2002-151-Minutes for Meeting February 27,2002 Recorded 3/8/2002�JTES CO DESCHUTES COUNTY OFFICIAL RECORDS
MARY SUE PENHOLLOW, COUNTY CLERK VAI i
COMMISSIONERS' JOURNAL 03/08/2002 08;14;55 AM
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A Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.deschutes.org
Tom De Wolf
Dennis R. Luke
MINUTES OF MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, FEBRUARY 279 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman Street, Bend
Present were Commissioners Tom De Wolf and Dennis R. Luke; Commissioner
Michael M. Daly was excused. Also present were Mike Maier, County
Administrator; Tom Blust, Gary Judd and George Kolb, Road Department; and
George Read, Doreen Blome''Damian Syrnyk, and Paul Blikstad, Community
Development. Also attending were Ted Schassberger, Susan Ross and Jenny
Scanlon, Commissioners' Office; Marty Wynne, Finance Department; Laurie
Craghead, Legal Counsel; Media Representatives Jeff Mullens of KBND Radio,
Barney Lerten of bendnet. com, Mike Cronin of the Bulletin; and approximately
twenty citizens.
The meeting began with an entertaining performance provided by Betty Fairham -
"Granny's Show & Tell".
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Approval of the Central Oregon
Community Investment Biennium Plan.
Susan Ross indicated this has been postponed for two weeks.
Minutes of Board of Commissioners' Meeting Page 1 of 8 Pages
Wednesday, February 27, 2002
Quality Services Performed with Pride
3. Before the Board was a Public Hearing and Consideration of Signature of
Resolution No. 2002-006, Approving the Issuance of Hospital Revenue
Bonds by the Hospital Facility Authority of Deschutes County.
Chair Tom De Wolf opened the public hearing.
Doug Goe, Bond Counsel for the Hospital Authority Board, gave a brief
overview of the process and the requirements of law. Jim Lussier of St. Charles
Medical Center contributed to the discussion.
Commissioner Luke stated that the local hospitals are good partners in the
community; and that he personally felt the County's participation is not a problem.
Being no further testimony offered, Chair Tom De Wolf closed the public
hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was a Public Hearing and Consideration of the First
Reading of Ordinance No. 2002-004, Amending Title 22 of the
Development Procedure Ordinance of the Deschutes County Code in
Order to Comply with Oregon Revised Statute.
Eileen Obermiller gave a brief overview of the ordinance.
Chair De Wolf then opened the public hearing.
Being no testimony offered, Chair De Wolf closed the public hearing.
LUKE: Move first reading by title only of Ordinance No. 2002-004.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then conducted the first reading, by title only.
Consideration of the second reading and approval of the Ordinance is
scheduled for Wednesday, March 13, 2002.
Minutes of Board of Commissioners' Meeting Page 2 of 8 Pages
Wednesday, February 27, 2002
5. Before the Board was the Second Reading of Ordinance No. 2002-014,
Regarding a Text Amendment to Title 9 of the Deschutes County Code,
Reflecting the Addition of Federal Land to the Deschutes River Corridor
Restricted Area ("No Shoot Zone").
Doreen Blome' explained this is the follow-up to the February 13 meeting held
in Sunriver, and that she has not been contacted by the public about this
ordinance.
LUKE: Move second reading, by title only, of Ordinance No. 2002-014.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
Chair De Wolf then conducted the second reading, by title only, of Ordinance
No. 2002-014.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Consideration of the Continuance of An Appeal on
Appeal No. A-01-18/File No. LR -99-49, an Appeal of the Hearings Officer's
Decision on a Lot of Record Verification (Rastovich Property).
Damian Syrnyk explained that the applicant is requesting a 45 -day continuance,
which would continue this until April 11; or if the Board prefers, it can be
addressed at the regular Board meeting on April 10. This is a decision on
whether to hear this appeal.
After a brief discussion, it was decided this should be placed on the regular
agenda of the Board's April 10 meeting.
LUKE: I move that we accept the applicant's attorney's request to continue
this until April 10.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Page 3 of 8 Pages
Wednesday, February 27, 2002
7. Before the Board was Consideration of Signature of Order No. 2002-041, a
Decision to Hear de Novo an Appeal of the Hearings Officer's Decision on
File No. CU -01-96 (Non-farm Dwelling in an EFU-TE Zone; Applicant:
Canyons Land & Cattle Company, Gardner & Humphries).
LUKE: Move approval of Order No. 2002-041.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was Consideration of the First Reading of Ordinance No.
2002-011, Amending Title 15.04 of the Deschutes County Code, Building
and Construction Codes and Regulations (regarding Water Districts).
Laurie Craghead stated that the language discussed at Monday's work session
regarding making it a code violation if the building is not properly hooked up to
an approved water source has been added. She said she also spoke with legal
counsel for Central Oregon Irrigation District, who made a couple of small
changes, clarifying t hat domestic water use is too broad a term; this was
changed to "used for human consumption". This includes anything going into a
residence.
Chair DeWolf clarified that this keeps the enforcement of the water district
issue in the water districts' bailiwicks, and that the County is not involved
unless it is already involved in the enforcement of something to do with the
building permit process.
LUKE: Move first reading, by title only, of Ordinance No. 2002-011.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then did the first reading, by title only.
Consideration of the second reading and signature of Ordinance No. 2002-011
is scheduled for March 13, 2002.
Minutes of Board of Commissioners' Meeting Page 4 of 8 Pages
Wednesday, February 27, 2002
9. Before the Board was Consideration of Approval of an Agreement
regarding a Waiver of Planning Fees for the La Pine Water District
Totaling $2,525.25.
Eileen Obermiller asked that this be continued until next Wednesday.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
I O.Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$55,789.93 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,438.65 (two weeks) and Weekly Accounts Payable Vouchers
in the Amount of $1,121.47 (Construction Fund).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
12. Before the Board was Consideration of Signature of Letters Appointing
Lysa Johnson, Genevieve Waldron and Duana Johnston to the Deschutes
County 4-H/ Extension Service District Advisory Council, through
December 31, 2002.
Minutes of Board of Commissioners' Meeting Page 5 of 8 Pages
Wednesday, February 27, 2002
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
13. Before the Board was Consideration of Signature of Letters Appointing
Frank Deggendorfer, John Ahrens and Bill Kuhn; and Lysa Johnston as
Alternate, to the Deschutes County 4-H/Extension Service District Fiscal
Year 2002-2003 Budget Committee.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,111,116.23
(two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
15. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion of a Public Hearing and Consideration
of Signature of Order No. 2002-003, Vacating a Portion of Tetherow
Bridge Loop.
George Kolb stated that there has been some discussion between property owners,
but that there is no opposition to this vacation.
Chair De Wolf then opened the public hearing.
Minutes of Board of Commissioners' Meeting Page 6 of 8 Pages
Wednesday, February 27, 2002
Being no testimony offered, Chair De Wolf closed the public hearing.
LUKE: Move signature of Order No. 2002-003.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
B. Before the Board was Discussion and Consideration of Signature of Order
No. 2002-038, Declaring the Intention to Create a Local Improvement
District Known as Gift Road L.I.D.
Tom Blust explained that the County owns 120 acres of property that is
landlocked, as it is entirely surrounded by the Whispering Pines Subdivision. The
road only touches at a single point. The properties do benefit from the local
improvement district because access would be gained one way or another. (He
referred to a map at this time)
He suggested setting a public hearing now for March 27, and his department will
work on the access issue in the meantime. He explained it is much better to gain
access through negotiations rather than having to condemn property.
LUKE: Move signature of Order No. 2002-038.
DEWOLF: Second.
VOTE: LUKE:
DEWOLF
Yes.
Chair votes yes.
C. Before the Board was Discussion of Consultants on the Cellular Tower
Issue.
Damian Syrnyk said he has been investigating the potential for consultants to
work with the County on the cellular tower issue. He has contacted other firms
regarding reviewing the County's ordinance and looking at other technologies
that might be available.
He said he did a search asking general questions regarding firms that can do
this. He received some e-mail responses and spoke with representatives of two
firms; one is in Oregon and the other is in Washington, DC. He will do further
investigation to see how their qualifications stack up.
Minutes of Board of Commissioners' Meeting Page 7 of 8 Pages
Wednesday, February 27, 2002
Chair DeWolf stated that he feels the County already has a good ordinance.
Over a year ago, discussions occurred regarding ways to modify it with new
technologies.
Mr. Syrnyk said he would download Lane County's ordinance to see how it
compares with Deschutes County's.
Being no further items brought before the Board, Chair Tom DeWolf closed the
meeting at 11:10 a. m.
DATED this 27th Day of February 2002 for the Deschutes County Board
of Commissioners.
ATTEST:
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Recording Secretary
Tom DeWolf, Chair
ennis R. Luke, Commissioner
Minutes of Board of Commissioners' Meeting Page 8 of 8 Pages
Wednesday, February 27, 2002
