HomeMy WebLinkAbout2013-06-17 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
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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
MONDAY, JUNE 17, 2013
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Alan Unger and Anthony DeBone; Commissioner
Tammy Baney was out of the office. Also present were Tom Anderson, County
Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead,
County Counsel; Sheriff Larry Blanton and Capt. Mike Espinoza; and six other
citizens.
Chair Unger called the meeting to order at 10:00 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Citizen Elise Wolf said she had a conversation with a proponent of House Bill
3536 last month, and she is also getting commentary from the legislative side.
She wants the Board to be sure what is in the bill is understood. It creates a
housing development allowing 50% development. The property is at least
1,000 acres, but there could be more. It could involve any zoning, such as EFU,
rural residential or mining. Vaguely referenced are commercial uses including
stores and restaurants. Another point is there has been some discussion of
adding up to 2,300 homes. This bill appears to have no stopping point. There
could be over 400 homes plus overnight lodging, at 25% residential.
The only criteria is that the overnight lodging can be homes but on 5,000 square
foot lots. In comparison, Black Butte Ranch has 335 homes plus lodging. They
will have carte blanche to build Black Butte Ranch and a mini-Sisters. It
bothers her that this is not fair or just, so they wi ll probably get sued.
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
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This is said to be a compromise bill. That would be the Metolius agreement.
They included the provisions of the Metolius bill, but she does not know how
that relates to sections 1 through 3. This is not beholden to State or County
rules, and it is confusing. She has a master’s degree in rhetorical analysis, and
she finds it vague. Among other things, Whychus Creek would be mitigated.
Twenty years ago the creek was dry. Groups got involved and now it has a lot
of water in it. That does not mean this proposal won’t impact it.
This bill emasculates the County and usurps the County’s authority. It is
written with arrogance and is an insult to the community. She said she is a
business owner and a moderate, but this makes her livid because it is not fair.
This is not low-density and does not offer more open space than RR-10, and is
not environmentally friendly. Destination resorts do not bring kids to the
schools and the locals won’t be able to buy property there.
__________________________
Whitney Lowe indicated that Ms. Wolf covered her comments. Ms. Low
wanted to speak in opposition as well.
__________________________
William Kuhn said he agrees with them. This also opens up a major problem
for CDD and the ridiculous things they will have to deal with.
He said he met with Administration on Friday, along with a senior planner and
the CDD Director, on how to deal with an application for a declaratory ruling
requested by the other party in a cluster development. He said he has had to
endure being harassed and insulted. The other party hired a felon to come onto
his property to assault them. Eleven years ago the Dowells were ordered to
enter into a homeowners ‘agreement, which was not appealed, but went to court
three times to try to force him into a meaningless document that gives him no
protection.
The Board made a decision in an appeal that there must be a homeowners’
association agreement. LUBA said this interpretation was correct, if conditions
are acceptable to both parties. He can offer ideas on what is acceptable, but
both parties have to agree. It does not make sense. He wondered why the
County is taking their money.
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
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He stated he has a simple suggestion. He feels that the left foot does not know
what the right foot is doing here, with changes in personnel and no institutional
memory of what is going on. He has offered stacks of paper. Some of this
wasn’t even read before decisions were made. There is a simple solution.
Instruct Tom Anderson to write a letter to the other party. Have that letter say
that the County has already ruled on this matter. Quote the LUBA case to them.
Tell them they have to work this out and to stop shooting themselves in the foot
and him in the back. Include that a judge has already ruled and the County has
no authority to overturn this.
Another idea is for the Board to call a formal discussion and invite both parties
to this discussion. Allow the participants to talk and offer evidence. Then ask
how to move this forward or make a recommendation. He asked if the Board
has considered this. Or, appoint a panel made up Judge Sullivan, (former)
Senator Telfer and retired Oregon Department of Forestry Chief Mike Golden.
Have them review the protections that have been lost on Sisemore Road. That
would come the closest to what PL-13 and PL-14 required be done 34 years ago
when the cluster was created. The Board could ask CDD to make a declaratory
ruling then. The question is, was the process fair to both parties. He feels it
was not.
He strongly recommends that the Board encourage CDD to move this to the top
of its list, as a text amendment requested ten years ago. To get a permit, people
have to complete the requirements of the conditional use.
Or the Board can do nothing. The downside of that is that the Board will have
to listen to him. He said he would come in every time they have a public
meeting and speak. The Board will spend hours when he has to come and talk
about what is going on there. There will be lawsuits involved. He emphasized
he and his wife are not victims. They are warriors. He is tired of Mr. Dowell
coming to his property and changing his spy cameras to point them at his house.
This has gone on long enough.
Also, he feels County legal counsel made false and misleading statements to
judicial tribunals. He will pursue this if it goes any further. If this turns out in
their favor, every decision made will be reviewed as to whether what was said
was right.
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
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He will give the County a week to decide which option will be taken, until 5
p.m. on Monday, June 24. He will want to know if the Board wrote a letter or
instructed the former County Administrator to write one. This letter never went
to the Dowells as there is no evidence of a mailing to them.
He added this needs to be done now to make it right, and to have a nice day.
__________________________
Commissioner Unger noted that HB 3536 was introduced by a Representative
and is moving through the political process. This is n ot lost on the
Commissioners.
3. Before the Board was Consideration of Board Signature of Document No.
2013-345, an Addendum to an Intergovernmental Agreement with
Jefferson County regarding the use of Jail Beds.
Sheriff Blanton and Capt. Mike Espinoza indicated that this amends the original
contract. They have a good relationship with Jefferson County. The jail is
moving forward with the remodel expand by about 144 beds and to address
special inmate needs.
For fiscal year 2013-14, they will review the Jefferson County agreement on a
90-day basis. Someday they will no longer need those beds. There are no
issues there, as they know what is going on. It might get to a point where more
beds are needed before the project is done, since the jail population is cyclical.
He is thankful Jefferson County can help at this time. The cost is $63.93 per
day for just the bed and daily care and feeding, not considering medical issues.
Capt. Espinoza said they have a good relationship with them. This is critical
while the remodel continues.
Chair Unger noted that they are on the right track. This gives flexibility and he
appreciates the cooperation. The goal is to get the remodel done as quickly as
possible to avoid having to transport prisoners.
DEBONE: Move signature of Document No. 2013-345.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
__________________________
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
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Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval of Consent Agenda minus the minutes, which he
has not yet reviewed; and item #9 which is not ready for signature.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
Consent Agenda Items
4. Board Signature of Resolution No. 2013-059, Transferring Appropriations
within the Deschutes County Health Benefits Trust Fund
5. Board Signature of Resolution No. 2013-060, Transferring Appropriations
from the General Fund Contingency to the General Fund Property Management
– Administration Department
6. Board Signature of Resolution No. 2013-061, Transferring Appropriations
within the Deschutes County GIS Dedicated Fund
7. Board Signature of Resolution No. 2013-062, Transferring Appropriations in
the Building Services Fund
8. Board Signature of Resolution No. 2013-063, Transferring Appropriations in
the Sheriff’s Office Fund
9. Board Signature of Document No. 2013-325, a Quitclaim Deed regarding
Foreclosed Property
10. Approval of a Grant Application for Sheriff’s Office Communications
Equipment, from Bureau of Justice Assistance JAG Program
11. Approval of Minutes:
Work Sessions of May 29 and June 5, 2013
Business Meetings of May 29 and June 12, 2013
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
12. Before the Board was Consideration of Chair Signature of Document No.
2013-338, the Jefferson County Abstract Acceptance Form from the May
21, 2013 Election of the 9-1-1 Local Option Levy.
Minutes of Board of Commissioners’ Business Meeting Monday, June 17, 2013
Page 6 of 7
Laurie Craghead said the Jefferson County Clerk has asked that this abstract be
formally approved.
DEBONE: Move signature of Document No. 2013-338.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
13. Before the Board was Consideration of Board Signature of Order No. 2013-
026, Declaring the Result of the May 21, 2013 Measure Election on the
Deschutes County 9-1-1 County Service District Local Option Levy.
Ms. Craghead said this is part of the election process which considered both
Deschutes County and some Jefferson County votes. Chair Unger stated that he
is pleased that they are able to do this, as it is vital to 9-1-1 services.
DEBONE: Move signature of Document No. 2013-345.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District.
This item will be addressed at a later date, as the numbers were not yet
available.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District.
This item will be addressed at a later date, as the numbers were not yet
available.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County.
This item will be addressed at a later date, as the numbers were not yet
available.
17. ADDITIONS TO THE AGENDA
None were offered.
Being no fitrther items discussed, the meeting adjourned at 10:40 a.m.
DATED this /O~DaYOf ~ 2013forthe
Deschutes County Board of CommissionerS:
~~
Alan Unger, Chair
Tammy Baney, Vice Chair
ATTEST:
Anthony DeBone, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday,June 17,2013
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
•
Agenda Item of Interest I//'5 $' r=3G
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Name U Lc..J c / J-.C:;.I!C --~--~~~~~~~vr------------------------------
Phone #s ,54(-7;Z ~-;;/:;{ 0 ?
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o In Favor D NeutrallUndecided ~posed
Submitting written documents as part of testimony? ~/ 0 No
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest ----:.,/-/,_,_6 Date 2__-.:S--:;...S---:;...7--i?'--_________ ~
Name W£-e><J;r h& <o.A--'L
Address ~ '7 2 D 0 h~.J2 Ue
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E-mail address _______________________________
D In Favor D NeutrallUndecided Q-opposed
Submitting written documents as part of testimony? [l}¥es 0 No
-----------------------------------------------
-------------------------------------------
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest Ell b 1, t.. ~ k 1>' ""1-Date Zc rl G (" flo{
Name tJ ~u~o. V\Y k!l h'f'..
Address ?() s9't (,
Phone #s
E-mail address
o In Favor o NeutrallUndecided o Opposed
Submitting written documents as part of testimony? DYes D No
To: Deschutes County Board of Commissioners
From: Captain Erik Utter
Date: June 12,2013
Subject: Proposed Grant Application for the Deschutes County Sheriff s Office
The Deschutes County Sheriff's Office is requesting Board of Commissioner approval to submit
a grant application on behalf of the County. A summary of the grant opportunity follows:
Program:
Funding Agency:
Due Date:
Amount:
Matching Funds:
Duration:
Background:
Deschutes County Sheriff's Office Interoperable Communications
Equipment Purchase. The Sheriff's Office will purchase modems for
patrol cars. The modems will enable the in-car mobile data terminals
(MDTs) to have a data link: between the patrol vehicle and the 911 center,
through which deputy sheriffs will have access to records information.
The Sheriffs Office will also purchase software licenses to meet Criminal
Justice Information System (CJIS) requirements to ensure that data
connections between 911 Dispatch and the in-car mobile data terminals is
encrypted.
Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance
Grant (JAG) Program
July 9,2013
$22,912.00
None
Two years: October 1, 2012 through September 30,2014
The funding provides states and units of local governments with critical
funding necessary to support a range of programs, including law
enforcement equipment purchases. The County has received funding
from the JAG Program on an annual basis since 2006.
Please contact Captain Utter at 541-617-3368 or Pat Davis, Sheriff's Office Legal Assistant, at
541-617 -3367 if you have questions concerning this request.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JUNE 17,2013
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. 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 calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public
hearing will NOT be included in the official record ofthat hearing.
3. CONSIDERATION of Board Signature of Document No. 2013-345, an
Addendum to an Intergovernmental Agreement with Jefferson County
regarding the use of Jail Beds -Larry Blanton, Mike Espinoza and Darryl
Nakahira, Sheriff's Office
Suggested Action: Move Board signature ofDocument No. 2013-345.
CONSENT AGENDA
4. Board Signature of Resolution No. 2013-059, Transferring Appropriations
within the Deschutes County Health Benefits Trust Fund
5. Board Signature of Resolution No. 2013-060, Transferring Appropriations
from the General Fund Contingency to the General Fund Property Management
-Administration Department
6. Board Signature of Resolution No. 2013-061, Transferring Appropriations
within the Deschutes County GIS Dedicated Fund
Board of Commissioners' Business Meeting Agenda Monday, June 17,2013
Page 1 of6
7. Board Signature of Resolution No. 2013-062, Transferring Appropriations in
the Building Services Fund
8. Board Signature of Resolution No. 2013-063, Transferring Appropriations in
the Sheriff's Office Fund
9. Board Signature of Document No. 2013-325, a Quitclaim Deed regarding
Foreclosed Property
10. Approval of a Grant Application for Sheriff's Office Communications
Equipment, from Bureau of Justice Assistance JAG Program
11. Approval of Minutes:
• Work Sessions of May 29 and June 5,2013
• Business Meetings of May 29 and June 12,2013
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
12. CONSIDERATION of Chair Signature of Document No. 2013-338, the
Jefferson County Abstract Acceptance Form from the May 21,2013 Election of
the 9-1-1 Local Option Levy -Laurie Craghead, County Counsel
Suggested Action: Move Chair signature o/Document No. 2013-338.
13. CONSIDERATION of Board Signature of Order No. 2013-026, Declaring the
Result of the May 21, 2013 Measure Election on the Deschutes County 9-1-1
County Service District Local Option Levy -Laurie Craghead, County Counsel
Suggested Action: Move Board signature o/Order No. 2013-026.
14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
Board of Commissioners' Business Meeting Agenda Monday, June 17,2013
Page 2 of6
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
16. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this 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 items.
FUTURE MEETINGS:
(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 othenvise indicated. Ifyou have questions
regarding a meeting, please call 388-6572.)
Monday, June 17
10:00 a.m. Board of Commissioners' Business Meeting
1:30p.m. Administrative Work Session could include executive session(s)
Thursday, June 20, 2013
8:00 a.m. Regular Meeting with the City of Sisters Council -Sisters City Hall
Board of Commissioners' Business Meeting Agenda Monday, June 17,2013
Page 3 of6
Friday, June 21
7:30 a.m. State of the County/Forecast Breakfast -Bend Country Club
Monday, June 24
10:00 a.m. Board of Commissioners' Business Meeting
I :30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, June 26
10:00 a.m. Board of Commissioners' Business Meeting
I :30 p.m. Administrative Work Session -could include executive session(s)
Thursday, June 27
7:30 a.m. Legislative Conference Call with Public Affairs Counsel
Monday, July I
10:00 a.m. Board of Commissioners' Business Meeting
1 :30 p.m. Administrative Work Session -could include executive session(s)
Tuesday, July 2
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, July 3
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, July 4
Most County offices will be closed to observe Independence Day
Wednesday, July 10
10:00 a.m. Board of Commissioners' Business Meeting
1:30 pm. Administrative Work Session -could include executive session( s)
Board of Commissioners' Business Meeting Agenda Monday, June 17,2013
Page 4 of6
Monday, July 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, July 11
7:00 a.m. Regular Meeting with the City of Redmond Council-Redmond Council Chambers
Monday, July 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, July 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, July 25
6:00 p.m. Joint Meeting of the Board of Commissioners and the Deschutes County Planning
Commission to Discuss Groundwater Protection Recommendations Sunriver
Homeowners Aquatic and Recreation Center
Monday, July 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30p.m. Administrative Work Session -could include executive session(s)
Wednesday, July 31
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, August 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, June 17,2013
Page 5 of6
Tuesday, August 6
3 :30 p.m. Public Safety Coordinating Council Meeting
Wednesday, August 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
PLEASE NOTE: At any time during this 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 items.
Board of Commissioners' Business Meeting Agenda Monday, June 17, 2013
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