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2008-851-Minutes for Meeting May 07,2008 Recorded 9/17/2008COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS PJ Z008.85i COMMISSIONERS' JOURNAL Iloilo[ IN , 09/17/2008 11:55:57 AM 2008-85-1 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 7, 2008 Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Catherine Morrow, Peter Gutowsky and Dan Haldeman, Community Development; Timm Schimke, Solid Waste Department; media representative Hillary Borrud of The Bulletin; and approximately 20 other citizens. Chair Luke opened the meeting at 1: 30 p. m. 1. Solid Waste Update. Timm Schimke reported on the subsurface investigation contract for the demolition landfill, and that there should be a report back by the end of July. A letter from the DEQ has asked the County to enter into a voluntary cleanup program, which will be required at some point to be able to sign off on the permit. They will look for hazardous materials or potential risks to the environment; if there are none, there may be no further action required and removal may not be needed. Commissioner Daly said that they will never give a "no further action" letter, as they will be worried about hot spots. Mr. Schimke stated that there will be disclaimers. DEQ can provide a document as to what they see for the future so all parties can be informed. MD: asked about closure of the SW landfill site. Timm: groundwater contamination but found to be no risk to users. There could be more done to eliminate contamination in order to get a no further action required letter. Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 1 of 6 Pages In regard to the issue regarding St. Charles Medical Center's sharps disposal, Mr. Schimke has worked with them to accept treatable waste rather than having SCMC send it out. Twice a month they have been bringing out ten yards of sharps material, and this is not working well for the landfill since the containers often break open. To improve the situation, the cost will be higher. This material cannot be compacted and the results are marginal. This also takes up a disproportional amount of space in the landfill. Another alternative is for SCMC to ship the material to someone who specializes in this type of waste. Regarding landfill gas, the facility qualifies for carbon credits. They can sell the credits for up to $120,000 per year, and the market will continue to rise. They are moving to perhaps burning methane for energy in the near future. The number of vehicles bringing in waste for the FireFree program was higher, as were the cubic yards deposited, although the tonnage was a big lower. 2. Continued Discussion of South County Groundwater Protection Project. Catherine Morrow and others from Community Development gave an overview of the status of the proposal. It has been modified to require alternative treatment processes for failing systems and upgrades. Also included would be properties being subject to some kind of nitrate reducing upgrade at the time of sale. Another change would be to postpone the start date of other properties to take action until mid-November of 2012. Another element is the hardship provision. They would have to demonstrate a compelling reason by virtue of income, health, etc. why this can be delayed until the property is sold, unless the system fails. One obstacle is flagging each property. Laurie Craghead noted that there are 6,400 properties that would require that many individual documents if it is all done at the same time. Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 2 of 6 Pages Commissioner Melton asked how the DEQ could be requested to look at the same thing in Klamath County. This is a regional issue that does not stop at the County line. Mr. Kanner said that Klamath County is waiting to see how we handle it. Their population density is not nearly as great. The DEQ is aware that northern Klamath County plays a part in this, but wants to see a local solution. Commissioner Luke noted that Klamath County does not usually have an opportunity to get this kind of funding. The funds available would not cover even a small sewer system. Mr. Anderson stated that notifications are sent to both the DEQ and Klamath County. The USGS study does not stop at the County line. Commissioner Luke asked for more detail on the time of sale option. He would like the committee to have more time to do its work. Forming sewer districts will not be quick. People will need assurances that the lien can be lifted. Mr. Kanner noted that it would be hard to know if the upgrade has taken place. Discussion then occurred on when upgrades might begin, and how long it could take to form a sewer district. Mr. Kanner said that it is hard to know what is going on with the Financial Assistance Committee. Perhaps the group could be suspended until a recommendation is decided on local rule. It appears to be heading down a track of trying to figure out what it would cost to sewer the entire south County and how far $35 million would go. There is not enough money for that, and nothing would be left over for upgrades. Some areas will not be feasible. The committee needs to stick to the financial aspects of what they were asked to address. Commissioner Luke said he shares some of those concerns. There is money as well as staff time involved, and a facilitator who no longer chairs the group. The Board might have jumped the gun asking them to make decisions before the Board makes its. It may be advisable to suspend their work for a while so they do not have to deal with "what ifs". Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 3 of 6 Pages Commissioner Melton stated that the latest request was for a sewer summit. They want the DEQ, DLCD and the County to look at maps and circle where sewers are feasible. This will not work. The DEQ wants to take these on as individual lots. It if takes a meeting to come up with that answer, there is no harm in allowing it. Or if the committee wants to talk with the DEQ about this, they should. Judy Forsythe, citizen, said she takes exception with what Mr. Kanner said and his impression of what the committee is doing. The committee has asked for more clarification by meeting with the DEQ, DLCD and the County to look at areas that might be appropriate for sewers in case money comes from somewhere else. Peter Gutowsky said that he took notes at the last five meetings and there is extreme vocalized sensitivity at what is taking place at the meetings. He is not in a position to speak on behalf of the committee. Once the minutes are adopted, they can be made available. Commissioner Luke noted that discussions about sewers being the ultimate solution have taken place, but it is very hard in unincorporated areas. The State is not going to show them how to do it. Oregon Water Wonderland got its own engineer to work on theirs. A lot of study needs to be done, and then you have to find out if people will finance it. It is not an easy solution. And they should not expect a straight answer from DLCD or DEQ that easily. Mr. Kanner said that a vote is not required unless there is a permanent taxing district proposed; it would be needed if there are bonds. In the Hood River situation, the voters rejected a sewer district and the bond. In State law, the Department of Human Services can step in and create a sewer district if a health hazard exists. An elected body at some point has to decide how to handle the cost. Catherine Morrow stated that they have heard there is an expectation that lines can be drawn on a map. The County is about what the process is if a community or neighborhood wants to develop a plan. She encouraged neighborhoods to meet and talk about what is best for them. It is very difficult to communicate in a big meeting with lots of people, as every neighborhood is different. Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 4 of 6 Pages Commissioner Luke noted that what the committee recommends could have long-term ramifications. They don't have past experience with this so they are on a learning curve. The County needs to point them in the right direction. Ms. Morrow said that it became very clear in the Oregon Water Wonderland meeting last week with the engineer, that in order to make a land use process go through for a sewer under Goal 11, the first thing the community has to understand is what it is going to cost, then what sources are available for money. A lot of expense is involved getting to that point, and that money has to come from somewhere. Pointing to a map regarding feasibility is a disservice to the citizens. This has to come from the neighborhood. They talk with us, they get an engineer, and ask the residents if they can come up with the money. The group from OWW says there is not much grant money out there for this; mostly it is loans. There is the cost of predesign and the final report, construction of the sewer, SDC's to hook up, a stubbing to the sewer lateral. There's the land use process requiring legal expertise, not to mention having land for the sewer treatment. A discussion continued on the request for a sewer summit and what is expected of the committee. 3. Other Items. Susan Ross came before the Board to discuss an item that was on the morning meeting agenda. The date of a notice of intent to award contract letter appeal period had to be changed due to a meeting conflict. MELTON: Move signature. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 5 of 6 Pages The Board went into executive session at 3:35 p.m. to discuss real property negotiations. The Board reconvened at 3:40 p.m. Susan Ross said that she needs approval to make a formal written offer on the Courtney Drive property, in the amount of $791,936. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Regarding the Becky Johnson parking lot issue, the on-street parking option seems to be better than the angled parking option, and the City of Redmond will be requested to develop two spaces for this issue. An intergovernmental agreement will be drafted to cover these and other parking lot improvements. The Phase I environmental study shows that there was an underground oil tank on the property at one time, so it needs to be addressed. Being no further items before the Board, the meeting adjourned at 4:10 p. m. DATED this 7th Day of May 2008 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair Tammy ( aney) elton, Vice Chair ATTEST: Mic el M. Daly, Co missioner Recording Secretary Minutes of Administrative Work Session Wednesday, May 7, 2008 Page 6 of 6 Pages 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, MAY 7, 2008 1. Solid Waste Update - Timm Schimke 2. Continued Discussion of South County Groundwater Protection Project 3. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted 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. 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. a l N - E a r lzs U- M v !y 0 Q) t ` tf) m O IN ILI C Q C~ a x~ lam ` ~"1 N M M ~f o V 1 C.L . ~ i Q~ `mss ~ ~ ~ m ~ b .s~ ~y r_ VD 4~ d Solid Waste Update May 7, 2008, 1:30 p.m. Commissioners' Conference Room A enda 1. Demolition Landfill Update 2. St. Charles sharps disposal 3. Landfill Gas 4. Fire Free 2007 2008 Knott Vehicles 7,138 6,334 Cubic Yards 23,219 25,658 Alfalfa TS Vehicles 2 Cubic Yards 22 Negus TS Vehicles 746 520 Cubic Yards 1,621 975 Northwest TS Vehicles 299 240 Cubic Yards 1,113 912 Southwest TS Vehicles 474 367 Cubic Yards 1,481 998 Total TS Vehicles 1,519 1,998 Cubic Yards 4,215 4,964 TOTAL VEHICLES 8,657 10,156 CUBIC YARDS 27,434 25,658 - TONS 4,287 4,009 C.,,2,