2001-14-Minutes for Meeting December 13,2000 Recorded 1/9/2001VOL: CJ2001 PAGE: 14
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-14 * Vol -Page Printed: 01/09/2001 11:34:03
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:
Jan. 9, 2001; 8:08 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 15
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MARY SUE PENHOLLOW KEY NC ED
DESCHUTES COUNTY CLERK JA 9 2001
IAICROFILMED
�1
JAN 17 2001
MINUTES
Board of Cornmissioners
1130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6570 • Fax (541) 388-4752
Board of County Commissioners' Meetinjj
Wednesday, December 13, 2000
E -Mail: www.deschutes.org.
Linda L. Swearingen
Tom N. DeWolf
Dennis R. Luke
The Board meeting was preceded by a wonderful holiday concert given by
members of the Bend High School "DY namics"Musical Group.
Chair Linda Swearingen opened the meeting at 10: 01 a. m.
Present were Commissioners Linda Swearingen and Tom DeWolf; Commissioner
Dennis Luke was excused. Also attending were George Read, Catherine Tilton
and Kevin Harrison, Community Development; Dave Anderson and Susan Mayea,
Commissioners' Office; Mike Gerdau, District Attorney's Office; Marty Wynne,
Finance Department; Sue Brewster, Sheriffs Office; and Mike Maier, County
Administrator.
1. Citizen Input. `;
None was offered.
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2. Public Hearing - this item will be addressed later in the meeting.
3. Before the Board was Consideration of Signature of Order No. 2000-023,
Initiating Amendments to Documents Relating to the Formation of the
Deschutes County Justice Court.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 1 of I I Pages
Quality Services Performed with Pride
Sue Brewster explained that this would change the wording in the documents
from "Terrebonne" to North Deschutes County.
DEWOLF: I move approval.
SWEARINGEN: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. Before the Board was Consideration of Signature of a Contract with
Crown Pacific Corporation to Remove Timber from La Pine Industrial
Park.
Susan Mayea indicated she is awaiting final paperwork.
DEWOLF: I move approval, subject to legal review.
SWEARINGEN: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Before the Board was Approval of the Consent Agenda
DEWOLF: I move approval of the Consent Agenda with the
exception of Item #22, which is the Adopting of
Supplemental Budget #2.
SWEARINGEN: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Consent Agenda Items:
5. Signature of an Intergovernmental Agreement with the City of Redmond for
the Justice Court to Assume the Functions and Duties of Redmond Municipal
Court
6. Signature of Resolution No. 2000-082, Initiating the Vacation of Portions of
Stn Street, a Portion of Bruce Avenue and a Portion of the Alley in Block 27 of
the Laidlaw Subdivision (in Tumalo)
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 2 of 11 Pages
7. Signature of Acceptance of the Road Official's Report relating to the
Vacation of Portions of 8th Street, a Portion of Bruce Avenue and a Portion of
the Alley in Block 27 of the Laidlaw Subdivision (in Tumalo)
8. Signature of Order No. 2000-117, Accepting the Road Official's Report and
Setting a Date for a Public Hearing on the Vacation of Portions of 81h Street, a
Portion of Bruce Avenue and a Portion of the Alley in Block 27 of the
Laidlaw Subdivision (in Tumalo)
9. Signature of Resolution No. 2000-084, Adopting the Amended Snow and Ice
Plan for Fiscal Year 2000-2001 (as Updated from the 1998-1999 Version)
10. Chair Signature of an Operating Agreement between the Deschutes
Children's Foundation and the Deschutes County Health Department for
Space at the La Pine Community Campus
11. Signature of the Renewal of a Contract with Merrill O'Sullivan, L.L.P. (for
the Continuation of the Legal Services of Tia Lewis as Hearings Officer)
12. Chair Signature of the Central Oregon Community Investment Board Grant
Award Contract for Construction of the New OSU Extension/4-H Office at
the Deschutes County Fairgrounds
13. Signature of an Easement with Midstate Electric Cooperative (across County -
owned Property off Huntington Road)
14. Signature of Policy No. P-009-2000, Revising the Investment Policy Guidelines
15. Signature of Resolution No. 2000-088, Appropriation of New Grant: Funds to
be Added to the Deschutes County Fiscal Year 2000-01 Budget, and Directing
Entries
16. Signature of Resolution No. 2000-090, Authorizing the Borrowing of Funds
by the Justice Court Fund from the Sheriff's Office Law Enforcement Fund
for the Deschutes County Fiscal Year 2000-2001 Budget
17. Signature of Order No. 2000-121, the Refund of Taxes Pursuant to ORS
308.242 — Assessor Valuation Changes — and ORS 308.425 — Taxes on
Destroyed Property
18. Signature of Order No. 2000-124, Transferring Cash Among Various Funds
as Budgeted in the Deschutes County Fiscal Year 2000-01 Budget, and
Directing Entries
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 3 of 11 Pages
19. Signature of Resolution No. 2000-089, Transferring Appropriations from
General Fund, District Attorney, Personnel Services, and Administrative
Supervisor I Funds to the General Fund, District Attorney, Materials and
Services, and Medical Investigation Funds within the Deschutes County Fiscal
Year 2000-01 Budget, and Directing Entries
20. Signature of Special Transportation Fund Agreements with the City of Bend,
the Residential Assistance Program, Opportunity Foundation, Disabled
Veterans, Central Oregon Intergovernmental Council, Interfaith Volunteer
Caregivers, State Volunteer Services, and the Central Oregon Council on
Aging for Fiscal Year 2000-2001
21. Signature of Resolution No. 2000-087, Transferring Appropriations from the
Capital Category to Materials and Services to Accommodate the Indirect
Service Charge for the New Citrix Project
22. Signature No. 2000-085 - removed from Consent Agenda
23. Signature of a Letter Appointing Cathy Terheggen to the Sun Mountain
Ranches Special Road District, with a Term Ending December 31, 2003
24. Signature of an Amendment for a Sub -grant, University of Oregon
Program IVDB-HB3737 Evaluation Project
- End of Consent Agenda -
22. Before the Board was Consideration of Signature of Resolution No. 2000-
085, Adopting Supplemental Budget #2 of the Fiscal Year 2000-01
Deschutes County Budget, and Making Appropriations.
Marty Wynne indicated that room tax funds are not a part of the supplemental
budget for this year, but will benefit the general fund next year.
Susan Mayea stated that the room tax funds and the grant/loan from the State
for the Fairgrounds parking lot, there are no other changes.
DEWOLF: I move approval.
SWEARINGEN: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 4 of 11 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
25. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $849.45.
DEWOLF: I move approval, subject to review.
SWEARINGEN: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
26. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$3,782.67.
DEWOLF: I move approval, subject to review.
SWEARINGEN: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
27. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $575,049.32.
DEWOLF: I move approval, subject to review.
SWEARINGEN: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
2. Before the Board was a Public Hearing and Consideration of Signature of
Ordinance No. 2000-035 and Ordinance No. 2000-036, Amending Title 23
of the Deschutes County Code.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 5 of 11 Pages
Catherine Tilton explained that the adoption of these ordinances would revise
the ESEE (Environmental, Social, Economic and Energy) Analysis i:or
Surface Mining Site No. 496, which would revise Winter Operation
Conditions (Applicants: Hap Taylor & Sons and Jack Robinson & Sons).
Commissioner Swearingen summarized the pre -hearing statement, which is to
be Exhibit A of these Minutes.
Commissioner DeWolf stated he has had no pre -hearing contacts.
Commissioner Swearingen also stated that she has had no pre -hearing
contacts.
Commissioner Swearingen asked the audience if there were any challenges to
these statements. None were offered.
Catherine Tilton indicated that the properties are located approximately
fourteen miles east of Bend, off Highway 20. (She used an oversized map of
the properties and vicinity to explain their location.) She further stated that
Jack Robinson wants to expand general operations as well as crushing and
blasting on the site; Hap Taylor just wants to expand general operations.
This revises what they are allowed to do, taking into account the deer
migration counts and other restrictions. The Oregon Department of ;Fish and
Wildlife will track operations, and will advise the County that the operation(s)
must shut down if it is deemed that is appropriate. This action amends map
plans and the ESEE amendments currently on file. There was a public hearing
in September, and the County heard only from the applicants; the Hearings
Officer issued a decision in October in favor of applicants' requests. Their
attorney has asked for an emergency clause.
Chair Linda Swearingen opened the public hearing at 10:25.
Nancy Craven, the attorney representing both applications, said she had
nothing else to add, and asked that the Board adopt these ordinances.
Being no further input offered, Chair Linda Swearingen closed the public
hearing at 10:27 a.m.
DEWOLF: I move approval of the first reading of the plan
amendment by adoption of Ordinance No. 2000-035, by
title only, declaring an emergency.
SWEARINGEN: Second.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 6 of 11 Pages
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
Chair Linda Swearingen then did the first reading of the ordinance, by title
only, declaring an emergency.
Chair Linda Swearingen then did the second reading of the ordinance, by
title only, declaring an emergency.
SWEARINGEN: I move adoption of Ordinance No. 2000-035.
DEWOLF: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
DEWOLF: I move approval of the first reading of the plan
amendment by adoption of Ordinance No. 2000-036, by
title only, declaring an emergency.
SWEARINGEN: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
Chair Linda Swearingen then did the first reading of the ordinance, by title
only, declaring an emergency.
Chair Linda Swearingen then did the second reading of the ordinance, by
title only, declaring an emergency.
SWEARINGEN: I move adoption of Ordinance No. 2000-036.
DEWOLF: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
ADDITIONS TO THE AGENDA:
a) Before the Board was Consideration of Approval of an Application for
Deschutes County to the "All American City" Award.
Dave Anderson gave an update on an earlier grant endeavor. Several weeks
ago there was a presentation given on a "Drive to Survive" proposal allowing
and intending to get funding for a second skid car. This vehicle would be
utilized to train Deschutes County high school students.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 7 of 11 Pages
b)
C)
He indicated he has spoken with representatives of State Farm Insurance
Company, which is holding a conference this week to discuss grant
allocations. He stated State Farm is going to a decentralized system., which
will enable their agents to be more able to make decisions locally; and this
sounds promising.
Regarding "All American City" Award for 2001, he asked the Board. for
permission to pursue applying for this award, at the County level. He
explained that there is a trip to Washington D.C. to receive such an award. He
also said that he feels confident that this will be a straight -forward proposal, as
the Commission on Children and Families is working on a community plan
that fits nicely with the format of the award application.
The Commissioners indicated they would be pleased if he would continue his
work on this.
Before the Board was Consideration of Approval of a Business Loan to
the Deschutes County Historical Society.
Susan Mayea indicated the loan would be in the amount of $165,000, at no
interest, for three months.
Commissioner DeWolf asked what happens if they are unable to pay within that
time period. Susan Mayea replied that the building is collateral; however, a
clause could be added that would indicate the interest rate would go to 8% at
that time. She also indicated they have a lot of grants in the works at this time.
DEWOLF:
S WEARINGEN:
VOTE: DEWOLF
With that change I move approval, subject to legal
review.
Second.
SWEARINGEN:
Yes.
Chair votes aye.
Before the Board was Consideration of Acceptance of an Offer to
Purchase Property in La Pine Industrial Park.
Susan Mayea gave an overview of the property (she presented an oversized
map). She stated there are actually 22 acres involved, but because of a
hundred -foot utility easement and a road, only 15.64 are useable acres.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 8 of 11 Pages
She said the cost for the County to develop would net about $10,000 per acre.
She has told the prospective purchaser that the County wants at least: $10,000
per acre, and they offered $6,000 per acre. She suggested a counter-offer.
Commissioner DeWolf asked that this be held off until next week's
administrative liaison so that he would have some time to review the:
paperwork.
d) Before the Board was a Discussion on Interest Rates for Commercial
Paper.
Marty Wynne stated that two things have changed. The County has added
some banks that it does business with in the collection of taxes, and has
increased the percentage allowable for commercial paper up to 20% from
10%. The state does not have to approve those changes; Board approval is all
that is needed.
e) Before the Board was a Discussion on an Intergovernmental Agreement
with the City of Redmond for the Justice Court to Assume the Functions
and Duties of Redmond Municipal Court.
Mike Maier said the Board discussed this intergovernmental agreement on
Monday, and on Tuesday night the City of Redmond approved it.
Judge Forte' said the numbers have picked up, but that we will have to wait to
see what the revenues are.
f) Before the Board was a Discussion regarding the Application for
Grant/Loan Funding to the Oregon Economic Development Department
for the New Parking Lot at the Deschutes County Fairgrounds and Expo
Center.
Rick Isham stated that the grant package needs to be in today's mail; a part of
the package is the current budget, the supplemental budget just approved, and
three years of audits. He stated he has spoken with the OEDD about the
estimated costs, and it is their hope that the project will come in at a lower
amount. He wants to be sure that if the County reduces the applicant's
participation, it doesn't automatically reduce the grant amount.
Minutes of Board Meeting
Wednesday, December 13, 2000 Page 9 of 11 Pages
g)
He further said that regulations under special public works limits the grant to a
capacity project by $250,000. Several people said there was some discussion
about a $500,000 grant, and he will reference the $500,000 amount in the
letter.
Commissioner Swearingen stated that the State has made promises and the
County moved forward in good faith; and they need to keep their word.
Rick Isham said that since the County is already starting to expend funds, he
talked with bond counsel yesterday for a form reimbursement order, which
can go back 60 days.
Commissioner DeWolf stated that he had asked Representative Ben Westlund
this morning to check on the fifty-fifty split; and that every indication the
County has gotten states the amount can be up to $500,000.
Rick Isham said he can't figure out why the special public works would even
apply, as those relate to sewer, water, and those kinds of improvements. He
further stated that it might be that they would process the County's request
under some other kind of grant/loan project. He further explained that he
doesn't believe it will be funded until there is a land use permit.
DEWOLF: I move approval of the application package.
SWEARINGEN: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
Before the Board was Consideration of a Credit Contract with IBM.
Dave Peterson indicated this computer replacement contract is necessary, but
it was not budgeted for this fiscal year.
SWEARINGEN: I move approval.
DEWOLF: Second.
VOTE: DEWOLF Yes.
SWEARINGEN: Chair votes aye.
Minutes of Board Meeting
Wednesday, December 13, 2000
Page 10 of 11 Pages
h) Before the Board was Consideration of Signature of Resolution 2000-091,
Declaring the County's Intent to Issue Bonds to Reimburse the County
for Certain Expenditures for the Deschutes County Fairgrounds Parking
Expansion.
S WEARINGEN: I move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
Being no further input offered, Chair Linda Swearingen adjourned the meeting at
10: 45 a.m.
Dated this 13th Day of December 2000 for the Deschutes County Board of
Commissioners.
ATTEST:
Minutes of Board Meeting
Wednesday, December 13, 2000
Ainda L. Swe ring air
Dennis R. Luke, Commissioner
I--- d
Tom DeWolf, Co issione:r
Page 11 of 11 Pages
Both Ordinances 2000-35 and —36
Introduction
Wednesday, December 13, 2000
This is a hearing on Ordinance Numbers 2000-35 and -36, Amending
Title 23 of the Deschutes County Code, Revising the ESEE (Economic,
Social, Environmental, and Energy) for Surface Mining Sites 496 and 600 that
incorporates revisions to winter mining operations at each of these two sites.
Adopting these ordinances also amends the applicants' Site Plans for surface
mining operations at the sites to reflect the proposed changes to each of the
ESEE analysis.
Ordinance 2000-35: The applicant requested approval of a Plan
Amendment, PA -00-8, to amend the ESEE analysis for Surface Mining Site
496 for changes to the operations of the mining site in the winter months,
from December 1St to April 30th each year. Applicant also requested
approval to amend the Site Plan, SP -00-32, for surface mining operations
on this site to reflect the proposed changes to the ESEE analysis.
Surface Mining Site 496 is located at 25255 Horse Ridge Frontage Road,
Bend and identified on the County Assessor's map 19-14-00 as tax lot 500.
The Site is 120 -acres, and zoned Surface Mine with a Wildlife area
Combining Zone as it is located in the North Paulina deer winter range.
Ordinance 2000-36: The applicant requested approval of a Plan
Amendment, PA -00-9, to amend the ESEE analysis for Surface Mining Site
600 for changes to the operations of the mining site in the winter months,
from December 1 st to April 30th each year. Applicant also requestE:d
approval to amend the Site Plan, SP -00-33, for surface mining opE.,rations
on this site to reflect the proposed changes to the ESEE analysis.
Surface Mining Site is located at 25425 Horse Ridge Frontage Road,
Bend, and is identified on the County Assessor's map as 19-14-00, tax lot
700. Site 600 is about 182 -acres, and zoned Surface Mine with a Wildlife
area Combining Zone as it is located in the North Paulina deer winter
range.
The Plan Amendment and Site Plan applications for each of these two
surface mines were previously considered by the Hearings Officer after
public hearings were held on September 19, 2000. Evidence and
Page 1
- 3 cO
Both Ordinances 2000-35 and —36 Wednesday, December 13, 2000
testimony were received at these hearings. The Hearings Officer approved
both these requests submitted by the applicants.
Burden of Proof and Applicable Criteria
The applicant has the burden of proving that it is entitled to the land use
approval sought. The standards applicable to the applications before use
are displayed on the overhead.
Hearing Procedure
The procedures applicable to this hearing provide that the Board of County
Commissioners will hear testimony, receive evidence, and consider the
testimony, evidence, and information submitted into the record of this
hearing as well as that evidence constituting the record before the
Hearings Officer. The record developed to this point is available for public
review at this hearing.
Testimony and evidence at this hearing must be directed toward the criteria
set forth in the notice of this hearing and listed on the overhead.
Testimony may be directed to any other criteria in the comprehensive land
use plan of the County or land use regulations which any person believes
apply to this decision.
Failure on the part of any person to raise an issue with sufficient specificity
to afford the Board of County Commissioners and parties to this
proceeding an opportunity to respond to the issue precludes appeal to the
Land Use Board of Appeals on that issue.
Order of Presentation
The hearing will be conducted in the following order. The staff will give a
report of the prior proceedings. The applicant will then have an opportunity
to make a presentation and offer testimony and evidence. Opponents will
then be given a chance to make a presentation. After both proponents and
opponents have made a presentation, the proponents will be allowed to
make a rebuttal presentation. At the board's discretion, opponents may be
recognized for a rebuttal presentation. At the conclusion of this hearing,
Page 2
Both Ordinances 2000-35 and —36 Wednesday, December 13, 2000
the staff will be afforded an opportunity to make any closing comments.
The board may limit the time period for presentations.
Questions to and from the chair may be entertained at any time at the
board's discretion. Cross-examination of witnesses will not be allowed.
However, if any person wishes a question be asked of any person during
that person's presentation, please direct such question to the chair after
being recognized. The Chair is free to decide whether or not to ask such
questions of the witness.
Pre -hearing contacts
I will now direct a question to other members of the Board of County
Commissioners. If any member of the board, including myself, has had
any pre -hearing contacts, now is the time to state the substances of those
pre -hearing contacts so that all persons present at this hearing can be fully
advised of the nature and context of those contacts and with whom contact
was made. Are there any contacts that need be disclosed?
At this time, do any members of the board need to set forth the substance
of any ex parte observations of facts of which this body should take notice
concerning these applications?
Any person in the audience has the right during the hearings process to
rebut the substance of any communication or observation that has been
placed in the record.
Challenge for Bias. Prejudgment, or Personal Interest
Any party prior to the commencement of the hearing may challenge the
qualifications of the Board of County Commissioners or any member
thereof of bias, prejudgment or personal interest. This challenge must be
documented with specific reasons supported by facts.
I will accept any challenges now.
Page 3
Both Ordinances 2000-35 and —36 Wednesday, December 13, 2000
Should any board member 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 the appeal.
(Hearing no challenges, I shall proceed)
Page 4
