2005-1126-Minutes for Meeting September 26,2005 Recorded 10/10/2005TES COUNTY
FICIAL
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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, SEPTEMBER 26, 2005
Commissioners' Hearing Room - Administration Building
1300 NW Wall St.., Bend
Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke.
Also present were Mike Maier, County Administrator; Sue Brewster, Sheriff's
Office; Tom Anderson, Dan Haldeman, George Read and Catherine White,
Community Development; Tom Blust and George Kolb, Road Department; Mark
Pilliod and Laurie Craghead, Legal Counsel; Susan Ross, Commissioners' Office;
media representative Chris Barker of The Bulletin and Barney Lerten of News
Channel 21, and five other citizens.
Chair 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 Discussion of the Reading of Declaring October 2
through 8 National 4-11 Week in Deschutes County.
This item will be addressed at the Wednesday, September 28 Board meeting.
3. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing Carl Nelson, Gary Fiebick, Sherry Christoffersen and
Walker Brown to the Board of Property Tax Appeals, through June 30,
2006.
,viinMes or tsoara or commissioners' Work Session Monday, September 26, 2005
Page 1 of 12 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-353, an Intergovernmental Agreement with the State
Marine Board for the Deschutes County Sheriffs Office to Provide Law
Enforcement Services on Lakes and Rivers within Deschutes County.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-357, an Intergovernmental Agreement with the State
Department of Administrative Services regarding GIS Data Licensing.
Bob Haas gave a brief overview of the item, which changes the arrangement
with the State. This agreement would allow for improved controls of the
utilization of the data provided to the State.
DALY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-363, Renewing the Tri -County Childcare Initiative.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 2 of 12 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-362, Amending the State Financial Assistance
Contract (Term Date).
DALY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-366, an Intergovernmental Agreement with the
University of Hawaii regarding Telemedicine Visits for Local Special Needs
Children through CaCoon.
DALY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-358, Amending a Services Agreement with Ron Dowd
regarding Sex Offender Counseling Services.
This item will be discussed at the regular Juvenile Community Justice update
meeting later in the day.
10. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-359, Amending a Services Agreement with Brad
Mulvihill regarding Sex Offender Counseling Services.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 3 of 12 Pages
This item will be discussed at the regular Juvenile Community Justice update
meeting later in the day.
11. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-354, Amending the State of Oregon 2005-07
Intergovernmental Agreement in Regard to Development Disability and
Addiction Services.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
12. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-355, Amending the State of Oregon 2005-07
Intergovernmental Agreement in Regard to Prevention Services to Reduce
Underage Drinking.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-367, Amending the State of Oregon Contract #110590
regarding Chemical Dependency Services.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 4 of 12 Pages
14. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-361, Gate Permit #2005-001 for a Gate Located on
Stonewall Lane off Eby Avenue.
George Kolb explained that this right of way was dedicated by Canyonlands,
who would like to install two gates. The County doesn't maintain either, but
can revoke the permit at any time. Fire services would have keys to the gate.
Commissioner Luke indicated that law enforcement should also have a key.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
15. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-365, Gate Permit #2005-002 for a Gate Located on
Vineyard Way off Eby Avenue.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2005-107, Initiating the Vacation of a Portion of Rock
Springs Road.
George Kolb stated that 100% of the property owners have signed off on the
vacation. The road is not a through street. Access has been provided to the
property to the north via a lot line adjustment and a flag lot on Rock Springs
Court.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 5 of 12 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
17. Before the Board was Discussion and Consideration of Signature of Order
No. 205-076, Vacating a Portion of Rock Springs Road.
LUKE: Move approval, subject to the lot line adjustment being done to the
satisfaction of the Road Department.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
18. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-345, an Intergovernmental Agreement with the U.S.
Geological Survey regarding Funding for the Deschutes County
Groundwater Protection Program.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
19. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-350, an Amendment to an Intergovernmental
Agreement with the State of Oregon regarding the Public Health Drinking
Water Program.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 6 of 12 Pages
20. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-351, an Amendment to an Intergovernmental
Agreement with the State of Oregon regarding the Public Health
Foodborne Illness Program.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
21. Before the Board was a Discussion of a Hearing and Consideration of
Signature of Order No. 2005-091, a Measure 37 Claim (Cramer).
This item will be addressed at the Wednesday, September 28 Board meeting, at
which time it is likely to be continued, at the claimant's request, to October 26.
22. Before the Board was a Discussion of a Hearing and Consideration of
Signature of Order No. 2005-092, a Measure 37 Claim (Griffiths).
Mark Pilliod stated that additional documents were received today from the
claimant's attorney that indicate an earlier acquisition date than what the
County has on file. This information will be submitted to the Board prior to the
Wednesday meeting.
23. Before the Board was a Discussion of a Hearing and Consideration of
Signature of Order No. 2005-093, a Measure 37 Claim (Amadio).
This item will be addressed at the Wednesday, September 28 Board meeting, at
which time it is likely to be continued, at the claimant's request, to October 26.
24. Before the Board was a Discussion and Consideration of Whether to Hear
an Appeal of the Hearings Officer's Decision Denying a 34 -Lot Subdivision
Located West of Bend in the UAR-10 Zone (Applicant: Tumalo Creek
Development, LLC).
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 7 of 12 Pages
Chair DeWolf asked if a decision could be made today instead of on
Wednesday. Ms. Craghead indicated there was nothing that could keep the
Board from doing so. Cathy White then summarized the issue.
Commissioner Luke stated that staff has recommended this be heard de novo.
He added that it appears the Hearings Officer felt she didn't have the authority
to make this decision.
Ms. White said that the Hearings Officer found that a portion of the property is
within the City of Bend, so she could not approve the decision as a whole. There
was discussion regarding a lot line adjustment, and the Hearings Officer found
that there isn't enough evidence that the Bend Metro Park and Recreation District
would be willing to do a lot line adjustment, and also the City may not approve.
Chair DeWolf stated that he doesn't understand the Hearings Officer's reluctance
regarding conditions on the approval. Ms. Craghead noted that under LUBA case
law, it has to be shown that it is reasonable to impose a condition.
Ms. White indicated that the applicant has agreed to an extension so that the
appeal can be heard.
LUKE: Move that the Board hear this de novo, subject to receiving a letter
from the applicant agreeing to restart the clock., allowing 90 days
from today.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
25. Before the Board was a Discussion of a Public Hearing and Consideration
of First and Second Readings and Adoption, by Emergency, of Ordinance
No. 2005-043, Changing Shotgun Season for a Portion of the Deschutes
River Corridor Restricted Area.
Laurie Craghead stated that various agencies (the U.S. Forest Service, the
Oregon Department of Fish & Wildlife, and the Sheriff) have agreed that this
change should occur.
This item will be addressed at the Wednesday, September 28 Board meeting.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 8 of 12 Pages
26. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-352, a Trust Deed; and Document No. 2005-349, a
Promissory Note, regarding the La Pine Crescent Creek Remainder
Property (Pahlisch Homes).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
27. Before the Board was Discussion and Consideration of Signature of
Document No. 2005-356, a Trust Deed Reconveyance for Elk Horn
Development, LLC.
Ms. Craghead said that there are two different documents; one is for the
building of the park, which has been completed. The County is to give them a
note and trust deed for the cost of the park, which benefits the other quadrant.
Tom Anderson said the work on the clubhouse has been finaled and the park
seems to be completed.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
28. Before the Board was Discussion and Consideration of Signature of
Resolution No. 2005-113, Transferring Appropriations within the County
Counsel Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Abstain.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 9 of 12 Pages
29. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2005-114, Transferring Appropriations within the
Deschutes County Sheriffs Office Fund (Adult Jail — Parking Lot),
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
30. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2005-115, Transferring Appropriations within the
Deschutes County Sheriffs Office Fund (Adult Jail — Radios).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
31. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2005-116, Transferring Appropriations within the
Deschutes County Finance Department Fund (Computer Hardware,
Software, Technical Improvements).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
32. Before the Board was a Discussion and Consideration of Chair Signature
an Oregon Liquor Control Commission License Application for Gordy's
Restaurant, LLC.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 10 of 12 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
33. ADDITIONS TO THE AGENDA
A. Before the Board was a Discussion and Consideration of Approval of
Documents No. 2005-369, 2005-370 and 2005-371: Use, Access and
Parking Easement Agreements regarding Access onto Olney Avenue.
Susan Ross said these documents should have been executed last year.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
B. Before the Board was a Discussion and Consideration of Signature of
Document No. 2005-372, an Agreement with Oregon Health Sciences
University regarding Child Development and Rehabilitation Services.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
C. Before the Board was a Discussion and Consideration of Chair
Signature of an Oregon Liquor Control License Application for
Sushimotos, LLC (Sunriver).
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 11 of 12 Pages
D. Before the Board was a Discussion and Consideration of Approval of
Document No. 2005- 375, an Intergovernmental Agreement with the
U.S. Forest Service for the Sheriffs Office to Provide Law
Enforcement Services on U. S. Forest Service Land.
DALY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, Chair De Wolf adjourned
the meeting at 10:55 a.m.
DATED this 26th Day of September 2005 for the Deschutes Countv
Board of Commissioners.
ATTEST:
I
tal,4-
Recording
Secretary
To DeWol too Hair
is ael M. fVly, Com issioner
D nnis R. Luke,�Cnmissioner
Minutes of Board of Commissioners' Work Session Monday, September 26, 2005
Page 12 of 12 Pages