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HomeMy WebLinkAbout2008-10-20 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, OCTOBER 20, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Paul Blikstad and Ruth Herzer, Community Development; Laurie Craghead, Legal Counsel; and three other citizens. No representatives of the media were present. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Commissioner Luke stated that an issue is on appeal, and asked whether it is appropriate to have someone talk about it. Attorney Tia Lewis wants to make a statement that may have to do with the closure of Wimp Way. Ms. Craghead said that this would be at the Board's option. Commissioner Luke said that citizen input is set aside for citizens to address the Board, not necessarily for attorneys representing those who can afford to retain them. Ms. Craghead stated that there is nothing inappropriate allowing this, as attorneys often speak for their clients. She added that perhaps the Board should not respond or comment without first speaking with Legal Counsel. Tia Lewis, attorney representing the Daniels Group, said that an appeal was filed on the Wimp Way closure. She discussed it with ODOT ahead of time. There is a land use issue before the Board involving property off Lower Bridge Way that involves the same applicant. Ms. Craghead stated that this issue cannot be discussed at this time. Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 1 of 6 Pages Ms. Lewis said that she won't talk about substantive issues. The appeal of Wimp Way is a placeholder. The Daniels Group is not opposed to the closure and wants to be part of the solution to the problem. That is the reason for her statement today. Commissioner Luke noted that ODOT was notified of the appeal, and there was ample opportunity for a lot of people to act over time. Ms. Craghead advised that her recommendation is to not to respond or make any statements at this time. Ms. Lewis said that the two applications have overlapping issues and substantive similarities, and the group prefers that one not go forward without the other. 2. Before the Board was Consideration of Approval of Document No. 2008- 581, the Final Decision on Remand regarding the Christian Life Center Proposal to Construct an Amphitheater (Files SP- 05 -13, LM- 05 -22, MA- 05-4, A -05 -5, A- 05 -06). Laurie Craghead said that this decision was part of the negotiations. She gave a brief overview of the location and history. This was appealed to LUBA in 2006 by both parties and was on hold while they negotiated a possible settlement. LUBA has ordered that the Board sign an order consistent with the decision. Commissioner Baney said it does not state they will have to file for a permit of any kind. Ms. Craghead said that it would be hard to enforce an outdoor mass gathering permit, but they are limited to four concerts a year. Commissioner Baney asked that in regard to #10, how will the Board know that the requirements are being met. Ms. Craghead indicated that it is a complaint driven system, and the County would be notified they did not comply. The Board had already not required notification. DALY: Move approval and signature of the Final Decision on Remand. BANEY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 2 of 6 Pages 3. Before the Board was Consideration of Signature of Order No. 2008 -083, Denying Hearing an Appeal of the Hearings Officer's Decision regarding Thornburgh Resort (Files #M -07 -2 and MA- 08 -6). Ruth Herzer stated that the appeal was filed on October 9. The 150 days for a decision is up today, so she asked the Board to sign the order that you will not hear an appeal on this. This gives the appellant the ability to go on to LUBA. Commissioner Baney said that she does not like getting backed into a corner because of time constraints. However, LUBA is an appropriate body to hear these concerns. If the Board heard it or not, it is likely it would go to LUBA anyway. Ms. Herzer stated that it probably would not make a difference; someone will be appealing it. Ms. Craghead said it if it does not get signed and mailed today, Thornburgh could file a writ of mandamus, and any appeal would be the responsibility of the County. DALY: Move approval of Order No. 2008 -083. BANEY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. The minutes of May 14, August 4 and 6, and July 21 are not yet complete and are to be removed from the consent agenda. BANEY: Move approval of the consent agenda as amended. DALY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 3 of 6 Pages Consent Agenda Items 4. Signature of Resolution No. 2008 -132, Health Department Fund 5. Signature of Resolution No. 2008 -134, Mental Health Department Fund 6. Signature of Resolution No. 2008 -135, Health Department Fund 7. Signature of Resolution No. 2008 -136, Solid Waste Fund Appropriating a New Grant in the Appropriating a New Grant in the Transferring Appropriations in the Transferring Appropriations in the 8. Signature of Resolution No. 2008 -137, Establishing an Imprest Checking Account for the Tax Department 9. Signature of Resolution No. 2008 -138, Transferring Appropriations in the Community Development Department 10. Signature of Letters Appointing Members to the Deschutes County Bicycle and Pedestrian Advisory Committee: Michelle Sims and Jim Stone (through June 30, 2009), and Sami Fournier and Glen Bates (through June 30, 2011) 11. Signature of Letters to Bill Hilton and Mary Ann Martin, Accepting their Resignation from the Deschutes County Bicycle and Pedestrian Advisory Committee, and Thanking Them for Their Service 12. Signature of Letters Appointing Board Members of River Forest Acres Special Road District: Ken Day (through December 31, 2011), Bob Sweeney (through December 31, 2010), and Cathy Hearn (through December 31, 2009) 13. Signature of Letters Accepting the Resignation of Wes Perrin, Shari Walgamuth and Madeline Bednarek from River Forest Acres Special Road District, and Thanking Them for Their Service 14. Signature of a Letter Appointing Shelly Smith to the Local Public Safety Coordinating Council 15. Approval of Minutes: • Business Meeting: October 8 • Work Session: May 14; August 4 and 6 • Special Meeting: August 28 (Joint Meeting with Planning Commission) • Public Hearing: September 17 Hearing regarding Aspen Lakes; July 21 Hearing on the Formation of the Bend Area Transportation District Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 4 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amounts of $1,414.50 and $5,271.43 (two weeks). BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 17. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amounts $686.76 and $232.10 (two weeks). BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 18. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amounts of $1,403,839.53 and $818,674.76 (two weeks). BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 5 of 6 Pages 19. ADDITIONS TO THE AGENDA Commissioner Baney and Luke indicated that staff needs to be careful when addressing hot button items, as staff's opinions and thoughts may be construed as those of the Board. Commissioner Luke stated that ODOT has concluded two years of study of deer migration and the report is now available. Being no further items to come before the Board, the meeting adjourned at 10:45 a.m. DATED this 20th Day of October 2008 for the Deschutes County Board of Commissioners. ATTEST: 5tuAnkL Tyatt, Recording Secretary Mic ael M. Daly, ommissioner Minutes of Board of Commissioners' Business Meeting Monday, October 20, 2008 Page 6 of 6 Pages -TES t!! a -C 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, OCTOBER 20, 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 Approval of a Final Decision on Remand regarding the Christian Life Center Proposal to Construct an Amphitheater (Files SP -05- 13, LM- 05 -22, MA -05 -4, A -05 -5, A- 05 -06) — Anthony Raguine, Community Development Department 3. CONSIDERATION of Signature of Order No. 2008 -083, Denying Hearing an Appeal of the Hearings Officer's Decision regarding Thornburgh Resort (Files #M -07 -2 and MA -08 -6) — Ruth Herzer, Community Development Department CONSENT AGENDA 4. Signature of Resolution No. 2008 -132, Appropriating a New Grant in the Health Department Fund 5. Signature of Resolution No. 2008 -134, Appropriating a New Grant in the Mental Health Department Fund 6. Signature of Resolution No. 2008 -135, Transferring Appropriations in the Health Department Fund Board of Commissioners' Business Meeting Agenda Monday, October 20, 2008 Page 1 of 6 Pages 7. Signature of Resolution No. 2008 -136, Transferring Appropriations in the Solid Waste Fund 8. Signature of Resolution No. 2008 -137, Establishing an Imprest Checking Account for the Tax Department 9. Signature of Resolution No. 2008 -138, Transferring Appropriations in the Community Development Department 10. Signature of Letters Appointing Members to the Deschutes County Bicycle and Pedestrian Advisory Committee: Michelle Sims and Jim Stone (through June 30, 2009), and Sami Fournier and Glen Bates (through June 30, 2011) 11. Signature of Letters to Bill Hilton and Mary Ann Martin, Accepting their Resignation from the Deschutes County Bicycle and Pedestrian Advisory Committee, and Thanking Them for Their Service 12. Signature of Letters Appointing Board Members of River Forest Acres Special Road District: Ken Day (through December 31, 2011), Bob Sweeney (through December 31, 2010), and Cathy Hearn (through December 31, 2009) 13. Signature of Letters Accepting the Resignation of Wes Perrin, Shari Walgamuth and Madeline Bednarek from River Forest Acres Special Road District, and Thanking Them for Their Service 14. Signature of a Letter Appointing Shelly Smith to the Local Public Safety Coordinating Council 15. Approval of Minutes: • Business Meeting: October 8 • Work Session: May 14; August 4 and 6 • Special Meeting: August 28 (Joint Meeting with Planning Commission) • Public Hearing: September 17 Hearing regarding Aspen Lakes; July 21 Hearing on the Formation of the Bend Area Transportation District CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 16. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District Board of Commissioners' Business Meeting Agenda Monday, October 20, 2008 Page 2 of 6 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 17. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 18. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 19. 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 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, October 20, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, October 22, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. Public Hearing regarding Proposed Event Venues Ordinance Board of Commissioners' Business Meeting Agenda Monday, October 20, 2008 Page 3 of 6 Pages Monday, October 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, October 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, November 3, 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, November 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, November 6, 2008 8:00 a.m. Regular Meeting with Sisters City Council, Sisters City Hall 9:30 a.m. Regular Meeting with Judge Fadeley, Sisters Monday, November 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, November 11, 2008 Most County offices will be closed to observe Veterans' Day Wednesday, November 12, 2008 8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist) 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, October 20, 2008 Page 4 of 6 Pages Thursday, November 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, November 17 through Friday, November 21 Annual Association of Oregon Counties' Conference, Eugene Monday, November 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, November 26, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, November 27, 2008 Most County offices will be closed to observe Thanksgiving. Friday, November 28, 2008 Most County offices will be closed today (unpaid holiday) Monday, December 1, 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, December 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 4, 2008 10:00 a.m. Quarterly Update with District Attorney 11:00 a.m. Quarterly Update with Community Development Department 1:30 p.m. Quarterly Update with Road Department Board of Commissioners' Business Meeting Agenda Monday, October 20, 200, Page 5 of 6 Pages Tuesday, December 9, 2008 5:00 p.m. Regular Meeting with the City of La Pine Council, in La Pine (location to come) Wednesday, December 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 11, 2008 10:00 a.m. Quarterly Update with Mental Health Department 11:00 a.m. Quarterly Update with Health Department Monday, December 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 17, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 18, 2008 10:00 a.m. Quarterly Update with Community Justice Monday, December 22, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 24, 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, October 20, 200, Page 6 of 6 Pages