2005-1409-Minutes for Meeting December 05,2005 Recorded 12/13/2005COUNTY
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FICIAL
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COMMISSIONERS' JOURNAL 12/1312005 03;24;28 PM
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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 MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 5, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke. Also present
were Mike Maier, County Administrator; Bob Haas, Information Technology,-
Kevin
echnology;Kevin Harrison, Community Development; Laurie Craghead and Mark Pilliod,
Legal Counsel; Anna Johnson, Commissioners' Office; Dan Despotopulos and
Kathy Herringer, Fair & Expo Center; Kyle Gorman and another person from the
Water Resources Department; media representatives Molli Graham and Barney
Lerten of News Channel 21 and Lily Raff from The Bulletin; and approximately
twenty other citizens.
Vice Chair Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
The Commissioners commended the work that Dan Despotopulos has been
doing over the past five years in running the Fair & Expo Center, and awarded
him a five-year longevity pin.
2. Before the Board was Consideration of Signature of Document No. 2005-
465, an Intergovernmental Agreement with the Oregon Department of
Revenue regarding GIS Mapping Services.
Bob Haas gave a brief overview of the item.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 1 of 8 Pages
3. Before the Board was Consideration of Signature of Document No. 2005-
455, an Intergovernmental Agreement with the Oregon Water Resources
Department regarding Assistant Watermaster Funding.
Kyle Gorman provided an overview of the document. Other counties contribute
funds for these positions.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
4. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2005-145, Approving the Wade Annexation into Deschutes
County Rural Fire Protection District No. 2.
Laurie Craghead explained that this is a one -property annexation.
Vice Chair Daly opened the public hearing.
Being no testimony offered, he closed the hearing.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
5. Before the Board was a Discussion of a Public Hearing, and Consideration
of Signature of Resolution No. 2005-145, regarding a Request for
Exemption from the Competitive Bid Process for the Construction of a
Cover over the Sagebrush Arena at the Fairgrounds.
Dan Despotopulos and Mark Pilliod stated that this will attract additional
business to the Fairgrounds. This process asks that design -build bids be
submitted. Commissioner Daly said that the County needs to show how money
can be saved by this type of process; he said he feels that it usually ends up with
one of the larger contractors in the area getting the bid.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 2 of 8 Pages
Commissioner Luke observed that there are probably just few contractors who
would want to handle this type of pole building. He believes there will be bids
from pole building manufacturers instead of the larger contractors for this
project. They will all have an opportunity to submit bids.
Mark Pilliod said that the rules provide that staff can informally solicit
proposals from architects and engineers. A design firm will be selected and this
will be the foundation for a traditional low -bid process. Mike Maier added that
the bulk of the savings will be from not having to hire an architectural firm.
Mr. Despotopulos said that this would save on time as well. Commissioner
Luke noted that this process, of course, involves going after the lowest qualified
bid. Mr. Pilliod added that the best bid might not be the lowest bid in this
instance.
This hearing is scheduled for Wednesday, December 7, 2005 at 10:00 a.m.
Commissioner Luke will call in from out of the area and the hearing will be
handled via conference call.
Vice Chair Daly read the opening statement for Measure 37 hearings.
6. Before the Board was a Hearing and Consideration of Signature of Order
No. 2005-098, regarding Measure 37 Claim No. M-37-05-45 (Applicant:
Chelsea Trees, Inc.).
This item was continued from November 9, 2005.
Tom Anderson explained that this claim involves a 41 -acre parcel zoned F-2
located in the Skyliners area. The applicant wishes to build a single family
home; the date of acquisition used is 1988. Issues from the November 9
hearing concerned a setback from the stream and the road; a 100 -foot setback
may apply. This would be addressed during the land use process. The other
issue had to do with the claimant's attorney's questions regarding Section 6 of
the order; these changes have been made. (Mr. Pilliod then read Section 6 of
the order.)
Bruce White, attorney for the claimant, stated that the proposed changes are
better than the previous language, although he feels it is still not perfect; he
would prefer it not reference the State waiver.
No other testimony was offered, so Vice Chair Daly closed the hearing
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 3 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
7. Before the Board was a Hearing and Consideration of Signature of Order
No. 2005-109, regarding Measure 37 Claim No. M-37-05-50 (Applicant:
Vicki Atkinson).
Tom Anderson said this claim was filed on property located east of Sisters,
north of Highway 126 and Camp Polk Road. It is 40 acres, zoned F-2, and the
owner wishes to build a single family dwelling on it. The damage claim is for
$145,000. The property was acquired by Vicki and Charles Atkinson in 1981;
after a divorce, Ms. Atkinson was the sole owner. The rules were different in
1981.
A lot of record verification was requested in 1999, but was denied by staff and
the Hearings Officer upheld staff's denial. No final decision was reached, as
the application was withdrawn. This concerns a contract on property that was
not formally partitioned. The partition rules were established in 1977. The
Board needs to make two decisions in this order; one is the lot of record
verification, and the other is whether the waiver should be allowed.
Bob Lovlien, an attorney representing the claimant, stated they are aware of the
lot of record issue and plan to address it. They support the order as written.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
8. Before the Board was a Hearing and Consideration of Signature of Order
No. 2005-110, regarding Measure 37 Claim No. M-37-05-51 (Applicant:
Kennel).
Commissioner Luke disclosed that he has known the Kennels for a long time.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 4 of 8 Pages
The property is one of three owned by the Kennels that is located east of Bend,
south of Highway 20. The claim involves one of the parcels; it is 35 acres
zoned EFU. The claimants wish to subdivide the property into seven lots of
approximately five acres each.
The property was acquired through a sale contract in October 1974; the deed
was recorded in 1989. The date of interest would be 1974, and PL -5 was in
effect at that time, which would be used to determine if a subdivision would be
allowed. A waiver from the State would also be acquired. One letter of
opposition has been received.
Isa Taylor, an attorney representing the Kennels, said they have reviewed the
order and found it satisfactory except for one typo that gives the name Gardner
instead of Kennel. The legal description is correct.
No other testimony was offered.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
9. Before the Board was a Hearing and Consideration of Signature of Order
No. 2005-111, regarding Measure 37 Claim No. M-37-05-52 (Applicant:
Lewis).
Tom Anderson said the property is located in the Alfalfa area, past Johnson
Ranch Road on the north side of Willard Road. It is approximately 38 acres
zoned EFU. The owner wishes to subdivide it into six lots of four to seven
acres each. The amount of damage claimed is $635,000. The property was
acquired by deed in January 1977; in 2000 it was transferred into a revocable
trust but the date of acquisition holds. This falls within the time frame when
State rules were adopted. PL -5 was the governing document at that time, so a
State waiver would also be required.
Bob Lovlien, an attorney representing the owners, said they have no objections
to the proposed order.
No other testimony was offered.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 5 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
10. Before the Board was a Hearing and Consideration of Signature of Order
No. 2005-112, regarding Measure 37 Claim No. M-37-05-53 (Applicant:
Rastovich).
Commissioner Luke stated that he has known the claimants for a long time.
Tom Anderson said that the property is located on Rastovich Road, east of
Bend near Ward Road and Stevens Road. It is approximately 200 acres zoned
EFU. The claimants wish to subdivide into 59 lots of approximately three acres
each. There are five parcels involved in this claim; four were acquired by deed
in May 1957; the fifth was acquired by contract in April 1977. There were no
zoning laws in effect in 1957; the one parcel is covered by PL -5 and State laws
were in effect. They are all held in a revocable trust.
Bob Lovlien, attorney for the claimants, stated that there is no objection to the
order as written.
No other testimony was offered.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
11. Before the Board was Consideration of Signature of Resolution No. 2005-
146, Transferring Appropriations within the Deschutes County Juvenile
Community Justice Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 6 of 8 Pages
12. Before the Board was Consideration of Signature of Order No. 2005-146,
the Monthly Cash Transfer Order.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$375,661.62.
LUKE: Move approval, subject to review, and signature of one Commissioner
and County Administrator signature.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of 2,384.73.
LUKE: Move approval, subject to review, and signature of one Commissioner
and County Administrator signature.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 7 of 8 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $2,370.71.
LUKE: Move approval, subject to review, and signature of one Commissioner
and County Administrator signature.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Vice Chair votes yes.
16. ADDITION TO THE AGENDA
Before the Board was a Decision on a Candidate to Fulfill the Term of
Commissioner Position #3, through January 1, 2007.
Commissioner Luke stated that he has no additional comments since last week's
meeting. He added that nothing has happened to change his mind about his
choice of Bev Clarno; in fact, things have happened that reinforce his decision.
Commissioner Daly said that he has heard from many people on both sides, and
he hasn't changed his mind, either, about wanting Tammy Baney for the position.
This issue will be addressed once again at the Monday, December 12 Board
work session.
Being no further items addressed, the meeting adjourned at 11:20 a.m.
DATED this 5th Day of December 2005 for the Deschutes County Board
of Commissioners.
ATTEST:
IXW4-�— 6JAL�
Recording Secretary
Michae�1. Daly, Yice Chair
Dennis R. Luke, Commissioner
Minutes of Board of Commissioners' Meeting Monday, December 5, 2005
Page 8 of 8 Pages