2003-1340-Minutes for Meeting October 20,2003 Recorded 10/22/2003DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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CLERKDS IBJ 2003.1340
10/22/2003 09:04:34 AM
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, OCTOBER 20, 2003
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Tom DeWolf and Michael M. Daly; Commissioner
Dennis R. Luke was out of the office. Also present were Laurie Craghead, Legal
Counsel; George Kolb, Road Department; Greg Canfield, Mental Health
Department; Dan Peddycord, Health Department; Dave Peterson, Information
Technologies; Dennis Perkins, Ed Pecararo, George Read, Damian Syrnyk,
Christy Morgan, Cynthia Smidt, Steve Jorgensen and Kevin Harrison, Community
Development Department; Ronda DePuydt, Personnel; and Anna Johnson, Ted
Schassberger and Susan Ross, Commissioners' Office. Also in attendance were
media representatives Barney Lerten of bend.com and The Bugle, and Chris
Barker of the Bulletin; and nine other citizens.
Acting Chair Tom DeWolf 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
Resolution No. 2003-110, Accepting a Petition to Vacate a Portion of A.J.
Warrin (Jordan) Road (near Sisters); and Signature of Order No. 2003-
098, Setting a Date for the Public Hearing.
George Kolb gave an overview of the item, which is in regard to the Highway
20 road realignment and adjusting a problem intersection. The hearing is
planned for December 3.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 1 of 12 Pages
DALY: Move approval of Resolution No. 2003-110.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
DALY: Move approval of Order No. 2003-098.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-460, a Lease Agreement between Deschutes County
and John and Catherine Chrisley regarding the Park Place Program.
Greg Canfield stated that this renews a lease agreement for the property now
occupied by the Park Place program. It extends the lease for one year, since no
other arrangements could be worked out with the property owners. There is a
90 -day termination clause, so that when the Crisis Resolution Center is ready to
be occupied, clients can be transitioned into the new facility.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-459, a Services Agreement between Deschutes County
and Joseph Barrett, M.D., for the Provision of Psychiatric Services.
Greg Canfield explained that this contract would cover providing psychiatric
services to County clients for approximately four to eight hours per week.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 2 of 12 Pages
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-467, an Addendum to the Ready Set Go Contract.
Dan Peddycord said this provides an additional $11,000 for the Education
Service District, which increases nursing services time from 60% to 80%,
restoring part of what was previously cut.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-468, Grant Revision #1, Additional Funding from
Oregon Health Services for Bioterrorism Training.
This grant revision reflects increased federal funding of approximately $23,000,
primarily for an I.S. system for a secure site to communicate with federal, state
and other agencies during emergencies; it also includes some funding for
marginal staffing and materials.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
7. Before the Board was a Discussion and Consideration of Approval of
Policy No. 2003-104, Deschutes County Computer Use Policy.
Dave Peterson gave a brief overview of the policy.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 3 of 12 Pages
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-463, an Intergovernmental Service Contract with the
State of Oregon, Expanding County Services to Include Plumbing and
Structural/Mechanical Inspections.
George Read said this would be fill-in services as requested, and will be
revenue neutral.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-102, Changing a Road Name from Lariat to Lasso (located
outside Sisters).
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
10. Before the Board was a Discussion and Consideration of Signature of
Bargain & Sale Deeds for the Completion of a Land Exchange between
Deschutes County and the Baldwin -Herndon Trust for La Pine Property.
Damian Syrnyk said that this is the final step of this exchange, which will
ultimately provide land for the new La Pine Senior Center.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 4 of 12 Pages
11. Before the Board was a Discussion and Consideration of First and Second
Readings, and Adoption, by Emergency, of Ordinance No. 2003-033,
Amending the Transferable Development Credit Ordinance.
Christy Morgan explained that the ordinance would change some of the operational
standards of the County's Code. This simplifies the process for property owners
who are interested in the TDC program. Also, the current ordinance states that
property owners are required to provide the title report, but the County has been
handling this.
Additionally, the TDC review committee is composed of experts and there is
naturally a conflict of interest for all of them; the new ordinance would involve
changing the constitution of the committee so that staff could ask the appropriate
people to participate in an advisory capacity as needed.
Commissioner DeWolf asked what the process is for keeping the Board advised
of the makeup of the committee, and how people are selected to be these
advisors. Ms. Morgan replied that representatives are polled from the same
groups previously approved by the Board.
Laurie Craghead added that the ordinance can be modified so that staff is
required to let you know who is on the committee. The only problem is the
conflict of interest issue; i.e. the developer or an excavator profits from the
program. If they deal with the Board directly, it could be perceived that they
are advising the Board; so this could be reviewed at a staff level. The only
other option is having people on the committee who wouldn't have a possible
direct gain. Commissioner DeWolf noted that it would be hard to find others
who are not involved, given the complexity of the program. He added that he
would like to be advised of the membership on an annual basis.
This item will be further addressed at the Wednesday, October 22 Board
meeting.
12. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-109, Changing the Number of Transfer Development
Credits Needed for Development in the La Pine Neighborhood Planning Area.
Christy Morgan said the TDCs are currently set at 5.5 per net developable acre;
this would change to 4.6. Based on the USGS study of south County, the TDC
program not as effective reducing groundwater as originally thought.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 5 of 12 Pages
The County needs to transfer additional TDCs to avoid being subject to
additional Department of Environment Quality standards.
She added that the comprehensive plan identifies goals, with the most urgent
being groundwater quality.
This item will be further addressed at the Wednesday, October 22 Board meeting.
13. Before the Board was a Discussion and Consideration of a Decision to Deny
or Approve a Request to Trim/Prune Vegetation within the River
Meadows/Stage Stop Subdivision and Within an Area Protected by a
Conservation Easement along the Deschutes River.
Kevin Harrison and Cynthia Smidt gave an overview of the issue, which would
allow local residents to go onto property that is subject to a river conservation
easement so that they can trim willows in order to maintain their views of the
river from their residences. The conservation easement was conveyed to the
County in 1987 as part of a land use approval regarding the establishment of a
marina at River Meadows subdivision.
This is not a land use decision, so is not subject to land use procedures. The
background materials include the Hearings Officer's decision and the burden of
proof statement from 1987; and the burden of proof statement is the central
document in this case. Ms. Smidt highlighted the burden of proof references on
the documents provided to the Commissioners. The conservation easement
preserves in perpetuity a large wetlands area; and also served to put into place
required screening for the marina. Comments from U.S. Fish & Wildlife and
the U.S. Forest Service were included, along with the owners' explanatory
information and other correspondence. Ms. Smidt said that she can provide the
1987 staff report if the Board wants it.
Mr. Harrison further explained that the Board has the authority to grant
approval for people to enter the conservation easement to modify vegetation in
order to accommodate a view corridor.
(At this time the Board and Ms. Smidt reviewed an oversized map and an aerial
photograph showing the area and where residences are located.)
Laurie Craghead added that although this issue is not a public hearing, the
Board can choose to take testimony; however, an opportunity must be allowed
for rebuttal.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 6 of 12 Pages
Ray Cecchi, the owner of lot 14 in the River Meadows development, then
spoke. He said that the conservation easement was signed in 1989 by the
developer and the County; and that the governing board of the County has the
authority to grant this request. The current standards used by the County allow
for the trimming of vegetation; the standards clearly state that this can be
allowed and that they could take up to 50 cubic yards out. He added that in this
case they are talking about just a few wheelbarrow loads.
At this time he and the Commissioners reviewed an oversized map of the lots
and the general area. He also showed some photographs of the area and
indicated how the photographs relate to the map.
Mr. Cecchi stated that it was suggested that he and the other property owners
write a proposal, which they originally wrote to include trimming the area
outside of lots 9 through 23. However, this has been revised to include just lots
11 through 14.
He added that this involves common area; the subdivision Board has approved of
the pruning and the architectural committee has no problem with it. He said that
some areas were trimmed earlier this year, with the County's approval, prior to the
County locating the conservation easement and notifying the subdivision board.
He stated that the ditch is now dry, and it only flows part of the year. It is not
considered a fishery so tall vegetation is not needed for shade for the fish. The
marina was not placed in the natural channel, and instead was moved to the side
where it should be.
He said that the residents of the condos across the river cannot see the other
houses, and added that residences across the river have no vegetation in front of
them. They are allowed to put in a dock, or a concrete wall along the river
channel, and the vegetation can be taken out. One of the residences is a new
house and the owner put in some aspen trees but the dock extends into river
channel.
He said what he is trying to do is explain the lack of consistency. With the
vegetation growing as it is, there will be no view in a few years. There seems to
be two sets of standards, including the grandfathered ones with concrete walls,
no vegetation and boat docks. He stated that they just want to trim the willows
on a regular basis to maintain their views. He added that there is only one
property owner across the river who is a full-time resident. Many of the people
in his development are living there full time.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 7 of 12 Pages
He stated that in regard to the Fish & Wildlife letter, it simply gives a textbook
explanation; they did not do a site visit. He said they can't impair the habitat by
cutting off the top of the willows, as the willows will spread outward instead,
providing shade in that manner. He added that the U.S. Forest Service did not
do a site visit either.
Linda Quinonez, a neighbor of Mr. Cecchi, then spoke. She said she and her
husband bought their property in 1986, built their home in 1995 and retired to
live on the property full-time in 1999. She said that in regard to protecting the
environment in the area, the grandfathered properties have taken out all of the
natural vegetation and added concrete docks. The Association has done all it
can to comply with maintaining the naturalness of the river front, as it is why
the residents moved there.
She asked that the Commissioners again read the letter she and her husband sent
them. She said that they are not impacted personally by the vegetation, but are
impacted by the stress this issue is creating in the neighborhood. There are no
willows in front of their property naturally, but others are impacted directly by
huge willows. The vegetation would not be destroyed, just trimmed back
regularly. She noted that the residences on the other side of the river have
removed or do not maintain the natural vegetation there, but don't want the
residences in her development to be able to do any pruning.
Commissioner DeWolf asked if anyone else wished to speak; no one responded.
He then asked if staff has a recommendation for the Board. Kevin Harrison
stated that they could draft one before Wednesday if the Board so wished.
This item will be addressed further at the Wednesday, October 22 Board
meeting.
14. Before the Board was a Discussion of a Public Hearing regarding a Plan
Amendment to Adopt the Amended Bend Municipal Airport Master.
Steve Jorgensen said that there has been no public comments or letters received
on this issue. The Gibson Airpark LLC requested looking at the remainder of
the property orphaned by moving Nelson Road into the master plan itself, and
planned as part of the airport for future development with airport related uses.
He added that this needs to be pursued at the City level; the County can't
address it until the airport builds out and demand requires expansion.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 8 of 12 Pages
He added that the zoning was modeled on the Bend light industrial zone, which
includes non -aviation uses as an economic issue to bring in more money. The
revised master plan clearly identifies the users to be aviation related or benefiting
from an airport location. This would also amend County code to eliminate those
businesses not aviation related or benefiting by an on -airport location. All of the
non -aviation users originally there are now gone, per the City.
This item will be addressed at a public hearing scheduled for Wednesday,
October 22, at 5:30 p.m.
15. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-376, Assigning a Development Contract with Pahlisch
Homes, Inc. for the First Quadrant of Newberry Neighborhood to Elk
Horn Development, LLC.
Laurie Craghead said this was previously brought before the Board. Elk Horn
Development has now been licensed by the Contractors' Board, and wording
was added that the Commissioners must approve any additional members who
are appointed to the LLC.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-090, Declaring Intent to Initiate the Annexation of the
Newberry Neighborhood into the La Pine Special Sewer District, and
Setting a Hearing Date.
Laurie Craghead said that this is the first step in getting the Newberry
Neighborhood into the District.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY:
DEWOLF
Yes.
Acting Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 9 of 12 Pages
17. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-101, Accepting the Petition of Raymond Higginbotham to
Initiate the Annexation of Territory into the La Pine Rural Fire Protection
District, and Setting a Hearing Date.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-120, Adoption of the VantageCare Retirement Health
Savings (RHS) Program.
Ronda DePuydt explained that this would be a new employee benefit that
would allow employees to build an account of pre-tax money for health related
expenses to be used after age 50, after termination, or when retired. The
savings can roll over from year to year if not used.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
19. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-466, a Construction Management Agreement with
Central Oregon Regional Housing Authority regarding the Construction of
the Crisis Resolution Center.
Susan Ross stated that this is the final contract for the Crisis Resolution Center.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 10 of 12 Pages
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-121, Authorizing Signers for Bank Accounts on Behalf
of Deschutes County.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
21. Before the Board was a Discussion of Approval of Weekly Accounts
Payable Vouchers without the Review of the County Administrator.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-119, Authorizing Interfund Loans for the Sunriver
Service District.
Sharon Smith and Bill Starks explained that approval of this resolution would
allow borrowing from the reserves fund to pay for operations while waiting for
tax payments to come in.
DALY: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Acting Chair votes yes.
23. ADDITIONS TO THE AGENDA
None were offered.
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 11 of 12 Pages
Being no further items brought before the Board, the meeting adjourned at
11:25 a.m.
DATED this 20th Day of October 2003 for the Deschutes County Board
of Commissioners.
ATTEST:
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Work Session Monday, October 20, 2003
Page 12 of 12 Pages