2003-1291-Minutes for Meeting September 22,2003 Recorded 10/1/2003COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2003.1291
COMMISSIONERS' JOURNAL 10/01/2003 12;51;46 PM
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2003-1283
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, SEPTEMBER 229 2003
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom DeWolf was out of the office. Also present were George Kolb, Road
Department; Robin Marshall, Commission on Children & Families; Laurie
Craghead and Mark Pilliod, Legal Counsel; Becky Jackson, Parole & Probation;
Anna Johnson and Susan Ross, Commissioners' Officer; Sue Brewster, Sheriff's
Office; George Read, John Mason, Kevin Harrison, Catherine Morrow, Christy
Morgan and Jon Skidmore, Community Development Department; Tammy
Credicott, Property Management; media representative Chris Barker of the
Bulletin; and two 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 Approval of
County Sponsorship, by Providing an "at Cost" Fairgrounds Rental Fee, of
the Oregon Rural Development Council's "Growing the Renewable Energy
Industry in Central Oregon" Forum. — MerrieSue Carlson, Governor's
Office; or ORDC Representative
This item will be addressed on Wednesday, September 24.
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 1 of 8 Pages
3. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-097, Amending the Emergency Jail Management Plan.
Sue Brewster explained that some clarifications were made; for instance, male
and female inmates have to be counted differently, and gender word usage was
cleaned up.
Becky Jackson said she hasn't yet read the entire document, but has discussed
changes with Sue Brewster and agrees with that the changes are appropriate.
This item was placed on the Wednesday, September 24 consent agenda.
4. Before the Board was a Discussion and Consideration of Signature of
Community Action Team Contracts for 2003-04 (for Various Alcohol and
Other Drug Prevention Programs).
Robin Marshall of the Prevention Office explained that this program, which
provides a focus on substance abuse issues, receives ongoing funding from
State and Federal agencies.
This item was placed on the Wednesday, September 24 consent agenda.
5. Before the Board was a Discussion and Consideration of Chair Signature
of Document No. 2003-420, an Agreement between Bend Police
Department and Deschutes County, Enabling Deschutes County Parole &
Probation Department to Use the Firearms Range for Training Purposes.
Becky Jackson explained that arming is optional for the Parole and Probation
officers. If they choose to be armed, they must qualify once every four months.
The City's range is the only one available, and all area law enforcement
agencies use this one.
This item was placed on the Wednesday, September 24 consent agenda.
6. Before the Board was a Discussion and Consideration of Signature of a
Document No. 2003-421, a Deed of Dedication and Acceptance for a Right -
of -Way through County -owned Property on Negus Way for Central
Electric Cooperative.
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 2 of 8 Pages
George Kolb stated that Central Electric Cooperative needs a right-of-way for a
stretch of power line, and this action will legalize Negus Way to complete the
process.
This item was placed on the Wednesday, September 24 consent agenda.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-422, a Utility Easement for Central Electric
Cooperative on County -owned Property, Negus Way.
Tammy Credicott stated that this relates to the previous agenda item. A
dedicated area will hold pole and wires; but for cost effectiveness, Central
Electric Cooperative has requested that two of the poles be place on small
pocket easements for guy wires.
This item was placed on the Wednesday, September 24 consent agenda.
8. Before the Board was a Discussion and Consideration of Signature of
Contracts (No. 2003-407 through 414) between Deschutes County and Local
School Districts regarding the Inspection of Food Preparation Facilities.
This item was placed on the Wednesday, September 24 consent agenda.
9. Before the Board was a Discussion and Consideration of First Reading of
Ordinances No. 2003-079 and 2003-080, Regarding the Designation of
Eight Tax Lots as Rural Commercial (a Portion of Ahern Acres, La Pine).
Jon Skidmore said that the Board discussed and decided on this issue earlier in
the year. Laurie Craghead indicated that the public hearing previously held was
only in regard to the addition of the extra lot.
This item will be addressed on Wednesday, September 24.
10. Before the Board was a Discussion of a Public Hearing, and Consideration
of Adoption, by Emergency, of Ordinances No. 2003-028 and 2003-029,
Amending Zoning and Text regarding the La Pine Neighborhood Planning
Area District.
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 3 of 8 Pages
Christy Morgan explained that these changes were requested by Pahlisch
Homes, and would allow minimum lot widths of 35 feet; the first phase of the
project includes zero lot line single family homes. The Board approved this in
July. It would only be allowed in the neighborhood planning area, but since
then there are three others area of the code that were not revised at that time.
This phase could be used for condominiums, but Pahlisch Homes prefers to
build single family detached, zero -lot line homes instead.
She went on to stated that Pahlisch Homes is waiting for these minor code
adjustments to be made to the code changes that were already adopted so that
they can proceed with the project. These are technical amendments to make the
code consistent.
She said that the second amendment is a request by Pahlisch Homes to build an
outdoor recreational storage area to keep big equipment, primarily recreational
equipment, off individual lots. This designated area would help to keep the area
looking neat.
Catherine Morrow added that this is not presently an allowed use in the County.
However, for a more urban development such as this one, there won't be a
place to put big toys; so it makes sense for the neighborhood. Only those living
in the neighborhood would be able to use the storage area. It would be a
conditional use. The Planning Commission unanimously approved the outside
storage area concept.
Laurie Craghead stated that other developers within that same neighborhood
area would be able to provide the same type of storage facility.
This item will be addressed further on Wednesday, September 24.
11. Before the Board was a Discussion of a Public Hearing and Consideration
of First Reading of Ordinance No. 2003-031, regarding Urban Reserve
Areas Eligible for Resort Siting.
Catherine Morrow stated that was generated out of the City of Bend's periodic
review process, which is conducted every four to ten years. This is the only
time changes can be made. The proposed area is 116 acres, and is commonly
known as the Westgate property off Century Drive, formerly owned by Bend
Metro Park & Recreation District. (At this time she and the Board referred to
several maps.)
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 4 of 8 Pages
Ms. Morrow stated that Cascade Highlands has requested this change. The
property is located outside the urban growth boundary, but is inside the urban
review area. It is in the Bend general plan, but is not under the jurisdiction of
the City. The City has had a hearing and adopted its amendment; so it now
goes to the County.
George Read said that it isn't resource land by definition. The mapping process
identified six areas for urban reserve that could have destination resorts. There
was a big debate in 1996-97, and 1000 Friends of Oregon were involved. They
did not oppose this; and in fact many people viewed it as a gradual change in
density to public lands, and a good transition from urban to public lands,
especially in regard to transportation issues.
Commissioner Luke asked that a map with more detail on the specific area be
provide by Wednesday. Catherine Morrow advised that representatives of the
City will attend the Wednesday meeting.
This item will be further addressed on Wednesday, September 24.
12. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-376, an Assignment of Development Agreement No.
2003-239, from Pahlisch Homes, Inc. to Elk Horn Development, LLC.
Laurie Craghead explained that Pahlisch Homes formed Elk Horn
Development, LLC, and the sole member is Dennis Pahlisch. She said she
proposes that Pahlisch Homes stay on as a guarantor in the event of default.
Commissioner Luke stated that he would like to see an additional requirement
that there will be no additions to the LLC without County approval, although
this would not be unreasonably withheld.
This item will be further addressed on Wednesday, September 24.
13. Before the Board was a Discussion of a Public Hearing, and Consideration
of Signature of Resolution No. 2003-111, Approving the Issuance of
Hospital Revenue Bonds by the Hospital Facility Authority of Deschutes
County. — Doug Goe (Orrick, Herrington & Sutcliffe LLP), Tom Saffley
(Cascade Health Services/St. Charles Medical Center), and Marty Wynne,
Finance Department
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 5 of 8 Pages
Commissioner Daly said that he attended a meeting on this issue. The $13
million in bonds is to revamp the heating system, and is a small part of the $100
million expansion project.
This item will be further addressed on Wednesday, September 24.
14. Before the Board was a Discussion and Consideration of Chair Signature
of Document No. 2003-418, an Audit Engagement Letter between
Deschutes County and Moss Adams LLP, Adding Auditing Services for
Fiscal Year 2002-03.
This item was placed on the Wednesday, September 24 consent agenda.
15. Before the Board was a Discussion of a Public Hearing to Obtain Citizen
Comments regarding the Alyce Hatch Community Center Expansion
Project.
Susan Ross stated that this hearing is a requirement of the block grant.
This item will be addressed on Wednesday, September 24.
16. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-087, Designating Certain Property (at the Courthouse
Property) as a County Park.
Susan Ross explained that the parcel would be designed for walkways and the
park. Commissioner Daly asked if there are any unforeseen restrictions by
designating the entire property. Ms. Ross said that she will research statute
related to parks use to make sure there aren't any limitations.
This item was delayed until Wednesday, October 1.
17. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Seth Elliff to the Spring River Special Road District,
through June 2006.
DALY: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Monday, September zz, zuus
Page 6 of 8 Pages
VOTE: DALY: Yes.
LUKE: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Approval of a
Resolution Adopted by the La Pine Special Sewer District, Creating a La
Pine Special Sewer District Public Contract Review Board.
Commissioner Luke stated that this would allow the District to exempt itself
from model rules. He asked that if they are using federal dollars for expansion,
plus bond funds, would this create a problem.
Laurie Craghead replied that the Commissioners have no say in this regard; and
that part of this would be covered by how the County's intergovernmental
agreements with the District are written.
This item will be further addressed on Wednesday, September 24.
19. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion of Signature of a Letter Appointing
Dee Parish to the Newberry Estates Special Road District, through
December 31, 2004.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-428, an Intergovernmental Agreement between
Deschutes County and the Oregon Board of Parole and Post -Prison
Supervision regarding Parole Violation Hearings.
Becky Jackson said that her department can conduct its own hearings, or the
State will conduct them. She stated that Deschutes County Parole &
Probation prefers to conduct the hearings, as Salem doesn't always take the
status of local resources into account.
Minutes of Board of Commissioners' Work Session Monday, Neptemoer
Page 7 of 8 Pages
In exchange, the State Parole Board provides a small amount of funding.
This continues the existing program.
This item was placed on the Wednesday, September 24 consent agenda.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:15 a.m.
DATED this 22nd Day of September 2003 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
is ael . Daly, Com ssioner
Minutes of Board of Commissioners' Work Session Monday, September 22, 2003
Page 8 of 8 Pages