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HomeMy WebLinkAbout2012-10-10 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Wednesday, October 10, 2012 Page 1 of 5 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 10, 2012 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Anthony DeBone and Alan Unger; Commissioner Baney was out of the office. Also present were Laurie Craghead, County Counsel; Nick Lelack and Paul Blikstad, Community Development; Timm Schimke, Solid Waste Department; and three 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 Consideration of Chair Signature of Document No. 2012-586, a Notice of Intent to Award Contract Letter for the Demolition Landfill Groundwater Assessment Project. Timm Schimke said a groundwater assessment of this property is required by the DEQ. They have been able to delay this while they discussed what to ultimately do with the property, but this project cannot be put off any longer. He gave details on the bid process. It is possible they will need to get easements from private properties in order to access parts of the perimeter of the land. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 10, 2012 Page 2 of 5 UNGER: Move signature. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. 4. Before the Board was Consideration of Signature of Findings and 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 gave an overview of the history of this application and appeal. The Board asked for the findings to be strengthened in regard to requirements that farm products are to be served at an event or play a part in the event. Another was that the income generated from t h events is less than 50% gross rather than net income from the property, to demonstrate it is incidental and subordinate to the farm use. There are some minor revisions to condition #14. The applicant shall submit at the time of renewal an accountant’s report or their IRS statemen t showing the income from the sale of products separately from the event income. This is creating a template of conditions of approval for future applications, so they need to be as complete and clear as possible. Chair DeBone said it mentions hay sales but income could be from the sale of other farm products. Ms. Craghead pointed out the issue regarding total income was not specifically determined by the Board. Whether it is 50% of the net or gross, and whether it is farming plus events, was a consideration. The original language proposed for determining the income is straight out of the winery code under State statute. There is nothing in the IRS code to cover this but provides an alternative. Commissioner Unger said he likes consistency in the law. He supports the amendments as presented. This will help to strengthen the record. He thanked staff for their due diligence and hard work. He wants people to be successful in farming here, and is interested in the next steps. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 10, 2012 Page 3 of 5 Chair DeBone supports the amendments as well. This has been a long time coming and involves a compromise after a lot of public input. Ms. Craghead pointed out that by adding this amendment, it is not consistent with the winery code. There is no provision in IRS code for this. Chair DeBone said this adds some flexibility and another way to address the requirements. UNGER: Move approval of the findings as submitted to the Board, including the changes discussed this morning. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval of the Consent Agenda. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. Consent Agenda Items 5. Signature of Order No. 2012-025, declaring Certain Deschutes County Personal Property Surplus, and Authorizing Sale 6. Signature of a Letter Appointing Lorelei Kryzanek to the Deschutes County Behavioral Health Advisory Board, through December 31, 2015 7. Approval of Minutes: Board Meetings of September 24 and October 3, 2012 Work Sessions of September 7 and 24; and October 3 and 5, 2012 Joint Meeting of County and Bend City Council, August 30, 2012 Minutes of Board of Commissioners’ Business Meeting Wednesday, October 10, 2012 Page 4 of 5 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $9,434.77. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $2,131.02. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,252,037.47. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. 11. ADDITIONS TO THE AGENDA Being no further items to address, the meeting adjourned at 10:25 a.m. DATED this / ff!> Day of (j~ 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair aetk-~ Alan Unger, Vice Chair ATTEST: ~W~- Tammy Ba y, Comm ' ioner ~.fu~ Recording Secretary Minutes of Board of Commissioners ' Business Meeting Wednesday, October 10,2012 Page 5 of5 9. Catering is subject to licensure and inspection at the caterer's base of operations only, including transportation vehicles and equipment per Oregon Administrative Rules Chapter 333, Division 150. Food prepared on site requires a Public Health plan review through Deschutes County Environmental Health, and obtain a Foodservice License. 10 . All permanent and temporary structures shall comply with the State of Oregon's adopted building code and the Deschutes County Building Safety Division's fire, health, life safety, accessibility, and occupancy requirements at all times. 11 . Agriculturally exempt structures are prohibited from occupancy by the public. 12 . Water served to the public/guests must be from an approved water system that meets the Oregon Public Water Drinking Program requirements. 13. All events at the site shall include some form of direct connection between the crop grown on the site and food served at the events (such as producing a food dish using hay in the preparation of it). 14 . The applicant shall submit to the Planning Division at the time of Limited Use Permit renewal an affidavit from their accountant, or a tax return submitted to the United States Internal Revenue Service, that specifically states the applicant's gross income from the hay sales separately from the commercial event fees income and verifies that the commercial fees income is less than 50% of the overall income from the site for each year one or more commercial events and/or activities are held. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and initiate the proposed event facility within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22 .36 .010 of the County Code, or this approval shall be void. Dated this ___ of _____, 2012 BOARD OF COUNTY COMMISSIONERS ANTHONY DEBONE, CHAIR ALAN UNGER , VICE CHAIR ATTEST : Recording Secretary TAMMY BANEY, COMMISSIONER / /7 -Final Decision -LUP-12 -2 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 10, 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. CONSIDERATION of Chair Signature of Document No. 2012-586, a Notice of Intent to Award Contract Letter for the Demolition Landfill Groundwater Assessment Project -Timm Schimke, Solid Waste Department Suggested Actions: Move approval and sign letter. 4. CONSIDERATION of Signature of Findings and 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: Move approval and sign decision. CONSENT AGENDA 5. Signature of Order No. 2012-025, declaring Certain Deschutes County Personal Property Surplus, and Authorizing Sale Board of Commissioners' Business Meeting Agenda Wednesday, October 10,2012 Page 1 of5 6. Signature of a Letter Appointing Lorelei Kryzanek to the Deschutes County Behavioral Health Advisory Board, through December 31, 2015 7. Approval of Minutes: • Board Meetings of September 24 and October 3,2012 • Work Sessions of September 7 and 24; and October 3 and 5, 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 8. 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 9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 11. 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. Board of Commissioners' Business Meeting Agenda Wednesday, October 10, 2012 Page 2 of5 FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at J300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.) 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 2:00 p.m. Joint Meeting: Behavioral Health and Public Health Advisory Committees 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 10, 2012 Page 3 of5 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 28 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 10,2012 Page 4 of5 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) Wednesday. January 2. 2013 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, January 7 10:00 am. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, January 9 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) PLEASE NDTE: At any time during this meeting, an executive session could be called to address issues relating to DRS 192.660(2) (e), real property negotiations; DRS 192.660(2) (h), litigation; DRS 192.660(2)(d), labor negotiations; DRS 192.660(2) (b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Wednesday, October 10,2012 Page 5 of5