2008-12-Minutes for Meeting December 05,2007 Recorded 1/7/2008DESCHUTES COUNTY OFFICIAL RECORDS 2008~~2
NANCY BLANKENSHIP, COUNTY CLERK CJ U
COMMISSIONERS' JOURNAL 0110712008 03;49;43 PM
IIIIIIIIII~IIIIIIIIIII III III
2008-12
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Deschutes County Clerk
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LU
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
WEDNESDAY, DECEMBER 5, 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; Erik Kropp, Deputy
County Administrator; Susan Ross and Teresa Rozic, Property and Facilities;
George Kolb and Tom Blust, Road Department; David Givans, Internal Auditor;
Catherine Morrow and Peter Russell, Community Development; Joe Studer,
County Forester; Mark Pilliod and Laurie Craghead, Legal Counsel; and five
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-
604, a License Agreement with Deschutes Recycling, LLC.
Timm Schimke explained how recycling efforts are currently handled,
including the uses, locations and rules. The recycling firm is allowed to operate
at little or no cost so that material can be diverted from the landfill. The term is
seven years and rolls over each year. The license needs to be amended to
reflect the new area where operations will take place. The new license will also
make some other adjustments that have been made over the years.
BANEY: Move signature
LUKE: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 1 of 10 Pages
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
3. Before the Board was Consideration of Signature of Resolution No. 2007-
141, Declaring Certain Personal Property Surplus and Directing
Disposition.
Teresa Rozic stated that this is a manufactured structure that was never intended
as a residence. The County cannot use the building and it has been determined
the best way to handle its disposition is to donate it to a nonprofit agency that
has a location to site it.
Commissioner Luke asked if all agencies are aware of this. Ms. Rozic said that
it has been noticed and advertised, and one response was received. The La Pine
Community Kitchen has requested receipt of the structure. Ms. Rozic feels this
is an ideal situation as they need the space, have their own land and have a
proposed use. The agency serves between 40 and 60 meals a day, five days a
week, and it is open to all in the community.
Commissioner Baney asked if moving the structure has been arranged. Ms.
Rozic stated that the County always intended to move the building as it had to
be removed from its present site. She anticipates the cost would be probably
around $5,000. She will get bids for this work.
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-
605, an Acceptance Deed for a Right-of-Way for a Portion of Yew Avenue.
George Kolb said that this road has sporadically been dedicated but the status of
this particular portion is unclear. The original description has been modified to
clarify the issue.
LUKE: Move approval.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 2 of 10 Pages
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2007-
580, a Memorandum of Understanding with RMG Development (Hidden
Canyon Resort) regarding Road Improvement.
Peter Russell gave an overview of the item. The agreement is based upon a
traffic study and other factors. Commissioner Luke asked if the number of
dwellings listed includes the hotel or short-term housing. Laurie Craghead
stated that this is based on staff recommendation of how many dwelling units
are built within a specific period of time. It would not matter if it was overnight
lodging or a full-time residence as it is based on the number of dwelling units.
Commissioner Baney asked if this can be more clearly indicated in the
document.
Commissioner Luke asked what happens if they don't deposit the money. Mr.
Russell stated that Crook County would have to enforce it. Commissioner Luke
noted that Crook County did not have to consider Deschutes County's road
situation but did so in good faith. He would like a letter written to Crook
County Commissioners thanking them for this.
LUKE: Move approval.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
6. Before the Board was Consideration of Signature of Document No. 2007-
606, a Written Decision on File #TP-06-992, a Tentative Plat for an 11-Lot
Subdivision in the MUA-10 Zone (Applicant: Chase).
Paul Blikstad stated that the decision was drafted initially by Bob Lovlien, the
attorney for the applicant. The Board gave oral approval of the decision. Ms.
Craghead stated that some minor changes were made and Mr. Lovlien has had
an opportunity to review it.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 3 of 10 Pages
BANEY: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
BANEY: No. (Split vote.)
DALY: Chair votes yes.
7. Before the Board was Discussion of Jail Construction Contracting Method.
Dave Kanner stated that Commissioner Daly asked this be added to the agenda.
Staff is seeking direction as to which method to use. Staff recommends CMGC,
which requires advertising and documents to prepare as soon as possible.
Commissioner Baney asked what the public hearing would address. Mr.
Kanner stated that it a public hearing is required to use an alternative
contracting method. This will enable the process to move forward.
Commissioner Baney asked what the process would be if this method is
utilized, i.e. bidding the subcontractors. Mr. Kanner said that if this method is
used, the resultant contract would require that subcontracts be bid out. A
request for proposals is issues and it then becomes a matter of combining
qualification, pricing and materials. There is a pre-construction fee. The
architect would need to work with the contractor in this regard. CMGC fees run
approximately 5% or 6% as a profit margin; there is a guaranteed maximum
price.
Commissioner Baney asked what the selection process would be. Mr. Kanner
said a proposal review committee would be convened, including himself and an
architect; he would also like the Sheriff to be on the committee. The group then
brings findings to the Board.
Commissioner Luke stated that the County jail also serves the cities, and he
would like to have one or more Police Chief on the committee and perhaps a
member of each city council.
Mr. Kanner said that the Board would need to vote on the contracting method to
be used. Commissioner Daly asked why a public hearing isn't held first. Mr.
Kanner said there is a lot of preparatory work to be done before the public
hearing. If after the public hearing the Board does not want to use this method,
it can be changed. Commissioner Daly stated that perhaps the public hearing
would bring up some testimony that might change a Commissioner's mind.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 4 of 10 Pages
Commissioner Baney said she would prefer to move forward and does not feel
that changing directions would be a problem if it comes to that after the hearing.
Mr. Kanner pointed out that if the CMGC method is not used, there would be
no requirement for a hearing.
Commissioner Daly said his mind is open on the CMGC method but is a firm
believer on the low bid process. He feels there is a perception that this is too
rushed and mistakes will be made.
LUKE: Move to direct staff to prepare the paperwork and schedule a hearing
on the CMGC method.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes no. (Split vote.)
LUKE: Move approval of the consent agenda
BANEY: Second.
VOTE: LUKE:
BANEY
DALY:
CONSENT AGENDA
Yes.
Yes.
Chair votes yes.
8. Approval of Minutes:
• Business Meetings: November 26 and 28
• Work Sessions: November 26 and 28
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of 3,461.71.
BANEY: Move approval, subject to review.
LUKE: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 5 of 10 Pages
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,575.67.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $712,001.74.
BANEY: Move approval, subject to review.
LUKE: Second. I ask that the "add" from yesterday be included in the
minutes.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
12. ADDITIONS TO THE AGENDA
Mark Pilliod said that the LCDC (Land Conservation and Development
Commission) is holding a hearing tomorrow to consider a proposed rule dealing
with the administration and implementation of how Measure 49 will be handled
by the State.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 6 of 10 Pages
There was also a suggestion made by the interim director that the agency might
consider either taking action or inserting itself made in decisions made by local
jurisdictions on the common law vesting issue. The Board has discussed how
the County would handle these decisions on existing developers with Measure
37 claims, with permits outstanding, with the understanding that DLCD
(Department of Land Conservation and Development) would not insert itself in
this process.
Some counties would prefer the decisions be made on the local level, with
notification to the DLCD. Other jurisdictions would prefer DLCD to render the
decisions entirely, allowing the counties to step back. This is in part based on
this recommendation from Clackamas County that DLCD is considering it.
Mr. Pilliod would like to have some direction from the Board as to whether
support Clackamas County's decision or to follow an approach that allows the
County to make the decision locally.
Commissioner Daly prefers these decisions be made locally. Commissioner
Luke said that many of the Measure 37 issues before the Board have been
controversial. He feels that if there is an argument regarding vesting, there
could be a challenge. He asked how many there might be.
Mr. Pilliod stated that there are about 30-35 applications at some level. Many
are at a preliminary stage and may not qualify as vested. Others might be more
favorable under Measure 49 than under Measure 37. So there could be perhaps
ten to address. Clackamas County has a great many more to decide.
Commissioner Luke noted that at some point the courts will have to determine
vesting. He would prefer the State foot the legal bill as the decision will come
from there anyway. Mr. Pilliod said that it is unsure if the legal costs can be
avoided as how the State will handle this is still unknown.
Mr. Pilliod added that it is his opinion that perhaps the majority of the counties
would prefer DLCD insert itself in the decision-making process. Commissioner
Baney asked which would be the cleanest for Deschutes County, and which
might be the least expensive. Mr. Pilliod said that it is hard, given no case
authority, to make a decision adverse to the property owner. The principal of
common law vesting will be based on each case.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 7 of 10 Pages
There is a risk of lawsuit for damages. If DLCD makes the decision and the
County does not, conceivably the State is on the hook for the risk. Some
counties would like to stay out of the line of fire. Commissioner Baney said
that perhaps if the State made the decisions they might be more consistent than
having counties make them at a local level. Mr. Pilliod added that local politics
would also play a lesser role.
Commissioner Luke observed that counties interpreted and implemented
Measure 37 at different levels. Uniformity and allowing the State to take on the
liability has merit. The State may also be able to get something through the
legislature to clarify the issue more quickly than the counties might.
Mr. Pilliod asked for the authority to represent the County's stance on this issue
one way or the other. There is a deadline for making a presentation. He was
unclear if there were set options, but an opinion may be requested. The
question is whether DLCD would take responsibility for the common law
vesting part of the bill.
Commissioner Baney said that she feels ultimately the State will have to make
this determination anyway. However, she believes in local decision-making but
this will ultimately end up at a higher court anyway.
Mr. Pilliod said he did not plan on attending the meeting or present anything
personally, but a letter can be drafted stating the Board's wishes.
Catherine Morrow noted that Tom Anderson, Kevin Harrison and she all
support the concept of the State taking on the vesting determination of local
claims. As of tomorrow no further applications for building permits or other
documents will be taken in by Community Development on properties involved
in Measure 49 cases until this issue is clarified. Mr. Pilliod said that the process
could be slow and could be difficult for some of the claimants who have already
begun the process. Litigation could result.
Commissioner Baney asked if the County can opt out later if the concept is not
acceptable later. Mr. Pilliod said that he can come back to the Board in this
case. Commissioner Luke asked if LCDC adopts it, is there a choice. Mr.
Pilliod stated that the counties may be able to handle the decision-making
process, depending on what is decided.
Mr. Kanner said that the State can't contradict Statute, so it remains a local
decision unless the legislature puts something into place in this regard. Mr.
Pilliod said the statute is silent on who makes the decision.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 8 of 10 Pages
Commissioner Daly stated that he prefers that no action be taken now until
more is known. Many counties want more control over land use issues.
Commissioner Luke observed that there is no clear direction in the law as to
what vesting is. It will be determined by the courts or the legislature.
It will be expensive to go through the court system. If the law was specific or
gave adequate guidance on vesting it might be a different situation. Mr. Pilliod
said vesting has been addressed in several court decisions but still can be
interpreted in different ways.
Commissioner Baney feels that Mr. Pilliod should attend. This will also help
him to gauge the conversation and perhaps know when to weigh in.
Commissioner Luke said he disagrees that this could be under local control;
however, it will ultimately end up a decision by a higher court. Removing the
counties from this may make it move to a final resolution sooner.
LUKE: Move that Legal Counsel participate in this presentation, and
communicate the County's support of the concept regarding the
proposition that DLCD take responsibility for the local
determination on vesting issues under Measure 49; subject to the
County retaining the right to withdraw support of this concept if
appropriate.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:25 a. m.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 9 of 10 Pages
DATED this 28th Day of November 2007 for the Deschutes County
Board of Commissioners.
ATTEST:
&qtx~ (~9~
Recording Secretary
Dehnis R. Luke, Vice Chair
my Baney, Commissi er
Minutes of Board of Commissioners' Business Meeting Wednesday, December 5, 2007
Page 10 of 10 Pages
C { 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, DECEMBER 5, 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. 2007-604, a License
Agreement with Deschutes Recycling, LLC - Timm Schimke, Solid Waste
Department
3. CONSIDERATION of Signature of Resolution No. 2007-141, Declaring
Certain Personal Property Surplus and Directing Disposition - Teresa Rozic,
Property & Facilities
4. CONSIDERATION of Signature of Document No. 2007-605, an Acceptance
Deed for a Right-of-Way for a Portion of Yew Avenue - George Kolb, Road
Department
5. CONSIDERATION of Signature of Document No. 2007-580, a
Memorandum of Understanding with RMG Development (Hidden Canyon
Resort) regarding Road Improvements - Peter Russell, Community
Development
6. CONSIDERATION of Signature of Document No. 2007-606, a Written
Decision on File #TP-06-992, a Tentative Plat for an 11-Lot Subdivision in the
MUA-10 Zone (Applicant: Chase) - Paul Blikstad, Community Development
Board of Commissioners' Business Meeting Agenda Wednesday, December 5, 2007
Page 1 of 6 Pages
7. DISCUSSION of Jail Construction Contracting Method - Dave Kanner,
County Administrator
CONSENT AGENDA
8. Approval of Minutes:
• Business Meetings: November 26 and 28
• Work Sessions: November 26 and 28
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 Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of 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' Business Meeting Agenda Wednesday, December 5, 2007
Page 2 of 6 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. If you have questions
regarding a meeting, please call 388-6572)
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)
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)
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)
Board of Commissioners' Business Meeting Agenda Wednesday, December 5, 2007
Page 3 of 6 Pages
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)
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)
5:30 p.m. Joint Work Session with the City of Bend Council, at City Hall
Wednesday, January 9, 2008
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 Wednesday, December 5, 2007
Page 4 of 6 Pages
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
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
Board of Commissioners' Business Meeting Agenda Wednesday, December 5, 2007
Page 5 of 6 Pages
Wednesday, January 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:30 p.m. (Tentative) Meeting with DEQ and DLCD regarding South County Groundwater
Issues
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.
tsoarcl of Commissioners' Business Meeting Agenda Wednesday, December 5, 2007
Page 6 of 6 Pages