2005-1068-Minutes for Meeting August 29,2005 Recorded 9/16/2005DESCH
TES COUNTY OFFICIAL
UBLANKENSHIP, COUNTY CLERK 1�d �00�'�
11
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COMMISSIONERS' JOURNAL
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2005-1068
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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, AUGUST 29, 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 Tom Anderson, Catherine White, Catherine Morrow, Doreen
Blome' and George Read, Community Development Department; Timm Schimke,
Solid Waste Department; Becky Wanless, Parole & Probation; Mark Pilliod and
Laurie Craghead, Legal Counsel; David Givans, Commissioners' Office; media
representatives Barney Lerten of News Channel 21, Chris Barker of The Bulletin,
and Jeff Mullins of KBND Radio; 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 Consideration of Signature of Document No. 2005-
329, a Lease Agreement between Deschutes County and the Bethlehem Inn
regarding to Using the Adult Parole and Probation Department's Building
for Homeless Shelter Services.
A brief discussion took place regarding the length of a termination clause that
should be included.
LUKE: Move signature, subject to the addition of a 90 -day termination clause.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 1 of 9 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2005-
330, an Intergovernmental Agreement between Deschutes County and the
State Parole Board for the County to Conduct Parole and Post -Prison
Violation Hearing.
Becky Wanless explained that this formalizes the agreement between Parole &
Probation and the State, to provide funding to cover expenses.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was Consideration of Second Reading and Adoption of
Ordinance No. 2005-014, regarding County Internal Auditor
Responsibilities.
David Givans stated that no comments or input have been received.
LUKE: Move second reading, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf did the second reading at this time, by title only.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 2 of 9 Pages
5. Before the Board was a Decision and Consideration of Signature of Order
No. 2005-071, Approving a Petition for Designation of Territory as
"Second Addition to Whispering Pines No Shooting District".
Commissioner Luke stated that he appreciated all of the comments that were
offered. He added that this order deals with more than just the use of shotguns;
a .22 bullet can travel up to a mile. The area has mostly paved roads and is a
different place than it was a few years ago. It is becoming more developed all
of the time. A majority of the voters in the area support the petition.
Commissioner Daly agreed, and indicated that the residents have a right to not
have to worry about shooting in the area. There are plenty of other areas where
it is more appropriate to shoot.
Doreen Blome' added that the chief petitioner is a master shooting instructor for
the 4-H Club and an avid hunter.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Consideration of Signature of Resolution No. 2005-
108, Approving the La Pine Rural Fire Protection District's Adoption of
Ordinance No. 2004-003 and Ordinance No. 2005-001.
Laurie Craghead explained that the fire code needs to be adopted annually, and
the governing body has to authorize this.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 3 of 9 Pages
7. Before the Board was a Decision on the Review of the Hearings Officer's
Denial of a Conditional Use Permit and Site Plan to Relocate Landfill -
related Facilities to the North Development Area at the Knott Landfill,
Limited to a Review of the Permits Issued by DEQ for the Proposed
Transfer Station and Recovery Facility at Knott Landfill (File #'s A-04-8 —
CU -02-102 and SP -02-51).
Chair DeWolf explained that this is the time for the Board to consider a
decision regarding this issue. Laurie Craghead said that she has reviewed the
decision and made appropriate changes to clarify what findings the Board
would be adopting.
Commissioner Luke stated that the hours noted in the findings were 7:00 a.m. to
4:30 p.m., which are the hours the public would be able to enter the site. The
other item talks about shielding the exterior lighting, and only illuminating the
site during regular hours of operation. However, sometimes there is a need for
someone to be there at other times for work and safety purposes.
Commissioner DeWolf said that the County needs to follow its own rules
regarding shielding the lights. This should limit the impact of the lighting.
Laurie Craghead stated she will change the document to show compliance with
County ordinance.
LUKE: Move approval of the draft decision, as modified per today's
discussion.
DALY: Second.
VOTE: LUKE:
DALY:
DEWOLF
Yes.
Yes.
Chair votes yes.
8. Before the Board was a Decision and Consideration of Signature of Order
No. 2005-069, a Claim for Compensation under Measure 37 (File #M37-05-
31; Claimant: Central Electric Cooperative, Inc.).
Mark Pilliod explained that he had received a letter from the attorney
representing the Thornburghs. He also received a submittal from Michael
Peterkin's office with a complete copy of the LUBA decision dated April 2004
in regard to Cyrus v. Deschutes County and Central Electric Cooperative.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 4 of 9 Pages
He said that this, plus a letter from Martin Hansen's office dated August 26
responding for the record, would be the complete record.
LUKE: Move approval of Order No. 2005-069.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Commissioner Daly said that he had discussed this issue with County Legal
Counsel and has read the letters from both counsels, and feels that no matter
what decision the Board makes, this issue will end up in court. He added that
the County has tremendous liability and this should be resolved in court.
Chair DeWolf stated that he has had no conversations with Martin Hansen or
anyone else at his law firm regarding anything to do with the merits of this case.
He added that he feels it is his job to take a position in this matter.
9. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Decision Denying a Proposal to Establish a 2,000 -Seat
Outdoor Amphitheater on a Parcel (Zoned EFU-TRB, LM and AS) and
Located on Highway 20 East of Bend. (Applicant: Christian Life Center;
File #'s A-05-5 and A-05-6).
Commissioner Luke asked for Legal Counsel's observations regarding items
that she believes might have been unclear in the Hearings Officer's decision.
Laurie Craghead noted that there a Code interpretations that are in question, and
the Board cannot make some of those decision; those would have to go to a
higher court if they are related to Federal and State constitutional issues.
In regard to local interpretation issues, the big one is whether the amphitheater
would be part of the church use, due to the expansion factor. Also important is
whether the outdoor mass gathering ordinance would apply to the outdoor
concerts that are planned for the facility. It is possible State statute would apply
and not the County's ordinance. The general belief is that the County would
not have authority over this particular situation. A Code interpretation could be
made as to what is reasonable use of the property for church uses, the types of
concerts, and so on.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 5 of 9 Pages
Commissioner Luke said that he is leaning towards not hearing this, but County
Counsel feels there are some items that should be addressed by the County.
Ms. Craghead stated that she recommends hearing it de novo.
Chair DeWolf said that the 150 -day clock starts today if the Board votes to hear
it. Both parties believe there would be prejudice without it being heard de
novo. Ms. Craghead clarified that the applicants asked for limited de novo, and
the opponents asked for full de novo.
LUKE: Move that the Board hear this appeal.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
10. Before the Board was a Work Session in Preparation for September 8
Public Hearing on the Sisters Urban Growth Boundary Amendment (53
Acres, Urban Area Reserve).
Catherine Morrow stated that this is meant to be a brief work session prior to
the meeting in Sisters on September 8. The process has included joint Planning
Commission meetings and a public hearing before the City Council. The
recommendations have been broken into six ordinances so that if there are
challenges to one, the others can move forward.
This action involves an urban growth boundary expansion. The land is zoned
for forest and farm us at this time and is not in the urban reserve, as Sisters has
not adopted any urban reserve. This is the implementation of the findings of the
City's comprehensive plan.
Ms. Morrow then referred to an oversize map of the area, pointing out the
parcels of land that are affected. She said some of the ordinances were drafted
with an emergency clause so that everything can be addressed at a single
hearing. The parcels are for commercial and industrial use, except one parcel
that would be for residential purposes.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 6 of 9 Pages
She said that after hearing public testimony, it was decided that the findings
should be amended to include the residential area. Part of the case the
proponents made was that there should be a mixture of housing involved,
including affordable housing. An exception has to be adopted into the County's
comprehensive plan.
No opposition is expected at this point, since this has gone through a long
public process already.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District, in the Amount of
$249753.04.
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
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $335.97.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 7 of 9 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County, in the Amount of $711,506.11.
Including Economic Development Grants for:
• Leadership Bend
• Arts Central
Chair DeWolf said he would abstain from voting, as his wife is involved in the
Leadership Bend program.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Abstain.
14. ADDITIONS TO THE AGENDA
Before the Board was Consideration of Signature of Letters Appointing
Harold Kemple, Nancy Knoble, Jacque Cramer, Ronald Dowd, James
Ritzenthaler and Valle Nazar -Stewart to the Deschutes County Public
Health Advisory Board, through August 31, 2008.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
15. ADDITIONS TO THE AGENDA
None were offered.
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 8 of 9 Pages
Being no further items brought before the Board, Chair DeWolf adjourned
the meeting at 11:20 a.m.
DATED this 29th Day of August 2005 for the Deschutes County Board of
Commissioners.
Tom DeWolf, Cha'
ssioner
ATTEST: Bennis R. Luke, Commissioner
6yutu�— (Nuw�—
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, August 29, 2005
Page 9 of 9 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, AUGUST 29, 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. CONSIDERATION of Signature of Document No. 2005-329, a Lease
Agreement between Deschutes County and the Bethlehem Inn regarding to
Using the Adult Parole and Probation Department's Building for Homeless
Shelter Services —Becky Wanless, Adult Parole and Probation
3. CONSIDERATION of Signature of Document No. 2005-330, an
Intergovernmental Agreement between Deschutes County and the State Parole
Board for the County to Conduct Parole and Post -Prison Violation Hearings —
Becky Wanless, Adult Parole and Probation
4. CONSIDERATION of Second Reading and Adoption of Ordinance No.
2005-014, regarding County Internal Auditor Responsibilities — David Givans,
Commissioners' Office
5. A DECISION and Consideration of Signature of Order No. 2005-071,
Approving a Petition for Designation of Territory as "Second Addition to
Whispering Pines No Shooting District" — Doreen Blome ; Community
Development Department
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 1 of 7 Pages
6. CONSIDERATION of Signature of Resolution No. 2005-105, Approving the
La Pine Rural Fire Protection District's Adoption of Ordinance No. 2004-003
and Ordinance No. 2005-001— Laurie Craghead, Legal Counsel
7. A PUBLIC HEARING (continued from Wednesday, August 24) on the Review
of the Hearings Officer's Denial of a Conditional Use Permit and Site Plan to
Relocate Landfill -related Facilities to the North Development Area at the Knott
Landfill, Limited to a Review of the Permits Issued by DEQ for the Proposed
Transfer Station and Recovery Facility at Knott Landfill (File #'s A-04-8 — CU -
02 -102 and SP -02-51) — Timm Schimke, Solid Waste Department; Catharine
White, Community Development Department
8. A DECISION and Consideration of Signature of Order No. 2005-069, a Claim
for Compensation under Measure 37 (File #M37-05-31; Claimant: Central
Electric Cooperative, Inc.) — Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development Department
9. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's
Decision Denying a Proposal to Establish a 2,000 -seat Outdoor Amphitheater
on a Parcel Zoned EFU-TRB, LM and AS and Located on Highway 20 East of
Bend. (Applicant: Christian Life Center; File #'s A-05-5 and A-05-6) —
Catharine White, Community Development Department
10. WORK SESSION in Preparation for September 8 Public Hearing on the
Sisters Urban Growth Boundary Amendment (53 Acres, Urban Area Reserve) —
Catherine Morrow, Community Development Department
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District.
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District.
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 2 of 7 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County.
Including Economic Development Grants for:
• Leadership Bend
• Arts Central
• COCOA and RVSP
14. 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. Ifyou have
questions regarding a meeting, please call 388-6572)
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.
Tuesday, September 6, 2005
1:30 p.m. Administrative Liaison
Wednesday, September 7, 2005
10:00 a.m. Board of Commissioners' Meeting
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 3 of 7 Pages
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
Monda�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
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
2:00 p.m. Sheriff's Office Correctional Needs Assessment Meeting
Tuesday, September 20, 2005
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
Wednesday, September 21, 2005
1:30 p.m. Public Hearing regarding a Vacant Lot and Defensible Space Ordinance
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 4 of 7 Pages
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
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
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 5 of 7 Pages
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
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
Board of Commissioners' Meeting Agenda Monday, August 29, 2005
Page 6 of 7 Pages
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 Monday, August 29, 2005
Page 7 of 7 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
ADDITION TO THE AGENDA
BOARD OF COMMISSIONERS' MEETING
MONDAY, AUGUST 29, 2005
CONSIDERATION of Signature of Letters Appointing Harold Kemple, Nancy
Knoble, Jacque Cramer, Ronald Dowd, James Ritzenthaler and Valle Nazar -Stewart
to the Deschutes County Public Health Advisory Board, through August 31, 2005