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2006-25-Minutes for Meeting January 04,2006 Recorded 1/5/2006DESCHUTES COUNTY OFFICIAL RECORDS 200~~25 NANCY BLANKENSHIP, COUNTY CLERK 1l~iJd J COMMISSIONERS' JOURNAL 01/05/2006 04:41:00 PM IIIIIIIII I'IIIIIIIIII'lll 111 2006-25 DESCHUTES COUNTY CLERK CERTIFICATE PAGE =C-1 0 This page must be included if document is re-recorded. Do Not remove from original document. ` -TES C 0 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 WEDNESDAY, JANUARY 4, 2006 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno. Also present were Mike Maier, County Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Nancy Blankenship, County Clerk; Greg Canfield, Mental Health Department; Susan Ross, Commissioners' Office; Tom Anderson, Catherine Morrow, Kevin Harrison and Paul Blikstad, Community Development Department; media representatives Barney Lerten of News Channel 21 and Chris Barker of The Bulletin; and six other citizens. Chair Dennis Luke 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 Chair Signature of a Notice of Intent to Award a Contract for Image Processing and Conversion Services for the Clerk and Community Development. Nancy Blankenship explained the reasons for the contract, which would provide services to the Clerk's Office and Community Development. The low responsive bid for the Clerk was AmCad and the lowest for Community Development was DataStor. Members of both departments reviewed the bids and the lowest price bid was selected. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 1 of 8 Pages Commissioner Daly asked if microfilm is old technology. Ms. Blankenship said that the State only allows two ways to retain documents long-term: the original paper document and microfilm. Tom Anderson added that electronic imaging is not recognized by State Archives as a permanent storage mechanism, even though that is how many documents are accessed. The only documents that Community Development will be microfilming are those that have a permanent retention period. They will start with the documents that are currently being stored in the County's building on Greenwood Avenue. Commissioner Luke stated that electronic media changes quickly over time and in the future it is unknown what the media will be like. CLARNO: Move signature of the notice of intent letter. DALY: Second. VOTE: CLARNO: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Letters Appointing Karinda Hedlund, Glenda Lantis and Bert Swift to the Deschutes County Mental Health, Alcohol and Drug Advisory Board, through December 31, 2008. Greg Canfield gave an overview of the item. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 4. Before the Board was Consideration of Approval of a .75 FTE Position to Provide Mental Health, Alcohol and Other Drug Screenings for the State through June 2007. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 2 of 8 Pages Greg Canfield explained that this is the self-sufficiency program. At the end of the last fiscal year the department had to do a layoff due to a lack of funding from the State. This funding has been restored. Commissioner Clarno expressed concern that the funding may not be permanent. Mr. Canfield said that no one seems to know when the State agency will be receiving additional funding. Mike Maier added that due to the large State deficit, the County may have to address additional funding problems. Commissioner Luke suggested that Mr. Canfield work with the County Administrator in resolving how to handle recruitment for this position. CLARNO: Move approval of a resolution to post and fill this position, subject to final approval from the County Administrator. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 5. Before the Board was a Public Hearing to Take Testimony on the County's Performance regarding the Crisis Resolution Center Project. Susan Ross said that this project has been completed and part of the close-out is this public hearing. The project was based on low bid; it came in about $40,000 over the bid amount, and came in late and there are still issues with the contractor regarding payment to subcontractors. The County has a claim against the contractor as well for under $10,000 total. The contractor may still owe the subcontractors and suppliers up to several hundred thousand dollars. Chair Luke opened the public hearing. Being no testimony offered, he closed the public hearing. 6. Before the Board was a Public Hearing and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2006- 001, Ordinance No. 2006-002 and Ordinance No. 2006-003, Delegation of Authority for Community Development Department Fee Waivers. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 3 of 8 Pages Tom Anderson gave an overview of the policy regarding fee waivers. The policy had criteria as to eligibility for waivers. This required a request of the Board each time fees were requested to be waived. The Board asked that ordinances be developed to be able to address this situation in a more expeditious and consistent manner. Laurie Craghead further explained how the ordinances are structured. Chair Luke opened the public hearing on Ordinance No. 2006-001, Ordinance No. 2006-002 and Ordinance No. 2006-003. Being no testimony offered, he closed the hearing. CLARNO: Move first and second readings of Ordinance No. 2006-001. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Chair Luke then conducted the first and second readings of Ordinance No. 2006-0019 by title only, declaring an emergency. CLARNO: Move approval of Ordinance No. 2006-001. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CLARNO: Move first and second readings of Ordinance No. 2006-002. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Chair Luke then conducted the first and second readings of Ordinance No. 2006-0025 by title only, declaring an emergency. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 4 of 8 Pages CLARNO: Move approval of Ordinance No. 2006-002. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CLARNO: Move first and second readings of Ordinance No. 2006-003. DALY: Second. VOTE: DALY: CLARNO LUKE: Yes. Aye. Chair votes yes. Chair Luke then conducted the first and second readings of Ordinance No. 2006-003, by title only, declaring an emergency. CLARNO: Move approval of Ordinance No. 2006-003. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 7. Before the Board was Consideration of Whether to Hear Two Appeals of the Hearings Officer's Decision on File No. CU-05-71, a Conditional Use Permit for a Type 3 Home Occupation in the EFU Zone (Applicant: Lundgren). Paul Blikstad indicated two appeals have been received; the application was prompted by a code enforcement matter. The Hearings Officer denied the request based solely on the criteria of how much area is allowed for a home occupation. The property was not completed at the time of the application. The shop had been built and the house was not yet completed when they started running the business from the site. One appeal is from the applicant, the other from the opponents. Staff feels the Board should hear it, but it would be hard to hear before the deadline of February 3. Mr. Blikstad added that he thinks they would be willing to waive the time since this affects the applicants' livelihood. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 5 of 8 Pages Laurie Craghead said that both parties have brought up different code interpretation issues and it might be worthwhile for the Board to hear it. Commissioner Daly indicated that there are obviously some questions so it should be heard. Commissioner Clarno said that she is not familiar with this issue yet and was not ready to make a motion. Commissioner Luke added that although he has reservations about the issue since the house was not occupied when the business began, he would be willing to hear it. DALY: Move that the Board hear this issue, subject to the applicant confirming in writing no later than 5:00 p.m. Monday, January 9, that they will extend the time period by sixty days. LUKE: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District. This week's vouchers will be addressed at next week's Board meeting. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. This week's vouchers will be addressed at next week's Board meeting. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 6 of 8 Pages This week's vouchers will be addressed at next week's Board meeting. 11. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Approval of Economic Development Grant Requests for: Volunteers in Medicine - $4,500 - Commissioners Clarno and Daly ($2,250 each) Education Foundation (School District Spelling Bee) - $500 - Commissioner Luke Commissioner Daly added that the Volunteers in Medicine grant is being matched 100% by Pahlisch Homes. B. Before the Board was Consideration of Approval of Order No. 2006-015, Revising Order No. 2005-115, regarding Timelines for the Christian Life Center Appeal. CLARNO: Move signature of the notice of intent letter. DALY: Second. VOTE: CLARNO: Yes. DALY: Yes. LUKE: Chair votes yes. C. Before the Board was Consideration of Approval of Order No. 2006-016, Amending Order No. 2005-143, Calling Up for Review of Hearings Officer's Decision on Thornburgh Resort Company LLC. Laurie Craghead explained that Legal Counsel received an e-mail extending the deadline for the Board to make a decision. This does not change the dates for the submission of additional testimony or rebuttal. The Board will have until February 1 for an oral decision, with a final written decision due by February 22 in the event the appeal is denied. If the Board approves, the applicant and staff will work on any conditions of approval and the applicant will write the findings and decision. Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 7 of 8 Pages Mark Pilliod reiterated the reasons for the Order. CLARNO: Move approval of Order No. 2006-016. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Nunzie Gould, a party in the issue, asked to speak. Chair Luke told her that she should speak instead with Legal Counsel first to make sure her statements can be heard by the Board. Laurie Craghead explained that the concern was not something the Board should hear, and she is not able to speak with Ms. Gould either since Ms. Gould is represented by counsel. Ms. Gould's counsel will need to contact Ms. Craghead, or Ms. Gould could speak with Community Development staff instead. Catherine Morrow confirmed the 67-page final argument has been received from the applicant. Staff will summarize the argument and provide the summary and argument pages to the Board. This information will also be posted on the County's website under the Commissioners' webpage. Being no further items addressed, the meeting adjourned at11:10 a. m. DATED this 4th Day of January 2006 for the s utes County Board of Commissioners. is R. ATTEST: Recording Secretary Be`v C"larno, Vice Chair Z I ~ V~", is ael M. Daly, Com 'ssioner Minutes of Board of Commissioners' Meeting Wednesday, January 4, 2006 Page 8 of 8 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., WEDNESDAY, JANUARY 4, 2006 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 Chair Signature of a Notice of Intent to Award a Contract for Image Processing and Conversion Services for the Clerk and Community Development - Nancy Blankenship, County Clerk 3. CONSIDERATION of Signature of Letters Appointing Karinda Hedlund, Glenda Lantis and Bert Swift to the Deschutes County Mental Health, Alcohol and Drug Advisory Board, through December 31, 2008 - Greg Canfield, Mental Health Department 4. CONSIDERATION of Approval of a.75 FTE Position to Provide Mental Health, Alcohol and Other Drug Screenings for the State through June 2007 - Greg Canfield, Mental Health Department 5. A PUBLIC HEARING to Take Testimony on the County's Performance regarding the Crisis Resolution Center Project - Susan Ross, Commissioners' Office Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 1 of 6 Pages 6. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2006-001, Ordinance No. 2006-002 and Ordinance No. 2006-003, Delegation of Authority for Community Development Department Fee Waivers - Tom Anderson, Community Development 7. CONSIDERATION of Whether to Hear Two Appeals of the Hearings Officer's Decision on File No. CU-05-71, a Conditional Use Permit for a Type 3 Home Occupation in the EFU Zone (Applicant: Lundgren) - Paul Blikstad, Community Development Department CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. 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 9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County. 11. ADDITIONS TO THE AGENDA Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 2 of 6 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, January 2, 2006 Most County offices will be closed to observe New Years Day. Tuesday, January 3, 2006 1:30 p.m. Administrative Liaison Wednesday, January 4, 2006 10:00 a.m. Board of Commissioners' Meeting 11:00 a.m. Work Session regarding Thornburgh Destination Resort Decision 3:00 p.m. Executive Session, called under ORS 192.660(1)(h), Pending or Threatened Litigation Thursday, January 5, 2006 8:00 a.m. Regular meeting with the Sisters City Council, in Sisters Monday, January 9, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Regular Meeting Tuesday, January 10, 2006 8:30 a.m. Regularly Scheduled Meeting with the Director of Mental Health 1:30 p.m. Regularly Scheduled Meeting with the Director of Information Technology 2:30 p.m. Regularly Scheduled Meeting with the Director of Community Development Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 3 of 6 Pages Wednesday, January 11, 2006 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, January 16, 2006 Most County offices will be closed to observe Martin Luther King, Jr. Day Tuesday, January 17, 2006 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center Monday, January 23, 2006 9:00 a.m. Regularly Scheduled Meeting with the District Attorney 10:00 a.m. Board of Commissioners' Work Session 12:00 noon Budget Orientation Meeting 2:00 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 Tuesday, January 24, 2006 5:30 p.m. Public Presentation on Jail Funding Proposal Wednesday, January 25, 2006 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 4 of 6 Pages Thursday, January 26, 2006 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall 10:30 a.m. Meeting with State Forester Monday, January 30, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Wednesday, February 1, 2006 10:00 a.m. Board of Commissioners' Meeting Monday, February 6, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Regular Meeting Wednesday, February 8, 2006 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, February 13, 2006 11:30 a.m. Regularly Scheduled Update Meeting with Department Heads 1:30 p.m. Administrative Liaison Monday, February 20, 2006 Most County offices will be closed to observe Martin Luther King, Jr. Day Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 5 of 6 Pages Tuesday, February 21, 2006 1:30 p.m. Administrative Liaison 3:30 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center Wednesday, February 22, 2006 9:00 a.m. Regular Meeting with the Director of Tax & Finance 1:45 p.m. Regularly Scheduled Meeting with the Director of the Parole & Probation Department, at Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Director of the Juvenile Community Justice Department, at Juvenile 3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriffs Office Monday, February 27, 2006 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 Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Meeting Agenda Wednesday, January 4, 2006 Page 6 of 6 Pages .,>-T ES ❑ c 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, JANUARY 4, 2006 A. APPROVAL of Economic Development Grant Requests for: • Volunteers in Medicine - $4,500 - Commissioners Clarno and Daly ($2,250 each) • Education Foundation (School District Spelling Bee) - $500 - Commissioner Luke B. CONSIDERATION of Approval of Order No. 2006-015, Revising Order No. 2005-115, regarding Timelines for the Christian Life Center Appeal - Laurie Craghead, Legal Counsel C. CONSIDERATION of Approval of Order No. 2006-016, Amending Order No. 2005-043, Calling Up for Review of Hearings Officer's Decision on Thornburgh Resort Company LLC - Mark Pilliod, Legal Counsel