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2003-918-Minutes for Meeting May 28,2003 Recorded 6/3/2003DESCH TES COUNTY OFFICIAL UBLANKENSHIP, COUNTY CLERK CJ 2003.918 NANCY COMMISSIONERS' JOURNAL 06/03/2003 12;40;56 PM IIIIIIIII IIIIIIIIIIIIIIIIIID II III 2003-000818 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.ory, MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 289 2003 Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke, Tom DeWolf and Michael M. Daly. Also present were Timm Schimke, Solid Waste Department; Susan Ross, Commissioners' Office; George Read, Tom Anderson, Kevin Harrison, and Chris Schmoyer, Community Development Department; Jenny Scanlon, Juvenile Community Justice; and George Kolb, Dan Sherwin and Tom Blust, Road Department. Also in attendance were Tammy Credicott, Property Management; Rick Isham, Legal Counsel; media representatives Chris Barker of the Bulletin, Barney Lerten of bend. com, and a representative of Z-21 TV; and approximately twenty other citizens. Chair Dennis Luke opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. Patricia Gainsforth, Chair of the Deschutes Coordinating Group, invited the Board to their next meeting in Redmond, which is scheduled for June 5 from 10:00 a.m. to 12;30 p.m. at the COIC office. She said that there will be a report on the sub -basin plan, as well as a report on farm water quality agricultural projects. They would appreciate the Board's involvement and input. Commissioner DeWolf asked if the Board could be copied on the minutes of the group's meetings. Ms. Gainsforth replied she would provide them. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 1 of 14 Pages At this time, Commissioner DeWolf expressed condolences to the family of Dave Leslie, who passed away a few days ago after a lengthy battle with cancer. He was an employee of the Community Development Department, and he will be sorely missed by people in the County. 2. Before the Board was a Discussion of the Downtown Sisters Urban Renewal Plan. Eileen Stein, City Administrator of the City of Sisters, explained that this plan completes consultations with the affected taxing agencies. The committee has been meeting since October, and the final meeting was held on May 27. She anticipates the adoption of the plan by July; the public comment phase is ongoing. The affected taxing entities are SOAR, Sisters -Camp Sherman District, the Sisters School District, the City of Sisters and Deschutes County. She added that the comprehensive plan should be complete within the same time frame. Jeff Tashman, an urban renewal consultant working for the City of Sisters, provided a handout, which included the urban renewal plan itself, a boundary map and the report on the urban renewal plan. He added that he is from Portland, but has worked with the cities of Redmond and Bend on their projects as well. At this time, he gave an overview of the plan and the areas affected. The main focus of the plan is general commercial areas, and residential uses that are a part of the general commercial zone. He said that the existing assessed value is a little over $35 million, which is about one-quarter of the assessed value of the city. The basic thrust is to build off the opportunities afford by the one-way street couplet that is being put into place to relieve traffic problems. He added that it translates into a trend with less parking on site and more available in parking lots. Two-story buildings would be allowed as appropriate; there would be more shop space, business space and residences in the downtown area; also there could be limited light manufacturing allowed in the zone. The focus is to promote employment. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 2 of 14 Pages The plan would allow the development of public improvements, streetscapes and furniture, sidewalks, parking lots, a town square and gathering places. Other items that are authorized, to a smaller scale, would be direct financial assistance for rehabilitation and new development. This could take the form of grants, low interest loans and technical assistance. The group has been well represented and attendance has been good. All the taxing districts were invited to participate. At this time, Mr. Tashman gave an overview of the portion of the report relating to the cost of the plan. He said that they took a conservative approach and kept in mind the impact on the revenue of the districts. The plan would create value that would not have been there, and eventually will generate more revenue. At some point the agencies will be made whole. He stated that the law says this must be presented to the Board for questions and recommendations. There will also be a formal transmittal in writing, as the City must respond to any written comments they receive. This issue will probably be discussed further at the regular City of Sisters/ Board of Commissioners meeting scheduled in July. 3. Before the Board was Consideration of Signature of Document No. 2003- 301, an Intergovernmental Agreement between Deschutes County and the Oregon Health Sciences University for the Continued Support of the Oregon Medical Home Project. Elaine Severson explained that this is a continuation of small contract covering child development rehabilitation. DALY: Move approval. LUKE: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2003- 298, Renewing a License Agreement between Deschutes County and the State of Oregon regarding County Access to the State Department of Human Services Client Database. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 3 of 14 Pages Greg Canceled stated that this renews the license with the State office of Medical Assistance Programs so that Deschutes County can continue to access confidential client information. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Approval of By -Laws for the Proposed Juvenile Community Justice Advisory Committee. Jenny Scallion said that these documents have been reviewed and revised several times. DE WOLF : Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2003- 302, a Contract with Conservation for Central Oregon ("reSource'q, for the Development of a Waste/Resource Conservation Education Program. Timm Schimke explained that this contract covers conservation education services in Deschutes County. It is the restart of the old program that had been discontinued; it takes the best of the old program and adds to it. This covers the research and development of the program, which should be implemented in fiscal year 2004-05. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 4 of 14 Pages 7. Before the Board was Consideration of Signature of Document No. 2003- 300, an Amendment to a Federal Financial Assistance Grant for Deschutes County's Noxious Weed Abatement Program. Dan Sherwin said this Federal grant would be for $76,000 a year of Title II funding. This covers an extension for the second year, through June 30, 2004. They have applied again for next year. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2003- 050, Initiating the Vacation of a Portion of Peterman Lane, Bend. George Kolb stated that this road was created in 1979, and was the original access to a parcel to the north; however, it hasn't been used, and there are no utilities and no roads. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 9. Before the Board was Consideration of Signature of Order No. 2003-060, Vacating a Portion of Peterman Lane, Bend. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 5 of 14 Pages 10. Before the Board was Consideration of Signature of Document No. 2003- 303, an Acceptance of a Deed of Dedication for a Portion of I D. Estates Drive, Located off Deschutes Market Road, Bend. George Kolb said it was discovered that a portion of the road had never been formally dedicated and accepted. This legalizes the road, and allows the property owner to partition so they can sell their property. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 11. Before the Board was Consideration of Signature of Document No. 2003- 272, a Personal Services Contract between Deschutes County and Bend Mailing Services for the Handling of Community Development Department Mailings. Tom Anderson said that this is a renewal of the contract at the same cost. Using this service saves the County between $5,000 and $10,000 per year. DE WOLF : Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 12. Before the Board was Consideration of Signature of Letters regarding the Dismissal of a Member of the Deschutes River Mitigation and Enhancement Committee, and the Appointment of a New Member (Scott McCalou of the Deschutes River Conservancy). Jon Skidmore stated that he has spoken with a current member who is not interested in continuing due to too many other time commitments. He recommended that the Board appoint Scott McCalou for other vacant position; this still leaves one vacancy. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 6 of 14 Pages DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 13. Before the Board was Consideration of Signature of the Board's Decision regarding Land Use File #PA -02-5 and ZC-02-3, and Ordinance No. 2003- 012 and Ordinance No. 2003-015 (Applicants: Oregon Water Wonderland Unit 2 Sewer District and U.S. Forest Service). George Read and Chris Schmoyer gave an overview of the decision documents and the ordinances. It was explained that some changes need to be made due to references to page numbers, and the final documents are not ready. They also clarified the Board's questions regarding the conservation easement. The County will continue to have oversight of the property for enforcement purposes. Rick Isham said that the findings and decision need to be complete before the Board can adopt the ordinances. This item will be addressed at the Monday, June 2 work session. 14. Before the Board was Consideration of Signature of a Letter of Intent to Award a Construction Contract for the County Warehouse Project. Susan Ross said that Kirby Nagelhout has been selected. It was a very objective process, with a rating sheet used. The committee consisted of Commissioner DeWolf and two citizen members. Commissioner DeWolf stated that Kirby Nagelhout was picked by seven of the nine members of the committee. He added that Anna Johnson will put together a press release that shows how the scoring was handled. DE WOLF : Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 7 of 14 Pages 15. Before the Board was a Public Hearing, and Consideration of Signature of Resolution No. 2003-032, Amending Resolution No. 98-122, Declaring the Intent of Deschutes County to Sell or Exchange Real Property (Located off Gift Road, Bend and off Canyon Rim, Redmond), and Setting a Hearing. Tammy Credicott said that this is public hearing portion, as required. The sale of the properties will be advertised and sold by County. One is a landlocked piece in Redmond, and the other is a lot in whispering pines that is zoned RR - 10 and could be divided. Commissioner Luke opened the public hearing. Being no testimony offered, he closed the hearing. Commissioners Luke and DeWolf stated that they want to talk further about the zoning and sales price, and instructed Ms. Credicott to hold off on getting an appraisal and setting a sales price. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 16. Before the Board was a Public Hearing, and Consideration of Signature of Order No. 2003-064 regarding the Transfer of the Tetherow Property from the County to the Central Oregon Park and Recreation District. Commissioner Luke opened the public hearing. Commissioner DeWolf stated that he is concerned about the concept of renovating the house itself, as the house is not truly historical; only the location is. The roads into the area are not designed for heavier traffic. Kimmie Hammer of the Central Oregon Park & Recreation District replied that the site review would have to be processed through the County. Matt McDonald of the COPRD added that the intent is not to declare what they will specifically do at this time. More time is needed to meet with the public and gather input, and it is unknown how much money can be generated by fundraising. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 8 of 14 Pages Commissioner Luke expressed concern that the plans provided to the Commissioners involved two extremes: just having a marker and a picnic area, and renovation of the house. He said that it would be nearly impossible to get a well put in, and no septic system can be installed. He wanted to see a more specific plan. Commissioner DeWolf observed that his goal is to remove the liability for the property from Deschutes County. This was discussed for several years, and input was received from various historical societies. The goal was to find a group that would be willing to take on the project and do something appropriate with it, as the County was unable to do so. Commissioner Daly stated that traffic would be negligible, as it is a long way off the beaten track. He added that whatever plan they've got at this time will likely change as time goes on. The purpose is to remove the liability from the County and turn it over to a group that can do something good with it. Commissioner Luke said that it is a liability because of the house and trees, and that getting it out of the County's hair is not his intention. Shelly Blaze of COPRD stated that there are lots of options; but this depends on the level of funding. She said that the County can be confident that they will honor the property, as they have done with the Borden Beck Wildlife Preserve. They are very pleased to take over the property, and the local residents would like the house to remain as they feel it is of historic significance to them. She added that it will be well managed. The local residents have been very involved and are happy to see something being done with it. Jack Weisberger then testified. He said that this is one of the most historic sites in Deschutes County, and is interested in finding out what the plans are for the property. He will meet with members of the COPRD to learn more. Commissioner DeWolf stressed that the County isn't just dumping the property. Instead, the County wants the proper organization to take the time and care to work with the neighbors and historical societies to do the appropriate things to preserve it as a historic site. Lee Howard testified. He said he lives directly across from the property, and during the past four years this is the first bright light he's seen for someone to take responsibility for the site. He said he thinks COPRD will do it right. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 9 of 14 Pages The traffic is already there, and he doesn't think it will be a further issue. The County does a good job with grading the road. To let the property atrophy and go away would be a big mistake. COPRD has credibility, and will benefit the site. Another issue is that because of growth in the area, it is prudent to have a responsible entity take responsibility for what goes on with the property. Because of their involvement, there has been a decrease in reckless behavior at the site. He urged the Commissioners to give the COPRD the support they need, as they will take care of it. Commissioner DeWolf stressed that it needs to be clear that the County is unable to be forthcoming with financial support. Mr. Howard replied that the neighbors are already talking about fundraising. There was a big cleanup effort at the site there last weekend. Tammy Credicott clarified that the site has to remain in public use or it would reverse back to the County. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes no. (Split vote.) 17. Before the Board was Consideration of Signature of Resolution No. 2003- 045, Relinquishing a Reversionary Interest Pursuant to ORS 271.335 in Certain Real Property Transferred to the Opportunity Foundation of Central Oregon. Rick Isham stated that the owner of the property has a transaction being held up because of this reversionary clause. The deed at the time should have taken care of it. However, it dates back to 1966, and State ORS allows its removal after twenty years. The County does not benefit by having the reversionary clause remain on this property. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 10 of 14 Pages 18. Before the Board was Consideration of Signature of Resolution No. 2003- 053, Transferring Appropriations within Deschutes County Solid Waste Funds for Fiscal Year 2002-03, and Directing Entries. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District for Two Weeks: $9,969.09. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District for Two Weeks: $16,481.70; and $10,765.00 Construction Fund. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 11 of 14 Pages CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Bend Library County Service District (Debt Service): $499,143.75. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Redmond Library County Service District (Debt Service): $185,000.00. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Sunriver Library County Service District (Debt Service): $70,050.00. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 12 of 14 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County for Two Weeks: $3,312,984.95. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 25. ADDITIONS TO THE AGENDA Before the Board was Consideration of Signature of an Amendment to a Lease Agreement. Rick Isham explained that in regard to a lease for Park Place clients, a change needs to be made in regard to ADA rules. He recommended the lease be amended accordingly. DALY: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Commissioner DeWolf observed that entertainer Bob Hope will be 100 years old on May 29. Being no further items brought before the Board, Chair Luke adjourned the meeting at 11:40 a.m. Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 13 of 14 Pages DATED this 281h Day of May 2003 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair Tom DeWolf, Commissioner ATTEST: Recording Secretary Minutes of Board of Commissioners' Meeting Wednesday, May 28, 2003 Page 14 of 14 Pages