2017-9-Minutes for Meeting December 28,2016 Recorded 1/13/2017Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 -
MINUTES OF BUSINESS MEETING
www.deschggLorg
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, DECEMBER 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 Dave Doyle, County Counsel, Chris Doty, Road Department;
Nick Lelack, Cynthia Smidt and Will Groves, Community Development; and six
other citizens, including Commissioner -elect Phil Henderson. No representatives
of the media were in attendance.
CALL TO ORDER
Chair Unger opened the meeting at 10:00 a.m.
PLEDGE OF ALLEGIANCE
DESCHUTES COUNTY OFFICIAL RECORDS yJ 701017-9 �
NANCY BLANKENSHIP, COUNTY CLERK lid
CITIZEN INPUT
COMMISSIONERS' JOURNAL 0111312017 02;40;55 PM
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None was offered. 2017 -9
Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 1 of 8
VOTE: DEBONE
:_O_
UNGER:
Yes.
Yes.
Chair votes yes.
Consent Agenda Items:
1. Board Approval of Updated Investment Policy - Board Policy F -10
2. Board Signature of Document No. 2016 -795, a Quitclaim Deed to State of
Oregon
3. Board Signature of Document 2016 -778, an Agreement for Time &
Attendance Software through Andrews Technology
4. Consideration of Board Signature of Letters Regarding the Bicycle and
Pedestrian Advisory Committee: Appointing Elizabeth Oshel through June 30,
2018; and Reappointing Wendy Holtzman through June, 30, 2017.
5. Board Signature of the Minutes of the December 19, 2016 Business Meeting
and Work Session
6. Board Signature of the Minutes of the Budget Committee Meeting of
December 13, 2016
ACTION ITEMS
7. Before the Board was Consideration of Board Signature of Document No.
2016 -792, a Contract for Engineering Design Services for Intersection
Improvements at Burgess Road /Day Road in La Pine.
Chris Doty provided an overview of the agreement, explaining that this is a
part of safety improvements, and will also allow for a traffic signal in the
future. This contract involves acquiring property for right of way purposes.
Commissioner DeBone asked when the lanes will actually be in place. Mr.
Doty stated that it will take up to eight months for the acquisition and
planning, so construction will occur after that, weather permitting.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 2 of 8
Chair Unger asked if it is based on a time and materials process. Mr. Doty
stated that it is based on time and materials with a not to exceed figure, per
negotiations. Acquisition of right of way is the biggest factor.
DEBONE: Move approval of Document No. 2016 -792.
BANEY: Second.
VOTE: DEBONE:
BANEY:
UNGER:
Yes.
Yes.
Chair votes yes.
8. Before the Board was Consideration of Second Reading and Adoption of
Ordinances Regarding a LUBA Remand Issue (Aceti).
Matt Martin gave a brief history of the Ordinances and the actions requested.
There have been no changes to the Ordinances since the first reading.
BANEY: Move second reading by title only of Ordinance No. 2016 -027,
declaring an emergency.
DEBONE: Second.
Chair Unger conducted the second reading of Ordinance No. 2016 -027, by
title only.
BANEY: Move adoption by emergency.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
DEBONE: Move second reading by title only of Ordinance No. 2016 -028,
declaring an emergency.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 3 of 8
Chair Unger conducted the second reading by title only of Ordinance No.
2016 -028, by emergency.
DEBONE: Move adoption by emergency.
BANEY: Second.
VOTE: DEBONE:
BANEY:
UNGER:
Yes.
Yes.
Chair votes yes.
BANEY: Move second reading by title only of Ordinance No. 2016 -029.
DEBONE: Second.
Chair Unger conducted the second reading of Ordinance No. 2016 -029, by
title only.
BANEY: Move adoption.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
DEBONE: Move second reading by title only of Ordinance No. 2016 -030.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the second reading by title only of Ordinance No.
2016 -030.
DEBONE: Move adoption.
BANEY: Second.
VOTE: DEBONE: Yes.
BAN EY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 4 of 8
Commissioner Baney noted that this has been a long journey, but feels this
process got everyone to where they should be. Chair Unger added that it
has been a learning experience for everyone involved.
9. Before the Board was Consideration of Board Signature of Document No.
2016 -763, an Outdoor Mass Gathering Permit (4 Peaks).
Cynthia Smidt provided a revised draft of the permit document, and
explained the process to date. There have been some additional comments,
but some were received after the 5:00 deadline last Friday, December 23,
and cannot be considered.
They looked at the various aspects relating to public safety, traffic, noise
and others. She heard from the Fire Department, and noted that campfires
are prohibited. She was provided with a list of things in Oregon Fire Code
regarding fire hazards. (She read the document at this point, a copy of
which is attached for reference.) The Fire Department will allow for
reasonable activities, and the pond can be used if necessary for fire control.
The Sheriff's Office reviewed the information and encourages the use of
professional private security. Liability coverage and other standards are in
place.
She said that Steven Hultberg, the attorney for the applicant, wishes to
reiterate comments that have already been presented to the Board. Nick
Lelack stated that the applicant has asked if the Board can consider a
compromise regarding having an ambulance on site. This is part of the new
conditions.
Commissioner DeBone said that if the secondary access is well marked and
controlled for use of the ambulance, he feels this is adequate.
Commissioner Baney would prefer to not have an ambulance taken out of
general service for the public. Some residents are concerned and she wants
this to be clear.
Chair Unger added that Fire Departments do this all the time, when one
ambulance is called out and another needs to provide coverage.
Commissioner DeBone wants to be sure there are adequate services but
does not feel it needs to be parked on site.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 5 of 8
Mr. Lelack stated there are three options: an ambulance on site the entire
time; an ambulance there during a certain timeframe on two days; and not
being on site. Commissioner Baney asked if they can include language to
help local residents understand the protocols for an ambulance call -out for
that location. Chair Unger added that there needs to be a timely response,
and she would like it written to show the conditions under which a call -out
would be necessary. The Board does not feel an ambulance is necessary on
site but want to know what happens if one is needed.
Mr. Lelack said there was a concern about there being future, additional
events on site. Under State law, these types of events cannot be approved
for a property any more than once every ninety days. Commissioner
Baney added that this is allowed per State law as an outright use, as long as
reasonable conditions are met.
Mr. Hultberg asked to clarify a couple of issues. Regarding ambulance
access, the address to the facility will be posted at the dedicated entrance.
The medical tent will have trained professionals with the appropriate
equipment to handle any issues that come up. Mr. Hultberg said that they
understand the neighbors' concerns and want this to go well.
Commissioner Baney noted that this group has had a good track record.
Ms. Smidt said that a water truck will be provided if the stock pond is not
more than 50% full at the time of the event. There will not be campers or
others using the area around the pond. Condition #35 will remain;
condition #36 will be removed.
Commissioner DeBone hopes this can be a partnership, and he is glad the
Board had time to give it some thought. He thanked the local residents for
their comments. Commissioner Baney added that the applicant has been
very cooperative as well.
BANEY: Move Board signature of Document No. 2016 -763.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 6 of 8
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9 -1 -1 County Service District, in the Amount of
$80,311.18.
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 -H COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension /4 -H County Service District, in the
Amount of $1,399.21.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
12. Consideration of Approval of Weekly Accounts Payable Vouchers for
Deschutes County, in the Amount of $1,406,917.50.
David Doyle said that the bigger bills were for natural gas, jail kitchen
improvements, BAR dues for the Deputy D.A.'s, and youth services.
Chair Unger noted that the Board inspected the jail last week and found the
facility in great order. Commissioner DeBone added that the kitchen and
laundry facilities are well laid -out.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 7 of 8
Chair Unger said that there are some issues with having to separate
different groups of prisoners, but it works for now. Commissioner Baney
stated that they will need to improve this space in the future, so at some
point it will be a budget consideration.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
OTHER ITEMS
None were offered.
ADJOURN
Being no further items addressed, the meeting was adjourned at 10:35 a.m.
DATED this Day of I ._�C /Y��h 2016 for the
Deschutes County Board of Commissioners.
Alan Unger, Chair
Tammy Baney, Vic Chair
ATTEST:
Anthony DeBone, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, December 28, 2016
Page 8 of 8
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 28, 2016
Allen Conference Room - Deschutes Services Building, 2ND Floor— 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
1. Board Approval of Updated Investment Policy - Board Policy F -10
2. Board Signature of Document No. 2016 -795, a Quitclaim Deed to State of Oregon
Board of Commissioners Business Meeting Agenda Wednesday, December 28, 2016 Page 1
of 3
3. Board Signature of Document 2016 -778, an Agreement for Time & Attendance Software
through Andrews Technology
4. Consideration of Board Signature of Letters Regarding the Bicycle and Pedestrian
Advisory Committee: Appointing Elizabeth Oshel through June 30, 2018; and
Reappointing Wendy Holtzman through June, 30, 2017.
5. Board Signature of the Minutes of the December 19, 2016 Business Meeting and Work
Session
6. Board Signature of the Minutes of the Budget Committee Meeting of December 13,
2016
ACTION ITEMS
7. Board Signature of Document No. 2016 -792, a Contract for Engineering Design
Services for Intersection Improvements at Burgess Road /Day Road in La Pine - Chris
Doty, Public Works Director
8. Consideration of Second Reading and Adoption of Ordinances Regarding a LUBA
Remand Issue (Aceti) - Peter Gutowsky, Planning Manager
9. Consideration of Board Signature of Document No. 2016 -763, an Outdoor Mass
Gathering Permit (4 Peaks) - Cynthia Smidt, Associate Planner
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT
10. Consideration of Approval of Weekly Accounts Payable Vouchers
CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE
DISTRICT
11. Consideration of Approval of Weekly Accounts Payable Vouchers
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
12. 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.
Board of Commissioners Business Meeting Agenda Wednesday, December 28, 2016 Page 2
of 3
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: www.deschutes.orq /meetings
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.
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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.
FUTURE MEETINGS:
Additional meeting dates available at www .deschutes.ori /meetingcalendar
(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 Wednesday, December 28, 2016 Page 3
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