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2002-1315-Minutes for Meeting November 13,2002 Recorded 11/15/2002DESCHUTES COUNTY OFFICIAL RECORDS CJ 2042'1315 MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 11111 11/15/2402 02;44;12 PM IIIIIIIIIIIIIIIIIIIIIIIIII 20020013152 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, NOVEMBER 13, 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom DeWolf and Dennis R. Luke; Commissioner Michael M. Daly was absent. Also present were Greg Canfield, Mental Health Department; Tom Blust, George Kolb and Gary Judd, Road Department; George Read and Christy Morgan, Community Development Department; Rick Isham, Laurie Craghead and Mark Amberg, Legal Counsel; media representative Barney Lerten of bend.com; and eleven other citizens. Chair Tom DeWolf opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of a Contract between Deschutes County and Pfeifer & Associations, Regarding Chemical Dependency Treatment Services to Oregon Health Plan Clients. Greg Canfield explained that Pfeifer is one of five subcontractors to provide these services. The dollars are passed on from OMAP (Office of Medical Assistance Programs) to the County, with the County acting as the contractor. Commissioner DeWolf asked what would happen if and when State funding is reduced. Mark Amberg explained that the language mirrors what is in the master contract with the State, so the termination details are the same. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 1 of 8 Pages LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 3. Before the Board was Consideration of Signature of the Acceptance of a Dedication of Right-of-way for Antler Avenue and 9th Street, from Central Oregon Irrigation District. George Kolb explained that the Bureau of Land Management and Central Oregon Irrigation District have been working together to consolidate parcels of property. Research shows there is no dedication on file, and this clears that up. The property will become road right-of-way. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE:, Yes. DEWOLF: Chair votes yes. 4. Before the Board was a Public Hearing on the Proposed Vacating of Portions of "C" Avenue, `B" Avenue and 191h Street, Terrebonne. George Kolb gave a brief overview of the location of the subject area. He said that all of the necessary papers have been signed regarding access issues. There have been no comments from the public either for or against this vacation. Chair Tom De Wolf opened the public hearing. Being no testimony offered, Chair De Wolf then closed the public hearing. 5. Before the Board was Consideration of Signature of Order No. 2002-125, Vacating Portions of "C" Avenue, "B" Avenue and 191h Street, Terrebonne. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 2 of 8 Pages 6. Before the Board was a Public Hearing to Consider Amendments to the Comprehensive Plan Policies and Zoning Regulations regarding Rural Industrial Zones for the Following Sites: State of Oregon Military, Redmond; Bend Auto Recyclers; Deschutes Junction (Willamette Greystone, Cascade Pumice and Better Sandall-United Pipe Supply); and Wickiup Junction (Vic Russell Construction Co. Site). Christy Morgan said that this is the final task under required periodic review, which is being performed in order to comply with rulings of the Supreme Court. Commissioner Luke asked if this would expand the areas to allow for possible future expansion. Ms. Morgan replied that it does not; the property owners would have to apply for a zone change. She said that each site was inventoried in regard to size and uses. She spoke with the various owners regarding their possible future needs and whether these needs are consistent with the rural community. George Read said that in Oregon, if a use is not within a rural service center, it is difficult to expand. It is difficult to justify, so this has to be looked at on a case-by-case basis. Laurie Craghead said there are purpose statements in several places in County Code. This was discussed by the Planning Commission, and some changes were made. She said that the comprehensive plan should cover this. She added that she would like to remove the purpose statement, but that the Planning Commission may not want it removed; however, it might not have been discussed at length. Chair DeWolf asked if the adoption of these amendments could be delayed; Ms. Morgan said that periodic review ends on December 31, 2002. Chair De Wolf then opened the public hearing. Sharon Smith, an attorney representing two of the business affected (United Pipe and Cascade Pumice), then spoke. They wanted to express their appreciation to Catherine Morrow and Christy Morgan for their work on this issue, who helped address some concerns regarding potential future expansion, and are happy with the draft as it now exists. Her clients know that this is coming from the State level and the County has to comply. Commissioner Luke stated that he wants to understand this fully before taking any action. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 3 of 8 Pages Being no further testimony offered, Chair DeWolf then closed the public hearing. Chair DeWolf and Commissioner Luke indicated that this should be continued to the Board meeting scheduled for Monday, November 25, at 10: 00 a.m. 7. Before the Board was Consideration of Approval of Improvement Agreements for Utilities, Golf Course Completion and Overnight Lodging, Eating and Meeting Facilities for Pronghorn Resort, as Required by the Destination Resort Ordinance. Rick Isham said that Nancy Craven called to schedule this requested action by the Board on November 20th; however, the Board does not meet then. There is a strong desire to move forward with this as quickly as possible, but final review of documents and the bond is required. He stated that he met this morning with the planning engineers of Pronghorn Resort and others. The goal is to file a plat on Monday, November 18; between now and then, the final draft of the documents should be ready for Board review. Chair DeWolf and Commissioner Luke explained that they are going to a conference and will only be here early in the day. Mr. Isham said that the plat cannot be filed until the Board approves it. The Board is the last entity to sign. George Read added that there are two parts: the bond approval documents and the signature of the plat. For his department, Community Development, the biggest issue is the plat. Mr. Isham said that there are two development agreements for streets, the sewer system, the water system, recreational facilities, meeting rooms, the hotel, and dining room facilities. These may be bonded to allow for the filing of the final plat of the first phase. This allows the resort to consummate the sale of lots that are now reserved for purchase. He said he will speak with each Commissioner before Monday, and will provide a complete set of documents by Friday. Chair DeWolf and Commissioner Luke agreed to meet at 10: 00 a. m., Monday, November 18, to address this issue further. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 4 of 8 Pages 8. Before the Board was a Public Hearing and Consideration of First and Second Readings, and Adoption by Emergency, of Ordinance No. 2002- 036, Pertaining to Dog Attacks on Livestock; Bringing County Code into Compliance with Changes in State Law. Mark Amberg explained the reasoning behind the adoption of this Ordinance. In 1999 the Oregon legislature amended their statute in this regard, to provide options in regard to how offending dogs can be handled. County Code needs to be changed to comply with statute. This change would give the Dog Board more options in this regard. Laurie Craghead said that State statute says that the Dog Board shall consider alternatives, so it is a required step. Chair Tom DeWolf opened the Public Hearing. Being no testimony offered, Chair De Wolf then closed the public hearing. LUKE: Move approval of first and second readings of Ordinance No. 2002-0365 by title only, declaring an emergency. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Chair De Wolf then conducted the first and second readings of Ordinance No. 2002-036, by title only, declaring an emergency. LUKE: Move approval of Ordinance No. 2002-036. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 9. Before the Board was Consideration of Signature of Resolution No. 2002- 102, Transferring Appropriations within GIS Funds in the Deschutes County Budget for Fiscal Year 2002-03, and Directing Entries. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 5 of 8 Pages 10. Before the Board was Consideration of Signature of Order No. 202-144, Transferring Cash among Various Funds, as Budgeted in the Deschutes County Budget for Fiscal Year 2002-03. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $1,213.39. LUKE: Move approval, subject to review. I also move that the bills be paid without the signature of Mike Maier, who is out of town. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $1,555.94. LUKE: Move approval, subject to review. I also move that the bills be paid without the signature of Mike Maier, who is out of town. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 6 of 8 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $787,088.38. LUKE: Move approval, subject to review. I also move that the bills be paid without the signature of Mike Maier, who is out of town. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. 14. Before the Board was Consideration of Additions to the Agenda. Before the Board was a Public Hearing regarding the Establishment of Mountain View Local Improvement District. Gary Judd explained that the Local Improvement District work has been finished, and Hap Taylor & Sons did an excellent job, at about $55,000 less than estimated. There was approximately $278,000 assessed against 59 lots, ending up at about $4,700 each. All comments received have been very positive. LUKE: Move approval of Order No. 2002-135, subject to legal review and the Finance Director setting the appropriate rate. DEWOLF: Second. VOTE: LUKE: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair DeWolf adjourned the meeting at 11:10 a. m. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 7 of 8 Pages DATED this 13th Day of November 2002 for the Deschutes County Board of Commissioners. ATTEST: 10 Recording Secretary Minutes of Board of Commissioners' Meeting Page 8 of 8 Pages Tom DeWolf, Chair Dennis R. Luke, Commissioner r �r Michael M. Daly, Commissioner Wednesday, November 13, 2002