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2003-767-Minutes for Meeting April 07,2003 Recorded 4/10/2003COUNTY TES FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERKDS Q 2003-767 COMMISSIONERS' JOURNAL 0411012003 05;19;01 PM IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII 2003-000767 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 MONDAY, APRIL 7, 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 Julie Lyche and Robin Marshall, Commission on Children & Families; Susan Ross, David Givans and Anna Johnson, Commissioners'Office; Greg Canfield and Kathy Drew, Mental Health Department; Timm Schimke, Solid Waste Department; and George Kolb and Gary Judd, Road Department. Also in attendance were George Read, Catherine Morrow, Kevin Harrison and Damian Syrnyk, Community Development Department; Mike Dugan and Anna Lemmon, District Attorney's Office; Rick Isham and Laurie Craghead, Legal Counsel; Tammy Credicott, Property Management; media representatives Barney Lerten of bend.com, Melissa Burgess of Z-21 TV, and Kelly Kearsley of the Bulletin; and no 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 Discussion of the Reading of a Proclamation Declaring April 6 through 12 Crime Victims' Rights Week in Deschutes County. Mike Dugan explained the reasons behind this Proclamation. Anna Lemmon then read the Proclamation to the audience. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 1 of 10 Pages Mr. Dugan added that he read the Commissioners' Proclamation regarding Child Abuse Prevention Month at the candlelight vigil held last week. DEWOLF: Move approval DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 3. Before the Board was a Discussion and Consideration of Signature of Community Action Team Contracts for Subgrants with Deschutes County, regarding Grant Funds Targeting the Reduction of Substance Abuse among Youth. Redmond Area Community Action Team/Redmond Prevention Team Community Action Team of Sisters La Pine Community Action Team Julie Lyche gave an overview of the grant program, and explained that there are a lot of people involved in making the work a success at a grassroots level, including schools, spiritual, parents and other individuals and groups. She explained that parent training classes in La Pine have been very successful even though the meetings are held in the evening. The Commission on Children & families finances only the funding programs that have been proven to be effective. The money is handled in specific ways due to federal guidelines. This item was placed on the Wednesday, April 9 consent agenda. 4. Before the Board was a Discussion and Consideration of Signature of a Contract Amendment between Deschutes County and the Office of Oregon Medical Assistance Programs (OMAP) to Provide Chemical Dependency Treatment Services to Oregon Health Plan Clients. Greg Canfield explained that the instructions for preparing financial reports regarding the cash flow report to OMAP have been changed. This item was placed on the Wednesday, April 9 consent agenda. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 2 of 10 Pages 5. Before the Board was a Discussion and Consideration of Signature of a Contract Amendment between Deschutes County and the Oregon Department of Human Services regarding Developmental Disabilities Services. Kathy Drew explained that this wouldn't change the amount of money spent for case management services; it just changes how the accounting is done. This item was placed on the Wednesday, April 9 consent agenda. 6. Before the Board was a Discussion and Consideration of Signature of a License Agreement between Deschutes County and Sunriver Resort regarding Establishing a Recycling Depot. Timm Schimke said that this depot would be located near the hardware store in the business center. The County used to pay the entire property tax, but this would provide for splitting the cost. Last year's property tax was $685. The depot, which has been shut down for about a year, should be up and running in about two months. This item was placed on the Wednesday, April 9 consent agenda. 7. Before the Board was a Discussion and Consideration of Signature of a Grant Agreement between Deschutes County (on Behalf of the Recycling Team) and the Oregon Department of Environmental Quality for Waste Prevention Education and Promotion. This item was placed on the Wednesday, April 9 consent agenda. 8. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-036, Declaring the Intent to Create Lazy River Drive Local Improvement District, Accepting the Engineer's Report, and Setting a Hearing for Remonstrance. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 3 of 10 Pages Gary Judd explained that the mail poll results were 68% positive votes; there are 136 lots in the district. Interested citizens living in the district formed a couple of committees and did a lot of outreach to get a good return. The public hearing date is May 14, 2003. This item was placed on the Wednesday, April 9 consent agenda. 9. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-044, Surrendering Portions of NE Ninth Street, NE Eleventh Avenue and Antler Avenue to the City of Redmond. This item was placed on the Wednesday, April 9 consent agenda. 10. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-037, Changing the Name of North Bluegrass Lane to Crossroads Loop. George Read said that the subdivision is located past Sisters High School in the Crossroads Subdivision. He said they have not heard any complaints from the citizens. The transition period takes about a year. This item was placed on the Wednesday, April 9 consent agenda. 11. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-038, Changing the Name of South Bluegrass Lane to Bluegrass Loop. This item was placed on the Wednesday, April 9 consent agenda. 12. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-039, Changing the Name of Crater to Crater Way. This item was placed on the Wednesday, April 9 consent agenda. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 4 of 10 Pages 13. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-040, Changing the Name of Graham to Graham Court. This item was placed on the Wednesday, April 9 consent agenda. 14. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-041, Changing the Name of Mountain View to Mountain View Loop. This item was placed on the Wednesday, April 9 consent agenda. 15. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-042, Changing the Name McKenzie to McKenzie Road. This item was placed on the Wednesday, April 9 consent agenda. 16. Before the Board was a Discussion and Consideration of Signature of a Contract with Baldwin Herndon Oregon Trust, regarding a Land Exchange in the La Pine Neighborhood Planning Area. Catherine Morrow gave an overview of the contract, which among others things creates a parcel that will become the community facilities zone. The County and Baldwin Herndon Oregon Trust will exchange land so that the County will own the entire community facilities zone, and the Trust will own land in the residential zone. Laurie Craghead added that this process must follow appropriate statute and go through a hearing, as soon as the survey and an appraisal are completed. The land exchange will not occur until this process has been completed. DEWOLF: Move approval DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 5 of 10 Pages 17. Before the Board was a Discussion and Consideration of Signature of a Memorandum of Understanding with Pahlisch Homes, Inc., regarding Development of Phase 1 of the La Pine Neighborhood Planning Area. Catherine Morrow stated that this is the result of negotiations with Pahlisch Homes, Inc. This memorandum of contract spells out the terms towards the final agreement, which must be done before June. It specifies that 40% of the lots must be sold to other developers. Commissioner Luke pointed out that there is nothing in the agreement that says that another large developer can't come in and buy the 40%. Commissioner DeWolf suggested that the contract specify that the 40% be parceled out in some way. Ms. Morrow said that this could be addressed as they prepare the final agreement. The negotiations will take place between now and May 15, and she will get this issue clarified. There will be another agreement that ultimately will need Board approval. Laurie Craghead noted that there are a few changes that were incorporated into the final draft before the Board that were not in the previous draft. She explained these to the Commissioners. She suggested that the Board go ahead with approval of the Memorandum of Understanding at this time. DEWOLF: Move approval, as amended. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 18. Before the Board was a Discussion and Consideration of Signature of a Contract with Pahlisch Homes, Inc., to Develop a Quadrant Plan for Phase 1 of the La Pine Newberry Neighborhood. Catherine Morrow explained that the requirements are spelled out in zoning code. The quadrant plan will become property of the County, which will pay up to $25,000 of the estimated $75,000 cost. The process includes a hearing before the Planning Commission that will be held in La Pine. Also, Pahlisch Homes is required to conduct a public workshop before the plan is submitted to the County for approval. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 6 of 10 Pages Laurie Craghead indicated that there were a few changes made to the final document that were not included in the draft that the Commissioners received. DALY: Move approval for George Read and Mike Maier to sign on behalf of the County. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 19. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-045, regarding an Appeal of the Hearings Officer's Decision on the Following Files: CU -02-124, CU -02-125, CU -02-126, and MC -02-17 (Appeal No. A-03-3, Kuhn, re: Watts Property). Damian Syrnyk explained that the appeal was filed by Mr. Kuhn. Last Friday Mr. Syrnyk was contacted by Mr. Watt's attorney, who faxed a letter indicating that Mr. Watts is willing to extend the time period in order to seek a settlement. He then provided copies of the letter to the Commissioners. (A copy is attached as Exhibit A) Mr. Syrnyk answered a few questions that Commissioner DeWolf asked regarding access to the proposed lots Mr. Syrnyk recommended that this item be delayed until the Board meeting of the week of April 21. The Commissioners concurred. 20. Before the Board was a Discussion of a Public Hearing and Consideration of First and Second Readings, and Signature of Ordinance No. 2003-021, Amending County Code to Comply with Oregon Revised Statute (use of the word "infraction" instead of the word "violation"), Declaring an Emergency. Laurie said the word "infraction" is no longer used in Oregon Statute. This item will be addressed at the regular Board meeting on Wednesday, April 9. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 7 of 10 Pages 21. Before the Board was a Discussion and Consideration of Signature of Order No. 2003-046, Declaring the Result of the March 11, 2003 Election regarding the Deschutes County 9-1-1 Service District Local Option Tax. Rick Isham explained that should be listed as the 9-1-1 County Service District canvas and finding that more than 50% of the voters appeared at the election, and a majority cast ballots in favor of the tax. This is the last official act of this election. This will need to be approved by the governing body of the County Service District. This item will be addressed at the regular Board meeting on Wednesday, April 9. 22. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2003-032, Amending Resolution No. 98-122, Declaring the Intent of Deschutes County to Exchange Real Property, Declaring an Exchange Project, Setting a Hearing, Providing Notice, and Adding Properties to be Exchanged. Tammy Credicott stated that this resolution would add two properties to the project. One was previously, and the other is a new one. The first property is County -owned land on top of Whispering Pines subdivision. The local improvement district is in place, which is a huge expense because of the size of the parcel. Commissioner Daly asked what "exchange" means in this situation. Rick Isham replied that the best way to explain it is to compare it to a 1031 tax - delayed exchange. The projects have to be identified in advance. The County is not actually swapping properties. Ms. Credicott said that the other property is a land -locked acre in Redmond. It will eventually be put out for sale, and offered to the adjacent property owners. Some interest has already been expressed. This item was placed on the Wednesday, April 9 consent agenda. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 8 of 10 Pages 23. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2003-031, Transferring Appropriations within Various Funds of the Clerk's Office, and Directing Entries. This item was placed on the Wednesday, April 9 consent agenda. 24. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2003-043, Transferring Cash among Various Funds as Budgeted in the Deschutes County Budget for Fiscal Year 2002-03, and Directing Entries. This item was placed on the Wednesday, April 9 consent agenda. 25. Before the Board was a Discussion and Consideration of Signature of Letters Appointing the Following Persons to the Central Oregon Intergovernmental Council Board, through December 2005: Clyde Stryker - Representing Tourism and Recreation Roger Lee - Representing Business and Industry Sharon Miller - Representing the Underemployed and Unemployed This item was placed on the Wednesday, April 9 consent agenda. 26. Before the Board were Additions to the Agenda. A. Rick Isham explained that some issues have arisen regarding the video conferencing and remote access project. The process was completed last year through an RFP process, which included field evaluations of the technology. In January the Board issued a notice of intent to award to Exhibit One, and several meetings and negotiation sessions have occurred since then regarding the scope and the price. Last week it became apparent that the original budget could not be met, even with some additional funds. To cut the project further would eliminate some of the significant reasons for doing it in the first place. The consensus was that the solicitation needs to be cancelled, and the project reevaluated. This item will be addressed at the regular Board meeting on Wednesday, April 9. Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 9 of 10 Pages B. Anna Johnson reminded the Board that this week is County Government Week, and the theme for this year is "caring for children". She attempted to involve the schools in various projects but thus far the response has been minimal. Being no further items brought before the Board, Chair Dennis Luke adjourned the meeting at 11:00 a.m. DATED this 7th Day of April 2003 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair Tom DeWolf, Commissioner ATTEST: Mi hael M. Daly, mmissioner c 6k� Recording Secretary Minutes of Board of Commissioners' Work Session Monday, April 7, 2003 Page 10 of 10 Pages FROM :ORGGONIANS IN ACTION FAX NO. :5036396891 Apr. 04 2003 01:11PM P2 ` c g a 1 C e n t e r. April 4, 2003 Deschutes County Community Development Department 117 NW Lafayette Ave, Bend, OR 97701-1925 ATTN: Damian Syrnyk Re: Watts Nonfarm Dwelling Applications CU -02-124 and MC -02-17 CU -02-125 and MC -02-17 CU -02-126 and MC -02-17 Dear. Damian: Pursuant to yesterday's telephone conversation, Jim Watts will agree to extend the 150 day period for an additional 14 days, so that we can seep a settlement of the above applications with Mr. and Mrs. Kuhn. If you need any additional information, give me a call. Voy/Fruly Yours, cc: Jim Watts Gary Parks ��- A Mailing Address.- P, 0. Box 230637 1 Tigard. OR 97281-0637 Street Address.' 8255 S. W. Hunziker Road, Suite 200 a Tigard, OR 97223 (503) 620-0258 • FAX (503) 639-6891 • website: www. ota. org FROM :OREGONIANS IN ACTION FAX NO. :5036396891 Apr. 04 2003 01:11PM P1 OWMAls llll� Legal Center Mniiing. P.O. Bos 23 063 7 Tigard OR 97281 Address: 8255 SW Runzike►Rd Suite #200 Tigard OR 97223 Phone(503) 620-0258 Far (5o3)639-6891 M! Fax 5'41 S r - 4, I/ # of pages . including cover. O UMerk ❑ For Review, O Please comma,*, O Please Reply, Q Pisa R.V w Note: r THIS FACSIMILE CONTAINS PRIVILICED AND CONFIDENTIAL INFORMA TION INTENDEO ONLY FOR TME USE OF THE ADDRESSEE NAMED ABO VF IF yt7UA" NOT THE INTENDED RECIPIENT OF THIS FACSIMILE, OR THE EMPLOYEE, OR AGENT JZF-V ONSIBLE FOR DEr_rVERrNG IT TO THE INTENbED RECIPIENT, YOUAREHERRBY NOTIFIED TWA TANYDISSEMINATION OR COPYING OF THIS FACSIMILE, OR THE TASINO OFANYACTIONBASEb OMIT, IS STR1CgLYPROHIBITFD. 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