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2017-40-Minutes for Meeting August 14,1996 Recorded 2/23/2017REVISED MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, August 14, 1996 Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order 10:06 a.m. County Commissioners present were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Brad Chalfant, Property Manager; Kevin Harrison, Principal Planner; Paul Blikstad, Planner; George Read, Community Development Director; Bruce White, Assistant County Counsel; Sue Stoneman, Community Relations Specialist; and Damian Syrnyk, Planner. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF 4-H/EXTENSION COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,265.79. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF 9-1-1 COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $1,094.63. SLAUGHTER: I move approval upon review. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES DESCHUTES COUNTY OFFICIAL RECORDS CJ 2017.40 NANCY BLANKENSHIP, COUNTY CLERK 1r�1 4Y COMMISSIONERS' JOURNAL 02/23/2017 11:52:55 AM 1 AUGUST 14, 1996 11111111111111 2017-40 CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Board was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $511.20. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 4. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) award of Contract to Bend Aggregate & Paving for Paving at Knott Landfill; (2) approval of Public Works employees attending APWA Street Maintenance and Collection Systems School and Skills Demo; (3) approval of out-of-state travel for Deborah Brockman; (4) signature of Contract between Deschutes County Health Department and Jesuit Volunteer Services; (5) signature of Grant from Oregon Health Division for Family Planning and HIV Consortia; (6) signature of Resolution No. 96-110, appropriating New Grant Funds for Human Services; (7) signature of Contract with Baker County Council on Alcohol & Drug Problems for services; (8) signature of Contract with Rogue Recovery Programs for treatment services; (9) signature of Intoxicated Driver Fund Access Agreement with Rogue Recovery Programs; (10) signature of Residential Treatment Grant Agreement with Rimrock Trails Adolescent Center; (11) signature of Personal Services Contract and Joint Declaration with Geoffrey Hyde; (12) signature of 1996/97 Contract with Central Oregon Resources for Independent Living (CORIL); (13) signature of 1996/97 Contract with Residential Assistance Program; (14) signature of Amendment to KIDS's Center Contract; (15) signature of 1996/97 Contract with Opportunity Foundation of Central Oregon; (16) signature of second Contract Amendment to Deschutes County Transportation System Plan; (17) signature of Final Plat for MP -95-34, a two parcel partition on 40 -acres in the EFU-TRB Zone; and (18) signature of Liquor License renewals for La Pine Book Store, Sisters KOA Campground, La Pine Mini Mart, Wood Mark Bowl, Tumalo Feed Company, Niblick & Green's, Quail Run Golf Course, Ponderosa Pizza, Sunriver Chowder House, Bend Golf MINUTES 2 AUGUST 14, 1996 Club, Ivy's Tumalo Store, Hook, Wine & Cheddar, Sunriver Lodge & Resort, Lucky's Tavern, West Village Lodge, Pine Marten Lodge, Mt. Bachelor Mini -lodge, Sunrise Lodge, Mt. Bachelor Main Lodge, Nordic Lodge, Coho Grill, and Village Bar & Grill. NIPPER: SLAUGHTER: I'll second that. I'll move approval of consent agenda items. VOTE: SCHLANGEN: SLAUGHTER: NIPPER: YES YES YES 5. PUBLIC HEARING ON SIGNATURE OF ORDER NO. 96-076. AUTHORIZING THE EXCHANGE OF REAL PROPERTY WITH BEND FURNITURE COMPANY AND, SUMMIT PARTNERS Before the Board was a public hearing on signature of Order No. 96-076, authorizing the exchange of real property with Bend Furniture Company and Summit Partners. Brad Chalfant reported the maps illustrated the property for exchange. He stated the County had a 113 -acre parcel east of Bend which was the proposed property to be exchanged with Summit Partners and Bend Furniture. Summit Partners and Bend Furniture owned property on NE Kearney which they would exchange for a low income housing project for disabled individuals. The properties that were proposed for exchange have approximately equivalent values. He stated the county would be getting a little more value. He recommended the county move forward with the exchange. Chair Schlangen opened the public hearing. Gary Everett, Vice President Deschutes Housing Solutions, testified there would 11 units of housing for young handicapped adults. He stated this was their first project and they hoped to do more in the future. There would be some shared parking arrangements. There being no public hearing. SLAUGHTER: NIPPER: VOTE: MINUTES further testimony, Chair Schlangen closed the I move signature of Order No. 96-076, authorizing exchange of real property with Bend Furniture Company and Summit Partners. I'll second it. SCHLANGEN: SLAUGHTER: NIPPER: 3 AUGUST 14, 1996 YES YES YES 6. PUBLIC HEARING ON THE GARCIA ANNEXATION INTO RURAL FIRE PROTECTION DISTRICT #1 Before the Board was a public hearing on the Garcia Annexation into Rural Fire Protection District #1. Bruce White stated this was to annex property of six different owners into Rural Fire Protection District #1. He stated one of the requirements was that the fire district approve the annexations. The fire district approved the properties except those north and east of the river. There were two property owners (Harper and Gregerson) which would not be included. The fire district was not supportive of the two properties across the river because they could not get to those locations to serve them. Bruce White proposed the record be kept open for two weeks in order to notify the two property owners. Chair Schlangen opened the public hearing. There being no testimony, Chair Schlangen closed the public hearing. Written testimony would be accepted through August 27, 1996, at 5:00 p.m. 7. APPROVAL OF TEMPORARY USE PERMITS FOR MODULAR CLUBHOUSE AND MAINTENANCE BUILDING FOR LOST TRACKS GOLF COURSE Before the Board was approval of a temporary use permit for a modular clubhouse and maintenance building for Lost Tracks Golf Course. Paul Blikstad reported there were two temporary use permit applications before the Board. One of the temporary use permits was for the clubhouse building at the Lost Tracks Golf Course. The second temporary use was for a maintenance building. Paul Blikstad reported there was a site plan application for the maintenance building which was going before the hearings officer on August 20, 1996. The temporary use permit was a development permit, not a land use action, which means that this was not a public hearing. In this instance the decision was deferred to the Board, due to the circumstances surrounding this issue. Paul recommended that this not be a public hearing, but it was up to the Board whether they would like to accept testimony from the audience. Paul reported there were six criteria that had to be met in order to comply for a temporary use permit. Paul reviewed the criteria with the Board. Paul stated the biggest issue of opposition was the open space. The golf course was recognized as open space. The club house, parking lot and maintenance building are in the MINUTES 4 AUGUST 14, 1996 area designated as open space. These buildings do not constitute open space and this area would need to be replaced or made up by some other area in the project. He suggested Phase 3 could be modified. Phase 3 had not been platted at this time therefore there was more than enough open space. Commissioner Slaughter asked if a temporary use would expire if no decision had been reached within 6 months. Commissioner Nipper asked if Legal Counsel had the definition of a golf course with them. (Bruce White left the meeting to get the definition for Commissioner Nipper.) Commissioner Schlangen stated this was not a public hearing and felt there was no need for testimony to be accepted. George Read reported the maintenance building was an accessory part of the golf course. The issue was that the golf course serves as the opened space for the subdivision. Since the maintenance building was not considered to be open space, then the area around the maintenance building cannot be considered open space. He felt the biggest issue was that the maintenance building and clubhouse exceed the 65% open space allowed for the subdivision. Commissioner Nipper stated that included in the definition of golf course was accessory structures. The stated that if golf course was included as open space it would also include the maintenance building. George Read stated that in other applications the accessory structures have not been included as open space uses. Commissioner Schlangen stated the open space can be met in the platting of the third phase. George Read stated the recommendation was not to file for the temporary use permits because it was not an appealable issue at the local level. If they appealed, it would go to LUBA. Rick Isham asked if there was a public notice given for this permit application. George Read stated there was no notice. Rick stated the only notice would be that which was on the Board's agenda. George Read stated the temporary use permits have their own status. They have always been treated as development permits. NIPPER: I will move that we consider the Lost Tracks Golf Course temporary use permit applications be treated as development actions. MINUTES 5 AUGUST 14, 1996 SLAUGHTER: I'll second. VOTE: NIPPER: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES I'll move that we not grant a temporary use permit for the club house at this time, subject to the decision of the hearings officer. SLAUGHTER: i'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES NIPPER: I'm going to move that we grant a temporary use permit for the maintenance building at Lost Tracks Golf Course. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. SIGNATURE OF ORDERS NO. 96-064 AND 96-065, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 96-064 and 96- 065, authorizing the refund of taxes. SLAUGHTER: I move signature on Orders No. 96-064 and 96- 065. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS. Before the Board was approval of the weekly accounts payable vouchers in the amount of $469,069.52. SLAUGHTER: I move approval upon review. NIPPER: Second. MINUTES 6 AUGUST 14, 1996 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. SIGNATURE OF ORDER NO. 96-085, DESCRIBING A CLASS OF APPEALS OF LAND USE APPLICATIONS ON WHICH THE BOARD OF COUNTY COMMISSIONERS DECLINE REVIEW Before the Board was signature of Order No. 96-085, describing the class of appeals of Land Use Applications which the Board of County Commissioners decline review. George Read stated there had been a problem meeting the 120 day deadline. He had done some calculations on how they could meet the 120 day deadline and keep the procedures intact, and felt that it was not possible. He explained that under the present procedures, if there was an appeal, a person has 10 days after the Hearings Officer's decision to file an appeal. They then have 15 days to file a transcript. He stated after getting a tape and submitting a transcript, 25 days would have gone by. At that time they needed to set a meeting with the Board to discuss whether they wanted to hear the issue. George stated they are usually working with the applicants or their attorney to try to get them there, which adds at least two more weeks. That put the time line at 39 days. After the Board decides to hear an issue, notice has to be provided. In order to get a notice in the Bulletin, 3 to 4 days lead-in time was needed, which makes another 15 days for notice. Then the hearing has to be scheduled for a Wednesday Board Meeting, which means 21 days to get it to a hearing. The time line is now at 60 days. The there would be a hearing and the Board directs the staff to write a decision which would add another two weeks. When you add all of this up, it makes it very difficult to meet that deadline with the present procedure. George proposed an interim step that gets them out of this problem, which would still provide the Board the opportunity to participate in the land use and important policy issues while still meeting the 120 day rule. George felt this was an interim step which would allow the Board to avoid the mandamus for exceeding the 120 days. Commissioner Schlangen asked if they were looking at things like the 15 days for written transcript, working with the Hearings Officers to have a waiver of the 120 days signed if the applicant asked for a continuance, or what sort of things can be done to fix it. Rick Isham felt there were a lot of different things that can be done. MINUTES 7 AUGUST 14, 1996 Commissioner Nipper felt there needed to be another meeting on this because he was not ready to move on this today. He was not sure it was the answer. Commissioner Schlangen felt the Board needed to do something. Bruce White stated he knew this was not the answer, but it would be an interim step. He stated there were a couple of cases that were staring them in the face that they knew they cannot meet. Commissioner Nipper stated that the Hearings Officer's decision being final bothered him a great deal. He felt the hearings officer's decision being final for the County was taking away the Board's governance over land use decisions and he was not willing to do that. Bruce White stated the Board would lose their governance over land use decisions if it ended up in mandamus. Then the Board's attorney's would be incurring time spent defending mandamus cases, when it would be more productive to change the procedures ordinance. Rick Isham stated he knew the Board needed to maintain their authority of land use issues. He stated that if an appeal came in on the 100th day, you have 20 days to do what it would take 60 days to do. Rick felt that what this did was require instantaneous response in that 21 day period. This says that if you file the notice of appeal after the 100 days, it is too late. If there were appeals filed without a waiver on the 110 or 119 day, the Board would not have the opportunity to hear it anyway. Commissioner Nipper felt the bottom line problem was the 120 days was not a practical time limit for this to occur in and he stated the legislature should be addressed to change the 120 day rule. Commissioner Nipper asked if this was something that would be rescinded once the 120 days had been changed. Bruce White stated that within a month they would come back with ordinance changes that were designed to alleviate the 120 day problem as much as possible and to implement procedures at the staff level and Hearings Officer's level so the County is not backed into these situation Commissioner Nipper asked how the ordinance changes would get beyond state law. Bruce stated the Planning Department need not accept applications unless they were complete, so that the 120 days doesn't start to run until a complete application was submitted. He stated that George Read has a proposal that we MINUTES 8 AUGUST 14, 1996 give notice even before we accept application so that we know even before the 120 days run and we will know right up front whether there was going to be problems. He felt he could come back with a package that would cut down some of the procedural steps and to remedy some of these problems. There may be cases that would press the Board with the 120 days, but he felt the County needed to take whatever steps they could to deal with this right now and not wait for legislative changes that may or may not ever come. Commissioner Nipper asked Bruce if he would agree that we should pursue that. Bruce felt more flexibility was needed. He stated that on the one hand the legislature says that we need to make findings, and we have to take all these steps, and give notice, and on the other hand they say that all of it has to be done in 120 days. George Read stated that normally they tried to work things out so the 120 day was not a problem. Generally when the County has exceeded the 120 days, it was when they had tried to play arbitrator and get everything taken care of to the applicants benefit. He stated that occasionally there have been problems with the Hearings Officer's decisions taking too long. He stated something needed to be done about that too. Commissioner Nipper felt George had been working on that by clarifying the contract. George stated there were still some problems. He felt that it needed to spelled out and let everyone know how it works. Bruce White stated it was not the intent to cut the Board out, and this order would do that, but they do not want this order to remain in place very long. The changes would be back to correct this as soon as possible. The City of Portland has the applicant, within the first 14 days, waive the 120 days if they want to be assured of a de novo hearing before the City Commission. Rick Isham stated that this did not change anything for the Board because at the 100th day the Board would not have a realistic opportunity to hear an issue anyway. He felt this order acknowledged reality. He stated that 21 days before the running of the 120 day period, if you don't have an appeal pending, you are not going to hear that issue anyway. Commissioner Nipper stated he agreed. Bruce White stated these are the kinds of fixes they had been talking about. He felt they needed more time. He reported there was a demand letter, which was delivered yesterday, MINUTES 9 AUGUST 14, 1996 concerning an application where the 120 day probably runs on Sunday. Commissioner Schlangen stated to Commissioner Nipper that he should have the letter on his desk. Commissioner Slaughter stated they needed to avoid the possibility of the time running out when there was no control. Commissioner Schlangen stated that she did not want the Board to give up the authority and ability to hear these issues. She felt a solution should be developed as soon as possible. She stated she saw no solution other than the one in front of the Board right now. Bruce White stated there were some changes in the Order. He referred to the bottom of paragraph one where is said accordingly no appeal of such cases shall be entertained, he would like to replace that sentence with another one that said, accordingly, the Board of County Commissioners of Deschutes County, shall not consider the notice of appeal of any land use decision for the above class of cases because the Hearings Officer decision constitutes the final decision of the County. Bruce felt this made cleared what the consequence is of the Hearings Officer's decision being final. Commissioner Nipper asked if the voting in of this order would it effect the Lost Tracks Golf Course. George Read stated no because there was no Hearings Officer's decision. George stated there was one other application which was over 90 days in the system. George stated he would be meeting with the Hearings Officer's today to remind them to get their decisions out as soon as possible. He felt that under the new contract the decisions should be quicker. Rick Isham stated that they could not get their job done if the Hearings Officer's don't respond immediately. Commissioner Nipper stated he had problems with this because Hearings Officer's make mistakes and this was asking the Board to turn over their decision as the final decision of this County without the ability to come before the Board. Bruce White suggested adding a provision that says prior to the effective date of this order, or prior to the passing of the 100th day, that allows an applicant to weigh the situation and decide whether he wishes to not have the 120 days apply. He stated there was some risk of an applicant saying that the County was compelling them to waive it and take an action. He stated the Board already has the authority not to hear any appeals. MINUTES 10 AUGUST 14, 1996 Commissioner Schlangen stated she wanted the ability to hear, if the Board wanted to do so. Bruce White stated that if an applicant really wanted the Board to hear an appeal, he has it within his power to waive applicability of the 120 day time limit. Commissioner Schlangen felt there was no other choice but she would like to make it for as short as time as possible. Commissioner Nipper felt this was a move for the Lost Tracks Golf Course application to be yanked directly out of the Board's hands and into a final decision by a Hearings Officer which would be the final decision of the County. He stated he was having problems with that. George Read felt that the language change that Bruce proposed would take care of that problem. If the applicants wanted a hearing before the Board, before that 100 days, which was probably 40 to 60 days from now, all they have to do was waive the 120 days and the Board would have all the options that they have today. The choice to allow the Board to hear it would then be in the hands of the applicant, not the Hearings Officer. Commissioner Nipper stated that in essence we were forestalling their ability to file for a mandamus. NIPPER: I would move signature of Order No. 96-085, as amended by Legal Counsel. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 11 AUGUST 14, 1996 DATED this 14th day of August, 1996, by the Deschutes County Board of Commissioners. Akue (9,o Nancy P Scilangen, Chair Barry H. Slaughter, Commissioner 2 b-4 Recording Secre ary Rob rt L. Nipper, Coxth ibsioner MINUTES 12 AUGUST 14, 1996