2002-1070-Minutes for Meeting July 24,2002 Recorded 7/30/2002DESCHUTES COUNTY OFFICIAL RECORDS Q 70021010
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL 07/30/2001 01;09;51 PM
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DESCHUTES COUNTY CLERK
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Board of Commissioners
N
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, JULY 24, 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 Paul Blikstad, Doreen Blome''Christy Morgan, Community
Development; Timm Schimke, Solid Waste Department; Dan Despotopulos,
Fairgrounds and Expo Center; Laurie Craghead and Rick Isham, Legal Counsel;
Media Representatives Barney Lerten of bend com and Mike Cronin of the
Bulletin; and seven citizens.
Chair Tom DeWolf opened the meeting at 10:02 a.m.
1. CITIZEN INPUT
None was offered.
2. Before the Board was a Public Hearing for Consideration of Approval of
Order No. 2002-088, a Petition for the Designation of Territory as
"Crosswater No Shooting District", and Setting Fees.
Doreen Blome' explained that the formation fees are $78, and are typically paid
by the applicant. This designation would prohibit anyone from shooting
firearms within the boundaries of the designated area.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 1 of 10 Pages
Quality Services Performed with Pride
RICH HADLEY, CITIZEN:
Some areas allow shooting. The people in Crosswater choose to build and
move into the area. This was originally an area that allowed shooting. I don't
think this group has legal jurisdiction over an open waterway like that.
LUKE:
The applications for these come from the people, who have to be in a platted
subdivision. How could you discharge a firearm without being near homes?
HADLEY:
I think you should be able to shoot if you're more than 500 feet from residences.
This is getting carried away.
LUKE:
The National Rifle Association helped to pass laws in this regard through the
legislature in 1997. The only part of the area closed to shooting is shown in
green. (He referred to an oversized map showing the district and the general
area.) The river runs through the middle of the subdivision.
HADLEY:
There's a lot of space between the houses.
LUKE:
There is a major different in the law regarding a no shooting zone. Discharging
the firearm is the violation. This is the purpose of a no shooting zone.
HADLEY:
I understand that the adjacent area is a no shooting zone, too. There are only a
few places left where you can shoot. There are no houses in part of it already,
where shooting had been allowed. People who build there should have know it
is a shooting area. It was forever.
DEWOLF:
This happens all the time. Things change as the area grows, and we respond as
appropriate.
HADLEY:
How much distance do you have outside the high water mark? The river is
public.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 2 of 10 Pages
LUKE:
We worked on this issue in the area around Sunriver, and hunting groups and
the U.S. Forest Service worked with it on us. They were supportive.
HADLEY:
There's only a small area left available. It's marshland that won't be built on.
LUKE:
But it is inside a subdivision.
CATHERINE SMITH (Crosswater Community Management):
There are two small areas in the area where shooting had been allowed. The
area he is discussing is right behind the clubhouse. As you look at the existing
no shooting zones, there are only two small areas that are allowed at this point.
Members of Ducks Unlimited and the NRA attended the meetings. All of the
indicated area is within the subdivision, per the Surveyor's records.
Being no further testimony offered, Chair DeWolf closed the public hearing.
DOREEN BLOME':
You can float the river, but the Surveyor's records show this as the platted
subdivision of Crosswater. No other testimony has been offered up to this point.
I'd like to say that it is a fact that if a person is on the opposite side of the
property on public land and fire a weapon, that bullet can travel well over a mile.
In addition, it's a matter of the noise problem for people in the residential areas.
LUKE: Move approval, including the payment of the formation fee.
DALY: Bullets don't follow any lines when they get discharged. I second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
3. Before the Board was Consideration of the Second Readings and Adoption
of Ordinance No. 2002-027 and Ordinance No. 2002-028, Amending the
Comprehensive Plan and Zoning Regulations for the Rural Service Centers
of Whistlestop and Wildhunt (to Comply with State Rules regarding
Unincorporated Communities).
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 3 of 10 Pages
LUKE: I move second reading of Ordinance No. 2002-027, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair De Wolf then conducted the second reading of Ordinance No. 2002-027.
LUKE: Move approval of Ordinance No. 2002-027.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
LUKE: Move second reading of Ordinance No. 2002-028, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then conducted the second reading of Ordinance No. 2002-028.
LUKE: Move approval of Ordinance No. 2002-028.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was a Public Hearing and Consideration of the First
Readings of Ordinance No. 2002-018 and Ordinance No. 2002-019, Rezoning
Deschutes Junction, the Deschutes River Woods Store, and Spring River from
Rural Service Centers to Rural Commercial (through Periodic Review).
Christy Morgan gave a brief overview of these Ordinances. She indicated that
today she received some public comment from a resident of Spring River, who
may send in a letter. She indicated corner about commercial development,
traffic and so on.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 4 of 10 Pages
Commissioner Luke observed that the adoption of these Ordinances does not
allow further development.
Ms. Morgan said she explained that, and that the County would be limiting the
commercial building size.
Chair De Wolf then opened the public hearing.
Being no testimony offered, he then closed the public hearing.
LUKE: I move first reading of Ordinance No. 2002-018, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf did the first reading of Ordinance No. 2002-018, by title only.
LUKE: I move first reading of Ordinance No. 2002-019, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf did the first reading of Ordinance No. 2002-019, by title only.
5. Before the Board was a Public Hearing (Continued from July 10) regarding
an Appeal of the Hearings Officer's Decision on File No. DR -02-2
(Previously No. A-02-7, Side Yard Setbacks in an F-2 - Forest Use - Zone;
Applicant: Dowell).
The hearing was continued to August 29, 2002, at 9:00 a.m.
6. Before the Board was Consideration of Signature of Resolution No. 2002-
070, Establishing a Cash Change Fund in the Amount of $100 for the Road
Department.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 5 of 10 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Signature of Resolution No. 2002-
074, Establishing a Cash Change Fund for the Deschutes County Fair in
the Amount of $60,000.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was Consideration of Approval of an Indemnity
Agreement with Oregon Bicycle Ride, Inc., for a Cycling Event to be Held
August 11 through 17.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
9. Before the Board was Consideration of Approval of the Employee Benefits
Advisory Committee's Recommendations regarding a Change of Provider
for Life and Long-term Disability Insurance.
Timm Schimke said that the new provider has been researched, and it appears
the company is well regarded. This action will save the County about $36,000.
LUKE: Move approval of the recommendations of the Employee Benefits
Advisory Committee in this regard.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 6 of 10 Pages
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval of the Consent Agenda.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Consent Agenda Items:
10. Signature of a Contract between Deschutes County and the Oregon Human
Services Department regarding Funding for the Developmental Disabilities
Program.
11. Signature of a Right -of -Way to be Granted to Deschutes County by the Bureau
of Land Management (for Deer Run Lane near La Pine).
12. Signature of Order No. 2002-102, Surrendering'a Portion of NW 22nd Street to
the City of Redmond.
13. Signature of a Contract between Deschutes County and the Oregon Department
of Revenue for Assistance in the Sunriver/Crosswater Property Tax Appeal.
14. Signature of Order No. 2002-098, Authorizing the Transfer of County -Owned
Real Property to the Newberry Area Habitat for Humanity.
15. Signature of a License Allowing a Private Party to Use Deschutes County Real
Property for a Subsurface Sewage System.
16. Signature of an Intergovernmental Agreement for Deschutes County to Provide
Communications and Information Technologies Services to the City of
Redmond.
17. Ratification of a Technical Assistance Grant Agreement from the Oregon
Department of Land Conservation and Development, Providing Funds for
Community Development Department Services.
18. Signature of an Intergovernmental Agreement between Deschutes County and
the State Watermaster regarding Watermaster Services within the Deschutes
Basin.
19. Signature of Resolution No. 2002-071, Transferring Appropriations within the
Deschutes County Fiscal Year 2002-03 Budget, and Directing Entries.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 7 of 10 Pages
20. Signature of a Letter Reappointing Brad Foote to the Board of Newberry
Estates Special Road District, through December 31, 2004.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE
DISTRICT
20. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$45,003.13 (two weeks).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY
SERVICE DISTRICT
21. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District for in the Amount of
$1,439.17 and $50,086.00 (construction fund), for two weeks.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF SUNRIVER SERVICE DISTRICT
22. Before the Board was Consideration of Approval of Resolution No. 2002-
073, Consideration of Electing to Join the Oregon Public Employees
Retirement Systems (PERS) and Delegating the Managing Board of the
Sunriver Service District the Authority to Take the Necessary Actions to
Enter into an Agreement with PERS.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 8 of 10 Pages
Laurie Craghead introduced the Chair of the Sunriver Service District Board,
Bill Starks. She said they have requested to be a part of the PERS system.
Bill Starks explained the District Managing Board approved joining PERS by
motion, and also to adopt the standard rate pool. PERS indicated that this
requires the approval of the governing body, which is the Board of
Commissioners.
Dennis Luke explained that PERS is in tremendous turmoil now. The
Legislature is considering legislation to change the whole PERS system. He
asked why the managing board would want to do this when they have a 401(k)
in place now.
A lengthy discussion then occurred regarding this issue. It was concluded that
representatives of the Sunriver managing board will meet with Mike Maier and
Marty Wynne to discuss the current situation and potential future of PERS
before making a final decision.
A decision on this Resolution was delayed to allow further discussion
23. Before the Board was Consideration of Approval of Resolution No. 2002-
076, Electing to Apply for Acceptance into the State and Local
Government Rate Pool.
A decision on this Resolution was delayed to allow time for further discussion.
Bill Starks said that the formation of the Sunriver Service District calls for the
assignment of a member of the Board of Commissioners, or the Board's delegate, be
assigned to the Management Board. Commissioner Luke indicated this would be
addressed in a week.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
24. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,755.641.73
(two weeks).
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 9 of 10 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
25. ADDITIONS TO THE AGENDA
Before the Board was Consideration of Signature of Amendment #3 to a
Contract between Deschutes County and ODOT regarding Special
Transportation Grant Funds.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair DeWolf adjourned the
meeting at 10:45 a.m.
DATED this 22"d Day of July 2002 for the Deschutes County Board of
Commissioners. _ I
ATTEST:
(�MU4-,Z� rl�c�
Recording Secretary
L)ennis K. Luke, Uommissioner
i ael . Daly, C missioner
Minutes of Board of Commissioners' Meeting Wednesday, July 24, 2002
Page 10 of 10 Pages