2004-1470-Minutes for Meeting December 06,2004 Recorded 12/29/2004DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK yd Z�V7.1410
COMMISSIONERS' JOURNAL CJ
11/19/1004 03:01:15 PM
II II II II I I
Z0-3
I IIIIIII IIII I
III
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
C Z
Q .► l 4&A
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 6, 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf.
Also present were Mike Maier, County Administrator; Judith Ure and Anna
Johnson, Commissioners' Office; Gary Judd, Tom Blust and Dan Sherwin, Road
Department; Dave Peterson, Information Technology; Angie Curtis, Commission
on Children & Families; Jenny Chocole, Juvenile Community Justice; Timm
Schimke, Solid Waste Department; Mark Pilliod and Mark Amberg, Legal
Counsel; and George Read, Tom Anderson, Dennis Perkins, Paul Blikstad and
Catharine White, Community Development. Also present were media
representatives Barney Lerten of bend. com and The Bugle, and Chris Barker of the
Bulletin; and five other citizens.
Chair Daly opened the meeting at 10:10 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Discussion regarding Refining the Process for
Handling the Distribution of Economic Development Lottery Grant Funds.
Commissioner DeWolf explained that there is a certain perception as to how the
grant funds are being handled, and he feels a consistent application of a process
should be followed. He added that he spoke with the County's grant writer,
Judith Ure, about coming up with ways to handle the situation that the Board
can discuss. This would reduce the possibility of people making charges of
favoritism. He asked that Ms. Ure, staff person Susan Ross and County
Administrator Mike Maier develop some options.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 1 of 14 Pages
He said that as far as he knows the County isn't doing public advertising; most
is done through outreach and word of mouth, and there are no post -award
follow-up requirements at this time. He again suggested that a more
comprehensive process be developed to clarify the way lottery grants are
handled. He added that he defends the grants he has given, but wants to reduce
the charges that have been leveled against the Board.
Commissioner Daly stated that when he joined the Board the process was
already established. He said that he feels the process is a good one, which
requires an application form that is reviewed by a Commissioner. They are not
usually discussed at regular meetings, however; but it is an open process, and
anyone could inquire about it at any time. He added that Chris Barker of the
Bulletin received about 1,700 pages of documents dealing with past lottery
grants and noted only a few that he thought might be questionable.
He said that he did not dispute the fact that maybe the process should be
refined. However, he didn't want to see another committee established. He said
the voters elected the Commissioners to make decisions on how money should
be spent, and the Commissioners should be able to take the heat. He added that
he is open to suggestions and is not opposed to the process being more public
than it is. He said that he feels all three Commissioners can stand up for the
grants that have been given.
Commissioner Luke said that he believes it is a good idea to bring Susan Ross
and Mike Maier into the process, and that there should be a central
clearinghouse for the applications. He added that flexibility is important so that
emergency situations can be dealt with outside of the yearly budget process.
Mike Maier suggested that perhaps a different application form could be
developed, with some ideas for a more comprehensive process. He said that he
would have something put together within a couple of weeks.
Commissioner Daly agreed that flexibility is important, and being able to
provide money quickly is one of the main reasons for the fund. If there are too
many people involved the process becomes time consuming. But he agreed that
it can be made more open and overall the process refined.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 2 of 14 Pages
Commissioner Luke stated that when he and Commissioner DeWolf joined the
Board the lottery fund was a smaller amount of money. Over the years it has
increased quite a bit. He suggested that perhaps each Commissioner should
have discretion over a smaller amount of money, and the larger amount can be
used for bigger grants.
At the Board's instruction, a meeting of the Board, Mike Maier, Susan Ross and
Judith Ure will be scheduled to discuss possible options.
3. Before the Board was Consideration of Approval of a Refund of a Lease
Payment to the Secretary of State for Unused Computer Room Space.
Dave Peterson gave an overview of the item. He said the State no longer needs
the space and plans to locate in Lane County instead, where a larger space at a
lower price is available.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-521, an Amendment to an Intergovernmental
Agreement with for Ready Set Go Program Funding.
Angie Curtis explained that this would increase home visiting services for
families needing additional assistance.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 3 of 14 Pages
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-522, an Amendment to Extend the Behavioral
Rehabilitative Services Agreement with the State of Oregon.
Tom: continues an existing agreement for the WellSpring program.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-523, a Services Contract with Conservation for
Central Oregon ("reSource") for Recycling Services.
Timm gave an overview of the agreement, which replaces the EcoTeams
program that is now dissolved. Several approaches were examined to get to this
point. He said the Department of Environmental Quality will provide $20,000
and the City of Bend will likely contribute a similar amount. The County
contributes $65,000 per year. The contract covers 3-1/2 years.
The program focuses on organics to keep them out of the waste stream, and
educate people to use organics instead of chemicals. The County can get 2%
credit for providing educational services in this area.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-477, an Intergovernmental Agreement with the City of
Bend regarding Weed Control Education, Information and Consulting to
be Provided by Deschutes County.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 4 of 14 Pages
Dan Sherwin explained the reasons for the agreement. He said he has worked a
lot with agencies to rectify problems along the Parkway and in other areas of
the County.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-478, an Intergovernmental Agreement with the City of
Bend regarding Weed Control Services to be Provided by Deschutes
County.
Dan Sherwin said the Road Department truck is used for these services, in an
attempt to control noxious weeds with pre -emergent and weed spraying; some
is used for restoration.
Mike Maier said there is no mention of the payment in the contract. Dan said
an invoice is sent to them as needed. The amount last year was $37,000; it is
open-ended up to $50,000 this year.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing Byron Cheney, Paul Stell, Mary Woolley, and William
Padgham; and Accepting the Resignation of Richard Ford and William
Walker; to the Deschutes County Weed Board.
Dan Sherwin said they are updating the list at this time. The members are
appointed for two years. One person actually stepped down; another has not
responded to mailings and has not attended meetings in a long time.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 5 of 14 Pages
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Dan added that the Weed Board appreciated the lottery fund grant last year for
the community weed pull.
10. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-103, Certifying the Final Assessment for the Kiowa Drive
Local Improvement District.
Gary Judd said that the hearing was held last week, and no testimony was given.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-101, Certifying the Final Assessment for the Bandley Road
Local Improvement District.
Gary Judd said that this hearing was also held last week.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
12. Before the Board was the Continuation of a Public Hearing (from
Wednesday, December 1), and Consideration of Signature of Order No.
2004-102, Certifying the Final Assessment for the Oasis Drive Local
Improvement District.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 6 of 14 Pages
Gary Judd explained that last week an individual had a question because the
road wasn't paved to the end of his property line. He and Tom Blust went out
to meet with the property owner, and an agreement was reached to do some
minor work with the end of the pavement to make it look better. Abandoning
the right of way was discussed but he and the neighbor across the street aren't
interested. What the County does won't affect the assessment of the properties.
Commissioner Daly noted that he would be reluctant to abandon any property
because there is very limited access into the area. It could be needed in the
future, perhaps for emergency purposes.
Chair Daly then closed the hearing.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2004-116 Updating and Establishing Guidelines for Deschutes
County Employee Travel.
Mark Amberg said this has been reviewed and discussed by the Board
previously. There will be one change due to a request by the Sheriff, who was
concerned that if they are pursuing a suspect and get to the State line, they have
authorization to cross the State line for this reason.
Commissioner Luke noted that if an employee is traveling out of state, public
transportation should be used if at all possible. However, if they have to use
their own vehicle or a rental vehicle, the County Administrator should also sign
off on the form. The form is to be revised as necessary.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 7 of 14 Pages
14. Before the Board was a Discussion and Consideration of Signature of
Policy No. 2004-114, Updating and Establishing Guidelines for the Receipt
and Donation of County Property.
Mark Pilliod explained that Sheriff expressed the some concerns. One was
requiring the Board to review the minor types of donations of small items that
are no longer needed by the County. The language has been adjusted to take
into account donations of materials valued less than $250 with the approval of
the County Administrator, based on previous instructions of the Board.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
15. Before the Board was a Discussion and Consideration of Approval of a
Contingency Distribution Request to the La Pine Water District (per
Previous Intergovernmental Agreement).
Tom Anderson explained that earlier in the year an intergovernmental
agreement was signed for a contingency fund for cost overruns, which extends
sewer service to Wickiup Junction and the La Pine New Neighborhood. If
money was left over, the service was to be extended to beyond Drafter Road.
The Water District has formally requested use of the contingency funds of
approximately $25,000 to extend services to Drafter Road, the Elks Lodge and
to some County -owned lots. The balance of $18,000 would be used to help
fund additional cost overruns from the base project. The overruns were a result
of engineering costs related to the railroad tracks, and a requirement of the
Oregon Department of Transportation for gravel to be used for fill along the
road.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 8 of 14 Pages
16. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-501, an Intergovernmental Agreement with Lake
County for Deschutes County to Provide "A" Level Residential Inspections.
Tom Anderson explained that this is a continuation of services previously
provided, most of which are residential inspections. The contracted amount
covers the County's costs.
DEWOLF: Move approval, subject to legal review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
17. Before the Board was the Continuation of a Public Hearing (from
November 8, 2004) and Consideration of the First Reading of an Ordinance
for a Text Amendment to Titles 17 and 18 of the Deschutes County Code to
Amend Cluster Development Regulations.
Paul Blikstad stated that the hearing is still open. He and other staff have been
working with the applicant through the applicant's attorney, Liz Fancher. They also
met with Paul Dewey and Ms. MacBeth to review the final version of the ordinance.
Paul Blikstad explained that the two biggest changes are definitions regarding
cluster developments and open space. Rather than trying to show the
difference, they went back to the definition of open space.
Commissioner Luke asked if the proponents and other concerned citizens were
satisfied with these changes. Mr. Blikstad said that concerns have been
addressed and staff is prepared to go forward at this time. Commissioner Luke
stated that if everyone is prepared, he would have no problem adopting the
Ordinance by emergency this calendar year.
Commissioner DeWolf asked for clarifications regarding the definition of open
space. Mr. Blikstad replied that it would be the original definition with some
minor changes based on what is in the comprehensive plan, in order to make the
two documents consistent. The hope is to eliminate issues that are open for
appeal. A section has been added in regard to private roads. It is felt that if it is
limited to ten lots, 28 -foot wide roads are not necessary and they should fall
under local road standards.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 9 of 14 Pages
Commissioner Luke asked if the golf course would be considered open space.
Mr. Blikstad said yes, if it is applied for first.
Chair Daly asked if anyone else wished to testify at this time.
William Kuhn of Sisemore Road in Tumalo then spoke. He thanked staff for a
much -improved ordinance. He also reiterated that he feels there is a strong .
need to have something in the ordinance that says if there is common acreage,
there must be a minimum of three voting property owners. Having two owners
does not work. He said there needs to be a way to deal with this issue. He
added that he spoke with the Board four years ago about the concept. He would
like to see a template for a homeowners' agreement to deal with difficulties if
there are only two parties.
Commissioner Luke pointed out that there is no guarantee there will be
agreement even if there are three owners. Commissioner DeWolf added that
there is always the potential for that type of problem, and the remedy is the
courts.
Mr. Kuhn said that it could be mediation or arbitration. Commissioner Luke
stated that the ordinance says it will have to be acceptable; but the criteria are
unclear. Laurie Craghead said that they will have to come to an agreement,
whether there are two people or ten. The County does not enforce road
agreements. The homeowners' agreement involving Mr. Kuhn unfortunately
was never completed. Deed restrictions would be recorded under the new
ordinance. If open space is owned by all of the owners, a homeowners'
association must be formed; it could be a condition of approval.
Mr. Blikstad said that the agreement should have been in place prior to the plat
being approved. Ms. Craghead observed that the homeowners' association
requirement is noted on the plat itself.
Mr. Kuhn recommended a minimum of three property owners or lots. Mr.
Blikstad stated that a two -lot cluster development can be done now.
Commissioner Luke added that if this is restricted now, it could become a
future Measure 37 claim.
Mr. Blikstad said that he didn't see Mr. Kuhn's suggestion as a complete answer
to a potential problem. In any case he hasn't seen any two -lot cluster
developments since the State mandated a two -acre minimum lot size.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 10 of 14 Pages
Laurie Craghead added that anything beyond maintaining the open space is
probably not enforceable by the County. It is not a land use matter either.
Commissioner Luke noted that a homeowners' agreement is often done by the
developer, and he didn't think there are statutes or administrative rules to deal
with this. The best that can be done is have a policy in place for mediation.
Paul Dewey, representing the Sisters Forest Planning Committee, thanked the
Commissioners and staff for raising the issues regarding open space and public
road access. He added that as the ordinance is now proposed, his group
supports it.
Carol MacBeth of 1000 Friends of Oregon then spoke. She confirmed that
issues regarding the definition of open space and wildlife have been resolved
and they are in agreement with the proposed ordinance.
Liz Fancher, the attorney representing the developer, stated that they have no
opposition to adding the proposed language changes. A lot of new provisions
were added to make sure open space is properly managed. She added that she
supports specifying dispute resolution services in the by-laws.
Commissioner DeWolf stated it should cover the resolution of disputes, not just
tie votes. (Members of the public in the audience agreed with this.)
Ms. Fancher thanked the Board for its direction on revising the ordinance, and
Paul Dewey and Carol MacBeth for their cooperation on working through the
issues. She added that provisions in the wildlife zone are more restrictive,
which could result in future Measure 37 claims. However, this is not mandated
by law, and was intended to apply to new developments. She said she is
strongly opposed to indicating the number of parcels to be included.
No other testimony was offered, and Chair Daly closed the public hearing.
The Commissioners agreed that consideration of the first and second readings
and adoption by emergency should be scheduled for the December 20 Board
meeting.
18. Before the Board was a Discussion of a Continued Public Hearing (from
November 30, 2004) and Consideration of the Adoption of a Text
Amendment to the Landscape Management Combining Zone regarding
Rimrock Setback Exceptions.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 11 of 14 Pages
Laurie Craghead said that the Commissioners could put their individual site
visits on the record orally if desired.
Cathy White stated that each Commissioner went to the site, along with staff,
and she has prepared a memo describing the options.
Due to time constraints, Commissioner Luke suggested this item be discussed at
the Wednesday, December 8 Board meeting.
The public hearing was continued to December 8.
19. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-133, Supporting an Application for City of Bend
CDGB Grant Funds for the Oregon Micro -enterprise Network.
This item will be addressed at the Wednesday, December 8 Board meeting.
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-129, Transferring Appropriations within the
Deschutes County General County Projects Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
21. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-128, Transferring Appropriations within the
Deschutes County Mental Health Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 12 of 14 Pages
22. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-130, Transferring Appropriations within the
Deschutes County Solid Waste Equipment Reserve Fund.
This item will be addressed at the Wednesday, December 8 Board meeting.
23. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-104, the Monthly Cash Transfer Order.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
24. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-131, Transferring Appropriations.
This item will be addressed at the Wednesday, December 8 Board meeting.
25. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-132, Transferring Appropriations.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
26. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-100, Abandoning Pinewood Country Local
Improvement District.
Gary Judd said that less than 60% of the property owners voted yes for the
local improvement district.
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 13 of 14 Pages
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-099, Abandoning the Newberry Estates Local
Improvement District.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, the meeting adjourned at
11:50 a.m.
DATED this 6th Day of December 2004 for the Deschutes County Board
of Commissioners. A
ATTEST: Tofn Dew d opamissioner
Recording Secretary
Attachment
Exhibit A: Sign -in sheet (one page)
Minutes of Board of Commissioners' Meeting Monday, December 6, 2004
Page 14 of 14 Pages
l
F0
�y
N
N
cc
ria
X
d
ea
0
M
�✓1
M
`J
v'
a
rrl
m
c
m
�
r
0
a
N
r
V
�s-
rt'
V
M
c
c
W
M
N
V
7
4)
o
N
({,
o
U
v
.O
�
.�
3
zc
m
Z
,
V_
0
'
Exhibit s4
Page / of