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HomeMy WebLinkAbout2009-04-20 Business Meeting Minutes0 -( 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 BOARD BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 20, 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; Will Groves, Cynthia Smidt, Kevin Harrison and Ed Pecoraro, Community Development Department; Laurie Craghead, Legal Counsel; David Inbody, Assistant to the Administrator; and seven other citizens. Media representatives Hillary Borrud with the Bulletin and Chris Adams with KOHD were present. 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 Ordinance No. 2009- 007, Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Adopt an Exception to Goals 3 and 14, to Change the Plan Designation for the 4-R Equipment Property on Deschutes Market Road From Rural Industrial with a Limited use Combining Zone to Rural Industrial with a New Limited Use Combining Zone and Declaring an Emergency. Will Groves with Deschutes County Planning, said the ordinances were verbally approved on March 16, 2009. Commissioner Baney said she did not know it was requested to be done by emergency. Mr. Groves said the applicant Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 1 of 7 Pages requested it be done by emergency, family wage j obs in emergency request. Commissioner Luke said he had no opposition to this. LUKE: Move approval of Ordinance No. 2009-007. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 3 Before the Board was Consideration of Signature of Ordinance No. 2009- 008, Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for the 4-R Equipment Property From Rural Industrial with a Limited Use Combining Zone to Rural Industrial (RI) with a New Limited use Combining Zone and Declaring an Emergency. (4-R Equipment, LLC, File Nos. PA -08-6 and ZC-08-6.) Mr. Groves said the change to Title 18 is necessary to implement the change that was discussed for Ordinance No. 2009-007. LUKE: Move approval of Ordinance No. 2009-008. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. CONSIDERATION of Signature and First Reading of Ordinance No. 2009-010, Amending Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Forest Use Zone, F-1 to Forest Use Zone, F-2. (File No. ZC-08-7, Vandevert Road, LLC.) Mr. Groves said on March 30th the Board verbally approved File ZC-08-7. Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 2 of 7 Pages LUKE: Move 1St reading by title only of Ordinance No. 2009-010. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney did the first reading. The second reading will be done in two weeks on May 4th 5. Before the Board was Consideration of Whether to Hear an Appeal of the Hearings Officer's Decision Denying a Request for a Lot of Record Verification. (Applicant: Central Oregon Irrigation District — File No: A- 09-2 (LR -08-11.) Cynthia Smidt said the Hearings Officer denied the lot of record. The decision was made by not supported documentation in the record. She gave a brief overview of the property. The hearings Officer reviewed the lot of record based on court of appeals case. It is definitely a legal determination. Commissioner Baney asked what they could do with the property if they do not have a legal lot of record. Ms. Smidt said as stand alone property, they can not do anything with it. Commissioner Unger asked if the issue is that the whole property is not declared a legal lot of record? Ms. Smidt said the applicant asked for the south piece and staff and the Hearings Officer denied that. Staff found different results and the Hearings Officer did not look at the whole parcel. Commissioner Unger asked about the ability to use the whole 33 acres for development. Ms. Smidt said that would take additional review. Commissioner Unger said there lots all over the County that have no legal description. It needs to be solved one way or the other. Laurie Craghead said the main issue is did the highway split the parcel into two different lots. Prior to 1991 when the statute changed if a portion of the property was deeded out, then it would be a lot. This is state owned so it did not need to be deeded out. She did not know how many other lots are in the same situation. If there were deeds between departments in the state, would Board of Commissioners' Business Meeting Minutes Page 3 of 7 Pages Monday, April 20, 2009 that be sufficient of a deed to create a legal lot of record. Given we do not know, legally staff agrees that we do not think we can get there. It is a matter of policy if you want to hear this. LUKE: Move approval to hear this appeal de novo. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. LUKE: Move approval of Order No. 2009-028. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 6. Before the Board was Consideration of Signature of Order No. 2009-022, Changing the Name of Gray Birch Lane to West Core Road. LUKE: Move approval of Order No. 2009-022. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 7. Before the Board was Consideration of Signature of Order No. 2009-023, Changing the Name of Perslemon to Penstemon. LUKE: Move approval of Order No. 2009-023. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 4 of 7 Pages 8. Before the Board was Consideration of Signature of Order No. 2009-024, Changing the Name of Thielson Lane to an Unnamed Access Road. LUKE: Move approval of Order No. 2009-024. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 9. Before the Board was Consideration of Signature of Order No. 2009-025, Assigning the Name of Beaver Ridge Loop to an Unnamed Access Road. LUKE: Move approval of Order No. 2009-025. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 10. Before the Board was Consideration of Signature of Order No. 2009-026, Assigning the Name of Ranch Cabins Lane to an Unnamed Access Road. LUKE: Move approval of Order No. 2009-026. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 11. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of Document No. 2009-185, an Agreement Amending the Collective Bargaining Agreement between Deschutes County and the American Federation of State, County and Municipal Employees Local 3997 and Council 75, dated June 28, 2006. Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 5 of 7 Pages Cecil Tibbetts with AFSCME Local 3997, said it is tough times and being such, Dave Kanner approached them asking members to forego this year's cost of living adjustment (COLA). He expressed his appreciation for the openness of the negotiations. The request was taken to the membership and they approved it. Commissioner Luke said the union members have been praised for what they did on local radio and television stations. The Board is proud of our employees and what they have done. Commissioner Baney said she would also like to say thank you.. These are tough times and some of those making this decision may have had spouses who have lost jobs. She said everyone would get through it together, together we can make change. This has been a difficult task but we can start off next year better than we would have. Commissioner Unger thanked Mr. Kanner and Mr. Tibbetts. He said it is great knowing that people who work for Deschutes County have pulled together and made this difficult decision. Commissioner Luke said our employee's rank highly and makes the County what it is. Mr. Kanner expressed his deep appreciation to Mr. Tibbetts and the membership. About 90% of the members approved this agreement. LUKE: Move approval of Document No. 2009-185. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. B. Before the Board was Consideration of Signature of Resolution No. 2009-042, Determining and Declaring a Fiscal Emergency and Closing County Offices on December 24 and 31, 2009. Mr. Kanner said under state statue county clerks offices are required to be open except state holidays or locally mandated holidays due to an emergency. Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 6 of 7 Pages Deschutes County is making December 24 and December 31 local holidays due to a fiscal emergency. Some offices will not be closed. In those offices employees will take different days off. Commissioner Luke said he has never seen Solid Waste shut down for four days. Mr. Kanner said Solid Waste, Road Department and the Sheriff's Office will not be affected by this closure. LUKE: Move approval of Resolution 2009-042. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Being no further items to come before the Board, the meeting adjourned at 10:35 a.m. DATED this 20th Day of April 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy Baney, Chair Dennis R. Luke, Vice Chair Com. Omt, Alan Unger, Commissioner Board of Commissioners' Business Meeting Minutes Monday, April 20, 2009 Page 7 of 7 Pages 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., MONDAY, APRIL 20, 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 Ordinance No. 2009-007, Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Adopt an Exception to Goals 3 and 14, to Change the Plan Designation for the 4-R Equipment Property on Deschutes Market Road From Rural Industrial with a Limited use Combining Zone to Rural Industrial with a New Limited Use Combining Zone and Declaring an Emergency — Will Groves, Community Development Department 3. CONSIDERATION of Signature of Ordinance No. 2009-008, Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for the 4-R Equipment Property From Rural Industrial with a Limited Use Combining Zone to Rural Industrial (RI) with a New Limited use Combining Zone and Declaring an Emergency. (4-R Equipment, LLC, File Nos. PA -08-6 and ZC-08-6) — Will Groves, Community Development Department 4. CONSIDERATION of Signature and First Reading of Ordinance No. 2009- 010, Amending Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Forest Use Zone, F-1 to Forest Use Zone, F-2. (File No. ZC-08-7, Vandevert Road, LLC) — Will Groves, Community Development Department Board of Commissioners' Business Meeting Agenda Page 1 of 6 Pages Monday, April 20, 2009 5. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's Decision Denying a Request for a Lot of Record Verification. (Applicant: Central Oregon Irrigation District — File No: A-09-2 (LR -08-11) — Cynthia Smidt, Community Development Department 6. CONSIDERATION of Signature of Order No. 2009-022, Changing the Name of Gray Birch Lane to West Core Road — Ed Pecoraro, Community Development Department 7. CONSIDERATION of Signature of Order No. 2009-023, Changing the Name of Perslemon to Penstemon — Ed Pecoraro, Community Development Department 8. CONSIDERATION of Signature of Order No. 2009-024, Changing the Name of Thielson Lane to an Unnamed Access Road — Ed Pecoraro, Community Development Department 9. CONSIDERATION of Signature of Order No. 2009-025, Assigning the Name of Beaver Ridge Loop to an Unnamed Access Road — Ed Pecoraro, Community Development Department 10. CONSIDERATION of Signature of Order No. 2009-026, Assigning the Name of Ranch Cabins Lane to an Unnamed Access Road — Ed Pecoraro, Community Development Department 11. 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 tines 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.) Board of Commissioners' Business Meeting Agenda Monday, April20, 2009 Page 2 of 6 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 20, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend CONSIDERATION of Signature of Document No. 2009-185, an Agreement Amending the Collective Bargaining Agreement between Deschutes County and the American Federation of State, County and Municipal Employees Local 3997 and Council 75, dated June 28, 2006 — Dave Kanner, County Administrator CONSIDERATION of Signature of Resolution No. 2009-042, Determining and Declaring a Fiscal Emergency and Closing County Offices on December 24 and 31, 2009 — Dave Kanner, county Administrator