2009-51-Minutes for Meeting January 07,2009 Recorded 2/11/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 1009'51
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 0211112009 10:13:04 AM
11111111111111111111111111
2009-51
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.ora
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 79 2009
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; David Givans, Auditor;
Dave Inbody, Assistant to the Administrator; Tom Blust, Peter Russell, Dennis
Perkins and George Kolb, Road Department; Tom Anderson, Nick Lelack,
Barbara Rich, Doug White and Peter Gutowsky, Community Development; and
Ryan Houston, Upper Deschutes Watershed Council. No representative of the
media or other citizens were present.
Chair Baney opened the meeting at 1: 35 p.m.
1. Update regarding Road Preservation and Overlay Projects.
Tom Blust gave an overview of the projects that would use up the forest dollars
as well as dollars left over from bids that came in lower than expected. In
2009-10, reserves will be added to 19th Street, totaling $2 million eventually.
This will not cover the entire project, however, but may allow for a match or
other means to fund the project. This allows some overlay projects to be done
in the meantime.
He went over the list of arterials to be overlaid that should be funded. (He
referred to an exhibit at this time.)
In regard to the expected federal economic stimulus package, a list of projects
will be developed requesting as much funding as possible. This will be handled
through the State. There are a lot of strings attached to federal dollars and the
restrictions are many. These need to be projects that do not require right of way
acquisition or environmental studies. If it is a project that requires paving of
more than three inches, additional studies needs to be done. Therefore, the
projects would need to be those that require two inches or less of pavement on
existing roads. These also need to be major collectors under federal
classification.
Minutes of Board of Commissioners' Work Session Wednesday, January 7, 2009
Page 1 of 5 Pages
Commissioner Baney asked how they selected the ones to fund and the ones to
delay. Mr. Blust replied that they need to be major collectors or above that do
not have a lot of other criteria attached. A major arterial for the County would
be the Old Bend-Redmond Highway, Huntington Road and others that get
traffic from collector roads.
He said it will be a challenge to get that many projects due in the timeframe
allotted.
The Board indicated that they are supportive of the plan as discussed.
2. Discussion of Grant Opportunity - Deschutes River Mitigation &
Enhancement Program.
Peter Gutowsky said there is a grant opportunity that could be used for a South
County wetlands project.
Mr. Houston asked if the County is interested in learning about what is
available and what can be done with it.
Mr. Gutowsky said that the Administrative Rule asks that permission statements
be made available for those property owners who will be affected. This will
help get a sense of where the wetlands are. After the data is collected, it will be
assessed and at that point, another meeting would take place. The public would
have an opportunity to provide input.
The Division of State Lands must be made aware of any potential problems.
The County has not been required to inform people of what might be on their
properties, and some of those people have initiated work. These properties
could be affected if the Board makes decisions about the local wetlands
inventory.
The State requires a wetlands delineation; a third party wetlands consultant
could do a study that the DSL feels is sufficient. This could be adopted into the
comprehensive plan. The second piece is where the Board would have the
opportunity to develop wetlands protection measures. There are wetlands that
are not currently mapped. This is uncharted planning work and the process
needs to be developed.
Minutes of Board of Commissioners' Work Session Wednesday, January 7, 2009
Page 2 of 5 Pages
Grant timing is favorable, with the application due in January or February. This
is not being done just because of the federal government, but because it can
help to not only tie into the Endangered Species Act, help to understand water
quality issues, tie into the Comprehensive Plan update and other issues that are
interdependent and are now being addressed.
Mr. Gutowsky stated that the funding would be in kind at this point. Tom
Anderson added that the County has a responsibility to address the presence of
wetlands. This designation could add significantly to development costs for the
property owners. Some may already be red lots. People cannot develop those
at this point but some will put in a driveway or barn. However, those types of
things are not allowed on wetlands.
Mr. Gutowsky said that the nitrate loading management study could be used to
determine how many lots can be developed. The model shows a five-fold
increase in nitrates going into the river system direct from these lots. There will
be ultimately four or five meetings in South County with technical experts to
interact. The public will be able to respond regarding high groundwater lots,
wildlife corridors, wetlands and high water areas. It may be that people will not
want the high groundwater lots developed and protection measures will need to
be addressed. Barbara Rich added that this would affect the value of some
properties, so these questions need to be included in any community surveys.
Commissioner Baney asked if a nonprofit could buy the properties. Mr.
Houston stated that there are groups that can do this; however, they will look at
the economies of scale and it may not make sense to buy a lot of small,
individual lots.
It was discussed that declaring wetlands may be the cheapest way to deal with
some of the nitrate issues. There are a lot of benefits to developing a wetlands
protection program that extend well beyond the local area. Federal guidelines
for freshwater systems are about twenty times more stringent than those for
groundwater protection.
Ms. Rich said that the study would show where the vulnerabilities are and what
areas might be restored.
Mr. Anderson stated that this work is already in the 2008-09 work plan. At
current levels, it is hoped there is adequate staffing to handle Community
Development's portion of the project.
Minutes of Board of Commissioners' Work Session Wednesday, January 7, 2009
Page 3 of 5 Pages
Mr. Houston stated that many of the Mitigation and Enhancement group's
projects are small, but this would be a big one at $125,000 for the grant.
Commissioner Luke said he wanted to make sure that there are not any
unknown costs associated with the grant. Mr. Gutowsky replied that this is
already on the work program, and they have to proceed at some level anyway.
Commissioner Unger suggested that they move forward on pursuing the grant
opportunity. The other Commissioners agreed.
3. Other Items.
In regard to the proposed expansion of the Bend urban growth boundary
decision, Mr. Gutowsky said that he is working with Legal Counsel on
language that states that the Ordinances will not becoming effective until the
State acknowledges the expanded urban growth boundary. If people come in
for building permits or land use applications, confusion needs to be minimized
somehow. It would be cleaner to have the community continue to work with
the County until the State acknowledges the UGB.
Tom Anderson stated that it needs to be this way from a practical standpoint. It
could get appealed or remanded, and there could be other delays.
Doug White said that he feels it would not be acknowledged right away in any
case. He feels it will go through a larger process once it gets submitted.
It was decided that the first and second readings and adoption, by emergency,
should be on the January 26 agenda. There will be a work session to discuss
this issue on January 21.
The Commissioners shared that Richard Whitman of the State Division of State
Lands wants to meet with them individually regarding legislation tied to the
destination resort issue (possibly the Metolius Basin proposal). Commissioner
Luke pointed out that he is more comfortable meeting as a group and not
individually so that Mr. Whitman could get a true picture of the Board's
opinions. He added that the DSL does not come to other counties and tell them
they have too much of a particular industry, and he feels this is unfair.
Mr. Anderson stated that Terri Payne from his department could brief the
Commissioners or sit in on the meetings if they wish.
Minutes of Board of Commissioners' Work Session Wednesday, January 7, 2009
Page 4 of 5 Pages
Commissioner Baney asked about a proposal from Lake Place to use the facility
for mental health patients. Apparently, they have openings for clients at this
time. To her, this brings up a question as to whether all possible options are
being considered before building the Psychiatric Security Review Board
facility. She wants to make sure that Lake Place actually does not fit the needs
of the State and County.
Commissioner Luke wants assurances that the Oregon Department of Human
Services will send patients and pay their part if the new PSRB facility is built.
Mark Pilliod said he spoke with Sue Brewster of the Sheriff's Office, who
indicated that there could be security issues with PSRB patients and, therefore,
the facility needs to be specialized.
Being no further items addressed, the meeting adjourned at 3:20 p. m.
DATED this 7th Day of January 2009 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
)hlv,)
Tammy Baney, CIUir
/,~V- >
Dennis R. Luke, Vice Chair
- 6 4~ ~A~ -
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 5 of 5 Pages
Wednesday, January 7, 2009
a
< 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, JANUARY 79 2009
1. Update regarding Preservation and Overlay Projects - Tom Blust
2. Discussion of Grant Opportunity - Deschutes River Mitigation & Enhancement
Program - Peter Gutowsky
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
Ifyou have questions regardinga 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.
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Page 1 of 1
From: Anna Johnson
Sent: Thursday, January 08, 2009 4:19 PM
To: -Administration; _Legal; _Department Heads
Subject: Deschutes Market Overcrossing Project Phase II
DVS E S CO
y~ ~ G2
Road Department
61150 S.E. 27th St., Bend, OR 07702
(511) 388-6581 - FAX (541) 388-2719
On Monday, January 12, construction crews will begin working on the Deschutes
Market Overcrossing project located between Bend and Redmond. The project will consist of
extending the first phase of the Deschutes Market Overcrossing project that crossed over Highway
97 east to connect into Deschutes Market Road. The project also includes building a structure over
the railroad tracks.
The project also includes a temporary bypass road on Deschutes Market Road to divert vehicles from
areas of construction. Drivers are urged to use caution when driving this portion of Deschutes
Market Road.
Traffic may be impacted during construction and drivers may experience delays up to 20
minutes while traveling within the construction zone.
Daily hours of operation will be from 7:00 a.m. to 7:00 p.m. Drivers should use alternate routes
where possible.
Construction is expected to continue through October 30, 2009.
For more information, please call George Kolb, Deschutes County Road Department at 322-7113.
1/9/2009
Deschutes River Mitigation and Enhancement Committee
Grant Opportunity
Needed: Policy direction from the Board on whether to pursue a wetland grant that
funds a Local Wetland Inventory for South County and a subsequent process
that identifies and protects significant wetlands
Key Points:
' Central Oregon Irrigation District hydroelectric project upstream of Bill Healy
Bridge provides Oregon Department of Fish and Wildlife (ODFW) with funds for a
fish and habitat enhancement program for the Upper Deschutes River Basin.
• The Deschutes River Mitigation and Enhancement (M & E) Committee approves
projects using hydroelectric project funding. County staff role is as an ex-officio
secretary.
• M & E Committee in October 2008, with input from ODFW, Upper Deschutes
Watershed Council and Deschutes River Conservancy, adopted a new Upper
Deschutes River Restoration Strategy that identifies and prioritizes restoration
actions necessary to support high quality riparian and aquatic habitats.
• The Upper Deschutes River Restoration Strategy lists priority actions including:
1. identifying high-value, at-risk riparian areas (HIGH);
2. reviewing and revising city, county, and state land use regulations (HIGH); and,
3. implementing land transactions to protect identified valuable areas (MEDIUM).
• M & E Committee alerted Deschutes County of an opportunity to apply fora
wetland grant that would fund a Local Wetland Inventory for south Deschutes
County and a subsequent process that identifies and protects 'significant
wetlands.'
• A Local Wetland Inventory would build on the work of the 2007 USGS near-stream
environment study, which documented groundwater flow paths and their interface
with near stream environments. Intact riparian and wetland areas can help protect
surface waters from impacts from nitrate-rich groundwater discharges.
• The timing of this opportunity coincides with the County's involvement with an
Endangered Species Act risk-assessment, the High Groundwater Development
project, the Comprehensive Plan Update, and Community Development
Department's FY 2008-09 work plan listing the need to develop and implement a
Local Wetland Inventory.
• A preliminary application estimates a grant request of $125,000 with a $25,000
County match of in-kind services.
December 16, 2008
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