2008-847-Minutes for Meeting June 11,2008 Recorded 9/17/2008DESCHUTES COUNTY OFFICIAL RECORDS
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COMMISSIONERS' JOURNAL 0911712008 11:54:47 AM
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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.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 119 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M.
Daly. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Tom Blust, George Kolb and Anna Cambra, Road
Department; Timm Schimke, Solid Waste Department; Laurie Craghead, Legal
Counsel; Sue Brewster, Sheriff's Office; Teresa Rozic, Property & Facilities;
Becky McDonald, 911 County Service District; David Inbody, Assistant to the
Administrator; media representative Hillary Borrud of The Bulletin; and
approximately forty other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Chair Luke introduced seven cadets from the Oregon Youth Challenge
program, along with their instructor. He explained the program takes 17
months overall, and of the 156 youth who started, 125 will graduate next week.
There is no requirement to attend; it is optional and voluntary. He said that
many of the cadets get their GED certificate while in the program, or graduate
from their high school. It is sponsored by the Oregon National Guard but there
is no requirement to go on to military service. Cadets come from all over the
state.
One of the cadets stated that she would like to see the program get more
attention, as it has been life changing for all of them. She hopes to become a
registered nurse eventually.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 1 of 17 Pages
Annis Henson, a Bend resident since 1973, said she hasn't been to a meeting
before, but does attend Bend City Council meetings regarding public transit
issues. She encouraged support of the Bend Area Transit District.
No other testimony was given.
2. Before the Board was Recognition of "Adopt a Road" 15-Year Volunteers.
George Kolb and Anna Cambra came before the Board and asked that
volunteers who adopted roads fifteen years ago be recognized for their efforts.
These volunteers agree to pick up trash along a two-mile stretch of road at least
twice a year.
The first volunteers recognized were Gretchen Byrd and Sue Keeney (who were
unable to attend); also Ken and Marian Shrader; Bill Swanson of Fall River
Estates; Bill Heisler and the Crooked River Ranch Lions Club; Arlie and Lynne
Holm; Jill Ergenbright, Linda Intlekofer and Marilyn Brooks; and Vernon
Smith and Judith Bull.
3. Before the Board was a Presentation regarding New Recycling Programs.
Brad Bailey of Bend Garbage and Recycling explained that they are always
trying to promote and enhance recycling efforts, and recognize customers that
recycle more.
Habitat for Humanity Restore recycles or reuses 25 tons of material a month.
They used revenue from this to build two houses. In Redmond, Polar Bean
Coffee Cottage makes a lot of effort to prepare material for collection. Under
residential, Robert and Pat Folton of Bend, and Margaret Wallace of Redmond
should be recognized.
Since September of last year, when they changed from bins to roll carts within
the cities, there has been overall 20% (or 1,100 tons) recycled, not including the
volume from growth, just diversion. In Redmond there has been a 27%
increase in diversion, the single largest increase ever. The #1 goal is to make
collection safer for the drivers. The curbside yard debris program had
generated about 300 tons of material; this is on a subscription basis at this point.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 2 of 17 Pages
The U.S. Postal Service is diverting five tons a month from there. Deschutes
County has a number of facilities that were upgraded in County offices. Rocky
Mountain Bar-B-Q diverts about a ton of glass a week.
All of this fits in with the 2030 plan for waste handling.
Mr. Bailey added that for over thirteen years his company has been honoring
seniors in local high schools with scholarships.
4. Before the Board was Consideration of Chair Signature of Document No.
2008-302, a Notice of Intent to Award Contract for the Knott Landfill Area
A Closure and End Use Plan Engineering and Design Services.
Timm Schimke said that recycling adds to the life of the landfill, which avoids
having to ship waste to another location for a period of time. About 33% of all
of the waste generated goes elsewhere. He hopes to reach a recycling goal of
50% by 2009.
Area A, about 50 acres in size, has about reached its final contours. They have
to do a formal closure of the area. A variety of end uses will be identified,
including possibly walking trails or a park. They will get citizen input on what
is desired.
He said that the contract bids were clear and the amount is approximately what
was expected. He then explained how the bidding process took place.
DALY: Move approval of the intent to award letter.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
5. Before the Board was Consideration of Signature of Document No. 2008-
292, an Intergovernmental Agreement with the State of Oregon, Oregon
Youth Authority relating to Youth Violence and Gang Services.
Ken Hales explained that this grant is for a needs assessment regarding gang
activities, in the amount of $54,000.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 3 of 17 Pages
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
6. Before the Board was Consideration of Signature of Document No. 2008-
290, an Intergovernmental Agreement with the Oregon Department of
Human Services for the Financing of Local Public Health Services for
Fiscal Year 2008-09.
Dan Peddycord gave a brief overview of the item.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
7. Before the Board was Consideration of Signature of Document No. 2008-256,
an Intergovernmental Agreement with the Four Rivers Vector Control
District for the Surveillance and Testing of West Nile Virus in Mosquito
Populations, in Areas Outside the Four Rivers Vector Control District.
Dan Peddycord explained that since the West Nile virus started moving west,
the County elected to do some enhanced testing of mosquitoes and dead birds.
They can do on the spot tests, and if it is found, the sample would be sent to the
State to confirm. It is suspect mostly northern parts of the County; and Four
Rivers Vector Control handles most of the south County. Most mosquitoes
found in the high country are not likely to carry the virus. If there are
occurrences of virus, there are some funds in the contract to do mosquito
control.
Commissioner Daly asked about a company that wants to do aerial spraying.
Mr. Peddycord stated that due diligence is being followed and there may be
others that can do the same thing. This company has worked a lot in areas and
states where this is a huge problem, but this area has had very few cases.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 4 of 17 Pages
He suggested that anyone who owns a horse should get it vaccinated; the
vaccine is very effective. The virus can be deadly if the horse is not vaccinated.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
8. Before the Board was Consideration of Signature of Document No. 2008-
284, a Services Agreement between Pfeifer & Associates, the Sheriff's
Office and the Mental Health Department regarding In-Custody Drug and
Alcohol Treatment and Counseling.
Sue Brewster and Capt. Tim Edwards of the Sheriff's Office said that this is an
important part of the work center treatment programs. This provides for the
first time a continuation of alcohol and drug treatment. It starts in the jail,
covering both men and women, and goes on to the work center. It is a thirteen-
month program.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
9. Before the Board was Consideration of Signature of Document No. 2008-
236, an Intergovernmental Agreement for Law Enforcement Services for
the City of Sisters.
Capt. Edwards stated that this renews the agreement with Sisters, which has
now been in place about ten years, with a 5% increase this time. They are
guaranteed 120 hours of service a week within the City.
Dave Kanner added that there is a clause in the contract that allows for an
increase in the amount if the County's costs increase, and with the cost of fuel
going up, this is a possibility.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 5 of 17 Pages
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
10. Before the Board was Consideration of Signature of Resolution No. 2008-
066, Awarding Community Grants to 24 Nonprofit Organizations.
Dave Kanner explained how the grant program works and how the nonprofit
agencies apply for the funding. Letters went out to about 600 registered
nonprofits, and applicants were evaluated based on services provided and other
criteria. About $300,000 total was divided up and awarded to 24 nonprofits.
Commissioner Baney asked if they all received funding. Mr. Inbody said that
four were pulled for additional review of the Board and one
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
11. Before the Board was Consideration of Signature of Order No. 2008-052,
Declaring Intent to Form the Bend Area Transportation District, and
Setting a Hearing Date of July 21, 2008.
Laurie Craghead stated that the City has forwarded to the Board a resolution of
this formation, which includes the city limits and Deschutes River Woods. The
map that was provided is not adequate for the Department of Revenue, so a
revised legal description is being provided (copy attached).
This action just sets the date for the hearing. The Board decided that an early
evening hearing would be best to allow more people to attend.
MELTON: Move the Order be amended to show a hearing time and date of
Monday, July 21, 2008 at 5:30 p.m.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 6 of 17 Pages
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
12. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2008-019, Establishing County
Procedures under Oregon Rule to Minimize Groundwater Pollution in
South Deschutes County.
Tom Anderson said that additional copies of the ordinance are available. It is
not the proposed local rule; it is an ordinance that has been discussed that
requires new construction in the South County to use a nitrogen reducing
system. It also includes any systems that are required to be expanded or a
system failure.
In July 2006 under Oregon Admin Rule the County, as the agent of the State,
cannot allow a system that in the County's best judgment may pollute. In 2006
under that rule all new construction that didn't already have an approved site
evaluation to use that technology. There were approximately 900 properties
with prior approval at that time, either specific or blanket for a subdivision.
They were exempted at that time in recognition of their past approval.
That is one of the primary effects of this ordinance. If they have not exercised
that prior approval within the two years, this lifts that exemption. They have
been informed that this recognition would end. Over 250 properties installed a
standard system, and there are about 650 left that have not.
The notice of this meeting was sent to those 650 property owners, and to the
DEQ. The DEQ knows it is on the agenda and what it does, but has not
submitted any testimony on this matter.
Commissioner Luke noted that the Board has had several work sessions on this
issue with members of the public there. It does not make sense to let an old
system be installed when there is an alternative. He asked how far out is build-
out. Mr. Anderson replied there are about 4,000 to 5,000 lots still vacant, some
of which are probably not buildable. Build-out is at about 60%.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 7 of 17 Pages
Commissioner Daly asked that if a system was installed a couple of years ago,
people can't understand that this system may not treat nitrates. Mr. Anderson
said this is part of the local rule, but not the ordinance being discussed today. A
newer system would be less costly to upgrade.
Commissioner Melton asked why an ordinance is necessary if there is an OAR
in place. Mr. Anderson said that in 2006 it was done administratively in
conjunction with the DEQ. Over the past year and the amount of discussion
and scrutiny this issue has had, it was decided that this should come to the
Board in this fashion instead of administratively, although the authority to do
this administratively is available.
Rep. Gene Whisnant of District 53 spoke, and said he would attend the
afternoon work session also. He said that there is some confusion about the
meetings. He read a statement at this time (a copy of which is attached).
He added that he hopes the Board does not rush into anything and develops a
comprehensive plan. Commissioner Luke said that there have been several
meetings about this particular issue and they have heard a lot from the public in
this regard.
Dave Kanner said the item this morning is for action, and applies only to new
installations in South County and won't affect existing systems unless one fails.
This afternoon, for discussion only, is a proposal staff made in May to revise
the proposed local rule ordinance with a slightly different timeframe and
addressing hardship issues. No decision on that will be made at this time.
Typically no oral testimony will be taken, but written testimony is welcome.
Bill Gaetano of Sunriver, also of Special Road District No. 1 and a Realtor,
suggested another public hearing. There were hearings in La Pine and the
Board knows how the public feels about this.
Commissioner Luke said that all this does is do what is required. People had
two years to put in the systems.
Mr. Gaetano replied that there should be special consideration, as it seemed at
the time that five years were allowed.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 8 of 17 Pages
Mr. Anderson said that the site evaluation is good forever, but the technical
requirements can change for the permit based on soil characteristics and the
water level. A septic permit has an expiration date of one to two years. So,
barring unusual actions, the evaluation is still good. This just addresses the type
of system that needs to be installed.
Mr. Gaetano asked why only the south County is being targeted. Mr. Anderson
replied that it is entirely due to the unique geologic circumstances in the area,
with its shallow ground water and porous soil. It has been a focus of scientific
study. Most other areas in the County have deep ground water with a lot of
solid rock in between.
Commissioner Luke added that the study was done by the USGS and the DEQ,
not the County.
Mr. Gaetano asked why there has not been an independent study other than the
USGS or DEQ. Mr. Anderson said that this question has come up a lot. The
work was done in most part by the USGS, which is really considered the neutral
third party agency rather than one that advocates for an outcome. Their work
has been peer reviewed by many others. All are included in the published
studies that came out of that work. The DEQ assisted with some of the data
gathering and statistics. This is basically a policy question. The Board could
direct a third party review, but staff feels the USGS is the highest qualified
organization able to do this work.
Mr. Gaetano asked if the local environmental county group has contacted the
water analysis people within the county areas. Whenever property is sold, a
well test is done to determine if there are nitrates or bacteria. He understands
their data shows these levels are very low. Mr. Anderson stated that well tests
are done whenever property changes hands. The samples are made available to
the USGS. They used other kinds of well samples also, from monitoring wells
and existing area wells. It is one piece of the analysis and did not drive the
conclusions.
Commissioner Luke stated that at this time they are only talking about an
ordinance that requires this system in new construction, and asked if Mr.
Gaetano had questions on that. Mr. Gaetano did not.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 9 of 17 Pages
Mr. Anderson stated there is extensive information on the website that
addresses all of his questions and background on the proposed local rule,
including frequently asked questions by category.
Laura Harvey of Deschutes River Recreation Homesites said she owns several
properties. She wanted to know what gives the Board the right to threaten
citizens with liens on their properties when the County is going down the tubes
and the cost of gas is high -
Commissioner Luke said that this just requires that if you build a new house,
you need this system.
Ms. Harvey asked about flagged lots. Commissioner Luke said that these are
not being discussed this morning. Ms. Harvey stated that she has a vacant lot
with a sand filter system already installed. Commissioner Luke replied that it is
not affected. Ms. Harvey said a lot of people got a notice on this in the mail
who may already have a system in place. Mr. Anderson noted that in addition
to the 650 people who already have approvals, as a courtesy it was sent to
anyone who has expressed an interest in this issue. They also get any other
notice sent out regarding this overall issue.
Chris wildriver? Asked if this involves new construction or alterations. Mr.
Anderson said that if there is a remodel that is extensive enough to require an
expanded system, it would need to be the newer system. If there are no
additional bedrooms, bathrooms or a new laundry room, it would likely not be
triggered. It is based on the likelihood of additional flow into the system. It
would also apply if there is a major system repair or a failed system.
Todd Cleveland added that it would require a nitrogen reducing system or an
addition to the system, the best available.
Commissioner Melton asked if DEQ has approved anything for lower level
treatment. Mr. Cleveland replied that some newer ones are being reviewed by
DEQ but are not available yet.
Mr. ? asked whether the problem is imminent or does it exist now. Mr. Kanner
stated that the DEQ quotes the administrative rule, making a finding that a
health hazard exists. The letter says that this finding has been met.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 10 of 17 Pages
Bob Patterson of Beaver Drive said that he has a feasibility letter for a sand
filter system. He asked if there is anything about the ATT characteristics that
would render this feasibility not useable. Mr. Anderson said that approval is
good for the property, but this adds a component to the sand filter. There could
be a difference in cost and maintenance.
Vicki Jackson of Coldwell Banker First Resort Realty said water tests are done
by a research company in Bend, and they are not having any problems with the
water tests. She asked if there are any recent water tests coming in that show a
concern with nitrates.
Mr. Anderson said that these tests do not come to the County. The report
recommends that the County do occasional testing to monitor the predictions
from the study in a ten-year cycle, and this would include real estate sampling.
They also have to check the monitoring wells. One of the scientific conclusions
is that nitrates move slowly through the groundwater, which is the reason for
the ten-year cycle for retesting. Probably there would not be much difference in
one year. At some point a major retest would be done.
Commissioner Luke said this question was asked at a meeting with the USGS
and the DEQ. Wells are located lower than drainfields usually. Nitrates are in
the upper levels, and would be found above the wells. By the time they get to
the wells, the concentrations above the wells would be much higher.
Ms. Jackson asked if a system is failing now, are those getting fixed. Mr.
Anderson replied that failing systems are the #1 priority. Code enforcement is
usually done as a result of complaints, but this is the exception if they have any
information at all on a bad system. Commissioner Luke added that the County
can't go onto private property without permission, so it makes it difficult.
Ms. Jackson said that a builder put in an experimental sand filter and was told it
does filter for nitrates. Mr. Cleveland said they are not designed to reduce
nitrogen.
Jack Graham of the Sunriver area said he owns several DRRH lots. He
wondered if there is a health risk, why the Health Department or Watermaster is
not involved.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 11 of 17 Pages
Mr. Anderson replied that the Health Department has attended meetings and
reviewed the work, and has testified. They also networked with the State
Department of Health Services to review the work of the USGS. Their role at
this point is limited to the potential health effects of nitrates. The
Watermaster's role is not so much the health of the system, but the capacity for
wells.
Commissioner Luke added that the DEQ by law has to deal with pollution, and
that's why they have a septic approval authority. Mr. Anderson said that the
DEQ has been involved every step of the way. They are notified of all
meetings, and could attend any of them or submit testimony.
Mr. Graham said he has several lots adjacent to each other, and asked if a
cluster system could work. Commissioner Luke suggested he talk to
Community Development about this. Mr. Graham stated that some are red
flagged due to high water, are designated as wetlands but none of the lots flood.
Commissioner Luke stated that under current rules not much can be done. One
reason DEQ declared an emergency is that it makes it easier for people to
pursue putting in sewer systems. This will help with some lots.
Jerry Criss of Ponderosa Pines asked why such a simple agenda and hearing got
so confusing. He asked how the County can expect to handle this issue, as big
as it is.
DALY: Move first and second readings by title only, declaring an
emergency.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
At this time Chair Luke conducted the first and second readings.
DALY: Move adoption.
MELTON: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 12 of 17 Pages
Commissioner Melton said that it appears there was some confusion about
notification of these issues, and apologized for any misunderstandings.
Commissioner Daly had to leave the meeting at this time (11:55 a. m)
Before the Board was Consideration of Approval of the Consent Agenda.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
Consent Agenda Items
13. Signature of Order No. 2008-061, Transferring and Distributing Certain Monies
from the Deschutes County Land Sales Fund
14. Signature of Document No. 2008-156, an Intergovernmental Agreement with
the City of Redmond regarding the Use of the Sheriff's Radio Communications
System
15. Signature of Document No. 2008-161, an Intergovernmental Agreement with
the City of Bend Police Department regarding the Use of the Sheriff's Radio
Communications System
16. Signature of Document No. 2008-159, an Intergovernmental Agreement with
the City of Bend Public Works Department regarding the Use of the Sheriff's
Radio Communications System
17. Signature of Order No. 2008-050, Surrendering Portions of Obsidian Avenue
and NW 35th Street to the City of Redmond
18. Approval of County Administrator's Signature of Document No. 2008-272, a
Commercial Lease with Glacier Place Property LLC for the Redmond
Community Development Department Office
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 13 of 17 Pages
19. Signature of Letters Accepting the Resignation of Richard Brogdon, Doug
Farmer and Neal Henderson from the South County Financial Assistance
Citizen Advisory Committee
20. Signature of Letters Reappointing Dennis Luke, Jade Mayer, James Kerfoot and
Tom Anderson to the Deschutes County Audit Committee, through June 30,
2010
21. Signature of Resolution No. 2008-054, Transferring Appropriations within the
Personnel Services Fund
22. Signature of Resolution No. 2008-063, Transferring Appropriations within the
Juvenile Community Justice Fund
23. Signature of Resolution No. 2008-064, Transferring Appropriations within the
Building Services Fund
24. Signature of Resolution No. 2008-065, Transferring Appropriations within the
Sheriff's Office Fund
25. Approval of Minutes (none were submitted)
26. Economic Development Grant Requests
La Pine Park & Recreation District, Summer Kids' Program -
Commissioners Daly and Luke granted $500 each, and Commissioner
Melton granted $1,500.
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
27. Before the Board was Consideration of Signature of Document No. 2008-
158, an Intergovernmental Agreement with the Black Butte Ranch Police
Services regarding the Use of the Sheriffs Radio Communications System.
Sue Brewster said that this is similar to the other agreements regarding use of
the system.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 14 of 17 Pages
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
28. Before the Board was Consideration of Signature of Document No. 2008-
157, an Intergovernmental Agreement with the Sunriver Police
Department regarding the Use of the Sheriffs Radio Communications
System
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
29. Before the Board was Consideration of Signature of Order No. 2008-051,
Declaring the Results of the May 20, 2008 Measure Election on the
Deschutes County 911 Service District Local Option Tax.
Becky McDonald said she is pleased with the support of the community in the
passage of this measure.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 15 of 17 Pages
30. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $9,147.08.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
31. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$3,413.74.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
32. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $842,017.55.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 16 of 17 Pages
33. Before the Board was an Addition to the Agenda.
Before the Board was Consideration of Approval of County Administrator's
Signature of Document No. 2008-336, a Temporary Construction Easement
with Swalley Irrigation District.
Teresa Rozic said this is to lay irrigation pipe on the surface of the ground to
allow for construction for three months.
MELTON: Move approval.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes use.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 12:05 p.m.
DATED this 11th Day of June 2008 for the Deschutes County Board of
Commissioners. --7
is R. Luke,
ATTEST:
&Wtt,4:, zo-t.,( -
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, June 11, 2008
Page 17 of 17 Pages
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Please complete this card & turn
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Subject: 3
C
15 YEARS WITH ADOPT-A-ROAD
Gretchen Byrd & Sue Keeney June 3, 1993
(Gretchen Byrd & Sue Keeney) Name on Sign
Gosney Rd. 0.000 (Hwy 20) to 3.933 (Arnold Mkt Rd)
Kenneth (Ken) & Marian Shrader June 25, 1993
(The Shrader Family) Name on Sign
Larsen Rd. 0.000 (Ward Rd) to 1.505 (Rickard Rd)
Bill Swanson (Chairman) July 17, 1993
(Fall River Estates) Name on Sign
S. Century Drive 11.475 (FS Rd 4230) to 13.023 (FS Boundary)
Fall River Road 0.000 (S. Century Drive) to 0.510 (River Lp Drive)
William (Bill) Heisler (Chairman) July 22, 1993
(CRR Lions Club) Name on Sign
Chinook Drive 0.000 (NW 43rd St) to 0.894 (Jefferson County Line)
43rd Street 6.000 (Lower Bridge) to 7.831 (Chinook)
Arlie & Lynne Holm July 26, 1993
(Arlie & Lynne Holm) Name on Sign
Cascade Lake Hwy 21.980 (Mile Post) to 23.688 (Todd Lake)
Jill Ergenbright September 02, 1993
(The 7:00 AM Walkers) Name on Sign
(Linda Intlekofer & Marilyn Brooks)
Arnold Mkt Road 1.948 (Billadeau Rd) to 3.441 (Gosney Rd)
Vernon Smith & Judith Bull October 21, 1993
(Vernon Smith/Judith Bull) Name on Sign
Cloverdale Road 1.439 (Forked Horn) to 3.586 (Hwy 126)
Proposed Bend Area Transit Dist
f rict
Northwest Bend
Transit District
EXHIBIT B
YProposed Bend Area Transit District
Southwest Bend
Transit District
EXHIBIT B - Z
EXHIBIT B 3
Proposed Bend Area Transit District Transit District
Deschutes River Woods Area
Nl,
Proposed Bend Area Transit District
Northeast Bend Transit District
EXHIAIT• B y
Proposed Bend Area Transit District
Southeast Bend
Transit District
EXHIBIT B_ j
,-T- ELL:
Community Development Department
0 Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
NOTICE OF PUBLIC MEETING
June 11, 2008, 10:00 AM
Board Hearing Room in the Deschutes Services Center
1300 NW Wall St., Bend
The Deschutes County Board of Commissioners will hold a public meeting to consider signature
of an ordinance to require the use of alternative onsite wastewater treatment systems for onsite
system permits issued in south Deschutes County by the Community Development Department.
PLEASE NOTE
This ordinance is separate and distinct from the proposed Local Rule currently under
consideration by the Board of Commissioners. This ordinance applies only to new
construction and system replacements tied to home expansion or system failure.
This ordinance would establish County procedures under Oregon Administrative Rule (OAR)
Chapter 340, Division 71. Specifically, OAR 340-071-0130(1) states:
"Protection of public waters from public health hazards. An agent may not authorize installation
or use of a system that is likely to pollute public waters or create a public health hazard. If, in
the judgment of the agent, the minimum standards in this division will not adequately protect
public waters or public health on a particular site, the agent must require a system to meet
requirements that are protective. This may include but is not limited to increasing setbacks,
increasing drain field sizing, or using an alternative system."
The public meeting will be held on Wednesday, June 11 at 10:00 a.m. in the Deschutes County
Services Center Board of County Commissioners hearing room at 1300 NW Wall St. in Bend.
For more information, please contact Barbara Rich, barbarar@co.deschutes.or.us, 617-4713.
You are receiving this notice because you have asked to be notified of issues or events related
to:
1. south Deschutes County and onsite wastewater treatment systems and/or the proposed
Local Rule, or
2. Deschutes County records indicate that you own a property that has an approval for an
onsite wastewater treatment system and has not been developed.
Quality Services Performed With Pride
GENE WHISNANT
State Representative
DISTRICT 53
T
HOUSE OF REPRESENTATIVES
900 COURT ST NE
SALEM, OREGON 97301
Deschutes County Board of County Commissioners
1300 NW Wall Street, Suite 200
Bend, Oregon 97701
June 11, 2008
Reference: Draft Ordinance 2008-019 June 11, 2008 Agenda Item
Dear Commissioners Daly, Luke, and Melton:
There was some miscommunications and thus, misunderstanding concerning your June 11, 2008
10:00 AM meeting and whether there will be public testimony on Ordinance 2008-019.
Thus, I am submitting this letter in case there is no public testimony on Ordinance 2008-019.
I concur the County should require the 700 property owners - with permits issued prior to July 1,
2006 approving a system that will not protect the groundwater in South Deschutes County from
nitrogen discharges - to now install an approved nitrogen-reducing onsite wastewater treatment
system.
However, I strongly urge the County Commissioners to not take a piece-meal approach to the
need for a comprehensive plan which protects the groundwater resources in South Deschutes
County as proposed by Deschutes County for the 2005 US Environmental Protection Agency
grant.
Also, I would suggest the ordinance define "public hazard" and "pollution" as used in this
ordinance.
Respectfully,
4Gen
Whisnant
Cc: Joni Hammond, Oregt3fi DEQ
Office: 900 Court St NE H-281, Salem, OR 97301 - Phone: 503-986-1453 - rep.genewhisnant@state.or.us
District: P.O. Box 3565, Sunriver, OR 97707 - Phone: 541-598-7560 - www.leg.state.or.us/whisnant/home
T. N
Proposed Bend Area Transit District Transit District
Northwest Bend
EXHIBIT B - (
Proposed Bend Area Transit District
Southwest Bend
Transit District
EXHIBIT B 2-
EXHIBIT B 3,
11 Proposed Bend Area Transit District Transit District
Deschutes River Woods Area
f
EXHIBIT. B - y
TEN 11 Proposed Bend Area Transit District Transit District
Northeast Bend
Iwo
~7:N11
Proposed Bend Area Transit District Transit District
Southeast Bend
EXHIBIT B - 'S
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JUNE 11, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. RECOGNITION of "Adopt a Road" 15-Year Volunteers
3. PRESENTATION regarding New Recycling Programs - Brad Bailey, Bend
Garbage & Recycling/High Country Disposal
4. CONSIDERATION of Chair Signature of Document No. 2008-302, a Notice
of Intent to Award Contract for the Knott Landfill Area A Closure and End Use
Plan Engineering and Design Services - Timm Schimke, Solid Waste
Department
5. CONSIDERATION of Signature of Document No. 2008-292, an
Intergovernmental Agreement with the State of Oregon, Oregon Youth
Authority relating to Youth Violence and Gang Services - Ken Hales and/or
Deevy Holcomb, Corrections
6. CONSIDERATION of Signature of Document No. 2008-290, an
Intergovernmental Agreement with the Oregon Department of Human Services
for the Financing of Local Public Health Services for Fiscal Year 2008-09 -
Dan Peddycord, Health Department
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 1 of 11 Pages
7. CONSIDERATION of Signature of Document No. 2008-256, an
Intergovernmental Agreement with the Four Rivers Vector Control District for
the Surveillance and Testing of West Nile Virus in Mosquito Populations, in
Areas Outside the Four Rivers Vector Control District - Dan Peddycord,
Health Department
8. CONSIDERATION of Signature of Document No. 2008-284, a Services
Agreement between Pfeifer & Associates, the Sheriff's Office and the Mental
Health Department regarding In-Custody Drug and Alcohol Treatment and
Counseling - Lori Hill, Mental Health Department and/or Capt. Ruth denkin
9. CONSIDERATION of Signature of Document No. 2008-236, an
Intergovernmental Agreement for Law Enforcement Services for the City of
Sisters - Sheriff Larry Blanton and/or Capt. Tim Edwards
10. CONSIDERATION of Signature of Resolution No. 2008-066, Awarding
Community Grants to 24 Nonprofit Organizations - Dave Inbody,
Commissioners' Office
11. CONSIDERATION of Signature of Order No. 2008-052, Declaring Intent
to Form the Bend Area Transportation District, and Setting a Hearing Date of
July 21, 2008 - Laurie Craghead, Legal Counsel
12. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2008-019, Establishing County Procedures under
Oregon Rule to Minimize Groundwater Pollution in South Deschutes County -
Barbara Rich, Community Development Department
CONSENT AGENDA
13. Signature of Order No. 2008-061, Transferring and Distributing Certain
Monies from the Deschutes County Land Sales Fund
14. Signature of Document No. 2008-156, an Intergovernmental Agreement with
the City of Redmond regarding the Use of the Sheriff s Radio Communications
System
15. Signature of Document No. 2008-161, an Intergovernmental Agreement with
the City of Bend Police Department regarding the Use of the Sheriff's Radio
Communications System
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 2 of 11 Pages
16. Signature of Document No. 2008-159, an Intergovernmental Agreement with
the City of Bend Public Works Department regarding the Use of the Sheriff's
Radio Communications System
17. Signature of Order No. 2008-050, Surrendering Portions of Obsidian Avenue
and NW 35th Street to the City of Redmond
18. Approval of County Administrator's Signature of Document No. 2008-272, a
Commercial Lease with Glacier Place Property LLC for the Redmond
Community Development Department Office
19. Signature of Letters Accepting the Resignation of Richard Brogdon, Doug
Farmer and Neal Henderson from the South County Financial Assistance
Citizen Advisory Committee
20. Signature of Letters Reappointing Dennis Luke, Jade Mayer, James Kerfoot
and Tom Anderson to the Deschutes County Audit Committee, through June
30, 2010
21. Signature of Resolution No. 2008-054, Transferring Appropriations within the
Personnel Services Fund
22. Signature of Resolution No. 2008-063, Transferring Appropriations within the
Juvenile Community Justice Fund
23. Signature of Resolution No. 2008-064, Transferring Appropriations within the
Building Services Fund
24. Signature of Resolution No. 2008-065, Transferring Appropriations within the
Sheriff's Office Fund
25. Approval of Minutes
26. Economic Development Grant Requests
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 3 of 11 Pages
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
27. CONSIDERATION of Signature of Document No. 2008-158, an
Intergovernmental Agreement with the Black Butte Ranch Police Services
regarding the Use of the Sheriff's Radio Communications System - Sue
Brewster and/or Jon Sholes, Sher ft's Office
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
28. CONSIDERATION of Signature of Document No. 2008-157, an
Intergovernmental Agreement with the Sunriver Police Department regarding
the Use of the Sheriff's Radio Communications System - Sue Brewster and/or
Jon Sholes, Sheriff's Office
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
29. CONSIDERATION of Signature of Order No. 2008-051, Declaring the
Results of the May 20, 2008 Measure Election on the Deschutes County 911
Service District Local Option Tax - Sue Brewster, Sheriff's Office and/or Becky
McDonald, 911
30. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
31. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 4 of 11 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
32. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
33. ADDITIONS TO THE AGENDA
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)
Monday, June 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 11, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 12, 2008
9:00 a.m. Quarterly Update - Mental Health Department
10:00 a.m. Quarterly Update - Health Department
11:00 a.m. Quarterly Update - Road Department
Monday, June 16, 2008
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 5 of 11 Pages
Tuesday, June 17, 2008
8:00 a.m. Discussion of Public Safety Continuum - Ken Hales, Community Justice; Sheriff Larry
Blanton; District Attorney Mike Dugan; Board of Commissioners & County
Administrator
Wednesday, June 18, 2008
10:30 a.m. Oregon Youth Challenge Graduation Ceremony
2:30 p.m. Administrative Work Session - could include executive session(s) - please note later time
Thursday, June 19, 2008
7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting
10:00 a.m. Quarterly Update - Juvenile Community Justice
11:00 a.m. Quarterly Update - Community Development Department
Monday, June 23, 2008
10:00 a.m. Board of Commissioners' Meeting - Includes Budget Hearings, and Adoption of
Fees and Budget
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 26, 2008
9:00 a.m. Quarterly Update - Fair & Expo Center
11:00 a.m. Quarterly Update - Commission on Children & Families
Monday, June 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:00 p.m. (Tentative) Joint Meeting with the City of La Pine Council, in La Pine
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 6 of 11 Pages
Wednesday, July 2, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 3, 2008
8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters
Friday, July 4, 2008
Most County offices will be closed to observe the July 4th Holiday
Monday, July 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, July 8, 2008
11:00 a.m. Commission on Children & Families' Interviews
Wednesday, July 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, Julv 10, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
12:00 noon Audit Committee Meeting
Wednesday, July 16, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 7 of 11 Pages
Wednesday, July 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 4, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, August 6, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 13, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 18, 2008
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting of Board of Commissioners and Department Directors
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 8 of 11 Pages
Wednesday, August 20, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, September 1, 2008
Most County offices will be closed to observe the Labor Day Holiday
Wednesday, September 3, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 4, 2008
10:00 a.m. Quarterly Meeting with District Attorney
11:00 a.m. Quarterly Meeting with Community Development Department
1:30 p.m. Quarterly Meeting with the Road Department
Monday, September 8, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, September 10, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 9 of 11 Pages
Thursday, September 11, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
11:00 a.m. Quarterly Meeting with Mental Health Department
1:00 P.M. Quarterly Meeting with Health Department
Wednesday, September 15, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 17, 2008
8:00 a.m. Public Affairs Counsel Conference Call - Legislative Update
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 18, 2008
9:00 a.m. Semi-annual Meeting with the County Clerk
10:00 a.m. Quarterly Meeting with Community Justice
Monday, September 22, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 25, 2008
9:00 a.m. Quarterly Meeting with Fair & Expo Center
10:00 a.m. Semi-annual Meeting with Assessor
11:00 a.m. Quarterly Meeting with Commission on Children & Families
Board of Commissioners' Business Meeting Agenda Wednesday, June 11, 2008
Page 10 of 11 Pages
Monday, September 29, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 1, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 2, 2008
9:00 a.m. Regular Bi-monthly Meeting with Congressional Staff
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' Business Meeting Agenda Wednesday, June 11, 2008
Page 11 of 11 Pages
