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2004-1023-Minutes for Meeting July 19,2004 Recorded 7/27/2004Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 199 2004 Commissioners' Conference Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner Tom De Wolf was out of the office. Also present were Mike Maier, County Administrator; Tom Blust, Road Department; Joe Studer, Forestry Specialist; Catherine Morrow, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; and Susan Ross, Commissioners' Office. No representatives of the media or other citizens were in attendance. The meeting was brought to order at 1:30 p.m. 1. Review and Signature of a Grant Application for State Bicycle/Pedestrian Program Funds. Tom Blust explained that Oregon Department of Transportation funds may be available for widening and overlay of the roadway between Highway 20 to Tumalo Road. Therefore, an application for these funds has been prepared. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DESCHUTES COUNTY OFFICIAL RECORDS CJ 2OV4'1023 DALY: Chair votes yes. NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 0711712004 04;15;24 PM IIIIIIII (IIIIIIIIIII VIII III III 2004-1023 Minutes of Administrative Liaison Monday, July 19, 2004 Page 1 of 7 Pages 2. Discussion of Approval of Title III Project Selection for FY 2004-05. Tom Blust gave a brief overview of Title III funds — what is currently available and the proposed projects. (A copy is attached as Exhibit A.) He said that whatever is not used in a given year is not lost; it goes into reserves. The amount requested was less than the available amount because Title III is very specific. Commissioner Luke asked if any of the funding could be used to work on fire prevention in Fremont Canyon (County -owned land). Mr. Blust said that the Heart of Oregon Corps would fit into a demonstration project and/or forest education, perhaps paying for equipment and some wages for supervision. He will look into this further. Mike Maier asked if post -grant items are ever examined or audited for accuracy. Mr. Blust replied that they haven't done so in the past, but there is a federal audit scheduled later in the year. Mr. Maier indicated that it would be prudent to self -audit to prevent any potential embarrassment. LUKE: Move approval of list. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 3. Discussion of Signature of the Community Wildfire Protection Plan. Joe Studer gave an overview of the Community Wildfire Protection Plan for the Upper Deschutes River Area. A plan is required by the Healthy Forest Restoration Act, and this plan fits the criteria as it involves private land within National Forest areas. He further said that the coalition of property owners that put together the plan have expectations of the Forest Service that probably won't all be considered high priority for the Forest Service. There will not be adequate funds for all of the items listed. The Society of American Foresters sets minimum standards for community fire protection plans, and most of this document falls within those standards. Minutes of Administrative Liaison Monday, July 19, 2004 Page 2 of 7 Pages Mr. Studer stated that there were no standards set when the plan was started, and he came in late in the process. To bring this plan up to speed, it would need to include priority of treatment areas, an evaluation of structures, and information on fuels treatment that has not yet been reviewed. The standard will be used in the future. This plan was done early so it should have priority for funding. LUKE: Move approval of the Plan. DALY: Second. VOTE: LUKE: DALY: 4. Project Update. Yes. Chair votes yes. Elliott Property Susan Ross informed the Commissioners that the Elliott property (off Poe Sholes Road) has closed escrow, and the Elliotts paid the farm deferred taxes. The owner of an adjacent property has contacted her in regard to a small uneven parcel in the corner of the property that he would like to purchase. It is a portion of the property that the County won't be able to use. It is how it came into being; but easements have been checked and the property has been surveyed, and it has no apparent use at this time. Ms. Ross recommended that a lot line adjustment be completed and the parcel sold at appraised value plus costs. There are no other adjacent owners that would benefit from owning the property. LUKE: Move that selling this parcel be considered, subject to negotiation of costs and subject to the approval of the County Administrator. DALY: Second. VOTE: LUKE DALY: Yes. Chair votes yes. Midstate Electric Cooperative's Project Commissioner Luke asked why Midstate's plans have been at Community Development for six weeks since the County is normally very quick with the approval process. Ms. Ross said that this is not CDD's fault; plans for the Justice Center project were given priority. CDD will process the foundation permit as soon as possible, and will waive the fee for doing so. Minutes of Administrative Liaison Monctay, juiy iy, Lvu,+ Page 3 of 7 Pages Old Administration Building Ms. Ross said that United Way has moved into the old building. The Watermaster will be relocating into the space currently used by the Surveyor, and Risk Management will stay in their current location. Some remodeling is being done to accommodate their needs. The Commission on Children & Families will be moving into their space in early August, and the Family Resource Center will move at the end of August. A childcare provider, Munchkin Manor, has been selected; the decision by the committee was unanimous. This company appeared to be more flexible than the other company, Tiny Tots, in addressing the County's needs. Site visits to both companies also took place. Deschutes Services Center — Problem with State Portion Ms. Ross said that representatives of the State have said that the two "shed" areas are experiencing problems with noise, probably due to inadequate insulation. The cost to resolve this problem would be approximately $16,000, based on 2,600 square feet at $4 per square foot for material, plus labor. Commissioner Luke stated that the State should contribute a portion of this, since they did a walk through and they also had a hand in the development of the space. Mike Maier concurred. Ms. Ross will discuss this with the State people further. Block Grants Ms. Ross explained that a block grant slot is now available, with the close-out of the Alyce Hatch Center grant. The County is eligible to have three grants open at one time. The grant was advertised to all non -profits and only one response was received. The Three Rivers Care for Kids Foundation has requested funding for a youth center. It fits the income criteria, and funds would be used to construct the facility. The maximum amount available is $300,000. The consensus of the Commissioners was that this would be a good use of those funds. Mike Maier suggested that when the next grant slot is open, after the Crisis Resolution Center is completed, Bethlehem Inn may be in a position to request it. Minutes of Administrative Liaison Monday, July 19, 2004 Page 4 of 7 Pages Parkin Imes Ms. Ross said that the fleet vehicle parking area is nearly complete. The parking area for Community Development fleet vehicles will be done next. She asked if it would be appropriate for Arland Keeton to do the paving for the CDD area. Commissioner Daly and Mike Maier advised that she should get a couple of bids to make sure the price is reasonable. Commissioner Luke stated that someone has been parking their bicycles in the downstairs stairwell area. He is concerned because one of the bicycles parked there recently was gas powered. Ms. Ross said she will check into this before it becomes a problem. Ms. Ross advised that signs are being placed for visitor and carpool parking, and at this point no formal enforcement will be done. Mike Maier said that if it becomes an issue, Diamond Parking Company could be hired to do enforcement. He added that nearby companies pay the County to use County parking spaces, and he wants to be sure that only those people permitted to do so are using the parking spaces. It isn't a problem now, but could be once the old Deschutes Services Building is leased out. Project FundingIssues Ms. Ross said that it may be necessary to go out for a bond to cover the cost of ADA improvements, the purchase of the Elliott property and improvements to the Courthouse. The ADA costs could be $500,000 or more, and the costs to remodel the Courthouse were not anticipated when the original bond was submitted. At that time, the District Attorney was going to move into the Administration Building and very few changes were anticipated in the Courthouse. With the District Attorney remaining in the Courthouse, and with improvements now required by the City of Bend, such as the sprinkler system, there will be substantial expenses. Other Items 5. Discussion of a Request for Reimbursement of a U.S. Forest Service Grant. Laurie Craghead explained that a release of funds forms for a U.S. Forest Service wildfire grant needs to be signed by Commissioner Luke, who was the Commissioner who authorized the grant application originally. Minutes of Administrative Liaison Monday, July 19, 2004 Page 5 of 7 Pages DALY: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 6. Discussion of an Intergovernmental Agreement with the City of Bend for Road Chip Sealing. Tom Blust said that chip seal work is to begin next week, and an intergovernmental agreement needs to be signed before then to authorize the work. It has already been signed by the City. The charge to the City is set at the County's cost. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 7. Discussion of an Application for National Forest Foundation Funding. Catherine Morrow gave an update on the process of treating fuels in the new neighborhood; this could tie into the National Forest Foundation's work. The plan is to treat phases as they come on line. Joe Studer observed that the fire danger is there now, and it would be advisable to complete whatever work possible right away. Ms. Morrow asked that since the new neighborhood project is being funded by a grant, is it possible to match another grant with grant funds. She added that the $50,000 that has been set aside to treat County - owned lots is an inadequate amount. Mr. Studer stated that Central Oregon is one of only four areas in the country that is eligible for these grant funds, and non-federal partners can apply. LUKE: Move that Mr. Studer apply for grant funding, subject to legal review of the application and a determination as to the specifics regarding the matching funds; and subject to approval by the County Administrator. DALY: Second. Minutes of Administrative Liaison Monday, July 19, 2004 Page 6 of 7 Pages VOTE: LUKE: DALY: Yes. Chair votes yes. Being no further items discussed, the meeting adjourned at 3:20 p.m. DATED this 19th Day of July 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary is R. Luke; Commissioner Tom DeWolf, Commissioner Attachments Exhibit A: Overview of Title III Funds (2 pages) Exhibit B: Documents relating to Fire Prevention (2 pages) Minutes of Administrative Liaison Monday, July 19, 2004 Page 7 of 7 Pages TITLE III — Federal Fiscal Year 2004 (Deschutes County FY 2004-05) 2003-04 Title III FUND BALANCE (estimated balance 7-01-04) 2004 FUNDS (estimated receipt, Oct. `04) TOTAL AVAILABLE FUNDS PROPOSED PROJECTS • Search and Rescue on Federal Lands • Deschutes County Forestry Specialist • Emergency Fire Mapping — GIS Department • Forest Education / Work Program (Heart of Oregon Corps) 0 Central Oregon Fire Atlas (Nature Conservancy) • Centennial Celebration of USFS (High Desert Museum) TOTAL FUNDING REQUEST $200,000 $348,000 $548,000 REQUESTED FUNDING $200,000 $100,000 $28,000 $85,000 $15,000 $15,000 $443,000 Exhibit R Page j of ;P, COUNTY PROJECTS FUND 6/30/2004 Cash Balance 6/30/04 Tax Collections Rentals ITotal Resources Juvenile Office minor remodel Complete county/state bldg Materials & Services fy 04-05 Transfer to Justice Center project Transfer to Debt Service Total Expenditures Available Resources cipated Needs: Additional Justice Center project Courthouse Remodel 607,000 425,000 480,000 1,512,000 25,000 60,000 92,000 350,000 497,000 1,024,000 488,000 200,000 Exhibit 14 Page .2 of �P, Focus Issues For Deschutes County • Vacant Lots in Deschutes County: Currently SB 360 provides for a 20 foot fuel break clearance around vacant lots but there is no consequences for non- compliance and for many areas of Deschutes County, the 20 foot standard is insufficient. Since Deschutes County is a significant land owner with vacant lots there are potential liability issues (tort claim), and a public safety issue for the citizens and visiting public. • Community Fire Prevention Plans: As outlined by the Healthy Forest Restoration Act there is much debate on what a "good" plan looks like. Collaboration with the communities and agencies will produce what is appropriate for Deschutes County. • Fire Season 2004: From now until endices subside, we must be mindful of the threat of wildland fire and coordination with both federal, state, city and local fire districts. • Fire Plan funding opportunities coming in the fall. • New Neighborhood development opportunities, addressing fuels treatment while simultaneously creating a "Firewise Community." Exhibit Page 0f VACANT LOTS AND SENATE BILL 360 July 8, 2004 BACKGROUND ON SENATE BILL 360: The Oregon Forestland -Urban Interface Fire Protection Act of 1997, more commonly known as "Senate Bill 360" was designed to address the growing problem of fire in the wildland-urban interface. Unlike most other western states, Oregon has not yet suffered a truly catastrophic interface fire. Recognizing that such an incident was increasingly likely, the Legislature passed the Act, to encourage landowners, prior to a fire originating on their property, to apply standards designed to minimize or mitigate the hazards of such a fire. The standards were to be developed with input from affected property owners and then set forth in administrative rules by the Board. Shortly after passage of the Act, two ad hoc committees were established to assist with development of the standards, one in Deschutes County and the other in Jackson County. The membership of these committees represented a cross section of local fire and forestry officials and landowners. Between 1998 and 2001, many meetings of both committees were held. In 2001 and 2002, the work of the committees was consolidated into a single draft set of administrative rules. During the formal portion of the administrative rule promulgation process, eight public hearings were held across the state. No objections to the vacant lot standards were raised during these hearings. The Board formally adopted the standards in September 2002 and they became effective on November 1, 2002. BACKGROUND ON THE VACANT LOT ISSUE: The subject of whether or not vacant lots should be subject to the Act and how they should be treated was discussed during the Legislature's deliberations on the original drafts of the bill. Ultimately, they decided to include language in the final version of the bill, which allowed, but did not require, the development of standards related to vacant lots. How vacant lots should be addressed in the standards was a significant topic during the administrative rule development process. Especially in Deschutes County, this subject was discussed and debated at a number of meetings and was the principal reason for at least one field trip of the county ad hoc committee. At one extreme, was the view that all interface vacant lots be should be subject to significant fuel reduction requirements. This approach, however, could have resulted in vacant lot owners being required to clear more land than adjoining owners who had a structure. Additionally, based on input from contractors, it was determined that even a small lot could be very expensive to fully treat. At the other extreme, it was advocated that vacant lots should just be ignored. Between the extreme viewpoints, a consensus formed around the idea that some, but not all, vacant lots should be treated. The greatest impact caused by vacant lots, appeared to be where numerous, very small vacant lots were interspersed with similar sized lots containing structures. In such situations, even if the owner of an improved lot fully complied with the standards, a significant risk remained because of close and heavy fuels on adjacent vacant lots. Also, such areas tend to have poor roads and limited access, which exposes residents to added Exhibit Page _')- of dangers, in the presence of a wildfire. Because of such circumstances, found primarily in central Oregon, the classification of "High Density Extreme" was created. Vacant lots are currently addressed only in the High Density Extreme classification. Owners of such lots are required to establish a twenty -foot wide fuel break adjacent to all neighboring properties and roads. This standard represented a compromise between the two extremes described above. BEST VEHICLE FOR DEALING WITH VACANT LOTS: Long term, the standards concerning vacant lots may be broadened but, at this time, Senate Bill 360 is probably not the best vehicle for dealing with the issue. The standards cannot be quickly changed and can be changed only after involvement by affected landowners. Also, vacant lot clearance standards do not currently exist. Such standards would need to be first developed. Attempting to institute a significant change to the vacant lot standards, at this stage in the implementation of Senate Bill 360, could result in ODF having to postpone implementation on a statewide basis. Opposition to a standard requiring complete clearance on all lots classified as High, Extreme and High Density Extreme would be expected from both landowners and others. The cost of clearing some lots could exceed the value of the lot. In addition, the Oregon Department of Fish and Wildlife would likely be concerned about the potential removal of large contiguous areas of thermal and hiding cover. Opposition, from any party, could delay revision of the standards. In the end, while a failure to apply the standards of Senate Bill 360 does subject a landowner to increased liability for the reimbursement of certain ODF fire suppression costs, there is no enforcement mechanism available to ODF to force compliance. Other vehicles for dealing with vacant lots may be available from the county or from the rural fire district. Either or both of these entities could enact an ordinance which requires owners to reduce the fuel loading of vacant lots, similar to existing fire hazard removal ordinances in other jurisdications. 2 Exhibit Page of