2008-134-Minutes for Meeting February 11,2008 Recorded 3/13/2008COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKpS CJ 2008.134
COMMISSIONERS' JOURNAL
1„1,., oil MIN 03/13/2008 08:54:59 AM
2008-134
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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, FEBRUARY 11, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tammy Melton was out of the office. Also present were Erik Kropp, Deputy
County Administrator; David Givans, Internal Auditor; Scot Langton, Assessor;
Nancy Blankenship, County Clerk; Anna Johnson, Communications; Tom
Anderson and Kristen Maze, Community Development Department; Laurie
Craghead, Legal Counsel; and one other citizen. No representatives of the media
were present.
Chair Luke opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
The Board recognized Nancy Blankenship's five years of service to the County.
Ms. Blankenship explained how the primary election will work this year. There
may be an opportunity in the future for voters to vote across party lines,
depending on how the legislature addresses the issue. The ballot style will
change, which will end up costing counties more, primarily to allow for more
money to educate the public.
Citizen Tony Aceti came before the Board, and explained that he has a question
regarding a land use modification application in response to a Code
enforcement complaint.
Minutes of Board of Commissioners' Business Meeting Monday, February 11, 2008
Page 1 of 4 Pages
Laurie Craghead said that this could be considered ex parte contact if it does
come before the Board later, and would have to be disclosed as such. She said
that an appeal should be filed and the Board would then review the appeal, the
record and staff recommendations. This is the normal way to handle the appeal
process. She said that Mr. Aceti cannot directly ask the Board to call up an
appeal; an exception should not be made for one specific situation, as this could
set precedence.
Mr. Aceti said that he thought the Commissioners could talk with him and
perhaps give an administrative ruling. He understands that the Board can call
up an appeal.
Ms. Craghead stated that it would be best for her or for Community Development
staff to talk with Mr. Aceti separately to determine if this is a unique situation,
and whether it is appropriate for him to talk with the Board ex parte.
Commissioner Daly said that he spoke with Mr. Aceti last week, and feels that
the Hearings Officer's decision was flawed and that some mistakes were made.
He feels that the Commissioners should step in if a citizen is not getting correct
answers. Commissioner Luke stated that there is a process in place for this.
Ms. Craghead noted that Mr. Aceti would need to file an appeal and the Board
would then decide whether the appeal should be heard by the Board.
Mr. Aceti stated that he has paid numerous fees and in his opinion still can't get
a decision that isn't flawed. He would rather not have to pay for calling it up in
an appeal, and hopes that there can be an administrative ruling without going
through a formal appeal process.
Tom Anderson said there is already a decision by the Hearings Officer, which
can be appealed, or the Board can call it up on its own. The Board can review
the decision and choose whether to call it up on appeal. In this case, it had
already been called up for reconsideration before the Hearings Officer, but the
findings were not satisfactory to Mr. Aceti.
Commissioner Luke advised that Mr. Aceti should work with Community
Development, probably Catherine Morrow, about the avenues that are available
to him, rather than come to the Board direct. County Counsel cannot advise
him on the legal aspects since she represents the County.
Minutes of Board of Commissioners' Business Meeting Monday, February 11, 2008
Page 2 of 4 Pages
2. Before the Board was Consideration of Chair Signature of Document No.
2008-055, an Amendment Intergovernmental Agreement for the
Administration of the Drinking Water Program.
Tom Anderson explained that this involves inspections of small water systems
and large, private water systems. This amendment would expand the work
scope but also adds funding to run the program.
DALY: Move signature
LUKE: Chair votes yes.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Second Reading and Adoption, by
Emergency, of Ordinance No. 2008-008, Amending Code regarding Mini-
Storage Facilities in Rural Commercial Areas.
Kristen Maze explained that the only change from the first reading was the
addition of an emergency clause, with an effective date of March 1, 2008, as
instructed by the Board.
DALY: Move second reading, by title only, and declaring an emergency.
LUKE: Chair votes yes.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke did the second reading, also reading the clause regarding the
emergency nature of the adoption.
DALY: Move adoption.
LUKE: Chair votes yes.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board were Additions to the Agenda.
None was offered.
Minutes of Board of Commissioners' Business Meeting Monday, February 11, 2008
Page 3 of 4 Pages
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10:30 a. m.
DATED this 11th Day of February 2008 for the Deschutes County Board
of Commissioners.
Dennis R. Luke, Chair
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, February 11, 2008
Page 4 of 4 Pages
(I~v
Tammy (Baney) Melton, 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, FEBRUARY 11, 2008
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 Chair Signature of Document No. 2008-055, an
Amendment Intergovernmental Agreement for the Administration of the
Drinking Water Program - Tom Anderson, Community Development
3. CONSIDERATION of Second Reading and Adoption, by Emergency, of
Ordinance No. 2008-008, Amending Code regarding Mini-Storage Facilities in
Rural Commercial Areas - Kristen Maze, Community Development Department
4. 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 Monday, February 11, 2008
Page 1 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)
Monday, February 11, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 13, 2008
9:00 a.m. Meeting with Students at Redmond High School
10:00 a.m. Board of Commissioners' Meeting, at Redmond High School
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 14, 2008
11:30 a.m. EDCO (Economic Development for Central Oregon) Luncheon, Riverhouse
Convention Center, Bend
3:00 p.m. Regular Meeting of the Fair Board, Fair & Expo Center, Redmond
Monday, February 18, 2008
Most County offices will be closed to observe Presidents' Day
Tuesday, February 19, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
12:00 noon Regular Meeting of Board and Department Directors
Wednesday, February 20, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 21, 2008
1:30 p.m. Leadership Redmond
5:30 p.m. COBA (Central Oregon Builders Association) Annual Dinner, at Bend Senior Center
Board of Commissioners' Business Meeting Agenda Monday, February 11, 2008
Page 2 of 6 Pages
Monday, February 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Mondav. March 3. 2008
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, March 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday,
March 6, 2008
9:00 a.m.
Regular Department Update
- Mental Health
10:00 a.m.
Regular Department Update
- District Attorney
11:00 a.m.
Regular Department Update
- Community Development
1:30 p.m.
Regular Department Update
- Road Department
2:30 p.m.
Regular Department Update
- Clerk
Wednesday, March 12, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 13, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
21:00 p.m. Regular Department Update - Health Department
Board of Commissioners' Business Meeting Agenda Monday, February 11, 2008
Page 3 of 6 Pages
Monday, March 17, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 18, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 19, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
6:00 p.m. (Tentative) Public Hearing regarding South County Groundwater Issues, La Pine
High School
Thursday, March 20, 2008
10:00 a.m. Regular Department Update - Community Justice
11:00 a.m. Regular Department Update - Assessor
Monday, March 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 26, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 27, 2008
9:00 a.m. Regular Department Update - Fair & Expo
11:00 a.m. Regular Department Update - Commission on Children & Families
Monday, April 7, 2008
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)
Board of Commissioners' Business Meeting Agenda Monday, February 11, 2008
Page 4 of 6 Pages
Wednesday, April 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 10, 2008
12:00 noon Audit Committee Meeting
Tuesday, Apri115, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, April 16, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, Apri121, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
Wednesday, April 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 30, 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 Monday, February 11, 2008
Page 5 of 6 Pages
Monday, May 5, 2008
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, May 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday 8, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
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, February 11, 2008
Page 6 of 6 Pages
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