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Home My WebLink About2009-02-16 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 MONDAY, MARCH 16, 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; Chris Bedsaul and Anthony Raguine, Community Development; Laurie Craghead, Legal Counsel; Timm Schimke, Solid Waste; and two other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2009- 145, a Change Order to an Agreement regarding the 2008 Knott Landfill Rock Removal Project. Timm Schimke said this is a change order to the contract approved in late 2008 for rock removal from Knott Landfill to be taken to the rose pit. The bids that were received are competitive. Public contracting law allows changes of 25% of the contract amount. There were some small change orders but this large one will bring them to 25% over original contract. Commissioner Baney asked if this is a one time change order. Mr. Schimke said yes and once the 25% cap is reached, they will have to go out to bid for more work. Commissioner Luke asked if there was some discussion about crushing yet. Mr. Schimke said no. The quality of the rock is increasing as they get farther Board of Commissioners' Business Meeting Monday, March 16, 2009 Page 1 of 6 Pages into the mass and they may have it tested to see if it meets state standards. They will crush some for landfill needs and will have additional rock available to them that they may designate for some future projects. LUKE: Move approval of Document No. 2009-145. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2009-016, Denying Review of the Hearings Officer's Decision regarding a Seven -lot Subdivision Proposed by Delmar and Delores Kennel. Chris Bedsaul said the application has been in process for quite some time. The public heard the decision on July 2007 which was a denial. In October of 2007 the applicant filed an appeal. In March of 2008 the applicant requested a second delay and extended the period for one year. The applicants request for extension is now expired. The applicant has not received a ruling and staff recommends denial. LUKE: Move approval of Order No. 2009-016. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Before the Board was a Public Hearing on an Application for a Plan Amendment and Zone Change for the Deschutes Junction Rural Industrial Zoned Subject Property 4-R Equipment. Anthony Raguine said he is attending in place of Will Groves. Commissioner Baney opened the hearing and read the opening statement. Laurie Craghead said apparently the statement was not changed; the period is still at the Boards discretion. Commissioner Baney said to strike any mention of seven days. The time period is at the Boards discretion. Board of Commissioners' Business Meeting Monday, March 16, 2009 Page 2 of 6 Pages Mr. Raguine gave the staff report and said there is no opposition to the application. The Hearings Officer gave her approval. Ms. Craghead said because of this being in a resource zone, the Board is required to hear it. Ms. Craghead said aggregate and minerals are the resources. It was EFU at one point before it became industrial. Commissioner Luke asked if there was ever any water on the land. Commissioner Baney said per the findings it is believed there is. Mr. Raguine finished with the staff report. Sharon Smith handed out maps. She said they are already in the record but brought them for easy reference. She referred to the map showing the strip for tax lot 301 between the canal and the rural industrial zone. The property had been EFU prior to the rezone of Cascade Pumice in the 1990's. It originally allowed only the process of pumice. Cascade Pumice is no longer there. She said Ron Robinson would like to do crushing of minerals, pumice and aggregate. West of the canal tax lot 200 is also owned by 4R and it is zoned EFU. The second document is a concept plan that shows the operation and future operations for Deschutes Junction area. It has an office building, equipment shop, fueling and south of the overpass areas for stockpiling and processing. The overpass is being extended and will somewhat impact operations but it will still be usable. They will be asking for a zone change Commissioner Luke asked if the future application will be on a concept development plan. Mr. Robinson said there is an existing rock pile with a screen of junipers. Commissioner Luke stated the future concept is not in the current plan. Ms. Smith said that is correct, it will be in a future plan. The current application is not the entire parcel but a portion of tax lot 301. She said they did not have anything additional to add. The Hearings Officer made the decision and they are just asking the Board to approve the application. She said there is no reason to leave the record open. Ms. Craghead said unless the Board has changes, she recommends the Board to move to adopt the Hearings Officers decision. Commissioner Baney closed the hearing. LUKE: Move approval. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Board of Commissioners' Business Meeting Monday, March 16, 2009 Page 3 of 6 Pages Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Consent Agenda Items 5. Approval of Minutes: • Public Hearing: October 22, 2008 — Event Venues • Business Meeting: March 11 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Approval of Account Payable Vouchers for the 9-1-1 County Service District in the Amount of $9,971.17. LUKE: Move approval subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Account Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,512.29. LUKE: Move approval subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Board of Commissioners' Business Meeting Monday, March 16, 2009 Page 4 of 6 Pages RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 8. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $595,575.47. LUKE: Move approval subject to review. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 9. Before the Board were Additions to the Agenda. Ms. Craghead said given all parties are in attendance, she suggested the Board reopen the hearing and decide whether to have the ordinances adopted by emergency clause. Commissioner Baney reopened the hearing for item #4 on the agenda. Commissioner Luke said they do not do emergency clauses on ordinances unless there is a good reason. Ms. Smith said it needs the emergency clause for variety of reasons. They are not changing the operation, only the types of materials. This will allow operations to continue. Commissioner Unger said he was supportive of it as the impacts were minimal. Commissioner Baney said there was no opposition. Commissioner Luke sated he saw no reason to delay the application. Commissioner Baney re -closed the public hearing. LUKE: Move approval to amend previous motion to adopt by emergency. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Board of Commissioners' Business Meeting Monday, March 16, 2009 Page 5 of 6 Pages Being no further items to come before the Board, the meeting adjourned at 10:50 a.m. DATED this 16"' Day of March 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy Baney, Chair Dennis R. Luke, Vice Chair 6,1a,, (,(4,e_, Alan Unger, Commissioner Board of Commissioners' Business Meeting Page 6 of 6 Pages Monday, March 16, 2009 Agenda Item of Interest 0 a) 0 a E-mail address b a) 0 Neutral/Undecided Q \\•4•-; a) Submitting written documents as part of testimony? 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