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2007-1668-Minutes for Meeting November 07,2007 Recorded 12/4/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS CJ 2007-1668 COMMISSIONERS' JOURNAL 1210412007 09:24:30 AM 11111111111111111111111111111111 2007-1668 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes or MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 7, 2007 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; Paul Blikstad and Dee Van Donselaar, Community Development; Susan Ross, Property and Facilities; Kate Moore, Health Department; David Givans, Internal Auditor; David Inbody, Assistant to the County Administrator; Ken Hales, Community Justice; Mark Pilliod and Laurie Craghead, Legal Counsel; and seven other citizens. No representatives of the media were present. Chair Daly 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 Signature of Document No. 2007- 567, an Amendment to an Intergovernmental Agreement with the Oregon Department of Human Services regarding WIC and Family Planning Services. Kate Moore gave a brief overview of the item. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. IVIRIULUN of r3oara or commissioners' Business Meeting Wednesday, November 7, 2007 Page 1 of 14 Pages 3. Before the Board was Consideration of Chair Signature of Document No. 2007-568, a Job Access and Reverse Commute Grant Agreement. Judith Ure explained that this item has to do with pass-through funding from the State to Central Cascade for transportation services. Central Cascade will be matching the State funding. Commissioner Luke asked if the County has any liability if the provider does not perform. Ms. Ure stated that payment is made on a reimbursement basis and they will have to regularly report to the County. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2007- 558, an Intergovernmental Agreement with the Department of Revenue regarding the Production of Tax Maps. Bob Haas explained that this item relates to funding to go from the State to the County for the production of tax maps. The Assessor's Office will be handling this project. Commissioner Daly disclosed that he is on the ORMAP advisory committee. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2007- 559, an Intergovernmental Agreement with the Department of Revenue regarding the Production of Tax Maps (Deschutes and 5 Other Counties). LUKE: Move approval. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 2 of 14 Pages VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 6. Before the Board was Consideration of Chair Signature of Document No. 2007-554, a Contract Amendment to Allow Minor Adjustments and Closeout of the La Pine Senior Center Block Grant. Vivian Cooper and Frances Benzel of the La Pine Senior Center came before the Board. She said that the Center is working out well and serves many seniors. Susan Ross stated that this is a housekeeping item to close out the grant. The project was completed in 2006, and the total amount of the grant has not changed. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2007- 570, a Contract for Design Services for the Jail Expansion Project. This item has been delayed; no new date was set. Dave Kanner said that there is a concern about using the standard AIA form, and something may be developed by Legal Counsel that is more favorable to the County. Commissioner Baney expressed concern that the other bidders would not have an opportunity to participate in a revised contract. Mr. Kanner said that the proposed agreement was not shared with any of the architects. Therefore, they are on equal footing, and negotiations can take place with the top bidder as normally would occur. Mr. Kanner said that one bidder had volunteered information that was not requested. Mr. Kanner said that the contract and negotiations are between the County and the successful bidder and can be shared with the public only upon receipt of a request for public information. However, Commissioner Daly then disclosed that he has shared the contract information with another bidder. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 3 of 14 Pages Mr. Kanner said that when considering the cost per bed for what is needed - medium security beds - the numbers make sense. Commissioner Daly said to him, the number of beds divided by the cost is the bottom line. Mr. Kanner clarified that it is apples and oranges; you have to consider the type of beds. The architects cannot look at it without considering the types of beds needed, whether minimum, medium or maximum security. Commissioner Luke added that there would also be a courtroom in the facility, which impacts the formula. Commissioner Daly is not satisfied with the given price or experience level of the local architect. Mr. Kanner said that an unbiased third party has reviewed the estimate and is satisfied with it. Commissioner Baney has problems with the process since now information has been made available to the other bidders that perhaps they should not have received. But it is possible the result would be the same if the process was repeated. Commissioner Daly said that the process is now tainted. Commissioner Baney commented that it may now be tainted because of information he shared with another bidder. Commissioner Luke stated that the County has a right to negotiate with the winning bidder and the right to go to another bidder if an agreement cannot be reached. Commissioner Baney said that it appeared that all of the bidders were qualified. Mr. Kanner pointed out that it was clear that the selection of the firm was approved by the Board, and the ethical and legal way to handle the situation now is to negotiate a contract with the winning bidder to presenting it to the Board. Commissioner Daly wants to start the process over again and would want the members of the selection committee to have absolutely no relationship with the bidders. Commissioner Luke said that he has a problem with that opinion; the people on the committee were qualified to make the selection. The Board authorized staff to negotiate with the winning bidder, and to throw it out now creates a problem. You could end up with the same result. Commissioner Baney said that she was advised that staff was prepared to move forward with negotiations when they knew at the time they went before the Board that the amount to be charged was higher than disclosed to the Board. Commissioner Luke asked when the committee members might have known this. Mr. Kanner said they knew what one bidder was going to charge, as this information, although not requested, was provided, but the committee still did not know what the other bidders were going to charge. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 4 of 14 Pages Commissioner Baney stated that she was told that when the Board authorized going forward with negotiations, the Board did not know that the amount was already higher than what the other bidder said they would charge. Mr. Kanner said that some of the components on the bid that was quoted were not included. The fee proposed by the top bidder was all inclusive. It is unknown what the others would come up with, bottom-line. You cannot negotiate with two firms at the same time. Commissioner Daly said that one firm gave a percentage of the entire cost. Mr. Kanner said the bids were to state how they would determine their fee, not what they would charge. Commissioner Baney said that the qualifications were based on the companies that have built jails in the past. She wondered why the contract would be with the architect and not the company that has the experience. Mr. Kanner said that it is typical to team with a local architect and an Oregon stamp is required. Commissioner Baney asked if the County would have ownership of the documents. Mr. Kanner stated that both the County and the architect would have ownership. If the County changes the documents, the architect want to be clear of any liability for those changes. Commissioner Baney asked if a conversation could take place with Legal Counsel, since this is a confusing situation. Commissioner Daly added that he will still vote "no" on the project until the source of all of the funding for the jail project has been identified. 8. Before the Board was a Public Hearing on an Appeal of the Hearings Officer's Decision regarding a Tentative Plat for a Planned Unit Development (Applicant: F. Neil Chase). Commissioner Luke asked why a work session was not held on this item prior to now. Mr. Blikstad said that it was his understanding that the Board did not feel it was necessary in this situation. Chair Daly read the opening statement at this time. In regard to conflicts of interest, bias, prejudgment and ex parte contacts, none of the Commissioners had any to disclose. No challenges came from the audience. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 5 of 14 Pages Mr. Blikstad said that the Order to hear this appeal was approved by the Board on July 30, 2007. He then referred to an oversized map of the property and gave an overview of the history of the item. The property is zoned for a ten- acre minimum. It is surrounded by Eagle Crest properties but is not part of the development. Deschutes County and the State granted a Measure 37 waiver back to June 5, 1972. On that date three applicable land use regulations existed. The comprehensive plan was adopted 1970, as was PL-2; and PL-5 was adopted in 1971. The zoning map was not officially adopted until later in 1972. The Hearings Officer did find that under the State's waiver, the applicant was approved for an exception to Goal 14. There was no reference to Goal 11. None of the Goals were adopted until the mid-1970's. Mr. Blikstad said that staff believes the property was designated intensive agriculture; the only type of subdivision allowed is a rural subdivision. Under PL-2 the minimum lots size is five acres. There are other provisions under PL- 2 as well. The Hearings Officer also found that this does not meet the criteria of PL-5. It is ironic that in the comprehensive plan, reference is made to lands within a significant recreational area. The language in the comprehensive plan recognized this as a possible use because of Eagle Crest. Commissioner Luke asked what intensive agriculture means. This might have been intensive agriculture at the time but now most of the land is now Eagle Crest Resort. It probably would have been approved with the destination resort if it had been included at the time. On page 7 of 34 of the Hearings Officer's decision, she gave an explanation of intensive agriculture. Commissioner Luke said that this would require water be available to the property. He asked why a piece of property in the center of the resort was left out. Ms. Craghead said that to be a destination resort itself, it is too small. It could have been included at the time. Commissioner Luke asked about the possibility of annexing it. Ms. Craghead stated that the conceptual master plan of Eagle Crest would have to be amended. Commissioner Daly said that Mr. Chase owned the whole property at one time and held out this part for his own residence. The zoning map did not appear until later. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 6 of 14 Pages Chair Daly opened up the hearing for the applicant. Bob Lovlien, the attorney representing the applicant, explained that Mr. Chase is out of state and could not attend even though he wanted to be. Mr. Lovlien said he wouldn't argue this case except that he believes the County interpreted the comprehensive plan differently in the past. Two other properties were. This could have been utilized for a planned unit development, such as Tollgate and Crossroads. The records are hard to find but there were subsequent approvals of this type of subdivisions. In each of the first four descriptions, no references were made as to where they could be placed. There aren't a lot of the planned unit developments but there are several, including Black Butte Ranch and Ponderosa Pines, which are also located in forest lands. Intensive agriculture at the time identified class 1 and 2 soils, which this property does not have. It was, in fact, designated WA in 1978 or 1979. Eagle Crest would allow him to hook into the water system and would provide appropriate access. It is a unique piece of property and would not be developed to a very high density. The Association and developers feel one-acre lots would work well within Eagle Crest. This won't set precedence for a planned unit development due to its unique situation. The interpretation is a technicality and the County should be able to make an exception. Commissioner Luke asked about Cascade Meadow, which was approved as a planned unit development in the 1980's. Mr. Lovlien said that it was actually a cluster development, and required 65% open space. Commissioner Baney asked if on-site systems would be used. If not, is a Goal 11 exception necessary for them to hook into the system. Mr. Lovlien clarified that on-site systems would be used and that is one reason why the lots would be at least one acre each. Commissioner Luke asked how hard it would be to be annexed into the resort. Mr. Lovlien said that the overnight accommodation ratios could probably not be met. This also allows a lesser level of development, which was the desire. Commissioner Daly asked staff about planned unit developments that were developed at that time. Ms. Craghead said that some were not in intensive agricultural areas, but could have been approved prior to PL-2, which came into effect in 1970. The others were placed in forest zones. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 7 of 14 Pages Mr. Lovlien said that he was not able to find any that were built in agricultural zones. The comprehensive plan states that they are discouraged but not prohibited. The land is served only by a well, not irrigation, although the well is permitted for irrigation. Commissioner Luke said that intensive agriculture, to him, means areas like the Lower Bridge area. Eagle Crest Ranch could have been prior to development, but was not a highly productive farm. The soil types do not support intensive agriculture. Mr. Lovlien said the County recognized that it is not conducive to intensive agriculture, and PUDs were also allowed in forest lands, which were just as important. Ms. Craghead stated that thirty years ago it was viewed differently. Mr. Lovlien said that subsequent phases were allowed to be developed in the planned unit developments for several years afterwards. Commissioner Luke asked if the Board could approve this with the stipulation that they hook up into the sewer system. Mr. Lovlien said that the on-site systems would probably be more efficient. Mr. Blikstad said that Eagle Crest I is still handled by on-site systems. It would take an exception to Goal 11 to put in a sewer system of any kind at this time. Commissioner Baney asked whether they should act on precedent and prior approvals, or on the interpretation of zoning at that time. The question becomes whether this was in place at the time. Commissioner Luke said that there are very few pieces of ground that would fit into this situation, and no precedent would be set. Mr. Lovlien stated that when talking about planned unit developments, no differentiation was made in the zoning. In fact, PL-5 allowed the County to make exceptions. Chair Daly asked if any opponents wished to testify. None came forward. Commissioner Luke said that clearly this will not spoil the rural character of the area as it is within the development. It should not affect wildlife. This would be the highest and best use of the ground. It definitely cannot support intensive agriculture. There is a difference of opinion between the two attorneys. The ones cited were on forest ground and not agriculture. In the comprehensive plan, high quality farm ground and forest should deserve equal protection. If PUD's were allowed in intensive forestry, it appears that the same would have been allowed in intensive agriculture. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 8 of 14 Pages Ms. Craghead stated that there is nothing in the records to support this opinion. Mr. Blikstad added that he did some research on older subdivisions and did not see any evidence of denials of applications for PUD's in intensive agriculture areas. Commissioner Luke said the assumption could be made that none were applied for at the time. Ms. Craghead said there are provisions in PL-5 that allow exceptions, per Mr. Lovlien. She asked for clarification of his statement. Mr. Lovlien stated that on the bottom of page 15 of the decision, it has been addressed. Ms. Craghead said that the language specifically addresses planned unit developments. The comprehensive plan discourages this use but does not prohibit it. Commissioner Luke said the Hearings Officer listed 18 conditions in the event her denial was overruled. Mr. Lovlien stated that none of the conditions would be a problem for is client. Being no further testimony, Commissioner Daly closed the hearing at this time. LUKE: I appreciate the work of staff and the Hearings Officer. It's hard to know what the County was thinking in 1971. Then it was a very different place, and people could actually make a living off some of their farms. The applicant's argument regarding forest ground allowing some development and none in the record for agriculture shows that some were approved after 1972. This indicates that there would have been flexibility at the time. I would move to approve this, subject to the Hearings Officer's conditions as listed. Ms. Craghead asked which Code provision is being interpreted. LUKE: Some were approved on forest ground and apparently none were applied for and turned down on agricultural ground, so it appears the County would have approved those as well in 1972. The comprehensive plan says it discourages this, but does not prohibit it. There is no evidence that they would have disapproved those on agricultural ground. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 9 of 14 Pages BANEY: I agree that this is a very difficult decision. But I firmly believe that I can't base a decision on assumptions; the regulations were clear. We don't know what isn't there, but you can't assume what might have happened and base a decision on that. The findings are clearer than that. I feel the Hearings Officer was able to analyze this and come to a good conclusion. We can let LUBA determine this one. Therefore, I can't second the motion. Commissioner Luke asked if there was opposition testimony on this issue. Ms. Craghead said that the Hearings Officer only mentioned Central Oregon Land Watch weighing in on it. LUKE: The question is, who has standing in an appeal. No one else seems that interested or concerned. The community does not object to this. DALY: I feel that there is no question that this proposal is a good thing. It fits right in the area as it now exists. The word "discourages" being in the comprehensive plan, rather than "prohibited" gives us some leeway. I'm comparing this with what could have happened at the time, and will support overturning the Hearings Officer's decision. LUKE: Move that the Hearings Officer's decision be overturned, and that this application be approved, subject to the conditions listed by the Hearings Officer; and the claimant's attorney is to provide the draft of the decision to Legal Counsel. DALY: Second. VOTE: LUKE: Yes. BANEY: No. (Split vote) DALY: Chair votes yes. 9. Before the Board was Discussion and a Decision on an Appeal of the Hearings Officer's Denial of a Tentative Plat Application for a Residential Subdivision off 5th Street, Redmond (Applicant: Rencher). Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 10 of 14 Pages Dee Van Donselaar explained that the Board heard this on October 22 and kept the record open to receive information regarding a secondary access road. The applicant did submit revised plans showing the location of an emergency access. The Road Department has already commented. Ms. Craghead said that the revised decision has been completed to include this information. Commissioner Luke asked if the applicant has reviewed the decision. Ms. Craghead said the hearing has been closed, but the applicant's attorney has received a copy of the decision. Commissioner Baney asked if the emergency road will have to be paved even though it is not a County road; and if this has been required of all emergency access roads. Ms. Van Donselaar said there is no provision in road standards that allow a gravel road. Commissioner Luke asked if the applicant has any concerns about the decision. Ms. Craghead said this would be ex parte contact and an appeal could happen if an opponent objected. Commissioner Baney asked if the applicant knew, during the hearing, that it might have to be paved. Ms. Craghead replied that it was not known at the time. Commissioner Daly said that if it is gated and seldom used, gravel is a good option and he doesn't see why there is no flexibility in this regard. Ms. Van Donselaar stated that no options are given in Road Department standards for it to be other than paved, except in a partition, but not in subdivisions. Commissioner Luke clarified that previous gravel roads are grandfathered in but would not be allowed now. Commissioner Baney added that she was in support of the emergency access road but doesn't feel that gravel should always be disallowed, and that perhaps this requirement should be examined more closely. LUKE: Move approval of the decision, and if there is a conflict, the written decision will take precedence over the map. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 11 of 14 Pages Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Consent Agenda Item 10. Signature of Order No. 2007-159, Advancing Tax Levies to Certain Small Districts 11. Signature of Document No. 2007-565, an Intergovernmental Agreement with Crook County, Jefferson County and COIC regarding Participation on the Central Oregon Community Investment Board 12. Approval of Economic Development Grants (none were offered) 13. Approval of Minutes: • Business Meeting: October 31 • Work Session: October 31 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $16,097.43. LUKE: Move approval, subject to review. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 12 of 14 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $356.77. LUKE: Move approval, subject to review. BANEY: Second. VOTE: LUKE: BANEY DALY: Yes. Yes. Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $1,460,923.07. LUKE: Move approval, subject to review. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 17. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, Chair Daly adjourned the meeting at 12:05 p.m. Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 13 of 14 Pages DATED this 7th Day of November 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary D Tammy, a y, Com ssioner Minutes of Board of Commissioners' Business Meeting Wednesday, November 7, 2007 Page 14 of 14 Pages Dennis R. Luke, Vice Chair Introduction This is a hearing on an appeal of the Hearings Officer's decision on application no. TP- 07-992 (A-07-6). The applicant has requested approval of an 11-lot subdivision in the Multiple Use Agricultural zone, based on land use regulation waivers approved by the State of Oregon and Deschutes County. This application was previously considered by the County Hearings Officer after a public hearing held on May 1, 2007. Evidence and testimony were received at that hearing. This hearing is being conducted in accordance with the procedures established under Title 22 of the Deschutes County Code, and is being heard de novo before the Board. Burden of proof and Applicable criteria The applicant has the burden of proving that they are entitled to the land use approval sought. The standards applicable to the applications are listed on the copies of the Hearings Officer's decision located at the table next to the entrance to this hearing room. Failure on the part of any person to raise an issue, with sufficient specificity to afford the Board of County Commissioners and parties to this proceeding an opportunity to respond to the issue precludes, appeal to the Land Use Board of Appeals on that issue. Additionally, failure of the applicant to raise constitutional or other issues relating to the proposed conditions of approval with sufficient specificity to allow the Board to respond to the issue precludes an action for damages in circuit court. Hearings Procedure The procedures applicable to this hearing provide that the Board of County Commissioners will hear testimony, receive evidence and consider the testimony, evidence and information submitted into the record, and will be the basis for their decision. The record as developed to this point is available for public review at this hearing and placed before the Board. Order of Presentation The hearing will be conducted in the following order. The staff will give a staff r2mr, the prior proceedings and the issues raised by the applicant/appellant. The appli .cant will then have an opportunity to make a presentation and offer testimony and evidence. Proponents of the appeal will then be given a chance to testify. When all other proponents have testified, o one will then be given a chance to testify and present evidence. After both proponents and opponents have testified, the applicant will be allowed to present r I testimony, but may not present new evidence. At the Board's discretion, if the applican presented new evidence on rebuttal, opponents may be recognized for a rebuttal presentation. At the conclusion of this hearing, the staff will be afforded an opportunity to make any closing comments. The Board may limit the time period for presentations. Cross-examination of witnesses will not be allowed. A witness who wishes, during that witness' testimony, however, to ask a question of a previous witness may direct the question to the Chair. If a person has already testified but wishes to ask a question of a a subsequent witness, that person may also direct the question to the Chair after all other witnesses have testified, but prior to the proponent's rebuttal. The Chair is free to decide whether or not to ask such questions of the witness. Continuances: The grant of a continuance or record extension shall be at the discretion of the Board. If the Board grants a continuance, it shall continue the public hearing to a date certain at least seven days from the date of this hearing or leave the written record open for at least seven days for additional written evidence. If at the conclusion of the hearing the Board leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days for submittal of new written evidence or testimony and at least seven additional days for response to the evidence received while the record was held open. Written evidence or testimony submitted during the period the record is held open shall be limited to evidence or testimony that rebuts previously submitted evidence or testimony. If the hearing is continued or the record left open, the applicant shall also be allowed at least seven days after the record is closed to all other parties to submit final written arguments but no new evidence in support of the application. Pre-hearing Contacts Biases Conflicts of Interests Do any of the Commissioners have any ex-parte contacts, prior hearing observations, biases, or conflicts of interest to declare? If so, please state the nature and extent of those. Does any party wish to challenge any Commissioner based on ex-parte contacts, biases or conflicts of interest? (Hearing no challenges, I shall proceed.) Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 7, 2007 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, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up card provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Signature of Document No. 2007-567, an Amendment to an Intergovernmental Agreement with the Oregon Department of Human Services regarding WIC and Family Planning Services - Kate Moore, Health Department 3. CONSIDERATION of Chair Signature of Document No. 2007-568, a Job Access and Reverse Commute Grant Agreement - Judith Ure, Administrative Services 4. CONSIDERATION of Signature of Document No. 2007-558, an Intergovernmental Agreement with the Department of Revenue regarding the Production of Tax Maps (Deschutes County) - Bob Haas, Information Technology 5. CONSIDERATION of Signature of Document No. 2007-559, an Intergovernmental Agreement with the Department of Revenue regarding the Production of Tax Maps (Deschutes and 5 Other Counties) - Bob Haas, Information Technology Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 1 of 8 Pages 6. CONSIDERATION of Chair Signature of Document No. 2007-554, a Contract Amendment to Allow Minor Adjustments and Closeout of the La Pine Senior Center Block Grant - Susan Ross, Property and Facilities 7. CONSIDERATION of Signature of Document No. 2007-570, a Contract for Design Services for the Jail Expansion Project - Susan Ross, Property and Facilities 8. A PUBLIC HEARING on an Appeal of the Hearings Officer's Decision regarding a Tentative Plat for a Planned Unit Development (Applicant: F. Neil Chase) - Paul Blikstad, Community Development 9. A DECISION on an Appeal of the Hearings Officer's Denial of a Tentative Plat Application for a Residential Subdivision off 5 h Street, Redmond (Applicant: Rencher) - Dee Van Donselaar, Community Development CONSENT AGENDA 10. Signature of Order No. 2007-159, Advancing Tax Levies to Certain Small Districts 11. Signature of Document No. 2007-565, an Intergovernmental Agreement with Crook County, Jefferson County and COIC regarding Participation on the Central Oregon Community Investment Board 12. Approval of Economic Development Grants 13. Approval of Minutes: • Business Meeting: October 31 • Work Session: October 31 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 2 of 8 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 17. 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. 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, November 5, 2007 10:00 a.m. Board Land Use Meeting 1:00 P.M. Opening Ceremony - New Sunriver/Highway 97 Interchange - Great Hall, Sunriver 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 3 of 8 Pages Wednesday, November 7 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, November 8, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 10:00 a.m. Public Hearing on Sporalsky Measure 37 Appeal 1:00 P.M. Work Session regarding Potential Land Trade of County Property for Department of State Lands Property (South Redmond Tract) Friday, November 9, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council Monday, November 12, 2007 Most County offices will be closed to observe Veterans' Day. Tuesday, November 13 through Friday November 16, 2007 Association of Oregon Counties' Conference Monday, November 19, 2007 12:00 noon Regular Meeting with Department Heads (at Solid Waste Dept. - Knott Landfill) 1:00 P.M. Ribbon Cutting Ceremony - New Knott Landfill Facility 1:30 p.m. Administrative Work Session for the week - could include executive session(s) - at Solid Waste Dept. Tuesday, November 20, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee 2:00 p.m. Budget Committee Meeting Thursday, November 22, 2007 Most County offices will be closed to observe Thanksgiving. Friday, November 23, 2007 Most County offices will be closed (unpaid day offi. Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 4 of 8 Pages Monday, November 26, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:00 p.m. Public Hearing - Amateur Radio Tower Ordinance Wednesday, November 28, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, November 27, 2007 12:00 noon Regular Meeting of the Audit Committee 3:00 p.m. Meeting with Mental Health Director and ABHA Representative Wednesday. November 28, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 4:30 p.m. Bend Chamber Business After Hours at New Knott Landfill Facility Monday, December 3, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, December 5 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 6, 2007 10:00 a.m. District Attorney Update 11:00 a.m. Community Development Department Update 1:30 p.m. Road Department Update Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 5 of 8 Pages Wednesday, December 12, 2007 10:00 a.m. Board of Commissioners' Meeting for the week 1:30 p.m. Administrative Work Session for the week - could include executive session(s) Thursday, December 13, 2007 1:00 P.M. Health Department Update 2:00 p.m. Mental Health Department Update Monday, December 17, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, December 18, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, December 19 2007 10:00 a.m. Board of Commissioners' Meeting for the week 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 20, 2007 9:00 a.m. Fair & Expo Department Update 10:00 a.m. Juvenile Department Update 1:30 p.m. Sheriffs Office Update, at Sheriffs Office Tuesday, December 25, 2007 Most County offices will be closed to observe Christmas Day. Thursday, December 27, 2007 4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 6 of 8 Pages Monday, December 31, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 1, 2008 Most County offices will be closed to observe New Years' Day. Wednesday. January 2 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 7, 2008 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, January 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 10, 2008 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers Monday, January 14, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, January 16, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 7 of 8 Pages Thursday, January 17, 2008 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council Monday, January 21, 2008 Most County offices will be closed to observe Martin Luther King Jr. Day Wednesday, January 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 29, 2008 1:00 P.M. Commission on Children & Families' Update Wednesday, January 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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. tsoara or Lommissioners' Business Meeting Agenda Wednesday, November 7, 2007 Page 8 of 8 Pages