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2003-33-Minutes for Meeting January 08,2003 Recorded 1/16/2003DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 111 01/16/2003 01;57;35 PM 2003-000033 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, JANUARY 8, 2003 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly. Also present were Mike Maier, County Administrator; Laurie Craghead and Rick Isham, Legal Counsel; Gary Judd and Tom Blust, Road Department; Anna Johnson, Commissioners' Office; George Read and Kevin Harrison, Community Development Department; media representatives Mike Cronin of the Bulletin and Barney Lerten of bend.com; and ten other citizens. Chair Dennis Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing, and Consideration of Signature of Order No. 2003-003, Determining and Setting the Final Assessment for the Gift Road Local Improvement District (in Whispering Pines Estates). Gary Judd gave a brief overview of the item. He indicated he had spoken earlier in today's meeting with some citizens who asked how payments could be made. They appeared satisfied with his explanation and then left the meeting. He said the original estimate of the total cost was $857,000, but it will cost only $707,000. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 1 of 9 Pages He added that Deschutes County owns 120 acres in the LID, and will have to pay for twelve assessments. Chair Luke replied that it does increase the value of the property. Mr. Judd said that no written objections were received. One call came in from a citizen who had recently purchased her property, and she was concerned about the notification process. Chair Dennis Luke then opened the public hearing. Being no testimony offered, he closed the public hearing. DALY: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Second Reading and Adoption of Ordinance No. 2003-002 (Previously Ordinance No. 2002-038), Text Amendments to the Building Setback and Lot Coverage Requirements in the La Pine Residential District. Kevin Harrison gave a brief overview of the history of the ordinance. He explained that since the ordinance was somewhat changed after the first reading, the sections that had changed would need to be read in their entirety during the second reading. He said that a letter was received from Tom Walker, who represents the applicant. They agree with the changes as proposed, but reiterated that the 100 - foot setback that is required for properties adjacent to U.S. Forest Service land be review. He stated that staff feels this is a separate issue and involves findings for the UUC, and recommend that it not be reviewed at this time. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 2 of 9 Pages Commissioner DeWolf asked if this could be handled by a conditional use permit. Mr. Harrison said theoretically, if it affected one large undeveloped parcel, it could be handled as a separate text amendment, or perhaps by increasing the size of the lots next to the land. It could possibly be addressed by having a road or alley between the subdivision and the U.S. Forest Service land. This could be reviewed later if it appears to affect a subdivision, with a text amendment. Commissioner DeWolf then pointed out an error in item 5 (c), which should say rear yard instead of side yard. Mr. Harrison replied that this would be corrected. DALY: Move second reading by title only, with a full reading of item 5 (a), (b) and (c), with that change. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. Chair Luke did the second reading by title only, including the new ordinance number and item 5 (a), (b) and (c). DEWOLF: Move adoption. DALY: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. 4. Before the Board was Consideration of Signature of Resolution No. 2003- 004, Adopting an Intergovernmental Agreement between Deschutes County and the Bend Metropolitan Parks and Recreation District, relating to Park Systems Development Charges. Laurie Craghead said the amount of SDC's has been changed, and the County's role would be to act as the collection entity for the SDC amounts. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 3 of 9 Pages DALY: How many properties does the County deal with in this regard? CRAGHEAD: Ten to fifteen, per George Read of Community Development DALY: And the County receives about $15 per property to do this? NEIL BRYANT (representing Bend Metro Park & Rec District): There are usually less than a dozen per year. Most of the fees are collected by the City of Bend. DEWOLF: We've seen SDC's go up 500% of the total cost of the house over about eight years. We are frustrated over the incredible rapid increase of SDC's. People run for office stating "no new taxes", but then the SDC's go up. There is no provision for Habitat for Humanity or other low-cost housing organizations to get a break; but I understand that it is not built into the system with the State. I know Commissioners Luke and Daly are also frustrated with this. Maybe it's our inability to convince the local taxpayers that it is good to support funding measures for community facilities. It has now gone on the back of SDC's, and it is pretty onerous now. My comments are not directed personally to people in the parks, but I have a big frustration with the process. BRYANT: We began on this about a year ago, and there were fourteen people in the advisory group, including people representing affordable housing. The group looked into developing an exemption for them, but couldn't do it. It was felt also that those who do have to pay would be subsidizing the others. The group met numerous times, and concluded that the increase is needed. This had not been done since 1993 when it was originally developed. You can only do SDC's for future development, not for maintenance or anything done in the past. The group did not want to recommend other options; there was a consensus within the group except for the Builders' Association. The intergovernmental agreement works well for both sides, and helps to keep collection costs down. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 4 of 9 Pages DEWOLF: I agree with the purpose of the agreement, but we don't have SDC's in the County at all, although the City of Bend has proposed that we should. The philosophy over the past eight or nine years is like we live in some magical world rather than a country. You can live where you feel is best for you and your family, and the focus seems to be having growth pay its way. My philosophy is that all of our families have been paying their way in this country. When these SDC's were first adopted, it wasn't at 100% in the City of Bend, because of a firm belief that those already living here also benefited from the growth, with a more stable economy and a broader tax base. In my opinion this areas is a better place in which to live than it was twenty years ago. Philosophically, it's frustrating to me when we need to do this to make up for shortfalls. These kinds of things ripple through people's minds when we have measures to present to the public. Is it any wonder that people don't trust their elected officials? DALY: He said it all. I come from a building background, and SDC's have always been considered an unfair tax for people who buy new homes; it makes affordable housing hard to find. Unfortunately we have no say on the amounts in this case. I would probably vote against it if I could. We are just the collection agency, and it would cost more if we didn't cooperate. I am not supporting it because I like SDC's. LUKE: Infrastructure needs to be paid for. I think SDC's are unfair, especially because they same amount is charged regardless of the size of the house. From that aspect, I think they are unfair. I fought its expansion while in Legislature; there needs to be a better way. We are indemnified if there is a lawsuit challenging this. There were no other comments offered. DALY: Move approval of the resolution and the agreement. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 5 of 9 Pages CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 5. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2003-002, Designating the Governing Body as the District's Local Public Contract Review Board and Delegating that Authority to the Managing Board. Sharon Smith, representing the Sunriver Service District Managing Board, gave an overview. Rick Isham added that in his opinion it is acceptable for the Sunriver Managing Board to handle this. The Commissioners still have authority if things aren't been done right. Chair Dennis Luke then opened the public hearing. Being no testimony offered, he closed the public hearing. DALY: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. 6. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2003-003, Adopting Public Contracting Rules; Granting Exceptions from Competitive Bidding for Certain Contracts; and Designating Certain Service Contracts as Personal Services Contracts, for the Sunriver Service District. Sharon Smith explained that this is the second part of the request. She said that Sunriver has specific needs, and tried to tailor this document to address those needs. They have conducted public hearings in Sunriver and received public input, and made some changes. She has been working with County Legal Counsel. Commissioner Luke asked to receive a copy of the minutes and public input. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 6 of 9 Pages Rick Isham said that what he would like to propose for the County is to stay with the Attorney General Model Rules; the County has been using them without modification to procedures for about eight years. The rules make sense, and people are familiar with them. But there are certain areas that departments want to take exception for procurement rules. We plan to put together a package for exempt details, which would be a less burdensome process where we know that we need to act quickly, when the Model Rules are more cumbersome. Commissioner Luke explained that they are in place to avoid corruption and to allow for fairness, and to protect the public. Ms. Smith said that the hearing could be continued if necessary to allow for further review. Chair Luke then opened the public hearing. Bill Starks, the Chair of the Sunriver Service District Board, stated that three of the elected members present at their meeting had concerns about one issue. They want to see the original agreements between the Governing Body and the Sunriver Service District tied together regarding the responsibility of the Managing Board and the Governing Body to make sure there is a third party review of contracts. This has been incorporated into the document. The hearing was continued for two weeks, and will be addressed at the Wednesday, January 22 Board of Commissioners' meeting. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $2,297.39. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 7 of 9 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $562.99. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $135,645.07. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DEWOLF: Yes. DALY: Yes. LUKE: Chair votes aye. 10. Before the Board were Additions to the Agenda. None were offered. Being no further items brought before the Board, Chair Dennis Luke adjourned the meeting at 10:45 a.m. Minutes of Board of Commissioners' Meeting Wednesday, January 8, 2003 Page 8 of 9 Pages DATED this 8th Day of January 2003 for the Deschutes County Board of Commissioners. ATTEST: l6u4j,� (FA �l Recording Secretary Minutes of Board of Commissioners' Meeting Page 9 of 9 Pages Dennis R. Luke, C air Tom DeWolf, Commissioner 4t,,�IIJ4 Mic ael A Daly, Co issioner Wednesday, January 8, 2003