2003-1353-Minutes for Meeting October 27,2003 Recorded 10/31/2003DESCH
TES COUNTY OFFICIAL
UBLANKENSHIP, COUNTY CLERKS 1�V 003.1353
NANCY
COMMISSIONERS' JOURNAL 10/31/2003 08:42:56 AM
111111111 IN 111111111111111 III
2003-1303
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 27, 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 George Read, Paul Blikstad, Kevin Harrison and Damian
Syrnyk, Community Development; Sue Brewster, Sheriff's Office; Tom Blust and
George Kolb, Road Department; Greg Canfield, Mental Health Department;
Laurie Craghead and Mark Pilliod, Legal Counsel; Anna Johnson, Judith Ure and
Susan Ross, Commissioners' Office; media representative Chris Barker of the
Bulletin, and two other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Discussion of a Presentation and Proclamation
Declaring November as Mediation Month in Deschutes County. —Alan
Burke, Community Dispute Resolution Program
This item will be addressed at the Wednesday, October 29 Board meeting.
3. Before the Board was Discussion of a Presentation and Update regarding
the Healthy Beginnings Program. — Holly Remer, Healthy Beginnings
Program Director
This item will be addressed at the Wednesday, October 29 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 1 of 10 Pages
4. Before the Board was Discussion and Consideration of Signature of
Document No. 2003-478, an Amendment to the Radio Communications
Agreements with the City of Bend and Bend Public Works.
Sue Brewster stated that the document included the wrong amount, although the
correct funding was budgeted.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
5. Before the Board was Discussion and Consideration of Signature of
Document No. 2003-477, an Amendment Continuing a Contract with a
Department of Human Services to Provide Services under the Family
Based Service Program.
Greg Canfield gave an overview of the contract, which is a renewal that focuses
on problem areas regarding family abuse issues. It appears there are extra
dollars but the amendment takes into consideration the total, including some
dollars from the previous year. The actual total for this year has gone down
slightly.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
6. Before the Board was Discussion and Consideration of Signature of
Document No. 2003-451, an Amendment Increasing Pass-through Dollars
from the State for Residential, Supported Living and Foster Home Care.
Commissioner Luke asked how this can be accepted when it is not budgeted.
Susan Ross explained that this is addressed through a new grant appropriation.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 2 of 10 Pages
Greg Canfield said it corrects a typographical error, and the amount addressed
is small. He added that it is unknown at this point what the legislature will do
in the spring in regard to funding various programs.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
7. Before the Board was Discussion and Consideration of Signature of
Document No. 2003-473, Applying Increased State Funding to Mental
Health Programs (Non-residential Adult Treatment, Crisis Services and
Child & Adolescent Mental Health Services).
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
8. Before the Board was Discussion and Consideration of Signature of
Document No. 2003-472, an Amendment Increasing the County's Budget to
Provide. Treatment and Supervision to Persons under the Jurisdiction of
the Psychiatric Review Board.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
9. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2003-124, Accepting a Right -of -Way to West Butte Road,
and Relinquishing all RS 2477 Right -of -Way to George Millican Road.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 3 of 10 Pages
George Kolb gave an overview of the changes regarding the right-of-way
process. The vacation of the public right of way still needs to go through a state
process as well.
A brief discussion then took place regarding relinquishing the road right-of-
way. George Kolb stated that RS 2477 was meant to help develop the west, and
involved the federal government granting the rights-of-way to counties.
Commissioner DeWolf said that it is his understanding that establishing the new
right-of-way is contingent on relinquishing the old right-of-way. Mr. Blust
concurred.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
10. Before the Board was Discussion and Consideration of Signature of an
Acceptance Deed for a Right -of -Way Dedicated by Central Electric
Cooperative for the New Entrance to Knott Landfill.
George Kolb gave an overview of the item. This relates to the new entrance to
Knott landfill, and there is no cost to the County.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
11. Before the Board was Discussion and Consideration of County Support of
a Federal/Private Property Exchange of Land Located along the Little
Deschutes River, to Consolidate Public Land Holdings.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 4 of 10 Pages
George Read and Myles Conway, an attorney representing Jim Young, then
came before the Board. George Read stated that at a part of the regional
problem solving project, the acquisition of the new neighborhood property
came with a condition regarding an environmentally sensitive land purchase in
Central Oregon. It was understood that it would likely be the Casey tract. The
fund was not enough to buy the entire tract, so a land exchange is taking place.
Myles Conway asked for the Commissioners' support of a land exchange with
the Bureau of Land Management. He said that the land Mr. Young would like
to exchange is a 437 -acre ranch parcel, located just north of La Pine State
Recreation Area. Currently there is very little public access on the Deschutes
River, and this would provide good access for recreation purposes. The BLM
has determined the area contains unique oxbow habitat, and is also located
within a major migration area for approximately 18,000 deer and elk. (At this
time he referred to a map and photographs). The river corridor is almost
exclusively in private hands. This is the last link between east and west.
In exchange Mr. Young would receive 174 acres in the La Pie area, and would
convey nineteen of those into public ownership. None of the acreage he would
receive is on the river or is riparian.
Significant dialogue with La Pine residents has taken place. Ten acres adjacent
to the current school site would be provided to the school district, which needs it.
Another four acres would be provided for Central Oregon Community College;
COCC now rents a facility. It is hoped this will help attract a satellite campus.
There is also a five -acre donation to the schools or the La Pine Park District.
Mr. Young will also donate $10,000 in cash and provide a $5,000 grant to help
build appropriate facilities.
George Read explained that this exchange was originally approved by the BLM
in 2001. These parcels are important to the La Pine community. There is
widespread support for the exchange, which could greatly benefit the area.
Commissioner DeWolf asked if there is a downside to the exchange. Mr. Read
said that some basic issues that have come up are how much could be needed
for community uses, and should the BLM get rid of it. When BLM does a land
exchange, they can only look at needs for next ten years and those that are
funded and likely to occur in the near future. The Park District has some plans
for lots of land in the area, and this exchange could eliminate some of that
opportunity. The Park District has no funding, which BLM does consider.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 5 of 10 Pages
Mr. Conway added that this is pending before the BLM, and he is trying to
gather as much support as possible for this exchange.
Commissioner Luke asked that this item be on the Wednesday agenda for
further discussion in case someone wants to comment.
This item will be addressed further at the Wednesday, October 29 Board
meeting.
12. Before the Board was Discussion of a Public Hearing on Ordinance No.
2003-034, Text Amendments regarding the Landscape Management
Combining Zone and Site Plan Review.
Paul Blikstad said this is a County -initiated change, per the Commissioners'
instruction. He said the Planning Commission discussed and unanimously
approved it. He then gave a brief overview of the item and said that it's the
opinion of staff that a landscape management review is sufficient, and a
separate site plan review is not necessary for this type of farm use.
Mike Daly said two people have complained to him about the fees charged for
permission to build a barn in the area.
Mr. Blikstad replied that if it is in the landscape management zone and the
structure could be visible from the road or the river, a higher fee is required.
Commissioner Luke observed that this ordinance would eliminate the site plan
review fee.
Laurie Craghead clarified that in practice this has not been done, but the
ordinance change insures it won't be done in the future. The Hearings Officer
has only required it for the Cascade Gardens issue. George Read added that this
change won't affect the Cascade Gardens appeal unless they start over.
This item will be addressed at the Wednesday, October 29 Board meeting.
13. Before the Board was Discussion of a Public Hearing regarding the
Proposed Adoption of Ordinance No. 2003-003, Addressing Home Business
Occupations.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 6 of 10 Pages
Damian Syrnyk said the latest version of the ordinance is to be considered at the
public meeting of October 28. New correspondence from Dennis Krakow is
included in packet.
Mr. Syrnyk said he has provided both written and electronic mail notifications,
did a press release and an update was put in the County's recent Citizen Update
newsletter included in the Bulletin. The meeting has also been posted to the
County website.
He added that regarding Type 2 home occupations, the Board needs to decide
how it would be reviewed and what the fee is. The goal is for it to be cheaper
and quicker than a Type 3.
14. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2003-125, Appropriating New Grant Funds for the Juvenile
Community Justice Department.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
15. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2003-123, Transferring Appropriations within the Fiscal
Year 2003-04 Health Department Budget.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
16. Before the Board was Discussion and Consideration of Signature of Order
No. 2003-103, Authorizing Advance of Taxes, Assessments and Charges to
Small Tax Districts.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 7 of 10 Pages
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
17. Before the Board was Discussion and Consideration of Signature of a
Letter Reappointing Diane Adams to the Howell's Hilltop Acres Special
Road District, through December 31, 2005.
Mike Daly said that he got a letter from some of the residents, complaining on
how the District is being run. Mark Pilliod stated that the issue is with the
District, not the County. The County doesn't have the authority to intervene.
Dennis Luke said that her term expired the end of last year. Mr. Pilliod said
that she might have continued because no one wanted to run.
Mike Daly wanted to further discuss this issue.
This item will be further addressed at the Wednesday, October 29 Board
meeting.
18. Before the Board was Discussion and Consideration of Signature of a Letter
Appointing Jason Sutterfield to the Board of Deschutes River Recreation
Homesites Special Road District No. 6, through December 31, 2005.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
19. Before the Board was Discussion and Consideration of Chair Signature of
an Oregon Liquor Control Commission Application for Tumalo Tavern.
William Kuhn, citizen, had a procedural question; whether there is a County
person responsible for approving an OLCC application before the Board
reviews it. Commissioner DeWolf explained that it goes to the Sheriff first.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 8 of 10 Pages
Mr. Kuhn requested to see the names on the application, and Commissioner
Luke gave him his copy.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
20. ADDITIONS TO THE AGENDA
A. Before the Board was Discussion and Consideration of First and Second
Readings and Adoption, by Emergency, of Ordinance No. 2003-037,
Establishing the Chain of Succession for Executive Responsibility in an
Emergency.
This item will be addressed at the Wednesday, October 29 Board meeting.
B. Before the Board was Discussion and Consideration of Signature of a
Memorandum of Understanding with the City of Bend regarding the
County's Application for Expansion of the Road Department Building.
Laurie Craghead said that the County applied to the City of Bend to expand
the Road Department's facility. The City required a sidewalk to be installed
along the entire frontage of the property; the County appealed. The City has
now approved the appeal, allowing the sidewalks to be put in when the other
areas to the north and south are developed.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Being no further items brought before the Board, the meeting adjourned at
11:20 a.m.
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 9 of 10 Pages
DATED this 27th Day of October 2003 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
f�
Dennis R. Luke, Chair
Tom DeWolf, Co issioner
Minutes of Board of Commissioners' Work Session Monday, October 27, 2003
Page 10 of 10 Pages