2002-850-Minutes for Meeting April 22,2002 Recorded 5/15/2002DESCHUTES COUNTY OFFICIAL RECORDS
ESMARY SUE PENHOLLOW, COUNTY CLERK 1iJ J
3&1( COMMISSIONERS' JOURNAL 05/15/2002 01;40;25 PM
111,
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 WORK SESSION Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 22, 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf and Dennis R. Luke; Commissioner
Michael M. Daly was ill. Also present were Jenny Scanlon, Susan Mayea Ross
and Ted Schassberger, Commissioners' Office; Scot Langton, Assessor; Paul
Blikstad, Kevin Harrison, Dave Leslie, Cathy Morrow, Christy Morgan, Steve
Miller and George Read, Community Development; Tom Blust and Roger
Olson, Road Department; Gail Bartley and Ken Mathers, Juvenile Community
Justice; Debi Harr, Commission on Children & Families; Media
Representative Mike Cronin of The Bulletin; and seven citizens.
Chair Tom De Wolf opened the meeting at 10: 00 a. m.
33. Before the Board was a Public Hearing and Consideration of the
Submission of a Grant Request to the Oregon Economic and Community
Development Department for a Deschutes County Housing Rehabilitation
Project (a Joint Project with COCAAN).
Susan Ross gave a brief overview of the grant, which entails a revolving loan
fund shared by Crook, Deschutes and Jefferson Counties, and targets the
rehabilitation of low-income housing.
Chair De Wolf opened the public hearing.
Being no testimony offered, Chair DeWolf closed the public hearing.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 1 of 12 Pages
Quality Services Performed with Pride
LUKE: I move approval of the submission of this grant request.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
34. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2002-037, Transferring Appropriations within the General
Fund for the Justice Court and Sheriffs Funds.
Susan Ross explained that this transfer is necessary due to a significant decrease
in room tax revenues. It is an anticipated amount, and will be adjusted to the
total necessary. The Justice Court transfer of funds is simply the disbursement
of revenue that has been generated.
This item was placed on the Consent Agenda for Wednesday, April 24.
1. Before the Board was Citizen Input
Jeff Rola of the Deschutes County Soil and Water Conservation District
presented two informational items to the Board. He said the local advisory
committee for the Upper Deschutes Agricultural Water Quality Management
Area Plan - which is a 12 -member citizen group - has been meeting for over a
year. They have been developing the agricultural water quality management
plan for the Upper Deschutes Basin, which comprises all of Deschutes County
and some of Klamath and Lake Counties. Their draft plan has been completed,
and he presented a copy to the Board for its consideration. He further explained
his group deals primarily with agricultural water quality management.
The second item is something the Wy'East Resource Conservation and
Development Area has been working on, along with the Deschutes Resources
Conservancy, which involves basin planning for the Upper Deschutes Basin.
He had a memorandum of understanding to present to give the Board an idea of
where they are going with those comprehensive resource -planning efforts.
He said they are looking for County participation, as well as the participation of
all of the county and local governments throughout the Deschutes Basin. He
explained that the Watershed Council is a participant in this; and this plan is for
the entire Deschutes basin, which includes all of the watershed councils, city
and county governments, soil and water districts, the tribes, and others.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 2 of 12 Pages
He further explained that it is based upon funding availability through the
Bonneville Power Administration. He said the details of this request regarding
participation are contained within the MOU, which the County can sign at their
discretion at any time.
26. Before the Board was a Discussion and Consideration of Signature of an
Indemnity Agreement for the High Desert Stage Bike Race Scheduled for
May 4 & 5, 2002.
Judy Sumners gave a brief overview of the race.
This item was placed on the Consent Agenda for Wednesday, April 24.
2. Before the Board was a Discussion of the Reading of a Proclamation
Declaring the Observation of National Youth Service Day, April 26 - 28.
This item is scheduled for the Wednesday, April 24 Board meeting.
3. Before the Board was a Discussion of the Reading of a Proclamation,
Declaring May 2, 2002 Central Oregon Volunteer Appreciation Day.
This item is scheduled for the Wednesday, April 24 Board meeting.
4. Before the Board was a Discussion of a Presentation, "Back to Home
Waters", by Brad Chalfant, Deschutes Basin Land Trust.
This item is scheduled for the Wednesday, April 24 Board meeting.
5. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-030, Adopting the Oregon Department of Revenue
Assessment Taxation Grant Application for 2002-03, and Designating a
County Contact Person for the Grant Application.
Scot Langton explained that this is an annual application, and the amount is
based on the Clerk's recording fees.
This item was placed on the Consent Agenda for Wednesday, April 24.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 3 of 12 Pages
6. Before the Board was a Discussion and Consideration of Approval of a
Byrne Grant Application for Funding to Support a Coordinated System
Response to Juvenile Domestic Violence Issues.
Gail Bartley and Ken Mathers of the Juvenile Community Justice Department
gave a brief explanation of the grant, how it would be funded and whom the
program would serve.
LUKE: I move approval of the submission of this grant request.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of a
Federal Highway Project Agreement for the Reconstruction of Road 45
between Sunriver and Mt. Bachelor.
Tom Blust gave an overview of the project, which encompasses about 13 miles
at a total cost of $6.4 million. The County is to provide $1 million, and will
take over maintenance. It is scheduled to begin in 2005.
This item was placed on the Consent Agenda for Wednesday, April 24.
8. Before the Board was a Discussion and Consideration of Signature of a
Bureau of Land Management Right -of -Way Grant for a Portion of
Mountainview Road.
Tom Blust said that the Local Improvement District was just approved. This
section of road was on the original plat and has been used for years, and this
action just clarifies the situation.
This item was placed on the Consent Agenda for Wednesday, April 24.
9. Before the Board was a Discussion and Consideration of Signature of a
Deed Conveying an Uneconomic Remnant Parcel resulting from the
Deschutes Junction Overcrossing Project to a Private Party.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 4 of 12 Pages
Tom Blust said this was purchased years ago, during the land use and right of
way acquisition in this location. A lot line adjustment was done, and this
portion can be conveyed.
This was placed on the Consent Agenda for Wednesday, April 24.
10. Before the Board was a Discussion and Consideration of Chair Signature
of an Intent to Award an Asphalt Coated Crush Rock Contract to Hooker
Creek Asphalt & Curbing, LLC (the Apparent Qualified Low Bidder).
Roger Olson said they were able to get a better price than expected.
This item was placed on the Consent Agenda for Wednesday, April 24.
11. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-062, Establishing a Speed Zone of 35 MPH on NW 21"
Street, Redmond.
This item was placed on the Consent Agenda for Wednesday, April 24.
12. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-061, Establishing a Speed Zone of 35 MPH on NW 25th
Street, Redmond.
This item was placed on the Consent Agenda for Wednesday, April 24.
13. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-060, Establishing a Speed Zone of 35 MPH on NW
Rimrock Street, Redmond.
This item was placed on the Consent Agenda for Wednesday, April 24.
14. Before the Board was a Discussion of a Public on Measure 7; and
Discussion of Ordinance No. 2002-017, regarding Private Property
Compensation Procedures.
George Read indicated this would likely need to be postponed again.
This is scheduled for the Wednesday, April 24 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 5 of 12 Pages
15. Before the Board was a Discussion and Consideration of Signature of an
Amendment to an Intergovernmental Agreement between Deschutes
County and Jefferson County, Revising Services that Deschutes County
Provides and Extending the Termination Date.
George Read said this extends an existing agreement and adds plan review
services. Jefferson County is planning to recruit employees soon, but they are
short -handed right now and need to contract with Deschutes County.
LUKE: I move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-066, Assigning the Name of Zodiac Lane to an Unnamed
Access Road (near Young Avenue).
This item was placed on the Consent Agenda for Wednesday, April 24.
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-064, Changing the Name of this Portion of River Loop
Drive to River Point Court (near Fall River).
This item was placed on the Consent Agenda for Wednesday, April 24.
18. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-069, Changing the Name of this Portion of 3rd Street to
Robin Lane (near La Pine).
This item was placed on the Consent Agenda for Wednesday, April 24.
19. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-068, Assigning the Name of Ranch Place to an Unnamed
Access Road (near La Pine).
This item was placed on the Consent Agenda for Wednesday, April 24.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 6 of 12 Pages
20. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-067, Changing the Name of 73rd Street to 74th Lane (near
Young Avenue).
This item was placed on the Consent Agenda for Wednesday, April 24.
21. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-065, Assigning the Name of Penny Lane to an Unnamed
Access Road (off Tumalo Road).
This item was placed on the Consent Agenda for Wednesday, April 24.
22. A Discussion Regarding the Continuation of a Public Hearing (Continued
From March 27) 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).
Christy Morgan explained that a petition of some kind is to come to the Board
on Wednesday. Commissioner Luke said that the decision follows the general
consensus of the residents of Alfalfa who participated in the recent community
forum. Catherine Morrow stated that a number of people seem to wish the
commercial zone to be a two -acre minimum instead of a one -acre minimum,
although the current zoning is at a 6,000 square feet minimum. The one -acre
minimum is more restrictive than what is in place now.
The Commissioners indicated that CDD staff did a great job on their meetings,
and it has been a very thorough process.
This is scheduled for the Wednesday, April 24 Board meeting.
23. Before the Board was a Discussion and Consideration of the Adoption of
Ordinance No. 2002-016 and Ordinance No. 2002-020, Implementing
Amendments to Title 18 and 23 to Address House Bill 3326.
Kevin Harrison noted that the mailing list for this issue was 116 pages in length,
and should have notified everyone who is interested.
This is scheduled for the Wednesday, April 24 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 7 of 12 Pages
24. Before the Board was a Discussion and Consideration of the Adoption, by
Emergency, of Ordinance No. 2002-009 and Ordinance No. 2002-010,
Amending the Deschutes County Code to Add a Transferable Development
Credit Program (Regarding the La Pine "New Neighborhood').
Dave Leslie said that staff needs input from the Commissioners regarding the
initial offer period, the amount for options, minor revisions to text amendment,
and other element is additions to conservation district. He said these have been
discussed before.
George Read explained that Kyle Gorman, the local Watermaster, said that
Oregon law indicates no permit is needed to irrigate up to one-quarter acre of
land. Thus, the owners of each lot could drill a well. The question is whether
this situation could be used for water mitigation banking in the future; this is
not the case under current law. In the new neighborhood, property owners
have to obtain water rights. The issue before the Board is whether to allow
wells on the properties. Commissioner Luke said this has to do more with state
law. Mr. Read said that the well issue came up late in the process.
Dave Leslie said the issue is whether this should be an allowed or a prohibited
use. Commissioner Luke said if someone has livestock on the property, they
need water. Mr. Leslie said that a limitation on the number of livestock allowed
has been included, based on public testimony. He further said that the
recommendation is to take the water issue under advisement; these documents
would not be included at this time. Commissioner Luke clarified that there
would be an opportunity to talk about and vote on this issue later.
Dave Leslie said they have received a dozen or so calls from interested parties.
He then gave the Board a draft of the handout, for the public to review to gain a
better understanding of the program.
This is scheduled for the Wednesday, April 24 Board meeting.
25. Before the Board was a Discussion and Consideration of Signature of an
Order Rescinding Order No. 2002-056 and Canceling the Public Hearing
for the Walker Annexation into the Deschutes County Rural Fire
Protection District (the Petition is to be Resubmitted).
This item was placed on the Consent Agenda for Wednesday, April 24.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 8 of 12 Pages
26. Before the Board was a Discussion and Consideration of Signature of an
Indemnity Agreement for the High Desert Stage Bike Race Scheduled for
May 4 & 5, 2002.
This item was placed on the Consent Agenda for Wednesday, April 24.
27. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-036, Declaring the Intent of Deschutes County to
Transfer Real Property to Newberry Area Habitat for Humanity.
Tammy Credicott said this is the donation of one parcel in the Oregon Water
Wonderland subdivision. George Read expressed some concern regarding the
future of the OWW sewer system. Roger Metzger of Habitat for Humanity said
that the group is developing another lot in La Pine first, and plans to work on
this one in the fall. Ms. Credicott recommended that a deed restriction be
attached to this parcel indicating that Habitat must wait until the new OWW
system is in place prior to building, instead of putting in the already -approved
sand filter system. Habitat indicated they would be happy to comply with this
restriction.
This is scheduled for the Wednesday, April 24 Board meeting.
28. Before the Board was a Discussion and Consideration of Signature of a
Deed and Dedication to the Public and Acceptance of a Right -of -Way of a
Portion of Young Avenue (a Landlocked Parcel Located between Bend and
Redmond).
Tammy Credicott said this is a very small parcel of land, which was received
through a foreclosure proceedings a long time ago; it is in essence a dirt road
accessing landlocked properties, and has been used for this purpose for years.
This item was placed on the Consent Agenda for Wednesday, April 24.
29. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-031, Transferring Appropriations within the
Deschutes County General Fund to Cover the Purchase of Office
Equipment, and Directing Entries.
This item was placed on the Consent Agenda for Wednesday, April 24.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 9 of 12 Pages
30. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-035, Transferring Appropriations within Various
Funds of the Fiscal Year 2001-2002 Deschutes County Budget (regarding a
GISIWebsite Programmer Position), and Directing Entries.
This item was placed on the Consent Agenda for Wednesday, April 24.
31. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-034, Transferring Appropriations within the
Deschutes County Solid Waste Budget, and Directing Entries.
This item was placed on the Consent Agenda for Wednesday, April 24.
32. Before the Board was a Discussion and Consideration of Signature of an
Ordinance Revising the County Room Tax Ordinance to Permit the Tax
Administrator to Waive Penalties for Delinquent Room Taxes.
This is scheduled for the Wednesday, April 24 Board meeting.
33. Before the Board was a Discussion of a Public Hearing and Consideration
of the Submission of a Grant Request to the Oregon Economic and
Community Development Department for a Deschutes County Housing
Rehabilitation Project (a Joint Project with COCAAN).
This item was addressed earlier in this meeting.
34. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2002-037, Transferring Appropriations within the General
Fund for the Justice Court and Sheriff s Funds (Due to a Decrease in Room
Tax Revenue).
This item was addressed earlier in this meeting.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 10 of 12 Pages
35. Before the Board was a Discussion and Consideration of Signature of a Letter
Reappointing George Turner to the Board of Deschutes River Recreation
Homesites Special Road District No. 6, through December 31, 2002.
This item was placed on the Consent Agenda for Wednesday, April 24.
36. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Evelyn Ward to the Board of Special Road District No. 8.
This item was placed on the Consent Agenda for Wednesday, April 24.
37. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing Jack Mills and Wes Parrin, and Reappointing Richard
Ferini, to the Board of the Four Rivers Vector Control District.
This item was placed on the Consent Agenda for Wednesday, April 24.
38. Additions to the Agenda.
Before the Board was a Discussion and Consideration of Signature of
Amendment No. 2 of a Grant Agreement between the Oregon
Commission on Children & Families and Deschutes County, Adjusting
Funding Amounts.
Debi Harr explained that this amendment reflects budget cuts. The state has
indicated it will not provide funding until this has been signed.
LUKE: I move approval, subject to legal review.
DEWOLF: Second.
VOTE: LUKE: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair Tom De Wolf adjourned the
meeting at 11:05 a.m.
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 11 of 12 Pages
DATED this 22nd Day of April 2002 for the Deschutes County Board of
Commissioners.
ATTEST:
65uut� �'�
Recording Secretary
Tom De oIf, Chair
ennis R. Luke, Commissioner
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Mica 1 M. baiy,
/ ommissioner
Minutes of Board of Commissioners' Work Session Monday, April 22, 2002
Page 12 of 12 Pages