2004-1395-Minutes for Meeting November 29,2004 Recorded 12/2/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS VV f.O�T-1395
COMMISSIONERS' JOURNAL 1210212004 03;58;35 PM
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2004-1395
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 29, 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner
Tom De Wolf was out of the office. Also present were Greg Canfield, Mental
Health Department; Mark Pilliod and Laurie Craghead, Legal Counsel; Judy
Sumners, Risk Management; Catharine White, Community Development; Anna
Johnson, Commissioners' Office; and four other citizens. No representatives of the
media were present.
Chair Mike 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 and Consideration of Signature of
Document No. 2004-512, an Amendment to a Lease Agreement for
Property Located at 736 S. 7th St., Redmond.
Greg Canfield explained that this agreement was recently renewed but the rates
in the original contract were incorrect. This amendment corrects the amount
per negotiations that took place.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, November 29, 2004
Page 1 of 5 Pages
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-517, an Indemnity Agreement for the Annual
Truckers' Light Parade to be Held in La Pine on December 4.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2004-115, a Revised Cellular Telephone Bill Reimbursement
Policy.
Mark Pilliod stated that the policy is substantially the same but two additional
reimbursement levels are now included, in response to concerns raised by
departments. This has been discussed by the Commissioners several times.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Discussion of Board Deliberations on the Knott
Landfill Land Use Appeal.
Cathy White explained that her appearance today is to publicly present and
make the complete record available to the Board. The document previously
given to the Board lists the items found in the file. Laurie Craghead added that
this action is required for land use issues.
Commissioner Luke indicated he had attended the hearing before the Hearings
Officer. Commissioner Daly asked about the status of the leachate ponds.
Laurie Craghead explained that Timm Schimke is willing to eliminate the ponds
if required; however, the Hearings Officer did not find a problem with them. In
fact, she reversed the previous decision in regard to the interpretation of County
Code. The rest of the items were consistent with outright approval or could
comply with conditions of approval.
Minutes of Board of Commissioners' Work Session Monday, November 29, 2004
Page 2 of 5 Pages
Ms. Craghead stated that the December 14 hearing will be held on the record, as
previously determined by the Board, and the Board will deliberate at that time.
Cathy White said that today at 5 p.m. is the due date for arguments from the
parties, and any arguments must pertain to what is on the record.
This item is scheduled to be addressed on Tuesday, December 14 at 10:00 a.m.
6. Before the Board was a Discussion of a Public Hearing on a Proposed Text
Amendment to the Landscape Management Combining Zone (regarding
Rimrock Setbacks — Applicant. Johnson).
Cathy White gave an overview of the public hearing to be held tomorrow.
Commissioner Luke stated that there have been times in the past when people
built structures without first obtaining permits. He would like language added
to the ordinance that the structures on either side of the subject property should
have been legally built. Ms. White stated that the burden of proof is on the
applicant.
Laurie Craghead added that this is a legislative matter and there is no time or ex
parte contact regulation. She said she has some concerns about the proposed
wording; for instance, the infill wording is not well defined, and is most often
used in referring to urban areas. She also said she has concerns about meeting
Goal 5; more findings would be needed to make sure this complies with the
comprehensive plan. Clarification also needs to be made as to what "abutting"
property specifically means.
This item is scheduled to be addressed on Tuesday, November 30 at 3: 00 p.m.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-519, an Amendment to a National Fire Plan Grant
regarding Treating Hazardous Fuels on County -owned Vacant Lots.
Mark Pilliod said that this amendment appears to be routine in nature, and it has
received legal review.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, November 29, 2004
Page 3 of 5 Pages
8. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-098, Rejecting a Protest of a Proposed Award of a
Contract for the Knott Landfill Rock Removal Project.
Commissioner Daly said he was surprised that the Attorney General's rules
address this specific issue. Mark Pilliod stated that in state contracts a bidder
notes receipt of documents; the County's process indicates the documents have
to be included. Chair Daly said that there shouldn't be this type of problem
arising; Mr. Pilliod replied that it will be addressed, but there will probably
always be challenges to specific bids.
Chair Daly said that he was also surprised that they were to be attached, not just
acknowledged. Mr. Pilliod said that the Board shouldn't have to adopt any
rules in this regard; the documents can be changed at the department level as
appropriate.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-097, Property Tax Refunds.
Commissioner Luke asked why the City of Bend is getting a refund, as is the
federal government. He said that he will check with Marty Wynne for
specifics.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control Commission License Application for Cibelli's
New York Pizza, Tumalo.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, November 29, 2004
Page 4 of 5 Pages
VOTE: LUKE:
DAILY
Yes.
Chair votes yes.
11. ADDITIONS TO THE AGENDA
Allan Murphy, Liberty Bank, spoke to the Board about Leadership Bend. He
recently moved here from Montana.
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 10:40 a.m.
DATED this 29th Day of November 2004 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
6
Mi ael M. Daly, air
Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Work Session Monday, November 29, 2004
Page 5 of 5 Pages