HomeMy WebLinkAbout2008-05-05 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, MAY 5, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy
Melton. Also present were Kristen Maze and William Groves, Community
Development Department; Laurie Craghead, Legal Counsel; media representative
Hillary Borrud of The Bulletin and a reporter from KOHD TV; and eight other
citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Decision regarding Document No. 2008 -120, an
Application for an Outdoor Mass Gathering Permit for an Event in
Tumalo (Applicant: 4 Peaks Presents) — Letters in Support & Letters in
Opposition.
Kristen Maze gave a brief overview of the item. One question was the duration
of the permit. The applicant has requested five days instead of eight days.
Their intent is music on the two days with consideration of noise control during
sound checks between 9 AM and 10 PM on Thursday, the day before the
festival, just to make sure the system is functional.
Laurie Craghead said that this would be a condition of the permit, and is
agreeable to the applicant.
Minutes of Board of Commissioners' Business Meeting Monday, May 5, 2008
Page 1 of 5 Pages
Ms. Maze stated that a condition of the permit requires adequate traffic control;
one person for each 250 persons expected. Five or six traffic control people
would be on site for the 1,400 anticipated attendees.
Commissioner Melton asked about placement; whether they are in a precise
location for a definite period of time. Ms. Maze said there is no requirement at
this point for them to be at a set location all the time, but would be at the major
intersections and the ingress /egress points. The Road Department did not
require a plan; George Kolb indicated that they would be happy to look over a
plan but the applicants already agreed to the conditions of approval. There
were no written comments received from any traffic control entities, including
the Road Department, ODOT and the Sheriff.
Ms. Maze stated that in regard to the tax deferral status, information was sent to
the Board, but this is not a land use issue. Also, Code prohibits set -up, staging
and similar activities within a thousand feet of a residence after hours. Staff is
requiring a maximum of 19 security personnel, but the applicant indicated there
would be more than that.
The request to waive the ambulance on site and testing the sound level have to
be approved separately.
Commissioner Melton asked that an explanation be given as to the fact that
most of the activities are allowed by Code. Ms. Craghead stated that they meet
the criteria in this case. In regard to the noise and ambulance issues, the Board
is able to waive or modify those conditions. The request is for 70 decibels /hour
until 10 and 50 decibels until midnight. Originally the request was for 70
decibels until midnight.
MELTON: Move that the ambulance on site not be a requirement for this
permit.
DALY: Second.
VOTE: MELTON: Yes
DALY: Yes.
LUKE: Chair votes no. (Split vote.)
Commissioner Melton said she is not in favor of allowing the decibels to be 70
until midnight. Commissioner Luke agreed. Therefore no motion was made.
Minutes of Board of Commissioners' Business Meeting Monday, May 5, 2008
Page 2 of 5 Pages
Commissioner Melton asked about camping on Thursday, Friday and Saturday.
Commissioner Daly observed that allowing more time for people to arrive and
depart would help with traffic control issues. Commissioner Melton stated that
she would like to see the mass gathering ordinance reviewed again this year.
Ms. Craghead said that the County has to comply with State law in this matter
as well.
MELTON: Move approval, with the changes suggested by staff.
DALY: Second.
Commissioner Luke stated that he is disturbed by the event being five days with
no control over the amount of music that will be played during that time. He
would also like to have a written traffic plan from the Road Department and
from ODOT if possible. He wants to see comments regarding the number of
flaggers, etc. If it ends up being 3,000 people at some point, he does not feel
that kind of traffic belongs in that area and on those roads. He also stated that
he does not like the idea of the tax deferral being on the properties.
Commissioner Daly commented that he believes this is a blue grass festival that
is family oriented, not a rock concert, per testimony received from numerous
people. He will try to attend this year just to see what it is like. It appears they
have complied with all aspects of Code and are trying to do the right thing.
They are entitled to a permit. Regarding the Family Motor Coach Association
events, they start arriving a week before the event; this results in few traffic
issues. Spreading the event out longer helps with the traffic mitigation. If it is
to come back again next year, perhaps a different venue can be found. But if
they comply with Code, they should be allowed a permit.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes no. (Split vote.)
3. Before the Board was Consideration of First Reading of Ordinance No.
2008 -007, Amateur Radio Text Amendment #TA- 06 -10.
Ms. Craghead stated that she said there cannot be an adoption by emergency
unless the vote is unanimous.
MELTON: Move first reading of the Ordinance, by title only.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, May 5, 2008
Page 3 of 5 Pages
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Commissioner Melton stated that this is another issue that has restrictions that
the County cannot change, in this case FCC guidelines. She supports the
amateur radio group, but is sensitive to the neighbors' situation.
Commissioner Luke said that he will be voting no on this ordinance. He felt
that the neighbors' needs were not adequately addressed. The County is
changing and there is a lot to take into consideration. He will vote yes on the
readings but no on the adoption.
Chair Luke conducted the first reading of the Ordinance, by title only. The
second reading and adoption will be scheduled for 1 p.m. on Monday, May 19,
just prior to the Budget Committee meeting.
4. Before the Board was Consideration of Whether to Hear an Appeal (File
A -08 -6) of the Hearings Officer's Denial of a Building Permit Appeal (File
#A -07 -9) — Appellant: Kuhn.
Will Groves said that this is a complicated matter. An application for an
interior remodel of a home was requested, and was approved at the desk. The
building permit and land use compatibility approvals were appealed. This went
to the Hearings Officer who found that because this was a development action
and not land use, it was not appealable. Also, the question of whether the
permit, because this issue had been through the Court of Appeals, could be
appealed.
Commissioner Luke said that a ruling by the Board caries more weight at
LUBA. Ms. Craghead said this is not a land use issue. It would be removed
from LUBA would be for this to go to Circuit Court. There is nothing for the
Board to approval unless the Board decides it is appropriate to hear it.
DALY: Move approval of the Order, denying the appeal.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, May 5, 2008
Page 4 of 5 Pages
5. Before the Board were Additions to the Agenda.
At this time the Board briefly discussed the formation of a transportation
district, since it encompasses Deschutes River Woods, which is outside the city
limits.
The e -mails that went to the DEQ and Joanie Hammond may help to expedite
action involving the south County groundwater situation.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10:50 a.m.
DATED this 5th Day of May 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
6744AAA-1161-144
Recording Secretary
Dennis R. Luke, Chair
hair
is ael Daly, C • missioner
Minutes of Board of Commissioners' Business Meeting Monday, May 5, 2008
Page 5 of 5 Pages
0
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, MAY 5, 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. A DECISION regarding Document No. 2008 -120, an Application for an
Outdoor Mass Gathering Permit for an Event in Tumalo (Applicant: 4 Peaks
Presents) — Kristen Maze, Community Development Department
3. CONSIDERATION of First Reading of Ordinance No. 2008 -007, Amateur
Radio Text Amendment #TA -06 -10 — Kristen Maze, Community Development
Department
4. CONSIDERATION of Whether to Hear an Appeal (File A -08 -6) of the
Hearings Officer's Denial of a Building Permit Appeal (File #A -07 -9) —
Appellant: Kuhn — Will Groves, Community Development Department
5. 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 Monday, May 5, 2008
Page 1 of 6 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.)
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
Tuesday, May 20, 2008
1:00 p.m. Budget Meeting
Wednesday, May 21, 2008
1:00 p.m. Budget Meeting
Board of Commissioners' Business Meeting Agenda Monday, May 5, 2008
Page 2 of 6 Pages
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)
5:00 p.m. (Tentative) Joint work session with the City of Bend Council, at the County
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)
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
Board of Commissioners' Business Meeting Agenda Monday, May 5, 2008
Page 3 of 6 Pages
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)
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)
Board of Commissioners' Business Meeting Agenda Monday, May 5, 2008
Page 4 of 6 Pages
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 4th 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
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)
Board of Commissioners' Business Meeting Agenda Monday, May 5, 2008
Page 5 of 6 Pages
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)
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 Monday, May 5, 200Th
Page 6 of 6 Pages