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HomeMy WebLinkAbout2011-07-13 Business Meeting MinutesDeschutes 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, JULY 13, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Dive Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Timm Schimke, Solid Waste Department; Kevin Harrison and Peter Gutowsky, Community Development; George Kolb and Randy McCulley, Road Department; and four other citizens. Chair Baney opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. Woody Maderios thanked the Board for its support of Grandma’s House over time, which is now celebrating twenty years of operation. One of the first babies helped at Grandma’s House just got a full college scholarship. 2. Before the Board was Consideration of Chair Signature of Document No. 2011-309, a Notice of Intent to Award Contract Letter for the Purchase of a New Loader-Mounted Snow Blower. George Kolb said the lowest bid was not a qualifying bid because of the weight needed for the equipment. There was a letter sent to the County from the low bidder but their bid does not meet specifications. Chair Baney noted that the letter allows for an appeal period if the bidder that did not win wishes to contest the selection. Commissioners Unger and DeBone said that they support the reasoning behind the selection. Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 1 of 7 Pages Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 2 of 7 Pages UNGER: Move Chair signature of the intent to award contract letter, for Peterson Equipment Company. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Chair Signature of Document No. 2011-236, a Notice of Intent to Award Contract Letter for the Purchase of a Landfill Compactor. Timm Schimke showed photos of the equipment to the Board. He explained this is a rolling piece of equipment with steel wheels, meant to break up and compact landfill matter. It is a very sophisticated machine. The low bidder had some issues that are felt to be problematic. He had asked for a guaranteed repair cost and repurchase amount over a period of time. The low bidder’s repurchase bid came with conditions that are not acceptable. The specifications also called for a mechanical drive system. The low bidder’s machine is driven by hydraulics which tends to be more problematic. It is cheaper to produce this type of machine but it is less efficient when it comes to fuel use. Commissioner Unger feels that the staff report makes it clear that the choice made is the one that makes the most sense over time. DEBONE: Move Chair signature of the intent to award contract letter, for Peterson Equipment Company. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Second Reading by Title Only, and Adoption, of Ordinance No. 2011-009, Creating Zoning Regulations for Small Wind Energy Systems. Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 3 of 7 Pages Peter Gutowsky entered the case file into the record. This has been at twelve- month process for this legislative amendment. No changes have been made to the document since the first reading. Commissioner Unger asked that this be brought back to the Board in a year for an update. UNGER: Move second reading by title only of Ordinance No. 2011-009. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the second reading. UNGER: Move adoption of the Ordinance. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was a Public Hearing (continued from February 10, 2010) on Files No. PA-083 and ZC-083, on an Appeal of the Hearings Officer’s Decision regarding a Plan Amendment/Zone Change on Agricultural/EFU to Airport Development (Aviation Support District - Bend). Kevin Harrison gave a brief overview of the item, which would allow property to be rezoned from EFU to Airport Development. It has been in the pipeline for several years. The applicant is Gibson Airpark LLC, and the property is located off Nelson Road. The Hearings Officer recommended denial in 2008 because the proposal is not consistent with the Bend Airport Master Plan. A hearing was held in February 2009, and asked for an update of the Master Plan before this could be considered. The hearing was continued until August 2009, with another continuation requested at that time. The City had initiated the process but was not done with it. It was continued until February 2010, so another continuance was requested. Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 4 of 7 Pages The key item is the status of the update to the Airport Master Plan. A presented was made to the City Council in June 2011, and it appears they are about halfway through drafting changes to the plan. The City anticipates a winter 2012 date to submit the Plan to the FAA. There has not been a request submitted to the County, although the applicant was advised of this meeting. Laurie Craghead said that the attorney for the applicant has been contacted, but has not heard anything from them. Chair Baney asked if further contact was made. Mr. Blikstad said they did notify the applicant and their attorney of today’s meeting. The ownership of the property was verified as being the same but the mailing address had changed, so the agenda was sent again. Chair Baney does not want the applicant being able to say that they did not get proper notification and were not be able to provide input. Commissioner Unger said it has been kept open previously because the Master Plan is still not finished. He is leaning towards continuing it to a date certain in the hope that more progress is made. The applicant paid for a land use action and should not have to reapply. Ms. Craghead said they’d have to file a modification of application anyway if the Master Plan changes anything. It is a lesser cost that a new application. Mr. Harrison said the filing does involve a fee and they’d have to provide new information. The Board could then look at new findings to make a decision. If the Board decides to deny the application, there would not be an additional waiting period to reapply. Ms. Craghead said the fee for a modification is less than the full application fee. It is the applicant’s responsibility to keep track of when hearings occur as well and the County is not required to provide additional notice. Chair Baney said that she feels the County should go beyond what is required to make sure all parties are fully aware of the situation. This is likely to be contentious and she wants to be sure there can be no claim that they were not properly notified. Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 5 of 7 Pages Commissioner Unger stated that it is a public hearing and the Board can continue it if that is felt to be the best course of action. Commissioner DeBone added that with the current economy and the Master Plan not being completed, it is not unreasonable to continue the hearing. Mr. Harrison said that the appropriate timing might be for the City and County to adopt the Plan and allow enough time after that for everyone to be comfortable with it. A year should be sufficient. The Board continued the hearing to Monday, July 16, 2012, at 10:00 a.m. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner DeBone said the minutes of the June 29 work session should reflect that he was the Commissioner swearing in the La Pine Water and Sewer Board. UNGER: Move approval with this correction. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Item 6. Board Signature of Document No. 2011-407, the Annual Boating Safety and Law Enforcement Services Agreement, with the Sheriff’s Office Providing Services to the State of Oregon Marine Board 7. Board Signature of Document No. 2011-223, Leasing Property to the Department of Water Resources 8. Approval of Minutes:  Business Meetings: June 29; July 6  Work Sessions: June 29; July 6 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $11,256.17. Minutes of Board of Commissioners’ Business’ Meeting Wednesday, July 13, 2011 Page 6 of 7 Pages DEBONE: Move approval, subject to review. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4- H COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,013.39. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $752,838.84. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 12. ADDITIONS TO THE AGENDA Commissioner Unger asked about the cell tower issue that the Sheriff supports since the Sheriff needs to utilize the tower, which is located on Awbrey Butte. Commissioner DeB one said he does not have a lot of strong thoughts on this, but it is not a Board decision at this point. He may have a personal opinion about it but would want to do more research before signing something. Dave Kanner said the property owner is the applicant technically. That is the County, so the Board cannot sign a letter supporting its own application. The controversy is the fact that it is a cell tower and is lattice-based, allowing for multiple uses. The Awbrey Butte neighbors are organized and don't like the towers that are already there. Chair Baney stated the question is whether the Board wants to support the Sheriffs request. Commissioner Unger feels the upgrade is needed for safety purposes and this is the best location. Commissioner DeBone is generally supportive but has not studied the details of the situation. Mr. Kanner will ask the Sheriff to attend the afternoon work session to discuss this situation further. Being no further discussion, the meeting ended at 10:45 a.m. DATED this Day of 2011 for the /oifJ ~ Deschutes County Board of Commissio~;.:so Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Business' Meeting Wednesday, July 13, 2011 Page 7 of 7 Pages