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2001-135-Minutes for Meeting March 07,2001 Recorded 3/30/2001VOL: CJ2001 PAGE: 135 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001-135 * Vol -Page Pxinted: 04/05/2001 16:36:34 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Mar. 30,2001; 8:10 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 11 LV � 0, -, 6.1 � MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE NCED AP - 5 2001 � \TES c 01 JA AP '0 Ali 0. 10 w CO LEP\K p Board of Com Ak %&i missionerss 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke MINUTES OF BOARD MEETING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, March 7, 2001 The meeting began with an enjoyable musical presentation given by the COCC Chamber Singers. Chair Tom DeWolf brought the meeting to order at 10:30 a.m. Present were Commissioners Tom DeWolf, Dennis Luke and Mike Daly. Also present were Mike Maier, County Administrator; George Read and Geralyn Haas, Community Development; Jenny Scanlon and Ted Schassberger, Commissioners' Office; Rick Isham, Legal Counsel; approximately twenty County employees, fifteen citizens and several representatives of the media. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Presentation regarding Pelton Dam and Round Butte Dam Relicensing. Neil Bryant, who was hired to consult for the Round Butte Dam and Pelton Dam relicensing project, and Bob Main, Regional Manager, spoke. Mr. Bryant said that Round Butte and Pelton dams are going through a relicensing process that is controlled by the Federal Energy Regulatory Commission. They are presently operating off a fifty-year license. Minutes of Board Meeting Page 1 of 11 Pages Wednesday, March 7, 2001 Quality Services Performed with Pride Mr. Bryant further explained that the State has limited but important input. Part of the process is a water certificate issued by the Oregon Water Resources Department, and that's the key reason he is providing input. Oregon Revised Statutes proscribe a process for this certificate to be reviewed, and a committee called the HART task force, chaired by a water resources person, has a mandate and goal is to reach some consensus on water rights and the conditions thereof. The old permit contained a subordination clause stating that the old water right license is subordinate to all other uses in the region. There has been some discussion about having this subordination clause removed. The public policy for having the clause was that a higher priority was given for consumptive use. Any license issued in recent years has had this clause. Pacific Gas and Electric would like to remove the subordination clause, and Warm Springs also asked to be the licensee in the project. They have reached an agreement in how they will file a joint application; in that application they've indicated that they are willing to not ask for the waiver of the subordination clause, but they want to reserve the right to request that later. All environmental groups, Oregon State Parks, Oregon Trout, and Oregon Fish and Wildlife would like the clause removed. The HART team is discussing this issue. If the subordination clause were removed, PGE and Warm Springs would get additional clout and power. If you wanted a ground water permit in the Deschutes basin, the question would be asked if it would interfere with their new storage right. They propose an additional 76,000 acre-feet, which is a lot of water that would not be subordinated. Currently storage is 500,000 acre-feet, which is subordinated. The significance is if you want a new water right to drill a well, you'd have to ask if that water is available due to the storage right. Currently, to get a new ground water right you have to jump through a number of hoops. On the larger ones that aren't exempt, everyone is on hold because of the Deschutes basin study and this mitigation issue. It's possible that you'd have to get permission from PGE & Warm Springs to get your water right, which typically means money. Mr. Bryant further explained that there might be unintended consequences of this action. Historically the water has always been there and has been consistent. In regard to having the clause remain, it was discussed by the Deschutes Basin group; cities, water companies and agricultural users have all had input. Minutes of Board Meeting Page 2 of 11 Pages Wednesday, March 7, 2001 There will be a new draft of the license out in June, and he recommended the Board review this issue. He further recommended that the Board send a letter to the HART team indicating its concerns. He said he doesn't believe there has been a specific public meeting on this issue, but if that happens he feels it should occur in Deschutes County or Jefferson County. He explained that when other counties, cities, Deschutes Basin people, agricultural users and others find out about this, they will likely indicate they don't want the subordination clause removed. Commissioner DeWolf stated that because of the flows required to remain in the river, it is hard to get permission for a well. If 76,000 acre-feet of water are added to this, it will make that much harder. Mr. Bryant replied that generally that's correct. It is a storage water right, but you still have to address whether that water will be available so you don't affect this new, non -subordinated 76,000 acre-feet of storage. Commissioner DeWolf said that he presumed that the comment period has not expired and there is still opportunity to be involved in the discussion. Commissioner Luke stated that it's a lot like a land use application, and if you are not in it at the beginning, you don't have a shot at the end. Any comments should be committed to writing as soon as possible. Mr. Bryant volunteered to help to draft the appropriate letter, which might be sent to other counties. This should be done within the next ten days. Commissioner Luke asked if it would it be appropriate for this letter to address fish habitat restoration and those kinds of things. Mr. Bryant replied that these should be commented upon, but perhaps in a different letter to one of the smaller groups. Mr. Bryant further explained that there are several task forces and teams that oversee different areas. George Read (Community Development) asked if some of the fish runs that were there prior to the dams being built are going to be brought back; the dams had fish ladders, but they didn't work, so there is discussion about bringing that back. If the fish are listed as endangered and you bring them back, then are they still endangered, and what is the impact of doing that. Commissioner DeWolf stated that the Board needs to be kept informed, as will the citizens of the area. Minutes of Board Meeting Page 3 of 11 Pages Wednesday, March 7, 2001 Mr. Bryant then recommended that the water resources letter go out as soon as possible, this week. The cities of Redmond and Bend are aware of the issue. LUKE: I move that we intervene in the licensing of the dams in whatever ways Legal Counsel deems appropriate. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. Commissioner Luke then asked George Read to check with the staff of other local counties' community development departments about this issue. ADDITION TO THE AGENDA: Before the Board was a Presentation Given by Bob Dent and Allen Morris Regarding a National Program (Silent Universal Signaling Program) for Children. Bob Dent, Retired Oregon State Police Trooper, introduced Allen Morris, a retired Navy Seal and co-author of a book addressing child safety. Bob gave a brief overview of the history of hand signals, a silent individual signaling system that originated hundreds of years ago with Native Americans. He said he and Mr. Morris have brought together public safety individuals and groups to look into coordinating some kind of standardized signals to be used on a national basis. The program instructs teachers to teach children the eighteen signals. Mr. Morris stated what they are trying to do is coordinate a means of crises communication. Often during a crisis, teachers and children are unable to speak to each other, and public safety individuals can't speak to them either; so they are trying to create a team approach. Rather than allowing the violent sector of society take advantage, this can be addressed by a solid communications technique. It will give citizens the element of surprise. Silent Universal Signal System will help to further this type of effort. He then gave examples of when silent signals have helped to keep students from harm. Minutes of Board Meeting Page 4 of 11 Pages Wednesday, March 7, 2001 Bob Dent said that they have been contacted by international groups for training. Representatives of federal agencies have contacted them, as have representatives of several states. Representatives Ben Westlund and Tim Knopp, as well as Senator Clarno and the Commissioners, have expressed an interest, as have several school districts, fire chiefs and local police groups. Elk Meadows, High Desert and Buckingham Schools have indicated an interest, as have a multitude of parents. He showed a poster that would go into every classroom, and teachers would be instructed on how to teach children. These are simple signals that don't bring attention to the individual, and can de-escalate a bad situation. He said several children have already been assisted by using these signals. A two-hour class is given to the teachers. Commissioner Luke indicated he would donate $1,000 toward the schools to earmark for this program. 3. Before the Board was a Public Hearing on Measure 7 - Ordinance No. 2001-007, Adding Chapter 14.10 to the Deschutes County Code regarding Private Property Compensation Plans. Geralyn Haas provided background information to the Commissioners at this time. She also submitted to them copies of a letter from Kate Kimball. Geralyn Haas and George Read explained the proposed ordinance and the background of Measure 7. On December 8 the Board of County Commissioners voted to adopt the ordinance, but a stay on the Measure came that day and consequently the ordinance was not signed. While the Measure is stayed, Community Development staff felt this would be a good time to address this. ordinance. Accordingly, notice was sent out and this hearing was scheduled. Only one letter has been received at this point. The Attorney General said there is some discussion. Marion County has found it is unconstitutional. The County needs to be prepared in the event this Measure does become effective. This could take up to a year in the Court of Appeals or the Supreme Court. Commissioner Luke stated that there was not much definitive in the Attorney General's opinion. Minutes of Board Meeting Page 5 of 11 Pages Wednesday, March 7, 2001 George Read replied that it was aimed more at the state than counties, and it raised a lot of questions. Commissioner DeWolf asked for an explanation of a possible scenario if the legislature comes up with something to replace Measure 7. Legal Counsel Rick Isham replied that the original measure would then become moot. Commissioner DeWolf asked what if the Board decides to pass this but doesn't want to sign it until the Board knows what is going to happen. Rick Isham recommended that it not be signed until necessary. Under current circumstances the circuit court has declared unconstitutional and it may be on appeal, there may be items that will change. He stated that the County does not want to create the impression of a right that is greater than what will actually be allowed. Commissioner DeWolf said he didn't think the Board would want to adopt anything today, but it can receive testimony. Rick Isham stated that taking testimony and closing the hearing, and conducting a work session at some future date regarding the testimony, is appropriate. This should occur perhaps near the end of the legislative session. George Read said that there have been some concerns stated by Marion County that the stay was not legal. The County needs to be ready in case the stay is lifted. Commissioner Luke explained that the County has delayed two actions - the cellular telecommunications tower amendments and Terrebonne rezone. He asked if it is still recommended that those stay delayed. He further asked if Measure 7 might be retroactive. Rick Isham said that if the stay were lifted, it would be effective as of November 8, 2000. There's an argument that it is retroactive and the right of compensation is retroactive; it appears to be potentially without limitation in this form. There is not agreement on this issue at the present time. Chair DeWolf then opened the pubic hearing. Citizen Barbara Prete spoke. She explained that her family's dream was taken away from them. They purchased twenty acres in 1980 off Cloverdale Road, and were told they could build at any time. They are now retired (military) and want to build; and they can't believe this has happened to them. Minutes of Board Meeting Page 6 of 11 Pages Wednesday, March 7, 2001 They have improved the land with a main line, pump, meter, a barn, and six acres of water. Now they can't build on the six -acre parcel, even though they have spent $200,000 on their property. (Very emotional testimony.) Commissioner Luke stated that one of the most frustrating things in the legislature is when citizen have purchased property in good faith and the rules got changed. Many times citizens could not even improve upon their land. Citizen Jim Schadler, 60885 Highway 97, Bend, then spoke. He indicated his land was previously zoned commercial in the Bend Area General Plan. The zoning on his land has since been changed from commercial to residential. It's now inside the city limits but the City of Bend won't let him change the zoning back. The property is six acres located just north China Hat Road, with a rental house on it. He said he now can't burn pine needles on the land, and wants to level the property for development and isn't sure if the trees can be removed. He expressed his frustration that he can't get anywhere with the City; and stated that the County won't provide information to the City on how the plan and zoning got changed without his permission. He said he is a strong supporter of Measure 7. He further said that the State wants to buy the property for pennies on the dollar, and it is the duty of Commissioners to stand up for the citizens. He stated that ODOT will pay him what it is zoned at now; and he wants the value of the commercial zoning. He further explained that he has sent letters to George Read and to the City to find out how this change came about. He indicated that he has been contacted by business people who are interested in the parcel, especially in regard to potential fuel stops, and he doesn't know how to go about fixing this situation. He has a permit from State to cut the trees, but doesn't want to do that unless it makes sense. He is afraid there will be a tree policy adopted that could stop this action later on. A general discussion ensued regarding records and maps being made available to the City and citizens, if the records exist. Rick Isham explained that the ordinance provides a procedural framework if Measure 7 becomes effective. This would set forth a procedure for application to be made to the County. A number of cities and counties believe that within the framework of the amendment it deals with the substantive process of receiving compensation; this ordinance provides the procedure to apply. Minutes of Board Meeting Page 7 of 11 Pages Wednesday, March 7, 2001 Commissioner DeWolf said that he understands the ordinance allows the County a procedure to deal with any claims. He stated he appreciates the frustration some citizens have had regarding their private property rights. He further said that if the legislature comes to some agreement, perhaps this ordinance would need to be revised. Rick Isham said that the Board should consider leaving the hearing open until Wednesday, May 2, at 10:00 a.m.; and the Board could consider closing or continuing the hearing at that time. Commissioner DeWolf agreed. Before the Board was the Consent Aeenda. LUKE: I move approval. DALY: Second. VOTE: LUKE: DALY: Aye. Chair votes yes. CONSENT AGENDA ITEMS: 4. Signature of Resolution No. 2001-007, Adopting the Roadside Safety Management Plan 5. Signature of a Letter Re -Appointing James Ramey to the River Forest Acres Special Road District through June 30, 2002 6. Signature of a Letter Re -Appointing Ronald Gall to the River Forest Acres Special Road District through December 31, 2003 CONVENED AS THE GOVERNING BODY OF THE EXTENSIONA-H COUNTY SERVICE DISTRICT 7. APPROVAL of Weekly Accounts Payable Vouchers for the Extension/ 4-H County Service District in the Amount of $1,047.62. LUKE: I move approval, subject to review. DALY: Second. Minutes of Board Meeting Page 8 of 11 Pages Wednesday, March 7, 2001 VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. APPROVAL of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $12,336.11. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. APPROVAL of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $646,610.91. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 10. ADDITION TO THE AGENDA A. Before the Board was the Hickman -Williams Engineering Staking Contract. Commissioner DeWolf addressed the Hickman -Williams Engineering Co. staking contract, and asked if it falls within overall contract. Rick Isham replied that it is in addition to the contract. Minutes of Board Meeting Page 9 of 11 Pages Wednesday, March 7, 2001 Commissioner Luke stated that the Road Department, and it's a fairly complicated job; they couldn't do it any cheaper and don't have time to do it. Mike Daly said that another firm said the cost quote may be a little high, but they don't have time to do the job either. A general discussion regarding the contract and timing ensued. There was reluctant Commissioner support of this addition. DALY: I move that we accept the proposal from Hickman -Williams to increase to their not to exceed contract amount by $84,843.00. DEWOLF: I second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. B. Before the Board was Consideration of Signature of Resolution No. 2001- 009, Authorizing Dan Despotopulos, Manager of the Fairgrounds and Expo Center, to Sign Contracts and Incur Obligations on Behalf of the Deschutes County Fair Board. Rick Isham explained that the limit would be $50,000 per occurrence, which is more than what other departments are allowed. He said that this is a Fair Board delegation to Dan, because of the average size of the contracts, which are usually between $25,000 and $50,000. A general discussion occurred regarding authorizing contracts of this size, and whether this would fall within set guidelines. Rick Isham explained that the Fair Board has exclusive authority, subject to the annual budget. This is really the Fair Board giving Dan authority. The Fair Board feels there is up to a certain class of transaction that should be delegated to Dan; the Fair Board does not want to be involved in normal day-to-day transactions even though they may fall between $25,000 and $50,000. LUKE: I move approval. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. Minutes of Board Meeting Page 10 of 11 Pages Wednesday, March 7, 2001 Being no further issues brought before the Board, Chair Tom DeWolf adjourned the meeting at 11:45 a.m. DATED this 7t" Day of March 2001 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom DeWolf, Chair NJ .ennis R. Luke, Commissioner O'.allAvIll Michael M. Daly ommissioner Minutes of Board Meeting Page 11 of 11 Pages Wednesday, March 7, 2001