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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 CERTIFICATE PAGE L C err. 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 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