2008-898-Minutes for Meeting October 01,2008 Recorded 10/13/2008DESCHUTES COUNTY OFFICIAL RECORDS f~QQQ
NANCY BLANKENSHIP, COUNTY CLERK C} 2008-898
COMMISSIONERS' JOURNAL
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2008-898
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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
WEDNESDAY, OCTOBER 1, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy
Melton. Also present were Dave Kanner, County Administrator; Erik Kropp,
Deputy County Administrator; Laurie Craghead, Legal Counsel; Will Groves,
Kevin Harrison and Paul Blikstad, Community Development; Sarah Johnson and
Jim Winkle, Commission on Children & Families; media representative Hillary
Borrud of The Bulletin and a reporter from KTVZ television; and eight other
citizens.
Chair Luke opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Presentation on a Bond Measure regarding
Funding for Central Oregon Community College.
Ron Paradis, Director of Info, gave a presentation on the upcoming bond
measure, and the importance of supporting the college in tough economic times.
People need to be able to expand their knowledge and learn new ways to make
a living, and the college offers this important option. There are more applicants
than room for students in several fields, including nursing, where the demand
for qualified employees is good.
Commissioner Luke pointed out that existing bonds expire in the near future so
the tax burden will not be much different. Commissioner Daly added that this
is not just a Deschutes County concern, as the entire region is involved.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 1 of 9 Pages
MELTON: Support staff draft a Resolution in support of the bond measure.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Chair Signature of Document No.
2008-535, Award of a Grant from the Department of Justice, Office of
Violence against Women.
Sarah Johnson and Jim Winkle, the new project coordinator, came before the
Board. Ms. Johnson requested that the Board accept the grant award which is
for the supervised visitation program. This grant is highly competitive and only
two other entities have received these funds. Deschutes County has served the
largest number of clients. This will allow another 125 families to be assisted.
MELTON: Move Chair signature.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of Documents No. 2008-
536, a Decision on a Plan Amendment and Zone Change from Exclusive
Farm Use to Surfacing Mining (4-11 Equipment, Millican).
Paul Blikstad stated that staff and legal counsel have reviewed the current
application and made some minor changes since the last meeting. They are
comfortable supporting the document as is and recommend Board approval.
DALY: Move approval.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 2 of 9 Pages
5. Before the Board was Consideration of Signature of Order No. 2008-080, A
Decision on How To Hear A Comprehensive Plan Text and Map
Amendment and Zone Change From Surface Mining to Rural Residential
to Allow Redevelopment of an Extensively Mined Site. (Applicant: Daniels
Group LLC; File Nos.: ZC-08-1 And PA-08-1).
Will Groves said that the property is located in the Terrebonne area off NW
Lower Bridge Way. The applicant requested approval to change the
designation as the site is no longer used for mining purposes.
The Hearings Officer concluded that the proposal was not consistent with the
transportation plan. An appeal was filed and LUBA review requested de novo.
The land is predominately zoned mining, but about nine acres is designated
agriculture. This part has to be heard by the Board. The Board can decline to
hear, hear de novo or limited de novo on the mining portion. Staff recommends
the entire issue be heard de novo. The agricultural portion is not currently used
for that purpose. (Mr. Groves pointed out the various parts of the property.)
The nine acres is part of the same ownership but was never been mined. It has
not been used as farm ground and there is no irrigation.
Laurie Craghead said the issue is interpretation of a code provision. Code
indicates that if agricultural land is involved, the Board must hear de novo. The
applicant feels that it could be heard limited to just the issues raised in the
appeal. She disagrees and feels that it has to be heard de novo, not limited de
novo. The non-agricultural land could be heard de novo, limited de novo or just
on the record.
Mr. Groves stated that approval could impact the intersection of Lower Bridge
Way and the State Highway.
Commissioner Melton asked whether this would fit together with the current
comprehensive plan revamping. Ms. Craghead said that this particular type of
change has been done before and it is unlikely that it will be affected by any
changes to the comprehensive plan, other than the transportation planning rule.
Commissioner Luke said that it still comes down to individual applications and
it is not fair to ask people to put their plans on hold while government goes
through a long planning process. Ms. Craghead said that MUA-10 and RR-10
are not greatly different except for a few uses.
Commissioner Daly asked if any consideration has been given to the fact that
there have been hundreds of trucks going in and out of the site over the years,
and this traffic will have halted.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 3 of 9 Pages
Commissioner Luke feels that the agricultural land should be handled much
differently than the previous mined land. Mr. Groves said that the land has to
be predominately not high value farm land. The Hearings Officer said this
could be combined without negative impacts to the land. Ms. Craghead said
that if both are to be heard, they need to be heard together.
Commissioner Melton asked if the community will be allowed to weigh in on
whether the land should be MUA-10 or RR-10. Commissioner Luke said that
citizens will probably testify on this issue separately anyway.
Ms. Craghead stated that this is quasi judicial and ex parte contact is not
allowed. The comprehensive plan update meetings are legislative, and cannot
be considered so there is no reason to wait to decide when to hear this.
Kevin Harrison said that in regard to the interplay of the application and the
comprehensive plan amendments, the application has to be considered under the
current code and rules, so nothing discussed at upcoming comp plan hearings
can be considered. This property does not exist in the Terrebonne
unincorporated area anyway, and will not be included in discussions with
Terrebonne residents.
Commissioner Melton asked if the hearing should be held in the Redmond area.
Mr. Groves stated that the public interest is limited but intense. He believes
that most of the people who are interested have attended the pervious hearings
and would likely attend the hearing at the County.
DALY: Move that this issue be heard de novo.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
Commissioner Luke indicated that item #9 should be removed since the person
is no longer employed at St. Charles Medical Center. He also asked that item
#7 be removed, as he is not comfortable with this particular transfer of funds
and wants this issue to be discussed further. Commissioner Daly agreed.
MELTON: Move approval of the Consent Agenda, as amended.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 4 of 9 Pages
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
6. Signature of Document No. 2008-501, an Amendment to a Subgrant with High
Desert ESD for Ready-Set-Go Services
7. Signature of Resolution No. 2008-131, Transferring Appropriations in the
General Fund to Community Development
8. Signature of Document No. 2008-440, Amending a Site Sublease and Tower
Lease Agreement between RCC Atlantic and the Sheriff's Office regarding the
La Pine Facility
9. Signature of a Letter Appointing Jane Hanson to the Public Health Advisory
Board through December 31, 2011
10. Approval of Minutes:
• Business Meeting: July 23, August 25, September 10, September 24
• Work Session: September 17 and 22
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $8,034.85.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-H County Service District in the Amount of
$1,257.21.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 5 of 9 Pages
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County, in the Amount of $318,022.39.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
14. ADDITIONS TO THE AGENDA
Approval of Signature of a Letter Accepting the Resignation of from
the Public Health Advisory Board, and Thanking her for her Service.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Commissioner Luke stated that he is concerned about the housing market and
whether Community Development may need a subsidy in the future.
Mr. Kanner said that all of the funds for this year have been appropriated, and
some could be used from the general fund. This could be discussed further and
better defined in the spring as to where this funding should come from. The
requested funds are for long-range planning.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 6 of 9 Pages
Current planning deals with current applications and appeals, text amendments,
zone changes, conditional use permits and other land use issues that are time
sensitive. The long-range planning division does not deal with applications per
se; their primary work at this time is the comprehensive plan update. If this is
not subsidized, this work cannot continue.
Five planners are assigned to this division but all of the planners can work on
either long-range or current projects. The destination resort update, the high
ground water/local rule project and others are not driven by a specific time
frame. Given the reductions in Community Development, it is felt that current
planning is appropriately staffed. Any further cuts would have to come out of
long-range planning because the funding source for this is no longer viable.
The effect of eliminating two more positions would put the time frame of
completion of long-range planning would go from two years to four years.
Commissioner Luke pointed out that building fees cannot be used for long-
range planning; this was pushed by the builder community and is part of the
law. Without long-range planning you won't see development. It will take
longer when things finally turn around. He asked if some of the requested
transfer come out of the health benefits trust fund or the PERS fund. Both of
those funds have high reserves.
Mr. Kanner stated that part of the problem is that what they have contributed to
those funds is known, but it is not known what they have pulled out.
Commissioner Luke said they have had to pay premiums on employees that are
no longer there. He is asking that they not have to pay into it for employees
that were in the budget but are no longer there. He does not want to take out
funds but feels they should not have to pay anything further into the funds for
employees that are now gone.
Mr. Kanner stated that layoffs were primarily in the building division and
revenue from that division cannot be used to pay for planning. Commissioner
Luke said that he feels there is a way to shift funds around to do this.
Commissioner Daly suggested that this sets precedence for other departments.
Commissioner Luke said that they have not had to lay off people a long time.
He would rather use other reserve accounts to support shortfalls in the
department and not from the General Fund.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 7 of 9 Pages
Commissioner Daly asked if reducing the health benefits trust fund charges to
all departments across the board has been considered. Mr. Kanner replied that
this should be addressed in the next budget process. It is unknown who the
biggest user of the fund has been. The same is true of the PERS fund. He
pointed out that the fund originated with a general funds transfer of about
$700,000.
Commissioner Luke said that care has to be taken before reducing charges to
departments, as they will begin to count on those dollars and if there are a few
bad years in a row, they may be asked to contribute more and won't be prepared
for this. He stated that the reserve and claims are not even close to being
parallel.
Commissioner Melton said she feels it is important to support long-range
planning. The other Commissioners agreed. She said the second question is
how this will be funded. She would like Marty Wynne, the Finance Director, to
meet with the Board and discuss possible resources for this funding.
Commissioner Daly said that he does not want other departments to feel as if
their work is not as important. Commissioner Luke pointed out that they have
not yet faced major layoffs, although it is a possibility given the current
economy.
Terri Payne of Community Development will attend the 1:30 p.m. Board work
session to discuss how Planning Commissioners are selected and the overall
makeup of the group, and whether the current boundaries should be adjusted,
given changes in population and the addition of the new city, La Pine.
Being no further items to come before the Board, the meeting adjourned at
11:10 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 8 of 9 Pages
DATED this 1St Day of October 2008 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, i
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, October 1, 2008
Page 9 of 9 Pages
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, OCTOBER 1, 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 cards 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. A PRESENTATION on a Bond Measure regarding Funding for Central
Oregon Community College - Jim Middleton, COCC
3. CONSIDERATION of Chair Signature of Document No. 2008-535, Award
of a Grant from the Department of Justice, Office of Violence against Women
4. CONSIDERATION of Signature of Documents No. 2008-536, a Decision on
a Plan Amendment and Zone Change from Exclusive Farm Use to Surfacing
Mining (4-R Equipment, Millican) - Paul Blikstad, Community Development
Department
5. CONSIDERATION of Signature of Order No. 2008-080, A Decision on How
To Hear A Comprehensive Plan Text and Map Amendment and Zone Change
From Surface Mining to Rural Residential to Allow Redevelopment of an
Extensively Mined Site. (Applicant: Daniels Group LLC; File Nos.: ZC-08-1
And PA-08-1) - William Groves, Community Development
CONSENT AGENDA
6. Signature of Document No. 2008-501, an Amendment to a Subgrant with High
Desert ESD for Ready-Set-Go Services
Board of Commissioners' Business Meeting Agenda Wednesday, October 1, 2008
Page 1 of 6 Pages
7. Signature of Resolution No. 2008-131, Transferring Appropriations in the
General Fund to Community Development
8. Signature of Document No. 2008-440, Amending a Site Sublease and Tower
Lease Agreement between RCC Atlantic and the Sheriff's Office regarding the
La Pine Facility
9. Signature of a Letter Appointing Jane Hanson to the Public Health Advisory
Board through December 31, 2011
10. Approval of Minutes:
• Business Meeting: July 23, August 25, September 10, September 24
• Work Session: September 17 and 22
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. 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
12. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
14. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, October 1, 2008
Page 2 of 6 Pages
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)
Wednesday, October 1, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:00 p.m. Regular Meeting with La Pine City Counsel, La Pine Senior Center
Monday, October 6, 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, October 8, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 15, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 20, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 22, 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. Public Hearing regarding Proposed Event Venues Ordinance
Board of Commissioners' Business Meeting Agenda Wednesday, October 1, 2008
Page 3 of 6 Pages
Monday, October 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 29, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 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, November 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, November 6, 2008
8:00 a.m. Regular Meeting with Sisters City Council, Sisters City Hall
9:30 a.m. Regular Meeting with Judge Fadeley, Sisters
Monday, November 10, 2008
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, November 11, 2008
Most County offices will be closed to observe Veterans' Day
Wednesday, November 12, 2008
8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist)
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, October 1, 2008
Page 4 of 6 Pages
Thursday, November 13, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
Monday, November 17 through Friday November 21
Annual Association of Oregon Counties' Conference, Eugene
Monday, November 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, November 26, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, November 27, 2008
Most County offices will be closed to observe Thanksgiving.
Friday, November 28, 2008
Most County offices will be closed today (unpaid holiday)
Monday, December 1, 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, December 3, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 4 2008
10:00 a.m. Quarterly Update with District Attorney
11:00 a.m. Quarterly Update with Community Development Department
1:30 p.m. Quarterly Update with Road Department
Board of Commissioners' Business Meeting Agenda Wednesday, October 1, 2008
Page 5 of 6 Pages
Wednesday, December 10, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 11, 2008
10:00 a.m. Quarterly Update with Mental Health Department
11:00 a.m. Quarterly Update with Health Department
Monday, December 15, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 17, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 18, 2008
10:00 a.m. Quarterly Update with Community Justice
Monday, December 22, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 24, 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 Wednesday, October 1, 2008
Page 6 of 6 Pages