2016-489-Minutes for Meeting September 28,2016 Recorded 10/10/2016DESCH
TES COUNTY
FICIAL
NANCYUBLANKENSHIP,FCOUNTY CLERKS 1rJ 206.489
COMMISSIONERS' JOURNAL 10/10/2016 02:16:42 PM
11111111111111111111 III488
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.or
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 28, 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; Erik Kropp, Deputy
County Administrator; Dave Doyle, County Counsel; Will Groves and Matt
Martin, Community Development; and seven other citizens.
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 Wednesday, September 28, 2016
Page 1 of 8
Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval, except for the minutes of the September 14 work
session.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Consent Agenda Items
4. Board Signature of Order No. 2016-039, Appointing Residents to the Board of
Property Tax Appeals
5. Chair Signature of Document No. 2016-616, a Funds Transfer Agreement
regarding the Fall Creek Bridge Replacement Project
6. Board Signature of Document No. 2016-599, a Lease and Purchase Option
between Deschutes County and Quicksilver Contracting Company for Property
in the La Pine Industrial Park
7. Board Signature of Resolution No. 2016-055, Transferring Appropriations in
the Community Development Fund (FTE)
8. Board Signature of Resolution No. 2016-056, Appropriating a New Grant in
Public Health
9. Board Signature of Resolution No. 2016-057, Transferring Appropriations in
the Community Development Fund (Groundwater)
10. Board Signature of Resolution No. 2016-058, Transferring Appropriations —
Finance Fund
11. Board Signature of Minutes:
• Business Meeting of September 14, 2016
• Work Sessions of September 14, 19 and 26, 2016
ACTION ITEMS
12. Before the Board was Consideration of First and Second Readings by Title
Only, and Adoption by Emergency, of Ordinances Relating to
Amendments to the City of Bend Urban Growth Boundary.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 2 of 8
• Ordinance No. 2016-020, Repealing Ordinance No. 2009-001, relating to
Title 23, the Comprehensive Plan;
• Ordinance No. 2016-021, Repealing Ordinance No. 2009-002, relating to
Title 19, Zoning;
• Ordinance No. 2016-022, Amending Title 23, the Comprehensive Plan, to
Expand the City of Bend Urban Growth Boundary; and
• Ordinance No. 2016-023, Amending Title 19, Bend Urban Area Zoning
Matt Martin provided an overview and the history of the item, including what
has been done thus far by the City of Bend.
Commissioner Baney explained that the emergency clause is to coincide and
align the timing with the City of Bend's ordinances, so they will all be effective
at the same time. Mr. Martin stated this also allows time for DLCD to review
and accept these in a timely fashion. The effective date will be at the time the
State acknowledges the City's ordinances. Commissioner DeBone noted that
this allows this to move along smoothly.
BANEY: Move first and second readings, by title only, of Ordinance No.
2016-020, declaring an emergency.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the first and second reading by title only, declaring an
emergency.
BANEY: Move adoption by emergency of Ordinance No. 2016-020.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
DEBONE: Move first and second readings, by title only, of Ordinance No.
2016-021, declaring an emergency.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 3 of 8
Chair Unger conducted the first and second reading by title only, declaring an
emergency.
BANEY: Move adoption by emergency of Ordinance No. 2016-021.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Mr. Martin explained the reason for the two Ordinances relating to the
comprehensive plan and zoning.
BANEY: Move first and second readings, by title only, of Ordinance No.
2016-022, declaring an emergency.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the first and second reading by title only, declaring an
emergency.
DEBONE: Move adoption by emergency of Ordinance No. 2016-022.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Mr. Martin stated that this acknowledges areas that are no longer under the
jurisdiction of the County.
DEBONE: Move first and second readings, by title only, of Ordinance No.
2016-023, declaring an emergency.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 4 of 8
Chair Unger conducted the first and second reading by title only, declaring an
emergency.
BANEY: Move adoption by emergency of Ordinance No. 2016-023.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Commissioner Baney thanked staff and the City of Bend for all their hard work,
and the partnership that allowed them to work well together. Commissioner
DeBone acknowledged there was some good work done, and the next time
around it should be easier with the groundwork also done.
Brian Rankin thanked the County for its cooperation and assistance. This has
taken years of work and there was good leadership to get them to this point.
The relationships built during this process will be long-lasting.
13. Before the Board was Consideration of Board Signature of Order No.
2016-041, Reopening the Post -hearing Record regarding the Widgi Creek
Golf Course `Fairway" Application.
Will Groves explained the purpose of the Orders, since the applicant has asked
for the record to be opened for a specific reason. This will be the written record
only. The applicant would like to extend the typical time allowed for this, so
they asked thatthe timeframe be 45 days for submission, seven days for rebuttal
and seven days for final applicant rebuttal.
The second request is to open this only to unit count, but staff included open
space. The Board decided that the open space issue has been resolved,
however. He asked for the timeframe to be clarified and the open space
question answered. He does not feel the issue was fully briefed, and this issue
has intruded into the master plan. There might not be testimony about this but
it would not hurt to allow for it.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 5 of 8
Commissioner Baney feels that if the line is blurred, she wants to be able to
receive all information, but not de novo. Commissioner DeBone said he prefers
to consider just the unit count. Commissioner Baney wants all the information
she can get to help them get to a decision. Chair Unger feels it is appropriate to
hear all they should.
Commissioners DeBone said they want to be fair and equitable to everyone in
that area, but this is the right thing to do to get to a conclusion.
DEBONE: Move approval of Order No. 2016-041, amending the timeframe
for applicant submission to 45 days, to allow for consideration of
open space and unit count.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
14. Before the Board was Consideration of Board Signature of Order No.
2016-042, Reopening the Post -hearing Record regarding the Widgi Creek
Rezone Application (`Pool' Appeal).
DEBONE: Move approval of Order No. 2016-042, amending the timeframe
for applicant submission to 45 days.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District (Two Weeks) in the
Amount of $2,001,270.86.
Tom Anderson explained that this includes payments relating to the public
safety radio system project, with some major milestones being met.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 6 of 8
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District (Two
Weeks) in the Amount of $4,030.87.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County (Two Weeks) in the Amount of
$2,029,219.82.
Mr. Anderson noted that this includes a release of security for destination
resorts that have met conditions; and payments to other agencies for building
permit add-ons such as SDC's and utilities. There was a payment to Crook
County for fuels reduction for the tri -county area, per agreement.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 7 of 8
18. OTHER ITEMS
After a five-minute break, the I.T. Department provided a demonstration of the
Accela program, which will be launched next week. Melinda Campbell said
this is meant to automate the entire meeting process, resulting in a public
meeting portal for all Board meetings.
19. ADJOURN
Being no further items addressed, the meeting was adjourned at 10:45 a.m.
DATED this r Day of O144_ 2016 for the
Deschutes County Board of Commissioners.
ATTEST:
Recording Secretary
Alan Unger, Chair
Tammy Baney, Vic, hair
Kb..0(11&__
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, September 28, 2016
Page 8 of 8
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMIVIISSIONERS
10:00 A.M., WEDNESDAY, SEPTEMBER 28, 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.
Ifyou 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 Wednesday, September 28, 2016
Page 1 of 4
CONSENT AGENDA
4. Board Signature of Order No. 2016-039, Appointing Residents to the Board of
Property Tax Appeals
5. Chair Signature of Document No. 2016-616, a Funds Transfer Agreement
regarding the Fall Creek Bridge Replacement Project
6. Board Signature of Document No. 2016-599, a Lease and Purchase Option
between Deschutes County and Quicksilver Contracting Company for Property
in the La Pine Industrial Park
7. Board Signature of Resolution No. 2016-055, Transferring Appropriations in
the Community Development Fund (FTE)
8. Board Signature of Resolution No. 2016-056, Appropriating a New Grant in
Public Health
9. Board Signature of Resolution No. 2016-057, Transferring Appropriations in
the Community Development Fund (Groundwater)
10. Board Signature of Resolution No. 2016-058, Transferring Appropriations —
Finance Fund
11. Board Signature of Minutes:
• Business Meeting of September 14, 2016
• Work Sessions of September 14, 19 and 26, 2016
ACTION ITEMS
12. CONSIDERATION of First and Second Readings by Title Only, and
Adoption by Emergency, of Ordinances Relating to Amendments to the City of
Bend Urban Growth Boundary — Peter Gutowsky & Matt Martin, Community
Development
• Ordinance No. 2016-020, Repealing Ordinance No. 2009-001, relating to
Title 23, the Comprehensive Plan;
• Ordinance No. 2016-021, Repealing Ordinance No. 2009-002, relating to
Title 19, Zoning;
• Ordinance No. 2016-022, Amending Title 23, the Comprehensive Plan, to
Expand the City of Bend Urban Growth Boundary; and
• Ordinance No. 2016-023, Amending Title 19, Bend Urban Area Zoning
Suggested Actions: One Ordinance at a time, move first and second readings
by title only; move adoption by emergency.
Board of Commissioners' Business Meeting Agenda Wednesday, September 28, 2016
Page 2 of 4
13. CONSIDERATION of Board Signature of Order No. 2016-041, Reopening
the Post -hearing Record regarding the Widgi Creek Golf Course `Fairway"
Application — Will Groves, Community Development
Suggested Actions: Discuss decision; move Board signature of Order No.
2016-041.
14. CONSIDERATION of Board Signature of Order No. 2016-042, Reopening
the Post -hearing Record regarding the Widgi Creek Rezone Application (Pool'
Appeal) — Will Groves, Community Development
Suggested Actions: Discuss decision; move Board signature of Order No.
2016-042.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District (Two Weeks)
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District (Two Weeks)
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County (Two Weeks)
18. OTHER ITEMS
19. ADJOURN
Board of Commissioners' Business Meeting Agenda Wednesday, September 28, 2016
Page 3 of 4
To watch this meeting on line, go to:
htto://www.deschutes.ora/bccipacie/board-meetina-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
,,sactivities. 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 Wednesday, September 28, 2016
Page 4 of 4