HomeMy WebLinkAbout2015-04-22 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
Page 1 of 8
For Recording Stamp Only
Deschutes 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, APRIL 22, 2015
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; David Doyle, John Laherty and Laurie Craghead, County
Counsel; Nick Lelack and Will Groves, Community Development; and two other
citizens including media representative Ted Shorack of The Bulletin.
Chair DeBone opened the meeting at 10:00 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None was offered.
3. Before the Board was Consideration of Board Signature of Document No.
2015-250, Decision to Approve a Modification of Conditions to Change the
Wildlife Management Plan for a Specific Property (Shepherd).
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
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Will Groves provided a brief overview of the history of the item. The
Commissioners felt this decision reflects what had been discussed.
BANEY: Move Board signature.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
4. Before the Board was Consideration of Board Signature of Document No.
2015-253, Decision on a Conditional Use Permit to Establish a Private Park
on an EFU-Zoned Parcel (Shepherd).
Mr. Groves explained this item. The Commissioners concurred that this was a
long, challenging process and they feel this gets to the right decision. Mr.
Groves said that this could go to LUBA, who can decide whether they agree,
disagree or can ask for clarification of specific issues via a remand. This can be
difficult for the property owner since he may not be able to fully proceed with
events until this is resolved.
A key factor is getting the proper permits through the County, and providing
the appropriate parking surface.
Commissioner Baney stated she approved this use in large part because of the
size of the property. She wondered if this might be a concern in the future with
other properties.
Mr. Groves stated that the recreational activities were concluded as being a
function of a park. There are a lot of conditions tied to the uses. The neighbors
do not have a problem with this use but the size of the property has a bearing on
that. If someone presents something similar but the impacts are different, the
Board may be asked to weigh in.
Nick Lelack stated that this allows others to at least ask the question, and every
property will be evaluated on its own merits. This decision does not set
precedence on other properties for this reason.
BANEY: Move Board signature.
UNGER: Second.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
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VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
5. Before the Board was Consideration of Reading of First and Second
Readings, by Title Only, and Adoption by Emergency of Ordinance No.
2015-004, Amending Code to Define, Permit and Establish Standards for
Medical Marijuana Dispensaries in Conjunction with State Law .
Mr. Lelack briefly reviewed the Ordinance, which was discussed previously
with some changes being considered. The hours of operation were changed to
10 AM to 7 PM, and the EFU zone is deemed not appropriate per the State.
Supplemental language under 18.116.320 (e) is: “the addition or conversion of
the dispensary to recreational use marijuana sales and distribution is a change of
the use, and subject to County land use review and approval for alteration of the
medical marijuana dispensary use.”
Commissioner Baney stated that a State legislator has indicated distributors
should be able to sell medicinal and recreational marijuana from the same
location. Commissioner Unger noted that it is a different user group. Therefore,
this is timely. Commissioner Baney said this Ordinance should be adopted by
emergency because the one-year moratorium ends soon and it is important to
provide a clear path.
UNGER: Move first and second readings by title only.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
Chair DeBone conducted the first and second readings, by title only.
BANEY: Move adoption of Ordinance No. 2015-004.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
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6. Before the Board was a Public Hearing, and Consideration of Signature of
Order No. 2015-026, Approving the Kerr Annexation into Deschutes
County Rural Fire Protection District No. 2.
Laurie Craghead said this is a standard annexation, except the property owner
went to an attorney early and got the Department of Revenue approval ahead of
time. All of the relevant documentation has been received and reviewed.
Chair DeBone opened the public hearing at this time.
Tom Fay, DCRFPD Fire Chief, stated that this property is already being served
through a contract, and this just adds the property to the District. It will now be
easier for the District to administer.
Being no further testimony offered, Chair DeBone closed the hearing.
UNGER: Move Board signature
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
7. Before the Board was Consideration of Board Signature of Order No.
2015-027, Extending a Resolution (No. 2009-035) Indicating Intent to
Rezone a Portion of Property at 70420 NW Lower Bridge Way from
Surface Mining to Rural Residential.
Commissioner Baney stated that she asked that this item be pulled from the
agenda so it can be discussed at a work session, so the Board can get up to date
on the history of this property.
__________________________
Before the Board was Consideration of Approval of the Consent Agenda.
Commissioner Baney asked that the minutes be removed from the agenda to
allow her more time to review them.
BANEY: Move approval of the Consent Agenda with the change noted.
UNGER: Second.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
Page 5 of 8
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Consent Agenda Items
8. Board Signature of Order No. 2015-023, Accepting Review of Hearings
Officer’s Decisions in Files relating to the Miller Tree Farm
9. Board Signature of Order No. 2015-021, Declaring Deschutes County a Hybrid
Entity for HIPAA Purposes
10. Board Signature of Resolution No. 2015-030, Initiating Legalization
Proceedings for a Portion of Tetherow Road
11. Board Signature of Order No. 2015-024, Causing a Portion of Tetherow Road
to be Surveyed, Road Official Filing a Report, and Notice of the Legalization
Process
12. Board Signature of Order No. 2015-025, Setting a Temporary Speed Limit of
35 Miles per Hour for a Portion of Spring River Road
13. Board Signature of Document No. 2015-193, Amending a Lease between
Deschutes County and the State of Oregon, Building Codes Division
14. Board Signature of Order No. 2015-022, Approving the Appointment of
Gregory P. Colvin as Justice of the Peace, Pro-Tem
15. Board Signature of Documents No. 2015-234, -235, -236, -237, -238 and -239,
Bargain and Sale Deeds and Acceptance of Real Property, Relating to a Lot
Line Adjustment between Deschutes County and Van Aken
16. Board Signature of Document No. 2015-224, Amending a Lease with Central
Oregon Extended Unit for Recovery
17. Board Signature of Document No. 2015-240, Accept Deed for a Right of Way
for Property off Huntington Road
18. Board Signature of Resolution No. 2015-024, Amending the Imprest Accounts
and Change Fund for the Fair & Expo Center
19. Board Signature of Resolution No. 2015-025, Transferring Appropriations in
the RV Park Funds
20. Board Signature of Resolution No. 2015-026, Transferring Appropriations in
the OHP – Mental Health Services & Alcohol/Drug Fund
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
Page 6 of 8
21. Board Signature of Resolution No. 2015-027, Transferring Appropriations in
the Foreclosed Land Sales Fund
22. Board Signature of Resolution No. 2015-028, Transferring Appropriations in
the Road Fund
23. Board Signature of Resolution No. 2015-029, Transferring Appropriations in
the Behavioral Health Fund
24. Board Signature of Resolution No. 2015-031, Transferring Appropriations in
the Public Health Fund
25. Approval of Lottery Grant Fund Awards:
Habitat for Humanity Event: $1,000.
Bethlehem Inn: Spotlight on Homelessness: $1,000.
Latino Community Association Event. $1,500.
Cascade School of Music: $1,000.
Women’s Civic Improvement League: $200.
Think Again Parents of South County: $500.
Children’s Vision Foundation: $1,000.
26. Approval of Minutes:
Business Meetings of April 6 and 8, 2015
Work Sessions of April 6 and 8, 2015
Legislative Updates of February 10 and 24, and March 10 and 24, 2015
Department Update with Community Development, March 10, 2015
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
27. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District (Two Weeks) in the
Amount of $40,029.74.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 22, 2015
Page 7 of 8
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
28. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District (Two
Weeks) in the Amount of $8,748.39.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
29. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County (Two Weeks) in the Amount of
$1,910,072.98.
Mr. Anderson said that Cell 6 construction at the landfill is making progress
and is near completion. Other expenses involve foreclosed properties.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
30. ADDITIONS TO THE AGENDA
None were offered.
Being no other items brought before the Board, the meeting was adjourned at
10:30 a.m.
DATED this __-A-_____2015 for the 1.t! Day of_~
Deschutes County Board of Commissioners.
Anthony DeBone, Chair
Alan Unger, Vice Chair
ATTEST:
SIOner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, April 22, 2015
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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, APRIL 22,2015
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. 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. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when the Board calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public
hearing will NOT be included in the official record ofthat hearing.
3. CONSIDERATION of Board Signature of Document No. 2015-250,
Decision to Approve a Modification of Conditions to Change the Wildlife
Management Plan -Will Groves, Community Development
Suggested Action: Move Board signature o/Document No. 2015-250.
4. CONSIDERATION of Board Signature of Document No. 2015-253,
Decision on a Conditional Use Permit to Establish a Private Park on an EFU
Zoned Parcel -Will Groves, Community Development
Suggested Action: Move Board signature o/Document No. 2015-253.
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2015
Page 1 of6
5. CONSIDERATION of Reading of First and Second Readings, by Title Only,
and Adoption by Emergency of Ordinance No. 2015-004, Amending Code to
Define, Permit and Establish Standards for Medical Marijuana Dispensaries in
Conjunction with State Law -Nick Lelack and Matt Martin, Community
Development
Suggested Actions: Move first and second readings by title only,' move adoption
by emergency.
6. PUBLIC HEARING and Consideration of Signature of Order No. 2015-026,
Approving the Kerr Annexation into Deschutes County Rural Fire Protection
District No.2 Laurie Craghead, County Counsel
Suggested Actions: Open hearing, take testimony, close hearing; move Board
signature of Order no. 2015-026.
7 . CONSIDERATION of Board Signature of Order No. 2015-027, Extending a
Resolution (No. 2009-035) Indicating Intent to Rezone a Portion of Property at
70420 NW Lower Bridge Way from Surface Mining to Rural Residential Will
Groves, Community Development
Suggested Actions: Move Board signature of Order No. 2015-027.
CONSENT AGENDA
8. Board Signature of Order No. 2015-023, Accepting Review of Hearings
Officer's Decisions in Files relating to the Miller Tree Farm
9. Board Signature of Order No. 2015-021, Declaring Deschutes County a
Hybrid Entity for HIPAA Purposes
10. Board Signature of Resolution No. 2015-030, Initiating Legalization
Proceedings for a Portion of Tetherow Road
11. Board Signature of Order No. 2015-024, Causing a Portion of Tetherow Road
to be Surveyed, Road Official Filing a Report, and Notice of the Legalization
Process
12. Board Signature of Order No. 2015-025, Setting a Temporary Speed Limit of
35 Miles per Hour for a Portion of Spring River Road
Board of Commissioners' Business Meeting Agenda Wednesday, Apri122, 2015
Page 2 of6
13. Board Signature of Document No. 2015-193, Amending a Lease between
Deschutes County and the State of Oregon, Building Codes Division
14. Board Signature of Order No. 2015-022, Approving the Appointment of
Gregory P. Colvin as Justice of the Peace, Pro-Tern
15. Board Signature of Documents No. 2015-234, -235, -236, -237, -238 and -239,
Bargain and Sale Deeds and Acceptance of Real Property, Relating to a Lot
Line Adjustment between Deschutes County and Van Aken
16. Board Signature of Document No. 2015-224, Amending a Lease with Central
Oregon Extended Unit for Recovery
17. Board Signature of Document No. 2015-240, Accept Deed for a Right of Way
for Property off Huntington Road
18. Board Signature of Resolution No. 2015-024, Amending the Imprest Accounts
and Change Fund for the Fair & Expo Center
19. Board Signature of Resolution No. 2015-025, Transferring Appropriations in
the RV Park Funds
20. Board Signature of Resolution No. 2015-026, Transferring Appropriations in
the OHP -Mental Health Services & Alcohol/Drug Fund
21. Board Signature of Resolution No. 2015-027, Transferring Appropriations in
the Foreclosed Land Sales Fund
22. Board Signature of Resolution No. 2015-028, Transferring Appropriations in
the Road Fund
23. Board Signature of Resolution No. 2015-029, Transferring Appropriations in
the Behavioral Health Fund
24. Board Signature of Resolution No. 2015-031, Transferring Appropriations in
the Public Health Fund
25. Approval of Lottery Grant Fund Awards:
• Habitat for Humanity Event: $1,000.
· Bethlehem Inn: Spotlight on Homelessness: $1,000.
• Latino Community Association Event. $1,500.
· Cascade School of Music: $1,000.
• Women's Civic Improvement League: $200.
• Think Again Parents of South County: $500.
· Children's Vision Foundation: $1,000.
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2015
Page 3 of6
26. Approval of Minutes:
• Business Meetings of April 6 and 8, 2015
• Work Sessions of April 6 and 8, 2015
• Legislative Updates of February 10 and 24, and March 10 and 24,2015
• Department Update with Community Development, March 10,2015
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
27. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District (Two Weeks)
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
28. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District (Two Weeks)
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
29. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County (Two Weeks)
30. ADDITIONS TO THE AGENDA
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2015
Page 4 of6
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. Jfyou have questions
regarding a meeting, please call 388-6572.)
Monday, April 20
1 :30 p.m. Administrative Work Session could include executive session(s)
Tuesday, April 21
10:00 a.m. 911 Executive Board Meeting, at 911
2:00p.m. Department Update Fair & Expo, at Fairgrounds
Wednesday, April 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, April 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session{s)
Wednesday, April 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, May 4
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session{s)
Tuesday, May 5
1 :30 p.m. Department Update Health Services, at Health
3:30p.m. Public Safety Coordinating Council Meeting
Board of Commissioners' Business Meeting Agenda Wednesday, April 22,2015
Page 5 of6
Wednesday, May 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session ~ could include executive session(s)
Thursday, May 7
1:30 p.m. Department Update ~ Assessor
Wednesday, May 13
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session ~ could include executive session(s)
Tuesday, May 19
1:30 p.m. Department Update Juvenile Community Justice, at Juvenile
Wednesday, May 20
2:30 p.m. Department Update ~911 Service District, at 911
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
Board of Commissioners' Business Meeting Agenda Wednesday, April 22, 2015
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