2010-2880-Minutes for Meeting September 08,2010 Recorded 9/28/2010DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
RECORDS
CLERK Vd V
091281201010;23;50 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
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, SEPTEMBER 8, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger.
Also present were Dave Kanner, County Administrator, Erik Kropp, Deputy
County Administrator; Laurie Craghead, County Counsel; Tom Anderson,
Anthony Raguine, Kevin Harrison, Nick Lelack and Will Groves, Community
Development; Planning Commissioner Christen Brown and former Planning
Commissioner Keith Cyrus; and twelve other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Commissioner Luke presented Nick Lelack with a very special Oregon Beavers
hat.
Keith Cyrus and Christen Brown came before the Board, and Mr. Cyrus was
present a plaque and thanked for his eight years of service on the Planning
Commission. Commissioner Unger noted that it is challenging to be on such a
committee since you cannot make everyone happy with decisions, but Mr.
Cyrus' knowledge and hard work is very much appreciated. Mr. Brown added
that on behalf of the other members of the Commission, the balance Mr. Cyrus
has been able to add has been invaluable.
Mr. Cyrus stated that residents need to be involved so they can make a
difference. The people who have been in the area for years need to remain
active in the process because they know the history of the area and the laws.
This helps to keep decisions on an even keel. There are serious local and
national issues that need to be addressed on an ongoing basis, and citizen
involvement is important.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 1 of 6 Pages
2. Before the Board was Consideration of Board Signature of Document No.
2010-289, Amending an Improvement Agreement for Overnight
Accommodations at the Tetherow Destination Resort.
Anthony Raguine gave a brief overview of the item. A one-year extension has
been requested by the new owners of the property. Laurie Craghead said there
are many interests at this time and a variety of stakeholders. The overnight
lodging was originally backed by a bond, then by a letter of credit. The
property was eventually foreclosed on, but the letter of credit is still in place.
The new owners have refused to sign the agreement until the letter of credit
holder, Wells Fargo, supports an extension for a year. The agreement appears
to allow for the extension, but the owners would like something that that they
feel is more specific. There is also a threat of litigation if the letter of credit is
called on prior to the building of the overnight lodging.
The simplest way to handle the situation is to allow for the extension of a year
so that the parties can work out the details. If the Board does not approve this
amendment, the agreement would be out of compliance and the County could
enforce the provisions of the original agreement. This would halt any
construction in progress.
Commissioner Luke said that the parties need to get their house in order before
he would agree to an extension. Ms. Craghead stated that the extension was
requested long ago before the property changed hands, and would simplify the
situation.
Commissioner Baney said it appears that they are entitled to the extension, but
if the parties can't work it out, what would happen. Ms. Craghead replied that
the agreement would be void and the County could start calling on the letter of
credit. The agreement runs with the property. If the parties do not agree on
where to go from that point, nothing will be lost.
Mr. Raguine said that the original request for an extension was in March, but
the parties were working on foreclosure, financing and ownership issues and the
extension is just now ready to be considered by the Board. However, it needs to
be enacted prior to September 23.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 2 of 6 Pages
Commissioner Baney said that she can't imagine that the real estate market will
be any better by this time next year, so whoever the owner might be needs to
keep that in mind. The County cannot be responsible for market conditions or
the situation regarding the property. Ms. Craghead stated they all want the
overnight lodging built, as they feel it will benefit the golf course and other
amenities, but the question is how to handle the financing part of it.
BANEY: Move approval of Document No. 2010-289.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes no. (Split vote)
3. Before the Board was Consideration of First and Second Readings, and
Adoption by Emergency, of Ordinance No 2010-029, a Text Amendment
relating to Requirements for Industrial Uses in the La Pine Industrial
District.
UNGER: Move first and second readings by title only.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke conducted the first and second readings of the Ordinance, by title
only.
UNGER: Move adoption of Ordinance No. 2010-029.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
UNGER: Move approval of the Consent Agenda.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 3 of 6 Pages
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
4. Signature of Order 2010-049, Accepting the Petition and Setting a Date for a
Public Hearing on the Annexation of Property into the La Pine Rural Fire
Protection District
5. Approval of Minutes:
• Business Meeting of September 1
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
6. Before the Board was Consideration of Signature of Letters Appointing
Jim Wilson and Ron Angell to the Sunriver Service District Managing
Board, through August 31, 2013.
UNGER: Move signature.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District in the Amount of
$1499836.19.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 4 of 6 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,553.90.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,217,599.25.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
10. Before the Board was Consideration of Additions to the Agenda.
Dave Kanner said the Employment Relations Board will be conducting the vote
tally on the Deputy District Attorney's attempt to unionize. They have
requested that a County representative be present at that time in case there are
any legal issues to resolve. However, it is a very straightforward yes or no vote
ballot.
Commissioner Baney asked if there is an opportunity to do video conferencing
rather than having someone drive five hours to watch over the counting of 16
votes.
BANEY: Move County Counsel or Counsel's designee be authorized to attend
the meeting and to resolve any legal issues related to the County.
UNGER: Yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 5 of 6 Pages
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
The meeting adjourned at 10:45 a.m.
DATED this Day of 2010 for the
Deschutes County Board of Commissioners.
D nis R. Luke, Chair
a~~ U,4t~~
Alan Unger, Vice Chair
ATTEST: ne:>~
Tammy aney, Co issioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, September 8, 2010
Page 6 of 6 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, SEPTEMBER 8, 2010
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. CONSIDERATION of Board Signature of Document No. 2010-289,
Amending an Improvement Agreement for Overnight Accommodations at the
Tetherow Destination Resort - Anthony Raguine, Community Development
Suggested Motion: Approval of Document No. 2010-289.
3. CONSIDERATION of First and Second Readings, and Adoption by
Emergency, of Ordinance No 2010-029, a Text Amendment relating to
Requirements for Industrial Uses in the La Pine Industrial District - William
Groves, Community Development
Suggested Motion: Move first and second readings and adoption, by
emergency, of Ordinance No. 2010-029.
CONSENT AGENDA
4. Signature of Order 2010-049, Accepting the Petition and Setting a Date for a
Public Hearing on the Annexation of Property into the La Pine Rural Fire
Protection District
Board of Commissioners' Business Meeting Agenda Wednesday, September 8, 2010
Page 1 of 5 Pages
5. Approval of Minutes:
. Business Meeting of September 2
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
6. CONSIDERATION of Signature of Letters Appointing Jim Wilson and Ron
Angell to the Sunriver Service District Managing Board, through August 31,
2013
CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE
DISTRICT
7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 911 County Service District.
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County.
10. 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, September 8, 2010
Page 2 of 5 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, September 6
Most County offices will be closed to observe Labor Day
Wednesday, September 8
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 9
7:00 a.m. Regular Meeting with Redmond City Council - Redmond Council Chambers
11:00 a.m. Regular Update with Health and Human Services
3:00 p.m. COACT Meeting - COIC, Redmond
WednesdU, September 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 16
9:00 a.m. Regular Update with the County Clerk
10:00 a.m. Regular Update with Community Justice
Monday, September 20
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
2:30 p.m. Public Affairs Counsel Planning Session (conference call)
Board of Commissioners' Business Meeting Agenda Wednesday, September 8, 2010
Page 3 of 5 Pages
Monday, September 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 30
9:00 a.m. Regular Update with the Fair & Expo Manager
10:00 a.m. Regular Update with the Assessor
Monday, October 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, October 5
9:00 a.m. Quarterly Meeting with Commission on Children & Families
Wednesday, October 6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 7
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Monday, October 13
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, September 8, 2010
Page 4 of 5 Pages
Monday, October 18
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 20
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 27
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, September 8, 2010
Page 5 of 5 Pages