Loading...
2003-829-Minutes for Meeting April 30,2003 Recorded 5/6/2003DESCHUTES COUNTY OFFICIAL RECORDS CJ 2Q03.829 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 05/0612003 03;35;03 PM 1111111111111111111111111111111111 2003-000829 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.ora MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 30, 2003 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly. Also present were Mike Maier, County Administrator; Tom Blust, Gary Judd, Dennis Morris and George Kolb, Road Department; George Read, Damian Syrnyk, Steve Jorgensen and Catherine Morrow, Community Development Department; Sue Brewster, Randy Wight and Larry Vierra, Sheriffs Office; Laurie Craghead, Legal Counsel; Elisabeth Huyck, Mental Health Department; Scot Langton, Assessor; Anna Johnson, Commissioners' Office; media representative Chris Barker of the Bulletin; and seven other citizens. Chair Dennis Luke opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was the Reading and Consideration of Adoption of a Proclamation Declaring May as Sexual Assault Awareness Month. - Janet Huerta, Central Oregon Battering and Rape Alliance, and Members of the Family Violence Council Janet Huerta, Director of Direct Services, COBRA (Central Oregon Battering and Rape Alliance), Pat Cohn, Development Director of COBRA, Elisabeth Huyck of Deschutes County Mental Health, and Layne Hood of the Family Violence Prevention Council spoke to the Commissioners and the audience. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 1 of 13 Pages Janet Huerta explained that there are about 200 sexual assaults, including rape, in the area each year, and these groups want to bring about public awareness of this problem. Commissioner Luke asked how many cases COBRA deals with in a year. Ms. Huerta replied that they deal with as many as 10,000 contacts per year. Last year they received over 3,000 phone calls on their hot line, and they shelter around 400 women and children each year. In any given month, they also talk with numerous people about sexual assaults. Layne Hood of the Family Violence Council added that sexual assaults are a huge area of concern, especially since a lot of the cases occur within family units. Elizabeth Huyck said that they are looking for ways to deal with all kinds of family violence, and there is now a tri -county sexual assault investigative team that helps address the problem. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2003- 261, an Intergovernmental Agreement between Oregon State University and Deschutes County, Allowing the Sheriffs Office to Auction Off OSU Property at Public Auction. Sue Brewster explained that OSU doesn't have the staff to handle an auction of their items, primarily office equipment and furniture, here. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 2 of 13 Pages 4. Before the Board was Consideration of Signature of Document No. 2003- 262, an Intent to Award a Contract for a Countywide Mug Shot System. Randy Wight stated that this would replace the existing system with an updated version. They have gone through an RFP process, and they received two bids. The two bids were evaluated and a choice was made to go with the one that best meets the requirements of price and quality. Commissioner DeWolf expressed concerns that since this is a multi -agency system, the proper was to administer it is to have an intergovernmental contract with the cities of Bend and Redmond regarding appropriate payment. Mr. Wight replied that before the agreements can be drafted, negotiations need to occur with the vendor to have full information available. He added that both of the Chiefs of Police are committed to the project. He also said that the intergovernmental agreements would spell out the allocation of the costs of purchase and maintenance. Commissioner Daly asked what the differences are between the new system and the current one. Mr. Wight explained that the new system will interface with the records management system, and can also transmit photos to vehicles and MVT's. It is a non-proprietary web -based system that allows the faster exchange of images. At the current time, if a photo of person is needed, it has to be printed out and given in hard copy form. He added that the maintenance on the current system is very expensive. Larry Vierra said that the largest portion of the cost is the software and licensing. They will also be able to create I.D. badges without having to pay a $500 fee if the name of the agency is changed depending on who needs to badges. LUKE: Move approval. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of Signature of Resolution No. 2003- 038, Adopting the Fiscal Year 2003-04 Oregon Department of Revenue Assessment and Taxation Grant Application, and Designating a County Contact Person to Handle the Grant Process. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 3 of 13 Pages Scot Langton explained that there is an annual application for this grant, which represents about 32% of the monies spent on assessment and taxation. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2003- 253, a Services Contract between Deschutes County and WMC, Inc. (dba Express Personnel Services of Central Oregon) for the Placement of Temporary and Seasonal Maintenance Workers. Dennis Morris said that his department did an RFP for seasonal workers, and although four sets of documents were distributed, Express Personnel was the only one who completed and submitted them. He went on to say that Mid -Oregon had a problem with professional liability coverage. Instant Labor was just sold to a new owner, and meeting payroll is a problem right now. St. Vincent de Paul did not complete the documents. This year's budget for this work is $240,000. The temporary employees are used for maintenance work, basically labor and flagging at construction projects. They are trained and awarded a flagging certificate. These are the people who are very visible to the public, and the work can be hazardous as well. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Signature of Resolution No. 2003- 037, Authorizing the Election to Receive National Forest Safety -Net Payments for Title II and Title III Projects under P.L. 106-393. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 4 of 13 Pages Tom Blust stated that this specifies how the percentage of dollars the County obtains from the National Forest Safety -Net funds is split between Title II and III. The Safety -Net program was passed in 2000, and a minimum of 15% and a maximum of 20% goes to projects. Title II funding is for resource improvements to the national Forests, and the funding stays with the federal government. Title III funding comes to the County, for specific County services and projects, which sometimes include educational programs. One major one is for search and rescue on National Forest lands. These funds can also be used for planning for wildfire issues, work crews on National Forest lands, and for urban interface programs. Anyone can submit for Title II funds, as long as it will be for a resource improvement project. The Forest Service oversees these projects, and the County has no control over these dollars. The remaining amount is distributed with 75% going to roads and 25% to schools. In 2006, however, if timber continues to decline, the funding goes back to zero. This is the third year of payments, and the estimated total amount of next year is about $4.6 million. The majority of Oregon counties go with the 15% amount. Some counties are attempting to put as much funding as possible into Title III. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2003- 033, Accepting a Petition to Vacate a Portion of 12th Street, Terrebonne. George Kolb said that there have been no objections to this action. Qwest wanted assurance that an easement would stay in place. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 5 of 13 Pages 9. Before the Board was Consideration of Signature of Order No. 2003-047, Vacating a Portion of 12th Street, Terrebonne. DALY: Move approval. LUKE: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 10. Before the Board was Consideration of Signature of an Acceptance of a Public Road Easement for a Portion of Foster Road from the U.S. Forest Service. Tom Blust explained that this goes through Forest Service land and is for the Oregon Water Wonderland sewer system project. The Forest Service wanted to be sure there was an easement before exchanging the land. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 11. Before the Board was Consideration of Signature of an Acceptance of a Deed for a Public Right -of -Way Easement for Ropp Lane (off Ward Road). George Kolb explained that this is in regard to an easement that was granted but never accepted by the County. DEWOLF: Move approval. DALY: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 6 of 13 Pages 12. Before the Board was Consideration of Signature of Document No. 2003- 263, an Amendment to the La Pine Stormwater Management Grant from the Central Oregon Community Investment Board, reducing the Grant Amount; and Document No. 2003-264, Signature of the Project Completion Report. Steve Jorgensen explained that this is a COCIB grant project; the first phase of the overall project to handle stormwater in the La Pine area. There have been problems with groundwater issues there, and a solution had to be developed to capture this stormwater. There are a few different systems in place now. The initial study is being completed as a part of the grant. The purpose of this amendment is that Central Oregon Intergovernmental Council says that since the County came in under budget, they want to amend the grant to reflect the dollar amount of what it actually cost. Commissioner DeWolf asked why the amount saved would not be split between the County and the grant, since the County put in its full matching amount. Mr. Jorgensen replied that COIC seems to feel that the County's portion is off the top, and whatever is left over is grant funds that are unused. He added that he has never seen this type of adjustment done in the past. Commissioner DeWolf indicated that he will speak with COIC representatives about this issue, and that the item will need to be delayed until the Board meeting in a week. 13. Before the Board was Consideration of Signature of Resolution No. 2003- 036, Declaring the Intention of Deschutes County to Exchange Property with the Baldwin -Herndon Family Trust, and Setting a Public Hearing Date (of June 11, 2003) to Take Testimony on this Exchange. Catherine Morrow explained that this meets the requirement of Statute in regard to the exchange of land. The result will have the County owning the part of the New Neighborhood where the La Pine Senior Center will be located; and Baldwin -Herndon Trust will be an equal amount of land that is zoned for residential use. DEWOLF: Move approval. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 7 of 13 Pages VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 14. Before the Board was a Discussion regarding Ordinance No. 2003-003, which Proposes to Amend County Code relating to Home Occupations (File No. TA -02-12); Specifically, How to Further Involve the Public in the Decision-making Process regarding this Proposed Ordinance. Commissioner DeWolf said that the intention of this item is to reflect a discussion he had with Elise Wolf after the public hearing held on this issue on April 23. Ms. Wolf spoke with Catherine Morrow about the possible formation of a citizens' group to hold work sessions to resolve some of the outstanding issues in regard to this proposed ordinance. He added that on the face of it, it sounds like a reasonable idea to him. There are a lot of different opinions and questions surrounding this issue. Catherine Morrow said that she told Ms. Wolf to bring this up with the Commissioners, since it is now the Board's process. Community Development can facilitate that kind of working group, but they need to have clear direction from the Board about which issues need to be resolved. There was testimony all over the map, and various positions of the Board on a many items. Damian Syrnyk prepared a summary table regarding the testimony that was given, and there appear to be several basic categories. However, some are not a part of this process, as they are current code enforcement issues. Commissioner Luke stated that code enforcement seems to be a big problem. Ms. Morrow replied that this is another category that staff thought it could work on to come back with some suggestions. Another category includes issues with no clear resolution. Fundamentally, the question is if the system is broken and needs to be fixed; and is the Planning Commission approach one that the Board wants to pursue. Staff needs to know this before sitting down with a working group. Commissioner DeWolf said that it isn't broken, but a whole lot of folks are out of compliance and there are code enforcement issues going on. He added that he doesn't want this to end up being a war between neighbors, and there needs to be an allowance for appropriate things. He state that he hopes they can resolve what makes logical sense as to what ought to or shouldn't be allowed. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 8 of 13 Pages He said he still has a lot of questions. For instance, what difference does it make if you require a twenty -acre parcel if you don't address setbacks? Also, the number of trips would be regulated, but not the number of vehicles being parked there. Also, there's no size restriction on type 3, but 1,500 square feet on type 2. The definition of home occupation is not that good, either. There is no one size fits all. Maybe this can be determined according to the size of the property, with a different ordinance for different zones. Fundamentally, this would allow certain types of businesses in residential areas or rural residential areas, and he hasn't found a place to land on in this issue. Commissioner DeWolf then added that someone brought up that there have been only 57 applications in ten years. Perhaps the conditional use permit process is so onerous that people avoid the process and do what they want anyway. If the County is going to put people through this process, it needs to be clear. And what is being proposed by the Planning Commission needs more flexibility. He said that he kept hearing from the audience that they'd like to see it kept simple; the only real issue is the impact to the neighbors. The Board needs to be careful about any unintended consequences of what it is doing, but the Board is unable to answer all of these questions. Catherine Morrow stated that staff could answer some of them. The Code allows businesses in residential areas now, but a conditional use permit is required in most of these instances. The Code deals with this on a case by case basis, with very subjective standards. This proposed three-tier system would be designed to deal with some of those subjective issues. She added that part of the reason there have only been 57 applications is that many home occupations have no impact; however, under the current Code, they would be required to have a permit. Commissioner DeWolf said that he can understand the three tiers, but the definition of tiers 2 and 3 are still very fuzzy. Ms. Morrow suggested that staff work with the Board to try to get through these issues and get some consensus about how to proceed. They can then work on the proposal, notify everyone who's interested and ask what they think. It will take a long time if the Board has the public participate at this point, and they still may not agree with each other. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 9 of 13 Pages Commissioner Daly pointed out that they need to consider the County's lack of industrial property for smaller uses. He said that a friend of his, Bob Green, grew his business and looked around for a suitable and affordable property, and couldn't find what he needed. Commissioner Luke stated that all development of this type takes place within the urban growth boundary, per the State. Commissioner Daly said that many folks in rural communities who started a small business have been there for many years, and need to be considered. Commissioner Luke replied that if they now have three or four big trucks, they are no longer a small business. Commissioner DeWolf added that when he lived in Boonesborough, a rural residential area, a neighbor drove a log truck as a self -operator, and at 5:00 a.m. nearly every day he woke up the neighborhood with smoke and noise from his truck. This needs definition. An author working on a book and an operator of a diesel big rig are quite different. Commissioner Daly observed that the truck might have the same engine as a motorhome and many pickup trucks. Commissioner DeWolf said that there is not a clear enough definition to protect or not protect people. There needs to be a way to get through this process. He added that he is happy with the suggestions that Ms. Morrow made; that the Commissioners figure out what they can agree on, and work through the other issues. Commissioner Luke observed that a lot of what the Board heard about at the hearing involved code violations, and the slowness in enforcing this process. There is a shortcoming when three citations are required before it goes to court. It is difficult for one code enforcement officer to cite once, much less three times. He said he would like some discussion on this issue in regard to a way to streamline the code enforcement process. The code enforcement officer tries to work with violators, and a citation comes later only if they don't cooperate. Perhaps three citations are too many. Laurie Craghead said that this is a policy and not an ordinance, so can be changed. George Read said that this was put into place in 1995 and implemented in 1996, and has not been looked at since. They try for compliance rather than punishment. However, the three citations can be adjusted. He added that there was no enforcement at all until after the 1970's, and this was gradually imposed over time. Now they are more caught up, and cases are processed faster than they used to be. It could be a good idea for this to evolve. Most violators comply after being contacted once. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 10 of 13 Pages Commissioner Luke observed that the code enforcement officer's time is stretched pretty thin. If more regulations are created for home occupations, the County needs to be sure it can actively enforce it. Ms. Morrow replied that these regulations wouldn't create anything that the County doesn't already have; it would just be regulated differently. George Read said that the planning division does not follow up on conditional approvals. Perhaps some complaints could be followed up this way, instead of utilizing a code enforcement officer. One theory is an annual permit, with an inspection at that time. This might allow for a different level of enforcement. Commissioner Luke stated that there are a lot of complaints about businesses working on cars in residential areas; perhaps the process for this kind of thing can be moved up. Mr. Read replied that they would have to pay a fine, but it may not resolve the issue. Sometimes they reduce the level of activity, and then it gradually goes back up. They are out of sight for a while, but then come back. Laurie Craghead said that one example would be that if they didn't have to do three citations, they could immediately move for contempt and the court could order them to clean it up. It's possible this could be done through the Justice Court, if it is not a criminal contempt issue. Commissioner Luke asked that a memo from Legal Counsel and Community Development be drafted regarding this issue, about making code enforcement more efficient. Commissioners Luke and DeWolf said they like the idea of working with staff at first on the ordinance; Commissioner Daly added that the public could be added later. It was agreed that they need to get a lot closer to a resolution than they are now. Commissioner DeWolf stated that he thinks a series of questions should be provided to each Commissioner. The answers could then be compiled to see where the agreement is and where it is not. George Read observed that the County allows incidental and subordinate uses of residences for business, of what normal people do. The County doesn't enforce this and doesn't intend to. Catherine Morrow added that if people call and ask planners if a permit needed for that kind of incidental work, they are probably told that technically they do, but that the County doesn't have an issue with it. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 11 of 13 Pages Ms. Morrow suggested that perhaps the Commissioners could each submit two questions, too. It was requested that the questions and the memo from Legal Counsel and Community Development be presented to the Board no later than the first of June. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of 10,721.35. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $4,126.30. DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $384,737.14. Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 12 of 13 Pages DALY: Move approval, subject to review. DEWOLF: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. 18. Before the Board was Consideration of Additions to the Agenda. None were offered. Being no further items brought before the Board, Chair Dennis Luke adjourned the meeting at 11:25. DATED this 30th Day of April 2003 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair Tom DeW46--tf, C ner ATTEST: Miclfael M. Daly, mmissioner Recording Secretary Minutes of Board of Commissioners' Meeting Wednesday, April 30, 2003 Page 13 of 13 Pages