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2005-1349-Minutes for Meeting August 22,2005 Recorded 11/28/2005COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS 1►J �V0�-1349 COMMISSIONERS' JOURNAL „1„„ ,,,.1, 22,22„2 2, 2„ 11211 11/28/2005 02:41:00 PM 2005-1349 DESCHUTES COUNTY CLERK CERTIFICATE PAGE .T. (� r-, 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 22, 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 Anna Johnson, Commissioner's Office; Mark Pilliod, Laurie Craghead, and Larry Shaw, Legal Counsel; Timm Schimke, Solid Waste; Tom Anderson, Catherine Morrow, Cathy White and Doreen Blome', Community Development; Judy Sumners, Risk Management: and Debi Harr, Commission on Children and Families. Others present were: Sharon Smith, Bryant Lovlien and Jarvis; Chuck McGraw, Redmond City Council; and media representatives Chris Barker of The Bulletin and Jason Carr of KYVZ News Channel 21. Thirty-five other citizens were present. Chair De Wolf opened the meeting at 10: 00 a. m. 1. CITIZEN INPUT None were offered. 2. A CONTINUED PUBLIC HEARING 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 Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 1 of 19 Pages Catharine White presented a brief history. In December of 2004 the Board held a public hearing to deliberate on the hearings officers' denial of a conditional use and site plan for relocation of Knott Landfill facilities to the north development area. The Board continued the hearing to an uncertain date that would be noticed. It has been noticed to today, August 22nd. So, today is a continuation of the hearing. The Board continued the hearing to allow the applicant to obtain Department of Environmental Quality (DEQ) permits that are required for the facilities that are going to be relocated to the north development area. The Board desired to limit the testimony today to whether or not the appropriate DEQ permits have been obtained for the new facilities. We did publish notice in the Bend Bulletin and also notified all the parties that were on the mailing list. We have not received any written comments. Commissioner Luke asked Ms. White if they mailed to all the people that were 10 miles away like last time. Ms. White said the mailing list is to over 100 people. It is everyone who testified, submitted comments and included petitioners. Commissioner Luke asked if there were no responses. Ms. White said "none." Commissioner DeWolf asked if there was anything the Board needed to know before he opened the public hearing. Laurie Craghead said "no", other than the fact that it is a limited de novo hearing on the one issue only. Commissioner DeWolf reopened the public hearing which will allow the Board to enter DEQ permits into the record and allow testimony limited to the issue of whether the appropriate DEQ permits have been obtained for the subject property. Commissioner DeWolf said that public hearing is not open and asked if there was anyone who wanted to testify in the matter. Ms. Craghead said at least the applicant. Commissioner DeWolf said he will ask Timm Schimke to come up to a microphone any time soon. Commissioner DeWolf asked Mr. Schimke, for the record, has his Department obtained the necessary permits from DEQ. Mr. Schimke said "yes." He said they applied for the DEQ permits and DEQ chose to approach the permitting with two separate permit applications. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 2 of 19 Pages The two binders that you see there represent our applications as well as the DEQ permit. The majority of the binder is the application and includes operations plans as well as the design engineering that we have done to date. Both of those documents are referenced in the property permit. So, they are incorporated by reference. That represents everything. Mr. Schimke said that DEQ went through a public process, they notified, and they had a public hearing. They received about twelve (12) written comments both in favor and against and at the public hearing only one (1) person testified in favor. DEQ issued the permits. There were no unanticipated restrictions or requirements. Mr. Schimke said they would have to submit an updated land use compatibility statement if and when they receive a conditional use permit as well as update engineering and operations plans as they go through the process of construction. Commissioner DeWolf said "ok." Commissioner Luke asked if the appeal period for the DEQ permit is past. Mr. Schimke said he did not believe that there is actually a formal appeal period for that. Commissioner DeWolf asked Laurie Craghead if there was an appeal period for a DEQ permit. Ms. Craghead said she was not sure what the period is but thought there was one of some sort. Commissioner Luke asked when the permits were issued. Mr. Schimke said that the permits were issued 2 or 3 weeks ago. Commissioner Luke said that people were notified and there has been plenty of time for people to comment if they wanted to. Mr. Schimke said the comment period closed on July 27th and they received a permit one month later. Commissioner Luke commented on the date. Mr. Schimke corrected the July 27th date to July 11 th. Commissioner DeWolf said that this is August 22nd and he could not imagine an appeal period longer than 30 days. Commissioner DeWolf asked if there was anyone else who would like to testify in this matter. Not hearing any he closed the public hearing. Commissioner Luke asked Ms. Craghead what kind of motion Legal Counsel would like to see if this was approved. Ms. Craghead said she would like to Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 3 of 19 Pages have the Board delay their decision until Wednesday so that she has a chance to review the draft decision and make any changes to it. The Board would have a date certain of Wednesday that they would actually make their decision. Commissioner DeWolf asked "rather than making a decision subject to legal review." Ms. Craghead answered "yes." Commissioner DeWolf said the Board will make a decision on this Wednesday at the Board's 10 a.m. meeting. 3. CONSIDERATION of Signature of Document No. 2005-322, an Indemnity Agreement regarding the Tumalo Block Party, August 27 — Judy Sumners, Risk Management Commissioner DeWolf asked if all three of the Indemnity Agreements presented today are all in order including the insurance, legal approval, and everything is done. Judy Sumners responded by saying "correct." LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. CONSIDERATION of Signature of Document No. 2005-323, an Indemnity Agreement regarding the High Desert Omnium, August 27-28 — Judy Sumners, Risk Management LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 4 of 19 Pages 5. CONSIDERATION of Signature of Document No. 2005-324, an Indemnity Agreement regarding Ring of Fire, September 10-11 — Judy Sumners, Risk Management LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. DISCUSSION of Hearings on Measure 37 Claims for Compensation (scheduled for Wednesday, August 24): Order No. 2005-061 — Claim #M37-05-9 - Reconsideration Order No. 2005-066 — Claim #M37-05-32 Order No. 2005-069 — Claim #M37-05-31 Order No. 2005-072 — Claim #M37-05-28 Order No. 2005-073 — Claim #M37-05-27 Order No. 2005-075 — Claim #M37-05-29 Commissioner DeWolf stated that to his knowledge, the Board has only received packets of information on Brown/Perry, Central Electric, and the Cyrus Loving Trust cases. On the other three claims the Board is still waiting for information. He asked if that was accurate. Tom Anderson stated that actually two of the six that are on the agenda will not occur on Wednesday. Commissioners asked for the numbers. Mr. Anderson said M37-05-32 which is the Olsen claim has been continued. Number M37-05-27 which is Matt Cyrus claim has been withdrawn. Commissioner DeWolf said that he does not have M37-05-29. Mr. Anderson said they have a draft of that one; he will need to do some cleanup on it and should have it to the Board today. Commissioner DeWolf said that on Wednesday, the Board would then be hearing four of these. Mr. Anderson said "that is correct." ivliiiULCh ui noara or Lommissioners' Work Session Monday, August 22, 2005 Page 5 of 19 Pages Commissioner DeWolf asked if they should just go through them one by one. Mr. Anderson said typically we wait until Wednesday to go through the details of these. Commissioner DeWolf said it is a discussion of hearings so he thought that meant they would have a discussion. Commissioner Luke asked Mr. Pilliod if he saw anything coming forward on the Perry claim and did he see any objection to what he was going to recommend. Mr. Pilliod said that they might. The problem is that they have not had a lot of discussion with the lawyer representing the claimant. He received an email either late Friday or early this morning in which the attorney expressed the idea that he would further consult with his client about the position the County is taking, which is to reconsider the previously approved waiver with the recommendation that a portion of it be denied and citing legal justification for that. Mr. Pilliod's response to him was, "well the matter is now scheduled for Wednesday, the Board will take it up then." The attorney for the claimant has shared his views with Laurie Craghead on my staff and we believe that the Board did make a mistake based upon mistaken recommendation by staff to allow the claim. It should have been denied in part. Commissioner Daly said you mean our County Administrator led us astray, that is what you are saying. Mr. Pilliod said "no", it was my office that made the mistake. Commissioner Luke asked what they do in Klamath County where they don't have an Administrator. Is the County Administrator called out in the (unintelligible word possibly law?) Mr. Pilliod said "no." That is just the local approach that we decided upon. Commissioner DeWolf asked if they would get the M37-05-29 information. Mr. Pilliod said it should be later on this morning or early this afternoon. He just received some sort of a revised version for his staff and he has some questions about it. The problem is that there are ten (10) discreet parcels and they were obtained at different times. The State has come down with its recommended decision as to those corresponding State claims and it is confusing. There is probably on the order of 300 to 400 acres of property and it is a tough one. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 6 of 19 Pages 7. DISCUSSION of a Public Hearing (scheduled for Wednesday, August 24), 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 Doreen Blome' said that the public hearing is noticed for Wednesday. She said Commissioner DeWolf may have been absent from the August 3rd session when the Board accepted the petition. Commissioner Luke and Commissioner Daly asked her to include the two (2) properties in the center of the map. Commissioner DeWolf said he was absent but he has read all the material. Ms. Blome' said that there is no opposition reported as of yet. Commissioner DeWolf said the public hearing is scheduled for Wednesday morning at our 10 a.m. meeting. Commissioner Daly asked how you get 101 % of a 60% requirement. Ms. Blome' said she had the same question for the clerk's office. They had one (1) or two (2) signatures over the required allotment. Commissioner Daly said ok, 101% of the 60%. 8. DISCUSSION of the Continuation of a Public Hearing (scheduled for Wednesday, August 24; continued from August 10) and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005- 041, Amending the Resort Community Zone and Amending the Definition of a "Resort Facility" — Catherine Morrow, Community Development Department Commissioner DeWolf said the Board has a continued Public Hearing on a Resort Facility for Wednesday. He asked Catherine Morrow if there was anything new that the Board needs to be aware of. Ms. Morrow said she was unclear from the agenda request whether the hearing was today or Wednesday. Commissioner Luke stated that it is Wednesday. Commissioner DeWolf said he was unclear on that as well. The date for the meeting is scheduled for August 24th. Ms. Morrow said that would be Wednesday then. Ms. Morrow said this is a hearing and she is not sure why the hearing was held open. She thought maybe the Board requested the applicant, Arrowood Development to provide more information. She was not entirely sure, but as far as she knows the ordinances are ready to go. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 7 of 19 Pages Commissioner Luke asked if it was a second reading. Commissioner DeWolf stated not for an ordinance. Laurie Craghead said she does not have anything on her agenda, so she does not know what matter they are talking about. Commissioner Luke said item number eight (8). Commissioner DeWolf said this is the text amendment that allows mixed use ownership and (unintelligible word) lot lines in Resort Community zones. Commissioner Luke said this is the one between Inn of the Seventh Mountain and Wiggi Creek. Ms. Morrow said you have already conducted the hearing. Commissioner Luke said they already did that and he thought they already approved it. Ms. Craghead said that she thought it was a matter of approving the actual language of the ordinance. Commissioner DeWolf said we had their ordinance add an emergency clause so that we could pass it in the form that they wanted and we agreed to. Ms. Morrow said she would go and check the minutes and confirm that. Commissioner DeWolf asked, "that is all that we are doing Wednesday." Ms. Morrow said "yes.' Commissioner DeWolf said it is scheduled for Wednesday. Ms. Craghead said that it is because of recent case law that has come down that says that there actually has to be a public hearing on the actual language of the ordinances now. So even though you approved the decision for a plan amendment or zone change, you still actually have to have a hearing on the actual wording of the ordinance in case someone has some disagreement with that. That is why we are doing this process. Ms. Morrow said that it is a text amendment to title 18. 9. DISCUSSION of a Public Hearing (scheduled for Tuesday, August 23) on Redmond Urban Reserve Area (File # PA -05-06) —Catherine Morrow, Community Development Department Catherine Morrow introduced herself and Chuck McGraw, the long range planner for City of Redmond. Ms. Morrow did not feel that they needed to have a lot of discussion today. They are planning to do a PowerPoint presentation at the beginning of the hearing tomorrow night to set the stage on Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 8 of 19 Pages where we are today and where we have been. We will then conduct the Public Hearing on Tuesday, at 5:30 p.m., at the Redmond Fire Hall. Commissioner Luke asked if they had gotten much comment since the City Council did their final approval. Mr. McGraw said that they have only one (1) letter from the Halls. Commissioner DeWolf said the Board has two (2) letters. Mr. McGraw said they might have received one from Missing Links Golf Course. Commissioner DeWolf said the Board has a letter from the Halls and a letter from Allen 011ey who submitted a request for inclusion. Mr. McGraw said that Mr. 011ey is currently split zoned. Part of the urban area goes through his property. We tried for the most part to follow property lines. He and his son own contiguous parcels and one got in and one is out. He is asking for both parcels to be included. Commissioner DeWolf said they are separate parcels then, not splitting one parcel. Mr. McGraw said that is correct but it is like splitting a unit of ownership. Commissioner Luke asked what the recommendation of City staff is on that. Mr. McGraw said City Council listened to the testimony and drew their line where they put it, which leaves it split. Commissioner Luke said again, it is not through a piece of property it is down a property line. Mr. McGraw said "that is correct." Commissioner Luke asked if there was a fence or anything there. Mr. McGraw said he did not know. Commissioner Luke said the Board would like to have that information. Commissioner Daly said he drove by there every day. Commissioner DeWolf asked if Commissioner Daly would check and let them know. Commissioner Daly will check when he goes by there tonight. Commissioner DeWolf asked if those that did not want any property included, are they still included. Mr. McGraw said that they are in the City Councils recommendation. Ms. Morrow said they are not in the Planning Commission's recommendation. Commissioner Luke asked where the discussions are going that Commissioner Daly had with the Mayor about the property south of the Fairgrounds. Mr. McGraw said currently the mayor has proposed a policy that he will introduce in his testimony tomorrow. The policy basically says the County and City agree to adjust the boundary of the Urban Reserve Area within public Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 9 of 19 Pages lands to address the needs of the City, County, and State. After we have developed a memorandum of understanding for the development needs of all parties. It is back to the issue between BLM (Bureau of Land Management) and DSL (Department of State Lands) and a proposed user that does not want to wait the full BLM/DSL process. He is looking for some assurance that this land can be exchanged. Commissioner Luke said that has really nothing to do with our approval/proposal. It will not adjust the proposal that's come before us, is that correct? Ms. Morrow said that is where the Mayor is suggesting that we go; it is not actually adjusting the proposal. However, she thinks if there is a possibility to figure out how to adjust the proposal now rather than waiting, we should do that. It will require additional public process, public hearings in front of both jurisdictions, the Planning Commission and an amendment with additional findings. It is kind of unfortunate to have to do after you have just adopted a boundary saying this is what you need for 50 years to come back shortly after saying whoops, we want to rearrange it. Ultimately, it is up to the Board and City Council about whether it is even possible at this time to identify some of that DSL land to bring in. The issue would be if you are going to adjust the boundary between public lands, say County land, and this land that is currently BLM but is proposed for selection by the Department of State Lands. You can do that now or you can wait and it will be DSL's burden to come in and make findings. They will have to make findings that will say they do not want to increase the acres. They will want to slice some off the County land as they need to stay within the acreage threshold to reduce vulnerability for a challenge. Commissioner DeWolf asked what sort of assurance do we have on the lines that they are using. Ms. Morrow said the thing she is not certain about is what the DSL's time frame is. They only reason it came up at all is that Mayor Unger had a discussion with a prospective user who wanted to cite some sort of industrial use on that land. Not all of it, just maybe 50 acres. So if there is any way we could get that in now rather than later, I think that would be advantageous in terms of process for all of us. Commissioner DeWolf said that if in fact what we are creating with the Urban Reserve Area is industrial, commercial, and residential lands for the next 50 years, and if the Planning Commission and City Council have concluded that Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 10 of 19 Pages what is before us achieves that goal, then are we being driven because one industrial user wants to be in a particular spot that is not included. When in fact, there is land that would be available for their use because we have created our 50 year supply elsewhere. Ms. Morrow said that's good question. Commissioner Daly said there is a couple of reasons that the extension of 19th Street through that property to Deschutes Junction is a huge item that needs to be addressed. I am looking more for funding partners to make that happen and if we have people users that are willing to do something along the south boundary of Redmond in that area, obviously their funding partners will help us get the road built. Commissioner Luke asked how many acres we are talking about there. Mr. McGraw said we don't know. There is about 800 acres south of the County Fairgrounds. This would be just a small portion. Commissioner DeWolf said that it would not fit. Mr. McGraw said you would have to take it off of someplace else. Commissioner Luke said the City has not determined if that is where they want to grow. Mr. McGraw said from a planning prospective it is kind of presupposing the land uses before we have even brought it into the Urban Growth Boundary. Commissioner DeWolf said this sounds like more than two people coming together; this is the whole planning process all over. Mr. McGraw said he believed that is why the Mayor would be satisfied with a policy that says here is what is in the future once the DSL and BLM get their process done. Then DSL can come back as the land owner and make the legislative application to amend the Urban Reserve Area boundary. As Catherine indicated, the burden of proof will be on them at that point in time to make the adequate findings to support additional lands. Commissioner DeWolf said they would have the incentive because it is going to increase the value. Mr. McGraw said we may be back to where we are today is taking some County public lands and amending it to the south of that. It would give you a few more years to make a better decision. Commissioner Daly said he had one more question. He said Catherine mentioned that one way to get more land is for the folks that so adamantly want to be included, take them out. He does not know how much land the Halls have Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 11 of 19 Pages but that is one way of doing it. Mr. McGraw said the Halls have 80 — 100 acres in the unit. It is not all one parcel but is separated between family units. Ms. Morrow said if you want to take 100 acres out because the Halls do not want to be in, it would be easy to justify because it is irrigated EFU land and bring in the equivalent amount of what is now the BLM land in this location. Commissioner Luke said he would be hesitant to do that without a recommendation from the City Council. This is a long term project, would not mind doing it if City Council came forward. Commissioner DeWolf asked when they are hoping for a decision by the County. Mr. McGraw said his hope was that the ordinary process is that you close the oral testimony and leave the written record open for seven (7) days and set a specific date in September at one of your 1 st or 2nd meetings to make your decision. That gives you some time. Commissioner DeWolf said a couple of options. One would be that we can do that or we could continue the hearing tomorrow night until City Council and the Planning Commission in Redmond have a chance to meet and discuss this particular issue, if they think it is something they would like to do. Then we could look more toward the middle or end of September as us making the final decision based on a continued public hearing and then close everything up. It may add 3 or 4 weeks to it. It may resolve the issue without having to reopen the whole thing. Does that seem like something to consider anyway? Commissioner Luke said he had a question of Legal Counsel or maybe Catherine. If the City Council reopens up the process of deciding on the Urban Reserve, does that kick in the mailings and the notifications? Legal Counsel says yes, and planner says no. Ms. Morrow's opinion is that you have a recommendation from City Council. If the City Council in a public meeting decides to provide testimony to you, then it is noticed. The decision is in front of you right now. The joint management agreement that we have that's in place now says that if there is any disagreement between the City Council and the Board of County Commissioners, then the joint management agreement says that you will work it out together. Commissioner DeWolf said will we have City Council representatives at the Public Hearing. Mr. McGraw said yes. He believes at least the Mayor and Counselor Mansfield will testify. They will take 1 st opportunity as they have a Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 12 of 19 Pages Council meeting at 7:00 p.m. Commissioner DeWolf asked Mr. McGraw if he would have the time between now and then to broach this subject with each of the City Councilors? Mr. McGraw said he has a work session a 6:45 in the morning to go over the Council agenda. Commissioner DeWolf said if they want to make this their issue, so be it. Mr. McGraw said tomorrow morning he could lay out the potential length of time for the delay if they want to propose this change, their not going to get a decision in the 1 st part of September. It will more than likely be a continued hearing toward the end of September. Commissioner DeWolf said depending on their timing and Redmond Planning Commission timing. Commissioner Luke said you are running a parallel process about bringing ground into the Urban Growth Boundary. Until the Urban Reserve is approved, you can't bring the property in to the Urban Growth Boundary either. Mr. McGraw said "that is true." He did not feel a couple of weeks would make or break the Urban Growth Boundary. Commissioner Luke asked Laurie Craghead if she had an opinion different from Catherine's. Ms. Craghead said that it would be something she would have to think about a little further but Redmond would have to get their own legal counsel on whether or not they would open it up. It is a legislative matter but also if they are going to change the recommendation they would have to re - notice. Commissioner Luke said they could suggest that the Commissioners' make a change. Ms. Craghead said the other thing is that they can change their own order or recommendation probably without a hearing, but it is a legislative matter. Commissioner DeWolf said we will see you tomorrow night at the Redmond Fire Hall at 5:30 p.m. 10. DISCUSSION and Consideration to Hear Appeals 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. The Applicant is Christian Life Center. (File #'s A-05-5 and A-05-6) — Catharine White, Community Development Department Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 13 of 19 Pages Commissioner Luke suggested to Legal Counsel that the Board do this on Wednesday as Legal Counsel has been on vacation and needs to do additional review for some of the questions. Commissioner DeWolf said he is fine with doing that he was just talking about the discussion this morning and seems like this could be about a 3 minute discussion. Ms. Craghead said she has read both the notices of appeal and had discussed with staff the recommendation. This morning she did read staff's memo to the Board in which she did a very good job of outlining what the issues are as far as the factors the Board needs to consider in deciding whether or not to hear it and if so, on what type of hearing to hear. Because both notices of appeal did raise issues of the hearings officers interpretation of code provisions and there are various constitutional issues which the Board does not decide. That will be issues that will be raised on appeal because either way this is going to go on appeal, I am sure. Commissioner Luke said that since there are constitutional issues, what is the downside of letting this go directly to LUBA. Ms. Craghead said the downside is that both sides have raised issues of local code interpretation. You would not get deference at LUBA for those issues on appeal. For the Board to hear this it would then be a final decision of the governing body that would then be entitled to deference on the issues. Commissioner Luke said the City of Bend hears very few of theses. He would be interested to know how many of their ordinances get turned over because the hearings officer hears them and the Council does not. Ms. Craghead asked if this was actual land use approvals. Commissioner Luke said "yes." Ms. Craghead said she did not know what that statistic is. It is safer if we do this. This is a highly controversial one and has a lot of issues of interpretations to be made. A lot if information was turned in during the hearings officers' provision, she assumed. She has not seen the record for that but there would be issues. Ms. White asked if the Board wants any background information before Wednesday. Commissioner Daly said it is all right here. Ms. White said she could just summarize it. The Board will hear this Wednesday. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 14 of 19 Pages 11. DISCUSSION and Consideration of Signature of Document No. 2005-325, Intergovernmental Agreement with Bend Metro Parks District for Transfer of Restrictive Covenant on Eastgate Property — Mark Pilliod, Legal Counsel Mark Pilliod said he and Sharon Smith have gone through the agreement. It reflects the discussion the Board had a couple of weeks ago. The intention is to allow the Park District to dispose of about 80 acres of property that is part of the Eastgate Property, to affect a rezone and a series of reversionary interests as to the balance of the property so that folks in the neighborhood and the public generally, can be satisfied that the property will be reserved for park purposes. The ultimate disposition of the 80 acres would generate some capital which the Park District then plans on acquiring and improving the Pine Nursery property. It is somewhat of a complicated series of transactions which is part of the reason in putting it in the form of an IGA. After Sharon Smith provided us with the colored illustrations of the property and its current zoning in particular, we noticed that there was a mistake in the description between the illustration, Exhibit A, and one of the recitals on page 2, Recital D. I went ahead and changed the language to reflect what was shown on the illustration. The illustration turned out to be wrong and we are going to change Exhibit A to properly identify and illustrate the current zoning. With the correction and the substitution of a new Exhibit A and the language in the Recital D, which is intended to identify the current EFU and RR10 zoning, we are otherwise completely in agreement as to the terms. Commissioner DeWolf asked if there was something we can do this morning or do we need to hold off until Wednesday on this. Mr. Pilliod said subject to the Board's allowance of staff to substitute the correct Exhibit A, which is the current zoning, and the references in Recital D, again to reflect what the current zoning is, the Board could authorize the approval of and later signatures by the Board and the District. Commissioner Luke said that this is the product of the work between Park and Rec and neighborhoods out there working through this process. Mr. Pilliod said that it does reflect agreement between the District and its immediate neighbors in the Eastgate area. It is reflected in material that was attached as an exhibit to the IGA. There is a memorandum of understanding which the folks out there have agreed to. The agreement, the IGA with the County, reflects that this Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 15 of 19 Pages fulfills the party's representations and their understanding of what is going to happen. Commissioner Luke said we have gone through some pretty good work sessions on this and he does not have a problem with the minor corrections needed to be made to allow for approving this today. Commissioner Daly said he was ok. LUKE: Move approval subject to the corrections Legal Counsel has addressed. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 12. DISCUSSION and Consideration of Signature of Document No. 2005-320, 2005-2007 Intergovernmental Agreement between Deschutes County, the State of Oregon, Commission on Children & Families — Debi Harr, Commission on Children & Families Commissioner DeWolf said that this is the standard IGA that Legal Counsel has approved that allows us to actually collect the money that Commission on Children & Families from the State would like to give to us. Without signing, we would not get the money. Debi Harr said that is correct. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 13. DISCUSSION of Consideration of Second Reading and Adoption of Ordinance No. 2005-014, regarding County Internal Auditor Responsibilities — David Givans, Commissioners' Office Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 16 of 19 Pages Commissioner DeWolf said he would take up the matter right now for the purposes of postponing it and we will handle this on Wednesday. 14. DISCUSSION and Consideration of Signature of Resolution No. 2005-103, Transferring Appropriations within the Deschutes County Sheriff's Fund — Marty Wynne, Finance Department LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 15. DISCUSSION and Consideration of Signature of Resolution No. 2005-104, Transferring Appropriations from the General Fund to the COPs Fund — Marty Wynne, Finance Department LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 16. DISCUSSION and Consideration of Signature of Resolution No. 2005-105, Transferring Appropriations within the Deschutes County General Fund — Marty Wynne, Finance Department LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 17 of 19 Pages 17. DISCUSSION and Consideration of Signature of Resolution No. 2005-106, Transferring Appropriations within the Deschutes County Building Services Fund — Marty Wynne, Finance Department LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 18. DISCUSSION and Consideration of Signature of Order No. 2005-074, the Monthly Cash Transfer Order — Marty Wynne, Finance Department LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 19. CONSIDERATION of Signature of Letters Appointing the Following Individuals to the Managing Board of the Sunriver Service District: • Tom Gunn, through August 30, 2008 (Appointment) • Bob Bolin, through August 30, 2008 (Appointment) DALY: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 18 of 19 Pages 20. ADDITIONS TO THE AGENDA Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 10:48 a.m. DATED this 22nd Day of August 2005 for the Deschutes County Board of Commissioners. Michae]IW.. Daly, Cqffinissioner ATTEST: Dennis R. L Recording Secretary Minutes of Board of Commissioners' Work Session Monday, August 22, 2005 Page 19 of 19 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, AUGUST 22, 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 CONTINUED PUBLIC HEARING 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 3. CONSIDERATION of Signature of Document No. 2005-322, an Indemnity Agreement regarding the Tumalo Block Party, August 27 — Judy Sumners, Risk Management 4. CONSIDERATION of Signature of Document No. 2005-323, an Indemnity Agreement regarding the High Desert Omnium, August 27-28 — Judy Sumners, Risk Management 5. CONSIDERATION of Signature of Document No. 2005-324, an Indemnity Agreement regarding Ring of Fire, September 10-11 —Judy Sumners, Risk Management Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 1 of 8 Pages 6. DISCUSSION of Hearings on Measure 37 Claims for Compensation (scheduled for Wednesday, August 24): Order No. 2005-061 — Claim #M37-05-9 - Reconsideration Order No. 2005-066 — Claim #M37-05-32 Order No. 2005-069 — Claim #M37-05-31 Order No. 2005-072 — Claim #M37-05-28 Order No. 2005-073 — Claim #M37-05-27 Order No. 2005-075 — Claim #M37-05-29 7. DISCUSSION of a Public Hearing (scheduled for Wednesday, August 24), 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 8. DISCUSSION of the Continuation of a Public Hearing (scheduled for Wednesday, August 24; continued from August 10) and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005- 041, Amending the Resort Community Zone and Amending the Definition of a "Resort Facility" — Catherine Morrow, Community Development Department 9. DISCUSSION of a Public Hearing (scheduled for Tuesday, August 23) on Redmond Urban Reserve Area (File # PA -05-06) —Catherine Morrow, Community Development Department 10. DISCUSSION and Consideration to Hear Appeals 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. The Applicant is Christian Life Center. (File #'s A-05-5 and A-05-6) — Catharine White, Community Development Department 11. DISCUSSION and Consideration of Signature of Document No. 2005-325, Intergovernmental Agreement with Bend Metro Parks District for Transfer of Restrictive Covenant on Eastgate Property — Mark Pilliod, Legal Counsel 12. DISCUSSION and Consideration of Signature of Document No. 2005-320, 2005-2007 Intergovernmental Agreement between Deschutes County, the State of Oregon, Commission on Children & Families — Debi Harr, Commission on Children & Families Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 2 of 8 Pages 13. DISCUSSION of Consideration of Second Reading and Adoption of Ordinance No. 2005-014, regarding County Internal Auditor Responsibilities — David Givans, Commissioners' Office 14. DISCUSSION and Consideration of Signature of Resolution No. 2005-103, Transferring Appropriations within the Deschutes County Sheriff's Fund — Marty Wynne, Finance Department 15. DISCUSSION and Consideration of Signature of Resolution No. 2005-104, Transferring Appropriations from the General Fund to the COPs Fund — Marty Wynne, Finance Department 16. DISCUSSION and Consideration of Signature of Resolution No. 2005-105, Transferring Appropriations within the Deschutes County General Fund — Marty Wynne, Finance Department 17. DISCUSSION and Consideration of Signature of Resolution No. 2005-106, Transferring Appropriations within the Deschutes County Building Services Fund —Marty Wynne, Finance Department 18. DISCUSSION and Consideration of Signature of Order No. 2005-074, the Monthly Cash Transfer Order — Marty Wynne, Finance Department 19. CONSIDERATION of Signature of Letters Appointing the Following Individuals to the Managing Board of the Sunriver Service District: • Tom Gunn, through August 30, 2008 (Appointment) • Bob Bolin, through August 30, 2008 (Appointment) 20. 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. Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 3 of 8 Pages 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) Monday, August 22, 2005 10:00 a.m. Board of Commissioners' Work Session 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. Meeting with Marla Rae - Consultant 6:00 p.m. Redmond Urban Reserve Hearing, at Redmond Fire Hall Wednesday, August 24, 2005 9:00 a.m. Regularly Scheduled Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 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 Sheriffs 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. Tuesday, September 6, 2005 1:30 p.m. Administrative Liaison Wednesday, September 7, 2005 Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 4 of 8 Pages 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 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 Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 5 of 8 Pages Wednesday, September 21, 2005 1:30 p.m. Public Hearing — Joe Stetler to Address Vacant Lot and Defensible Space Ordinance 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 Board of Commissioners' Work Session Agenda Monday, August 22, 2005 Page 6 of 8 Pages 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 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' Work Session Agenda Monday, August 22, 2005 Page 7 of 8 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' Work Session Agenda Monday, August 22, 2005 Page 8 of 8 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 WEDNESDAY, AUGUST 24, 2005 CONSIDERATION and Possible Acceptance of Earnest Money Agreement to Purchase six (6) lots in the Newberry Business Park — Mark Pilliod, County Counsel