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2006-426-Minutes for Meeting April 12,2006 Recorded 4/14/2006DESCHUTES COUNTY OFFICIAL NANCY 13LANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II II IIIIIIIII III~IIII I I IIIIIII Z 08-426 CLERK TO 04/14/2006 04;43;18 PM DESCHUTES COUNTY CLERK CERTIFICATE PAGE C n This page must be included if document is re-recorded. Do Not remove from original document. 0-T 02 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 MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 12, 2006 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno. Also present were Mike Maier, County Administrator; Teresa Rozic, Property Specialist; Jim Ross, Sherds Office; Mark Pilliod, Laurie Jo Kendall and Laurie Craghead, Legal Counsel; Tom Anderson and Catherine Morrow, Community Development; Ryan Houston, Upper Deschutes Watershed Council; and five other citizens. No representatives of the media were present. 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 a Presentation of the Upper Deschutes Watershed Council's Annual Report for 2005. Ryan Houston, Executive Director of UDWC, gave a presentation of the group's 2005 annual report. He also gave an overview of his personal work history and the activities of the group, and how it coordinates projects with other organizations. (A copy of the report is attached as Exhibit A.) A copy of the Measure 37 opening statement was distributed to audience members. (Attached as Exhibit B.) Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 1 of 13 Pages 3. Before the Board was a Hearing on Order No. 2006-040, a Measure 37 Claim (Claimant: Hanson). This item was continued fi°om February 8. Mark Pilliod stated that further documentation was expected from the claimant by this time, but it was just received. The attorney for the claimant has also asked to continue the matter. CLARNO: Move that this item be continued to May 8, 2006. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 4. Before the Board was a Hearing on Order No. 2006-005, a Measure 37 Claim (Claimant: Gill). Tom Anderson said that this claim, filed by Jane Gill, involves 38 acres zoned EFU that is located on Tyler Road, across from Rock Springs Ranch. The claimant wishes to subdivide the property for subdivision use; no specifics are given. $700,000 in damages is claimed. The property was originally acquired in 1969, and was conveyed to Jane exclusively in 1994. John reacquired his interest later. Jane Gill's ownership extends back to 1969, so that would be considered the acquisition date. Commissioner Luke stated that for the record, he believes all three Commissioners know the Gill family since they have been living in the area for many years. Chair Luke opened the hearing. Being no testimony offered, he closed the hearing. CLARNO: Move approval of Order No. 2006-005. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 2 of 13 Pages 5. Before the Board was a Hearing on Order No. 2006-006, a Measure 37 Claim (Claimant: Gill). Tom Anderson stated that this claim was filed by John Gill. The property is located at 64300 Tyler Road, and consists of a little over 19 acres zoned EFU. The claimant wishes to subdivide the property into five lots. The amount of damages claimed is $400,000. The property was first acquired in July 1969. In this situation Jane Gill conveyed her interest to John Gill in 1994. The claimant is John Gill, whose interest extends back to 1969, which would be the review date. Chair Luke opened the hearing. Being no testimony offered, he closed the hearing. CLARNO: Move approval of Order No. 2006-006. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 6. Before the Board was a Hearing on Order No. 2006-007, a Measure 37 Claim (Claimant: Miller). Tom Anderson stated that the claimant is William Miller. The property has no address, but consists of 208 acres abutting the Jefferson County line. The claimant also owns an additional approximately 1,000 acres that is located within Jefferson County. The property is zoned EFU and, within Deschutes County, it is entirely surrounded by federal Bureau of Land Management property. No indication was given as to where future access would be; the land is close to Lower Bridge Way but access could be through Jefferson County. The claimant wants to subdivide the property into 40 acre parcels. The acquisition date has been established as December 1980, and at that time, EFU zoning had either 40 or 80 acre designations. It is unclear at this time precisely where the line switched from 40 to 80 acres, since the area had both. Old Mylars would need to be examined to determine if 40 acre parcels are allowable. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 3 of 13 Pages Mark Pilliod said he is submitting a marked-up copy of the map as discussed, for the record. (A copy is attached as Exhibit C.) Mr. Anderson added that there was a typographical error in one paragraph of the staff report regarding the PL designation. This needs to be corrected. Chair Luke opened the hearing. He said a letter from Paul Dewey was received. Being no testimony offered, he closed the hearing. CLARNO: Move approval of Order No. 2006-007, with the changes in the staff report as explained. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 7. Before the Board was a Hearing on Order No. 2006-009, a Measure 37 Claim (Claimant: Fullerton). Mark Pilliod stated that Bruce White, the attorney for the Fullertons, has indicated more time is needed, and asked that the claim be addressed on Monday, May 8. Additional information will be provided prior to that date. CLARNO: Move that this item be continued to May 8, 2006. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 8. Before the Board was a Hearing on Order No. 2006-010, a Measure 37 Claim (Claimant: Low). Mark Pilliod said that after discussions with the Low's attorney, an impasse has been reached in regard to the acquisition date, and its interpretation under Measure 37. They have requested that this matter be continued indefinitely, until some resolution is reached through the courts. The question in this regard is whether a distant family member being involved would allow the waiver and the same level of compensation. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 4 of 13 Pages Commissioner Daly asked if there are any pending court cases involving acquisition dates that may help clear this up. Mr. Pilliod said that the cases are all different and the State is to make its briefs regarding these cases available on line for the counties to review. CLARNO: Move that this item be continued indefinitely, at the request of the applicant. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 9. Before the Board was Consideration of Signature of Letters Appointing Susan Quatre and Kelly Smith to the Deschutes County Planning Commission. Catherine Morrow said there were 14 applicants, seven were interviewed, and the two candidates were unanimously selected. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 10. Before the Board was Consideration of Signature of a Letter Appointing Cherrie Schwartz to the Deschutes County Historical Landmarks Commission. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 5 of 13 Pages 11. Before the Board was Consideration of Signature of a Letter Appointing Jason Bryers to the Board of Deschutes River Recreation Homesites Special Road District No. 6, through December 31, 2008. DALY: Move approval. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 12. Before the Board was Consideration of Signature of Order No. 2006-065, the Monthly Cash Transfer Order. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 13. Before the Board was Consideration of Signature of Resolution No. 2006- 027, Transferring Appropriations within the Community Development Fund. Tom Anderson explained that this transfer enables Community Development to hire additional staff. The revenue is available to cover this expense. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 14. Before the Board was Consideration of Signature of Resolution No. 2006- 028, Transferring Appropriations within the Deschutes County Sheriff's Office Fund. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 6 of 13 Pages Mike Maier advised that the work hours for the Sheriff's Office legal counsel are being slightly increased. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 15. Before the Board was a Public Hearing on a Supplemental Budget for Deschutes County Budget for Fiscal Year 2006-07. Teri Maerki gave an overview of the items addressed in the supplemental budget. Many of the adjustments have to do with the budget for the health benefits trust. Chair Luke opened the public hearing on the supplemental budget. Being no testimony offered, he closed the hearing. 16. Before the Board was Consideration of Signature of Resolution No. 2006- 025, Adopting a Supplemental Budget for Fiscal Year 2006-07. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of Document No. 2006- 121, an Intergovernmental Agreement with the City of Bend regarding the 2006 Byrne Justice Assistance Grant. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 7 of 13 Pages Jim Ross explained the agenda item, which involves sharing the grant award with the City of Bend. The total grant is a little more than $18,000. The Sheriff's Office would use its portion to replace outdated computer equipment. He added that has to do with the population of the City and County, which is why the City of Redmond is not involved in this particular grant process. Mike Maier noted that this grant may not be available next year. The 2006 amount is almost half of the previous year. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. B. Before the Board was Consideration of Signature of Order No. 2006-066, Approving and Confirming the Sale of Certain Real Property (Sold at Public Auction). Teresa Rozic explained the order covers bargain and sale deeds for the properties sold for cash at the auction. It does not include those that were purchased with cashiers' checks. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. C. Before the Board was Consideration of Signature of Order No. 2006-064, Authorizing the Sale of Real Property. Teresa Rozic explained this involves a property that was purchased but the Sheriff closed the sale before the bidder could return with a cashier's check. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 8 of 13 Pages It was determined that the buyer was told that the sale would be open until 4:00 p.m. Therefore, the order would allow the buyer to conclude the transaction. CLARNO: Move approval. DALY: Second. VOTE: DALY: CLARNO: LUKE: Yes. Aye. Chair votes yes. D. Before the Board was Consideration of Signature of Document No. 2006- 123, a Lease Agreement for Storage Space at 51680 Coach Road, La Pine, to La Pine Frontier Days. Mike Maier said that this lease is appropriate as long as the group obtains appropriate insurance coverage. CLARNO: Move approval of County Administrator's signature of the lease. DALY: Second. VOTE: DALY: CLARNO: LUKE: Yes. Aye. Chair votes yes. E. Before the Board was Consideration of Signature of Document No. 2006- 122, a Lease for Office Space in the South County Services Building, La Pine, to La Pine Community Action Team. Mike Maier gave an overview of the item. CLARNO: Move approval. DALY: Second. VOTE: DALY: CLARNO: LUKE: Yes. Aye. Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 9 of 13 Pages F. Before the Board was Consideration of Signature of Resolution No. 2006- 029, Transferring Appropriations from the General Fund Contingency to the Business Loan Fund and Mental Health Fund. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT G. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $4,461.30. CLARNO: Move approval, subject to review. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT H. Before the Board was Consideration of Approval of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $767.53. CLARNO: Move approval, subject to review. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 10 of 13 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 1. Before the Board was Consideration of Approval of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,0469852.16. CLARNO: Move approval, subject to review. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Being no further items to come before the Board, Chair Luke adjourned the meeting at 11:10 a. m. to go into executive session, as called under ORS 192.660(1) (e), real estate negotiations. Present were Commissioners Luke, Daly and Clarno; Mike Maier, County Administrator; Laurie Craghead, Legal Counsel; and Teresa Rozic, Property Specialist. At 11:20 a.m., after the conclusion of the executive session, the Board reconvened to take action. CLARNO: Move that the Board deny the request from the Hart Family Trust to cancel the contract with the County regarding property purchased at the County's recent land auction. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 11 of 13 Pages At 1: 30 p. m., at the regular department update with the Road Department, the Board took action on several items, primarily because the Board will not meet again until April 24. CLARNO: Move Chair signature of three property offers for Newberry Business Park properties, as recommended by the LIGI Board: for purchasers Tyson, LeBarre and Harper. LUKE: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CLARNO: Move Chair signature of an Oregon Liquor Control Commission application for Wickiup Junction Store. LUKE: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. DATED this 12th Day of April 2006 for the Desch s County Board of Commissioners. is R. Luke, Chair ATTEST: Recording Secretary Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 12 of 13 Pages Bev Varno. Vice Chair Attachments Exhibit A: Upper Deschutes Watershed Council 2005 Annual Report (8 pages) Exhibit B: Opening statement for Measure 37 hearings (2 pages) Exhibit C: Map of property regarding the Miller Measure 37 claim (Order No. 2006-007) Minutes of Board of Commissioners' Meeting Wednesday, April 12, 2006 Page 13 of 13 Pages UPPER DESCHUTES WATERSHED COUNCIL 2005 ANNUAL REPORT President Joanne Richter Richter Environmental Consulting Directors Bob Baker Rimrock Ranch Herb Blank Central Oregon Fly Fishers Tracy Bowerman Paddlers of Central Oregon Tom Davis Water Resources Engineering Michael Fisher Central Oregon Community College Bill Friedman Mayor, City of Bend Mike Golden Fisheries and Wildlife Kyle Gorman Oregon Water Resources Dept. Tom Hickmann City of Bend Public Works Steve Johnson Central Oregon Irrigation District Leonard Knott Knott Farms Dennis Luke Deschutes County Commission Darcy McNamara Natural Resources Consulting Bill Swarts Olympic Resource Management Kelly Walker Sunriver Owners Association Staff Ryan Houston Executive Director Kolleen Yake Regional Education Coordinator Lesley Jones Water Quality Specialist The Upper Deschutes Watershed Council seeks to protect and restore the 1,800 miles of rivers and streams that flow from the Cascades to Lake Billy Chinook. Protecting and caring for these rivers requires the commitment of a network of agencies, municipalities, non-profits and interested citizens. In 2005, the Watershed Council continued to bring these local groups together to implement projects that engage citizens in restoring the Deschutes River and its tributaries. This year's annual report highlights some of our most significant accomplishments in habitat restoration, community education and watershed monitoring. Thank you for your continued support as we embark upon 2006. Sincerely, Joanne E. Richter President Ryan Houston Executive Director 2005 Annual Report Contents Page Community Rivers Program 2 Healthy Waters Institute 3 Habitat Restoration 4-5 Water Quality Monitoring 6 Partnerships 7 Funding and Support 8 Dear Friends and Supporters, COMMUNITY RIVERS PROGRAM The Community Rivers Program seeks to increase the connection between people and the rivers that make central Oregon unique. Through hands-on restoration projects, the Community Rivers Program provides local citizens, students, volunteers and landowners with opportunities that improve watershed knowledge and encourage informed conservation practices. 2005 project partners included Deschutes National Forest, Central Oregon Intergovernmental Council, Bend Metro Park and Recreation District, reSource, Central Oregon Fly Fishers, Osprey Adventures, Paddlers of Central Oregon, Bend Paddle Trail Alliance, Sun Country Tours, Alder Creek Kayak and Canoe, REI, High Desert Museum, OSU-Cascades and the City of Bend. The Community Rivers Program is made possible by funding from the Oregon Watershed Enhancement Board, private donations, in-kind support and hundreds of volunteers. "it is calming to sit with the frees. Even though you may get dirty it is worth it!" -Cameron 5th Grade Community Rivers Participant C~ >tn $ ^ ~ ~ °r b a 0 Coordinated local elementary students to restore 500 alder and willow to Farewell Bend Park; 0 Planted an additional 100 native rose and willow at Captain Jack Creek; 0 Planted 1,060 willow, alder, dogwood, and twinberry with students at Tumalo Creek; 0 Recruited nine local business, organizations, and recreation groups for river clean-up; 0 Removed 140 bags of noxious weeds, litter, and instream debris from nine sites along the Deschutes River at the Riverfest Clean-up; 0 Coordinated 1 st Street River Trail and Farewell Bend Park weed removal projects with Central Oregon Intergovernmental Council; 0 Facilitated riparian zone education field trip and planting project for local students at Shevlin Park; 0 Hosted l st Annual Fall River Clean-up with Bend Metro Park and Recreation District to remove 30 bags of litter from the Deschutes River; 0 Recruited 200 community volunteers; 0 Engaged 110 student participants; and 0 Coordinated 930 volunteer hours. Page 2 The Riverfest Clean-up removed more than 140 bags of litter from the Deschutes River in Bend. Local river recreation businesses and other volunteers donated the labor and equipment for the project. Students from High Lakes Elementary and Summit High School learn about fish habitat while restoring riparian vegetation to Tumalo Creek (see Page 5 for the Tumalo Creek Project) HEALTHY WATERS INSTITUTE The Healthy Waters Institute (HWI) is a research and teaching institute working to improve education and provide students with hands-on knowledge of their local land and water. HWI is an Oregon Trout program implemented locally in partnership with the Upper Deschutes Watershed Council. Kolleen Yoke, Regional Education Coordinator, helps prepare students from Westside Village School for riparian planting at Farewell Bend Park on the Deschutes River in Bend. As part of the Salmon Watch Program, local students learn to test water quality as one way to evaluate the health of a river. HWI launched in June 2005. Highlights include: 0 Published and distributed the first and second editions of the journal of the healthy waters institute to more than 2,000 local students; 0 Coordinated week-long Salmon Watch program for 180 middle and high school students; 0 Led Tumalo Creek watershed education workshops and field trips for more than 300 K-12 students; 0 Assisted Sisters High School students with macroinvertebrate sampling on Squaw Creek; and 0 Recruited more than 150 hours of volunteer time from community members and partners. Salmon Watch Students identify salmon as an indicator species of stream health. By testing the water quality, studying macroinvertebrates, examining the riparian zone and discussing fish biology, students ascertain the health of the Metolius River. Independent Projects Seniors develop and answer their own water- related science questions while satisfying the service-learning component of their high school education. The Healthy Waters Institute will assist seniors in seeking out evidence to support a hypothesis about local watershed health. 1,000 Drops "Where does the water that falls on our school go and what happens to it along the way?" is a question elementary students attempt to answer through the 1,000 Drops project. Students learn about the hydrologic cycle, water quality, and more as they trace the path of "their drop" from roof to ocean. Hometown Waters Helping middle and high school students understand the profile of their local watershed where does water originate, what factors affect the health of the water, and what can be done to ensure its long term health is the purpose of Hometown Waters. Page 3 HABITAT RESTORATION The Lake Creek restoration project includes 725 feet of stream channel restoration at Lake Creek Lodge in Camp Sherman. This reach is dominated by concrete and rock retaining walls and a large pond created in the 1930s. In 2004, the Upper Deschutes Watershed Council entered into a partnership with Lake Creek Lodge and the Deschutes National Forest to restore fish and wildlife habitat by replacing the retaining walls and pond with native riparian vegetation. Lake Creek supports native redband trout and very limited numbers of bull trout. In addition, Lake Creek is one of the most important tributaries in the Metolius watershed for the reintroduction of chinook and sockeye salmon that is scheduled to begin in 2008. The restoration project will remove rip-rap and concrete while replacing the existing pond (left) with a naturally flowing stream channel (above). Non-native turf grass along the edge of the creek will be replaced with more than 4,600 native trees, shrubs and wetland plugs. Before the Pelton-Round Butte dams blocked fish passage, both chinook and sockeye salmon migrated up the Deschutes River into the Metolius River. Many of these chinook spawned in Lake Creek and in the Metolius River near Lake Creek. The sockeye migrated up Lake Creek to Suttle Lake, where they spawned in the lake and in Link Creek, a small tributary. Because Lake Creek travels only about six miles from Suttle Lake to the Metolius River, each reach is critically important for sustaining local fisheries. The restoration here will benefit resident and anadromous fish for years to come. Trout Creek Wetland, a 28-acre fen located near the Three Sisters Wilderness, supports an unique assemblage of rare plants and mosses and a small population of native redband trout in the nearby creek. The Trout Creek Wetland Restoration Project, completed in 2005, focused on improving hydrologic conditions in the wetland by plugging 1930s-era ditches that were draining the wetland. The plugs were constructed from natural materials (pine slash, sedge mats, fiber matting and soil) to slow the draining of the wetland and raise the elevation of the water table. The project was implemented in partnership with the Deschutes National Forest, with major funding from the Oregon Watershed Enhancement Board and National Forest Foundation. Page 4 Small, lightweight equipment was used to work in the wetland to avoid impacts to the sensitive vegetation. The project focused on plugging more than 3/4 mile of man made ditches that were draining the wetland. The 30 plugs were constructed with natural materials to mimic the appearance and function of beaver dams. HABITAT RESTORATION The 1979 Bridge Creek Fire, combined with sal- vage logging, left three miles of Tumalo Creek without instream woody material or riparian vege- tation to provide habitat and prevent stream channel erosion. Over the last 20 years, the stream system has continued to unravel, with widespread erosion of the stream channel leading to loss of wetlands and fish and wildlife habitat. Since 2004, the Watershed Council and the Deschutes National Forest have been leading a three-year, $900,000 effort to restore stream stability and increase fish habitat in the 2.8 mile reach most affected by the fire and salvage logging. The project, implemented in three phases spanning from 2004 to 2007, is designed to address the long- standing issues of system instability and restore im- portant fish habitat in Tumalo Creek. Through the course of the project, more than 50,000 native plants will be installed and over 3,000 whole trees will be added instream to provide much needed instream habitat and channel stability. Phase III of the Tumalo Creek project will continue in 2006 with the restoration of the final 1.1 mile reach. Funding and support is being provided by the National Forest Foundation, Oregon Watershed Enhancement Board, City of Bend, and the Deschutes Mitigation and Enhancement Fund. Summit High School is providing all project survey and monitoring as part of a science course led by Mark McGarigal. Created logjam structures (left) help increase bank stability, provide cover for fish and retain deep pools. The log structures are assembled from whole trees keyed into the creek banks to provide tong-term bank stability (right). Over time, the 50,000 riparian plants installed as part of the project will provide additional rooting strength to reduce erosion, increase habitat and provide shade cover. Additional habitat restoration projects include: 0 Whychus Creek Restoration at Camp Polk (Sisters) 0 Miller Property Bank Stablization (Deschutes River, Bend) 0 Deschutes River Trail Riparian Restoration (Deschutes River, Bend) 0 Deschutes River Clean Up (Deschutes River, Bend) 0 Captain Jack Creek Riparian Restoration (Black Butte Ranch) 0 Odell / Maklaks Creek Fish Passage Improvements (Klamath County) 0 Riverbend Community Park Riparian Restoration (Deschutes River, Bend) 0 Sunriver Riparian and Fish Habitat Enhancement (Deschutes River, Sunriver) Page 5 Throughout the 2.8-mile project area, restoration focused on improving fish habitat by increasing sinuosity, adding large woody material and planting native riparian vegetation. WATER QUALITY MONITORING To date, 200 stations in the Deschutes River, Tumalo Creek, Whychus Creek (formerly Squaw Creek), Metolius River, and Little Deschutes River watersheds have been included in the monitoring program. In 2005, the UDWC collected data from 89 monitoring stations, brought outreach and education to local communities, and provided technical assistance to numerous stream restoration projects. y i,4 l aJ C y+Z 5 k+,Yb. The Watershed Council and partners monitored 89 temperature stations in 2005: 0 United States Forest Service (49 stations) 0 Upper Deschutes Watershed Council (22 stations) 0 City of Bend (12 stations) 0 Bureau of Land Management (3 stations) 0 Crooked River National Grasslands (2 stations) 0 Portland General Electric (1 station) Eleven of the stations were also monitored for: 0 Dissolved oxygen & percent saturation 0 pH 0 Specific conductance and total dissolved solids 0 Turbidity 0 Nutrients 0 Chlorophyll-a 0 Escherichia coli Ten stations on Whychus Creek were additionally monitored for macroinvertebrates with the Xerces Society. Nine volunteers provided 1 10 hours of monitoring in four watersheds. Since 2001, the Watershed Council's Water Quality Monitoring Program has been collecting, analyzing and distributing information about the status and health of the rivers in the upper Deschutes watershed. Our monitoring 01, identifies priority areas for restoration, evaluates restoration success and identifies emerging conservation issues. Regional Temperature Monitoring Temperature changes have been tracked since 2001 to evaluate whether local rivers meet state criteria and how streamflow restoration efforts are reducing in-stream temperatures. City of Bend Wafer Quality Monitoring The City of Bend and the Watershed Council have partnered since 2003 to evaluate the water quality of the Deschutes River and Tumalo Creek within the Urban Growth Boundary. The monitoring, designed to identify baseline conditions, will continue to 2009. Oregon State University Undergraduate Internship Starting 2005, the Watershed Council and OSU partnered to provide OSU students an 11-month internship in watershed research and science. Rachel Francois joined the Watershed Council as the first OSU intern. Volunteer Monitoring In 2005, nine volunteers participated in Regional Temperature Monitoring along the Deschutes River and Whychus, Tumalo, and Paulina creeks. Regional Database Since 2001, the UDWC has provided water quality data management for the region. This database is shared with partners and utilized to evaluate watershed health. Page 6 Working with the Xerces Society, the Watershed Council organized macroinvertebrate monitoring for 10 stations along Whychus Creek. COMMUNITY PARTNERSHIPS Since the Deschutes Basin Land Trust D);SCHUTES BASIN LANllTRUST acquired the 145-acre Camp Polk Meadow Preserve in 2001, the Land Trust has sought to restore more than 1.5 miles of Whychus Creek (formerly Squaw Creek) that was channelized in the 1960s. In 2005, the Watershed Council and the Land Trust joined with the Deschutes National Forest to develop a comprehensive stream restoration plan. The restoration effort will improve habitat for resident and anadromous fish, including steelhead trout that are expected to be reintroduced in 2008. t"i'n `.f "~G ~ .z r ~M T j4 Oregon Trout In February 2005, the upper Deschutes River was chosen to be one of four pilot watersheds for Oregon Trout's Healthy Waters Institute. The Healthy Waters Institute is a statewide, research and teaching institute dedicated to improving education by working with local communities to connect students to their home waters. The Upper Deschutes Watershed Council joins Bear Creek (Medford), Marys River (Corvallis), and Johnson Creek (Portland) in the three-year pilot program to develop and implement the educational goals and objectives of the Healthy Waters Institute. Through the mutually beneficial partnership, the Watershed Council and Oregon Trout have been developing educational program materials, visiting classrooms, leading field trips, and coordinating hands-on service learning projects for local K-12 students. DESCI-MITES RIVER. CONSERVANCY % t 1 2005 was marked by the development of a formal partnership agreement between the Watershed Council and the Deschutes River Conservancy. Although the two organizations have worked together for the past eight years, the partnership establishes the following: 0 Collaborative fundraising and marketing 0 Shared staffing 0 Enhanced Board of Directors communication 0 Combined administrative management The partnership integrates the Deschutes River Conservancy's expertise in streamflow restoration with the Watershed Council's efforts in habitat restoration, education and monitoring. Because all of these elements are critical for long-term watershed restoration success, this integration Restorab'tat Are' Pie liOn Area N.t Di improves efficiency, expands project opportunities and helps both organizations better achieve their mission. Page 7 With funding from the Deschutes River Conservancy and other partners, the project team has embarked upon a 12-month effort to develop the restoration plan. The restoration design will be completed by Fall 2006. FUNDING AND SUPPORT k'4 } ~;}r~ ~ I e S,t TG.x. Ph 1g y ~Y ,F, A~ f N 3• ~r NY '4 ! ~ '1b .ys nro}~~ i 9•VF q4_ n r-7t..,,.yY. h'y.'~.+ d.. ~~.~M%r'~,.F ,s.[~.,. r~»•ap~?c,. - c-r ~,,st' JL,xi<:~, .~'r. :;~s:>„~;S In fiscal year 2005, the UDWC secured more than $900,000 in funding from local, state and Funding Commitments Secured in FY 2005 federal sources, representing a 12% increase over 2004 (see graphic). These funds support Private Donations Events the on-the-ground restoration, educational $12,700 (1%) $16,533 (2%) programs, community events and the water quality monitoring efforts of the UDWC. Contracts Although grants make up the largest portion of $157,150 (17%) the UDWC's funding portfolio, the diversity of funding sources has grown over the past several years. As part of the UDWC's ongoing effort to build sustainable funding, the UDWC continues to seek diversity in its funding portfolio. FY 2005 Income and Expenses Income Grants Grants $533,623 $731,720 (80°%°) Contract Service Income $54,328 Events $16,533 Donations $12,700 Total Income $617,184 Sources of Grant Funding Secured in FY 2005 Expenses Funding Source Amount Contract Services $218,833 Oregon Watershed Enhancement Board $335,800 Personnel $131,532 Oregon Trout $150,000 Supplies and Maintenance $29,576 National Forest Foundation $130,790 Occupancy $13,153 Oregon Department of Environmental Quality $79,880 Printing $7,360 Deschutes County $20,000 Travel $3,648 Oregon Department of Fish and Wildlife $15,000 Misc. $819 Other $250 Postage $3,237 Total $731,720 Depreciation $1,715 Professional Expenses $3,438 Note: A portion of the 2005 funding commitments are for project Staff Training $380 expenses in 2006 and 2007. Total Expenses $413,691 The new partnership between the Watershed Council and Note: A significant portion of the FY 2005 income is the Deschutes River Conservancy has led to collaborative restricted for expenses to be incurred in 2006. fundraising efforts. In 2006 and beyond, this joint effort is Audited financial statements are available expected to help diversity the Watershed Council's funding upon request. portfolio. hy{._' .M r - aa Page 8 Board of County Commissioners Measure 37 Hearing Process The Board of County Commissioners is now ready to open the hearing on a Claim brought against the County pursuant to Ballot Measure 37. The hearing before the Board is quasi-judicial, but not a land use decision. This proceeding is the only hearing provided by the County under the County code provisions which implement Ballot Measure 37. The Board's decision will be based upon the material submitted to county staff and furnished to the Board. The County code provides that the claimant and those persons who have previously submitted written material to the County on this matter will be given an opportunity to offer testimony bearing on the claim. This hearing is not open for comments from members of the general public. The decision by the County on this matter will be memorialized in a Final Order. The Final Order will be mailed to all those participating in this proceeding. The Final Order will also be recorded in the Clerk's Office. The criteria for this decision involving a claim under Ballot Measure 37 is contained within Chapter 14.10 of the Code. The applicable criteria are as follows: 1. The Claimant is the owner of the subject property; and 2. The Claimant or a family member has owned the subject property continuously since before adoption or the effective date of a county land use regulation; 3. The County's land use regulation is not exempt from challenge under Ballot Measure 37; and 4. The County's land use regulation has caused a reduction in the value of Claimant's property. If the Board determines that the criteria for compensation payment pursuant to Ballot Measure 37 has been established, and the claim is eligible, it may by written order decide that the county's land use regulation be modified, not applied to the claimant's property, or it may elect to pay compensation based upon the reduction in value attributed to the subject regulation. Pagel of 2 The County's decision will not result in the issuance of a building permit, but will only allow the Claimant to apply for a permit without first complying with the challenged land use regulation. A Claimant must also comply with County regulations which were not challenged under Measure 37. Furthermore, the County's decision is not intended as having any effect on land use or other regulations adopted by other government entities, such as the State of Oregon or LCDC. Testimony, arguments and evidence must be directed toward the criteria described above, or other criteria, which the person believes to apply to the decision. Failure to raise an issue accompanied by statements or evidence sufficient to afford the Board and the parties an opportunity to respond to the issue, may preclude judicial review based on that issue. The order of presentation is as follows: 1. The County Administrator's report and recommendation. 2. Claimant's presentation. 3. Witnesses who oppose the Claimant's position. 4. Rebuttal by the Claimant. 5. If new information is presented by the Claimant, then rebuttal by the witness in opposition. Any person that is interested in this matter may challenge the qualification of any Commissioner to participate in the hearing and decision. Such challenge must state facts relied upon by the party to a Commissioner's bias, prejudgment, personal interest, or other facts from which the party has concluded that the Commissioner should not participate as they are not impartial. Such challenge must be made prior to the commencement of the public hearing, and will be incorporated into the record of this hearing. Does anyone wish to challenge any commissioner's ability to hear this matter? If so, p ease say so now. Hearing no challenges, I will proceed. Pagel of 2 I ~o THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSE ONLY T.13S. R.11E. W.M. JEFFERSON COUNTY 1-2000• SEE MAP 12 11 13 11 & INDEX CANCELLED - 5800 30, 005 400b 2,02 3103 2,04 2106 2106 210) 4001 4W3 4004 4006 WO) . 40,1 6101 4102 4200 -os= {~~oProx; ~►ca e Yct.4tu 5 b p A4q~-y, PrroPes / - _311.1 rea & INDEX loz I la V 0 O ~nV Ln~ L~ Sr .1 15 11 14 11 E S Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, APRIL 12, 2006 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board regarding issues that are not already on the agenda. Visitors who wish to speak should sign up prior to the beginning of the meeting on the sign-up sheet provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. A PRESENTATION of the Upper Deschutes Watershed Council's Annual Report for 2005 - Ryan Houston 3. A HEARING on Order No. 2006-040, a Measure 37 Claim (Claimant: Hanson; continued from February 8) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel 4. A HEARING on Order No. 2006-005, a Measure 37 Claim (Claimant: Gill) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel 5. A HEARING on Order No. 2006-006, a Measure 37 Claim (Claimant: Gill) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel 6. A HEARING on Order No. 2006-007, a Measure 37 Claim (Claimant: Miller) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel 7. A HEARING on Order No. 2006-009, a Measure 37 Claim (Claimant: Fullerton) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 1 of 7 Pages 8. A HEARING on Order No. 2006-010, a Measure 37 Claim (Claimant: Low) - Tom Anderson, Community Development and Mark Pilliod, Legal Counsel 9. CONSIDERATION of Signature of Letters Appointing Susan Quatre and Kelly Smith to the Deschutes County Planning Commission 10. CONSIDERATION of Signature of a Letter Appointing Cherrie Schwartz to the Deschutes County Historical Landmarks Commission 11. CONSIDERATION of Signature of a Letter Appointing Jason Bryers to the Board of Deschutes River Recreation Homesites Special Road District No. 6, through December 31, 2008 12. CONSIDERATION of Signature of Order No. 2006-065, the Monthly Cash Transfer Order - Marty Wynne, Finance Department 13. CONSIDERATION of Signature of Resolution No. 2006-027, Transferring Appropriations within the Community Development Fund - Marty Wynne, Finance Department 14. CONSIDERATION of Signature of Resolution No. 2006-028, Transferring Appropriations within the Deschutes County Sheriff's Office Fund - Marty Wynne, Finance Department 15. A PUBLIC HEARING on a Supplemental Budget for Deschutes County Budget for Fiscal Year 2006-07 - Marty Wynne, Finance Department 16. CONSIDERATION of Signature of Resolution No. 2006-025, Adopting a Supplemental Budget for Fiscal Year 2006-07 - Marty Wynne, Finance Department 17. ADDITIONS TO THE AGENDA Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 2 of 7 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. 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. If you have questions regarding a meeting, please call 388-6572.) Tuesday, April 11, 2006 7:00 a.m. Meeting of Home Rule Charter Committee 9:00 a.m. Meeting with School Superintendents and County Representatives regarding County Services in the Schools 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Director of Information Technology Wednesday, April 12, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Thursday, April 13, 2006 7:00 a.m. Executive Session with the City of Redmond Council called under ORS 192.660(1)(e), regarding Real Estate Negotiations, at Redmond City Council Chambers 10:00 a.m. Regularly Scheduled Meeting with the Director of Community Development 12:00 noon Regular Meeting of the Audit Committee 3:00 p.m. Regularly Scheduled Meeting of the Fair Board, at the Fair & Expo Office Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 3 of 7 Pages Monday, April 17, 2006 12:00 noon Regularly Scheduled Update Meeting with Department Heads 1:00 P.M. Justice Court Update 1:30 p.m. Administrative Liaison Tuesday, April 18, 2006 7:00 a.m. Meeting of Home Rule Charter Committee 11:00 a.m. Regularly Scheduled Meeting of Employee Benefits Advisory Committee 3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center 4:15 p.m. Ribbon Cutting Ceremony at RSVP (Retired Seniors Volunteer Program) - 202 NW Greenwood Avenue Friday, April 21, 2006 8:00 - 5:00 Interviews - County Administrator Position Applicants (tentative date/time) Saturday, April 22, 2006 8:00 - 5:00 Interviews - County Administrator Position Applicants (tentative date/time) Monday, April 24, 2006 9:00 a.m. Regularly Scheduled Meeting with the District Attorney 10:00 a.m. Board Meeting for the Week 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Tuesday, April 25, 2006 7:00 a.m. Meeting of Home Rule Charter Committee Wednesday, April 26, 2006 9:00 a.m. Regular Meeting with the Director of Tax & Finance 12:00 noon Oregon Transportation Committee Conference Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 4 of 7 Pages Thursday, April 27, 2006 7:00 a.m. County Forecast Breakfast, at Bend Golf & Country Club Monday, May 1, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Regular Meeting Tuesday 2, 2006 7:00 a.m. Meeting of Home Rule Charter Committee Wednesday, May 3, 2006 10:00 a.m. Board of Commissioners' Meeting Monday, May 8, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Regularly Scheduled Meeting with the Director of Community Development Tuesday, May 9, 2006 7:00 a.m. Meeting of Home Rule Charter Committee Wednesday, May 10, 2006 10:00 a.m. Board of Commissioners' Meeting 10:00 a.m. Regularly Scheduled Meeting with the Director of Community Development 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 5 of 7 Pages Thursday, May 11, 2006 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall 3:00 p.m. Regularly Scheduled Meeting of the Fair Board, at the Fair & Expo Office Monday, May 15, 2006 1:30 p.m. Administrative Liaison Monday, May 15 through Friday, May 19 1:00 - 5:00 Budget Meetings Tuesday, May 16, 2006 7:00 a.m. Meeting of Home Rule Charter Committee 8:00 a.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center Monday, May 22, 2006 10:00 a.m. Board of Commissioners' Meeting for the Week 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families Tuesday, May 23, 2006 7:00 a.m. Meeting of Home Rule Charter Committee 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice 3:45 p.m. Regularly Scheduled Meeting with the Sheriff Wednesday, May 24 - Friday, May 26, 2006 Association of Oregon Counties Regional Conference - Ka-Nee-Tah Monday, May 29, 2006 Most County offices will be closed to observe Memorial Day. Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 6 of 7 Pages Tuesday, May 30, 2006 7:00 a.m. Meeting of Home Rule Charter Committee 1:30 p.m. Administrative Liaison Wednesday, May 31, 2006 10:00 a.m. Board of Commissioners' Meeting for the Week Monday, June 5, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Tuesday, June 6, 2006 7:00 a.m. Meeting of Home Rule Charter Committee Wednesday, June 7, 2006 10:00 a.m. Board of Commissioners' Meeting Thursday, June 8, 2006 12:00 noon Regular Meeting of the Audit Committee Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Meeting Agenda Wednesday, April 12, 2006 Page 7 of 7 Pages oJ~' Deschutes County Board of Commissioners { 1300 NW Wall St., Suite 200., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADDITIONS TO THE AGENDA BOARD OF COMMISSIONERS' MEETING WEDNESDAY, APRIL 12, 2006 A. CONSIDERATION of Signature of Document No. 2006-121, an Intergovernmental Agreement with the City of Bend regarding the 2006 Byrne Justice Assistance Grant - Jim Ross, Sheriff's Office B. CONSIDERATION of Signature of Order No. 2006-066, Approving and Confirming the Sale of Certain Real Property (Sold at Public Auction) - Susan Ross, Commissioners' Office C. CONSIDERATION of Signature of Order No. 2006-064, Authorizing the Sale of Real Property - Susan Ross, Commissioners' Office D. CONSIDERATION of Signature of Document No. 2006-123, a Lease Agreement for Storage Space at 51680 Coach Road, La Pine, to La Pine Frontier Days -Susan Ross, Commissioners' Office E. CONSIDERATION of Signature of Document No. 2006-122, a Lease for Office Space in the South County Services Building, La Pine, to La Pine Community Action Team - Susan Ross, Commissioners' Office CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT D. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $17,882.32. Additions - Board of Commissioners' Meeting Agenda Wednesday, April 5, 2006 Page 1 of 2 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT E. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $10.24. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS F. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $459,642.46. Additions - Board of Commissioners' Meeting Agenda Wednesday, April 5, 2006 Page 2 of 2 Pages