2007-1689-Minutes for Meeting November 26,2007 Recorded 12/18/2007COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKDS Q 2007.1689
COMMISSIONERS' JOURNAL
12/1812047 10;25;46 AM
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2007-1889
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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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 26, 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 Erik Kropp, Deputy County Administrator; Tom Anderson, Terri
Payne, Paul Blikstad, Anthony Raguine and Chris Bedsaul, Community
Development; Laurie Craghead, Legal Counsel; and five other citizens.
Chair Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
The Commissioners introduced Erik Kropp, the newly hired Deputy County
Administrator.
2. Before the Board was Consideration of Signature of Document No. 2007-
563, an Intergovernmental Agreement with Jefferson County for Deschutes
County to Provide Building Inspection Services.
Tom Anderson explained that Deschutes County has provided these services to
Jefferson County for a long time on an as-needed basis.
LUKE: Move signature.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
iviinuies or tsoara of commissioners' Business Meeting Monday, November 26, 2007
Page 1 of 5 Pages
3. Before the Board was a Public Hearing on Ordinance No. 2007-025, a
Comprehensive Plan Map Amendment to Change an Agriculture
Designation to a Rural Residential Exception Area (Applicant: Smith-
Pagel).
Chair Daly read the opening statement for Ordinances No. 2007-025 and No.
2007-026. (A copy is attached.)
4. Before the Board was a Public Hearing on Ordinance No. 2007-026, a Zone
Change from Exclusive Farm Use to Multiple Use Agricultural (Applicant:
Smith-Pagel).
In regard to pre-hearing contacts, bias and conflicts of interest, none of the
Commissioners had any to disclose.
No challenges were offered.
Chris Bedsaul referred to an oversized map of the subject property, and gave an
overview of his staff report relating to the application. There have been no
appeals to the Hearings Officer's decision. He explained permitted access is
through BLM land off Cline Falls Road.
Steve Hultberg of Ball Janik, representing the applicants, confirmed the
information provided in the staff report and pointed out that the Hearings
Officer approved the request. The Pagels are not planning to develop the
property at this time but will go through the normal process should that occur.
There was no other testimony either for or against the Ordinances.
Laurie Craghead said that if the Hearings Officer's decision is to be supported,
the Board would conduct the first reading of the two Ordinances.
BANEY: Move adoption of the Hearings Officer's findings and decision, and
first reading of Ordinances No. 2007-025 and No. 2007-026.
LUKE: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
Chair Daly conducted the first reading at this time. The second reading and
consideration of adoption of both Ordinances will take place on December 12,
2007.
Minutes of Board of Commissioners' Business Meeting Monday, November 26, 2007
Page 2 of 5 Pages
5. Before the Board was Consideration of First Reading of Ordinance No.
2007-027, Adopting the Hearings Officer's Decision regarding a Zone
Change from Surface Mining to Urban Area Reserve (Applicant: Coats).
Chris Bedsaul explained the item to the Board. The property has never been
mined and it is not economical to do so.
Commissioner Luke disclosed that he has known the Coats family for a long
time. Commissioner Daly said that he also has known them for years and has
bought product from them in the past.
LUKE: Move first reading of Ordinance No. 2007-027.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
Chair Daly conducted the first reading at this time. The second reading and
consideration of adoption of both Ordinances will take place on December 12,
2007.
6. Before the Board was Consideration of Second Reading and Adoption of
Ordinance No. 2007-005, Changes to the Destination Resort Code.
Terri Payne gave a brief overview of the item.
LUKE: Move second reading by title only of Ordinance No. 2007-005.
DALY: Second.
VOTE: LUKE: Yes.
BANEY: No. (Split vote.)
DALY: Chair votes yes.
LUKE: Move adoption of Ordinance No. 2007-005.
DALY: Second.
VOTE: LUKE: Yes.
BANEY: No. (Split vote.)
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, November 26, 2007
Page 3 of 5 Pages
7. Before the Board was Consideration of Signature of Document No. 2007-
569, an Improvement Agreement for Phase II of the Tetherow Crossing
Destination Resort.
Anthony Raguine explained the document, and said that bond number 735599S
needs to be added to the document.
LUKE: Move approval of this addition.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
Laurie Craghead said this is a development of a tract that was in Phase I but is
now in Phase II. The bonding amount is at 120% of the estimated amount.
LUKE: Move approval.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
8. Before the Board was Consideration of Whether to Hear Appeals of the
Hearings Officer's Decision on an Electric Transmission Line Upgrade for
Pacific Power, near Redmond (File #CU-07-30 & File #SP 07-24).
Commissioner Luke said that apparently there was an administrative decision
and mailing done on this and no comments were received. He said that if
someone doesn't take part during this period of time, normally a person could
not appeal it at a later date since they would not have standing.
Paul Blikstad stated they appealed within the time period allowed. However,
since they are over the 150 days, it doesn't fit into the deadline. Pacific Power
specifically declined to extend the time frame. The primary opponents are the
proposed developer of the water park, which would be within the city limits of
Redmond. There is also an application being handled by the City of Redmond
for an adjacent section. Staff feels this has been approved twice and should not
be heard again.
Minutes of Board of Commissioners' Business Meeting Monday, November 26, 2007
Page 4 of 5 Pages
Commissioner Baney said she would not support hearing the appeals, based not
on the clock but on the findings.
LUKE: Move that the Board not hear these appeals.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
9. Before the Board were Additions to the Agenda.
None were offered.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 10:50 a. m.
DATED this 26th Day of November 2007 for the Deschutes County
Board of Commissioners.
ATTEST:
(Fm~ Gk&~,-
Recording Secretary
Tammy Baney, Com issioner
Minutes of Board of Commissioners' Business Meeting Monday, November 26, 2007
Page 5 of 5 Pages
Dennis R. Luke, Vice Chair
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., MONDAY, NOVEMBER 26, 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. 2007-563, an
Intergovernmental Agreement with Jefferson County for Deschutes County to
Provide Building Inspection Services - Tom Anderson, Community
Development
3. A PUBLIC HEARING on Ordinance No. 2007-025, a Comprehensive Plan
Map Amendment to Change an Agriculture Designation to a Rural Residential
Exception Area (Applicant: Smith-Pagel) - Chris Bedsaul, Community
Development Department
4. A PUBLIC HEARING on Ordinance No. 2007-026, a Zone Change from
Exclusive Farm Use to Multiple Use Agricultural (Applicant: Smith-Pagel) -
Chris Bedsaul, Community Development Department
5. CONSIDERATION of First Reading of Ordinance No. 2007-027, Adopting
the Hearings Officer's Decision regarding a Zone Change from Surface Mining
to Urban Area Reserve (Applicant: Coats) - Chris Bedsaul, Community
Development Department
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 1 of 6 Pages
6. CONSIDERATION of Second Reading and Adoption of Ordinance No.
2007-005, Changes to the Destination Resort Code - Terri Payne, Community
Development
7. CONSIDERATION of Signature of Document No. 2007-569, an
Improvement Agreement for Phase II of the Tetherow Crossing Destination
Resort - Laurie Craghead, Legal Counsel
8. CONSIDERATION of Whether to Hear Appeals of the Hearings Officer's
Decision on an Electric Transmission Line Upgrade for Pacific Power, near
Redmond (File #CU-07-30 & File #SP 07-24) - Paul Blikstad, Community
Development Department
9. 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)
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 ofd.
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
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 2 of 6 Pages
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)
Tuesday, December 4, 2007
9:30 a.m. Interviews - Commission on Children & Families' Board Vacancy
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
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)
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 3 of 6 Pages
Thursday, December 13, 2007
1:00 P.M. Mental Health Department Update
2:00 p.m. Health Department Update
Monday, December 17, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session - could include executive session(s)
4:30 p.m. Joint Work Session with the City of Bend Council, at City Hall
Tuesday, December 18, 2007
9:00 a.m. Signing Ceremony - East-West Community Fire Plan
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, December 19, 2007
11:00 a.m. Oregon Youth Challenge Graduation Ceremony - Fair & Expo Center
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. Sheriff's 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
Monday, December 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 4 of 6 Pages
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)
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
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 5 of 6 Pages
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.
Board of Commissioners' Business Meeting Agenda Monday, November 26, 2007
Page 6 of 6 Pages