2011-2986-Minutes for Meeting July 13,2011 Recorded 8/15/2011NANCYUBLANKECOUNTY NSH P~FCOUNTY CLERKDS c 2011■19
COMMISSIONERS' JOURNAL 86
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2011-Z94-T6
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, JULY 139 2011
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone.
Also present were Dive Kanner, County Administrator, Erik Kropp, Deputy
County Administrator; Laurie Craghead, County Counsel; Timm Schimke, Solid
Waste Department; Kevin Harrison and Peter Gutowsky, Community
Development; George Kolb and Randy McCulley, Road Department; and four
other citizens.
Chair Baney opened the meeting at 10:02 a.m.
1. Before the Board was Citizen Input.
Woody Maderios thanked the Board for its support of Grandma's House over
time, which is now celebrating twenty years of operation. One of the first
babies helped at Grandma's House just got a full college scholarship.
2. Before the Board was Consideration of Chair Signature of Document No.
2011-309, a Notice of Intent to Award Contract Letter for the Purchase of
a New Loader-Mounted Snow Blower.
George Kolb said the lowest bid was not a qualifying bid because of the weight
needed for the equipment. There was a letter sent to the County from the low
bidder but their bid does not meet specifications.
Chair Baney noted that the letter allows for an appeal period if the bidder that
did not win wishes to contest the selection.
Commissioners Unger and DeBone said that they support the reasoning behind
the selection.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 1 of 7 Pages
UNGER: Move Chair signature of the intent to award contract letter, for
Peterson Equipment Company.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
3. Before the Board was Consideration of Chair Signature of Document No.
2011-236, a Notice of Intent to Award Contract Letter for the Purchase of
a Landfill Compactor.
Timm Schimke showed photos of the equipment to the Board. He explained
this is a rolling piece of equipment with steel wheels, meant to break up and
compact landfill matter. It is a very sophisticated machine. The low bidder had
some issues that are felt to be problematic. He had asked for a guaranteed
repair cost and repurchase amount over a period of time. The low bidder's
repurchase bid came with conditions that are not acceptable.
The specifications also called for a mechanical drive system. The low bidder's
machine is driven by hydraulics which tends to be more problematic. It is
cheaper to produce this type of machine but it is less efficient when it comes to
fuel use.
Commissioner Unger feels that the staff report makes it clear that the choice
made is the one that makes the most sense over time.
DEBONE: Move Chair signature of the intent to award contract letter, for
Peterson Equipment Company.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of Second Reading by Title Only, and
Adoption, of Ordinance No. 2011-009, Creating Zoning Regulations for
Small Wind Energy Systems.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 2 of 7 Pages
Peter Gutowsky entered the case file into the record. This has been at twelve-
month process for this legislative amendment. No changes have been made to
the document since the first reading.
Commissioner Unger asked that this be brought back to the Board in a year for
an update.
UNGER: Move second reading by title only of Ordinance No. 2011-009.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the second reading.
UNGER: Move adoption of the Ordinance.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
5. Before the Board was a Public Hearing (continued from February 10,
2010) on Files No. PA-083 and ZC-083, on an Appeal of the Hearings
Officer's Decision regarding a Plan Amendment/Zone Change on
Agricultural/EFU to Airport Development (Aviation Support District -
Bend).
Kevin Harrison gave a brief overview of the item, which would allow property
to be rezoned from EFU to Airport Development. It has been in the pipeline for
several years.
The applicant is Gibson Airpark LLC, and the property is located off Nelson
Road. The Hearings Officer recommended denial in 2008 because the proposal
is not consistent with the Bend Airport Master Plan. A hearing was held in
February 2009, and asked for an update of the Master Plan before this could be
considered. The hearing was continued until August 2009, with another
continuation requested at that time. The City had initiated the process but was
not done with it. It was continued until February 2010, so another continuance
was requested.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 3 of 7 Pages
The key item is the status of the update to the Airport Master Plan. A presented
was made to the City Council in June 2011, and it appears they are about
halfway through drafting changes to the plan. The City anticipates a winter
2012 date to submit the Plan to the FAA.
There has not been a request submitted to the County, although the applicant
was advised of this meeting.
Laurie Craghead said that the attorney for the applicant has been contacted, but
has not heard anything from them.
Chair Baney asked if further contact was made. Mr. Blikstad said they did
notify the applicant and their attorney of today's meeting. The ownership of the
property was verified as being the same but the mailing address had changed, so
the agenda was sent again.
Chair Baney does not want the applicant being able to say that they did not get
proper notification and were not be able to provide input. Commissioner Unger
said it has been kept open previously because the Master Plan is still not
finished. He is leaning towards continuing it to a date certain in the hope that
more progress is made. The applicant paid for a land use action and should not
have to reapply.
Ms. Craghead said they'd have to file a modification of application anyway if
the Master Plan changes anything. It is a lesser cost that a new application.
Mr. Harrison said the filing does involve a fee and they'd have to provide new
information. The Board could then look at new findings to make a decision. If
the Board decides to deny the application, there would not be an additional
waiting period to reapply. Ms. Craghead said the fee for a modification is less
than the full application fee. It is the applicant's responsibility to keep track of
when hearings occur as well and the County is not required to provide
additional notice.
Chair Baney said that she feels the County should go beyond what is required to
make sure all parties are fully aware of the situation. This is likely to be
contentious and she wants to be sure there can be no claim that they were not
properly notified.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 4 of 7 Pages
Commissioner Unger stated that it is a public hearing and the Board can
continue it if that is felt to be the best course of action. Commissioner DeBone
added that with the current economy and the Master Plan not being completed,
it is not unreasonable to continue the hearing.
Mr. Harrison said that the appropriate timing might be for the City and County
to adopt the Plan and allow enough time after that for everyone to be
comfortable with it. A year should be sufficient.
The Board continued the hearing to Monday, July 16, 2012, at 10:00 a.m.
Before the Board was Consideration of Approval of the Consent Agenda.
Commissioner DeBone said the minutes of the June 29 work session should
reflect that he was the Commissioner swearing in the La Pine Water and Sewer
Board.
UNGER: Move approval with this correction.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
Consent Agenda Item
6. Board Signature of Document No. 2011-407, the Annual Boating Safety and
Law Enforcement Services Agreement, with the Sheriff s Office Providing
Services to the State of Oregon Marine Board
7. Board Signature of Document No. 2011-223, Leasing Property to the
Department of Water Resources
8. Approval of Minutes:
• Business Meetings: June 29; July 6
• Work Sessions: June 29; July 6
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
$11,256.17.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 5 of 7 Pages
DEBONE: Move approval, subject to review.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: 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 $1,013.39.
DEBONE: Move approval, subject to review.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: 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 $752,838.84.
DEBONE: Move approval, subject to review.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
12. ADDITIONS TO THE AGENDA
Commissioner Unger asked about the cell tower issue that the Sheriff supports
since the Sheriff needs to utilize the tower, which is located on Awbrey Butte.
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 6 of 7 Pages
Commissioner DeBone said he does not have a lot of strong thoughts on this,
but it is not a Board decision at this point. He may have a personal opinion
about it but would want to do more research before signing something.
Dave Kanner said the property owner is the applicant technically. That is the
County, so the Board cannot sign a letter supporting its own application. The
controversy is the fact that it is a cell tower and is lattice-based, allowing for
multiple uses. The Awbrey Butte neighbors are organized and don't like the
towers that are already there.
Chair Baney stated the question is whether the Board wants to support the
Sheriff's request. Commissioner Unger feels the upgrade is needed for safety
purposes and this is the best location. Commissioner DeBone is generally
supportive but has not studied the details of the situation.
Mr. Kanner will ask the Sheriff to attend the afternoon work session to discuss
this situation further.
Being no further discussion, the meeting ended at 10:45 a.m.
DATED this /()0? Day of 2011 for the
Deschutes County Board of Commissioners.
Tammy Baney, Chair
Anthony DeBone, Vice Chair
ATTEST: C/►~~'`~-
~i~~~ J Alan Unger, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011
Page 7 of 7 Pages
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trash screens. Bolt-on reversible cutting edges and replaceable end bits.
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AI jon MFG.LLC, Solid Waste Division, will warranty the following
for aperlod of Five (5) Years or 10,000 Hours, whichever occurs first:
• Wheel Inner Drum
® Wheel Side Wall (Inner Cone)
® Welds Attaching Cones to Drums
• Planetary or Planetary ShafSeals
® Axle Structure
This warranty guarantees repair or entire replacement of any
listed component damaged by wire, cable or other foreign debris
trapped between the wheels and the frame of the compactor. Exercise
of this warranty and its extent by Al jon MFG. LLC. or its
representative shall be at the discretion ofAljon MFG. LLC, Solid
Waste Division. All expenditures made to exercise this warranty are
the responsibility ofAljon AUG. LLC excluding consequential
damages, lost production, etc.
This warranty shall remain in effect for the time period indicated
above, and shall apply to the original purchaser only.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JULY 13, 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. CONSIDERATION of Chair Signature of Document No. 2011-309, a Notice
of Intent to Award Contract Letter for the Purchase of a New Loader-Mounted
Snow Blower - Randy McCulley and/or George Kolb, Road Department
Suggested Motion: Move Chair Signature of the Notice of Intent to Award
Letter, selecting Peterson Machinery Company as the Winning Bidder
3. CONSIDERATION of Chair Signature of Document No. 2011-236, a Notice
of Intent to Award Contract Letter for the Purchase of a Landfill Compactor -
Timm Schimke, Solid Waste Department
Suggested Motion: Move Chair Signature of the Notice oflntent to Award
Letter, selecting Peterson Machinery Company as the Winning Bidder
4. CONSIDERATION of Second Reading by Title Only, and Adoption, of
Ordinance No. 2011-009, Creating Zoning Regulations for Small Wind Energy
Systems - Peter Gutowsky, Community Development
Suggested Motions: Conduct Second Reading by Title Only of Ordinance No.
2011-009, Creating Zoning Regulations for Small Wind Energy Systems.
Move adoption of Ordinance No. 2011-009.
Board of Commissioners' Business Meeting Agenda Wednesday, July 13, 2011
Page 1 of 6 Pages
5. A PUBLIC HEARING (continued from February 10, 2010) on Files No. PA-
083 and ZC-083, on an Appeal of the Hearings Officer's Decision regarding a
Plan Amendment/Zone Change on Agricultural/EFU to Airport Development
(Aviation Support District - Bend) - Kevin Harrison, Community Development
CONSENT AGENDA
6. Board Signature of Document No. 2011-407, the Annual Boating Safety and
Law Enforcement Services Agreement, with the Sheriff's Office Providing
Services to the State of Oregon Marine Board
7. Board Signature of Document No. 2011-223, Leasing Property to the
Department of Water Resources
8. Approval of Minutes:
• Business Meetings: June 29; July 6
• Work Sessions: June 29; July 6
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 4-11
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, July 13, 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)
Tuesday, July 12
10:00 a.m. Employee Benefits Advisory Committee Meeting
1:00 P.M. Central Oregon Health Council Community Meeting
6:00 p.m. Project Wildfire Award Banquet - Fort Rock Park, Sunriver
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
2:00 p.m. Meeting with U.S. Forest Service Regional Forester, Portland
Friday, July 15 - Tuesday, July 19
National Association of Counties Conference, Portland
Tuesday, July 19
4:15 p.m. Ribbon Cutting Ceremony, Alchemy Solutions, 1567 SW Chandler Ave., Bend
Wednesday, July 20
8:30 a.m. EDCO (Economic Development for Central Oregon) Annual Meeting, St. Charles
Medical Center
Board of Commissioners' Business Meeting Agenda Wednesday, July 13, 2011
Page 3 of 6 Pages
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 I
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. Opening Day at the Deschutes County Fair, Redmond
1:30 p.m. Administrative Work Session - could include executive session(s)
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)
Board of Commissioners' Business Meeting Agenda Wednesday, July 13, 2011
Page 4 of 6 Pages
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)
Monday, September 5
Most County Offices will be closed to observe Labor Day.
Tuesday, September 6
5:00 p.m. Presentation: County College
Wednesday, September 7
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, July 13, 2011
Page 5 of 6 Pages
Thursday, September 8
7:00 p.m. Regular Meeting with the City of Redmond Council, Redmond City Hall
3:00 p.m. COACT (Central Oregon Area Commission on Transportation) Meeting at COIC
(Central Oregon Intergovernmental Council), 334 NE Hawthorne Ave., Bend
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, July 13, 2011
Page 6 of 6 Pages