HomeMy WebLinkAbout2008-06-16 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, JUNE 16, 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 Dave Kanner, County Administrator; Laurie Craghead,
Legal Counsel; Anthony Raguine and Kevin Harrison, Community Development
Department; Shannon Dames, Health Department; a media representative of
KOHD TV; and two 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 Consideration of Signature of Document No. 2008-
089, an Intergovernmental Agreement between Deschutes, Crook, Douglas,
Grant, Harney, Jefferson, Klamath, Lake, Lane and Wheeler Counties to
Provide Mutual Aid in the Case of a Public Health Emergency.
Shannon Dames gave a brief overview of the item. The original document was
drafted in 2006, but the new version clarifies response time, arbitration and
other issues. The idea is to minimize complications if and when a disaster
occurs.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, June 16, 2008
Page 1 of 5 Pages
3. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2008 -044, Approving the Thornburgh Resort Annexation into
Deschutes County Rural Fire Protection District #1.
Laurie Craghead said the Board asked for a letter from the Fire Protection
District. She said Chief Moore prepared a letter to the Board, explaining that
financial issues are not a problem, and part of the area is already within the
District, along with BLM through a mutual aid agreement. Paul Dewey
submitted a letter this morning, expressing concern over the annexation in
regard to findings, as he feels this is more of an urban use and not a rural use
and the comprehensive plan does not provide for this. He also said that the
revenue figures were not specific enough.
Ms. Craghead said that destination resorts are placed in rural areas and are
allowed on EFU land, so Mr. Dewey's argument does not apply. The District
has also reviewed the finances and does not feel that there will be financial
problems tied to this annexation.
Commissioner Melton stated that Chief Moore contacted her to let her know
that the letter was forthcoming. She also said that the requirements have been
met.
No other testimony was offered, so Chair Luke closed the hearing.
MELTON: Move approval, with the amendment map as discussed on June 2.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Approval of the Release of the
Tetherow Phase II Performance Bond and Acceptance of the Maintenance
Bond.
Anthony Raguine gave an overview of the item. The road department has
inspected the work that has been done and signed off.
MELTON: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, June 16, 2008
Page 2 of 5 Pages
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Whether to Hear an Appeal ( #A-
08-6) of the Hearings Officer's Decision Denying a Variance ( #V -08 -1;
Applicant: Kulin).
Kevin Harrison said that staff briefed the Board at an executive session last
week. The Hearings Officer denied the variance in part. Staff recommends that
the applicant not hear this appeal and that the applicant got a full and fair
hearing before the hearings Officer.
Commissioner Daly said that he did the septic improvements at the subject
property in the past for a former owner, but did not do septic system
improvements on the new building in question.
MELTON: Move that the Board not hear the appeal. The received a fair
hearing and have other courts that they can appeal to if they desire.
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, with the exception of the minutes of April 21 and
May 14, which have not yet been reviewed, and changes to the
economic development grant fund amounts.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
6. Signature of Order No. 2008 -065, Assigning the Name of "Diamond T Road"
to an Unnamed Access Road
Minutes of Board of Commissioners' Business Meeting Monday, June 16, 2008
Page 3 of 5 Pages
7. Signature of Document No. 2008 -346, a Services Agreement regarding
Assessment and Taxation Software
8. Signature of a Letter Accepting the Resignation of Conrad Ruel from the South
County Financial Assistance Citizen Advisory Committee, and Thanking Him
for His Service
9. Signature of Letters Accepting the Resignation of Brian Harrington and Chuck
Arnold from the Bicycle and Pedestrian Advisory Committee, and Thanking
Them for Their Service
10. Signature of Letters Reappointing Matt Martin, Elaine Knobbs, and Chuck
Humphreys to the Deschutes County Bicycle and Pedestrian Advisory
Committee, through June 30, 2011
11. Approval of Minutes:
• Work Session: May 28
• Business Meeting: April 21; May 14 and 28
12. Economic Development Grant Request:
• Deschutes County Historical Society — Computer Network Upgrades —
Commissioners Luke and Melton granted $500 each; Commissioner Daly
granted $1,614.95.
• Central Oregon Senior Pro Rodeo Association — Promotion — Commissioner
Luke granted $500 and Commissioners Daly and Melton granted $1,000 each
• La Pine Park & Recreation District, Summer Kids' Program —
Commissioners Daly and Luke granted $500 each, and Commissioner
Melton granted $1,500.
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9 -1 -1 County Service District.
This will be addressed at the Wednesday, June 18 work session.
Minutes of Board of Commissioners' Business Meeting Monday, June 16, 2008
Page 4 of 5 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
14. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension /4 -H County Service District.
This will be addressed at the Wednesday, June 18 work session.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County.
This will be addressed at the Wednesday, June 18 work session.
16. ADDITIONS TO THE AGENDA
None were offered.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10:20 a.m.
DATED this 16th Day of June 2008 for the Desc»tes County Board of
Commissioners.
ATTEST:
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Recording Secretary
Dennis R. Luke, Chair
Tammy Baney, Vice it
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c ael M. Daly, Comfissioner
Minutes of Board of Commissioners' Business Meeting Monday, June 16, 2008
Page 5 of 5 Pages
DESCHUTES COUNTY
RURAL FIRE PROTECTION
DISTRICT #1
June 10, 2008
Deschutes County Board of Commissioners
1300 NW Wall Street, Ste. 200
Bend, OR 97701
Subject: Review of the Thornburgh Destination Resort Annexation
Dear Commissioners:
As requested, the Deschutes County Rural Fire Protection District #1, DCRFPD #1, Board
of Directors has reviewed the annexation request which the Board unanimously approved
on May 5, 2007. The annexation meets DCRFPD #1's annexation policy and
requirements. The Thornburgh Resort staff has addressed the Board's concern regarding
response times. In addition, Redmond Fire and Rescue's requirements to meet emergency
evacuation requirements have been met.
DCRFPD #1 was concerned regarding the time it would take to respond to the proposed
resort area. Thornburgh staff has reassured Board members (in writing) that they were
aware of the distance from the closest station, stating they would evaluate this situation as
the project proceeds in order to encourage and facilitate a safety- minded development. It
should also be noted that this area is currently covered by Redmond Fire & Rescue
through wildland fire agreements with local, state, and federal agencies.
Please feel free to contact me if you have additional questions or concerns.
Sincerely,
Tim Moor
Fire Chief
L
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BOARD OF COM!SSIONERS
ADP;iiNlST101 -10N
Main Office, 341 NW Dogwood Ave, Redmond, OR 97756 (541) 504 -5000, Cline Falls Station, 100 SW 67th,
Redmond, OR 97756 (541) 504 -5050, Terrebonne Station, 1390 C Ave., Terrebonne, OR 97760 (541) 504 -506
Paul D. Dewey Attorney at Law
1539 NW Vicksburg
Bend, Oregon 97701
Tel. (541) 317 -1993
fax (541) 383 -3470
pdewey(cdbendcab1e.com
June 16, 2008
Deschutes County Board of Commissioners
1300 NW Wall Street
Bend, OR 97701
Re: Thornburgh Resort Property Annexation Petition
Dear Commissioners:
I am writing on behalf of my client, Nunzie Gould, to comment further on the County's
consideration of the proposed Thornburgh Resort annexation into RFPD #1. At the hearing on
June 2, Staff presented a draft Order to the Board which required application of the criteria of
ORS 199.462 and 198.805. Accordingly, on behalf of my client, I argued that the criteria of
those statutes are not met here.
Subsequent to that hearing, County Counsel advised the Board that the only criteria which
should be applied to this application is the County Comprehensive Plan. There has been no
identification, however, of what criteria from the Plan is applicable here. A Staff Memorandum
of May 13, 2008, on this issue only cites Section 23.68.020(1)(e) and that policy merely states
that the County "shall encourage the formation of special service districts to serve rural needs."
(Emphasis added.) The proposed Thornburgh Destination Resort will have 1,375 single family
and residential overnight units plus a 50 -unit hotel and is by no definition a "rural" need. It will
have a population larger than the city of Sisters.
Additionally, the policy in Section 23.68.020(1)(b) provides:
"While clear distinctions are not always possible between urban and rural
services, those facilities (such as sewage treatment plants, water systems, schools
and fire stations), which are necessary to serve as concentrations of people shall
be known as key facilities and shall be located in urban areas or in rural service
centers, if necessary, to meet the needs of existing rural residents."
It is not existing rural residents which are to be served with this proposed annexation. In fact,
there is no evidence that there are any existing rural residents located in the proposed expansion
area. Instead, this proposed annexation is to cover future development in the area.
The plan in Section 23.68.010(E) also notes that the Bend Fire Department "has had to put a
moratorium on any new annexations because of facility shortages." It is apparently out of
concern as to whether or not RFPD #1 can adequately service this area or has the financial
June 16, 2008
Page 2
capability to take on this area that the Board has requested a letter from the RFPD Board
verifying that it has the capacity to serve the additional proposed territory.
In addition, Section 23.24.020(B) calls for the design of rural development "to minimize the
public costs of facilities and services, to avoid unnecessary expansion of service boundaries." It
is again totally inappropriate for this private large development to increase public costs of
facilities and services and expansion of service boundaries when it should be providing fire
protection services on its own.
Accordingly, the Board should reject this proposed annexation as inconsistent with the County's
Comprehensive Plan. It is not in the public interest or in the RFPD #1's interest. There has also
been no showing that any additional revenues to the RFPD will offset the additional costs of
having to provide services so far away from the city of Redmond where the Fire Department
which is to provide services under the RFPD contract is located.
Very truly yours,
PAUL DEWEY
PD:ao
cc: Client
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1966
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
BUSINESS MEETING AGENDA — FOR THE WEEK
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JUNE 16, 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 -089, an
Intergovernmental Agreement between Deschutes, Crook, Douglas, Grant,
Harney, Jefferson, Klamath, Lake, Lane and Wheeler Counties to Provide
Mutual Aid in the Case of a Public Health Emergency — Shannon Dames,
Health Department and /or Don Webber, Sheriff's Office
3. A PUBLIC HEARING (continued from June 2 and June 9) and Consideration
of Signature of Order No. 2008 -044, Approving the Thornburgh Resort
Annexation into Deschutes County Rural Fire Protection District #1 — Laurie
Craghead, Legal Counsel
4. CONSIDERATION of Approval of the Release of the Tetherow Phase II
Performance Bond and Acceptance of the Maintenance Bond - Anthony
Raguine, Community Development Department
5. CONSIDERATION of Whether to Hear an Appeal ( #A -08 -6) of the Hearings
Officer's Decision Denying a Variance ( #V -08 -1; Applicant: Kulin) — Will
Groves, Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 1 of 8 Pages
CONSENT AGENDA
6. Signature of Order No. 2008 -065, Assigning the Name of "Diamond T Road"
to an Unnamed Access Road
7. Signature of Document No. 2008 -346, a Services Agreement regarding
Assessment and Taxation Software
8. Signature of a Letter Accepting the Resignation of Conrad Ruel from the South
County Financial Assistance Citizen Advisory Committee, and Thanking Him
for His Service
9. Signature of Letters Accepting the Resignation of Brian Harrington and Chuck
Arnold from the Bicycle and Pedestrian Advisory Committee, and Thanking
Them for Their Service
10. Signature of Letters Reappointing Matt Martin, Elaine Knobbs, and Chuck
Humphreys to the Deschutes County Bicycle and Pedestrian Advisory
Committee, through June 30, 2011
11. Approval of Minutes:
• Work Session: May 28
• Business Meeting: April 21; May 14 and 28
12. Economic Development Grant Request:
• Deschutes County Historical Society — Computer Network Upgrades —
Commissioners Luke and Melton granted $500 each.
• Central Oregon Senior Pro Rodeo Association — Promotion — Commissioner
Luke granted $500 and Commissioners Daly and Melton granted $1,000 each
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
13. 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
14. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4 -H County Service District
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 2 of 8 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
16. 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 altemative 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.)
Monday, June 16, 2008
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, June 17, 2008
8:00 a.m. Discussion of Public Safety Continuum — Ken Hales, Community Justice; Sheriff Larry
Blanton; District Attorney Mike Dugan; Board of Commissioners & County
Administrator
Wednesday, June 18, 2008
10:30 a.m. Oregon Youth Challenge Graduation Ceremony
2 :30 p.m. Administrative Work Session — could include executive session(s) — please note later time
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
11:00 a.m. Quarterly Update — Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 3 of 8 Pages
Monday, June 23, 2008
10 :00 a.m. Board of Commissioners' Meeting — Includes Budget Hearings, and Adoption of
Fees and Budget
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 25, 2008
10:00 a.m. Board of Commissioners' Meeting
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)
5:00 p.m. (Tentative) Joint Meeting with the City of La Pine Council, in La Pine
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)
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 4 of 8 Pages
Tuesday, July 8, 2008
11:00 a.m. Commission on Children & Families' Interviews
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
Wednesday, July 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 23, 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)
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 5 of 8 Pages
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)
Wednesday, August 13, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 18, 2008
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting of Board of Commissioners and Department Directors
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 20, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, September 1, 2008
Most County offices will be closed to observe the Labor Day Holiday
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 6 of 8 Pages
Wednesday, September 3, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 4, 2008
10:00 a.m. Quarterly Meeting with District Attorney
11:00 a.m. Quarterly Meeting with Community Development Department
1:30 p.m. Quarterly Meeting with the Road Department
Monday, September 8, 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, September 10, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 11, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
11:00 a.m. Quarterly Meeting with Mental Health Department
1:00 p.m. Quarterly Meeting with Health Department
Wednesday, September 15, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 17, 2008
8:00 a.m. Public Affairs Counsel Conference Call — Legislative Update
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, June 16, 2008
Page 7 of 8 Pages
Thursday, September 18, 2008
9:00 a.m. Semi - annual Meeting with the County Clerk
10:00 a.m. Quarterly Meeting with Community Justice
Monday, September 22, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, September 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 25, 2008
9:00 a.m. Quarterly Meeting with Fair & Expo Center
10:00 a.m. Semi - annual Meeting with Assessor
11:00 a.m. Quarterly Meeting with Commission on Children & Families
Monday, September 29, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 1, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 2, 2008
9:00 a.m. Regular Bi- monthly Meeting with Congressional Staff
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, June 16, 2008
Page 8 of 8 Pages