2006-889-Minutes for Meeting July 05,2006 Recorded 9/11/2006DESCHUTES COUNTY OFFICIAL RECORDS CJ 20-889
NANCY BLANKENSHIP, COUNTY CLERK
uiniuuiiu 09/11/2006 04:10:55 PM
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C 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, JULY 5, 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 Paul Blikstad, Catherine Morrow and Tom Anderson,
Community Development Department; Sue Brewster, Sheriff's Office' Tom Blust
and George Kolb, Road Department; Laurie Craghead, Legal Counsel; Tom Fay,
Manager of Rural Fire Protection District No. 2; media representatives Barney
Lerten of News Channel 21 and Keith Chu of The Bulletin; and two other citizens.
Chair Luke opened the meeting at 10: 00 a. m.
The Board recognized George Kolb's fifteen years of service to the County.
1. ADJUSTMENTS TO THE AGENDA
Dave Kanner explained that he feels this is a good opportunity to make any
adjustments to the agenda, as they are currently set up.
2. CITIZEN INPUT
None was offered.
3. Before the Board was a Public Hearing, and Consideration of Signature of
Order No. 2006-099, Approving the Formation of a Countywide Law
Enforcement District (District 1), and Setting a Final Hearing for August 2,
2006.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 1 of 7 Pages
Sue Brewster stated that this is the second opportunity to attempt to pass this
District.
Chair Luke opened the public hearing. Being no testimony offered, he closed
the hearing.
CLARNO: Move approval.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
4. Before the Board was a Public Hearing, and Consideration of Signature of
Order No. 2006-100, Approving the Formation of a Rural Law
Enforcement District (District 1), and Setting a Final Hearing for August 2,
2006.
Chair Luke opened the public hearing. Being no testimony offered, he closed
the hearing.
CLARNO: Move approval.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of Order No. 206-104,
Declaring the Intention to Create Manzanita Lane Local Improvement
District, Accepting the Engineer's Feasibility Report, Setting the Hearing
for Remonstrance, and Authorizing Notice of Hearing.
George Kolb said this sets the hearing for August 2.
CLARNO: Move approval.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 2 of 7 Pages
6. Before the Board was Consideration of Signature of Resolution No. 2006-
049, Declaring a Suspension on the Establishment of New County Roads.
Tom Blust explained that the original Resolution needed to be changed to
address several issues relating to developments and local improvement districts
that are already in progress. Those that come in after this Resolution is adopted
might not be included in the road maintenance process.
Dave Kanner asked if there is a typical unit cost, perhaps by linear foot, for road
maintenance. Mr. Blust indicated it could be approximately $10,000 - $12,000
per mile for the life of the road, including paving, chip seals, snow plowing and
other maintenance until such time in the future that the road has to be
reconstructed. Typically three or four miles of local improvement district roads
are added per year; it is hard to determine development roads since there hasn't
been much new development until recently. Because of the increasing number
of people coming into the area, there has been a lot more interest in creating
local improvement district roads.
Chair Luke asked if anyone wanted to testify on this issue. No comments were
offered.
CLARNO: Move approval.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
7. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2006-096, Approving the Brizee Annexation into Deschutes
County Rural Fire Protection District #2.
Laurie Craghead stated the map and legal description have been adjusted as
required by the Department of Revenue. The property is located off Tumalo
Reservoir Road.
Chair Luke opened the public hearing at this time.
Tom Fay, Manager of the District, stated that many of the properties in the area
are already in the District, so it makes sense to include this one.
Being no further testimony, Chair Luke then closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 3 of 7 Pages
CLARNO: Move approval.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
8. Before the Board was a Decision Whether to Hear an Appeal of the
Hearings Officer's Denial of a Conditional Use Permit for a Type 3 Home
Occupation in the EFU Zone (Applicant: Capasso).
Paul Blikstad gave a brief overview of the item. The Lundgren matter was
previously heard and was denied by the Board because the property was not ten
acres in size and because the property consisted of two separate lots.
This is type 3 home occupation application regarding 14 acres, with three trucks
stored on the property in a garage/shop structure. The Hearings Officer found
that the garage/shop structure was not built for residential use, but specifically
for the home occupation. Laurie Craghead added that the building has to be
part of the residential use.
Paul Blikstad confirmed that it wasn't built for farm use and no permit was
obtained. The Hearings Officer denied the application because the home
occupation was not conducted within the structure, but primarily outside. It
does not meet the 35% home occupation limitation. It also involves the parking
and maintenance of trucks in the open.
Commissioner Luke stated that the Hearings Officer seems to be raising
questions that perhaps should be part of the County policy. He said he feels this
situation needs to be clarified.
Ms. Craghead said that she agrees with most of the Hearings Officer's decision,
but that it would be a good idea to get the Board's interpretation.
Mr. Blikstad stated that the applicant requested the clock be restarted for the
150 days, as they do want to clear this up.
Commissioner Daly said that he was involved in instigating changes in the
home occupation ordinance, and this application and use is exactly what was
contemplated at the time. It is unfortunate that the County didn't get it cleared
enough, and that the Board needs to clear up these policy issues.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 4 of 7 Pages
DALY: Move that we hear this appeal de novo.
CLARNO: Second.
Commissioner Luke explained that it would be helpful to have Community
Development and Legal staff work out a list of policy questions that need to be
addressed in this regard. He indicated he would like to have a work session
with staff prior to holding the hearing. He added he would not want the public
hearing prior to September to allow adequate time to work on the issues.
Tom Anderson replied that the Community Development work plan already
includes an objective of reviewing the home occupation rules, including some
issues that came up in this file. Ms. Craghead noted that September might be
too close to the 150-day time limit; it can't be delayed until code revisions are
made.
An order accepting review will be drafted.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $5,020.31.
CLARNO: Move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $99.43.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 5 of 7 Pages
CLARNO: Move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,077,702.25.
CLARNO: Move approval, subject to review.
DALY: Second.
VOTE: DALY:
CLARNO
LUKE:
Yes.
Aye.
Chair votes yes.
11. ADDITION TO THE AGENDA
Before the Board was Consideration of Signature of an Oregon Liquor
Control License application for Twin Lakes Resort.
DALY: Move approval.
CLARNO: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
Being no further discussion or items coming before the Board, the meeting
adjourned at 10:40 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 6 of 7 Pages
DATED this 5th Day of July 2006 for the Deschutes County Board of
Commissioners.
54-
R. Luke, Chair
Bev Cfarno, Vice Chair
041
01.0r,z1,A.e 4,~~l
ATTEST: Mic ael M. Daly, Co issioner
ecording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, July 5, 2006
Page 7 of 7 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, JULY 5, 2006
Commissioners' Hearing Room - Administration Building
1300 NW Wall St., Bend
1. ADJUSTMENTS TO THE AGENDA
Items to be removed from the agenda, those that need to be delayed, etc.
2. 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.
3. A PUBLIC HEARING, and Consideration of Signature of Order No. 2006-
099, Approving the Formation of a Countywide Law Enforcement District
(District 1), and Setting a Final Hearing for August 2, 2006 - Sue Brewster,
Sheriff's Office
4. A PUBLIC HEARING, and Consideration of Signature of Order No. 2006-
100, Approving the Formation of a Rural Law Enforcement District (District 1),
and Setting a Final Hearing for August 2, 2006 - Sue Brewster, Sheriff's Office
5. CONSIDERATION of Signature of Order No. 206-104, Declaring the
Intention to Create Manzanita Lane Local Improvement District, Accepting the
Engineer's Feasibility Report, Setting the Hearing for Remonstrance, and
Authorizing Notice of Hearing - Michael Barta, Road Department
6. CONSIDERATION of Signature of Resolution No. 2006-049, Declaring a
Suspension on the Establishment of New County Roads - Tom Blust, Road
Department
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 1 of 7 Pages
7. A PUBLIC HEARING (continued from June 12 and June 26) and
Consideration of Signature of Order No. 2006-096, Approving the Brizee
Annexation into Deschutes County Rural Fire Protection District #2 - Laurie
Craghead, Legal Counsel
8. A DECISION Whether to Hear an Appeal of the Hearings Officer's Denial of a
Conditional Use Permit for a Type 3 Home Occupation in the EFU Zone
(Applicant: Capasso) - Paul Blikstad, Community Development Department
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District.
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County.
12. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 2 of 7 Pages
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have
questions regarding a meeting, please call 388-6572.)
Monday, July 3, 2006
Many County offices will be closed today (unpaid holiday)
Tuesday, July 4, 2006
Most County offices will be closed in observance of Independence Day
Wednesday 5, 2006
10:00 a.m. Board Meeting for the Week
1:30 p.m. Administrative Liaison
Thursday 6, 2006
8:00 a.m. Regularly Scheduled Meeting with the Sisters City Council, Sisters City Hall
10:00 a.m. Work Session regarding Redmond Urban Growth Boundary Expansion
12:00 noon Regular Meeting of the Audit Committee
Tuesday 11, 2006
7:00 a.m. Meeting of Home Rule Charter Committee
8:30 a.m. Regularly Scheduled Meeting with the Director of Community Development
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Director of Information Technology
6:00 p.m. Urban Growth Boundary Hearing with Redmond City Council, in Redmond
Wednesday, July 12, 2006
10:00 a.m. Board of Commissioners' Meeting for the Week
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
2:45 p.m. Regularly Scheduled Meeting with the Director of the Health Department
3:30 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 3 of 7 Pages
Thursday, July 13, 2006
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall
3:00 p.m. Regularly Scheduled Meeting of the Fair Board, at the Fair & Expo Office
Monday 17, 2006
1:30 p.m. Administrative Liaison
Tuesday 18, 2006
7:00 a.m. Meeting of Home Rule Charter Committee
11:00 a.m. Regularly Scheduled Meeting of Employee Benefits Advisory Committee
3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center
Monday, July 24, 2006
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
Tuesday, July 25, 2006
7:00 a.m. Meeting of Home Rule Charter Committee
Wednesday, July 26, 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
3:45 p.m. Regularly Scheduled Meeting with the Sheriff
Monday, July 31, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 4 of 7 Pages
Tuesday, August 1, 2006
7:00 a.m. Meeting of Home Rule Charter Committee (tentative - may not need to meet)
Wednesday, August 3, 2006
10:00 a.m. Board of Commissioners' Meeting
Monday, Aup-ust 7, 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, August 9, 2006
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist, at Road
1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department, at Road
2:45 p.m. Regularly Scheduled Meeting with the Director of the Health Department, at Health
3:30 p.m. Regularly Scheduled Meeting with the Director of Mental Health, at Mental Health
Thursday, August 10, 2006
3:00 p.m. Regularly Scheduled Meeting of the Fair Board, at the Fair & Expo Office
Monday, August 14, 2006
12 noon Regular Meeting of Board and Department Heads
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Director of Community Development
Tuesday, August 15, 2006
11:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center
Monday, August 21, 2006
10:00 a.m. Board of Commissioners' Work Session
1:30 p.m. Administrative Liaison
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 5 of 7 Pages
Wednesday, August 23, 2006
9:00 a.m. Regularly Scheduled Update with the Director of Finance/Tax
10:00 a.m. Board of Commissioners' Meeting
1:45 p.m. Regularly Scheduled Meeting with the Director of Parole & Probation, at P & P
2:45 p.m. Regularly Schedule Meeting with the Director of" Juvenile Community Justice, at Juvenile
3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriffs Office
Monday, August 28, 2006
10:00 a.m. Board Work Session
1:30 p.m. Administrative Liaison
3:30 p.m. Regularly Scheduled Meeting with the Commission on Children & Families
Wednesday, August 30, 2006
10:00 a.m. Board of Commissioners' Meeting
Monday, September 4, 2006
Most County offices will be closed in observance of Labor Day.
Tuesday, September 5, 2006
1:30 p.m. Administrative Liaison
Wednesday, September 6, 2006
10:00 a.m. Board of Commissioners' Meeting for the Week
Monday, September 11, 2006
10:00 a.m. Board Work Session
1:30 p.m. Administrative Liaison
Tuesday, September 12, 2006
2:30 p.m. Regularly Scheduled Meeting with the Director of Community Development
Board of Commissioners' Meeting Agenda Wednesday, July 5, 2006
Page 6 of 7 Pages
Wednesday, September 13, 2006
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 the Solid Waste Department
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, September 14, 2006
11:00 a.m. Regular Meeting of the Audit Committee
Mondn, September 18, 2006
1:30 p.m. Administrative Liaison
Tuesday, September 19, 2006
11:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center
Monday, September 25, 2006
10:00 a.m. Board of Commissioners' Meeting
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, September 27, 2006
9:00 a.m. Regularly Scheduled Update with the Director of Finance/Tax
10:00 a.m. Board of Commissioners' Meeting
1:45 p.m. Regularly Scheduled Meeting with Parole & Probation
3:45 p.m. Regularly Scheduled Meeting with the Sheriff
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, July 5, 2006
Page 7 of 7 Pages