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HomeMy WebLinkAbout2010-09-08 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, SEPTEMBER 8, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Tom Anderson, Anthony Raguine, Kevin Harrison, Nick Lelack and Will Groves, Community Development; Planning Commissioner Christen Brown and former Planning Commissioner Keith Cyrus; and twelve other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Commissioner Luke presented Nick Lelack with a very special Oregon Beavers hat. Keith Cyrus and Christen Brown came before the Board, and Mr. Cyrus was present a plaque and thanked for his eight years of service on the Planning Commission. Commissioner Unger noted that it is challenging to be on such a committee since you cannot make everyone happy with decisions, but Mr. Cyrus’ knowledge and hard work is very much appreciated. Mr. Brown added that on behalf of the other members of the Commission, the balance Mr. Cyrus has been able to add has been invaluable. Mr. Cyrus stated that residents need to be involved so they can make a difference. The people who have been in the area for years need to remain active in the process because they know the history of the area and the laws. This helps to keep decisions on an even keel. There are serious local and national issues that need to be addressed on an ongoing basis, and citizen involvement is important. Minutes of Board of Commissioners’ Business Meeting Wednesday, September 8, 2010 Page 1 of 6 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, September 8, 2010 Page 2 of 6 Pages 2. Before the Board was Consideration of Board Signature of Document No. 2010-289, Amending an Improvement Agreement for Overnight Accommodations at the Tetherow Destination Resort. Anthony Raguine gave a brief overview of the item. A one-year extension has been requested by the new owners of the property. Laurie Craghead said there are many interests at this time and a variety of stakeholders. The overnight lodging was originally backed by a bond, then by a letter of credit. The property was eventually foreclosed on, but the letter of credit is still in place. The new owners have refused to sign the agreement until the letter of credit holder, Wells Fargo, supports an extension for a year. The agreement appears to allow for the extension, but the owners would like something that that they feel is more specific. There is also a threat of litigation if the letter of credit is called on prior to the building of the overnight lodging. The simplest way to handle the situation is to allow for the extension of a year so that the parties can work out the details. If the Board does not approve this amendment, the agreement would be out of compliance and the County could enforce the provisions of the original agreement. This would halt any construction in progress. Commissioner Luke said that the parties need to get their house in order before he would agree to an extension. Ms. Craghead stated that the extension was requested long ago before the property changed hands, and would simplify the situation. Commissioner Baney said it appears that they are entitled to the extension, but if the parties can’t work it out, what would happen. Ms. Craghead replied that the agreement would be void and the County could start calling on the letter of credit. The agreement runs with the property. If the parties do not agree on where to go from that point, nothing will be lost. Mr. Raguine said that the original request for an extension was in March, but the parties were working on foreclosure, financing and ownership issues and the extension is just now ready to be considered by the Board. However, it needs to be enacted prior to September 23. Minutes of Board of Commissioners’ Business Meeting Wednesday, September 8, 2010 Page 3 of 6 Pages Commissioner Baney said that she can’t imagine that the real estate market will be any better by this time next year, so whoever the owner might be needs to keep that in mind. The County cannot be responsible for market conditions or the situation regarding the property. Ms. Craghead stated they all want the overnight lodging built, as they feel it will benefit the golf course and other amenities, but the question is how to handle the financing part of it. BANEY: Move approval of Document No. 2010-289. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes no. (Split vote.) 3. Before the Board was Consideration of First and Second Readings, and Adoption by Emergency, of Ordinance No 2010-029, a Text Amendment relating to Requirements for Industrial Uses in the La Pine Industrial District. UNGER: Move first and second readings by title only. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke conducted the first and second readings of the Ordinance, by title only. UNGER: Move adoption of Ordinance No. 2010-029. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. _____________________________________________ Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval of the Consent Agenda. BANEY: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, September 8, 2010 Page 4 of 6 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 4. Signature of Order 2010-049, Accepting the Petition and Setting a Date for a Public Hearing on the Annexation of Property into the La Pine Rural Fire Protection District 5. Approval of Minutes: ƒ Business Meeting of September 1 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 6. Before the Board was Consideration of Signature of Letters Appointing Jim Wilson and Ron Angell to the Sunriver Service District Managing Board, through August 31, 2013. UNGER: Move signature. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $149,836.19. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, September 8, 2010 Page 5 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,553.90. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,217,599.25. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 10. Before the Board was Consideration of Additions to the Agenda. Dave Kanner said the Employment Relations Board will be conducting the vote tally on the Deputy District Attorney’s attempt to unionize. They have requested that a County representative be present at that time in case there are any legal issues to resolve. However, it is a very straightforward yes or no vote ballot. Commissioner Baney asked if there is an opportunity to do video conferencing rather than having someone drive five hours to watch over the counting of 16 votes. BANEY: Move County Counsel or Counsel’s designee be authorized to attend the meeting and to resolve any legal issues related to the County. UNGER: Yes.