2011-2943-Minutes for Meeting June 08,2011 Recorded 7/7/2011RECORD NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS vd 201101943
COMMISSIONERS' JOURNAL 07/071201108:30:20 QM
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2011-2943
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Deschutes County Clerk
Certificate Page
1i
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, JUNE 8, 2011
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Anthony DeBone and Alan Unger; Commissioner
Tammy Baney was out of the office. Also present were Dave Kanner, County
Administrator; Erik Kropp, Deputy County Administrator; Tom Anderson and Nick
Lelack, Community Development; George Kolb, Road Department; Lt. Shelton and
Capt. Edwards, Sheriffs Office; and about a dozen other citizens including
members of Oregon Youth Authority.
Vice Chair DeBone opened the meeting at 10:01 a.m.
1. Before the Board was Citizen Input.
Tony Aceti spoke about the proposed Deschutes Junction Community Plan, and
asked that the Board could delay the second reading that has been scheduled for
next week. He feels it is too vague at this point.
Commissioner Unger asked that his comments be submitted in writing so the
concerns or challenges can be reviewed.
Commissioners Unger and DeBone addressed Oregon Youth Authority cadets,
explaining how the meeting works and the decisions the Board makes. The
Cadets introduced themselves and talked a bit about where they come from and
their plans for the future. The Director of the program gave a brief overview of
how the program runs, is funded, how the students get into the program and
more. About 89% of the graduates go onto higher education or a military
career. It is an 18-month program, and usually 125-130 cadets graduate each
year.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 8, 2011
Page 1 of 5 Pages
2. Before the Board was a Public Hearing and Consideration of Board
Signature of Order No. 2011-009, Vacating a Portion of H. B. Ford Road.
Vice Chair DeBone opened the public hearing. George Kolb gave a brief view
of the item. He stated that he got a letter from Qwest that indicates they have
no problem with the vacation; no other letters or calls have come in. There are
no utilities in the area but a letter is routinely sent to any who could be
impacted.
No testimony was offered, so the hearing was closed.
UNGER: Move signature of Order No. 2011-009.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
3. Before the Board was a Public Hearing and Consideration of First and
Second Readings, by Title Only, and Adoption by Emergency, of
Ordinance No. 2011-016, Extending the Expiration of Land Use Permit
Approvals.
Nick Lelack read the opening statement to the audience. In regard to conflicts
of interest, the Commissioners indicated they had none. No challenges from the
public were received.
Vice Chair DeBone opened the public hearing at this time.
Mr. Lelack stated that this is a minor amendment that would allow more time
for applicants to proceed with their projects The Planning Director would be
able to add an additional extension to allow flexibility.
Cities are going from three years to five or six. The County would allow up to
seven years.
Bruce White, representing Virtual Realty Enterprises and associated affiliates.
They have some interest in the Tetherow Resort property. Since taking
ownership, are in the process of getting plans and proposals done to reposition
the resort's situation. They are in support of this change. Tetherow originally
got its permits in 2005 during an entirely different marketplace.
It is challenging to be in the development arena at this time. They will need
additional time to assess the current situation and to get more partners involved.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 8, 2011
Page 2 of 5 Pages
He suggested that the Board consider a longer period of time. The current
downturn has lasted a long time and no one knows when it will end.
Developers need a certain level of certainty to get financing in place.
Andy High of COBA (Central Oregon Builders' Association) stated that the
extensions are very valuable to the construction industry. There is little value in
the land now once the infrastructure and STD's are paid. He said they support
this action, and feel it should be brought up for review as long as the market is
slow.
No other comments were offered, so Vice Chair DeBone closed the hearing.
Commissioner Unger noted that this would allow for a balance. The County
already allows a longer extension than the cities do. This will allow some
flexibility at this time, and the issue can be reviewed again in the future to see if
a change needs to be made then. Vice Chair DeBone agreed.
UNGER: Move approval of the first and second reading of Ordinance No.
2011-016, by title only.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2011-
312, an Intergovernmental Agreement with the City of Sisters regarding
Law Enforcement Services Provided by the Deschutes County Sheriff s
Office.
Tim Edwards gave a brief overview of the item, which includes a slight
increase in cost to the City. It is a mutually beneficial agreement for both
agencies. It has been approved by the City of Sisters Council.
Commissioner DeBone asked whether the City of La Pine operates similarly.
Capt. Edwards said there has been no discussion but residents are paying for
Sheriff's services in that area through taxes.
UNGER: Move signature of Document No. 2011-312.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 8, 2011
Page 3 of 5 Pages
Before the Board was Consideration of Approval of the Consent Agenda.
UNGER: Move approval of the Consent Agenda.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
CONSENT AGENDA
5. Board Signature of Document No. 2011-270, a License with Mocha Janes, LLC
for Space in the Deschutes Services Building
6. Board Signature of Document No. 2011-233, a Lease with Family Resource
Center for Space at 1130 NW Harriman St., Bend
7. Board Signature of Document No. 2011-238, a Lease with Deschutes United
Way for Space at 1130 NW Harriman St., Bend
8. Approval of Minutes:
• Business Meetings: May 25 and June 1
• Work Sessions: May 25 and June 1
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$6,709.11.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,185.57.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 8, 2011
Page 4 of 5 Pages
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $629,690.87.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
12. ADDITIONS TO THE AGENDA
None were offered.
Being no further discussion or items to come before the Board, Vice Chair
DeBone closed the meeting at 10:45 a.m.
DATED this Day of 2011 for the
Deschutes County Board of Commissioner
ATTEST:
Recording Secretary
X''-~- 'mac
Tammy Baney, Chair
Anthony DeBone, Vice Chair
CiI.C_Cc.~ -
Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, June 8, 2011
Page 5 of 5 Pages
o < BOARD OF COMMISSIONERS' MEETING
T REQUEST TO SPEAK
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If so, please give a copy to the Recording Secretary for the record.
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If so, please give a copy to the Recording Secretary for the record.
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❑ { BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: -143 . Date: _
Name 1 V,
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Phone #s
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:EK,n Favor ❑ Neutral/Undecided ❑ Opposed
Submitting written documents as part of testimony? F]Yes [ 1o
If so, please give a copy to the Recording Secretary for the record.
Qwest
June 1, 2011
The Road Department
Attn: Tammy Baney
61150 SE 27`11 Street
Bend, Oregon 97702
RE: Proposed Vacation of a Portion of H.B. Ford Rd
Dear Ms. Baney,
In response to your vacation notification dated May 19, 2011, I have reviewed this area with our
engineer and determined this area falls outside of the Qwest serving area; therefore Qwest has no
comment regarding the proposed vacation.
If you have any questions, please feel free to give me a call at 503-242-6376. Thank you for the
opportunity to review and respond on this proposal.
Sincerely
QWEST CORPORATION
Lynn M Smith
Manager, Right-of-Way
Oregon
8021 SW Capitol Hill Rd
Portland, Oregon 97219
BRUCE W. WHITE, ATTORNEY, LLC
June 8, 2011
Board of County Commissioners
for Deschutes County
1130 NW Wall St., Suite 200
Bend, OR 97701
Re: Ordinance 2011-016 - Permit Extensions
Dear Chair Baney and Commissioners DeBone and Unger:
I am writing this letter on behalf of Virtual Realty Enterprises, LLC (VRE), VRE Bend, LLC, VRE Lodge
Homes, LLC and VRE Crescent, LLC. VRE, and their aforementioned related entities, are the owners of
various development parcels in the Tetherow destination resort development. VRE was originally a
lender on the project. Through a series of defaults by their borrower, VRE has become an owner. Since
taking ownership of the various parcels at Tetherow, VRE has been working hard to put together plans
and proposals to reposition the resort to address the current challenges in the local and national
marketplace.
We are in full support of allowing for additional extensions of pending land use permits, and we
commend the Board for taking the initiative on this important issue. We don't need to tell you that the
marketplace has changed drastically since Tetherow received its initial approvals in 2005. If we are to
achieve our goal of repositioning the Tetherow resort and moving forward, we will need additional time to
complete our studies, obtain changes to approvals if necessary, secure new financial backing and a new
development partner, and allow time for the market for resort real estate ventures to recover.
Our only concern with the proposed extension is whether for complex, multi-phase projects such as
Tetherow, the proposed two-year extension is long enough. Given the depth of the economic downturn,
and the fact that it dates back more than three years, we believe that at least a three-year extension is
warranted and that an extension beyond three years would be extremely beneficial in the case of
Tetherow. One of the greatest challenges for a project like Tetherow is securing the equity and debt
financing for a project of this scale. Investors and lenders are cautious to invest without certainty of
approvals, specifically land use permits. As there does not appear to be any harm in erring on the side of
providing some additional cushion in these extraordinary times, we would ask that you consider our
request for a longer extension period.
Thank you for this opportunity to testify.
Sincerely, r~
Bruce White
c. Henry Warshaw
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, JUNE 89 2011
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 PUBLIC HEARING, and Consideration of Board Signature of Order No.
2011-009, Vacating a Portion of H. B. Ford Road - George Kolb, Road
Department
Suggested Motions: Hold hearing; move signature of Order No. 2011-009.
3. A PUBLIC HEARING and Consideration of First and Second Readings, by
Title Only, and Adoption by Emergency, of Ordinance No. 2011-016,
Extending the Expiration of Land Use Permit Approvals - Nick Lelack,
Community Development Department
Suggested Motions: Hold hearing; move approval of first and second readings
by title only; and adopt Ordinance No. 2011-016 by emergency
4. CONSIDERATION of Signature of Document No. 2011-312, an
Intergovernmental Agreement with the City of Sisters regarding Law
Enforcement Services Provided by the Deschutes County Sheriff's Office -
Capt. Tim Edwards, Sheriffs Office
Suggested Motion: Move approval of Document No. 2011-312.
Board of Commissioners' Business Meeting Agenda Wednesday, June 8, 2011
Page 1 of 6 Pages
CONSENT AGENDA
5. Board Signature of Document No. 2011-270, a License with Mocha Janes,
LLC for Space in the Deschutes Services Building
6. Board Signature of Document No. 2011-233, a Lease with Family Resource
Center for Space at 1130 NW Harriman St., Bend
7. Board Signature of Document No. 2011-238, a Lease with Deschutes United
Way for Space at 1130 NW Harriman St., Bend
8. Approval of Minutes:
• Business Meetings: May 25 and June 1
• Work Sessions: May 25 and June 1
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
12. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, June 8, 2011
Page 2 of 6 Pages
PLEASE NOTE: At any time during this meeting, an executive session could be called to address
issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation;
ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel 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.
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, June 6
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, June 8
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 15
10:30 a.m. Oregon Youth Challenge Graduation - Fairgrounds, Redmond
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, June 17
7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the County - Bend Golf &
Country Club
Board of Commissioners' Business Meeting Agenda Wednesday, June 8, 2011
Page 3 of 6 Pages
Wednesday, June 22
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting - includes budget adoption
11:30 a.m. Central Oregon Visitors Association Luncheon - Riverhouse
2:00 p.m. Administrative Work Session - could include executive session(s) - note later time
Monday, June 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesdav. June 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 4
Most County Offices will be closed to observe Independence Day
Wednesday, July 6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 7
8:00 a.m. Regular Meeting with Sisters City Councilors - Sisters City Hall
Monday, July 11
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, July 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 14
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond City Hall
Board of Commissioners' Business Meeting Agenda Wednesday, June 8, 2011
Page 4 of 6 Pages
Friday, July 15 - Tuesday, July 19
National Association of Counties Conference, Portland
Wednesday, July 20
1:30 p.m. 1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 21
4:00 p.m. Bend Metropolitan Planning Organization Meeting
Monday, July 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, August 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 8 - Tuesday, August 9
Association of Oregon Counties Regional Summit - Silverton
Wednesday, August 10
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, June 8, 2011
Page 5 of 6 Pages
Monday, August 15
10:00 a.m. Board of Commissioners' Meeting
12 noon Commissioners' Meting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 17
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 18
4:00 p.m. Bend Metropolitan Planning Organization Meeting
Monday, August 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 31
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, June 8, 2011
Page 6 of 6 Pages