2002-200-Minutes for Meeting March 25,2002 Recorded 3/28/2002DESC
COUNTY OFFICIAL
MARYSUEHSPENHOLLOW, COUNTYRCLERKS
ES c 2002.100
k4,
COMMISSIONERS' JOURNAL
03/18/100103;41;53 PM
pABoard of Commissioners
AAA
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 WORK SESSION Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, MARCH 25, 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly.
Also present were Mike Maier, County Administrator; Timm Schimke, Solid Waste
Department; Tom Blust, Road Department; Chris Schmoyer, Catherine Morrow,
Kevin Harrison, Community Development; Ethel Stratton, Sheriff's Office; Rick
Isham and Laurie Craghead, Legal Counsel; Susan Mayea Ross, Commissioners'
Office; Media Representatives Mike Cronin of the Bulletin and Barney Lerten of
bendnet.com; and six citizens.
Chair Tom De Wolf opened the meeting at 10:03 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Discussion of the Reading of a Proclamation
(Scheduled for Wednesday, March 27), Declaring April 1, 2002 at Loismae
Benson Day in Deschutes County
This proclamation will be read on Wednesday.
3. Before the Board was Discussion of the Reading of a Proclamation
(Scheduled for Wednesday, March 27), Declaring the Week of April 1
through 7 as Public Health Week in Deschutes County
This proclamation will be read on Wednesday.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 1 of 11 Pages
Quality Services Performed with Pride
4. Before the Board was Discussion and Consideration of Approval of the
Central Oregon Community Investment Biennium Plan -
Susan Ross indicated this would be presented on Wednesday.
5. Before the Board was Discussion of a Remand Hearing (Scheduled for
Wednesday, March 2on the Barclay Meadows/Sisters School District
UGB Expansion
Chris Schmoyer explained that this is a hearing on remand. The Board had
previously approved a decision to include these properties within the UGB of
the City of Sisters. (He referred to an oversized map at this time.) The remand
is on one issue out of 27, and has to do with a transportation issue; the remand
hearing is limited de novo to this issue only.
Chair DeWolf stated that within the proposal in this document, Exhibits J & K
are identical. He asked that Legal Counsel give an opinion on whether these
two exhibits cover the issues remanded by LUBA. Laurie Craghead said she
would have this information to the Board before Wednesday.
6. Before the Board was Discussion and Consideration of a Decision Whether
to Hear an Appeal of the Hearings Officer's Decision to Deny a
Conditional Use Permit to Establish a Non-farm Dwelling on a 20 Acre
Parcel in the EFU-TRB Subzone (Applicants: Eugene & Barbara Prete)
Chris Schmoyer referred to an oversized aerial photograph of the area and an
oversized map of the area. He said the applicants have requested a de novo
hearing. They have water rights, and the soil is designated as sandy loam.
They wish to locate their residence where the land is not irrigated, on land that
is not of a high value. They already have a well on their property. (A brief
discussion then occurred regarding the site plan and where on the property the
residence would be located.)
Chair DeWolf asked what impact would HB 3326 have on this issue. Chris
Schmoyer indicated that the parcel is too small to be impacted. A brief
discussion then occurred regarding how this issue compares with the Sheehan
decision (as referred to in the information packet provided by staff).
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 2 of 11 Pages
Commissioner Luke said it could be helpful if there was a map showing the
homes located on land in the area. He asked if this could be added.
Laurie Craghead explained that if the Board decides to hear it de novo, then the
map could be entered into the record; unless such a map is already in the record.
She said the Board needs to decide whether to hear this based upon the notice of
appeal, the record established before the Hearings Officer, and the staff report.
7. Before the Board was a Discussion and Consideration of Approval of a Fee
Waiver Request from Central Oregon Parks & Recreation District
regarding the Submittal of a Site Plan Application
Chris Schmoyer explained that this would allow them four 1200 -watt light
poles, to be used for BMX bike racing events at night. The property is located
just east of Redmond.
Commissioner Luke asked what the policy of Community Development
Department is regarding fee waivers. Chris Schmoyer replied that the group or
individual usually needs to show the Board that there is a hardship.
Commissioner Luke asked if this group has a tax base; Mr. Schmoyer said they
are a non-profit organization.
Commissioner Luke stated that the lights on a ball field would probably
generate at a minimum a public hearing, unless the neighbors have approved of
these lights. He said it sounds like this issue will require a lot of work be done
by Community Development.
Chris Schmoyer replied that they would try to process this administratively
unless there is negative input received from the neighbors. He said they do not
charge SDC's, and operate the complex based on grant funds.
Commissioner Luke explained that Community Development is currently
spending more money than it is taking in. He said that this organization
voluntarily quit collecting SDC's that would have paid for this. He stated he
didn't believe this issue could be handled administratively. Chris Schmoyer
said he would find out if they would like to attend Wednesday's meeting to
explain further.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 3 of 11 Pages
8. Before the Board was Discussion of a Public Hearing and Consideration of
the First Reading of Ordinance No. 2002-001 and Ordinance No. 2002-002,
Revisions to the Comprehensive Plan and Zoning Ordinance for the Rural
Service Centers of Alfalfa, Brothers, Hampton and Millican (to Comply
with State Rule regarding Unincorporated Communities)
Catherine Morrow explained that this would be a public hearing on Wednesday.
She said that this only addresses the specific service center areas of these
communities. The original maps were crudely drawn, and Administrative Rule
says they have to be clearly identified. This action would just clearly identify
the boundaries.
The existing zoning was either rural service center or rural service center 5 -acre
minimum, with two comp plan maps and two zoning maps. The proposal is to
do away with the two zones and create a single zone that allows for commercial
and rural service center zones. She said commentator Andy Andrews expressed
concern about the Alfalfa area. Originally Community Development noticed
out 200 feet from the perimeter of the commercial boundary, but the last notice
went out two miles, which takes in most of the land and residences up to the
public lands.
There was a public hearing on February 7, which resulted in a community
meeting in Alfalfa to address the concerns of the citizens. Mr. Andrews did not
attend that meeting. The public hearing was continued in Alfalfa with the
Planning Commission, and Mr. Andrews was at that meeting.
The Planning Commission recommends the proposal now before the Board of
Commissioners. The outstanding issue is whether Alfalfa should be zoned in its
entirety as this mixed zone. Ms. Morrow urged the Board to ask any people
who wish to testify what it is they want. This land only totals about 21 acres;
one of the larger pieces is a gravel pit owned by Central Oregon Irrigation, and
another large piece is owned by shareholders of the local water district.
Another portion of this acreage is the community hall property.
She said the community might want to split the zoning to limit it to the
commercial portion only. The minimum size was reduced per the
recommendations of people living in the community and environmental health;
this would be an acre, within the boundary of this rural service center.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 4 of 11 Pages
Chair DeWolf asked if someone had a ten -acre piece of land, could they divide
it into one -acre parcels. Ms. Morrow said theoretically, but they would have to
meet all the water and septic system issues to get a partition.
9. Before the Board was a Discussion and Consideration of Chair Signature
of State Department of Environmental Quality Agreement No. 096-02, a
Solid Waste Planning and Recycling Grant Program Agreement with
Deschutes County
Timm Schimke explained that this is for expanding home composting education
activities. This was placed on Wednesday's Consent Agenda.
10. Before the Board was a Discussion of a Public Hearing (Scheduled for
Wednesday, March 2on the Gift Road Local Improvement District
11. Before the Board was a Discussion of a Public Hearing (Scheduled for
Wednesday, March 27) on the Mountainview Road Local Improvement
District
Tom Blust explained that there has been a lot of support for both of these
districts, and they only received a few remonstrance letters regarding both.
12. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-054, Surrendering a Portion of NE Hemlock Avenue to the
City of Redmond
This was placed on Wednesday's Consent Agenda.
13. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-052, Correcting a Typographical Error in Exhibits to
Original Order No. 2001-009
This was placed on Wednesday's Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 5 of 11 Pages
14. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-011, Accepting a Petition to Vacate a Portion of 19th
Street in Terrebonne; and Accepting the Engineer's Report on Said Vacation
This was placed on Wednesday's Consent Agenda.
15. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-042, Setting a Public Hearing Relating to the Vacation of a
Portion of 19th Street, Terrebonne
Tom Blust said this sets a hearing date of May 8. The owners of the property
also own the property on both sides.
This was placed on Wednesday's Consent Agenda.
16. Before the Board was a Discussion and Consideration of Required
Procedures and the Public Process for the Adoption of the Road
Department's Capital Improvement Program and Revisions to the
Transportation System Plan Project List
A discussion occurred as to whether this should be a land use action or a
hearing. Rick Isham said it didn't require land use action; it is just an update.
Large individual actions that come along may need a land use action. These are
all projects on the original 20 -year plan that was adopted in 1998.
This was placed on Wednesday's Consent Agenda.
17. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Paul Stell to the Noxious Weed Advisory Board
through December 31, 2004
This was placed on Wednesday's Consent Agenda.
18. Before the Board was a Discussion and Consideration of Signature of a
Sub -contract between Deschutes County and Serenity Lane through
Oregon Health Plan Chemical Dependency Contract #100499, to Provide
CODA Services
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 6 of 11 Pages
Rick Isham said that priority has been given to CDO contracts, but this one
came to him with no exhibit or attachment as referred to in the contract.
The Board asked that Dave Duncan from Mental Health attend the Wednesday
meeting.
19. Before the Board was a Discussion and Consideration of Approval of an
Amendment to the National Fire Plan Grant to Include Additional
Funding from the Oregon Department of Forestry
This item was has been delayed, and will be placed on a future agenda.
20. Before the Board was a Discussion and Consideration of Signature of a
Pedestrian Safety "Mini -Grant" between the State of Oregon and
Deschutes County, regarding the Provision of Pedestrian Safety Operations
Ethel Stratton explained that there is a severe problem in some areas with
drivers not stopping for pedestrians. This small grant will cover the cost of
overtime for "sting" operations set up by deputies.
This was placed on Wednesday's Consent Agenda.
21. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-050, Transferring Cash among Various Funds within the
Fiscal Year 2001-2002 Deschutes County Budget, and Directing Entries
This was placed on Wednesday's Consent Agenda.
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-014, Transferring Appropriations within Various
Funds of the Fiscal Year 2001-2002 Deschutes County Budget, to Complete
Construction Projects for the Human Services Building and the Becky
Johnson Community Center, and Directing Entries
This was placed on Wednesday's Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 7 of 11 Pages
23. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-015, Establishing an Imprest Checking Account for
the Health and Mental Health Departments to Allow the Handling of
Miscellaneous Disbursements to Meet Client Needs
The Board asked that Marty Wynne come to the Wednesday meeting to talk
about this item.
24. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-016, Appropriating New Federal Grant Funds (for the
Community Development Department) to the Deschutes County Budget
for Fiscal Year 2001-2002
This was placed on Wednesday's Consent Agenda.
25. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-017, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2001-2002
This was placed on Wednesday's Consent Agenda.
26. Before the Board was a Discussion and Consideration of Signature of
Resolution No 2002-018, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2001-2002
This was placed on Wednesday's Consent Agenda.
27. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-019, Appropriating New State Grant Funds for a
Health Department Part-time WIC Position
This was placed on Wednesday's Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 8 of 11 Pages
28. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-020, Appropriating New State Grant Funds for a
Health Department Half-time Medical Office Assistant Position
This was placed on Wednesday's Consent Agenda.
29. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing Individuals to the Board of Forest View Special Road
District (Ron Tate through December 31, 2003; Richard Brogdon, through
December 31, 2002; and Henry Kelley, through December 31, 2004)
This was placed on Wednesday's Consent Agenda.
30. Before the Board was a Discussion and Consideration of Approval of the
Dissolution of the Deschutes Basin Resources Committee (Inactive Since
2001)
Commissioner Luke asked that more information be given on this committee
and why it is being dissolved. This will be addressed at a future meeting when
George Read is available.
31. Before the Board was a Discussion and Consideration of Approval of the
Dissolution of the Regional Workforce Advisory Board (Inactive Since
2001)
Susan Ross explained that the function of this board has been taken over by
COIL, and the members are now appointed by COIC and not the County.
This was placed on Wednesday's Consent Agenda.
32. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Ralph Hammer, Susan Nelson and Wanda Gray to
the Special Transportation Fund Advisory Committee, through December
3192004
This was placed on Wednesday's Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 9 of 11 Pages
33. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Brance Davidson to the Board of Beaver Estates
Special Road District, through December 31, 2004
This was placed on Wednesday's Consent Agenda.
34. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Individuals to the Upper Deschutes Watershed
Council (Dennis Luke, Kyle Gorman, Ray Clarno and Rod Bonacker through
January 1, 2005; and Stephen Fitzgerald through January 31, 2003)
This was placed on Wednesday's Consent Agenda.
35. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Nancy Schlangen to the Central Oregon
Community Action Agency Network, through December 31, 2004
This was placed on Wednesday's Consent Agenda.
B. Before the Board was a Discussion and Consideration of Chair
Signature of Amendment No. 1 of the Loan Agreement between
Deschutes County and the State of Oregon Department of Economic
and Community Development, Amending Some Terms of the
Agreement and the Project Completion Date (Deschutes County Fair &
Expo Parking Project)
Susan Ross said this involves moving funds from the contingency category
to the construction category. There was $50,000 of grant money left when
the project was finished; it was used to put in fencing, a gate, stockpiling
extra gravel and paving the 19th Street entrance.
This was placed on Wednesday's Consent Agenda.
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 10 of 11 Pages
C. Before the Board was a Discussion and Consideration of Signature of a
Memorandum of Understanding between Deschutes County and the
Crook Deschutes Education Service District for Ready Set Go Program
Services
The Board asked that Dave Duncan or Suzanne Donovan attend the
Wednesday meeting.
D. Before the Board was a Discussion regarding an Upcoming Board
Decision on House Bill 3326.
Kevin Harrison explained that the Board needs to make a decision on four
issues, after which staff will translate to paper.
E. There was a general discussion regarding Governor Kitzhaber's visit to the
area last Friday, regarding which funds might be removed from the state
budget and other impacts to Central Oregon.
Being no further items brought before the Board, Chair Tom De Wolf adjourned the
meeting at 11:00 a.m.
DATED this 25th Day of March 2002 for the Deschutes County Board of
Commissioners.
ATTEST:
AU4U-,P- (§�- L,
Recording Secretary
To D olf, Chair
anis R. Lu e, Commissioner
M. Daly, Cgfnmissioner
Minutes of Board of Commissioners' Work Session Monday, March 25, 2002
Page 11 of 11 Pages