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HomeMy WebLinkAbout2009-01-14 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, JANUARY 14, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Laurie Craghead, Legal Counsel; David Givans, Internal Auditor; Marty Wynne, Finance; Tom Blust and George Kolb, Road Department; David Inbody, Assistant to the Administrator; Paul Blikstad, Community Development; Jon Sholes and Sue Brewster, Sheriff's Office; and approximately twenty other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Jack Morrison had questions about the IAP and wondered if the fund can be locked in. This affects all County employees, especially retirees, and is losing value. He feels this should be investigated. Commissioner Luke suggested that he speak first with Dave Kanner, County Administrator. Gladys Biglor of Cody Road asked to speak about the event venue issue. The PC may ask for the Board to delay taking action against those who are violating the ordinance. She spoke on behalf of a small group representing many of the opponents, who are now asking that this request be denied. They are concerned about unintended consequences if the Board hears this appeal. These are not permitted activities and the County is not obligated to let these activities continue. They are booking events into 2009 and taking orders from an unsuspecting public. She asked if Deschutes County ever start enforcing the rules, and said that lawlessness should not be rewarded. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 1 of 10 Pages (Her written statement will be part of the record.) Marty Wynne advised that GFOA has given the County the distinguished budget award. Dave Kanner said that this is the highest honor a County budget group can receive, and the first one for Deschutes County. He recognized the people involved in working on the budget, including Debbie Shaw, Jim Ross, David Inbody, and Terri Maerki. The criteria for receiving this award is challenging and difficult. The County also usually receives an award for financial documents yearly. No further input was offered. 2. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2009 -008, Certifying the Final Assessment for the Beaver Special Road District Local Improvement District. George Kolb said that the estimate was about $10,000 per lot but the costs came in at about $6,300. He said they found they could handle drainage in a different way and got a good bid from the contractor. One person bought a 40 -acre Forest Service parcel and feels that four assessments are not fair, since he is in a wildlife overlay area and may not be able to build four residences. Mr. Kolb checked with Community Development and found that four residences may be allowed. Beaver Road District asked the County to help with the local improvement district process; the District will pay all the costs and will take over the road for maintenance. These improvements are very supported by the residents. Commissioner Baney asked if the property could be subdivided into four lots. Mr. Kolb confirmed that the amount is based on a per -lot basis and not by road frontage. It is based on the potential use of the land, within reason, even if the owner decides to build just one residence or not build at all. This is consistent with what has been done previously. Chair Baney opened the hearing for testimony. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 2 of 10 Pages Robert Dryden, property owner, thanked the County for doing such a good job. He wanted to readdress the Resolution that decided the County won't take in LID's because of the lack of federal funding. He said federal funding has been restored for the short-term and feels the County should take over the road at least for that amount of time. There were LID's pending when the Resolution was adopted and only one of four actually was voted in. Now that there is funding available, he feels the County should help during this timeframe. Nothing was said about permanent, ongoing funding. He asked that perhaps the County could maintain these now. He would like to present a petition to the Board in regard to the County taking over the road for now. Commissioner Unger said that most of the timber funds will go towards maintenance and capital projects but the Board has not addressed this issue fully. Mr. Dryden said the road was done to County standards and it was expected the County would take it over. He realizes that funding may not be available in four years but feels the County should take this over for now. Commissioner Baney stated that this is a valid point and will be discussed further. William Sullivan said that he owns the forty acres previously mentioned. He does not live in Deschutes County at this time and has questions about how this is tabulated. He has a problem with being assessed for four lots, as he is not a builder or developer and has no intention of dividing the property except perhaps within the family. The sewer district also gets four assessments. Mr. Kolb stated that the sewer district agreement covered that issue. He stated that it can be divided into four lots, and when people vote on the LID they are notified of the potential cost. Mr. Sullivan stated he was told by local people that it was going to pass and there was no need for him to vote. He was told it was $10,000, which he assumed was it was for the entire property. The bid came in lower but his bill is still $25,000. He just took ownership in March 2008. Commissioner Baney asked how the process is documented and whether it is provided to owners. Mr. Kolb stated that it is. The LID was delayed because the Forest Service was still in ownership of the property and by law could not be assessed. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 3 of 10 Pages Tom Blust stated a public hearing was held on the methodology and the original assessment amounts. The final assessment portion today does not address the methodology, which was determined some time ago. Mr. Sullivan said that Code states that if they are hooked up to a public sewer system, only one lot is allowed. Mr. Blust stated that the zoning is RR -10 with a wildlife overlay and could potentially have four residences. Ms. Craghead stated that she would have to look at Code in regard to a sewer district. It was pointed out that cluster developments do not have to be on sewer. Robert Dryden said that the first mile of the road district goes through the Oregon Water Wonderland effluent pond area. This property is not hooked into the system. Anything there would have to be pumped all of the way into the treatment plant and back to the ponds. Commissioner Baney sated that she is concerned about assessing property on the ability to build, when it may never happen. Mr. Blust said that it is something they can look into. Commissioner Luke stated that this is an ad valorem tax on the property. Mr. Blust clarified that although they are a special road district, the LID is separate from that. This is a funding mechanism to get the work done. Also, the group was putting so much money into maintaining Foster Road that they had nothing left over for the internal roads. Commissioner Luke said that it used to be assessed on frontage. A forty -acre parcel has a lot more potential than a one -acre lot that would pay the same cost as a potential ten -acre lot. LUKE: Move signature. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2009- 001, Initiating the Vacation of a Portion of J.N. Masten Road. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 4 of 10 Pages Mr. Kolb said they were approached by a citizen in the hopes to get this vacation done so he can fully utilize the property. There is no road on the site, no planned use for road purposes, and no reason to deny the vacation. This is the only property owner affected. No comments were received from adjacent property owners. One other problem is knowing exactly where the road would be located. It does not involve access to a river or public lands. LUKE: Move signature. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2009 -003, Vacating a Portion of J.N. Masten Road. LUKE: Move signature. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Contract for Audit Services. Jade Mayer of Brooks Resources and the Chair of the Deschutes County Audit Committee came before the Board and said that the Committee feels that audit services should be put to bid every three to five years. A subcommittee was convened to review criteria and the six subsequent bids. He then explained how the bids were evaluated. There was unanimous agreement on which bid scored the highest, and this was supported by the Audit Committee as well. Harrigan Price Frong is the apparent best bid and the Committee recommends hiring this firm for three years with two options to renew the contract. LUKE: Move Chair signature of the Notice of Intent to Award Contract as discussed. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 5 of 10 Pages VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 6. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2009 -007, Approving the Marshall Annexation into Cloverdale Rural Fire Protection District. Chair Baney opened the hearing at this time. Laurie Craghead gave a brief overview of the item. No further testimony was offered. LUKE: Move approval. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 7. Before the Board was Consideration of Whether to Hear an Appeal of the Hearings Officer's Decision regarding an Application from Tumalo Irrigation District (Appellant: Central Oregon Landwatch). Paul Blikstad said an appeal was received on the application, which includes issues regarding access. It was approved by the Hearings Officer previously and the Board declined hearing an appeal in 2006. This decision was appealed to LUBA and was then remanded back to the County. A letter was received to initiate remand proceedings, which must take place within 90 days. It was held on October 21, 2008. There is no time for the Board to hear this appeal because of the 90 day window; staff also feels that the Hearings Officer adequately addressed the issues brought up by LUBA in her decision. Commissioner Luke asked if this affects property the County owns in the same area. Ms. Craghead said the property is adjacent. Commissioner Luke stated that the County entered into an agreement with Tumalo Irrigation District regarding use of property. Ms. Craghead stated that the County's property is not involved in the appeal, and is not part of the record so cannot be discussed. She added that this was raised on the original appeal but was found to not be a concern. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 6 of 10 Pages Commissioner Unger stated that the Hearings Officer used the entire time allowed for a decision. Commissioner Luke said that a remand is on a different time frame than the original decision. Mr. Blikstad stated that notice requirements use up time and it is not unusual for a Hearings Officer to take the time allowed for their decision. Commissioner Luke clarified this was a remand with two main issues. Testimony was taken on those. LUBA made a decision on everything else. The opponent has the ability to go back to LUBA if they wish to appeal. Ms. Craghead stated that the issues were not based on County Code but on State law, so the Board's decision would have no bearing in any case. LUKE: Move that the Board not hear this appeal. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Sharon Smith, an attorney representing Tumalo Irrigation District, said that further discussion on the County's surplus property adjacent to TID property should probably be discussed at a work session. The County's property is landlocked, and part of the process was to dedicate land for access. The State does not want direct access to State highways. It would make sense for the County to participate so the County's property could be utilized once it has appropriate access. Tumalo Irrigation District and the County would have to apply separately. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. UNGER: Second. VOTE: UNGER: Yes. LUKE: Yes. BANEY: Chair votes yes. Consent Agenda Items 8. Signature of Document No. 2009 -005, a Service Agreement with Motorola for the Maintenance and Repair of Radio Equipment for the Sheriff s Office Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 7 of 10 Pages 9. County Administrator Signature of Document No. 2009 -020, a Lease Agreement for Land in La Pine Industrial Site Phase II 10. Signature of Resolution No. 2009 -002, Transferring Appropriations in the Community Development Department 11. Signature of Resolution No. 2008 -004, Transferring Appropriations in the Road Department Fund 12. Economic Grant Requests: • Central Oregon High School Rodeo Club — Commissioner Baney granted $500; Commissioner Unger granted $2,000. • Volunteers in Medicine — Commissioners Baney and Luke granted $1,000 each; Commissioner Unger granted $2,000. • Women's Resource Center — Commissioners Unger, Baney and Luke granted $1,000 each, contingent on the group obtaining the balance. • Oregon Youth Conservation Corps — Commissioner Baney granted $500; Commissioner Unger granted $1,000. • Bend Area Habitat for Humanity — Commissioners Unger, Luke and Baney granted $500 each. • Leadership Bend — Commissioner Luke granted $1,000; Commissioners Unger and Baney granted $500 each. 13. Approval of Minutes: • Business Meetings: January 5 & 7 • Work Session: January 5 & 7 CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $24,417.67. LUKE: Move approval, subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 8 of 10 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $8,191.89. LUKE: Move approval, subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $1,600,593.44. LUKE: Move approval, subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 17. Before the Board were Additions to the Agenda. None were offered. Being no further items to come before the Board, the meeting adjourned at 10:30 a.m. Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 9 of 10 Pages DATED this 7th Day of January 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary e Tammy : aney, Chair ae Dennis R. Luke, Vice Chair Alan Unger, Commissioner Minutes of Board of Commissioners' Business Meeting Wednesday, January 14, 2009 Page 10 of 10 Pages -TES* 0- C 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, JANUARY 14, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. 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. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Signature of Order No. 2009 -008, Certifying the Final Assessment for the Beaver Special Road District Local Improvement District — George Kolb, Road Department 3. CONSIDERATION of Signature of Resolution No. 2009 -001, Initiating the Vacation o a Portion of J.N. Masten Road — George Kolb, Road Department 4. CONSIDERATION of Signature of Order No. 2009 -003, Vacating a Portion of J.N. Masten Road — George Kolb, Road Department 5. CONSIDERATION of Chair Signature of a Notice of Intent to Award Contract for Audit Services — David Givans, Internal Auditor 6. A PUBLIC HEARING and Consideration of Signature of Order No. 2009- 007, Approving the Marshall Annexation into Cloverdale Rural Fire Protection District — Laurie Craghead, Legal Counsel 7. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's Decision regarding an Application from Tumalo Irrigation District (Appellant: Central Oregon Landwatch) — Paul Blikstad, Community Development Department Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 1 of 7 Pages CONSENT AGENDA 8. Signature of Document No. 2009 -005, a Service Agreement with Motorola for the Maintenance and Repair of Radio Equipment for the Sheriff's Office 9. County Administrator Signature of Document No. 2009 -020, a Lease Agreement for Land in La Pine Industrial Site Phase II 10. Signature of Resolution No. 2009 -002, Transferring Appropriations in the Community Development Department 11. Signature of Resolution No. 2008 -004, Transferring Appropriations in the Road Department Fund 12. Economic Grant Requests: • Central Oregon High School Rodeo Club — Commissioner Baney granted $500; Commissioner Unger granted $2,000. • Volunteers in Medicine — Commissioners Baney and Luke granted $1,000 each; Commissioner Unger granted $2,000. • Women's Resource Center — Commissioners Unger, Baney and Luke granted $1,000 each, contingent on the group obtaining the balance. • Oregon Youth Conservation Corps — Commissioner Baney granted $500; Commissioner Unger granted $1,000. • Bend Area Habitat for Humanity — Commissioners Unger, Luke and Baney granted $500 each. • Leadership Bend — Commissioner Luke granted $1,000; Commissioners Unger and Baney granted $500 each. 13. Approval of Minutes: • Business Meetings: January 5 & 7 • Work Session: January 5 CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 2 of 7 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 17. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. 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. If you have questions regarding a meeting, please call 388 - 6572.) Thursday, January 8, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Wednesday, January 14, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. Annual Dinner with the Judges and Court Administrator Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 3 of 7 Pages Thursday, January 15, 2009 11:30 a.m. Regular Meeting with Commission on Children & Families' Board Monday, January 19, 2009 Most County offices will be closed to observe Martin Luther King, Jr. Day Tuesday, January 20, 2009 1:00 p.m. Health Department — Incident Command System Training for Executives Wednesday, January 21, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Public Hearing — Latham Mine Land Use Appeal Thursday, January 22, 2009 8:00 a.m. Administration/Board of Commissioners Annual Planning Retreat — Fair & Expo Center Monday, January 26, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 29, 2009 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, February 2, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 4 of 7 Pages Wednesday, February 4, 2009 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Regular Meeting with City of La Pine Council — Midstate Community Room, La Pine Wednesday, February 11, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 16, 2009 Most County offices will be closed to observe President's Day. Tuesday, February 17, 2009 12:00 noon Regular Meeting of Board and Department Directors Wednesday, February 19, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 23, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, February 25, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, March 2, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, March 4, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 5 of 7 Pages Thursday, March 5, 2009 10:00 a.m. Regular Update with District Attorney 11:00 a.m. Regular Update with Community Development Department 1:30 p.m. Regular Update with Road Department Monday, March 9, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, March 11, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 12, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 11:00 a.m. Regular Update with Mental Health Department 1:00 a.m. Regular Update with Health Department Monday, March 16, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, March 18, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 19, 2009 10:00 a.m. Regular Update with Community Justice Department 1:30 p.m. Regular Update with Solid Waste Department Monday, March 23, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 6 of 7 Pages Wednesday, March 25, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 26, 2009 9:00 a.m. Regular Meeting with Fair & Expo Department 11:00 a.m. Regular Meeting with Commission on Children & Families Monday, March 30, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 1, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, April 2, 2009 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, April 6, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 8, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, January 14, 2009 Page 7 of 7 Pages -k Deschutes County 1300 NW Wall Street, Ste. 200 Bend, OR 97701 -1960 Phone (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org NEWS RELEASE CONTACT: Dave Kanner, 388 -6565 Bend, Oregon January 16, 2009 County Awarded Distinguished Budget Award This week, Deschutes County received the Distinguished Budget Presentation Award from the Government Finance Officers Association for its fiscal year 2009 budget. "This is the highest honor a local government can earn for its budgeting efforts," said Dave Kanner, county administrator. "We have produced what I believe is a user - friendly document that serves as both a strategic plan and a communications tool, and the quality of the budget will only improve as we go forward." Kanner further noted that Finance Director Marty Wynne and Budget Analyst Teri Maerki deserved the lion's share of the credit for the production of the budget and the budget document. In addition, Kanner offered special praise for a team of County managers who developed the program budget format: Road Department Director Tom Blust, Sheriff's Office Operations Manager Jim Ross, Financial Analyst Debi Harr (DA's Office and Commission on Children and Families), Health Department Administrative Supervisor Vicki Shaw, and Assistant to the County Administrator Dave Inbody. The award represents a significant achievement by Deschutes County. It reflects the commitment of the County and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the County had to satisfy nationally recognized guidelines for effective budget presentation. The guidelines are designed to assess how well an organization's budget serves as: 1. a policy document 2. a financial plan 3. an operations guide 4. a communications device Budget documents must be rated "proficient" in all four categories to receive the award. In their narrative reviews, GFOA judges praised the budget document. "The County has done a superior job in explaining the financial foundation for decision - making," said one. "The readers of the document have been given an extraordinary level of detail to make judgments on how the County is spending its money and the issues that impact that effort." "Financial policies are clear and thorough," said another judge. "Long -term organization goals and priorities are clear. Excellent connection between long -term and short-term goals." Budget Award Cont'd PAGE TWO Judges also offered suggestions for improving the budget document, by strengthening the connection between countywide and departmental goals and objectives and improving some performance measures. "We will take these suggestions to heart and include them in our next budget," said Kanner. The award was won for budgets including fiscal periods 2006 and 1,127 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association (GFOA www.gfoa.org) is a nonprofit professional association serving 17,500 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Deschutes County Government provides for the safety, security and health of Deschutes County's 160,000 citizens through public safety, human services, adult and juvenile corrections and many other valuable public services. For more information, please go to www.deschutes.org IF YOU WISH TO TESTIFY Please complete this card & turn it in t a County staff person. Name: ,,pt�� Mailing Addre s: .Z j0k)', //iimJ iiii/cAq 2(90.7. Phone #: E -mail Address: Date: ,Jv /y /0� Subject: 4 ,� Rc{ IF YOU WISH TO TESTIFY Please complete this card & turn it in a County staff person. Name: 6ei244' 1,O, 1 , c-Av Mailing Address: I f, T Phone #: 5% E -mail Address: b 2 car; Dateo'L' f(/ Subject: )cc. IF YOU WISH TO TESTIFY Please complete this card (Si. turn it in to a County staff person. Name: CL 4 /7/ /5,4,,..4.)0 Mailing Address: oUi), csiC V 70/ Phone #: - E -mail Address: h,:?/„,Q Date: "04 2c Subject: ∎ ,wiz.") 2—; . Tel — a .41—S IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: p-c.,/ '4 o,Qrusm, Mailing Address: 927 A/6 2,10a-v./e/- /S /9 X77 f Phone #: .SL/' - zez -5/724 E -mail Address: Date: l-- -as Subject: TA? - (tou4 ( Date: January 14, 2008 To: Deschutes County Commissioners Re: Wedding/Event Operations TA -08 -9 By now we are sure you all are aware that soon you will be receiving a request from the Planning Commission asking you to delay enforcement action on all wedding event venue operators conducting non - agricultural, commercial weddings on EFU zoned lands in Deschutes County until December 31, 2009. We, a small group representing many of the opponents, have come before you today asking you to deny this request. In 2008 the county planning department sent each known vendor certified letters of concern. In May, vendors received notification that they were operating commercial weddings & events "that are not uses permitted outright in these zones" under current county code. They were then advised that the county would not pursue code enforcement actions pending the outcome of the active MUA TA -08 -3 amendment process. In September the department sent a follow -up letter with additional information warning the vendors that the end of the grace period for non - enforcement of code violations was fast approaching. The letter went on to state that any events conducted on property where the activity is not permitted outright or by means of a conditional use permit "will be pursued as a code enforcement violation" beginning in 2009. Should you consider approving this new request for an extension of the code enforcement moratorium we believe you would be opening up a Pandora's box of unintended consequences. For example you could: 1. end up with competing decisions should you approve this request but deny TA -08 -9 when it comes before you this year: which one will you then enforce? 2. or be asked for further extensions at the end of 2009 should you approve this request now, yet at the enc of this year be faced with no resolution on this issue....and on and on until the issue is resolved at the local or state level. 3. and just what exactly would you be allowing? Would it be just commercial weddings, or commercial weddings and group events? Would you be allowing them without any regulation which is occurring nt w or these events using the proposed TA -08 -9 restrictions? The county is under no obligation to allow these non - permitted activities to occur. The violating vendors have been given clear direction by the county that their activities will not be allowed in 2009 until this type of use is officially approved. They have chosen to continue booking events into 2009, and advertising to an unsuspectinig public in defiance of county guidance at their own risk, and are now asking you to OK their rash decisions. From a citizens standpoint as well as legitimate businesses who "play by the rules" and provide these services legally one begins to wonder if Deschutes county will ever start enforcing the rules. Will in fact Deschutes county become known as the new wild wild west of the 21' century where lawlessness is rewarded and honored. Opposition to TA -08 -9 is growing. As law abiding citizens we respectively ask you deny this new request by the applicant and the planning commission. Thank You for your Time Page 1 of 2 TA -08 -9 Name: 4 a, Address: 6 ?/7" c: t /-A6 J �.;z 3 7 c cJ� �� /�� L�` F hod ���i�', r77a 21235 t � as a/4_ x/66 (K. 9770/ `-� `q' 5 SF•�F 4.. i>a '\-1 0 -77 7770/ Note: EFU stands for Exclusive Farm Use, MUA stands for Multiple Use Agriculture, TA stands for Text Amendment. Page 2 of 2 TA -08 -9 January 14, 2009 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 977 )1 -1925 (541)388 -6575 FAX (541)335 -1764 http : / /www.co.deschutes.or.us /cdd/ MEMORANDUM DATE: January 5, 2009 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner RE: Appeal of Hearings Officer's decision on LUBA Remand for CU- 06 -20, CU- 06 -22, MP -06 -7, RD -06 -3 (A- 08 -22) Tumalo Irrigation District (TID) received approval of conditional use permits for a nonfarm dwelling on two parcels proposed as part of a partition of a 44.6 -acre parcel in the Exclusive Farm Use Zone. Additionally, TID received approval of an application for a road dedication included with the conditional use permits /partition applications. The Hearings Officer's origins! decision was rendered on August 23, 2006. This approval was appealed to LUBA, which remanded the decision back to the County. An additional hearing was held in front of the Hearings Officer. The Hearings officer re- approved the applications addressing the issues brought up in the LUBA remand. Central Oregon Landwatch (Paul Dewey) has appealed the second Hearings Officer's decision This appeal was submitted within the required 12 -day appeal period following the date o' mailing of the remand decision. The LUBA Remand public hearing on the above applications was held on October 21, 2008 Evidence and testimony were submitted at the hearing and the written record was left open for a period of time. The Hearings Officer's decision was mailed out on December 16, 2008, re -- approving the applications. The appellant has listed several issues on appeal that they believe the Hearings Officer's decision fails to adequately address. These issues are listed on pages 2 of the notice of appeal application. They have requested de novo review. These applications are limited to the 90 -day remand timeframe established under ORS 215.435 The applicant requested that the County initiate the remand process by the letter receiver September 16, 2008. The 90 -day period extended through December 15, 2008. The Hearings, Officer's decision was mailed a day later. Staff believes that the Board does not have time to hear this appeal. The applicant has not waived the remand review period. Additionally, staff does not believe that the issues raised by the appellants warrant review by the Board. Staff recommends that the Board deny review of the appeal. For your review, I have provided copies of the following: 1) Hearings Officer's remand decision; 2) the appellant's notice of appeal, and 3), a copy of ORS 215.435. Quality Services Performed with Pride