2003-1213-Minutes for Meeting August 25,2003 Recorded 8/29/2003COUNTY
TES
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NANCYUBLANKENSHIP,FCOUNTY CLERKS vu 2003-12+3
COMMISSIONERS' JOURNAL 4812911443 11;21;24 AM
2003 11112121131111111
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DESCHUTES COUNTY CLERK
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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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 25, 2003
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Tom De Wolf; Commissioner
Michael M. Daly was out of the office. Also present were Mike Maier, County
Administrator; Scott Johnson, Commission on Children & Families; Tom Blust,
Gary Judd and George Kolb, Road Department; George Read, Damian Syrnyk,
Cynthia Smidt, Catherine Morrow and Steve Jorgensen, Community Development
Department; Susan Ross and Ted Schassberger, Commissioners' Office; media
representative Chris Barker of the Bulletin; and six 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 and Consideration of Signature of
Document No. 2003-394, an Agreement for NACo (National Association of
Counties) Grant Funds to Address Regional Child Care Issues.
Scott Johnson said this allows for the development of the regional work plan
regarding child care. Federal funds — a one-time planning grant - are also being
used for the project. Six counties out of about seventy applicants have received
this funding.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 1 of 10 Pages
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-393, an Amendment to an Agreement with COBRA
(Central Oregon Battering and Rape Alliance) to Include a Family Violence
Project.
Scott Johnson stated that $14,000 of general funds were committed earlier this
year, and will be matched by other funding.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-391, an Agreement with Central Oregon
Intergovernmental Council regarding the Administration of Federal Forest
Title III Monies for Fire Prevention Education and Planning.
Scott Aycock, a program administrator with COIC, said that COIC is requesting
$10,000 as Deschutes County's portion of the match for the project. He added
that that the project is a sub -project of the broader wildfire reduction project.
He said the goal is to reduce wildfire threat throughout the region. The
advisory council met to discuss strategies; one main impasse is how businesses
can gear up to utilize the small diameter trees. Unfortunately there's a major
disincentive for businesses to do this because the supply is not stable, and
there's no way for individual businesses to determine the volume for planning
purposes. The U.S. Forest Service and Bureau of Land Management have
agreed to develop a small diameter tree program; at this time, these smaller
trees are not considered a resource.
The program will include community monitoring in an effort to avoid delays
due to appeals and other issues; and will set a time frame.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 2 of 10 Pages
He added that the majority of the cost for the five-year program is in the first
year. This has been brought to all three regional counties, who together would
fund one-half of the non-public land side of the program. The Forest Service
will be responsible for $250,000. Jefferson County will contribute $10,000
provided that Deschutes County does as well.
Tom Blust stated that it is possible that Title III funds can be used for this
purpose, as excess funds exist.
Commissioner DeWolf moved approval, if Crook and Jefferson County agree to
contribute their $10,000.
Commissioner Luke said he had not had a chance to read over the material, and
was not ready to vote. He asked that this item be discussed more fully at the
Wednesday, August 27 Board meeting.
This item will be addressed on Wednesday, August 27.
5. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-045, Surrendering Portions of Hemlock Avenue and 11th
Street to the City of Redmond.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-098, Adopting the Deschutes County Five-year
Transportation Capital Improvement Program.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August LS, luus
Page 3 of 10 Pages
7. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-095, Initiating the Vacation of a Right -of -Way off
Alfalfa Market Road, Bend.
George Kolb said that the road does not follow the actual right of way. The
County doesn't need the right of way, and the owner would like to utilize it. No
utility easement needs to be retained.
This item will be addressed on Wednesday, August 27.
8. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-084,Vacating a Right -of -Way off Alfalfa Market Road,
Bend.
This item will be addressed on Wednesday, August 27.
9. Before the Board was a Discussion of a Public Hearing and Consideration
of Approval of the Engineer's Report and Signature of Order No. 2003-
071, Vacating a Portion of "E" Avenue, 18th Street and "C" Avenue,
Terrebonne.
George Kolb said no comments have been received on this issue, but the public
has provided comments in previous hearings regarding the general area.
The Public Hearing on this issue is scheduled for Wednesday, August 27, at
10 a.m.
10. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-088, Establishing a Designated Speed of 35 MPH on a
Portion of Sylvan Loop, Bend.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 4 of 10 Pages
11. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-089, Establishing a Designated Speed of 35 MPH on a
Portion of Boones Borough Drive, Bend.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-090, Establishing a Designated Speed of 35 MPH on a
Portion of Joe Neil Road, Bend.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Setting a Public
Hearing regarding Plan and Text Amendments regarding the Bend
Municipal Airport Master Plan.
Steve Jorgensen said that this was an application like any other; it is just very
involved. He explained that the three phases were established as appropriate, to
coincide with the usage. The current runway would be abandoned and
removed.
The master plan will be adopted into the comprehensive plan, and an
adjustment will be made to the AD zone, to bring it into compliance with the
master plan as amended in 2002. The plan was originally written in 1994.
Commissioner DeWolf stated that he is surprised that no public comments have
been received. He noted that when the plan was originally developed, City Hall
was packed with citizens.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2.003
Page 5 of 10 Pages
Mr. Jorgensen explained that the City conducted a lengthy public hearing
process before adopting the plan in 2002. There were a lot of public comments
submitted during that time, and the plan was modified accordingly. A big issue
was the runway extension, and the plan was modified as a result of public input.
That alone did a lot to appease concerns. He added that he has not received
complaints from people living around the airport for several years.
He added that the focus remains on restricting businesses to those related to the
airport industry. The current plan does have these restrictions in place, and the
updated plan will bring it into compliance. With the building and demand
currently occurring, no problem with vacancies is anticipated; and the DLCD
(Department of Land Conservation and Development) prefers the use be
restricted to airport related businesses. Businesses must go through a
conditional use permit process and will need to make a strong connection to
airport -related uses.
Commissioner DeWolf asked if a larger class of aircraft would be allowed as a
result of adopting this revised plan. Mr. Jorgensen replied that larger aircraft
can already use the existing runway. However, moving Nelson Road will allow
a major improvement, as the displaced threshold would be eliminated. The
master plan uses a business class of jet aircraft in the design criteria, and some
of these aircraft are already based at the airport. It is not a huge change, but
brings the airport to the level now enjoyed by Sunriver Airport. He added that
most of the changes are safety-related.
He said that the City has a fairly tight timeline to get FAA funding for this year.
Commissioner Luke stated that if public outreach has been done and no letters
have been received, addressing this at the regular Board meeting on September
10 should be adequate.
The Commissioners then discussed whether to hold an evening public hearing
instead, and it was decided that one will be held on Wednesday, October 22,
beginning at S: 30 p.m.
14. Before the Board was a Discussion of the Final Description of "Home
Occupation" in regard to the Proposed Home Occupation Ordinance.
Damian Syrnyk gave an overview of the final definition of a home occupation,
and said that some minor typographical errors had been corrected.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 6 of 10 Pages
Commissioner Luke stated that the definition is not clear in that it does not state
whether a home occupation that is not regulated under this ordinance is
regulated elsewhere. He said that it would be confusing to an average citizen to
determine whether a particular home occupation is regulated under some other
provision.
Laurie Craghead suggested that the wording could be changed from "not
regulated under this title" to "not regulated by Deschutes County". Mr. Symyk
indicated that he would make this change.
Commissioner Luke said that he is okay with the description once this change
has been made. Commissioner DeWolf also said that he is comfortable with the
description.
Both Commissioners also indicated that the property sizes as detailed could be
included in the draft ordinance for review and public discussion.
Mr. Syrnyk then referred to an oversized map that detailed the various lot sizes
within the County. He said that in the EFU zone, most properties are twenty or
more acres, and would meet the standard for up to five employees. He said
there are not that many properties between ten and twenty acres, but that those
would possibly qualify for outside storage of equipment.
He said in the RR -10 zone and MUA zone, most properties are less than ten
acres in size. This includes most rural residential properties. These properties
would not be eligible to have more than two employees or outside storage of
equipment.
Commissioner Luke asked if the majority of these properties are surrounded by
other properties of a similar or larger size. Mr. Syrnyk replied that there is no
good way to evaluate this, but it probably varies. He added that the size of
surrounding properties would be considered as part of the application process.
A public hearing regarding the draft ordinance has been scheduled for
Thursday, October 30, beginning at 5: 30 p.m.
15. Before the Board was a Discussion and Consideration of Signature of a
National Fire Plan Grant Application for the La Pine Neighborhood
Planning Area.
Catherine Morrow stated that this grant would be for the 500 -acre
neighborhood. The previous grant was for County -owned property.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 7 of 10 Pages
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Whether to Hear
an Appeal of the Hearings Officer's Approval of a Conditional Use Permit
and Landscape Management Site Plan Review Request (Applicant: Hass;
Property: on Lazy River Drive, La Pine).
Cynthia Smidt explained that the appeal is of the approval to establish a single
family dwelling and do some fill. She said all of the conditions had been set by
the Hearings Officer.
This item will be addressed on Wednesday, August 27.
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-087, Designating Certain Property (Outside the
Courthouse/Justice Building) as a County Park.
This item has been postponed, as the City will address it in about a week, before
the County takes action.
18. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-385, a Collection Agreement between Deschutes
County and the Oregon State Marine Board regarding Work related to
Boat Ramps and Parking Areas at Cultus Lake.
Mike Maier said that this is in regard to revenues from the marine fuel tax.
There is no cost to the County.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 8 of 10 Pages
19. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-1019 Transferring Appropriations within Healthy
Start Program Funds, and Directing Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-102, Authorizing the Transfer of Funds from the
Insurance Fund to the Information Technologies Reserve Fund, and
Directing Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
21. Before the Board was a Discussion and Consideration of Chair Signature of
an Oregon Liquor Control Commission Application from the Millican Store.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
22. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control Commission Application for Pronghorn.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monaay, tiugu5L /-J, /-VV-j
Page 9 of 10 Pages
23. Before the Board was a Discussion and Consideration of Signature of a
Letter Reappointing Judith Parker of La Pine, Norma Brenton of
Redmond, and Kathy Buckles of Bend (as Alternate) to the Deschutes
County Dog Control Board of Supervisors, through June 30, 2005.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes
LUKE: Chair votes yes.
24. Before the Board were Additions to the Agenda.
None was offered.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:10 a. m.
DATED this 25th Day of August 2003 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
Michael M. Daly, Commissioner
Minutes of Board of Commissioners' Work Session Monday, August 25, 2003
Page 10 of 10 Pages