Loading...
HomeMy WebLinkAbout2008-04-30 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, APRIL 30, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M. Daly. Also present were Dave Kanner, County Administrator; Scott Johnson, Mental Health Department; Catherine Morrow, Community Development; media representative Hillary Borrud of The Bulletin; and eight other citizens. Chair Luke called the meeting to order at 10:00 a.m. 1. Before the Board was Citizen Input. Mike Walker of Terrebonne said there is an issue with the Hillman subdivision, and the process implemented by the County is in conflict with current laws. He has met with Planning but doesn't feel as if he made progress. The cost to establish a procedure has not yet been determined. Commissioner Daly asked if the entire town of Terrebonne is part of the Hillman subdivision. Mr. Walker said that the majority of it is and this issue could affect over 250 properties. In Hillman, each lot was platted at 25 by 100 feet. When he purchased 72 lots he consolidated them in various fashions to create lots that meet the minimum building size at the time. A survey was done and the Planning Department signed off; septic evaluations were done on each. He was then told that he could not build. Commissioner Luke said he can understand the tax lots staying. Catherine Morrow said it has no legal authority to remove the underlying lots. Mr. Walker raised the issue, but septic systems cannot sit on a lot line. People do lot line adjustments often and the cost is about $230 to do so. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 1 of 9 Pages She said the problem can be fixed and she proposed to Mr. Walker is that there is a very narrow window before the new fee schedule is adopted. Commissioner Luke said you don't create new lots at the Assessor's Office, but through Planning. Mr. Walker stated that the title companies have to know what to do. There must be a way to handle this without a lot of fees. There are other property owners in a similar situation. He added that a 10x14 shed would require a permit, but because the lots are so narrow Catherine Morrow said that a planner signed off on it, and the Assessor did what is required. Dave Kanner stated that they can add a fee during the year but cannot raise an existing fee. Ms. Morrow stated that these are commonly known as lot line adjustments, or property line adjustments. Commissioner Luke stated that the Board cannot do anything about this issue today but that Mr. Walker should work with Ms. Morrow and her staff to resolve the problem. 2. Before the Board was Consideration of Signature of Document No. 2008- 201, the 2009 -11 Biennial Implementation Plan for Mental Health, Alcohol, Drug and Gambling Related Services. Scott Johnson gave a brief overview of the item, which will help with implementing the Governor's budget for the next biennium. The document has already been reviewed by various entities, including LPSCC. DALY: Move approval. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2008- 051, Appointing a Financial Assistance Administrator for Subcontracted Services. Mr. Johnson stated that the Resolution clarifies who is allowed to sign what level of amendments in the future. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 2 of 9 Pages DALY: Move approval. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2008- 213, Amending an Intergovernmental Agreement with the Oregon Department of Human Services regarding Mental Health, Developmental Disability and Addiction Services. DALY: Move approval. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2008- 169, Providing Additional funds to Cascade Healthcare Community to Serve Indigent Clients at Sage View. Mr. Johnson said this authorizes the receipt of over $500,000 from the State, and the amendment number is 34. DALY: Move approval. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of First Reading of Ordinance No. 2008 -002, Adding a New Chapter 2.15, County Audit Committee; and Repealing Chapter Section 2.14.100, Audit Committee. Mr. Kanner stated that he has been working on this with the Internal Auditor for some time. He feels that it should be an ordinance rather than a policy. The new Code section closely mirrors the policy. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 3 of 9 Pages The existing policy should be repealed to eliminate possible confusion in the future, and can be appealed on the effective date of the Ordinance. MELTON: Move approval by title only of the first reading of the ordinance. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. MELTON: Move approval of the Consent Agenda. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Items 7. Approval of Minutes: • Work Session: April 21 • Business Meeting: April 23 8. Economic Development Grant Requests (None were scheduled for approval.) CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $9,546.74. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 4 of 9 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $750.83. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 11. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $757,378.28. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 12. ADDITION TO THE AGENDA Before the Board was Consideration of Signature of Document No. 2008- 171, an Amendment to the Improvement Agreement regarding Required Amenities at Pronghorn Destination Resort (delayed from the Monday, April 28 agenda). Laurie Craghead said that Hotel A will be completed no later than three years, Hotel B in five years or less, and a description of completion dates and a requirement for annual progress reports have been added. The warranties between the two hotels are split out. And fifteen calendar days are given for the County Administrator to arrange for partial releases of funds. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 5 of 9 Pages Commissioner Melton said that she still doesn't see anything at the five year mark that is any different than what is already in place. She feels the extensions could yet again be perpetuated. She feels that there is a possibility of getting to the five year mark and the second hotel is not in place. The possibility of future destination resorts can be harmed by allowing continued extensions. If they ended up in a code enforcement situation, the County would work with them to come into compliance, but the fine of $600 per day would not greatly impact a resort. Other developers and the community need to know that we are not going to waffle on standing by the contractual agreements. At some juncture there needs to be more teeth. Commissioner Daly said that he doesn't think they have cut them too much slack. It takes time to get this type of development designed and built, and three years is not long. Commissioner Melton said that Pronghorn is top quality and their intentions are good, but she is concerned about the contractual agreements with them and other resorts. She does not feel that the Commissioners really think both hotels will be completed within five years and fees should be imposed if that occurs. Ms. Craghead stated that at that time the County can take the $5 million or whatever remains and complete the construction itself. Commissioner Melton stated that if the market shifts and the hotels are not built, the negative ramifications are a problem. She feels that the "what ifs" should be addressed now. Commissioner Luke said he does not understand what Commissioner Melton wants included in the agreement. She replied that she wants both hotels to be completed within three years and does not want to see a perpetual five -year extension. Commissioner Luke stated that he is happier that they are building a hotel and not single family dwellings. He asked if the same stance should be taken with other resorts that are also out of compliance, such as Eagle Crest. Commissioner Melton stated that these should have been taken care of at the time. Commissioner Luke said that there are situations that come up and destination resorts create more jobs than most businesses in this area, create payroll and have a huge tax base. To him it is no different than a city bailing out a business like Cessna. It is not in the best interest of the County for the County to take over this situation. The legislature set the rules and before that time there was even less local control over this type of situation. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 6 of 9 Pages Ms. Craghead said that there are no penalties other than taking over the bond. Commissioner Daly asked if this is a code enforcement issue. Ms. Craghead stated that it is a contractual agreement. The two hammers are to take the money and go build it, or charge a fine when they are out of compliance. At that point various motions would have to be filed and it could go to court. Commissioner Daly said that in his opinion the courts are likely to allow as much time as needed. The Commissioners need to work with them to make sure they are successful. The options are not workable. Commissioner Melton stated that if they do nothing, what that means is they can do whatever they want and could be out of compliance. Being in contempt or in code violation of the major part of being a destination resort should not be taken lightly. If there is a fine for this, it will allow more oversight. Perhaps if there are problems future resets may not be allowed. Commissioner Luke stated that there is no way that they won't be allowed, as there is too much revenue involved. They could modify the rules for mitigation issues such as roads and traffic, but destination resorts in Oregon will not be eliminated. Commissioner Melton thinks the Commissioners should stand firm on this issue, and feels that in five years nothing will have changed. Commissioner Luke stated that there will be annual updates and the first building will have to be done in three years, at which time the County could take action. The amount of money they can withdraw is significant, and it will cost more for them the longer they wait. Commissioner Luke said that Pronghorn met with most of their opponents prior to coming to the County, and he did not especially like this, but they worked out the details. These resorts create jobs. Some concessions should be made for large employers and taxpayers. Land use laws were bypassed for Les Schwab to build in Juniper Ridge and other large businesses are assisted in some ways. Commissioner Melton said she voted no on the Les Schwab issue because of the contractual agreement with the City of Bend. She asked if they went into Code violation now with no fine imposed at this time, would this work. They would have to pay the fine in total in three years if the hotel was not built. Ms. Craghead stated that the $8.5 million bond may not remain in place if this happens. This would give the Count the option of imposing the fine or calling the bond. Commissioner Luke said that this could amount to $50,000 a year, which is not a great amount for a large developer. And if they don't pay the fine, the County would have to go to court and try to foreclose. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 7 of 9 Pages Commissioner Melton wants the community to know that the County is doing something proactive instead of just hoping it happens in three or five years. She likes the idea of having a fine starting immediately, to give it some teeth. Commissioner Daly said that this would have to be imposed on any new business that comes to the area or to others who want to expand. This will discourage development in the County. Commissioner Luke wants the annual update to cover both buildings. Ms. Craghead said that it is not specifically tied to the hotels, but the entire project. Commissioner Luke stated that he likes the idea of updates instead of leaving it up to staff. This would be the first time this has been required, and will have the developer answer on the record where they are in the process. Commissioner Melton is concerned that this has been extended too many times and feels that it could very well not be met in the future. Teeth, or a hammer, need to be in place. Commissioner Luke said that the extensions were already built into the original contract. Ms. Craghead added that they were allowed extensions so were not out of compliance until now. And there are no automatic extensions in the new agreement. Commissioner Melton said that this is no reflection on Pronghorn but she is, as a matter of principle, concerned about the agreement. DALY: Move approval of Document No. 2008 -171, with the amendments as read into the record. LUKE: Second. VOTE: MELTON: No. (Split vote.) DALY: Yes. LUKE: Chair votes yes. Being no further items to come before the Board, Chair Luke adjourned the meeting at 11:45 a.m. Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 8 of 9 Pages DATED this 30th Day of April 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary .7 Dennis R. Luke, Chair 1 . n, V ce Chair Minutes of Board of Commissioners' Business Meeting Wednesday, April 30, 2008 Page 9 of 9 Pages IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: (1-,/ W Mailing ddress: 371 14 . (,J, AlUter --rroge OX 97760 Phone #: fit/',/ - 1;23 CD E -mail Address: pAi Date: 9- 3a - 3(9 6 A yr: 1 Subject: /1' iln, hive 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, APRIL 30, 2008 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 Document No. 2008 -201, the 2009 -11 Biennial Implementation Plan for Mental Health, Alcohol, Drug and Gambling Related Services — Scott Johnson, Mental Health Department 3. CONSIDERATION of Signature of Resolution No. 2008 -033, Appointing a Financial Assistance Administrator for Subcontracted Services — Sherri Pinner, Mental Health Department 4. CONSIDERATION of Signature of Document No. 2008 -213, Amending an Intergovernmental Agreement with the Oregon Department of Human Services regarding Mental Health, Developmental Disability and Addiction Services — Sherri Pinner, Mental Health Department 5. CONSIDERATION of Signature of Document No. 2008 -169, Providing Additional funds to Cascade Healthcare Community to Serve Indigent Clients at Sage View — Scott Johnson, Mental Health Department 6. CONSIDERATION of First Reading of Ordinance No. 2008 -002, Adding a New Chapter 2.15, County Audit Committee; and Repealing Chapter Section 2.14.100, Audit Committee — Dave Kanner, County Administrator Board of Commissioners' Business Meeting Agenda Wednesday, April 30, 2008 Page 1 of 7 Pages CONSENT AGENDA 7. Approval of Minutes: • Work Session: April 21 • Business Meeting: April 23 8. Economic Development Grant Requests CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 9. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 10. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 11. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 12. 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. Board of Commissioners' Business Meeting Agenda Wednesday, April 30, 2008 Page 2 of 7 Pages 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.) Wednesday, April 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 6:00 p.m. Public Hearing on Proposed Sunriver Mall Project, at Sunriver Monday, May 5, 2008 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) Wednesday, May 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 8, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers Wednesday, May 14, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, May 19, 2008 10:00 a.m. Board of Commissioners' Meeting 11:30 a.m. Regular Meeting of Commissioners and Department Heads — Meeting to include Budget Committee Members 1:00 p.m. Budget Meeting Board of Commissioners' Business Meeting Agenda Wednesday, April 30, 2008 Page 3 of 7 Pages Tuesday, May 20, 2008 1:00 p.m. Budget Meeting Wednesday, May 21, 2008 1:00 p.m. Budget Meeting Thursday, May 22, 2008 1:00 p.m. Budget Meeting Friday, May 23, 2008 1:00 p.m. Budget Meeting Monday, May 26, 2008 Most County offices will be closed to observe Memorial Day Monday, May 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday June 2, 2008 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) Tuesday, June 3 through Friday, June 6 Association of Counties Spring Conference Monday, June 9, 2008 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, April 30, 2008 Page 4 of 7 Pages Wednesday, June 11, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, June 12, 2008 9:00 a.m. Quarterly Update — Mental Health Department 10:00 a.m. Quarterly Update — Health Department Monday, June 16, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, June 17, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, June 18, 2008 10:30 a.m. Oregon Youth Challenge Graduation Ceremony Thursday, June 19, 2008 7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting 10:00 a.m. Quarterly Update — Juvenile Community Justice Monday, June 23, 2008 10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Public Hearings 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 25, 2008 10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Adoption 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, April 30, 2008 Page 5 of 7 Pages Thursday, June 26, 2008 9:00 a.m. Quarterly Update — Fair & Expo Center 11:00 a.m. Quarterly Update — Commission on Children & Families Monday, June 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 2, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 3, 2008 8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters Friday, July 4, 2008 Most County offices will be closed to observe the July 4`h Holiday Monday, July 7, 2008 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) Wednesday, July 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 10, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 12:00 noon Audit Committee Meeting Board of Commissioners' Business Meeting Agenda Wednesday, April 30, 2008 Page 6 of 7 Pages Tuesday, July 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, July 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 19, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 4, 2008 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) Wednesday, August 6, 2008 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, April 30, 2001, Page 7 of 7 Pages