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2004-794-Minutes for Meeting May 10,2004 Recorded 5/13/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS vu 2001.791 COMMISSIONERS' JOURNAL 0511312004 09:29:54 AM 1111111 I11111111111111 II III 2 -7B DESCHUTES COUNTY CLERK CERTIFICATE PAGE C �uj n 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.orc MINUTES OF WORK SESSION DESC1 UTES COUNTY BOARD OF COMMISSIONERS MONDAY, MAY 109 2004 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf. Also present were Mike Maier, County Administrator; Tom Blust and Gary Judd, Road Department; Laurie Craghead, Legal Counsel; Tom Anderson, Kevin Harrison and , Community Development; Timm Schimke, Solid Waste Department; David Givans and Anna Johnson, Commissioners' Office; media representatives Barney Lerten of bend. com and The Bugle, Jeff Mullins of KBND Radio, and Chris Barker of the Bulletin; and six other citizens. Chair Daly opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Presentation of the Skip Prante Prevention Award to Wendi Worthington (Americorp Volunteer with the Health Department). This item is scheduled for the Monday, May 24 Board meeting. 3. Before the Board was Discussion of a Presentation and Update of the Upper Deschutes River Communities Wildfire Protection Plan. This item is scheduled for the Wednesday, May 12 Board meeting. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 1 of 10 Pages 4. Before the Board was Discussion and Consideration of Approval Proclamation of the Implementation of the B -Physical Activity Academy. This item is scheduled for the Wednesday, May 12 Board meeting. 5. Before the Board was Discussion of the Reading of a Proclamation Declaring May 19, 2004 "Employee Health and Fitness Day" in Deschutes County. This item is scheduled for the Wednesday, May 12 Board meeting. 6. Before the Board was Discussion of a Public Hearing on the Bandley Road Local Improvement District; and Consideration of Signature of Resolution No. 2004-049, Directing Bandley Road Improvements to be Made by Contract. Gary Judd said that he has not received any recent comments. Previously the ballot showed six property owners in favor, one against. This item is scheduled for the Wednesday, May 12 Board meeting. 7. Before the Board was Discussion and Consideration of Signature of Resolution No. 2004-051, Authorizing Reimbursement of Funds Expended during the Local Improvement Process for the Bandley Road Local Improvement Project. This item is scheduled for the Wednesday, May 12 Board meeting. 8. Before the Board was Discussion of a Public Hearing and Consideration of Signature of Resolution No. 2004-052, Directing Kiowa Drive Local Improvement District Improvements Made by Contract. Gary Judd stated that there are twenty-one lots involved, and 62% were in favor and 14% didn't vote. This item is scheduled for the Wednesday, May 12 Board meeting. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 2 of 10 Pages 9. Before the Board was Discussion and Consideration of Signature of Resolution No. 2004-053, Declaring the County's Intent to Issue Obligations to Reimburse the County for Certain Expenditures related to Kiowa Drive Local Improvement District. This item is scheduled for the Wednesday, May 12 Board meeting. 10. Before the Board was Discussion and Consideration of Signature of Document No. 2004-194, a Services Agreement between the State of Oregon and Deschutes County to Provide Food -borne Illness Prevention Program Services to Facilities. Tom Anderson explained that this is an interim agreement that covers services until June. A new agreement will come before the Board at that time. Some changes have been made by the State, tightening up certain requirements and making the inspections more consistent on a statewide basis. DEWOLF: Move approval. DALY: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 11. Before the Board was Discussion and Consideration of Signature of Document No. 2004-172, an Intergovernmental Agreement between Deschutes County and the City of Redmond to Provide Addressing Services to the City. Tom Anderson stated that the City of Redmond has a problem with some of their street names being duplicated. This will correct some of the problems that now exist. It is a six-month pilot program to take in applications for subdivisions to make sure the names are not duplicated and that the house numbers are in a logical sequence. The City has adopted an addressing ordinance so that the City will be able to make changes to street names as necessary in the future through a public process. DEWOLF: Move approval. LUKE: Second. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 3 of 10 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 12. Before the Board was Discussion and Consideration of Signature of Document No. 2004-184, a Services Contract between Deschutes County and Merrill O'Sullivan, LLP for Land Use Hearings Officer Services (Tia Lewis). Kevin Harrison explained that Tia Lewis' contract expires at the end of May. Recruiting is taking place to fill that position, but it would be helpful for Ms. Lewis's contract for two months. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 13. Before the Board was Discussion and Consideration of Whether to Hear an Appeal of the Hearings Officer's Decision Approving a Conditional Use Permit and Site Plan Review to Relocate Existing Landfill -related Facilities at Knott Landfill to the County's North Development Area. DENNIS LUKE: For the benefit of the audience who may have not been through one of these before, maybe you can explain some of the ground rules, such as who can be heard and who can't. TOM DEWOLF: This is scheduled for Wednesday. LAURIE CRAGHEAD: Only staff today. LUKE: We have quite a few members of the audience who have some interest in this, and I thought maybe you could state how these things work. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 4 of 10 Pages CRAGHEAD: In considering whether to hear an appeal, Code allows you to consider the record, recommendations from staff, and the notice of appeal. That is it. LUKE: So we can't take public testimony. CRAGHEAD: Correct. LUKE: Staff can advise us of things that are in the record. CRAGHEAD: Correct. DALY: This is for Wednesday, though. LUKE: As they always do, they're going to try to answer any questions we might have or get questions from us that they might want to answer on Wednesday. They're here. CRAGHEAD: This is an issue that was appealed by one of the neighbors, Gretchen Grivel, filed by her attorney, Andrew Stamp. He has raised several issues, including some procedural issues, whether or not this is an initial hearing, and therefore what the fee is for this. There will be some initial findings that you will need to make on Wednesday, because you will determine, if this is an initial hearing, whether to provide a transcript for the hearing, assuming you decide to hear this. And also, what the appeal fee will be at that time. This is a bit unusual; it's not like your normal decision as to whether to hear it, and whether it should be de novo, limited de novo or on the record. You do need to make an initial finding on Wednesday as to whether it is an initial hearing, so that you can determine if some other procedures need to happen. Normally if it not the initial appeal, the appellant is required — Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 5 of 10 Pages DEWOLF: Initial hearing? CRAGHEAD: Meaning, is this the first hearing, versus an appeal hearing. DEWOLF: We've had a hearing. How can this be the initial hearing? CRAGHEAD: There were some arguments that were raised by the appellant's counsel as to why this would be, because of faulty notice; and also brining up, under State statute, under a sub -2 use, for solid waste disposal. LUKE: The governing body is to make the decision. CRAGHEAD: Now there are some other issues there. Even though the governing body is supposed to do the ultimate decision, that doesn't necessarily preclude that you have a hearing in front of the Hearings Officer. The ultimate decision would have to be from the governing body under that statute. There's some question as to whether that statute applies. DEWOLF: This appeal is to us, not the Hearings Officer? CRAGHEAD: Correct. We will have those decisions to make. DEWOLF: Will you have some advice for us on whether this can be called an initial hearing? CRAGHEAD: Yes. LUKE: The decisions that have to be made were listed in your staff report, if I remember correctly. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 6 of 10 Pages CATHY WHITE: I have outlined on the memo to the Board five different things for the Board to consider on Wednesday. Laurie has outlined most of them; I've just taken them through a chronological order. LUKE: Is this available to anyone who wants to see it? CRAGHEAD: It is in the record now. WHITE: It's on line in terms of the Commissioners' public meetings. It's scanned in. I also have a couple of copies with me today for anyone who wants one. CRAGHEAD: I will say that we will make a recommendation that whether this is called an initial hearing, we do recommend that the Board hear this appeal. We will make a recommendation that whether it is called an initial hearing, that the fee be waived, the $250 per file, which is a total of $500, because that's how the original appeal fee was determined. There are actually two files involved in this, even though it was one decision. Also, we still have to work out whether we would recommend limited de novo or de novo. LUKE: On Wednesday I would like some discussion on whether we can kick this back to the Hearings Officer. I understand that the governing body has to make the decision, but as you mentioned a bit ago, there's nothing that says the Hearings Officer can't hear it first and get through the legal parts of it. We can talk about this on Wednesday. WHITE: In regard to whether to grant the appellant's request for a fee, one of the arguments they present is this ORS that requires the Board to make decisions on landfills. The Hearings Officer found in this particular application that the relocation of the office buildings and the recycling components of the existing landfill does not constitute a new landfill. So, that's going to be an interpretative question. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 7 of 10 Pages DEWOLF: So all we are going to do Wednesday is deciding whether to hear this. CRAGHEAD: Whether to hear it, and also whether to determine if it is to be considered an initial hearing. DEWOLF: But the hearing won't be on Wednesday. And then are we under any time constraints? CRAGHEAD: We are, but it is a matter of whether the County wants to waive the 150 days on its own application. And because this is such an unusual procedure, and we're starting over again, the 150 days passed a long time ago. Legal Counsel will also recommend that regardless of whether this is called an initial hearing, the transcript requirement should be waived as well. This item is scheduled for the Wednesday, May 12 Board meeting. 14. Before the Board was Discussion and Consideration of Signature of Order No. 2004-040, Placing a Ballot Measure before Voters on the November 2004 General Election Ballot regarding the Formation of a Transit District. Laurie Craghead said this request came from the City of Bend. She added that some of the documentation has not yet been received. This district would be formed differently than other special districts, and there are several statutory deadlines involved. This item is scheduled for the Wednesday, May 12 Board meeting. 15. Before the Board was Discussion and Consideration of Signature of Policy No. 2004-109, Revisions to the Employee Travel, Meal and Miscellaneous ExpenseReimbursementPolicy (to Comply with Current IRS Guidelines). This item is to be placed on the Wednesday, May 12 consent agenda. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 8 of 10 Pages 16. Before the Board was Discussion and Consideration of Signature of Resolution No. 2004-050, Transferring Appropriations within the Deschutes County Insurance Reserve Fund. This item is to be placed on the Wednesday, May 12 consent agenda. 17. Before the Board was Discussion and Consideration of Signature of Resolution No. 2004-044, Transferring Appropriations within the Deschutes County Sheriffs Office Fund. This item is to be placed on the Wednesday, May 12 consent agenda. 18. Before the Board was Discussion and Consideration of Signature of Order No. 2004-041, a Monthly Cash Transfer as Budgeted in the Deschutes County Budget for Fiscal Year 2003-04, and Directing Entries. This item is to be placed on the Wednesday, May 12 consent agenda. 19. Before the Board was Discussion and Consideration of Chair Signature of an Oregon Liquor Control License Application for Aspen Lakes Golf Course, Sisters. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 20. ADDITIONS TO THE AGENDA None were offered. Being no further items brought before the Board, Chair Daly adjourned the meeting at 10:30 a.m. Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 9 of 10 Pages DATED this 101h Day of May 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Mich el M. Daly, Chair Dennis R. Luke, Commissioner Tom DeWolf, Commissioner Minutes of Board of Commissioners' Work Session Monday, May 10, 2004 Page 10 of 10 Pages