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HomeMy WebLinkAbout2012-10-03 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 1 of 7 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 WEDNESDAY, OCTOBER 3, 2012 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Interim County Administrator; Laurie Craghead and John Laherty, County Counsel; Tom Anderson, Nick Lelack and Paul Blikstad, Community Development; Nancy Blankenship, County Clerk; and five other citizens. No representatives of the media were in attendance. Chair DeBone opened the meeting at 10:02 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. 2012-015, Amending Deschutes County Code Pertaining to Dogs Alleged to Have Chased, Injured or Killed Livestock. Chair DeBone opened the hearing at this time. John Laherty presented a brief list of the substantive changes to the Ordinance. (A copy of the summary is attached for reference.) Commissioner Unger appreciates this review and the adjustment of some wording. The Dog Board has a difficult task and p eople take this issue seriously. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 2 of 7 Commissioner Baney asked if the $100 cap per case will result in a cost savings to the County. Mr. Laherty said that this helps to take the County and Dog Board out of the equation when it comes to the value of livestock, as it is more appropriate for those types of issues to be handled by the Court. Chair DeBone asked if it does go to Court, will the informat ion from the Dog Board hearings be of value. Mr. Laherty said the standard of proof is different in the Courts, and the burden of proof for the livestock owner in establishing a value is more critical. It takes the Dog Board out of the position of having to determine what the value of the livestock might be. Chair DeBone asked for public testimony. None was offered, so the hearing was closed. BANEY: Move first and second readings by title only as amended with the typographical error being corrected. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Chair DeBone then conducted the first and second readings of the Ordinance. BANEY: Move adoption of Ordinance No. 2012-015. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 4. Before the Board were Deliberations and Consideration of a Decision on a Type 2 Limited Use Permit for Six Commercial Event and Activities (Weddings) in the Exclusive Farm Use Zone (File # LUP-12-2 – Applicant: Downs). Mr. Lelack said the Board can uphold the Hearings Officer’s decision as written; uphold it with new or revised findings; or to overturn the decision. The decision will be drafted accordingly and presented to the Board in the near future. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 3 of 7 Commissioner Unger feels the staff report is very complete. This will serve to strengthen the record so it can move on if there are future actions. There was a question regarding gross or net numbers regarding activity, transportation and other issues. He is comfortable with staff’s recommendation and approval as submitted. Commissioner Baney agrees that there were a few questions to answer regarding incidental and subordinate. Information has come in that was able to shore up those issues. There will always be some controversy but the B oard is left with a decision that is difficult. However, they have met the criteria. Chair DeBone stated that as he read input, he decided that the event should support farming but does not see a hard line for the numbers. The value can change from year to year depending on the crop and other factors. He does support the decision as presented. Mr. Lelack stated that to bolster the requirement, should the income issue be silent or should they choose a percentage. Commissioner Baney would like to enable a variable. Ms. Craghead asked if they are interpreting incidental and subordinate as less than 50%, and why they think this should be written that way; whether gross income or net income as well. Mr. Blikstad said getting a farm dwelling relies on gross income numbers. Commissioner Baney stated that she would recommend less than 50% of gross income. Mr. Lelack added that they had addressed the amount of time of the events versus farming, and less than 10% of the area being used for events; this would add another factor, less than 50% of gross income. Commissioner Baney would like to shore up the finding regarding ‘related to’ also. Mr. Lelack said that there are reasons for having events in this setting, at least one product would be served or produced on site, or sold as a result of the event. This is one area that can be added to findings to make it stronger. Ms. Craghead said the interpretation is that the applicant has met criteria, as in using the hay for a flavoring agent for food. Unfortunately, there is not a lot that can be done in this area versus better farmland in the valley. They have to be more creative here. There is enough there that the applicant has met that burden of proof. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 4 of 7 Mr. Lelack said there was one final issue, a clarification of traffic flaggers. The question is whether there needs to be one for each 250 attendees. Ms. Craghead stated that under Outdoor Mass Gathering it is one per 250. Commissioner Baney said that there needs to be a flagger if there are 50 or whatever number. Commissioner Unger likes to see consistency. Mr. Lelack stated they will revisit this issue in a year, per the work plan. Chair DeBone would like to see this as supported by other ordinances. Commissioner Baney indicated that she feels the individual property owners will be cognizant of the safety issues. Mr. Lelack clarification is needed as to whether someone needs to be there for the entire event or during peak times, or for the duration of the event. Ms. Craghead stated that the Board has given consensus on how to draft the findings, which will come back for consideration of approval soon. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the Consent Agenda, with the exception of Item #6, and the minutes which have not been fully reviewed. UNGER: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Consent Agenda Items 5. Signature of Document No. 2012-429, a Contract for Subgrant between Deschutes County Children & Families’ Commission and Saving Grace 6. Signature of Document No. 2012-567, an Assignment of Revocable License for ‘Legal Grounds’ Coffee Shop’s New Operator in the Justice Building 7. Signature of a Letter Accepting the Resignation of Jessica Currier from the Deschutes County Children & Families’ Commission Board, and Thanking her for her Service 8. Signature of a Letter Changing Thomas Schuchardt from an Alternate to Regular Member of the Deschutes County Dog Control Board of Supervisors, through June 30, 2014 Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 5 of 7 9. Signature of BOPTA (Board of Property Tax Appeals) Letters Appointing the Following to Two BOPTA Pools through June 30, 2013: Vicki J. Schuetze-Compton Carl Nelson Thomas C. Bourdage Diane Knippel-Garrow B. Chase Osborne Mara Vasilevna Stein Robert P. Helfer Dennis Robert Luke David A. Lilley Karie Ann Woolery Jo Ellen Zucker 10. Approval of Minutes: Board Meeting of September 24, 2012 Work Sessions of September 7 and 24, 2012 Joint Meeting of County and Bend City Council, August 30, 2012 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $117,140.31 (two weeks). UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $4,064.75 (two weeks). Minutes of Board of Commissioners’ Business Meeting Wednesday, October 3, 2012 Page 6 of 7 UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,806,349.92 (two weeks). UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 14. ADDITIONS TO THE AGENDA Before the Board was Consideration of Board Signature of Resolution No. 2012-120, Confirming the Authorization of Two Existing Checking Accounts with the Deschutes County Sheriff’s Office, Updating Authorized Signers, and Reconciling Bank Statements. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Being no further discussion, the meeting adjourned at 10:40 a.m. DATED this / ~Day Of_a~2012 for the ~,------,_____ Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: Tammy Baney, Commis 'oner ~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, October 3, 2012 Page 7 of7 Staff Notes for Proposed Revisions to DCC Chapter 6.12 I performed review of County's Dog Board ordinance as part of my general duties as legal counsel and found some areas that I believe could benefit from revision or clarification. The major proposed substantive changes are as follows; 1. 6.12.025 -added in order to clarify definition of "domesticated fowl". 2. 6.12.050 -revised to clarify procedure for initiating complaint against dog. 3. 6. 12.060(A) -revised to expressly comply with State law hearing notice requirements and to set out evidentiary standard. 4. 6.12.065 -added to adopted State law mechanisms for collecting amounts owed to County in Dog Board cases (i.e., liens) 5. 6.12090 modified to limit amount County can compensate livestock owners, to $100.00 per case. 6. 6.12.120 -added to include State law requirement that dogs found to have chased, injured or killed livestock be microchipped. 7. 6.12.130 -Added to permit Dog Board to return a dog that has harmed livestock to its owner, in certain limited situations: (a) Livestock owner did not make reasonable efforts to protect fowl; (b) Do's owner made reasonable efforts to confine dog to owner's property; (c) Dog is first-time offender; (d) Dog's owner agrees to take necessary measures to prevent a reoccurrence. (e) Dog Owner pays compensation to livestock owner. 8. 6.12.130(C): Correct typographical error. Change "my" to "may". 9. Reason for emergency enactment: Dog Board hearings are a frequent occurrence, and are held on an expedited basis. There is significant chance there will be one in near future. Desire to have the appropriate revisions to the code in place for future hearings. 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., WEDNESDAY, OCTOBER 3,2012 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. 2012-015, Amending Deschutes County Code Pertaining to Dogs Alleged to Have Chased, Injured or Killed Livestock -John Laherty, County Counsel Suggested Actions: Open hearing and take testimony; conduct first and second readings by title only; adopt by emergency. 4. DELIBERATIONS and Consideration of a Decision on a Type 2 Limited Use Permit for Six Commercial Event and Activities (Weddings) in the Exclusive Farm Use Zone (File # LUP-12-2 -Applicant: Downs) -Paul Blikstad, Community Development Suggested Actions: Deliberate; Possible Decision Board of Commissioners' Business Meeting Agenda Wednesday, October 3, 2012 Page 1 of6 CONSENT AGENDA 5. Signature of Document No. 2012-429, a Contract for Subgrant between Deschutes County Children & Families' Commission and Saving Grace 6. Signature of Document No. 2012-567, an Assignment of Revocable License for 'Legal Grounds' Coffee Shop's New Operator in the Justice Building 7. Signature of a Letter Accepting the Resignation of Jessica Currier from the Deschutes County Children & Families' Commission Board, and Thanking her for her Service 8. Signature of a Letter Changing Thomas Schuchardt from an Alternate to Regular Member of the Deschutes County Dog Control Board of Supervisors, through June 30,2014 9. Signature of BOPTA (Board of Property Tax Appeals) Letters Appointing the Following to Two BOPTA Pools through June 30, 2013: • Vicki J. Schuetze-Compton • Carl Nelson • Thomas C. Bourdage • Diane Knippel-Garrow • B. Chase Osborne • Mara Vasilevna Stein • Robert P. Helfer • Dennis Robert Luke • David A. Lilley • Karie Ann Woolery • Jo Ellen Zucker 10. Approval of Minutes: • Board Meeting of September 24, 2012 • Work Sessions of September 7 and 24, 2012 • Joint Meeting of County and Bend City Council, August 30, 2012 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, October 3, 2012 Page 2 of6 CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 14. 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 otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.) Monday, October 1 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, October 3 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 Wednesday, October 3,2012 Page 3 of6 Wednesday, October 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, October 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Thursday, October 18 8:30 a.m. (Tentative) Tobacco Survey Results Discussion Monday, October 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, October 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, October 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, October 31 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, November 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Board of Commissioners' Business Meeting Agenda Wednesday, October 3, 2012 Page 4 of6 Wednesday, November 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, November 12 Most County Offices Closed to Observe Veterans' Day Holiday November 13 through 16 Association of Oregon Counties Conference Monday, November 19 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) November 22 & 23 Most County Offices Closed to Observe Thanksgiving (November 23 Unpaid Furlough) Monday, November 26 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, November 228 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, December 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Board of Commissioners' Business Meeting Agenda Wednesday, October 3,2012 Page 5 of6 Wednesday, December 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, December 12 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, December 17 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) (b), 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 Wednesday, October 3,2012 Page 6 of6 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, OCTOBER 3,2012 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend CONSIDERATION of Board Signature of Resolution No. 2012-120, Continuing the Authorization of Two Existing Checking Accounts with the Deschutes County Sheriff's Office, Updating Authorized Signers, and Reconciling Bank Statements -Marty Wynne, Finance Suggestion Action: Move Board signature o/Resolution No. 2012-120.