2004-1300-Minutes for Meeting October 11,2004 Recorded 10/13/2004DESCH
TES COUNTY OFFICIAL
UBLANKENSHIP, COUNTY CLERK CJ 1004.
NANCY1300
COMMISSIONERS' JOURNAL
11111 IN 1111111110111iQ/l3/Za0411111111101111111111m 04:42:23 PM
2004-1300
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 11, 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf.
Also present were Mike Maier, County Administrator; Tom Blust, Dennis Morris
and George Kolb, Road Department; Greg Canfield, Mental Health Department;
Catherine Morrow, Paul Blikstad and Kevin Harrison, Community Development
Department; Angie Curtis, Commission on Children & Families; media
representatives Chris Barker of the Bulletin and Barney Lerten of bend. com and
The Bugle; and one other citizen.
Chair Michael 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 Discussion of the Reading of a Proclamation
Declaring October 20 Vulnerable Oregonians Justice Day in Deschutes
County.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
3. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-114, Declaring Opposition to Oregon Ballot Measure
No. 33, regarding Amendments to the Medical Marijuana Law.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 1 of 8 Pages
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-490, an Amendment to an Agreement with
MountainStar Relief Nursery Due to Receipt of Additional Grant Funds.
Angie Curtis gave an overview of the amendment.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-489, an Amendment to a Residential Rental
Agreement for Mental Health's Park Place Program.
Greg Canfield said this amendment extends the lease for one more month until
the replacement facility is available.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Mike Maier added that the lease in Redmond at the Becky Johnson Center needs
to be extended as well, since there are no other suitable facilities available.
6. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing Scott Johnson to the Healing Health Campus LLC
Board of Directors.
Greg Canfield said this action accepts Gary Smith's resignation and appoints
Scott Johnson in his place.
Commissioner Luke stated that this will be a challenge for Mr. Johnson since
the County and St. Charles Medical Center cannot seem to agree on how the
budget should be set up and bills paid.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 2 of 8 Pages
LUKE: Move approval of letters to Scott Johnson and Gary Smith.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was a Discussion of a Public Hearing (continued from
September 22), and Consideration of Signature of Order No. 2004-066,
regarding the Legalization of a Portion of Sisemore Road.
George Kolb said he contacted the Bureau of Land Management regarding this
property, and they indicate there is no problem with this action going forward.
The State hadn't done what was required years ago and the land had reverted
back to federal ownership.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
8. Before the Board was a Discussion and Consideration of Approval of
Establishing a Road Department 1994 Pickup Truck as Surplus for
Donation to the Heart of Oregon Corps.
Dennis Morris explained that Legal Counsel had indicated a concern regarding
the disposition of surplus equipment. Evidently a bid process is to be followed
and Heart of Oregon Corps is to pay for the truck.
Tom Blust added that the main concern is donating to a private, non-profit
agency when that agency is bidding against private enterprise for work to be
done by the County.
Mike Maier suggested that perhaps the Corps could do some work for the Road
Department such as landscaping around the remodeled building in lieu of the
price. Tom Blust will discuss this further with Legal Counsel.
Commissioner DeWolf said he would like this item on an upcoming
Administrative Liaison agenda for further discussion.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 3 of 8 Pages
9. Before the Board was a Discussion of a Public Hearing on a Text
Amendment to Titles 18 and 17 of the Deschutes County Code to Amend
Cluster Development Regulations.
Paul Blikstad stated the Planning Commission unanimously approved these
documents. The intent is to update Code in respect to cluster development,
based on State standards. There were no standards indicated previously under
County Code.
Commissioner Luke said if connection to a sewer is available, under the current
State rules a development cannot connect to it.
Kevin Harrison stated that he spoke with John Jennings of the State DLCD.
Mr. Jennings said that the LCDC formed a subcommittee to look at the current
rules regarding the extension of water and sewer lines outside of the urban
growth boundary. This group is meeting in Bend in November, and he
suggested the County monitor the situation and perhaps have someone
participate.
Commissioner Luke indicated that this change should be supported where
appropriate. For instance, if a new cluster development went in off Huntington
Road across the street from the New Neighborhood, under current rules the
development would have to use septic systems.
The consensus of the Board was that Kevin Harrison should participate in the
LCDC discussions.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
10. Before the Board was a Discussion and Consideration of Signature of
Ordinance No. 2004-020, Correcting an Inadvertent Error under
Ordinance No. 2004-013, Correcting Language in Section 18.16.050,
Standards for Dwellings in the EFU Zone.
Paul Blikstad explained that the County amended the EFU zone in July 2004 to
update Code to State rules and statutes, and it was adopted by emergency. In
the interim, two other planners were working on corrections, and an incorrect
version was recorded. It didn't just affect this section; it also affected the guest
ranch provision in EFU zone.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 4 of 8 Pages
Laurie Craghead added that the County always has to comply with State rules.
This clarifies the language.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
11. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Denial of a Conditional User Permit for a Personal Use
Landing Strip.
Kevin Harrison gave a brief overview of the application, which was denied by
the Hearings Officer based on a single criterion. The appellant would like a de
novo review of the Board. The 150 -day timeline ends November 17.
Laurie Craghead stated that the one main issue is whether it would be sited on a
location that is the least suitable for agricultural use, and whether the
appropriate information was already, or could have been, provided to the
Hearings Officer. There is a discrepancy on the last page of the applicant's
notice of appeal regarding the property not being used for agricultural purposes,
and that it isn't irrigated.
Kevin Harrison added that the water on the land is groundwater, not from an
irrigation district line. Historically the property went out of production for
many years, but back into production during the late 1990's.
Laurie Craghead explained that this is a fact -based decision, and is affected
only by local Code. The attorney for the applicant, Bob Lovlien, argues that
there is no "least suitable" location because all of the land is designated for
agriculture; therefore, the whole property could be considered "least suitable".
He says there is no other appropriate location for the landing strip.
Commissioner Daly stated that he is a pilot, and his main issue regarding this
application is that the County should not force someone to place an airstrip on
an area that isn't suitable for landing. It should be located where there can be
the longest runway with the fewest obstructions. If this is to be allowed at all,
farm considerations should not enter into it. There could be other uses, such as
visitors, using the airstrip. Growing crops should not enter into this decision.
Commissioner Luke said that this is a land use issue; whether to allow landing
on private property isn't the issue. What is the issue is what you allow on EFU
ground. County Code requires it to be located on land that is the least suitable
for farming. The laws are meant to protect farmland.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 5 of 8 Pages
If the Board determines an airstrip can go on a more productive part of ground,
this sets precedence. He said he recalls some land use hearings where building
homes on farm ground was discussed; the least productive portion of the land
was to be used.
Commissioner Daly replied that there is no safety issue when building a home;
using a landing strip is different.
Mr. Blikstad stated that the issue is how the existing Code applies to this
application. This is only a local provision, dating back to the late 1970's and is
not a requirement of State law. The question is whether the Hearings Officer
did not consider some facts that might change the analysis, or if there is any
"wiggle room" that allows a different interpretation of what the Hearings
Officer decided. If the Code requirement doesn't make sense, the Code should
be amended in some manner, but that is not before the Board at this time.
DEWOLF: Move that we do not hear this appeal.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes no. (Split vote.)
12. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-491, a Services Contract to Conduct Thinning and
Fuel Removal on Five Acres La Pine.
This item was removed from the agenda.
13. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-118, Providing for an Alternative Solicitation and
Selection Method for Contract to Complete Fire Fuel Thinning in the
Newberry Neighborhood (Findings Previously Approved by the Board).
Laurie Craghead: failed to have Board sign resolution based on pervious
decision. This adopts the findings as previously approved in April 2004.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 6 of 8 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-085, Transferring Cash among Various Funds as Budgeted
in the Deschutes County Budget for Fiscal Year 2004-05, and Directing
Entries.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-121, Transferring Appropriations within the
Deschutes County General Fund, relating to Debt Service on the
Community Development Department Building.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-122, Transferring Appropriations within the Sheriff's
Office Fund.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 7 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-150, a Union Labor Agreement between Deschutes
County 9-1-1 County Service District and the Deschutes 9-1-1 Employees
Association.
Mike Maier said there is a summary in the agenda request form. The 9-1-1
Association has approved the agreement. Approval by the Board is
recommended.
This item is scheduled for the Wednesday, October 13, 2004 Board meeting.
18. ADDITIONS TO THE AGENDA
There were none.
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 11: 05 a.m.
DATED this 11th Day of October 2004 for the Deschutes County Board
of Commissioners.
0ic!ae M. Daly, air
41 n
ennis R. Luke, Commissioner
ATTEST: Tom eWol , Commissioner
6XdQA--,,
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Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, October 11, 2004
Page 8 of 8 Pages
