HomeMy WebLinkAbout2008-07-28 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, JULY 28, 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; Kevin Harrison
and Ed Pecoraro, Community Development Department; Susan Ross, Property
and Facilities; Laurie Craghead, Legal Counsel; Hillary Borrud, The Bulletin;
and four 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-
436, a Notice of Intent to Award Contract Letter for Architectural Services
for the Public Safety Buildings Project.
Susan Ross explained the item. There were ten proposals which were shortened
to four, and the finalist was selected unanimously.
Commissioner Daly pointed out that he feels the selection committee should
consist of people other than public employees. Commissioner Melton agreed,
and suggested that perhaps some from the private sector be included.
Commissioner Luke said that they don't necessarily need to be from the same
field of work, but at least from the construction industry.
MELTON: Move signature.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, July 28, 2008
Page 1 of 5 Pages
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2008-
172, an Intergovernmental Agreement with the City of Redmond regarding
Various Services to be Provided by Deschutes County Community
Development.
Kevin Harrison explained this covers ongoing services, such as road naming
and addressing. Ed Pecoraro added that they are required to follow the grid
system, although sometimes there are some difficulties in tying various parts of
roads together.
MELTON: Move signature.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2008 -018 regarding Hydroelectric Facilities in the Open
Space and Conservation Zone.
Cynthia Smidt explained that this is a continuation of a discussion at the July 21
meeting. Laurie Craghead stated that this would still involve an outright use,
but there would be some conditions.
Commissioner Luke opened the hearing at this time.
Liz Dixon of Hurley Re, attorney for Central Oregon Irrigation District and
Swalley Irrigation, testified that the ordinance accurately reflects what they are
trying to accomplish.
Commissioner Melton asked if any kind of review would be required.
Commissioner Luke indicated there could be, but perhaps not under the
landscape management provision.
Minutes of Board of Commissioners' Business Meeting Monday, July 28, 2008
Page 2 of 5 Pages
Ms. Smidt stated that there is a separate section for small hydroelectric
facilities, without having to deal with the criteria required of larger projects.
Ms. Craghead said that there are no findings written so the Ordinance could not
be adopted at this time.
This was continued to the Wednesday, July 30 1:30 work session.
Items #8 and #9 were moved to the Wednesday, July 30 1:30 work session.
MELTON: Move approval of the consent agenda, other than items #8 and #9.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
5. Signature of Resolution No. 2008 -120, Appropriating a New Grant in the
Mental Health Department (Hosmer House)
6. Signature of Resolution No. 2008 -121, Appropriating a New Grant in the
Mental Health Department (Psychiatric Emergency Services)
7. Signature of Resolution No. 2008 -122, Transferring Appropriations in the
Health Benefits Trust Fund
8. Approval of Minutes:
• Business Meeting: June 30, July 9, July 21, July 23
• Work Session: June 11, June 16, June 25, July 16
9. Economic Development Grant Requests
• Fair & Expo Center — Fair Bus Program
• Bend Spay & Neuter Project — Educational Campaign
• Sisters Organization for Activities & Recreation — Scholarship
• Fair & Expo Center — Grant Program
Minutes of Board of Commissioners' Business Meeting Monday, July 28, 2008
Page 3 of 5 Pages
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9 -1 -1 County Service District in the Amount of $8,649.10.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension /4 -H County Service District in the Amount of
$687.84.
DALY: Move approval, subject to review.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
RECONVENE D AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $1,646,749.02.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, July 28, 2008
Page 4 of 5 Pages
13. ADDITIONS TO THE AGENDA
None were offered
Being no further discussion, the meeting adjourned at 10:35 a.m.
DATED this 28th Day of July 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
(raw,ux-
Recording Secretary
C.........,e, ,f-ite, / ....^
Dennis R. Luke, hair
Tammy : ane, elton, Vice Chair
icha M. Dal Y � Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, July 28, 2008
Page 5 of 5 Pages
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701 -1925
(541)388 -6575 FAX (541)385 -1764
http : / /www.co.deschutes.or,us /cdd/
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
DATE: July 25, 2008
HEARING DATE: July 28, 2008
SUBJECT: Continued Public Hearing for Open Space and Conservation Zone Text
Amendment; TA -08 -4
The Deschutes County Board of Commissioners (Board) held a public hearing on July 21, 2008,
at the Deschutes Services Center. There was a consensus among the present Commissioners at
the July 21 hearing that the proposed use of hydroelectric facilities on irrigation systems should
have some degree of land use review and not be a use permitted outright. Staff requested and
the Commissioners agreed to keep the record open and continue the hearing to July 28, 2008.
This time allowed for staff and the applicant to construct draft standards necessary for land use
review.
The applicant and staff developed the following criteria that could be used to address the small
hydroelectric facilities in the Open Space and Conservation (OS &C) zone.
A. "Small hydroelectric facility" means a hydroelectric facility that qualifies for a Federal Energy
Regulatory Commission ( "FERC') Conduit Exemption use.
B. DCC Chapter 18.84 and Sections 18.116.130 and 18.128.260 are not applicable to small
hydroelectric facilities.
C. An application for a small hydroelectric facility in an OS &C Zone shall demonstrate
compliance with the following requirements:
1. The project will utilize water flows already diverted;
2. The diversion is equipped with fish screens at the point of diversion;
3. Water flows entering the facility shall be piped;
4. The project's installed generating capacity will be less than 15 megawatts.
5. The diversion is made by an irrigation district using water rights certificated by the Oregon
Water Resources Department;
6. The proposed project will utilize no more than the existing water right;
7. The proposed project will not use more water than is seasonally allowed, or more water
than is allowed under the rate and duty for the applicable water rights certificate;
Quality Services Performed with Pride
8. The proposed project will generate hydropower as a secondary purpose of the irrigation
system; and
9. The irrigation district will continue to divert only as much water as is necessary to serve
irrigation patrons in the irrigation district's system.
10. The proposed project shall not alter the temperature of the water.
D. Prior to issuance of a building permit, the applicant shall provide the County with documentation
of the FERC and state licenses for the small hydroelectric facility.
E. The applicant shall demonstrate protection of public health and safety by specifying necessary
fencing, signage, and shielded lighting to protect the public from the electrical generation ano
transmittal process.
F. The County may require establishment and maintenance of fire breaks, the use of fire resistant
materials in construction and landscaping, or attach other similar conditions or limitations that
will reduce fire hazards or prevent the spread of fire to surrounding areas.
G. The applicant shall submit conceptual construction plans and profiles of project features,
including building elevations, colors and textures to be used, and landscape plans.
1. The project shall be designed and built to minimize visual impacts.
2. Structures shall be finished in muted earth tones (i.e. browns, greens, and grays) that blend
with and reduce contrast with the surrounding vegetation and landscape of the building site.
3. No large areas, including roofs, shall be finished with white, bright or reflective materials.
4. Roofing, including metal roofing, shall be non - reflective and of a color which blends with the
surrounding vegetation and landscape.
5. Landscape plans shall be subject to DCC 18.48.070(F).
H. The applicant shall demonstrate adequate vehicular access to the project site.
1. The applicant shall demonstrate that the technology proposed for the application is designed to
protect the overall integrity of the water flow and operation of the irrigation system both above
and below the project location on the facility.
J. Grading and tree removal shall be performed only as necessary to comply with the above
criteria.
As indicated above, the Board agreed that the use should not be permitted outright without some
level of land use review. By using the developed criteria above, there are two options for land
use review. The first option to consider is to amend the OS &C zone to allow for small
hydroelectric facilities as a use permitted outright (DCC 18.48.020) but the use would be subjec:
the standards listed above. The creation of a new section (DCC 18.48.070) in the OS &C zone•
would list these limitations. Under this option, the applicant would be required to apply for ar
Administrative Determination (AD) application. The current fee for an AD is $935 and the
processing time is 4 - 6 weeks. This first option is of minimal risk and will provide more certainty
to the applicant.
The second option is to amend the OS &C zone to allow for small hydroelectric facilities as a
conditional use in DCC 18.48.030. The above listed criteria would be added to the Conditional
Uses chapter of the County Code, Section 18.128.260 addressing hydroelectric facilities. The
proposed use would be subject to the new criteria only. However, the standards in DCC Section
18.128.015, General Standards Governing Conditional Uses, would apply. The standards
presented in DCC 18.48.060, Limitations on Conditional Uses, should not apply to this project
because they would prohibit the use. Under this option, the applicant would be required to apply
for a Conditional Use (CU) permit. The current fee for a CU is $1,665 and the processing time is
6 - 8 weeks. This option contains more risk to the applicant with Tess certainty of the outcome.
Staff recommends that the Board of County Commissioners continue the Public Hearing, listen ti
testimony, discuss, and decide on what option for the proposed text amendment.
BOCC Staff Report TA -08-4 Page 2
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, JULY 28, 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 -436, a Notice of
Intent to Award Contract Letter for Architectural Services for the Public Safety
Buildings Project — Susan Ross, Property & Facilities
3. CONSIDERATION of Signature of Document No. 2008 -172, an
Intergovernmental Agreement with the City of Redmond regarding Various
Services to be Provided by Deschutes County Community Development —
Kevin Harrison, Community Development
4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No.
2008 -018 regarding Hydroelectric Facilities in the Open Space and
Conservation Zone — Cynthia Smidt, Community Development
CONSENT AGENDA
5. Signature of Resolution No. 2008 -120, Appropriating a New Grant in the
Mental Health Department (Hosnmer House)
6. Signature of Resolution No. 2008 -121, Appropriating a New Grant in the
Mental health Department (Psychiatric Emergency Services)
Board of Commissioners' Business Meeting Agenda Monday, July 28, 2008
Page 1 of 6 Pages
7. Signature of Resolution No. 2008 -122, Transferring Appropriations in the
I Iealth Benefits Trust Fund
8. Approval of Minutes:
• Business Meeting: June 30, July 9, July 21, July 23
• Work Session: June 11, June 16, June 25, July 16
9. Economic Development Grant Requests
• Fair & Expo Center — Fair Bus Program
• Bend Spay & Neuter Project — Educational Campaign
• Sisters Organization for Activities & Recreation — Scholarship
• Fair & Expo Center — Grant Program
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
10. 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
11. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension /4 -H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
13. 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, July 28, 2008
Page 2 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, 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
Opening Day of the Annual Deschutes County Fair
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)
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)
Board of Commissioners' Business Meeting Agenda Monday, July 28, 2008
Page 3 of 6 Pages
Thursday, August 21, 2008
11:00 a.m. Meeting with Commission on Children & Families Board; Interview Candidates
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)
Thursday, August 28, 2008
5:00 p.m. Joint Meeting of Board of Commissioners and Planning Commission
Monday, September 1, 2008
Most County offices will be closed to observe the Labor Day Holiday
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)
Board of Commissioners' Business Meeting Agenda Monday, July 28, 2008
Page 4 of 6 Pages
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)
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
Board of Commissioners' Business Meeting Agenda Monday, July 28, 2008
Page 5 of 6 Pages
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)
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.
Board of Commissioners' Business Meeting Agenda Monday, July 28, 2008
Page 6 of 6 Pages