2000-1028-Minutes for Meeting November 29,2000 Recorded 12/13/2000VOL: CJ2000 PAGE: 1028
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-1028 * Vol -Page Printed: 12/13/2000 14:49:34
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Dec. 13, 2000; 1:06 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 12
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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Board of Commissioners
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1130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6570 • Fax (541) 388-4752
E -Mail: www.deschutes.org.
Linda L. Swearingen
Tom N. DeWolf
Dennis R. Luke
MINUTES
BOARD OF COUNTY COMMISSIONERS' MEETING
Wednesday, November 29, 2000
Chair Linda Swearingen opened the meeting at 10: 00 a.m.
Present were Commissioners Linda Swearingen, Tom DeWolf and Dennis Luke.
Also present were Mike Maier, County Administrator; Kevin Harrison of
Community Development; Rick Isham, Legal Counsel, Elaine Severson, Health
Department; and Sue Brewster, Sheriff's Office. Also attending were Mike Viegas,
Risk Management; Tracy Goodman, Personnel; Gordon Dukes, Employee Benefits
Advisory Committee; Tom Blust, Road Department; Anne Aurand and Jeff Mullins,
Media; and Commissioner -elect Mike Daly and six other citizens.
1. CITIZEN INPUT
Tom Grimm, an opponent of the construction of tall cellular towers, spoke. He
congratulated and thanked the County's Planning Commission and Community
Development Department for the tremendous amount of work they did in
rewriting the County code regarding cellular towers.
He indicated he sees one problem with this issue, which is the inter -governmental
agreement between the County and the City of Sisters, regarding the City's
annexation of the land used for the its sewer treatment plant. It was his
understanding that the City was to limit the uses allowed at the site.
He stated that the City subsequently met with Spectracite Company to discuss
their erection of a 150 -foot lighted tower; and that as he understands it, the
agreement between the City and County must be amended to allow such a use.
He asked if the County has been asked to sign this document.
Minutes of Board of Commissioners' Meeting Page 1 of 12 Pages
Wednesday, November 29, 2000
Quality Services Performed with Pride
S WEARINGEN:
It has never come before us. We have made them aware that a goal exception is
necessary. This must be run through their process.
RICK ISHAM:
At the Board's request, I have drafted a letter to the City of Sisters, addressing
the amended agreement that has been offered to the Board for its signature.
The letter explains that because of the goal exception and the final decision, the
uses were limited to the wastewater treatment plant and the ground application
of treated effluents.
The letter says that because the goal exception that allowed the expansion of the
Urban Growth Boundary and subsequent annexation was limited in those uses,
until such time as the decision was changed, the Board would be unable to sign
an amended agreement. Or, because the property is under the jurisdiction of the
City of Sisters, if there is an amended goal exception for this annexation that
eliminates the need for the intergovernmental agreement, then the Board in this
letter says that they will cooperate in rescinding the agreement.
Until either one of these occurs, there is nothing that the Board can do with
respect to signing such an agreement. I have also discussed this with Steve
Bryant, the attorney for the City of Sisters, so they are aware of this and are
expecting to receive the Board's letter.
DENNIS LUKE:
We recently discussed the uses of this property with the City of Sisters at one of
our regular meetings with them. They indicated they wanted to change the use
of that site, but they said the change would be to put their public maintenance
buildings out there. Some of those buildings would have antennas, but nothing
was said about installing tall cellular towers. Remember, they are a separate
government entity, and we cannot tell them what to do.
S WEARINGEN:
Basically what we are telling you is that the City can't do anything at this point.
It is interesting that they have already negotiated an agreement with a cellular
company without following the proper procedures. They are now aware of it,
though, and I'm sure they will comply.
GRIMM:
I'm glad to hear that, because they have announced that there is a deadline for
an appeal to building the tower.
Minutes of Board of Commissioners' Meeting Page 2 of 12 Pages
Wednesday, November 29, 2000
DEWOLF:
As a concerned citizen, you need to keep informed on their deadlines and
activities. We will not be a party to activities that are not within the spirit of
our agreement. Ultimately, however, it will be a decision made by the City of
Sisters; our authority is limited.
GRIMM:
We will make sure the City is made aware of what the citizens think.
(At this time there was a general discussion of Measure 7, and its possible
effects on the building of cellular towers and other land uses.)
2. Before the Board was Consideration of a Decision on the Development
Agreement Proposed by Cascade Highlands Limited Partnership, and the
Adoption of Ordinance No. 2000-034, Approving a Development
Agreement, and Making Findings on the Cascade Highlands Development
Agreement Proposed by the West Bend Traffic Consortium.
RICK ISHAM:
Last week I provided the Board with a copy of the Ordinance, and previously
had provided a copy of the findings from the City of Bend. If the Board is
ready, it can move approval of the findings and the Ordinance, which has an
emergency clause, making it effective immediately. The only significant
differences are the references to the County's code sections as well as the
information relating to hearing dates before the Board of County
Commissioners. It also refers to the actions of the City of Bend.
LUKE:
If the City's actions are stopped due to a lawsuit, will this all go on hold?
ISHAM:
It's all or nothing. This is a portion of the consortium. Although the County's
action stands alone, it must be handled as a package. The primary use of
$500,000 is to fund the southern crossing bridge.
LUKE:
Have we received a letter from the Road Department for the record?
Minutes of Board of Commissioners' Meeting Page 3 of 12 Pages
Wednesday, November 29, 2000
ISHAM:
Yes. It basically says that the Kittleson report did not analyze the impact on
County roads and the state highway, and that there will need to be a new and
separate report done for these.
LUKE:
I move approval of the findings.
DEWOLF:
I second, but wish to offer an explanation. I got into government primarily to
address transportation, and in particular safety issues, which has been a big
concern of mine for a long time. I worked very hard for years on transportation
issues, wanting to insure that the system worked.
We now a new group that was elected to the Bend City Council that wants to
slow growth down. At the same time, they all also indicated support for a four-
year university, which will exponentially increase both growth and traffic in
this area.
In my four years on the Bend City Council, we passed an ordinance to protect
the riparian areas along the Deschutes River, and to keep development a certain
distance away from the River. We passed a mixed-use river zone, in order to
encourage the kinds of mixed -used development that would help decrease
traffic impacts on other parts of town.
We also implemented ordinances related to development that required covered
bicycle parking at businesses, bike lanes, separated sidewalks and curb
extensions for pedestrian safety and comfort, speed bumps, and narrower streets
to slow vehicles down. We encouraged smaller building lots in order to
increase density so that the time may come, hopefully soon, when we can
support a transit system in Bend. I still don't believe that we can support an
adequate transportation system at this point because of the way things are so
spread out.
I wanted to point this out, because I believe strongly in the need for a
transportation system that will work. I had asked for extra input from our
Community Development Department and our Road Department, and their study
of the Kittleson Report leads them to believe that, based on the densities that are
proposed and that are agreed to contractually, this system will meet those needs.
Minutes of Board of Commissioners' Meeting Page 4 of 12 Pages
Wednesday, November 29, 2000
DEWOLF:
I've been a strong proponent of the southern bridge crossing because it's part of
a plan that has been in place since the 1950's; this completes a circuit around the
core of Bend.
Also, John Wujack, who worked hard to stop dams from going in along the
river and succeeded in getting the "wild and scenic river" designation, is also a
strong proponent of the southern bridge crossing specifically because of the
impact created by not doing it. This could force a bridge being put in perhaps
farther south, which would impact the wild and scenic designation. There are a
whole host of reasons why I support this today.
I don't take this lightly; this is really important to me. Although we disagree, I
respect your passion and hope that you respect mine. I really believe that this
will make a big improvement in Bend.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Before the Board was Consideration of Signature of Ordinance No. 2000-034,
and its First and Second Reading.
LUKE: I move approval.
DEWOLF: I second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
Chair Linda Swearingen then conducted the first and second readings of
Ordinance No. 2000-034, by title only.
LUKE: I move approval.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
Minutes of Board of Commissioners' Meeting Page 5 of 12 Pages
Wednesday, November 29, 2000
3. Before the Board was Consideration of Signature of Order No. 2000-088,
Regarding Vesting of Vacated Property (a Portion of Main Street in La
Pine).
Tom Blust explained that the Board had previously signed an order vacating
this portion of Main Street in La Pine. The order referred to a portion of the
State statute which says that the property vacated would vest with the abutting
property owners by extension of their property lines to the center of the vacated
right-of-way. However, in this case the entire right-of-way originally came out
of the properties to the east - all part of a government lot - so that the underlying
owner is actually properties to the east, and the properties to the west would not
gain any of that vacated property. What this order does is change the wording
to make the proper reference to the statute.
LUKE: I move approval.
DEWOLF: I second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. Before the Board was Consideration of Signature of an Agreement between
Central Oregon Community College and the Deschutes County Health
Department to Provide Public Health Nurses to the Ready -Set -Go and
Parole and Probation Home Visiting Programs.
Elaine Severson from the Health Department explained that this is a renewal of
a contract with COCC that has been in place for years.
LUKE: I move approval.
DEWOLF: I second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
5. Before the Board was Consideration of Signature of the Forest Service
Annual Operating Plan.
Sue Brewster explained that this is a renewal of a contract that the County has
entered into for at least the last twelve years; and that there are no major changes.
Minutes of Board of Commissioners' Meeting Page 6 of 12 Pages
Wednesday, November 29, 2000
LUKE:
DEWOLF
I move approval.
I second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
6. Before the Board was Consideration of Signature of Resolution No. 2000-
085, Adopting the Supplemental Budget No. 2 of the Deschutes County
Budget for Fiscal Year 2000-2001, and Making Appropriations.
This item has been postponed until Wednesday, December 13, 2000, 10: 00 a. m.,
at the regularly scheduled Board meeting.
7. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Hickman Williams & Associates,
Engineers, for Deschutes County Fairgrounds and Expo Center Parking
Lot Requirements (for the FMCA Convention).
DEWOLF: I move approval.
SWEARINGEN: I second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
8. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the Extension/4-11 County Service District in the Amount of $1,625.09.
LUKE: I move approval, subject to review.
DEWOLF: Second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of Board of Commissioners' Meeting Page 7 of 12 Pages
Wednesday, November 29, 2000
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District in the Amount of $1,011.03.
LUKE: I move approval, subject to review.
DEWOLF: Second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Approval of Weekly Accounts Payable Vouchers for
Deschutes County in the Amount of $215,372.79.
LUKE: I move approval, subject to review.
DEWOLF: Second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
11. ADDITIONS TO THE AGENDA
A) EBAC Recommendation
Mike Maier, County Administrator, stated that at a recent Employee Benefits
Advisory Committee there was a discussion and subsequent modification of
recommendations concerning coverage of sleep disorder issues under the
County's self-insurance program.
MAIER:
The initial modification would maintain it for the year. After further discussion
with the Board, this is now submitted for Board consideration. It would cover
those employees who have incurred expenses during the transition between
insurance providers, and holds them harmless for expenses that they have
incurred to date, and sets conditions regarding changes, letting them know that
these expenses will not be paid for through the County's plan this year.
Minutes of Board of Commissioners' Meeting Page 8 of 12 Pages
Wednesday, November 29, 2000
MIKE VIEGAS:
There are six people affected. We recommend that the County cover these six
cases up through December 8, 2000, and then reevaluate as to whether to add a
component to the medical plan for next fiscal year. We are doing some
research on this, and aren't sure at this point what the financial impact will be.
LUKE: I move approval of the Employee Benefits Advisory
Committee's recommendation regarding sleep disorder
conditions.
DEWOLF: Second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Application to OEDD for Deschutes County Fairgrounds and Expo
Center Grant Funds.
DEWOLF:
I spoke with Representative Ben Westlund, and he stressed that we need to get
the Oregon Economic Development Department application submitted as soon
as possible.
ISHAM:
We'll have numbers and a map of the project approved next Wednesday, and
will need a completed application for the Board to send on out by the
following Monday. We had considerable discussions regarding the volunteer
assistance.
ISHAM:
One problem we have is to try to quantify the volunteer effort; if it does not
materialize, you may not have asked for enough money. If you don't include
it and it does materialize, you then have to take its value off the grant portion
and not the loan amount.
S WEARINGEN:
So we can put together a credible application late next week that will take all
aspects into consideration.
Minutes of Board of Commissioners' Meeting Page 9 of 12 Pages
Wednesday, November 29, 2000
ISHAM:
If we apply for the full amount and the volunteer work is significant, can we
reduce that and still maintain the fifty/fifty split? I have asked the OEDD to
advise me on this.
DEWOLF:
Ben said it might be potentially less expensive and more expedient to not
utilize the volunteers or National Guard.
ISHAM:
The National Guard funding cycle does not match well with the needs of this
project. They may not be available until May. Ben is investigating this issue
as well.
DEWOLF:
Can this be submitted on the 11th then?
LUKE:
It's a thirty -day process, so that cuts it very close to the legislative session.
I've asked Mr. Raimondi of the OEDD if the application can be submitted
separately from the budget.
ISHAM:
Part of the problem is that they say it's thirty days from the last piece of
required information. The last piece of required information will be the
permanent permit from the City of Redmond, which may take some time.
There is a possibility that they may accept a letter from the City of Redmond
that says that this meets all of the land use requirements, and they may go
ahead and fund on that basis even though the permit has not yet been issued.
The temporary permit will be submitted as soon as the Fair Board signs off.
The permanent permit has a burden of proof and some other issues, but will be
submitted as quickly as possible after that. The permanent permit will include
those things in the Fairgrounds expansion parking lots that were not
completed because there was no site plan submitted for that permit. Hickman
Williams is incorporating the site plan for the Fair expansion into this permit
to make this a single project.
LUKE:
So you'll have one massive traffic study for the whole thing.
Minutes of Board of Commissioners' Meeting Page 10 of 12 Pages
Wednesday, November 29, 2000
DEWOLF:
If we can help by getting the City of Redmond to move more quickly, or do
whatever else is required, let us know.
ISHAM:
As soon as Fair Board decides on the project, we can put it together and it
should be okay. The engineers are doing some changes and are including
landscaping and other things that hadn't been previously included. I am
assuming that it will probably be a $1 million total package.
(A general discussion then occurred over the amounts and the loan repayment
guarantee.)
MIKE MAIER:
Repayment will be set up next year, and we pay over years.
DEWOLF:
Ben has some time now, but not in January; so we need to move quickly.
ISHAM:
You'11 need to meet on December 11 th to sign the OEDD documents. The
Board is the only entity that can sign it.
Q Measure 7 Ordinance
ISHAM:
I've been working on issues involving Measure 7. In order to develop, we
need to deal with the use of land. The question is whether it includes partition
and subdivision. Land use is defined very broadly in the Oregon constitution;
the Constitutional amendment simply says "use of land", not "land use".
There are two possible policy choices. One is that partition and subdivision
are a use of land that would be covered under the amendment. The other is
that it only relates to use, such as whether you can put a house on it. I believe
that there is a good chance that the issue of partition and possibly subdivision
may come before you as a use that would have been allowed as a result of
Measure 7.
(A general discussion ensued regarding the potential impacts of Measure 7.)
Minutes of Board of Commissioners' Meeting Page 11 of 12 Pages
Wednesday, November 29, 2000
D)
ISHAM:
We will need to prepare an ordinance that is a little broader than some
government entities are drafting, to be on the safe side.
Before the Board was Consideration of Approval of Bond Expenditures
in the Amount of 42,697,049.38.
LUKE: I move approval, subject to review.
DEWOLF: Second.
VOTE: DUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Being no further input, Chair Linda Swearingen adjourned the meeting at 10:50
a.m.
Dated this 29th Day of November 2000 for the
Commissioners.
ATTEST:
Zdw,
Board of
inda L. Swearingen, Chair
ennis R. Luke, Commissioner
Tom eWo , Commissioner
Minutes of Board of Commissioners' Meeting Page 12 of 12 Pages
Wednesday, November 29, 2000
