Loading...
2016-584-Minutes for Meeting December 14,2016 Recorded 12/21/2016I DESCHUTES COUNTY OFFICIAL RECORDS yd 2016■584 NANCY BLANKENSHIP, COUNTY CLERK d COMMISSIONERS' JOURNAL 12/21/2016 10;41;48 AM 111IIllIllhIjIIftlIlllhII 2018-58 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, WEDNESDAY, DECEMBER 14, 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; David Doyle, County Counsel; Peter Gutowsky and William Groves, Community Development; Timm Schimke, Solid Waste; Wayne Lowry, Finance; Commissioner -elect Phil Henderson, and five other citizens. No representatives of the media were in attendance. CALL TO ORDER Chair Unger called the meeting to order at 10:22 a.m. (The start of the meeting was delayed due to the Board attending an 8 a.m. joint meeting with the Sunriver Service District Board in Sunriver, on a record snowfall day.) Commissioner DeBone thanked the various road and facilities workers for the work they are doing and will be continuing to address for a few days. PLEDGE OF ALLEGIANCE Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 1 of 9 CITIZEN INPUT None was offered. 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 1. Board Signature of Resolution #2016-068, Appropriating a New Grant in the Public Health Fund 2. Board Signature of Letters regarding the Board of River Forest Acres Special Road District: Appointing Martha Mello through December 31, 2017; and Linda Bergquist through December 31, 2018 3. Board Signature of Letters regarding the Board of Deschutes River Recreation Homesites Special Road District #6: Accepting the Resignation of Clint Springer, and Thanking him for his Service; and Appointing Mark Perez through December 31, 2017 4. Board Signature of a Letter Appointing Louis Capozzi to the Central Oregon Intergovernmental Council Board, through December 31, 2018 5. Board Signature of the Minutes of the December 7, 2016 Business Meeting and Work Session ACTION ITEMS 6. Before the Board was a Public Hearing and Consideration of Signature of Order 2016-046, Approving Gary and Lisa Bendix's Petition for Annexation of Property into Redmond Fire & Rescue District. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 2 of 9 Chair Unger opened the public hearing. Dave Doyle noted that no one from the District is in attendance. All are in support of this annexation. No other comments were offered, so the hearing was closed. BANEY: Move signature. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 7. Before the Board was Consideration of Board Signature of Document No. 2016-782, a Notice of Intent to Award Contract Letter for Time and Attendance Software Implementation to Andrews Technology. Wayne Lowry gave a brief overview of the item, with Phase I being Financial. Part of the Human Resources payroll phase requires a separate bidding process. Departments were part of the evaluation process, and Andrews Technology was the preferred choice, although it was not the lowest bid. Commissioner Baney asked if the extra expense can be demonstrated. Mr. Lowry said this will help them to get away from paper time sheets. This program will help with the monthly payroll process. This process affects every employee, including 9-1-1 and the Sheriff's Office, who deal with shift changes and odd scheduling. This company is a Tyler partner, and Tyler handles other systems for the County. This will help with coordination. The program is also hosted by the vendor, resulting in less maintenance and work at the County side. Commissioners Baney thanked Mr. Lowry and his team to help the County get more up to date with automation. DEBONE: Move signature of the Intent to Award letter. BANEY: Second. VOTE: DEBONE: Yes. BAN EY: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 3 of 9 8. Before the Board was Consideration of Board Adoption Signature of Resolution 2016-066, Declaring Sole Source Procurement for Solid Waste Department. Mr. Doyle said item #8 and #9 are related. The Resolution allows for sole source procurement, and this was posted in the newspaper as required. There were no challenges. Timm Schimke explained the need for the compactor. They always have two for backup purposes. The newer one needs work, but a new compactor costs nearly $1 million. It can be rebuilt for less, with the same service life of a new one. It is a Caterpillar brand and should be remodeled by this company, and this dealer has the necessary parts. There is only one such dealer in Oregon. Commissioner Baney feels the criteria have been properly met. This highlights how the County deals with such issues, by looking for ways to be more efficient with existing equipment, especially if the warranty is the same. BANEY: Move signature of Resolution No. 2016-066. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 9. Before the Board was Consideration of Board Signature of Document 2016- 765, a Contract with Peterson Caterpillar for the Rebuild of a Landfill Compactor. Commissioner DeBone agreed with Commissioner Baney as to how this process was handled. Chair Unger added that this is a good winter project so he is glad it was coordinated in this manner. This is a huge savings for the County. BANEY: Move approval of Document No. 2016-765. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 4 of 9 10. Before the Board was Consideration of First Reading on a LUBA Remand Issue (Aceti): Ordinances Nos. 2016-027, 2016-028, 2016-029, and 2016-030. Peter Gutowsky briefly discussed the Ordinances. There are four Ordinances and first reading would be conducted today. The second readings would be on December 28, and two of the Ordinance would be adopted by emergency at that time. These two Ordinances repeal earlier Ordinances. The other two would have the normal ninety -day effective clause. BANEY: Move first reading by title only of Ordnance No. 2016-027, declaring an emergency. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Chair Unger conducted the first reading of the Ordinance. BANEY: Move first reading by title only of Ordnance No. 2016-028, declaring an emergency. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Chair Unger conducted the first reading of the Ordinance. BANEY: Move first reading by title only of Ordnance No. 2016-029. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Chair Unger conducted the first reading of the Ordinance. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 5 of 9 BANEY: Move first reading by title only of Ordnance No. 2016-030. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Chair Unger conducted the first reading of the Ordinance. 11. Before the Board were Deliberations on Appeals of the Hearings Officer's Decision Regarding Widgi Creek Land Use Issues. Will Groves said there have been some deliberations in August but today they will clarify a few issues. He referred to his staff report, a copy of which is attached for reference. The Board reopened the record for this specific reason, and it is time for final deliberations. The argument is that the lots in question are not functionally a part of Widgi Creek and do not impact Widgi Creek. However, staff feels this is a good reason for a master plan amendment, which has been done in the past to address a variety of changes. The applicant feels that they are not a part of Widgi Creek and do not need to be recognized with a master plan amendment. Commissioner DeBone supports that they are not functionally a part of Widgi Creek. The density per acre has been disputed as well. Commissioner Baney agreed. The challenge is all the alliterations of Widgi Creek lack a cohesive plan. Time, interests and land use law change. She feels that a master plan would allow for more consistency. When that land moved over, the function changed. Hearings Officers are not typically evasive but this time the Hearings Officer did not want to clearly define this. Chair Unger feels that there were two destination resorts coming forward in the 1980's and they were looked at as being similar. The County looked to the State for zoning answers. The Board has considered 7th Mountain and Widgi Creek, and those were melded by Mile Post One and 7th Mountain. Looking at the master plan, although not well defined, feels it applied to the 210 units. He agrees that the master plan would allow for clarity to avoid disputes. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 6 of 9 Commissioner DeBone supports the idea of a master plan, but does not agree that these properties are a part of Widgi Creek. He feels the 210 unit cap has not been used. It is a function of utilities and density. Commissioner Baney said that when part of the land was essentially sliced off, it would have been good to add clarity then. It is hard to know if they were giving up that right relating to the number at that time. Clarity is needed, however. Mr. Groves said the Board can look at the existing plan and decide the units are not a part of Widgi Creek. The others being sought could then be those extra units. The Board can welcome a master plan amendment as part of future actions. Or the Board could say that some of these units are part of Widgi Creek and address this as a master plan amendment. Or, the Board could simply ask for a master plan amendment in the future and not have this area a part of this. Mr. Groves feels that he can write something that these units are not a part of Widgi Creek but a master plan amendment might clarify this. Commissioner Baney stated that she is sensitive to additional costs, but feels this should have been done previously. Chair Unger added that they need some kind of process to bring the parties together. He is hearing that the units won't apply to the cap, but there should be a master plan amendment for future changes. She hopes to see clarity in this issue. Mr. Groves said he can draft findings and present them to the Board on December 19. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $21,937.46. DEBONE: Move approval, subject to review. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 7 of 9 VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $295.51. 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 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $1,105,839.24. Tom Anderson explained that this includes a payment to Medcor. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. OTHER ITEMS None were offered. Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 8 of 9 ADJOURN Being no further items to come before the Board, the meeting was adjourned at 11:03 a.m. DATED this � Day of Deschutes County Board of Commissioners. ATTEST: St-k4A-- Recording Secretary Alan Unger, Chair 2016 for the Tammy Baney, Vic air Anthony DeBone, Commissioner Minutes of Board of Commissioners' Business Meeting Wednesday, December 14, 2016 Page 9 of 9 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 Fax (541) 385-3202 - https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, DECEMBER 14, 2016 Barnes and Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street 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. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. CONSENT AGENDA . Board Signature of Resolution #2016-068, Appropriating a New Grant in the Public Health Fund Board of Commissioners Business Meeting Agenda of 3 Wednesday, December 14, 2016 Page 1 2. Board Signature of Letters regarding the Board of River Forest Acres Special Road District: Appointing Martha Mello through December 31, 2017; and Linda Bergquist through December 31, 2018 3. Board Signature of Letters regarding the Board of Dechutes River Recreation Homesites Special Road District #6: Accepting the Resignation of Clint Springer, and Thanking him for his Service; and Appointing Mark Perez through December 31, 2017 4. Board Signature of a Letter Appointing Louis Capozzi to the Central Oregon Intergovernmental Council Board, through December 31, 2018 5. Board Signature of the Minutes of the December 7, 2016 Business Meeting and Work Session ACTION ITEMS 6. Public Hearing and Consideration of Signature of Order 2016-046, Approving Gary and Lisa Bendix's Petition for Annexation of Property into Redmond Fire & Rescue District. - David Doyle, Legal Counsel 7. Consideration of Board Signature of Document No. 2016-782, a Notice of Intent to Award Contract Letter for Time and Attendance Software Implementation to Andrews Technology - Wayne Lowry, Finance Director/Treasurer 8. Consideration of Board Adoption Signature of Resolution 2016-066, Declaring Sole Source Procurement for Solid Waste Department - David Doyle, Legal Counsel 9. Consideration of Board Signature of Document 2016-765, a Contract with Peterson Caterpillar for the Rebuild of a Landfill Compactor - Timm Schimke, Director of Solid Waste 10. Consideration of First Reading on a LUBA Remand Issue (Aceti): Ordinances Nos. 2016-027, 2016-028, 2016-029, and 2016-030 - Peter Gutowsky, Planning Manager 11. Deliberations on Appeals of the Hearings Officer's Decision Regarding Widgi Creek Land Use Issues - William Groves, Senior Planner CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 13. Consideration of Approval of Weekly Accounts Payable Vouchers Board of Commissioners Business Meeting Agenda of 3 Wednesday, December 14, 2016 Page 2 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Consideration of Approval of Weekly Accounts Payable Vouchers OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: wwvv.deschutes.ora/meetinas 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. ru Deschutes County encourages persons with disabiities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.oraimeetinacalendar (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.) Board of Commissioners Business Meeting Agenda of 3 Wednesday, December 14, 2016 Page 3