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2005-991-Minutes for Meeting August 10,2005 Recorded 8/12/2005DESCHUTES COUNTY OFFICIAL RECORDS CJ 7405991 NANCYIBLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 11 Iji)[ij 1111111111111111111111 08/12/2005 02:00:02 PM 2 92 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 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.org MINUTES OF BOARD MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 10, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Tom Anderson, George Read, Kevin Harrison and Catherine Morrow, Community Development; Dan Despotopulos and Michael Manley, Fair & Expo Center; media representatives Jeff Mullins of KBND Radio and Chris Barker of the Bulletin; and five other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing on a Text Amendment Requested by Arrowood Development, LLC. Kevin Harrison gave an overview of the item, which would clarify mixed ownership types within a resort community, specifically Black Butte Ranch, the Inn of the 7th Mountain and Widgi Creek, since all roads inside the developments are private. The partition code requires land divisions to take place off of public roads, except cluster developments, planned unit developments and destination resorts. The issue is that two of these communities were initiated before zoning was established, and all were developed with private roads. It said it should be clear that land divisions are possible within these developments off private roads. Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 1 of 6 Pages He added that for the record, the principals of Arrowood are Don Bauhofer and John Lietz. Commissioner Luke noted that he knows Mr. Bauhofer, although he has not had business dealings with him. Tia Lewis, the attorney for the applicant, confirmed that the text amendment proposed would allow subdivisions off private roads and amend the types of development. Almost all of the area within these communities was developed years ago, and this needs to be clarified to enable further development. She requested the Board adopt an ordinance by emergency due to a pending purchase agreement. The Board directed staff to develop an ordinance with these changes, and continued the hearing to August 24, at which time they will consider first and second readings and adoption, by emergency, of the ordinance. 3. Before the Board was the Continuation of a Hearing (from August 3) and Consideration of Signature of Order No. 2005-064 (Stills), regarding a Claim for Compensation under Measure 37. Tom Anderson explained that this involves the proposed partition of a 47-acre parcel that is zoned EFU. The applicant wants to create three parcels of approximately 15 acres each. Ownership predates zoning regulations. Some questions were brought up by the applicant's attorney at last week's Board meeting having to do with specificity in the order regarding the intended use. It was explained that the Board approves the orders following a format, with limited direction to Community Development on how to address a subsequent land use application - specifically to identify a period of time that would be used in applying the regulations. There would be no specifics about the intended or proposed use; just the ground rules. The other issue had to do with subdivision rules. The language in the staff report says that the County would preserve in the review of the land use application those rules that don't devalue the property. It is believed that subdivision regulations do not devalue property, and in some cases create value by addressing potential issues such as road standards, traffic impacts and so on. The applicant had been referred to Legal Counsel to discussion other details regarding modification to the order. Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 2 of 6 Pages Commissioner Luke noted that the daughter and son-in-law of the applicant have a lease option agreement on the property. He asked if this complicates the situation. Mr. Anderson replied that Legal Counsel said that this isn't an issue that should affect the Board's decision on the order. Bruce White, the attorney for the applicant, stated that he was looking for assurances regarding partitions and siting dwellings on each lot. Nothing in the order refers to this. Commissioner DeWolf said that Measure 37 was established by the voters. This type of specific information would be addressed during the land use process. Mr. White reiterated that he would like the Hearings Officer to know that in the 1970's there could have been structures sited on the property. Commissioner Luke stated that this is beyond the scope of the order being considered. Mr. White said that he would like to see the farm and non-farm standards removed, and would like the Hearings Officer to know that the waiver has been requested. Tom Anderson noted that no specific rules have been identified, and the applicant could ultimately change his mind and apply for something completely different. Commissioner DeWolf stated that the County is being consistent on how the rules are applied. There is recourse if the applicant doesn't like how this works out. Mr. White said that it is his sense that the Board wants to act in the spirit of Measure 37. Commissioner Luke added that some of the Measure 37 claims may end up in the Courts so that they can be clarified. Mr. White agreed that it is appropriate for the order to move forward. Chair De Wolf then closed the public hearing. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 3 of 6 Pages 4. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award a Contract for the Design of an RV Park at the Deschutes County Fair and Expo Center. Dan Despotopulos and Michael Manley gave an overview of the request for proposals and the bids received. Thirty request packets were sent out, and three companies returned them. The review committee went through the criteria and chose David Evans and Associates. Drake Design Group and American Engineering were the other two bidders. American Engineering has experience in handling RV developments; David Evans has some experience in this regard and their track record is very professional. American Engineering did not submit a not to exceed cost, and did not cover a lot of the details shown in the bid packet. They also said they had done work in Oregon but failed to list references. Drake Design Group didn't satisfy the requirements noted in the RFP. Choosing the design company will include items such as whether to include a laundry facility, meeting building and other amenities. Representatives of the Fair & Expo Center visited various facilities in the region and have an idea of what amenities might be appropriate. LUKE: Move Chair signature of the notice of intent to award letter. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 5. Before the Board was Consideration of Signature of Letters Appointing Jeff Eager, Scott Pillar, Andrea Shartel and Vicki Ertle to the Board of the Deschutes County Commission on Children & Families, through December 31, 2008. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 4 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $13,592.67. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $505.03. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $651,935.47. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 5 of 6 Pages 9. Before the Board was Consideration of Approval of an Economic Development Grant for the Cascade Festival of Music. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Commissioner Luke noted that grants for the Leadership Bend and Leadership Redmond programs have been discussed and the Board is supportive. 10. ADDITIONS TO THE AGENDA None were offered. Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 10:50 a. m. DATED this 10th Day of August 2005 for the Deschutes Cou ty Board of Commissioners. Tom DeWolf, Chair yXorprnissi ATTEST: Recording Secretary R. Luke, Cordmf issioner Minutes of Board of Commissioners' Meeting Wednesday, August 10, 2005 Page 6 of 6 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, AUGUST 10, 2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board regarding issues that are not already on the agenda. Visitors who wish to speak should sign up prior to the beginning of the meeting on the sign-up sheet provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. A PUBLIC HEARING on a Text Amendment from Arrowood Development, LLC - Kevin Harrison, Community Development Department 3. CONTINUATION of a Hearing (from August 3) and Consideration of Signature of Order No. 2005-064 (Stills), regarding a Claim for Compensation under Measure 37 - Kevin Harrison or Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 4. CONSIDERATION of Chair Signature of a Notice of Intent to Award a Contract for the Design of an RV Park at the Deschutes County Fair and Expo Center - Dan Despotopulos, Fair & Expo 5. CONSIDERATION of Signature of Letters Appointing Jeff Eager, Scott Pillar, Andrea Shartel and Vicki Ertle to the Board of the Deschutes County Commission on Children & Families, through December 31, 2008 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 6. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $13,592.67. Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 1 of 7 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 7., CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $505.03. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $651,935.47. 9. CONSIDERATION of Approval of an Economic Development Grant for the Cascade Festival of Music 10. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Tuesday, August 8, 2005 10:00 a.m. Visit by Governor Kulongoski to Discuss the Passage of Senate Bill 82, regarding Oregon's Land Use Law and Its History - County Hearing Room Wednesday August 9, 2005 1:30 p.m. Commission on Children & Families - Audit Update Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 2 of 7 Pages Wednesday, August 10, 2005 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist, at the Road Dept. 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department, at Road 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste, at Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department, at Health 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department, at Mental Health Thursday, August 11, 2005 8:30 a.m. Meeting with Federal Lobbyist Friday, August 12, 2005 8:30 a.m. Meeting with Federal Lobbyist Monday, August 15, 2005 9:30 a.m. Meeting regarding Healthy Forests - Title III Update 11:30 a.m. Regularly Scheduled Update Meeting with Department Heads 1:30 p.m. Training Program Demonstration for Department Heads Tuesday, August 16, 2005 10:00 a.m. Meeting regarding Education Consortium/Juniper Ridge 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly scheduled meeting with the Director of the Fair & Expo Center Monday, August 22, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 3 of 7 Pages Tuesday, August 23, 2005 9:00 a.m. Public Hearing on a Plan Amendment and Zone Change to Establish a Surface Mining Zone near Millican (Applicant: 4-R Equipment/Ron Robinson) 1:30 p.m. Regular Meeting with the Director of Tax & Finance 6:00 p.m. Redmond Urban Reserve Hearing, at Redmond Fire Hall Wednesday, August 24, 2005 10:00 a.m. Board of Commissioners' Meeting 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation, at Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice, at Juvenile 3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriff's Office Monday, August 29, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Monday, September 5, 2005 - Most County offices will be closed to observe Labor Day. Tuesda September 6 2005 1:30 p.m. Administrative Liaison Wednesday, September 7, 2005 10:00 a.m. Board of Commissioners' Meeting Thursday, September 8, 2005 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall 6:30 p.m. Public Hearing regarding the City of Sisters' Urban Growth Boundary - Sisters Fire Hall Monday, September 12, 2005 8:30 a.m. Regularly Scheduled Meeting with the Director of Community Development 10:00 a.m. Board of Commissioners' Work Session 2:00 p.m. Sheriff's Office Correctional Needs Assessment Meeting 3:30 p.m. Local Public Safety Coordinating Council Meeting Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 4 of 7 Pages Tuesday, September 13, 2005 1:30 p.m. Administrative Liaison Wednesday, September 14, 2005 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Monday September 19, 2005 1:30 p.m. Administrative Liaison Tuesday, September 20, 2005 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 3:00 p.m. Regularly scheduled meeting with the Director of the Fair & Expo Center Monday, September 26, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Wednesday September 28, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 5 of 7 Pages Monday, October 3, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Tuesday, October 4, 2005 8:00 - 5:00 Association of Oregon Counties' Regional Meeting - County Hearing Room Wednesday, October 5, 2005 10:00 a.m. Board of Commissioners' Meeting Monday, October 10, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Regularly Scheduled Meeting with Community Development Tuesday, October 11, 2005 1:30 p.m. Regularly Scheduled Meeting with the Director of Information Technology Wednesday, October 12, 2005 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Thursday, October 13, 2005 12:00 noon Regular Meeting of the Audit Committee Monday, October 17, 2005 11:30 a.m. Regularly Scheduled Update Meeting with Department Heads 1:30 p.m. Administrative Liaison Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 6 of 7 Pages Tuesday, October 18, 2005 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee 3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center Monday, October 24, 2005 9:00 a.m. Regularly Scheduled Meeting with the District Attorney 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Wednesday, October 26, 2005 10:00 a.m. Board of Commissioners' Meeting 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriff s Office Monday, October 31, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Wednesday, November 2, 2005 10:00 a.m. Board of Commissioners' Meeting Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Meeting Agenda Wednesday, August 10, 2005 Page 7 of 7 Pages