2016-444-Minutes for Meeting August 15,2016 Recorded 9/16/2016COUNTY OFFICIAL
NANCY DESCHUTES COUNTY CLERKOS C� 20 +6.444
COMMISSIONERS' JOURNAL 09/16/2016 10;17;49 AM
(IIIIIIIIIIIIIIIIIIIIIIIII) (III
2016 -444
For Recording Stamp Only
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, AUGUST 159-2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator; John Laherty, County
Counsel; Wayne Lowry, Finance; Nick Lelack and Will Groves, Community
Development; and eight other citizens, including Ted Shorack of The Bulletin.
1. CALL TO ORDER
Chair Unger called the meeting to order at 10:00 a.m.
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT
None was offered.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 1 of 17
Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Consent Agenda Items
4. Board Signature of Document No. 2016 -353, a Services Agreement with
Marianne Straumfjord, M.D., for Treatment of Clients with Severe Behavioral
Health Illness or Disturbance
5. Board Signature of Document No. 2016 -524, an Acceptance Deed for a Slope
Easement off Powell Butte Highway (Bourgeois)
6. Board Signature of Minutes:
Business Meetings of August 1 and 10, 2016
Work Session of August 1, 2016
ACTION ITEMS
7. Before the Board was a Public Hearing and Consideration of Board
Signature of Resolution No. 2016 -023, Hospital Facility Authority TEFRA
Bond Issuance.
Chair Unger opened the public hearing. Wayne Lowry, Finance Director; and
Doug Goe, representing St. Charles, provided an overview of the item. St.
Charles is looking to building an extension on the hospital for ICU purposes,
and also wishes to refinance or restructure some existing bonds to take
advantage of lower interest rates. The total amount would be $201 million.
Board of Commissioners' approval is required as part of the process.
Mr. Goe said that TEFRA (Tax Equity and Fiscal Responsibility Act) was
established in 1982 when it was decided that the public should have notice of
the issuance of these kinds of bonds. Chair Unger sits on the board of the
Hospital Authority. The City Council of Prineville and Madras also have to
approve this activity since it affects facilities within those counties.
Mr. Lowry said that nonprofits usually cannot take advantage of these programs
but TEFRA allows it. The County is extending the tax - exempt status that it
enjoys for hospital related activities.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 2 of 17
Mr. Goe added that he believes almost all jurisdictions throughout the State
formed Hospital Authorities. There is also a statewide authority that can issue
bonds on behalf of nonprofit hospitals and other nonprofit organizations.
Jennifer Welander, the CFO of St. Charles Health System, explained that with
the expansion of healthcare and population, they are facing capacity constraints
with their ICU. The expansion was approved by their board. There will be $75
million of new debt and refinance of other outstanding debt. This will add
another 100 beds in the region. This will also include more parking, and have
to add a new water main. They are in the design phase, with all being done
mid -2018.
Chair Unger said the local Authority approved this action this morning.
No other testimony was offered, so the hearing was closed. Commissioner
Baney said that the St. Charles has been an incredible partner in this region.
This is not an obligation to the County, but will allow for much - needed capacity
and community care. Commissioner DeBone feels that this process is
important to keep citizens aware of what is happening.
BANEY: Move approval.
DEBONE: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
8. Before the Board were Deliberations and a Decision on Widgi Creek
Fairway and Pool Cases.
• Appeal of Hearings Officer's Decision regarding the Establishment of a
Nine Lot Subdivision
• Appeal of Hearings Officer's Decision regarding the Establishment of an
Eight Lot Subdivision
Will Groves provided an overview of the issues: the "Fairway" and "Pool"
applications. The record is closed and it is time for a decision of the Board. He
provided a matrix for review.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 3 of 17
1. What Is the Widgi Creek Master Plan?
Mr. Groves stated that staff concurs with the opponents, who feel that the
master plan and modifications apply. Commissioners DeBone said he is not
sure what this will look like at the end. There has been a lot of time since then.
He sees the pool facility and some others as amenities to the condos. If it is not
going to be a pool, it should still be open space. The property owners should
invest in maintenance of the pool if they want it. Otherwise it could be a green
space. It is esoteric as to how this can be handled.
Chair Unger feels that they should discuss some of these points. Along with the
master plan, created years ago, are land use documents that were used as
guiding documents. Commissioner Baney stated that the challenge is what is
legally allowed and not necessarily what she'd like to see. They may not be the
same thing. She believes that the master plan is reflected in this.
DEBONE: Move that the Board find the master plan is MP -83 -1 and CU -83-
107, as modified by the decisions cited in the staff deliberation
memo, but excluding location- specific development reviews such
as tentative plans, final plats, site plan reviews, and landscape
management site plan reviews.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
2. Does the Widgi Creek Master Plan Retain a Regulatory Role Under DCC
18.08.020?
Mr. Groves explained that this is a `savings clause' and has broad County
implications. Staff and Legal feel that when they moved from Title 15 to Title
18, at that moment they were not wiping the slate clean and the old decisions
will continue to apply. This happened in 1991. They need to know how or if
this was preserved. The homeowners' association would like it to be an
ongoing obligation. There are advantages to this, but it may not be the correct
default. The Board has to look at the text of the decisions and what happens to
the previous documents. It is a question of what the default should be — to
preserve or not.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 4 of 17
Commissioner Baney agrees with the Hearings Officer's decision. Chair Unger
said there were two land use documents and he does not see them changing. He
feels they all need to be changed on their own. Commissioner DeBone added
that they should not be wiped clean, and there is a need to consider the work of
the past.
BANEY: Move that the Board find that CDD 18.08.020 only preserves the
described prior approvals and agreements through the 1991
adoption of Title 18, and offers no broad protection to approvals
and agreements potentially impacted by later ordinances.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
3. Did the Goal Exception Remove the Master Plan's Regulatory Role Under
the Resort Community Zone?
Mr. Groves said that this area was originally developed in a resource zone.
Over time, the State recognized these communities existed and allowed them to
develop as some sort of resort development. As the Board made findings, there
were a lot of actions involved, and there is some confusion as to what the Board
at the time intended. LUBA has looked at this in other matters. The Hearings
Officer and staff have received reasonable decisions three times.
The question is whether they intended to and therefore removed the master
plan. The Ordinance has Black Butte Ranch in it, with specific comments
regarding preserving the master plan. The intent likely would have been the
same for Widgi Creek. The same concerns apply for water and sewer services,
but not for the overall number of units.
At the time, the Board may have intended to remove the master plan, but just
did not do it for some unknown reason. A provision at the time said that once
the master plan has been approved, they would initiate periodic reviews to
allow changes for conformance. So, evidently someone had thought about this
falling out of sync with code.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 5 of 17
The opponents feel that the master plan is binding and can be brought up to
date. The question is how or whether the new and old go together. The
applicants feel that they don't, and that the community might have participated
more at the time if they thought the master plan was applicable.
Commissioner Baney stated that she has learned that it is hard to figure out
someone's intent from years ago. Commissioner DeBone said that he concurs
with staff on the intent, but not making it that explicit. Commissioner Baney
agreed.
Chair Unger noted that the Board called out Black Butte Ranch because it
already existed, and Widgi followed suit. People who bought property needed
to know what they were buying. This was the guiding document for the area at
the time, with an expectation of limits of development and how it would be put
together. He concurs with motion #2. Commissioner DeBone added that it is a
relationship of the homeowners' association, commercial success and revenue
to balance it out. It is different from Black Butte Ranch. It is not a matter of
right or wrong. Commissioner Unger agreed that both intended to the same
thing, but Widgi Creek did not get there.
DEBONE: Move that the Board concur with staff that the preponderance of
the evidence suggests the Board may have intended to replace the
master plan with the RC zone and accompanying comprehensive
plan policies, but that the adopted ordinances fail to implement this
intention, particularly given the express language of DCC
17.16.070. The master plan remains as a regulatory document.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
4. Would Additional Residential Development Be Allowed at Widgi Creek
under the Master Plan?
Mr. Groves said that the applicant - provided figures showing compliance with
the 65% open space is not rebutted, and staff believes it to be credible. Staff
believes that 210 residential units have been built or platted within the Widgi
Creek master plan area.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 6 of 17
The master plan had a total cap of 210 units. The Hearings Officer did not
address this issue since she found the master plan did not apply. Staff feels it is
built out because some of the others are partially within Widgi Creek.
However, some are hooked into Seventh Mountain utilities. This was an
identified area for Widgi Creek. The applicant feels there are still
opportunities. Commissioner Baney noted that this is challenged by
functionality and Seventh Mountain. She feels they are a part of Seventh
Mountain because of utilities and services.
Commissioner DeBone said that utilities are a key item and are tangible. The
210 units in the master plan would have included utilities to all. Chair Unger
stated that Mile Post 1 and Points West are a consideration. When the Board at
the time was looking at this kind of zone, those were examined as locations
where development might occur.
Mr. Groves stated that they may need to meet again on this topic regarding the
number of units in each one. A question is whether there is enough room for
development of the pool or fairway areas. This might have been insufficiently
addressed. If there is a hard cap of 210 units, the Board needs to figure out how
many might remain.
Commissioner Baney asked what change they are requesting. Mr. Groves
replied that the application would use the last of the 210 units. The opponents
feel they are long gone, through Points West and Mile Post 1. Chair Unger said
he would like to discuss this further. Mr. Groves stated that alternately, a draft
decision could be made if this is not a part of Seventh Mountain and expressing
a preference. The Board will need to make decisions regarding land that was
identified as part of Widgi Creek, some structures, and some utilities. This will
dictate answers to other decisions today.
Commissioner DeBone said that utilities are a big consideration regarding
possible future development. He needs some clarity on this issue.
Commissioner Baney added that this could curtain what is allowed in the future.
Chair Unger asked that they move on to the next issue and see if it affects this
one.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 7 of 17
5. Can the Master Plan Be Amended?
Mr. Groves said that the Hearings Officer did not make findings on this issue.
It is not clear if this is to be before the Board.
BANEY: Move that the Board find that this question is not properly before
the Board in this application.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
6. Is Additional Residential Development Allowed at Widgi Creek under the
Rural Community Zoning Code?
Mr. Groves explained that the opponents note there will be a lot of application
requirements. Staff recommends the Board concur with the Hearings Officer's
findings that the proposed subdivisions would comply with applicable
provisions.
BANEY: Move that the Board find that the applicant has demonstrated
compliance with the applicable criteria under 18.110.020 and
18.220.060.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
7. Does the Comprehensive Plan Policy 4.8.2, when Read in the Context of the
Goal Exception and Associated Findings, Preclude Additional Residential
Development in Widgi Creek?
Mr. Groves there is little agreement on what the specific language means. This
is important, because if the Board interprets it, they will look at the text of the
provisions first.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 8 of 17
There is significant debate about this, and the Hearings Officer tried to clarify
it. She concluded that the 2001 goal exception findings show a specific area for
development, Mile Post 1 and Seventh Mountain, was identified for new
development. It may have been broadly thought that what was there as golf
course and open space was to stay that way.
The applicant says that there was work done on the process to develop it, so
why else would they have talked about it. Catherine Morrow, previously of
Community Development, weighed in verbally, and said she recalls that there
was no intent for future development. The question is whether the policy was
ambiguous and an effort to preserve the status quo; or that the Board at the time
devoted time and effort into drafting language for this zone for future
development for a reason.
Commissioner Baney asked if there were other similar areas that were not
anticipating it would happen. Mr. Groves replied that there is nothing in the
record. People try to read into this, but there is no specific language as to why
they gave this so much time.
Commissioner DeBone asked if the master plan was the one and only, or just a
starting point. Adding a little after the fact does not seem to be unreasonable;
or was an amendment needed. Mr. Groves said that the Hearings Officer sees a
broad cluster of facts. LUBA will ask about the Board's thoughts on the
context in 2001 and what this Board thinks they were trying to get to. One
question is whether they were leaving a pathway for pocket developments, if
something was not specifically dedicated golf course space.
Commissioner Bane stated that this is a broad interpretation, leaving it open for
some kind of change for this type of community. Was the intent as was platted,
with vague language, or clear on where development would occur. Catherine
Morrow's comments are important and the record supports this. This was
operationalized over the years.
Chair Unger said that the County was looking at changing the law to use the RC
zone, and taking known plans and bringing them into compliance. If you look
at a Goal 8 resource, the conditional master plan and the final master plan, they
are trying to honor the expectations of the original plan through adjustments.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 9 of 17
Commissioner DeBone stated that he is going on the other way on this point.
Commissioner Baney said that this brings up the question of whether it could
have been amended. That was the thought at the time. Commissioner DeBone
noted that he thinks there was room for change.
BANEY: Move that the Board concur with the Hearings Officer, Catherine
Morrow and the opponents that any ambiguity in the meanings of
Policy 4.8.2 is rendered clear by reading this policy in the context
of the goal exception, adopting ordinances and associated findings.
The Board intended to assure all Widgi Creek areas that were
physically developed, everything except specific identified
undeveloped areas, would continue in their then - current uses or
would be developed with community amenities or open
space /recreation uses. The proposed subdivision sites were not
identified as within the eight to nine developable acres in Widgi
Creek. As such, the subdivision sites were developed as golf
course, open space, and/or common areas in 2001, and therefore
subject to Policy 4.8.2.
UNGER: Second.
VOTE: BANEY: Yes.
DEBONE: No. (Split vote)
UNGER: Chair votes yes.
8. Is the Pool Subdivision Located in a Common Area or Open Space?
Mr. Groves said that this area is labeled as Common 8. However, it is not
managed or owned as common area, so should have been labeled as such. This
is a difficult issue because it was not transferred to the homeowners' association
until much later.
There was a cascade of code, with common property defined in ORS. Planned
communities have rules but Widgi Creek did not adhere to those. He suspects
this is because rules changed over time. County code did not happen until a
decade later in this regard. The Hearings Officer feels it is common area, but
this goes against the fact that it was never owned that way. The business model
was for it to be privately owned by the developer, so it is hard to determine if it
is common area. Staff feels there is insufficient evidence. Plain text now
points to ORS. It is supposed to be held by the homeowners' association and
that is not what this is.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 10 of 17
Commissioner Baney stated that their job is to apply land use. She feels this is a
civil matter. It is not functioning as common space, and was not brought in any
other way through code as common space. She does not see where this is under
the same definition used today regarding land use. She is sensitive to the concerns.
It is not regulated under land use law and not technically a common area.
Commissioner DeBone said that it seems like this was in the master plan and
one reason why people bought into it. Maybe it should be a greenspace area.
Chair Unger stead that there was a business model with Black Butte Ranch,
Widgi Creel and Sunriver. They had resort amenities to bring people there,
with housing created around it. Roads, parking and other things are common
areas to be maintained by the homeowners' association. Common 18 is really a
resort property intended for recreation, and to attract people there. They also
talked about a lodge. This does not lend itself to a specific common area, but a
resort type amenity overall.
Commissioner Baney stated she does not support it at this level. Chair Unger
said he supports the first sample motion. Commissioner DeBone indicated that
he needs more context.
Mr. Groves explained that the question is whether the text itself, with the
property never owned by the homeowners' association, mean that it is not a
common area. Also, if it is murky, did also did not match up with code over
time. The Hearings Officer concluded that it was meant to be an amenity,
status quo from 2001, with no presumption of redevelopment.
Commissioner DeBone asked if it should be considered open space or common
area. Mr. Groves replied that the decisions have not been clear. It is hard to
know the intent at the time.
Commissioner Baney said this is not common area as used in land use. This is
a secondary question whether it is a pool or a garden or whatever. She feels the
answer is that there is no common area in land use in this situation, per code.
Chair Unger agreed.
Mr. Groves stated that in the legal sense, it is not common area. In the context
of policy regarding open space, the question is whether they would consider this
as not eligible for redevelopment. Commissioner DeBone noted that if it is
owned by the developer, he sees it as an amenity. Mr. Groves said he would try
to draft the language accordingly.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 11 of 17
9. Is the Pool Subdivision Located in an Area Otherwise Zoned for
Development?
Mr. Groves said that the Hearings Officer feels there are no areas otherwise
zoned for development. The applicant says there are. It is unclear how to read
this. Is all of it potentially developable, or does the language implicate
exclusion — the language isn't there. One might conclude that it is all
potentially developable, or that no area is. The question is why this language
was included. The Hearings Officer reads this as the eight to nine acres of
Points West and Mile Post 1 were anticipated for this. But they did not apply
separate zoning to it.
Chair Unger stated that as the Board at the time looked at Black Butte Ranch
and Widgi Creek, they had to talk big. With Widgi Creek, they relied on the
conditional use permit and site plan as the master plan. They looked at these
two areas for this type of development. Commissioner Baney agreed. She said
they tried to address three locations in one part of code. There was a broader
context at the time, and generalized language.
Commissioner DeBone noted that there was a master plan for the area, but there
had to be a way to reopen this as things change over 10 or 20 years. Chair
Unger added that they need to figure out how to move forward, but don't have
this path. Commissioner Baney stated that what they are being asked to do
today and how land use applies has implications for the future. Chair Unger
said that there was a plan developed, sold and people bought into it. That needs
to be recognized and should be consistent. Commissioner Baney noted that
some of this might have been aspirational. Commissioner DeBone added that
they can adjust this and set some direction.
Mr. Groves indicated that he is hearing both motions #2 and #3. He asked if the
Board would have specified certain open space areas, or recognizes that they
were thinking of the eight to nine acres only. He will draft some language
incorporating motions #2 and #3.
10. Is the Pool a Required Amenity?
Mr. Groves said there are a couple of arguments on this issue, whether the
master plan required a pool, and who would own and/or maintain it. It
contemplates a pool but it is not a required amenity in the master plan. The
applicant said it was not required but was merely aspirational.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 12 of 17
There was a conditions of approval of a pool facility in 1995, with agreement of
the developer to keep it in good order. The language is unusual. The opponents
feel that this locked in the pool and not just landscaping. Staff feels that this is
similar to other situations where they could extinguish the use to build
something else.
The final issue was the bankruptcy. The current owner obtained the property
this way, and a bankruptcy extinguishes some liabilities. Staff feels that this
has no bearing on this decision and is out of the Board's purview.
Commissioner DeBone noted that pools are expensive. It is a great idea but it
takes money. He feels that this was an amenity area but not necessarily for a
pool.
Commissioner Baney stated that it was never operationalized. They have to
make it work. The applicant wants it to go away. The opponents want it, but
are not willing to pay for it, so therefore don't support it.
The County sees amendments all the time, and this seems straightforward. As it
sits today, she sees enough in the record that it is not a requirement. The
bankruptcy is a separate matter. There may have been intent to have a pool, but
no one wants it now.
Commissioner DeBone said that it is non - functional now. They can take steps
to decommission it. He is okay with not requiring. It has been mentioned many
times, but in his view it is not a legal requirement.
Chair Unger agreed. The pool was approved and supported, but there needed to
be more done. Operational support and viability are not there. The applicant
can come back and ask that it be excluded. That area could be something else.
Commissioner Baney noted that while it was never part of the requirements, it
was offered as part of the development by the property owners at the time. The
current owners need to request it be removed for this reason. It was noted as
part of the plan, but it can be adjusted out of that since it was not statutorily
required. Mr. Groves said he will use the language in the first sample motion.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 13 of 17
11. Have the Pool Subdivision Design Issues Been Resolved by the
Modification?
Mr. Groves said that regarding the initial layout of the pool subdivision, the
Hearings Officer felt it was awkward for access and roads. The applicant
revised this and added a turnaround. The opponents feel it is not appropriate
and not harmonious. Regarding the second part, the Hearings Officer was
concerned regarding it being harmonious with the existing development, and
that removing this community facility and replacing it with condos is not
harmonious.
Staff feels the layout is acceptable. In regard to the second question regarding
the removal of the facility as not being harmonious, the applicant says they are
identical townhomes in a field of others. Commissioner Baney stated that the
applicant's modifications are better and alleviates those concerns. Chair Unger
said that it is not an area for more housing. Commissioner DeBone agreed.
Mr. Groves stated that the Hearings Officer had no decision on this.
Commissioner DeBone said that it could be harmonious, but the underlying
issue is a concern. Commissioner Baney feels this is a moot point.
12. Is the Fairway Subdivision Located in an Area Developed as Golf Course
or Designated as Open Space?
Mr. Groves explained that the question is whether this is green space, in or out
of play or out of bounds, or developable. The applicant says historic maps
identify this as not part of the golf course. The Hearings Officer indicated that
this area was in play in 2001. The opponents feel this was part of the golfing
area and only got out of bounds markers recently. The question is, what was
the thought in 2001? Catherine Morrow said that she believes it was not meant
to be status quo.
Commissioner Baney explained that they are trying to use perceived
ambiguities in the master plan rather than amending the master plan. She does
not think this is an appropriate direction to take. There could be some changes,
but this is the appropriate way to do it. There is enough clarity from 2001 that
this would not have been the intent at the time. They should have been clearer
about aspirations. Perhaps it was not anticipated to be developed at the time,
but this does not mean it could not be addressed in the future.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 14 of 17
Commissioner DeBone said that a golf course is a golf course. They need to
get back to the master plan at the time, if the master plan defines the footprint.
Chair Unger stated that the Board at the time was trying to comply with the RC
rules. Points West and Mile Post 1 were anticipated. He does not think the idea
at the time was that the whole subdivision might change, although it could have
with the right process. Commissioner Baney asked if Chair Unger felt there
might be homes there one day. Chair Unger said he did not.
BANEY: Move that the Board find that the subject property is not within the
eight to nine acres specifically designated for residential
development in the goal exception and is, instead, an area
developed as golf course as of 2001, or, at a minimum, open space
adjacent to the developed golf course that shall remain available
for that purpose or for open space /recreational uses under policy
4.8.2.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
13. Has the Fairway Subdivision Design Issue Been Resolved by
Modification?
Mr. Groves indicated that the Board could pass on this one. The problem was
access and the one -way couplet. It should be a low speed but some perceived
traffic dangers regardless. This has been addressed through design. The Board
does not have to make a decision on this one. Commissioner Baney stated that
any intersection can be unsafe if people don't rive properly. She is okay with
the changes, if they have to make a decision on it. Commissioner DeBone said
that they can't rule on this one now anyway.
Mr. Groves said he will start drafting a decision to review at a future work
session. Commissioner DeBone noted that something could evolve from this.
Mr. Groves asked about the section regarding the master plan and how it might
be amended. He asked if the Board wants a specific work session to talk about
it.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 15 of 17
The Hearings Officer did not provide direction. The argument from some
seems to be that the 210 units are used up. Commissioner Baney said that there
is not enough information today, but she would like to know how these
properties are being handled through Mile Post 1 and Points West. The other
Commissioners agreed. Chair Unger asked it makes a difference as to what
those homeowners are utilizing; Widgi Creek amenities or those of others. It
makes a difference.
Mr. Groves stated that the record remains closed and the Board will work with
staff only. The Board reserved the right to provide different direction to staff.
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9 -1 -1 County Service District in the Amount of
$129213.53.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -11
COUNTY SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension /4 -11 County Service District in the
Amount of $4,477.17.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, August 15, 2016
Page 16 of 17
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,557,997.65.
Tom Anderson said that there were a number of invoices related to the County
Fair: temporary help, security, food. It was a very successful event.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
17. OTHER ITEMS
None were offered.
Being no further discussion, the meeting was adjourned at 11:40 a.m.
DATED this Day of Jf,'1AM,4tA-- 2016 for the
Deschutes County Board of Commissioners.
Alan Unger, Chair
Tammy Baney, ice Chair
ATTEST:
Anthony DeBone, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, August 15, LU 1 b
Page 17 of 17
JTES C
o <
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Subject: �� :fie.`` `.v' °, Date:
Name -� r�
Address
Phone #s
E -mail address r w e_1 av�[J e r
S 4- c4,n a, r Y 5 � P 441 oa-r,e . or
❑ In Favor ❑ Neutral/Undecided ❑ Opposed
Submitting written documents as part of testimony? F] Yes ® No
If so, please give a copy to the Recording Secretary for the record.
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.orp,
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, AUGUST 15, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects
anticipated to be considered or discussed at the meeting. This notice does not limit
the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested
citizens are invited to attend. Business Meetings are usually recorded on video
and audio, and can be viewed by the public live or at a later date; and written
minutes are taken for the record.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 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. Please
complete a sign -up card (provided), and give the card to the Recording
Secretary. Use the microphone and clearly state your name when the Board
Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters
that are or have been the subject of a public hearing not being conducted as a
part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or
other printed matter as part of your testimony during a public hearing, please
be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
Board of Commissioners' Business Meeting Agenda Monday, August 15, 2016
Page 1 of 5
CONSENT AGENDA
4. Board Signature of Document No. 2016 -353, a Services Agreement with
Marianne Straumfjord, M.D. for Treatment of Clients with Severe Behavioral
Health Illness or Disturbance
5. Board Signature of Document No. 2016 -524, an Acceptance Deed for a Slope
Easement off Powell Butte Highway (Bourgeois)
6. Board Signature of Minutes:
• Business Meetings of August 1 and August 10, 2016
• Work Session of August 1, 2016
ACTION ITEMS
7. A PUBLIC HEARING and Consideration of Board Signature of Resolution
No. 2016 -023, Hospital Facility Authority TEFRA Bond Issuance — Wayne
Lowry, Finance
Suggested Actions: Open hearing; take testimony; close hearing; consider
testimony; move Board signature of Resolution No. 2016 -023.
8. DELIBERATIONS and a Decision on Widgi Creek Fairway and Pool Land
Use Cases — Will Groves, Community Development
Suggested Actions: Deliberate; provide guidance to staff regarding a decision.
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 /4 -11
COUNTY SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4 -1-1 County Service District
Board of Commissioners' Business Meeting Agenda Monday, August 15, 2016
Page 2of5
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
12. OTHER ITEMS
To watch this meeting on line, go to:
http• / /www deschutes org /bcc /page /board - meeting- videos
Please note that the video will not show up until recording begins.
You can also view past meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617 -4747, or
email ken.harms @deschutes.org.
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, Au ug_ st 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, August 16
10:00 a.m. 9 -1 -1 Board Meeting, at 9 -1 -1
Monday, August 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, August 15, 2016
Page 3 of 5
Wednesday, August 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
August 25, 2016
1:00 P.M. Joint Meeting with City of Bend regarding a Bend Urban Growth Boundary Expansion
Monday, Au ug`st 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, August 30
11:30 a.m. Redmond Chamber of Commerce — State of the County — Juniper Golf Course
Wednesday, August 31
10:00 a.m. Board of Commissioners' Business 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
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, September 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, September 14
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, August 15, 2016
Page 4of5
Monday, September 19
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, September 20
10:00 a.m. 9 -1 -1 Board Meeting, at 9 -1 -1
6:30 p.m. Joint Meeting with the Redmond City Council, Redmond City Hall
Monday, September 26
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, September 28
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 29
All Day AOC District 2 Meeting — Lakeview
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617 -4747, or
email ken.harms @deschutes.org.
Board of Commissioners' Business Meeting Agenda Monday, August 15, 2016
Page 5 of 5