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2004-1010-Minutes for Meeting July 12,2004 Recorded 7/20/2004COUNTY TES FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERKDS C 30041010 COMMISSIONERS' JOURNAL 07/20/2004 04;57;51 PM 111111111 11I1I111III111I III 11111111112004-3030 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 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 129 2004 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf. Also present were Mike Maier, County Administrator; Les Stiles, Rebecca Hallin and Sue Brewster, Sheriff's Office; Julie Lyche, Commission on Children & Families; Ken Harms and Mike Viegas, Risk Management; Gary Judd and George Kolb, Road Department; Timm Schimke, Solid Waste Department; Matt Martin, Community Development; Susan Ross, Commissioners' Office; media representatives barney Lerten of bend.com and The Bugle, and Chris Barker of the Bulletin; and twelve other citizens. Chair Daly brought the meeting to order at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Discussion of the Reading of a Proclamation Declaring July 18 through 24 Probation and Parole Officers Week. This item will be addressed at the Wednesday, July 14 Board meeting. 3. Before the Board was a Discussion and Consideration of Signature of Document No. 2004-301, a Lease Agreement between Bethlehem Inn and Deschutes County regarding the Use of a Portion of the Parole & Probation Facility as a Homeless Shelter Operated by Bethlehem Inn. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 1 of 13 Pages Becky Wanless gave a brief overview of the Bethlehem Inn project, and answered a few questions regarding entry into the transitional housing area and the use of the kitchen. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was a Discussion and Consideration of a Public Hearing, and Signature of Document No. 2004-272, a Services Agreement regarding the Provision of Juvenile Treatment Foster Care Beds. This item will be addressed at the Wednesday, July 14 Board meeting. 5. Before the Board was Consideration of Signature of Document No. 2004- 322, an Indemnity Agreement with Cycle Oregon, Inc. regarding Cycle Oregon 2004, Scheduled the Weekend of July 24 & 25. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was a Discussion and Consideration of Signature of Policy No. P-2004-110, Establishing Procedures for Addressing Violence in the Workplace. Mike Viegas gave a brief overview of the policy, which was reviewed by all departments. The policy explains the processes and procedure to address workplace violence issues, along with definitions, training and appropriate follow-up. It is modeled after the state and federal policy. This item will be addressed at the Wednesday, July 14 Board meeting. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 2 of 13 Pages 7. Before the Board was Consideration of Chair Signature of an Intent to Award Contract Letter for the Construction of the Oasis Drive Local Improvement District. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was Consideration of Signature of Document No. 2004- 323, Amendment #1 to the Step Ahead Contract for Subgrant between Deschutes County and the High Desert Education Service District. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 9. Before the Board was a Discussion and Consideration of Approval of Staff Changes: a Computer Forensic Examiner Position, an Administrative Sergeant — Corrections Position, and Upgrading Four Patrol Deputy Positions. Les Stiles explained that there have been some revenue changes from what was forecast, and the ending capital was different from what was anticipated. Jim Ross gave an overview of the changes and the areas for which the funding would be used. (A copy of his handout is attached as Exhibit B) Sheriff Stiles indicated he has received letters of commitment from the cities regarding the use of computer forensic services. An administrative sergeant in the Jail will help with concerns regarding liability in enforcing jail standards. The patrol deputies will be reclassified as sergeants, and will be assigned to the La Pine area. The net FTE gain is two: the forensic examiner and the Jail sergeant. He added that some of the additional funding came from staff that was lost earlier in the year, and the positions weren't immediately filled. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 3 of 13 Pages DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 10. Before the Board was Consideration of Signature of Order No. 2004-058, Declaring the Disposition of Certain Deschutes County Surplus Property at Auction. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 11. Before the Board was a Discussion and Consideration of Approval of Document No. 2004-150, the Deschutes County 9-1-1 Service District Operating Agreement. This item will be addressed at the Wednesday, July 14 Board meeting. 12. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2004-324, Establishing the Amount of the Solid Waste Disposal Fee Waiver for Fiscal Year 2004-05. Timm Schimke stated that this policy allows for limited disposal fee waivers for those who are in the business of reselling used goods, and it also helps with the County's waste reduction goals. There is a cap in the amount allowed for individuals and organizations; this year there is $38,000 available, which is generated from the revenue received for advertising signs placed at the landfill. DEWOLF: Move approval. LUKE: Second. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 4 of 13 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 13. Before the Board was a Discussion and Consideration of Signature of Letters Appointing Allan Jones of La Pine (through June 30, 2008) and Mike Shirtcliff of Redmond (through June 30, 2005) to the Deschutes County Planning Commission. This item will be addressed at the Wednesday, July 14 Board meeting. 14. Before the Board was a Discussion and Consideration of the Second Reading (Scheduled for Wednesday, July 14) and Adoption, by Emergency, of Ordinance No. 2004-001, Amendments to the Exclusive Farm Use Zone to Make It Consistent with State Standards. Jon Skidmore indicated he has received no additional comments. A person in the audience indicated she wanted to speak; Laurie Craghead said that the Board was under no obligation to let her do so, as the public hearing and time to receive testimony has closed. However, the person could give written comments for the Board to review prior to Wednesday. Commissioner DeWolf stated that he feels it would be improper to allow someone to speak at this time, since no one else would have an opportunity to rebut what is said. He said she could speak with planning staff and submit comments in writing if she wishes. This item will be addressed at the Wednesday, July 14 Board meeting. 15. Before the Board was a Discussion and Consideration of Setting a Date to Receive Legal Arguments regarding an Appeal of the Hearings Officer's Decision Approving a Proposed Road Dedication (Applicant: Thomas; Bull Springs Road). Catharine White explained that in June the Board voted to hear, on the record, the appeal on the dedication of Bull Springs Road and associated segments of roads. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 5 of 13 Pages The procedures ordinance requires the Board to specify a date and give ten days' notice before deliberations. A date needs to be set for parties to submit arguments, as does a date and time for the Board to deliberate the issue. The appellant extended the decision date to September 24, at which time the decision needs to be in writing. Commissioners Luke and DeWolf asked if the decision date could be extended longer, due to time constraints because of an upcoming federal case at which the Commissioners need to testify. A discussion about this then took place. A date of September 15 was then set for the Board to make its decision on this matter, which would allow time for the final decision to be drafted before the September 24 deadline. 16. Before the Board was a Discussion and Consideration of the Appointment of Max Johnson, and Reappointing Bob Jackson to the Deschutes River Mitigation and Enhancement Committee, through July 14, 2007. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 17. Before the Board was a Discussion and Consideration of Signature of Order No. 2004-040, Intent to Form a Transit District for Inclusion on the November 2004 Ballot. Mark Pilliod said that he has worked closely with the City of Bend to identify the boundaries and legal description. He is now prepared to publish the order and post the public hearing as appropriate. The hearing is to take place in thirty days. Ron Garzini, interim manager of the City of Bend, stated that the area would be basically the city limits plus Deschutes River Woods, the Juniper Ridge industrial area and the Pine Nursery area. He said that the City of Redmond is not interested in participating at this time, but may be in the near future. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 6 of 13 Pages He also explained that perhaps the County could help overcome statute that creates barriers to intercity transit. At this time the rural areas between the cities would have to be included, but there might be a way around this to involve just the cities. Mr. Garzini said that 29 cents per thousand was originally considered, but this could be a lower amount. There are also ways for a transit district to contract with the cities or the La Pine area. If the voters approve the district, there will be no district for about 18 months. Almost one-third of the funds would come from state and federal grants. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 18. Before the Board was a Discussion and Consideration of Signature of Document No. 2004-324, an Intergovernmental Agreement between Deschutes County and the City of Bend regarding Solid Waste Management. Mark Pilliod stated that this is an agreement that involves the cities in the development of an ordinance that would restrict or limit the disposal of solid waste to Knott Landfill or the transfer stations. The City of Bend has requested that the County defend the provision if it is challenged, so the intergovernmental agreement is contingent upon the City going forward with an ordinance change which will come before them on July 21. This item will be addressed at the Wednesday, July 14 Board meeting. At this time a citizen in the audience asked to make a comment, which Chair Daly allowed. Commissioner Luke cautioned that there is a pending land use application and the subject is sensitive. Gretchen Grivel asked how it would benefit the public for haulers to be required to use the Deschutes County site, since in her opinion competition among private industry is usually good for the public. If it is the best alternative, the haulers will choose it. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 7 of 13 Pages Commissioner DeWolf said they aren't forced to use it unless they are under contract, and the County has seven-year rolling contracts with them. Having the flow into the landfill controlled assures that the County can afford a landfill. The idea behind flow control is to make sure there is adequate funding to create the resources to operate. Commissioner Luke added that is isn't just the operation of the landfill and transfer stations. The County has an obligation to recycle a certain percentage. If the flow goes somewhere else, there is still an obligation for the County to recycle. The funds for that have to come from somewhere. At this point the landfill operations are self-sustaining as part of an overall master plan, and there is no need for a rate increase anytime soon. The cost is cheaper than handling the flow at Crook County, whose recycling level is less. Knowing you have a product coming in is important for bond sales. Furthermore, to resite a landfill is not something that is done quickly or easily. Ms. Grivel said that she has heard the economic argument, and personally she would not mind paying a little more for a better option than Knott Landfill. Commissioner Luke stated that it would cost citizens a lot. The current arrangement makes more sense and is in the best interest of County citizens. Ms. Grivel stated again that she wanted to comment on a previous agenda item, #14. Commissioner DeWolf reiterated that she needs to speak to staff about it so they can bring her concerns to the Board's attention, since the Board needs to be fair to all sides. Julie Eberhard -Wheeler then spoke. She said she reviewed a letter from the County's legal counsel, Mark Pilliod, to the City that talked about the expansion of the landfill like it is going to happen, even though there are no Department of Environmental Quality permits or authority at this time. Commissioner Luke said that there are permits for the landfill, and that the whole land use action under consideration is whether buildings can be installed. This action does not involve expanding the landfill itself. Ms. Eberhard -Wheeler stated that per the DEQ, there are no permits for the new cells. Commissioner Luke said that the County disagrees. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 8 of 13 Pages Ms. Eberhard -Wheeler said that discussing flow control is putting the cart before the horse. The Hearings Officer has not made a decision yet. Without the ability to put in buildings, the flow control cannot happen. It is possible that the DEQ will not allow the expansion because of water and air quality issues. She stated that she feels the County should postpone this. Commissioner Luke explained that whether Knott Landfill is expanded or it is turned into a transfer station, it would all require funding. This won't happen unless there is an idea of what the income will be. Flow control is a source of revenue so those long-term plans can be made. This is not something that is done overnight, and it is very expensive. Flow control is needed to make long- range plans. Ms. Eberhard -Wheeler said that she objects to Mr. Pilliod's letter to the city, which makes it seem like this is already determined. And the County is proceeding as if it already has approval, and like public input doesn't matter. (She then submitted comments in writing, which are attached as Exhibit C.) 19. Before the Board was a Discussion and Consideration of Signature of Order 2004-054, Accepting a Petition and Setting a Date for a Public Hearing for the Patterson Annexation into Deschutes County Rural Fire Protection District No. 2. Laurie Craghead stated that this involves the annexation of one property. The hearing is set for July 28. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 20. Before the Board was a Discussion and Consideration of Signature of Ordinance No. 2004-016, Establishing a General Policy that Right of Reversion Clauses Shall Not Include Termination Dates. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 9 of 13 Pages Laurie Craghead said that the Board had requested this Ordinance; a new section in the Code had to be created. The first reading needs to be done, with the second reading to occur in two weeks. There is no emergency clause. LUKE: Move approval of the first reading by title only. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly did the first reading by title only at this time. 21. Before the Board was a Discussion and Consideration of Signature of Order No. 2004-057, the Monthly Cash Transfer Order. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 22. Before the Board was a Discussion and Consideration of Signature of a Letter Appointing Ric Nowak to the Central Oregon Community Investment Board, through June 30, 2005. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 23. Before the Board was a Discussion and Consideration of Signature of a Letter Reappointing Michael Hinton to the Board of Commissioners of the Central Oregon Regional Housing Authority through June 30, 2008. LUKE: Move approval. DEWOLF: Second. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 10 of 13 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 24. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control Commission License Application for Hampton Station, Inc. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 25. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control Commission License Application for Gordy's Truck Stop, La Pine. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 26. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of Letters Appointing Ex -Officio Members to the Deschutes County Commission on Children & Families (Bob Smit, Lolly Tweed, Donna Howard, Ken Wilhelm, and Allen Merritt). DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 11 of 13 Pages B. Before the Board was a Discussion of Timeline for Decision in Land Use Case File #A-02-7 (Dowell). Laurie Craig explained that because of an e-mail the Board received, she contacted both attorneys last week. The Board decided this case last year; the Board made a decision regarding setbacks, and the applicant's attorney was to write the decision. He asked for extensions because a private right of action, a code enforcement case, and a Court of Appeals case caused delays. Ms. Craghead asked if the Board would like the extension to the end of July be the final one. There was also a hope that parties would come to an agreement through DLCD mediation, but that didn't happen. All three Commissioners indicated it has taken too long already, and they would like to get the issue finalized. Being no further items brought before the Board, Chair Daly adjourned the meeting at 11:35 a.m. DATED this 12th Day of July 2004 for the Deschutes County Board of Commissioners. Michael M. Daly, CPIr ennis R. Luke, Commissioner ATTEST: Tom beWolf, Recording Secretary Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 12 of 13 Pages Attachments Exhibit A: Sign -in sheet (I page) Exhibit B: Sheriffs Office funding forecast (4 pages) Exhibit C: A letter from Julie Eberhard -Wheeler regarding Flow Control (1 page) Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 13 of 13 Pages H H .71 H N L V 0 •� N N4) N r 7 K m LL L C O Z a d � i IV � r C Cd �J 'r cii L O y O ✓ .O L � V CIIIW � V -O w a El R I m Z Exhi it / of Page .71 Exhibit �' Page / of �1 1:1O O O O Cl) O O O 4mJ � M � V ibA- +iA- M fu V 4� 0 L o 0 C) clj f V N N M O 1.- 4A- -b - Vl- O ' OM 0 O 0 O o O 0 V V � � N I� ` - iA^-� Ln CD O CD O O O O N O ' M O M m in- iA- ffl- V C: N fu i � L ai C: Q� W Exhibit �' Page / of �1 MPI 9 1 p O O O O O O O O Oi 0 O O O O O p p O l p 0 O O O O O p p 0; CT Q1 N 00 O 0O ; i N --1 LL O m N N I� I'D M M �y M >, O \ "o kO kO I. 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V o U- o m c s Z 0 Y � N C Q d v v t6 n E T T T T Y X X m m m m m o N w w o m �000000UDD co cQZ)QO U) U) = y 7 a' a' W Exhibit Page_ of ME The county is putting the cart before the horse in even discussing these flow control ordinances with Bend and Redmond's city councils. The Deschutes County Department of Solid Waste does not have permits from either the county planning department, nor the DEQ for landfill expansion at this time. It is extremely premature to be speaking about flow control when the hearings officer has not issued a decision on the landfill's conditional use and site plans yet, and will not do so until late summer or early fall. Meanwhile, Deschutes County officials and employees seem to be operating under the assumption that the county will receive permission to expand at this location, in spite of the overwhelming information about the dangers of landfill gases and the abundant public outcry over expanding at this location, which is extremely close to hundreds of homes and a school. In addition is the groundwater contamination issue which may indeed be enough on its own for the DEQ to deny any future expansion of the Knott Landfill. Until all of these land use and DEQ issues are ironed out, Deschutes County should stop all dialogue in regard to garbage flow control ordinances. Instead, the rhetoric should be, "If the Knott Landfill is to expand..." not, "When the Knott Lain fill epands..." Ci n Gl '' -w? 6'Y J 114 c1. k (c 'Lvi i.�, �; ✓�-t�� / Exhibit (2 Page % of �_