2006-990-Minutes for Meeting September 20,2006 Recorded 11/1/2006COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS V 2006-990
COMMISSIONERS' JOURNAL
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.om
MINUTES OF ADMINISTRATIVE WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 20, 2006
Commissioners' Conference Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Bev Clarno and Michael M. Daly.
Also present were County Administrator Dave Kanner; and, for part of the
meeting, Susan Ross and Judith Ure, Commissioners' Office; Tom Anderson,
Catherine Morrow, Barbara Rich, and Dan Haldeman, Community Development;
Scott Johnson, Mental Health Department; Chris Bell and Mark Amberg, Legal
Counsel; Renee Warner, Building Services; and Charles Hemingway with
Deschutes Family Recovery, Inc. Also present was media representative Keith
Chu of The Bulletin. No other citizens were present.
The meeting began at 1: 30 p.m.
1. Economic Development Grant Requests.
■ Deschutes Family Recovery, Inc. - Partnering for Families - $3,000.00 off
the top.
■ High Desert 4-H Challenge Course - Life & Leadership Skills -
Commissioner Luke, $4,000.00; Commissioners Clarno and Daly, $1,000.00
each
■ Central Cascade Lines, Inc. - South Deschutes County/Northern Klamath
Employment - Commissioner Clarno, $500.00; Commissioner Daly,
$1,000.00; Commissioner Luke will give money once start up funds are
raised.
■ Bend Community Radio - Equipment Upgrade - Commissioner Clarno,
$500.00
Minutes of Administrative Work Session Wednesday, September 20, 2006
Page 1 of 6 Pages
2. Discussion of Mental Health Court/State Funding.
Scott Johnson gave the group a brief summary of Mental Health Court. He
stated that due to being short on staff, they are closing new admissions into the
court services for 30 days. After 30 days it will be re-evaluated. There has
been no funding for the program for 3 years and the Crisis Team has been
handling the program. He wanted to discuss going out to the E-Board for
funding with the Commissioners. Once staffed/funded the program would get
going in full.
The group discussed various funding options such as E-Board and possibly
going through Bill Linden to have him look for Department of Justice money.
Commissioner Luke stated the E-Board distributes money that is already
funded. Mr. Johnson said 4 counties in Oregon have drug court and the
Legislature will have discussions on it this next session. The group felt that it
would be appropriate for Mr. Johnson to go through Mr. Linden.
Mr. Johnson mentioned he was more worried about the Bridge Program as
funds for that program will end in December. Federal funds to the program
ended in September. Commissioner Luke said the Bridge Program is Federally
funded. If the Federal funds are gone, we do not go further with County funds.
3. Update on South County Septic System Project.
Tom Anderson gave the group an update on where they are with the new septic
system rules. Not all septic systems will be affected, only the new sites.
Installers are booked through the new season and local rules in place by then
would not affect anyone today.
Commissioner Daly said that he received a complaint about the mailing. Mr.
Anderson stated that they did not send out the half sheet mailing that some
residents have received. They did post the new guidelines at CDD offices and
with septic companies/installers.
Mr. Anderson stated the new guidelines do affect real estate sales and
marketing. They met with a group of about 50 people in South County. They
had a lot of questions but by the end of the meeting everyone understood. Mr.
Anderson said after Commissioner Daly received his call he wrote a separate
letter to all South County realtors to call him with any questions. As of today,
Minutes of Administrative Work Session Wednesday, September 20, 2006
Page 2 of 6 Pages
he has not heard from anyone. He has also been meeting with the Realtors
Association.
Commissioner Luke asked what the process for the new rule is. Mr. Anderson
passed out a copy of the new rules to the group (see attached marked as Exhibit
A.)
Barbara Rich went over the handout. She said that they did find out that
conventional systems do pollute the ground water. Commissioner Luke asked
if a little pollution was ok. Ms. Rich said yes, it was, and that some areas are
more capable of dealing with pollution than other areas. Some of this is
because of density, location of the aquifer, and the river. Commissioner Luke
asked what the cost difference was. Ms. Rich said no pollution was $12,000 -
14,000 dollars per system and some pollution was $8,000 -10,000 dollars per
system. Catherine Morrow said all new houses would have the highest level,
only existing houses would have the lower level.
Ms. Rich said she has feed back from the Technical Advisory Committee and
they have had a series of public meetings, both formal and informal. The Web
page is up and running, notifications have gone to the Newberry Eagle, and
flyers will be mailed out with this years tax bills.
Mr. Anderson said the new rules do not affect the City as they are sewered.
Ms. Rich said they need to complete the local rules and hopefully meet with the
Planning Commission in November. They hope to have a work session with
the Board in December and adopt the new rules in January. They also have to
work with DEQ.
Mr. Anderson said the City does not require them to hook up to the sewer.
CDD requires it within 300 feet and as the systems within that footage fail, no
repair permits are given.
4. Update on Home Occupation Ordinance.
Mr. Anderson said they have a work plan to work on Home Occupation this
year. Commissioner Luke said the last appeal was withdrawn. Mr. Anderson
said that they gave up and sold their business (Capasso.)
Minutes of Administrative Work Session Wednesday, September 20, 2006
Page 3 of 6 Pages
Commissioner Luke said that issues raised could be used for the ordinance. Ms.
Morrow said that is on the work plan. Christy Maciel is assigned to that and
they will do a notice in the upcoming tax statements.
Mark Amberg, Chris Bell and Renee Warner joined the meeting.
5. Other Items.
Commissioner Luke said he received a Planning Commission memo on
recycling. Ms. Morrow said at CDD they separate bottles and cans and thought
that the custodian put them out for curb recycling. They later found out that
they were not being recycled and that some of the Departments do their own
recycling.
Mr. Anderson said maybe need to do something Countywide. Renee Warner
said it is each Departments responsibility to set up their own system as the crew
does not go through the garbage. She said if the Department sets up curbside
cans, her staff will take out the recyclables to the can. Dave Kanner said maybe
something can be worked out.
Ms. Morrow said they would like to have a discussion on 19th Street. She asked
if they could meet on it next Wednesday afternoon. Mr. Kanner said yes.
At 2:30 p.m. most of the attendees left the meeting and the Board went into
executive session. After executive session, the Board took action on two items
under ORS 192.660 (1) (h), pending or threatened litigation.
CLARNO: Move that staff be authorized to file a lawsuit against Amber Pack
in order to enforce a code violation.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
minuies of Administrative Work Session Wednesday, September 20, 2006
Page 4 of 6 Pages
CLARNO: Move approval for petition to foreclose against Tonya Nail
property.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Aye.
LUKE: Chair votes yes.
Mr. Anderson mentioned an item of interest to the Board. He said that the State
approved the Johnson land use action, the first rural subdivision under Measure 37.
This is a Crook County decision and once built upon and vested, the lots can be
sold.
Mr. Kanner said that he had some several items to discuss:
1. Law Library Advisory Committee - drafted a new policy as to who keys will
be issued to at the new location. The policy will go to the Board on Monday
and there will also be an increase in the fee. Commissioner Luke said
needed a better system to track who/when using keys.
2. Rather than Admin emails to the Board, he would like to set up regular
weekly meetings with each Commissioner on Monday mornings, if there are
no Land Use Meetings that morning. The meetings would begin October 91"
3. Existing Policy regarding recording of documents. Anything the Board
signs is permanently recorded in the Commissioners Journal. There are a lot
of contracts and the Clerks Office is getting behind. A possibility is to have
a Board Order for everything. The Order would be recorded but not the
contract. The contract would be kept and archived. Commissioner Luke
asked if this would be retro. Mr. Kanner said he would find out.
4. Need to cancel the October 2nd Work Session or let someone else run it.
Commissioner Clarno said to cancel it.
Minutes of Administrative Work Session Wednesday, September 20, 2006
Page 5 of 6 Pages
Being no further discussion, the meeting adjourned at 3: 00 p.m.
DATED this 20th Day of September 2006 for the Deschutes County
Board of Commissioners.
Luke,
ATTEST:
AR e c o r d i nnnSecretary
Bev Cldmo, Vice Chair
Mic ael M. Daly Commissioner
Attachment:
Exhibit A: Local Rule for South Deschutes County (Septic Systems)
Minutes of Administrative Work Session Wednesday, September 20, 2006
Page 6 of 6 Pages
Local Rule for South Deschutes County Update - September 2006
We now know:
■ Conventional onsite systems are contaminating the groundwater (OAR 340-071-
0130(1)) to the extent that drinking water quality will decline if no action taken
■ Innovative onsite systems can protect the groundwater and maintain the natural
hydrologic cycle
■ Sewers (learning from OWWII) can take a long time to expand or create and onsite
systems can be installed now.
■ Consultant report estimated that sewers would cost about $20,000 (1999
■ Onsite system costs range from about $5,000 to $20,000
What we have accomplished:
• We have modeled the region to show that we don't have to do the maximum treatment in
all areas
■ We have established the first part of a financial incentive program to help homeowners
upgrade their systems
■ We have begun our public outreach about the need for a local rule
o Technical Advisory Committee
o Public meetings (informal and formal)
o Updates monthly in the Newberry Eagle
o Web page
o Brochures
o Posters
o More coming
■ Additional public participation activities planned:
o Formal public meetings & hearing(s)
o Presentations and meetings with local organizations including realtors, installers,
homeowner associations, etc.
o Direct mailing to property owners by end of October (tax bill insert)
o Continue monthly updates in Newberry Eagle
Estimated Local Rule adoption timeline:
■ Continued meetings with local organizations through October
• Facilitated rule development process with Oregon DEQ through fall
■ Informational meeting with Planning Commission in November (in La Pine)
■ Work session with Board of County Commissioners in December
■ Public hearing on rule adoption January 2007
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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
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, SEPTEMBER 20, 2006
Economic Development Grant Requests - Susan Ross
• High Desert 4-H Challenge Course - Life & Leadership Skills
• Deschutes Family Recovery, Inc. - Partnering for Families
• Central Cascade Lines, Inc. - South Deschutes County/Northern Klamath
County Shuttle Service to Improve Citizen Access to Services &
Employment
Bend Community Radio - Equipment Upgrade
2. Discussion of Mental Health Court/State Funding - Scott Johnson
3. Update on South County Septic System Project - Tom Anderson
4. Update on Home Occupation Ordinance - Tom Anderson
5. Other Items
Executive Session, called under ORS 192.660(1)(h), pending or threatened
litigation (noticed for 1:30 p.m.)
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