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HomeMy WebLinkAbout2008-12-10 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, DECEMBER 10, 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; George Read, Kevin Harrison and Cynthia Smidt, Community Development; Tom Blust and George Kolb, Road Department; Mark Pilliod and Laurie Craghead, Legal Counsel; Teresa Rozic, Property and Facilities; a representative of 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 Consideration of Signature of Order No. 2008 -100, Accepting a Petition and Setting the Date for a Public Hearing for the Annexation of Property into Cloverdale Rural Fire Protection District. Laurie Craghead explained that this involves the annexation of one property. Signatures have been verified, so the public hearing can be set for January 14, 2009. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 1 of 16 Pages 3. Before the Board was Consideration of Signature of Order No. 2008 -096, Surrendering Portions of Northwest Way and NW Maple Avenue to the City of Redmond. George Kolb stated that roads are turned over to the City as the area is annexed, and the City takes over maintenance. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2008- 642, an Intergovernmental Agreement regarding Surface Transportation Funding for the Extension of 19th Street, Redmond. Mr. Kolb said that this agreement with ODOT grants $490,000 from federal agencies, for environmental studies and the preliminary right of way work. Once this is signed, work can begin. The original amount was $500,000 but it is thought that ODOT will keep the $10,000 to handle administration of the pass - through funding. Commissioner Luke asked about the environmental. Mr. Kolb said he has met with BLM and walked the property. He wants to have the agreement signed by all parties prior to spending any of the anticipated funds. He believes that $490,000 will be adequate to cover these expenses. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Contract Letter for the Construction of the Deschutes Market Road Overpass Project, Phase II. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 2 of 16 Pages Mr. Kolb stated that the cost was lower than anticipated, presumably because of the slow economy. The right of way is already established and local businesses are aware of the work to be done. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Authorization of County Administrator's Signature on Documents Relating to a Loan to the Humane Society of Redmond (HSR). Commissioner Daly said he was contacted by a couple of people who would like to address the Board on this issue. Steve Kessler, who is running for the Humane Society board, said that there is a membership meeting tonight which will include the election of a new board. He has been involved in this situation for some time. Bill Williams and Pat McGuinness, who are also running, agree with his statements. They are appreciative of what the County has done, but are concerned about the loan and other documents being signed only ten hours before a new board is elected. There are a few caveats of concern, the largest being the $150,000 of accounts payable. There is reason to believe that some of the payables have the potential of being in error or have a conflict of interest. He asked the Board to instruct the Administrator to meet with the new board before the checks go out. The new board will have to pay the money back. Some of the payables may be proper but may not be. It is not fair to saddle the new board with this potential problem. Commissioner Luke said that they went through a similar situation with the Fair Board. He assumes that the bills will be verified before payment. However, negotiations were done on some of the bills. Dave Kanner stated there could be a fraudulent bill, but the County has personally contacted all of the creditors. Almost all are taking a discounted payment for what is owed them. Regardless of any connection to the Humane Society, they have the same legal rights as any other creditor. If Mr. Kessler feels one is fraudulent, he should bring that to the Board's attention. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 3 of 16 Pages Mr. Kessler said it is not known for sure but they believe it is possible. It is a lot of money for a membership of about 300 to handle. He asked what the downside of this being discussed might be. He doesn't want to see regrets down the line by not delaying and examining these things. This has been going on for about five months, so another week would not hurt. A new board deserves an opportunity to review this information. Commissioner Daly asked when the new board would take office. Mr. Kessler stated that it is not specific, but they are installed at the annual meeting, which would be today. Mr. Kanner said under Oregon corporations law, they would be seated immediately. Mark Pilliod said he has been in touch with the current board, which has authorized promissory notes to reimburse the County for unsecured creditors being satisfied. The amount of that note is yet to be determined. One of the costs is a payment owed to the City of Redmond for SDC's that were deferred when the property was developed. They don't have a final payoff amount yet. The City may be reluctant to negotiate a lesser amount due to setting precedent. This will be factored into other payables. It may not be known what the final numbers are for the next couple of days. It is not up to the County to direct what the current leadership of the Humane Society should do. He understands that the recently appointed director has been given the authority to communicate with the County on this issue. A final amount of the payables may not be known for a few days or perhaps a week. Commissioner Daly asked if this will affect the promissory note. Mr. Pilliod stated that it would include the arrangements regarding payoff amounts, but will not immediately include a fixed number for unsecured creditors. Mr. Kessler said the new board would like an opportunity to meet with Mr. Kanner to discuss issues of concern. Commissioner Baney said that she assumes that the new board will review the note and make sure the bills are legitimate. Mr. Kessler stated that the current board has already signed the documents, but the new board would like to review the $150,000 list of payables to perhaps avoid a payment that should not be made. They want to make sure they are not stuck with a bill that ultimately should not have been paid. Mr. Kanner noted that about $46,000 has already had checks cut. Those cannot be unpaid. He said he is not sure which were paid and which might be in dispute. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 4 of 16 Pages The other issue is the matter of good faith. All of the creditors were contacted. Some will receive full dollar payments and some less than 50% on the dollar. There are rights of legal redress and potential liability to consider. Commissioner Baney asked what is being paid off without a signed agreement. Mr. Kanner said that the creditors are required to sign various agreements and at that point there is an agreement. He does not believe the money has been sent out yet. Mr. Kessler asked what the downside is to talking about it. They are not asking about veto, just a chance to review the outstanding bills. Commissioner Luke stated that they have been working with the currently elected board. If there is a change of leadership, they will talk with them. Mr. Kessler said he agrees, but the burden of the payables will fall on the new board. Commissioner Luke asked what the particular bill or bills are. Mr. Kessler said that he does not want to denigrate anyone but has concerns in this regard. The current board will not talk about it even though a meeting has been repeatedly requested. Mr. Kessler said that under the notice of delivery, paragraph 18, the executive director is an employee; the president should be the person to receive or provide notice. Mr. Kessler said that Tom Sherwood is being designated as the Society's attorney and cannot be replaced, and he has to acknowledge this before he can be replaced. Feels this is a conflict of interest. He is concerned about what might happen if Mr. Sherwood does not want to step down. Mr. Pilliod said that this designation can be changed by the Board, and the County would be notified. Jane Ohlemann testified that she is on the current board and wanted to thank the Commissioners for their work in saving the Shelter. She was the only dissenting vote for signing the documents, and is not running again. She is concerned about this document is being signed by people who will not be running again. Three members of the board may continue if elected, and they voted for the documents. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 5 of 16 Pages She said that in no way did her "no" vote say she is not appreciative. She has been involved since June. There is a concerns about picking apart the agreement or delays it. She understands those concerns but wishes that it cold be delayed until the new board takes office since they are the ones who are faced with paying back over $ 1.5 million dollars. She also appreciates the timeline given by the County. Commissioner Luke said it is in the best interest of the County to have the shelter in place. He wants to have the agreement validated and he won't renegotiate. The negotiations were valid and took a lot of work. He feels it is a wise investment and the money is secure, and feels the shelter will come back and prosper. He hopes the new board will not do anything drastically different. Ms. Ohlemann said that the new board has to work with this and are being cautious about certain things. Commissioner Baney stated that there will be more than just this board concerned about this in the future. It is not time to renegotiate contracts when that occurs. This was a very sensitive political situation. Commissioner Daly stated there were a lot of creditors taking a big loss to make this happen, just about all of them. Lisa Klemp is the board secretary, working on process for some time, and wanted to thank the County. Understand that it would not exist today otherwise. Want to say that she takes exception that they would present information that is not verifiable. Everything presented to the County is legitimate. There is opportunity in the agreement to contact the County about a specific creditor. She has not been presented any information of that sort that someone has submitted a fraudulent statement, nor is there any conflict of interest. All of the charges were made on behalf of the shelter and would have legal rights against the shelter if not paid. Documents have been signed by the HSR board and it is ready to record. The nature of government and business is there is always new leadership, which is bound by previous acts. They believe in good faith the County is fully secured and can be repaid. The two trusts should pay out soon, and there are others interested in contributing now. The annual meeting is tonight and she will not run again, but has worked hard on this and feels the package has been done in good faith. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 6 of 16 Pages Commissioner Luke said the agreement is with the HSR. If there turns out to be a bill that future boards believe should not have been paid, and that person or company has a legal right to lien or file a suit against HSR, the decision would come from the court or the county? Mr. Pilliod said it depends on the nature of the bill, whether it is fraudulent. If it has been negotiated but services were not delivered, the HSR board should have legal recourse against that creditor. It would not be the county's responsibility; it would likely involve a civil action. Ms. Klemp stated that the injury would be to the HSR so they should handle it. She said she is not aware of any conflict of interest or any fraudulent bills. Mr. Kessler noted that the new board very much appreciates what has been done and don't disagree with the contract. Wants to assure Commissioner Luke that they don't want to start over. There is just the one question that they would like an opportunity to review. Everyone has worked hard to put this together and there is no desire to interfere with this contract. We are not loose ends and urge signature of the documents. Commissioner Luke asked if this question has been put into writing. Mr. Kessler said they have been trying to get the old board to sit down and discuss the issue. Nothing has been put into writing; they want clarification of a couple of concerns. He found out about it yesterday. Commissioner Daly stated that he thinks if there are conflicts, these can be resolved after the fact by the new board. There has to be evidence that something is fraudulent. The new board would have to pursue this. Commissioner Luke asked if the HSR meetings are public. Mr. Pilliod said they are not. The members meet occasionally but their board can meet without public notice or involvement. They can examine situations like this and decide internally to address an issue. Commissioner Luke said he would like to see this come to the Administrator or Counsel as soon as possible, if it can be documented. Commissioner Baney asked about the attorney item and whether it can be changed. Mr. Pilliod said it can. Commissioner Baney concurred there is a fine line in raising concerns, and feels that everything that has occurred so far was done in good faith and without withholding information. It has been difficult for the new board and there is nothing to indicate they have misled the County. But if there is conflicting information, it should come forward as soon as possible. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 7 of 16 Pages Mr Kanner stated that there has been a bit of a rush to get this before the Board, but it has nothing to do with the turnover on the board or the unsecured creditors. It has everything to do with the secured creditors who are not in a position to wait. Commissioner Luke thanked all parties for the hard work and feels this will be a successful venture. Mr. Kanner said that Mark Pilliod did a great deal of work on this issue and should be commended for all he did. Commissioner Baney stated that Connie, Secretary to Legal Counsel, had to make a lot of the very difficult calls to creditors and is to be praised for this difficult work. BANEY: Move approval of the various documents to be signed by the County Administrator in this regard. LUKE: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2008- 631, Acceptance of a Special Warranty Deed regarding a Land Exchange with the Oregon Department of Transportation. Teresa Rozic said that in 2002 an exchange agreement was entered into with ODOT. The County received three properties and some gravel in exchange for the Welcome Center. The financing statement for the Center was paid off in October 2008. A deed has been received in this regard. Also, Deschutes County must in turn convey title to ODOT, which will then release its reversionary interest on the three properties: the Parkway at Lafayette, eight acres in Redmond on 35th St., and what is referred to as the old Bill's Electric building on Greenwood at Hill Street. Commissioner Luke said the ideal owner for the Welcome Center was ODOT, since they already owned adjacent properties. The County also took over maintenance of Powell Butte Highway forever. The City also had some ownership in the Center but is no longer involved. ODOT had no money but did have some properties that the County could eventually use. The Transportation Commission had to be involved to conclude the process. BANEY: Move approval. LUKE: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 8 of 16 Pages VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Document No. 2008- 632, a Bargain and Sale Deed to the State of Oregon regarding a Land Exchange with the Oregon Department of Transportation. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 9. Before the Board was Consideration of a Decision regarding an Appeal of the Hearings Officer's Decision Approving a Type 3 Home Occupation for a Cabinet Manufacturing Business (Applicant: Vander Zanden). Cynthia Smidt gave a brief overview of the item. Five of the sixteen conditions of approval were appealed by the applicant. There is no additional testimony that needs to be addressed differently at this point. Laurie Craghead said the record is closed and no testimony can be offered at this time. Commissioner Baney asked about ownership of the road. Ms. Smidt said this is being worked out and an agreement is being developed in this regard. She pointed out that the Code reads that a type 3 home occupation may be allowed subject to a conditional use permit and limitations. Per Code, conditions can be made and enforced by the Board. One of the conditions had the hours of operation limited to 7 a.m. to 5 p.m. and two Saturdays from 9 a.m. to 2 p.m. Code allows this to change as a condition of approval. The Hearings Officer found the use is compatible, with limited hours. The applicant had asked for 7 a.m. to 5 p.m. Monday through Saturday but has since has asked for hours 7 a.m. to 5 p.m. Monday through Friday and no Saturdays, although this could have been an oversight since they have always wanted Saturdays. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 9 of 16 Pages Commissioner Luke stated that weekends are different. He feels Saturday should have a shorter timeframe. He is not sure why the Hearings Officer set it for two Saturdays. Commissioner Luke suggested that Monday- Friday is okay, with limited hours each Saturday. Ms. Craghead stated that the home occupation ordinance includes limitations. The Board would then be saying that the Board is allowed to interpret Code on a variety of issues in this regard. Commissioner Baney said that she finds this to be discretionary. The number of trips and number of employees have actual guidelines, but the Code is not specific in this regard. Ms. Craghead said this is a Code interpretation, where the Board's authority comes in to make limitations. Commissioner Luke suggested 7 a.m. to 5 p.m. Monday through Friday, and restricted hours on Saturdays of 9 a.m. to 3 p.m., but no restrictions as to which Saturdays are used. The other Commissioners concurred. Ms. Schmidt asked about limiting work on holidays. Commissioner Daly said the business may also be closed those days and does not see that there would be a problem with it. Commissioner Luke suggested that legal holidays have the same hours as a Saturday. Mr. Kanner said that "holiday" has to be defined or listed. Ms. Smidt said the Hearings Officer limited the decision to two additional employees — a maximum of five employees in addition to the owners. There needs to be adequate parking for not more than five employees and customers at all times, and that there be no more than twenty trips per day. Commissioner Baney asked how this can be tracked. They could have five employees working and then a delivery truck arrives. Ms. Smidt stated the applicant proposed up to five employees; parking was not addressed. Commissioner Luke said that he sees five employees as a correct number but they need to be able to justify how this is handled through findings. He feels that five should be the standard. Commissioner Baney asked how to clarify the findings in this regard. Ms. Craghead stated that the Hearings Officer found that information as provided for two employees, not five. Evidence submitted was limited to two. There are letters in the record wherein the applicant feels they did introduce information to address the parking issue. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 10 of 16 Pages Ms. Smidt stated that there are other considerations. Ms. Craghead said that the decision says the Hearings Officer feels that the issue of more than two employees was not addressed. Commissioner Luke stated that he is not insinuating the five would have a negative impact, but it appears they did not provide enough information on the impacts of five employees. Ms. Smidt said a modification would be needed if they decide they want five employees, sometime after six months of approval. Commissioner Baney stated that she doesn't see what the recommendation of staff is based upon. Ms. Smidt referred to a map that was submitted before the record was closed, showing potential parking areas. Commissioner Luke said that perhaps some employees could park within a structure. Commissioner Baney added that this seems to be too restrictive. Ms. Craghead said that they can only have the same number of spaces allowed as the number of employees or customers. Commissioner Baney feels that they should allow for five employees in this situation. This is not a high traffic generating type of business, and does not feel that this would affect the feel of the neighborhood. There should not be a tremendous amount of traffic going back and forth on any given day. Commissioner Daly feels the five employees should be allowed, noting that three additional cars should not present a huge problem. Ms. Craghead stated that a traffic study was not required for this particular situation. Commissioner Luke said that testimony from the neighbors came in regarding road conditions. Commissioner Baney stated there is a letter now in evidence that the road easement will mitigate this situation. Ms. Smidt noted that there were other comments made about road and traffic concerns. Commissioner Luke said that this would set precedence and future Hearings Officers' decisions may include recommendations regarding road impacts. Commissioner Daly said he doesn't have concerns about this. Commissioner Baney stated that if a County road cannot handle a few more vehicles, it is a big problem. A certain number of trips have been allowed by the Hearings Officer. Commissioner Baney said that getting a business up and going and transferring it to another location eventually, when it has grown and is successful, is the ultimate goal. A business should be allowed to grow and when it needs more space, they will relocate to a suitable location. Commissioner Daly agreed. Commissioner Luke did not necessarily agree. The Board took a five- minute break at this time. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 11 of 16 Pages Ms. Smidt said that the parking mitigation issue needs to be addressed. The site plan shows an additional parking area. Five designated parking spaces for the business are required. Commissioner Luke asked if they can have additional parking in their driveway or another suitable location. Commissioner Baney asked what the current recommendation is for parking, and how many vehicles the site plan shows. The sketch is unclear as to how many vehicles could be accommodated. Ms. Smidt said that parking cannot be on the drainfield or in the setback area. Ms. Craghead stated there didn't seem to be any concerns voiced about the parking situation at the hearing. Commissioner Luke stated that the site plan or map needs to show where this parking would be, and Community Development should be able to approve that oversight. In regard to trips being counted just one way, staff feels this was an oversight as obviously the employees will need to go home. Commissioner Luke stated that it needs to be clarified that a trip is either one way or is a round trip. Commissioner Daly said that twenty trips per day is now allowed. Ms. Craghead stated that there was conflicting testimony in this regard. Ms. Smidt said the ITE manual states a trip is one way, but Code does not clarify this. Commissioner Baney suggested vehicle trips are not to exceed twenty; Commissioner Daly agreed. Commissioner Daly stated he knows the area and feels that a few more trips won't make a difference. These trips would be considered one way. Commissioner Luke had no input on this situation. Ms. Craghead said that testimony in the record indicates there would not be a negative impact from these trips. Commissioner Baney agreed that ten round trips won't be a problem for the area. In any case, it would be hard to monitor if there were a few more trips than that on a given day. In regard to noise impacts, the Hearings Officer found that the applicant should maintain fewer than 50 decibels. Code says that the occupation cannot produce excess noise, dust, and so on. Staff could use this for a condition of approval. There is no standard for decibels other than residential standards. The Code talks about 70 decibels but it is difficult to measure and hard to enforce. Commissioner Luke stated that farming activities are allowed and some of those uses are very noisy. He asked where this number came from. Ms. Smidt stated that the Hearings Officer referred to information provided by the applicant regarding noise created in a cabinet making business, so that is probably the origin of the number. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 12 of 16 Pages Commissioner Luke said he has a problem with them having to hire someone to monitor the noise level. He said it does not make sense. Ms. Smidt said that the language from Code should be enough. Commissioner Baney said that normal residential use level should be adequate. It should be easy for a neighbor to document a real problem on tape. Adding a decibel level requirement is not reasonable, as there is no easy way to monitor it. Most of the noise would be mitigated by keeping doors closed. The Commissioners agreed. The last issue to address was the site plan with trees. The applicants said they could maintain the existing trees, or plant two trees on the north side that has an open area. Ms. Smidt said that several plans have been presented but the applicants did not want to cluster trees. Commissioner Daly asked why screening is necessary since this looks likes any ordinary type of farm building. Ms. Smidt stated that Code requires screening of some kind. Commissioner Daly said that he feels the screening criteria developed had to do more with screening heavy equipment being stored on a site. Ms. Craghead noted that Code does not differentiate. Commissioner Luke said that this is not a pine tree type of area, just juniper. Something that grows fairly fast should be planted. If it is not an evergreen, it loses its screening potential for half of the year. Commissioner Daly does not agree with this requirement. Commissioner Baney stated she is not in favor of clustering trees, as it is not practical in this situation. She sees nothing wrong with planting four additional trees. Evergreens are necessary because they would provide screening all year. Commissioner Luke stated the Hearings Officer recommended eight trees, with four on each side. Ms. Smidt stated that the applicant did not want to plant on the south side. Commissioner Daly said that no trees should be planted near the drainfield. Commissioner Baney said that four trees at least five feet tall should be planted, but she doesn't know how this number of trees could screen the whole property. Commissioner Daly does not think any new trees should be required. Commissioner Baney noted that there are a lot of mature trees already, and it will take years for trees to grow to the size where they provide screening. She thinks two trees would be good. Screening of the south side or clustering does not make sense, but a few trees in between the mature trees would help. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 13 of 16 Pages After further discussion, it was decided that four evergreen trees would be planted in the vicinity of the area shown on the applicant's Plan B, with the applicant to use discretion as to the appropriate place to put them for screening purposes. They are to be at least five feet tall, measured from ground level. LUKE: Move that applicant's attorney write the findings with final review by County Counsel, for approval and signature of the Board at the earliest possible date. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Ms. Craghead indicated the applicant's attorney will work with her to have the documents signed in a timely fashion, and would allow an extension of a few days if needed. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Items 10. Signature of Resolution No. 2008 -144, Increasing the Health Department Change Fund 11. Signature of Resolution No. 2008 -145, Authorizing the Financing of the Beaver Local Improvement District Project 12. Signature of Resolution No. 2008 -146, Appropriating a New Grant in the Mental Health Department 13. Signature of Resolution No. 2008 -148, Transferring Appropriations in the Communication System Fund Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 14 of 16 Pages 14. Economic Grant Requests: • Leadership Bend Foundation - $500 was granted by Commissioner Baney, and $1,000 from Commissioner Luke. 15. Approval of Minutes: • Business Meetings: December 1 and 3, 2008 • Work Sessions: December 1 and 3, 2008 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 Amount of $8,252.63. LUKE: Move approval, subject to review. BANEY: 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 Amount of $1,072.62. LUKE: Move approval, subject to review. BANEY: 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 Amount of $1,517,896.95. Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 15 of 16 Pages LUKE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LLTKE: Chair votes yes. 19. ADDITIONS TO THE AGENDA Being no further items to come before the Board, the meeting adjourned at 1:15 p.m. DATED this 10th Day of December 2008 for the Deschutes County Board of Commissioners. ATTEST: /) Recording Secretary c Dennis R. Luke, Mic ael . Daly, o ' missioner Minutes of Board of Commissioners' Business Meeting Wednesday, December 10, 2008 Page 16 of 16 Pages 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, DECEMBER 10, 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 Order No. 2008 -100, Accepting a Petition and Setting the Date for a Public Hearing for the Annexation of Property into Cloverdale Rural Fire Protection District — Laurie Craghead, Legal Counsel 3. CONSIDERATION of Signature of Order No. 2008 -096, Surrendering Portions of Northwest Way and NW Maple Avenue to the City of Redmond — George Kolb, Road Department 4. CONSIDERATION of Signature of Document No. 2008 -642, an Intergovernmental Agreement regarding Surface Transportation Funding for the Extension of 19th Street, Redmond — George Kolb, Road Department 5. CONSIDERATION of Chair Signature of a Notice of Intent to Award Contract Letter for the Construction of the Deschutes Market Road Overpass Project, Phase II — George Kolb, Road Department 6. CONSIDERATION of Authorization of County Administrator's Signature or Documents Relating to a Loan to the Humane Society of Redmond —Dave Kanner, County Administrator Board of Commissioners' Business Meeting Agenda Wednesday, December 10, 2001, Page 1 of 6 Pages 7. CONSIDERATION of Signature of Document No. 2008 -631, Acceptance of a Special Warranty Deed regarding a Land Exchange with the Oregon Department of Transportation — Teresa Rozic, Property & Facilities 8. CONSIDERATION of Signature of Document No. 2008 -632, a Bargain and Sale Deed to the State of Oregon regarding a Land Exchange with the Oregon Department of Transportation — Teresa Rozic, Property & Facilities 9. CONSIDERATION of a Decision regarding an Appeal of the Hearings Officer's Decision Approving a Type 3 Home Occupation for a Cabinet Manufacturing Business (Applicant: Vander Zanden) — Cynthia Smidt, Community Development Department CONSENT AGENDA 10. Signature of Resolution No. 2008 -144, Increasing the Health Department Change Fund 11. Signature of Resolution No. 2008 -145, Authorizing the Financing of the Beaver Local Improvement District Project 12. Signature of Resolution No. 2008 -146, Appropriating a New Grant in the Mental Health Department 13. Signature of Resolution No. 2008 -148, Transferring Appropriations in the Communication System Fund 14. Economic Grant Requests: • Leadership Bend Foundation - $500 was granted by Commissioner Baney, and $1,000 from Commissioner Luke. 15. Approval of Minutes: • Business Meetings: December 1 and 3, 2008 • Work Sessions: December 1 and 3, 2008 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 Wednesday, December 10, 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.) Wednesday, December 10, 2008 8:00 a.m. Public Affairs Counsel (State Lobbyist) Conference Call 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 Board of Commissioners' Business Meeting Agenda Wednesday, December 10, 2008 Page 3 of 6 Pages 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 10:00 a.m. Youth Challenge Graduation Ceremony 1:30 p.m. Administrative Work Session — could include executive session(s) 4:00 p.m. Continued Hearing on Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Thursday, December 18, 2008 9:00 a.m. Quarterly Update with Fair & Expo 10:00 a.m. Quarterly Update with Community Justice 11:00 a.m. Quarterly Update with the Commission on Children & Families Monday, December 22, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, December 25, 2008 Most County offices will be closed to observe Christmas. Monday, December 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 1, 2009 Most County offices will be closed to observe New Years Day. Monday, January 5, 2009 8:00 a.m. Elected Officials Swearing -in Ceremony at Judge Sullivan's Courtroom 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 Wednesday, December 10, 2008 Page 4 of 6 Pages Tuesday, January 6, 2009 1:30 p.m. Budget Committee Overview and Update Wednesday, January 7, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 8, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, January12, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, January 14, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, January 19, 2009 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 21, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 22, 2009 8:00 a.m. Administration/Board of Commissioners Annual Planning Retreat — Fair & Expo Center Monday, January 26, 2009 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, December 10, 2008 Page 5 of 6 Pages Wednesday, January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 2, 2009 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, February 4, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Regular Meeting with City of La Pine Council, in La Pine (location to be determined) 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, December 10, 2008 Page 6 of 6 Pages IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: dine o Mailing Address: 5`705-- Nu) (4 57 ca-n 7 "6 Phone #: 04-1 -os9 g E -mail Address: f ® ef- a beaaticiP, Date: ti 4. o n ceti Subject: iv uvr-NQ n Gc9 1 ...e.uvno1n� vl IF YOU WISH TO TESTIFY Please complete this card (St turn it in to a County staff person. Name: L-1-Pi Y-)1D_ rp Mailing Address:, ,6 . - . ae-d 50-EA -4 Phone #: a.i 4- E -mail Address: Date: ) 2 /10 /os Subject: O IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. 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