HomeMy WebLinkAbout2014-09-15 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
Page 1 of 7
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
MONDAY, SEPTEMBER 15, 2014
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Tammy Baney and Anthony DeBone; Commissioner
Alan Unger was out of the office. Also present were Tom Anderson, County
Administrator; Erik Kropp, Deputy County Administrator; David Doyle and
Laurie Craghead, County Counsel; Nick Lelack, Will Groves and Matt Martin,
Community Development; and three other citizens.
Chair Baney opened the meeting at 10:00 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None was offered.
3. Before the Board was a Public Hearing, and Consideration of First and
Second Readings by Title Only, and Adoption by Emergency, of Ordinance
No. 2014-025, Correcting an Error that Omitted Black Butte Ranch from
Code Section 18.110.020.
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
Page 2 of 7
Chair Baney read the opening statement, a copy of which is attached for
reference. Matt Martin gave an overview and a PowerPoint presentation.
The Board had no disclosures to offer of ex parte contacts or conflict of interest.
There were no challenges.
Laurie Craghead indicated there was one clarification, adding ‘declaring an
emergency’ to the Ordinance. The Board would need to read this into the
record.
Being no other testimony offered, the hearing was closed.
DEBONE: Move first and second readings, by title, as amended to including
‘declaring an emergency’.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the first and second readings at this time.
DEBONE: Move adoption of Ordinance No. 2014-025, declaring an
emergency.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
4. Before the Board was a Public Hearing, and Consideration of First
Reading of Ordinance No. 2014-016, Reducing Destination Resort
Overnight Lodging Unit Availability Requirements.
Chair Baney opened the hearing at this time. The Board had no conflicts of
interest, bias or ex parte contacts to disclose. There were no challenges.
Will Groves provided an overview of the Ordinance, utilizing a PowerPoint
presentation and his staff report, a copy of which is attached for reference.
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
Page 3 of 7
A ‘conditions of approval’ agreement would be a viable way to handle the
obligations of overnight lodging properties without unduly encumbering the
property under a plat designation, which is very difficult to remove should the
conditions be right.
The number of weeks for overnight use is currently 45 weeks, but this would
change it to 38 weeks. This would be consistent with State law and DLCD
decisions, and amendments made by the County in the past.
Chair Baney said the change to ‘conditions of approval’ does not seem strict
enough to her. This provides an opportunity for these properties that others
may not have been able to take. It seems that telling someone that they can buy
by leading them to believe at some point it might be removed from the
obligations.
Mr. Groves said staff and Legal Counsel feel this meets all the County’s goals
in every way. There can also be misrepresentations anytime someo ne buys
property. The plat note is tiny at this time and hard to detect, and a replat
process is expensive and difficult. The conditions of approval are more
obvious. Laurie Craghead added that this is to allow them to release a property
if more overnight lodging units are created. The conditions of approval would
not allow the unit to be released otherwise, and the ratio can be monitored.
Chair Baney still feels there is some peril in this. Ms. Craghead stated that
Statute allows this change. Commissioner DeBone stated that it is a change in
this one instance. Mr. Groves noted that it just changes the process slightly;
they could still make this change but it is cumbersome to the owners to use the
replat process.
Sharon Smith, attorney for the applicant, said they worked extensively with
Planning and Legal. The Planning Commission had some concerns and the key
is that the conditions of approval provide better notice of this requirement.
Plats are not typically provided by the title company to the buyer. It will be
clear what the restrictions are, and this is a better mechanism with more clarity.
The assurances are there and there still is a process, but if one owner is not
responsive to an effort to replat, it can hold up others Getting 100% of the
owners to comply is very difficult.
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
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Changes depend on the market. It is possible they will choose to build a hotel
instead. Chair Baney stated that some could be released if a hotel is built. Ms.
Smith said that it would take a land use change to modify the uses once the
hotel is built. Chair Baney does not want to create an unfair advantage to those
who have gone through this before; and she realizes that obtaining financing is
more challenging.
Commissioner DeBone asked if there would be a maximum density for
overnight rooms. Mr. Groves said that the change would be app lied to the
resort in particular, and they have to meet their current oblations at all times.
This does not provide a gateway for anything outside of the listed obligati ons.
Chair Baney closed the oral hearing. Commissioner DeBone feels the market
will drive the uses and no further testimony is necessary. Chair Baney closed
the hearing. Mr. Groves said that there are two versions of Exhibit A, and the
second version is the accurate one, designated the BOCC version.
DEBONE: Move first reading by title only, with the BOCC version of Exhibit
A.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
Chair Baney did the first reading by title only of Ordinance No. 2014-016.
The second reading and adoption will be considered no sooner than 14 days
from this date.
Before the Board was Consideration of the Consent Agenda.
DEBONE: Move approval, except for the September 10 minutes..
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
Consent Agenda Items
5. Board Signature of Resolution No. 2014-077, Transferring Appropriations in
the Fair & Expo Center Fund
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
Page 5 of 7
6. Board Signature of Resolution No. 2014-106, Creating a Change Fund for Fair
& Expo Center Concession Operations
7. Board Signature of Resolution No. 2014-107, Transferring Appropriations in
the Behavioral Health Fund
8. Board Signature of Resolution No. 2014-108, Appropriating a New Grant in
the Public Health Fund
9. Board Signature of Resolution No. 2014-109, Appropriating a New Grant in
the Health Fund
10. Board Signature of Resolution No. 2014-110, Transferring Appropriations
within the Public Health and Behavioral Health Funds
11. Board Signature of Resolution No. 2014-111, Transferring Appropriations
within the Public Health and Behavioral Health Funds
12. Board Signature of Resolution No. 2014-112, Transferring Appropriations in
the Public Health Fund
13. Board Signature of Resolution No. 2014-113, Transferring Appropriations in
the Solid Waste Fund
14. Board Signature of Resolution No. 2014-117, Transferring Appropriations in
the Behavioral Health Fund
15. Board Signature of Resolution No. 2014-118, Appropriating a New Grant in
the Behavioral Health Fund
16. Board Signature of Resolution No. 2014-119, Appropriating a new Grant in
the Public Health Fund
17. Board Signature of Resolution No. 2014-120, Transferring Appropriations in
the Public Health and Behavioral Health Funds
18. Board Signature of Resolution No. 2014-121, Appropriating a New Grant in
the Behavioral Health Fund
19. Board Signature of Resolution No. 20124-122, Transferring Appropriations in
the Public Health Fund
20. Approval of Minutes:
Business Meeting of September 10, 2014
Work Session of September 10, 2014
Performance Management/Update Meeting Part I, Sheriff’s Office,
September 4, 2014
Minutes of Board of Commissioners’ Business Meeting Monday, September 15, 2014
Page 6 of 7
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
21. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$13,337.72.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
22. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $2,869.14.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
23. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,638,098.85.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Chair votes yes.
24. ADDITIONS TO THE AGENDA
Being no other items brought before the Board, the meeting adjourned at
10:45 a.m.
DATEDthis ?1i}: Dayof ¥~ 2014 for the
Deschutes County Board of Commission~rs:
Ta~
Anthony DeBone, Vice Chair
ATTEST:
Alan Unger, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners ' Business Meeting Monday, September 15, 2014
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest __ ~---i{/'-----------Date k:r! 1):::::=_'
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E-mail address
D NeutrallUndecided D Opposed
Submitting written documents as part of testimony? DYes G"No
PRELIMINARY STATEMENT FOR A
LEGISLATIVE PUBLIC HEARING BEFORE
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
• The applicants have the burden of proving that they are entitled to the approval
requested.
• Testimony and evidence at this hearing must be directed toward the approval
criteria, as well as toward any other criteria in the comprehensive land use plan of
the County or land use regulations which any person believes apply to this
decision.
• Failure on the part of any person to raise an issue with sufficient specificity to
afford the Board of County Commissioners and parties to this proceeding an
opportunity to respond to the issue precludes appeal to the Land Use Board of
Appeals on that issue. Additionally, failure of the applicant to raise constitutional or
other issues relating to the approval with sufficient specificity to allow the Board to
respond to the issue precludes an action for damages in circuit court.
• The Board's decision on this application will be based upon the record and the
Staff Report and the testimony and evidence presented at this hearing.
• The hearing will be conducted in the following order.
1. The staff will give a report.
2. The applicant presents testimony and evidence.
3. Proponents and opponents testify and present evidence.
4. The applicant presents rebuttal testimony.
5. At the Board's discretion, if the applicants presented new evidence on
rebuttal, opponents may be recognized for a rebuttal presentation.
6. Staff will be afforded an opportunity to make any closing comments.
• The Board may limit the time period for presentations.
• If anyone wishes to ask a question of a witness, the person may direct the
question to the Chair. The Chair is free to decide whether or not to ask such
questions of the witness.
• The grant of a continuance or record extension shall be at the discretion of the
Board.
• If the Board grants a continuance, it shall continue the public hearing to a date
certain.
• If, at the conclusion of the hearing, the Board leaves the record open for additional
written evidence or testimony, the record shall be left open to a date certain for
submittal of new written evidence or testimony.
• If the hearing is continued or the record left open, the applicant shall also be
allowed a period to a date certain after the record is closed to all other parties to
submit final written arguments but no new evidence in support of the application.
• Commissioners must disclose any ex-parte contacts, prior hearing observations,
biases or conflicts of interest. Does any commissioner have anything to disclose
and, if so, please state the nature and extent?
• Does any party wish to challenge any Commissioner based on ex-parte contacts,
biases or conflicts of interest?
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, SEPTEMBER 15,2014
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. A PUBLIC HEARING and Consideration of First and Second Readings by
Title Only, and Adoption by Emergency, of Ordinance No. 2014-025,
Correcting an Error that Omitted Black Butte Ranch from Code Section
18.110.020 -Matthew Martin, Community Development
Suggested Actions: Open hearing and take testimony; move first and second
readings by title only; move adoption by emergency.
4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No.
2014-016, Reducing Destination Resort Overnight Lodging Unit Availability
Requirements Will Groves, Community Development
Suggested Action: Open hearing and take testimony; move first readings by
title only.
Board of Commissioners' Business Meeting Agenda Monday, September 15,2014
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CONSENT AGENDA
5. Board Signature of Resolution No. 2014-077, Transferring Appropriations in
the Fair & Expo Center Fund
6. Board Signature of Resolution No. 2014-106, Creating a Change Fund for Fair
& Expo Center Concession Operations
7. Board Signature of Resolution No. 2014-107, Transferring Appropriations in
the Behavioral Health Fund
8. Board Signature of Resolution No. 2014-108, Appropriating a New Grant in
the Public Health Fund
9. Board Signature of Resolution No. 2014-109, Appropriating a New Grant in
the Health Fund
10. Board Signature of Resolution No. 2014-110, Transferring Appropriations
within the Public Health and Behavioral Health Funds
11. Board Signature of Resolution No. 2014-111, Transferring Appropriations
within the Public Health and Behavioral Health Funds
12. Board Signature of Resolution No. 2014-112, Transferring Appropriations in
the Public Health Fund
13. Board Signature of Resolution No. 2014-113, Transferring Appropriations in
the Solid Waste Fund
14. Board Signature of Resolution No. 2014-117, Transferring Appropriations in
the Behavioral Health Fund
15. Board Signature of Resolution No. 2014-118, Appropriating a New Grant in
the Behavioral Health Fund
16. Board Signature of Resolution No. 2014-119, Appropriating a new Grant in
the Public Health Fund
17. Board Signature of Resolution No. 2014-120, Transferring Appropriations in
the Public Health and Behavioral Health Funds
18. Board Signature of Resolution No. 2014-121, Appropriating a New Grant in
the Behavioral Health Fund
19. Board Signature of Resolution No. 20124-122, Transferring Appropriations in
the Public Health Fund
Board of Commissioners' Business Meeting Agenda Monday, September 15,2014
Page 2 of6
20. Approval of Minutes:
• Business Meeting of September 10, 2014
• Work Session of September 10,2014
• Perfonnance Management/Update Meeting Part I, Sheriff s Office,
September 4,2014
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
21. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
23. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
24. ADDITIONS TO THE AGENDA
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
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, September 15, 2014
Page 3 of6
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 otherwise indicated. Ifyou have questions
regarding a meeting, please call 388-6572.)
Monday, September 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Tuesday, September 16
12 noon Boys & Girls Club Luncheon Event St. Charles Medical Center
5:00 p.m. County College Presentation
Friday, September 19
8:00 a.m. State of the County Presentation -La Pine & Sunriver -Thousand Trails Resort
Monday, September 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
6:00a.m. Deschutes County 4-H Leaders Association Reception -Fairgrounds
Wednesday, September 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, September 25
9:00 a.m. Performance Management & Department Update Risk, Veterans Services and Law
Library
5:30p.m. Joint Meeting with the Planning Commission Continuation of Discussion regarding
Agricultural Lands
Monday, September 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30p.m. Administrative Work Session -could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 15,2014
Page 4 of6
Wednesday, October 1
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
5:30 p.m. Sheriffs Office Jail Expansion Open House
Thursday, October 2
8:00 a.m. Regular Joint Meeting with the Sisters City Council -Sisters City Hall
Monday, October 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Tuesday, October 7
9:00 a.m. Performance Management & Department Update -9-1-1 County Service District
3:30p.m. Local Public Safety Coordinating Council Meeting
Wednesday, October 8
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, October 20
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, October 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, October 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30p.m. Administrative Work Session -could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 15, 2014
Page 5 of6
Wednesday, October 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, November 3
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Tuesday, November 4
3:30 p.m. Local Public Safety Coordinating Council Meeting
5:00 p.m. County College -Graduation; Election Night
Wednesday, November 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, November 6
11 :00 a.m. Tri-County Commissioner Meeting -Redmond (Fair & Expo Center)
Board of Commissioners' Business Meeting Agenda Monday, September 15,2014
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