2001-774-Minutes for Meeting October 03,2001 Recorded 10/12/2001DESCHUTES COUNTY OFFICIAL RECORDS j�}
JT S C MARY SUE PENHOLLOW , COUNTY CLERK i�J 2001-7 74
COMMISSIONERS' JOURNAL 10/12/200103:26:24 PM
Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.deschutes.org
Tom De Wolf
Dennis R. Luke
MINUTES OF MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 3, 2001
This morning's meeting was held at Bend High School.
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly.
Also present were Mike Maier, County Administrator; Mike Dugan, District
Attorney; Tom Blust and George Kolb, Road Department; Scott Johnson,
Commission on Children & Families; Timm Schimke, Solid Waste Department;
and George Read, Damian Syrnyk, Paul Blikstad, Barbara Rich and Kevin
Harrison, Community Development. Also attending were Gary Smith and Jean
Mendenhall, Mental Health Department; Rick Isham and Laurie Craghead, Legal
Counsel; Dan Despotopulos, Fairgrounds & Expo Center; Lin Gardner, LHSCC;
Kristi Svendsen of Central Oregon Resources for Independent Living; and Bob La
Combe, Juvenile Community Justice. Media Representatives present were Barney
Lerten of bendnet. com; Jeff Mullins of KBND Radio; and Dana Walters of Z-21
TV. Also at the meeting were Sue Shields, Principal of Bend High School, Al
Hulbert, teacher at Bend High School, several other high school teachers and
staff; and approximately 40 students.
Chair Tom De Wolf opened the meeting at 9:30 a.m. with introductions of County
staff and others in the audience, and there was then a question and answer session
between the students and the Board and County staff.
The students asked a variety of questions, including the following:
• What changes have been made in the operation of the Fairgrounds and Expo Center?
• What is the status of public transportation for this area?
• What is being done to enhance bicycle trails in the area?
• How are road improvements and construction projects handled?
• What are the responsibilities of County government?
• What are the County's top priorities?
Minutes of Board Meeting Page 1 of 10 Pages
Board of County Commis na , Wednesday, October 3, 2001
uty Services Performed with Pride
• Where does property tax money go?
• Does the County have some sort of Constitution?
• How does the County react to the recent terrorist activities?
• How does the County plan housing developments so as to avoid a negative
impact on neighboring property owners?
Chair DeWolf then opened the formal meeting of the Board of Commissioners.
5. Before the Board was Citizen Input.
None was offered.
6. Before the Board was the Reading of a Proclamation Declaring October as
"National Disability Employment Awareness Month". - Lin Gardner of
LHSCC; and Kristi Svendsen of Central Oregon Resources for Independent
Living
Chair DeWolf read the Proclamation to the audience. Lin Gardner and Kristi
Svendsen then explained that this is the eighth consecutive year the Board has
acknowledged this event, and gave a brief overview of the activities planned for
the month.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
7. Before the Board was the Reading of a Proclamation Declaring the Week
of October 7 through 13 "National 4-11 Week".
Chair DeWolf read the Proclamation to the audience.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 2 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
8. Before the Board was Consideration of Signature of an Agreement with the
Deschutes Children's Foundation for the Use of a Portion of the Becky
Johnson Community Center in Redmond.
Gary Smith explained that mediation is a requirement during divorce
proceedings, and this agreement provides for a half-time mediator who will
work out of the Becky Johnson Center.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
Due to time constraints, the Board went to Agenda Item #13 at this time.
13. Before the Board was Consideration of a Decision (Continued from
Wednesday, September 26) Whether to Hear an Appeal Submitted by
Tumalo Irrigation District on the Hearings Officer's Denial of a Plan
Amendment and Zone Change (Changing 430 Acres from Forest Use to
Exclusive Farm Use).
Paul Blikstad gave a brief overview of the issue. He stated that the applicant
wants to rezone property from Forest Use to Exclusive Farm Use, which are both
resource zones, the most protected lands in the County. He said the Hearings
Officer denied the application, so the property owner has asked that the Board
consider hearing it; if the Board chooses not to hear it, the applicant can appeal to
the state.
Commissioner Daly previously indicated he would like to hear it; Chair DeWolf
does not wish to; leaving Commissioner Luke as the deciding vote.
Chair DeWolf explained that state law is not always logical, and the Board can
only review what is in writing at this point.
Commissioner Daly stated that the 430 acres is basically juniper and sagebrush,
and to his way of thinking was zoned Forest Use in error. Tumalo Irrigation
District would like to have the zoning changed so it can sell the property at a
higher price, in order to generate funds for their canal -lining project. He said that
it is common sense to him to consider it and well worth hearing.
Minutes of Board Meeting Page 3 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
Commissioner Luke explained that it is a tough decision, and unfortunately land
use does not always make common sense. Decisions have to be made based on
existing laws to avoid having decisions overturned.
He said he has no idea why it was zoned Forest Use, F-3, a low-grade forest.
However, he feels the applicants have not made their case, and people can't
expect to rezone just to make more money off their property. A decision like this
could set precedent and have a large impact, affecting possibly hundreds of
properties. Therefore, he will be upholding the Hearings Officer's denial.
LUKE: I move to uphold the decision of the Hearings Officer.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: No.
DEWOLF: Chair votes yes.
14. Before the Board was Consideration of Signature of a Contract between
Deschutes County and Kreines & Kreines, Inc. for the Review of Proposed
Amendments to the County's Wireless Telecommunications Facilities Land
Use Regulations.
Damian Syrnyk explained that this company specializes in cellular tower issues
throughout the country. He said they would hold public workshops and would
make a presentation of their findings to the Board of Commissioners.
Chair DeWolf stated that this is obviously a very contentious issue, and
working with experts who have specialized in this issue can assist in guiding
decisions and help everyone come to terms with it. He said that many people
were involved with the development of the ordinance, including individuals
representing the cellular technology industry.
Commissioner Daly said that in his opinion expert assistance is needed, as he
feels the existing ordinance is outdate and overly restrictive. He stated that he
thinks more cellular towers are necessary to provide for public safety, and he
hopes that the Commissioners and public can work together to address this
issue.
LUKE: I move approval.
DALY: Second.
Minutes of Board Meeting Page 4 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
15. Before the Board was Consideration of Final Approval and Signature of a
Decision Denying SBA Communications' Request for a Conditional Use
Permit to Establish a Wireless Telecommunications Facility in the Sunriver
Business Park.
Commissioner Daly stated that he still feels this facility should have been
allowed in some form in the Sunriver Business Park.
LUKE: I move approval of this decision to deny the application, as
presented to the Board in writing and through updates sent to them
via e-mail.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: No.
DEWOLF: Chair votes yes.
16. Before the Board was Consideration of a Continued Hearing (Scheduled or
Wednesday, October 3 at 4:00 p.m. - Continued from August 22) on an Appeal
Regarding Mericom Corporation's Request for a Conditional use Permit to
Establish a Wireless Telecommunications Facility in La Pine.
Damian Syrnyk said that everything is in place to continue the hearing later in
the day, as scheduled.
5. Before the Board was Consideration of Signature of a Letter Appointing
Dr. Allen Merritt as a Member of the Deschutes County Commission on
Children & Families, through December 31, 2005.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 5 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
6. Before the Board was Consideration of Signature of an Amendment to the
2001-2002 "Mountain Star Relief Nursery" Contract between Deschutes
County and the KIDS Center, to Include Additional State Funds for Crisis
Nurseries.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Signature of a Contract between
Deschutes County and the University of Oregon for the Evaluation of the
Community Youth Investment Program.
LUKE: I move approval.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
8. Before the Board was Consideration of Signature of Vendor Contracts for
the Installation of Experimental On -Site Sewage Disposal Systems under
the La Pine National On-site Demonstration Project.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
9. Before the Board was Consideration of Signature of License Agreements
between Deschutes County and One Property Owner for Participation in
the La Pine National Demonstration Project.
LUKE: I move approval.
DALY: Second.
Minutes of Board Meeting Page 6 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
10. Before the Board was Consideration of Signature of Agreements between
Deschutes County and Bend Administrative School District, Redmond
School District, Sisters School District, Brothers School District, St. Francis
School, Meadowlark Manor, and J Bar J Youth Services for Sanitary
Inspection of School Food Service Facilities.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
11. Before the Board was Consideration of Signature of Order No. 2001-097,
Assigning the Name of Abbey Road to an Unnamed Access Road.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
12. Before the Board was Consideration of Signature of Order No. 2001-098,
Changing the Name of Mallard Drive (near La Pine) to Avocet Drive.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 7 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
17. Before the Board was Consideration of Signature of Order No. 2001-099,
Setting a Date for a Public Hearing for Petitions Filed for Annexation of
Certain Properties into Bend Rural Fire Protection District No. 2.
Laurie Craghead explained that the date set for the hearing is October 24, 2001,
at Sisters High School.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
18. Before the Board was Consideration of Signature of Order No. 2001-093,
Ratifying the Appointment of County Residents to the Board of Property
Tax Appeals.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
19. Before the Board was Consideration of Approval of an Agreement between
Deschutes County and the Department of the Interior - Bureau of Land
Management for the Wildland Urban Interface Project.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
20. Before the Board was Consideration of Acknowledgment of a Grant
Award from the Deschutes National Forest for the Defensible Space in an
Urban Interface Management Plan Project.
LUKE: I move approval.
DALY: Second.
Minutes of Board Meeting Page 8 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
21. Before the Board was Consideration of Signature of Resolution No. 2001-
074, Adopting Deschutes County's Self-insured Plan Document and
Summary Plan Description for Employee Medical, Dental and Vision
Benefits.
LUKE: I move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
22. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $3,434.50.
LUKE: I move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
23. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$5,923.65.
LUKE: I move approval, subject to review.
DALY: Second.
Minutes of Board Meeting Page 9 of 10 Pages
Board of County Commissioners Wednesday, October 3, 2001
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
24. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $593,205.60.
LUKE: I move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Second.
DEWOLF: Chair votes yes.
25. ADDITIONS TO THE AGENDA
None were offered.
Being no further items brought before the Board, Chair Tom De Wolf adjourned the
meeting at 11:05 a.m.
DATED this 3rd Day of October 2001
Commissioners.
ATTEST:
Recording Secretary
Minutes of Board Meeting
Board of County Commissioners
for the Deschutes County Board of
Tom be If, Chair
Dennis R. Luke, Commissioner
AZI,
ichael M. aly,ommissioner
Page 10 of 10 Pages
Wednesday, October 3, 2001