and he wants to maintain good relations with both companies. DALY: Move approval. MELTON: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2008- 085, a Grant Agreement for Recycling and Waste Prevention Education and Promotion Services with ReSource. Mr. Schimke gave a brief presentation of the recycling programs and education efforts. He said that ReSource (previously Bend Recycling Team) has handled these in the past and are highly regarded by the State. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 5 of 12 Pages They wish to combine two programs into one. Competitive bidding has been tried in the past without success; at the end of this grant period it will be attempted again. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Contracts for Fuels Treatment through Qualified Pool Retainer Agreements. Joe Stutler provided a brief overview of the item. There were 24 bidders for twelve areas of the County, and fifteen different service items. Six grants are involved at a total of about $1.5 million in funding. Dave Kanner said that he is concerned regarding the retainer agreements and which contractor gets the service agreement; he suggested the notice of intent be approved subject to Administrator review. Mr. Stutler explained that the fifteen service items have a proposed cost per acre on each. He came up with an average cost of treating fuels in Central Oregon. If the bidders were within that range, they made it to the qualifying pool. The cost would have been higher if it had been done differently. He is also competing for additional grant funds as they need to keep coming to keep the program running. MELTON: Move Chair signature, subject to Administrator review. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Board Signature of Documents No. 2008 -065 through 084, Retainer Agreements for Fuels Treatment. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 6 of 12 Pages Mark Pilliod said that the retainer agreements are effective until the appeal period is over. LUKE: Move approval, subject to no appeal being received. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Document No. 2008- 063, a Development agreement between Deschutes County, the City of Bend and Arrowood Tetherow, LLC, Acknowledging Completion of Transportation Mitigation related to the Tetherow Destination Resort. Anthony Raguine explained that this is the final agreement with the City of Bend, and that no public hearing is necessary at this time. DALY: Move approval. MELTON: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 9. Before the Board was Consideration of Approval of an Employee Benefits Advisory Committee Recommendation to Implement a Separate Health Benefit Plan to Offer to Part -time Benefited Employees. Ronda Connor said that there is one plan now with two premium structures for full -time and part -time. Sometimes the plan is cost prohibitive for part -time employees. Mr. Kanner added that income and expenditures will be tracked, but he suspects the cost will be about even. Many of the part -time employees are younger and have fewer claims. The benefit is in essence a major medical plan. MELTON: Move approval. DALY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 7 of 12 Pages VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. MELTON: Move approval of the Consent Agenda, less item #16, the economy development grant requests. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. Consent Agenda Items 10. Signature of Order No. 2008 -009, Reappointing David A. Pardo as Justice of the Peace Pro -Tem 11. Signature of Order No. 2008 -018, Transferring Appropriations in the Sheriff's Office Fund 12. Signature of Resolution No. 2008 -019, Transferring Appropriations in the Acute Care (Mental Health) Fund 13. Signature of Resolution No. 200 -020, Appropriating a New Grant in the Mental Health Department 14. Signature of Letters Reappointing John McLeod and Chris Bellucsi to the Central Oregon Intergovernmental Council Board of Directors, through December 31, 2009 15. Approval of Minutes: • Business Meetings: January 28 and 30, 2008 • Work Sessions: August 15 and October 15, 2007; January 28 and 30, 2008 16. Economic Development Grant Requests • Central Oregon Youth Investment Foundation — Challenge Obstacle Course • Bend Area Habitat for Humanity — Alford Village, Initial Engineering • Family Access Network Foundation — Breakfast Fundraiser These grants will be addressed at a future meeting. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 8 of 12 Pages CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 17. Before the Board was Consideration of Signature of Resolution No. 2008- 012, Submitting to the Voters a Five -Year Local Option Tax Levy to Fund 9 -1 -1 Emergency Services. Becky McDonald said that this will place the levy on the May ballot. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 18. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $6,761.24. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $236.00. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 9 of 12 Pages CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #1 20. Before the Board was Consideration of Signature of a Letter Appointing Michael A. Maier to the Rural Law Enforcement District #1 Budget Committee, through December 31, 2010. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #2 2L Before the Board was Consideration of Signature of a Letter Appointing Michael A. Maier to the Rural Law Enforcement District #2 Budget Committee, through December 31, 2010. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 22. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $408,489.20. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 10 of 12 Pages 23. ADDITION TO THE AGENDA Before the Board was Consideration of Whether to Review the Hearings Officer's Decision on File No. RC -07 -3 (Reconsideration of File No. MC- 07-5; Applicant: Aceti; Pursuant to Deschutes County Code 22.28.050). Laurie Craghead reminded the Board that this is not a land use decision and no public testimony can be taken. The Board can call this up on an appeal if they so desire, rather than having Mr. Aceti go through the normal process. Commissioner Daly said that he has had quite a bit of ex parte contact on this issue. Mr. Aceti came into Commissioner Daly's office and explained that there were some issues that were not clear. Commissioner Daly then talked with Community Development staff about the situation. One issue is the storage of hay containers within 100 feet of the road right of way; it is unclear if this is to Highway 97 or to other roads as well. Also, why is this allowed only on the west side of Tumalo Road. In addition, up to 80 containers would be visible from the highway and he has been asked to fence it. A six foot fence would not look good, and the grade is higher than the property so the fence would not obscure the containers anyway. Commissioner Daly stated that Mr. Aceti has spent a great deal of money on this issue already and is asking for a break. Commissioner Luke said that he received a letter from Mr. Aceti's attorney, asking Commissioners Luke to step aside. Commissioner Luke also submitted his response into the record. The applicant has a right to appeal the Hearings Officer's decision, but instead wants the Board to call it up. He said that the Commissioners are being asked to spend County money on something that is not of countywide concern. The application was approved, but Mr. Aceti does not like some of the conditions; however, there are avenues for that. It should not be handled differently than any other land use application. Commissioner Melton added that it isn't about the merits of the decision, but the process. The Board has had issues with mitigation of pieces of some Hearings Officer decisions, and clarified them through the appeal process. This isn't unheard of. She said she believes in the process and can't support going outside the process to hear an appeal. There have been other applications with concerns, and both sides need to be heard. This should not be side - stepped through a different route. How would the Board tell someone else why they can't do the same thing? This needs to follow the process. Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008 Page 11 of 12 Pages Commissioner Daly stated that the Commissioners calling it up is also a part of the process and can be used. He feels that there are obvious problems with the decision that are costly to this citizen. The decision is unclear and flawed, and he would like to save Mr. Aceti a filing fee. Commissioner Melton said that it is not that cut and dried for the long haul. A conditional use permit is not black and white, and won't be replicated throughout the County. There are questions about the Deschutes Junction area and the comprehensive plan. There had been a mitigation situation which was appealed. The Board needs to stick to the normal appeal process, otherwise it could have countywide ramifications. DALY: Move that the Board call up this appeal. The motion died for lack of a second. Being no ficrther items to come before the Board, Chair Luke adjourned the meeting at 10.°56 a.m.. DATED this 13th Day of February 2008 for the Deschutes County Board of Commissioners. '? Dennis R. Luke, air ATTEST: Recording Secretary Tammy (Baney) Melton, Vice Chair icha-' M. Daly, ommissioner Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 20('8 Page 12 of 12 Pages 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, FEBRUARY 13, 2008 NOTE: MEETING AT REDMOND HIGH SCHOOL The Commissioners and representatives of various County departments will be meeting with Redmond High School students at 9:00 a.m. for a question & answer session, followed by the regular Board business meeting at 10:00 a.m. 1. 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. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time 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 record of that hearing. 2. CONSIDERATION of Signature of Order No. 2008 -010, Regarding the Sale of Certain County -owned Real Property — Teresa Rozic, Property and Facilities 3. CONSIDERATION of Signature of Resolution No. 2008 -017, Declaring Findings in Support of Sole Source Procurement for Phase IV of the 800 MHz Sheriff's Radio Communications System — Sheriff Blanton, Sue Brewster, Jon Sholes, Sheriff's Office 4. CONSIDERATION of Signature of Order No. 2008 -015, Rejecting All Proposals and Authorizing Reissuance of a Request for Proposals for Household Hazardous Waste Services — Timm Schimke, Solid Waste Department 5. CONSIDERATION of Signature of Document No. 2008 -085, a Grant Agreement for Recycling and Waste Prevention Education and Promotion Services with ReStore — Timm Schimke, Solid Waste Department Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 1 of 8 Pages 6. CONSIDERATION of Chair Signature of a Notice of Intent to Award Contracts for Fuels Treatment through Qualified Pool Retainer Agreements — Joe Stutler, Forester 7. CONSIDERATION of Board Signature of Documents No. 2008 -065 through 084, Retainer Agreements for Fuels Treatment — Joe Stutler, Forester 8. CONSIDERATION of Signature of Document No. 2008 -063, a Development agreement between Deschutes County, the City of Bend and Arrowood Tetherow, LLC, Acknowledging Completion of Transportation Mitigation related to the Tetherow Destination Resort — Anthony Raguine, Community Development 9. CONSIDERATION of Approval of an Employee Benefits Advisory Committee Recommendation to Implement a Separate Health Benefit Plan to Offer to Part-time Benefited Employees — Ronda Connor, Personnel CONSENT AGENDA 10. Signature of Order No. 2008 -009, Reappointing David A. Pardo as Justice of the Peace Pro -Tem 11. Signature of Order No. 2008 -018, Transferring Appropriations in the Sheriff's Office Fund 12. Signature of Resolution No. 2008 -019, Transferring Appropriations in the Acute Care (Mental Health) Fund 13. Signature of Resolution No. 200 -020, Appropriating a New Grant in the Mental Health Department 14. Signature of Letters Reappointing John McLeod and Chris Bellucsi to the Central Oregon Intergovernmental Council Board of Directors, through December 31, 2009 15. Approval of Minutes: • Business Meetings: January 28 and 30, 2008 • Work Sessions: August 15 and October 15, 2007; January 28 and 30, 2008 Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 2 of 8 Pages 16. Economic Development Grant Requests • Central Oregon Youth Investment Foundation — Challenge Obstacle Course • Bend Area Habitat for Humanity — Alford Village, Initial Engineering • Family Access Network Foundation — Breakfast Fundraiser CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 17. CONSIDERATION of Signature of Resolution No. 2008 -012, Submitting to the Voters a Five -Year Local Option Tax Levy to Fund 9 -1 -1 Emergency Services — Becky McDonald, 9 -1 -1 18. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 19. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #1 20. CONSIDERATION of Signature of a Letter Appointing Michael A. Maier to the Rural Law Enforcement District #1 Budget Committee, through December 31, 2010 CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #2 21. CONSIDERATION of Signature of a Letter Appointing Michael A. Maier to the Rural Law Enforcement District #2 Budget Committee, through December 31, 2010 Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 3 of 8 Pages RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 22. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 23. ADDITIONS TO THE AGENDA 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 TTY. 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. If you have questions regarding a meeting, please call 388 - 6572.) Wednesday, February 13, 2008 9:00 a.m. Meeting with Students at Redmond High School 10:00 a.m. Board of Commissioners' Meeting, at Redmond High School 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, February 14, 2008 11:30 a.m. EDCO (Economic Development for Central Oregon) Luncheon, Riverhouse Convention Center, Bend 3:00 p.m. Regular Meeting of the Fair Board, Fair & Expo Center, Redmond Monday, February 18, 2008 Most County offices will be closed to observe Presidents ' Day Tuesday, February 19, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee 12:00 noon Regular Meeting of Board and Department Directors Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 4 of 8 Pages Wednesday, February 20, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, February 21, 2008 1:30 p.m. Leadership Redmond 5:30 p.m. COBA (Central Oregon Builders Association) Annual Dinner, at Bend Senior Center Monday, February 25, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, February 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, March 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, March 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 6, 2008 9 :00 a.m. Regular Department Update — Mental Health 10:00 a.m. Regular Department Update — District Attorney 11:00 a.m. Regular Department Update — Community Development 1:30 p.m. Regular Department Update — Road Department 2:30 p.m. Regular Department Update — Clerk Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 5 of 8 Pages Wednesday, March 12, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers 21:00 p.m. Regular Department Update — Health Department Monday, March 17, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, March 18, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, March 19, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) 6:00 p.m. (Tentative) Public Hearing regarding South County Groundwater Issues, La Pine High School Thursday, March 20, 2008 10:00 a.m. Regular Department Update — Community Justice 11:00 a.m. Regular Department Update - Assessor Monday, March 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, March 26, 2008 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 Wednesday, February 13, 2008 Page 6 of 8 Pages Thursday, March 27, 2008 9:00 a.m. Regular Department Update — Fair & Expo 11:00 a.m. Regular Department Update — Commission on Children & Families Monday, April 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, April 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, April 10, 2008 12:00 noon Audit Committee Meeting Tuesday, April 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, April 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, April 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, April 22, 2008 7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club Wednesday, April 23, 2008 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 Wednesday, February 13, 2008 Page 7 of 8 Pages Monday, April 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, May 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, May 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 8, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers 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 TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008 Page 8 of 8 Pages Department of Administrative Services Dave Kanner, County Administrator January 7, 2008 TO: Members of the EBAC FROM: Dave Kanner, county administrator RE: Part-time insurance benefits 1300 NW Wall St, Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 38E -3202 www.co. deschutt !s. or. us As I have mulled over the recent discussions regarding health benefits for part-time employees, I've come to the conclusion that there's no perfect answer and that the path forward is probably to simply adopt a plan, offer it for a year and then evaluate our actual experience. Given the size of our reserve and the limited nature of the benefit, I believe our exposure is fairly minimal if we move forward with what is essentially an experiment. What's more, according to Ronda, HCC does not require that we fund the recommended premium at 100 %. To that end, I would propose the following: 1. We offer an alternative health plan to less- than - full -time employees that includes health, Rx and alternative care benefits with a $2,500 deductible and the same dental and vision benefits offered to full -time employees. 2. The cost to the departments would be $600 per month per participating employee (or whatever 50% of the cost of a full -time employee is next year). The cost to the employee would be $35 per month, or whatever figure we go with next year for all employees. 3. Part-time employees would have to declare which plan they want to participate in prior to the start of the plan year and would not be permitted to switch during the course of the plan year. (Question: What happens if a p/t employee leaves county employment during the course of the plan year and is replaced by a new employee who wants to be on the other plan?) 4. Each employee would be covered by the stop -loss plan. According to Ronda, we can track revenues and expenditures attributable to participating p/t employees and, at the end of the plan year, determine whether this is something we can continue to offer. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost - Effective Manner February 13, 2008 Toni Aceti's request for the Commissioners to call up his land use decision I received a letter on February 12, 2008 from Roxanne Farra, attorney for Mr. Aceti, in which she asked me to not participate in hearing this matter. She suggests that I have a conflict of interest regarding Mr. Aceti and or his development plans. She goes on to say in her letter that "Parties appearing before a governing body in a land use matter `are entitled to...a tribunal which is impartial in the matter- i.e. having had no pre - hearing or ex parte contacts concerning the question at issue' " As part of her claim, she points out that I am the one who made the code enforcement complaint against Mr. Aceti. In the Spring of 2007, I was returning from a meeting in Redmond and drove past Mr. Aceti's property. I noticed that he had added trailers and storage units to his property along Highway 97. When I was back in my office I called Tom Anderson, Director of our Community Development Department, and told him what I had observed. Mr. Anderson did some investigation and called me back and told me his belief that one of both of the items I had seen may be a code violation in an EFU zone. Since the County has a general policy of not initiating possible code violation unless there is a complaint, Mr. Anderson asked me if I wanted to be the one who filed the complaint. I told him in the interest of getting a determination, I would accept that responsibility. Mr. Anderson told me that there were actually two Aceti cases. CDD opened the complaint and Mr. Aceti actually took down the signs and got rid of the containers at that time. The case was closed. In August, the containers showed back up, so CDD opened a new case, which is still pending. Mr. Aceti eventually filed a land use application that was approved by the hearing's officer and that decision is what is before us today. Attorney Farra also attached an affidavit signed by Dennis Tooley stating that I said "The only way those changes will happen is over my dead body ". Anyone who knows me would realize that is not my manner of speaking. I do not recall having spoken to Mr. Tooley about Mr. Aceti's property. For the record, I believe that Mr. Tooley's statements are completely false and I never said those things to him. We are not close and I very seldom discuss County business with Mr. Tooley. As regards to the ex parte contact, I notice that Attorney Farra does not speak of her clients ex parte contact with Commissioner Daly or Commissioner Daly's subsequent e- mail to Community Development regarding this issue. Commissioner Daly stated in the Monday, February 11, 2008, Board meeting that he had met with Mr. Aceti and that he, Commissioner Daly, did not care about ex parte contact. Conflicts of interest ususally relates to a financial interest under ORS 244.010 definitions of actual or potential conflicts of interest. I have nothing to gain or lose financially from any decision in regards to Mr. Aceti. I have been directly involved in land use issues for six years as a Legislator and nine years as a County Commissioner. The chief principle that has guided me through those years has been, if you don't like the law, work to change it. Otherwise my job is to make decisions consistent with the law. If we are wrong, a higher authority will tell us and we will then make our decision consistent with their ruling. I can and will make a decision in this case based on the law and will not let personal bias influence my decision. Therefore I will not step aside on the decision to call or not call up this land use decision. Dennis R. Luke Deschutes County Commissioner ROXANNE L. FARRA, P.C. ATTORNEY AT LAW ATTORNEY ROXANNE L. FARRA February 12, 2008 via EMAIL, FACSIMILE and HAND DELIVERY Mark E. Pilliod (Hand Delivery Record No. 0400) Deschutes County Legal Counsel 1300 N.W. Wall St., Ste. 200 Bend, OR 97701 Dennis Luke (Hand Delivery Record No. 0402) Deschutes County Commissioner 1300 N.W. Wall St., Ste. 200 Bend, OR 97701 Re: Tony Aceti Dear Sirs and Madam: PARALEGAL SARA J. HALL D ECEoac FEBI 1 p 2pp8 I� BOARD OF COMMISSIONERS ADMINISTRATION Tammy (Baney) Melton (Hand Delivery Record No. 0403) Deschutes County Commissioner 1300 N.W. Wall St., Ste. 200 Bend, OR 97701 Mike Daly (Hand Delivery Record No. 0404) Deschutes County Commissioner 1300 N.W. Wall St., Ste. 200 Bend, OR 97701 I represent Tony Aceti ( "Aceti ") with respect to the conflict of interest that exists with regard to the participation by Commissioner Dennis Luke in any land use or other proceedings involving Aceti. In particular, this letter objects to the participation in any manner by Commissioner Luke in File Nos. MC -07 -5 and RC 07 -3 involving Aceti's property located at Deschutes Junction. I request that a copy of this letter and attached materials be made part of the public record and file in any such proceeding. Parties appearing before a governing body in a land use matter "are entitled to ... a tribunal which is impartial in the matter — i.e., having had no pre- hearing or ex parte contacts concerning the question at issue." Fasano v. Washington Co. Comm., 264 Or. 574, 588, 507 P.2d 23, 30 (1973). The Oregon court of appeals has held: "As we read Fasano its basic requirement is an impartial tribunal; ex parte contacts were just mentioned as one way in which impartiality could be compromised," another being a "claim or evidence of bias." Tierney v. Duris, 21 Or. App. 613, 629, 17 N.W. IRVING AVENUE BEND, OREGON 97701 TEL. (541) 385 -3017 FAx (541) 330-1556 E-MAIL RFARRA @BENDBROADBAND.CO"4 Mark E. Pilliod Board of County Commissioners February 12, 2008 Page 2 536 P.2d 435, 443 (1975) (Emphasis added.); Neuberger v. City of Portland, 288 Or. 585, 590, 607 P.2d 722, 725 (1980) ( "The issue is not whether there were any ex parte contacts, but whether the evidence shows that the tribunal or its members were biased. ") The email attached to this letter as Exhibit 1 shows that, in May of last year, Commissioner Luke was the complainant in a code enforcement case against Aceti. The Affidavit of Dennis Tooley, attached to this letter as Exhibit 2, is further proof of Commissioner Luke's bias and partiality when it comes to Aceti. Commissioner Luke cannot be impartial with respect to Aceti and, as such, he should be prohibited from participating in any manner with respect to any issue pertaining to Aceti, particularly any land use issues. All public officials in Oregon must adhere to a statutory code of ethics. ORS 244.010(1); ORS 244.020(15). In addition to abiding by the code of ethics, all public officials must declare potential or actual conflicts of interest. ORS 244.120; ORS 244.130; 1987 Or. AG LEXIS 95, *27. In the event that Commissioner Luke refuses to recuse himself from all matters involving Aceti, we expect that at the beginning of any meeting regarding Aceti, Commissioner Luke will clearly and publicly declare his obvious conflict of interest, and that this letter and attached materials will be made a part of the public record. Thank you for your time and attention to this matter. Sincerely, RLF:rl Enclosures cc: Client (via regular mail w /encls.) Laurie Craghead (via facsimile and email w /encls.) ECEOVE FEB 1 2 2008 BOARD OF COMMISSIONERS ADMINISTRATION Tim Grundeman From: Sent To Subject Tom Anderson Friday, June 01, 2007 3:36 PM Tim Grundeman FW: Trailers & Containers © Deschutes Junction Tim, go ahead and open a case on the container business. List Dennis as the CP. Tom Original Message From: Dennis Luke Sent: Thursday, May 31, 2007 10:21 AM To Tom Anderson Subject: RE: Trailers & Containers @ Deschutes Junction Yes, open the case. Dennis Luke - - - -- Original Message from: Tom Anderson Sent: Monday, May 21, 2007 4:06 PM To: Dennis Luke Cc: Tim Grundeman; Dave Kanner Subject: Trailers JG Containers @ Deschutes Junction Dennis, we investigated the containers and trailers being sold at Deschutes Junction. It turns out that both operations are on Tony Aceti's property. Tony has an approved CUP for a commercial operation in conjunction with his hay sales. The sale of trailers (which are designed to carry hay bales), is authorized under his CUP. The sale of containers however, would constitute a violation of his CUP and the EFU zone. Would you like us to open a code enforcement case on the containers? As you know we are complaint driven, so barring a health & safety situation, COD staff does not open cases or our own. However, we have in the past (and don't mind a bit) opened cases at the request of a Commissioner. Let me know your direction. Thanks, Tom 1 gEcE w [i Li 11 FEB 1 2 2008 BOARD OF COMMISSIONER ADMINISTRATION EXHIBIT 1 TO 02 -12 -08 LETTER, Page 1 of 1 AFFIDAVIT I, DENNIS TOOLEY, having been duly sworn do depose and say as follows: 1. Approximately a year- and -one half ago, I was discussing certain land use changes with Tony Aceti regarding his property located at Deschutes Junction. 2. I mentioned to Aceti that I would be seeing Commissioner Luke at an upcoming Deschutes Republican Central meeting, and would mention the issues to him, since Commissioner Luke and I bump into each other all the time, and were pretty cordial with one another. 3. I did speak with Commissioner Luke at the meeting, indicating to him that Aceti could use some direction with regard to the land use issues involving Aceti's property. 4. I do not remember Commissioner Luke's exact words, but I am being pretty close in saying that Commissioner Luke's response to me was, "The only way those changes will happen is over my dead body." 5. The message I got from Commissioner Luke, based on my personal observations of his words and mannerisms, was that as long as Commissioner Luke was a Deschutes County Commissioner, Aceti was not going to get anything. 6. I replied with something like "Oh, okay," and ended the conversation. 7. Based upon my conversation with Commissioner Luke, I absolutely do not believe that the Commissioner would be fair person to sit on the Board to hear any matter regarding Aceti. AFFIDAVIT OF DENNIS TOOLEY - Page 1 FEE LU'7L FEB 1 2. 2008 BOARD OF COMMISSIONERS ADMINISTRATION EXHIBIT 2 OF 02 -12 -08 LETTER, Page 1 of 2 SUBSCRIBED AND SWORN to before me this ! of December, 2007. Dennis Toole), SUBSCRIBED AND SWORN to before me this /, . day of December, 2007. `:!*, OFFICIAL SEAL {j) H HAWORTH )t ({ COMMISSION ION PUBLIC- MY COMMISSION EXPIRES JUN 14 2011 0 MIS X01 C N ary Public of Oregon ��tt My commission expires: Vull( /' SCA' AFFIDAVIT OF DENNIS TOOLEY - Page 2 EC ELI EiThi F F B 1 2. 2008 ±2)I BOARD OF COMMISSIONERS ADMINISTRATION EXHIBIT 2 OF 02 -12 -08 LETTER, Page 2 of 2 FEB /13 /2008 /WED 01:04 PM ROXANNE L FARRA, PC _LILT ROXANNE L. FARRA, P.C. ATTORNEY AT LAW FAX No, 541 330 1556 P, 002 AATroRNEY ROXANNE L FARRA February 13, 2008 via FACSIMILE and CERTIFIED MAIL - RETURN RECEIPT REOUESTED 7004 2890 0001 7214 9655 Mark E. Pilliod Deschutes County Legal Counsel 1300 N.W. Wall St., Ste. 200 Bend, OR 97701 PARALFrygL SARA J. HALL Re: Tony Aceti Dear Mark: This letter serves as a public records request directed to the County of Deschutes. Please produce the following: All sign -in sheets, rosters, lists of attendees, audiotapes, CD -Roms, videotapes, and minutes for the 02 -13 -08 meeting of the Board of County Commissioners. Thank you for your professional courtesies and prompt attention to this matter. Sincerely, RLF:rl cc: Client (via hand delivery) 17 N.W. IRVINE AvENUQ BEND, OREGON 97701 TEL. (541) 385 -3017 FAX (541) 330 -1556 E -MAIL RFARRAOBENDBROADBAND.cOM