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2009-1252-Minutes for Meeting May 27,2009 Recorded 6/10/2009FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS yu 2009_1252 11 Jill! ~ui~uinuin 06"0/2009 08:27:38 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page t C 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., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 27, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Bob LaCombe, Juvenile Community Justice; Susan Ross and Teresa Rozic, Property & Facilities; Tom Blust and George Kolb, Road Department; Mark Pilliod, Legal Counsel; Peter Russell, Community Development; Neil Bryant, attorney and former State Senator; and three other citizens. No representatives of the media were present. Chair Baney opened the meeting at 1:35 p.m. 1. Citizen Input None was offered. 2. Discussion of Request for Board Signature of a Letter to the Oregon Department of Transportation. Neil Bryant, an attorney who represents Cascade Village Mall, said they have an interest in the future of the Cooley Road intersection. He has attended most of the meetings having to do with the future of this area. There are concerns about the four alternatives offered. None of the alternatives are acceptable as- is, but they do want to work with the City and County on this issue. He wanted to encourage the Board to participate and suggest changes to the alternatives offered. Minutes of Board of Commissioners' Work Session Wednesday, May 27, 2009 Page 1 of 6 Pages The Empire interchange is another location that is failing. The State will not be able to provide the funding that would be needed to make this two-mile stretch of highway better. Commissioner Luke stated that it would have to be done in phases. He thinks the process is good but does not want to sign the letter as presented by Mr. Bryant. He feels that the footprint is needed at this point. Also, two mobile home parks that would be involved fall under the protection of federal law. A portion of the local cemetery would also be needed, but it is currently unused. Mr. Bryant said that there are some options that need to be addressed even with the various alternatives. Commissioner Luke stated that they will go into more detail as the options are known. Commissioner Unger added that he wondered why the CAC tem doesn't have more impact. Discussion continued regarding the need for cooperation. Commissioner Baney stated that she wants them to have the support of the Board. Tom Blust stated that ODOT is aware of the various concerns, and he thinks that the City has specific concerns and the County has some different concerns. Peter Russell added that it is an environmental process at this time. This will be subject to further discussion. 3. Discussion of Hospice of Central Oregon Expansion Plans. Steve Westward and Eric Alexander of Central Oregon Home Health and Hospice ("Partners in Care") wished to discuss property they own that is adjacent to County-owned land. Want to work with the County on future development of the area. (They referred to maps at this time) Susan Ross said the property purchased by the County offers a lot of flexibility. Mr. Alexander stated that his group is leasing property and has a need to unify and bring together the two Hospice entities. Chair Baney asked if they need to look at something unique, whether the County should participate. Commissioner Luke stated that it depends on the best interests of the County and suggested that a two or three story building might work for administration. Mr. Westward said that there might be a possibility of shared parking or other ideas. Ms. Ross stated that when she spoke with Mr. Alexander, she was asked if the County would sell its property. Commissioner Luke said that selling its property would leave the County with no options for future expansion. Minutes of Board of Commissioners' Work Session Wednesday, May 27, 2009 Page 2 of 6 Pages Commissioner Unger would like to stay open and see if the vision of the organizations can be met with a joint plan of some kind. Mr. Kanner pointed out that the County has not gotten away from the idea of satellite locations in order to offer services to the entire area. However, even with satellite locations established, the County needs to expand services in Bend and will need land to do that. The Commissioners spoke about the possibility of selling a strip of land or small portion if it makes sense to the County and Hospice, but are not interested in selling off large parcels. 4. Approval of Chair Signature of a Grant Application for a Federal/State Formula Juvenile Accountability Block Grant. Bob LaCombe gave a brief overview of the item. Sometimes the juveniles have to be held for a long time while awaiting trial, and this will help with this funding. LUKE: Move approval of Chair signature of the grant application. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Consent Agenda Items 5. Signature of Resolution No. 2009-047, Transferring Appropriations in the Adult Parole & Probation Fund Minutes of Board of Commissioners' Work Session Wednesday, May 27, 2009 Page 3 of 6 Pages 6. Signature of Resolution No. 2009-051, Transferring Appropriations in the Board of Property Tax Appeals (BOPTA) Fund 7. Signature of Resolution No. 2009-052, Transferring Appropriations in the Law Library Fund 8. Signature of Resolution No. 2009-053, Transferring Appropriations in the General Support Services Administration Fund 9. Signature of Resolution No. 2009-054, Transferring Appropriations in the General Fund Grant Projects Department 10. Signature of Resolution No. 2009-056, Transferring Appropriations in the Deschutes County Sheriff's Office Fund 11. Signature of Resolution No. 2009-057, Transferring Appropriations in the Health Department Fund 12. Signature of Resolution No. 2009-058, Transferring Appropriations in the Deschutes County Communication System Fund 13. Signature of Resolution No. 2009-059, Transferring Appropriations within the Deschutes County Sheriff's Office Fund 14. Approval of Minutes: • Business Meetings of May 6 and 13 • Work Sessions of May 4, 6 and 13 • Land Use Hearing of December 29, 2008 • BOCC & Dept. Heads Meeting of May 12 • Special Meetings of May 7 and 15 CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Signature of Resolution No. 2009- 055, Transferring Appropriations in the Deschutes County Extension/4-11 County Service District Fund. LUKE: Move approval. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Work Session Wednesday, May 27, 2009 Page 4 of 6 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Update of Commissioners' Meetings and Schedules. Commissioner Unger said he recently spoke at the NACo Conference in Pendleton. He was able to network with others and it was helpful even though attendance was light. Commissioner Unger got an e-mail from Janet Brown, Regional Coordinator from the Governor's Office who is also on the Central Oregon Economic Revitalization Team, wishing to talk about common interests. Commissioner Baney hopes to be able to attend the next meeting, although the date stated is heavily booked. Commissioner Unger said that he is working with others on a Central Oregon Area Commission on Transportation (COACT) type of model of government on water reallocation in the basin. This is a "big picture" look. He wants to be sure there is support to move forward on this type of process. Commissioner Luke would like to discuss this further once the potential cost is known. Commissioner Luke met with representatives of the City of Sisters and ODOT, regarding the transportation system plan and other issues. There will be further meetings to define what needs to be done and why the process needs to be established in a certain way. As is typical, there is not enough funding available to address all of the projects that should be done. Commissioner Unger said that regarding House Bill 2227, he hopes it is killed. The Bill has to do with irrigation water districts and putting them under Public Utilities Commission control. The Board is willing to sign a letter in this regard. 17. Other Items. None were offered. 18. Executive Session - Real Property Negotiations, under ORS 192.660(2)(e). 19. Executive Session - Labor Negotiations, under ORS 192.660(2)(d). The Board went into executive session at 2:50 p.m. Minutes of Board of Commissioners' Work Session Wednesday, May 27, 2009 Page 5 of 6 Pages The Board came out of executive session at 3:40 p.m. LUKE: Move approval of the offer from Eugene McNally, 15875 Juniper Road, La Pine, of $44,000 at 4.25%, with the lot line adjustment not being subject to a timetable, and any structures such as an RV shelter are to be built in compliance with County requirements, but not triggering the contract being due. A septic system will not be installed without the proper permits. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 20. Discussion of Potential Memorandum of Understanding with Sheriff's Office regarding Parole and Probation Transfer. Chair Baney asked that this be removed from the agenda. Being no further items addressed, the meeting adjourned at 4:05 p.m. DATED this 27th Day of May 2009 for the Deschutes County Board of Commissioners. Tammy Baney, Chair Dennis R. Luke, Vice Chair ATTEST: Recording Secretary Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Page 6 of 6 Pages Wednesday, May 27, 2009 o N rn ) s„ ~ co O -p N c0 'c0 ~ 3 h '1 X c0 LJ.. vb O C N O M u c ~ ~ ° ~ o a c~ N -I y ~o cr V~ N N v D1 ar a E O Z ~k ~ v N: fa a Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc WORK SESSION AGENDA ® DESC14UTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, MAY 27, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. Citizen Input 2. Discussion of Request for Board Signature of a Letter to ODOT - Neil Bryant 3. Discussion of Hospice of Central Oregon Expansion Plans 4. Approval of Chair Signature of a Grant Application for a Federal/State Formula Juvenile Accountability Block Grant CONSENT AGENDA 5. Signature of Resolution No. 2009-047, Transferring Appropriations in the Adult Parole & Probation Fund 6. Signature of Resolution No. 2009-051, Transferring Appropriations in the Board of Property Tax Appeals (BOPTA) Fund 7. Signature of Resolution No. 2009-052, Transferring Appropriations in the Law Library Fund 8. Signature of Resolution No. 2009-053, Transferring Appropriations in the General Support Services Administration Fund 9. Signature of Resolution No. 2009-054, Transferring Appropriations in the General Fund Grant Projects Department Board of Commissioners' Work Session Agenda Wednesday, May 27, 2009 Page 1 of 2 Pages 10. Signature of Resolution No. 2009-056, Transferring Appropriations in the Deschutes County Sheriff's Office Fund 11. Signature of Resolution No. 2009-057, Transferring Appropriations in the Health Department Fund 12. Signature of Resolution No. 2009-058, Transferring Appropriations in the Deschutes County Communication System Fund 13. Signature of Resolution No. 2009-059, Transferring Appropriations within the Deschutes County Sheriff's Office Fund 14. Approval of Minutes: • Business Meetings of May 6 and 13 • Work Sessions of May 4, 6 and 13 • Land Use Hearing of December 29, 2008 • BOCC & Dept. Heads Meeting of May 12 • Special Meetings of May 7 and 15 CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. CONSIDERATION of Signature of Resolution No. 2009-055, Transferring Appropriations in the Deschutes County Extension/4-H County Service District Fund RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Update of Commissioners' Meetings and Schedules 17. Other Items 18. Executive Session - Real Property Negotiations, under ORS 192.660(2)(e) 19. Executive Session - Labor Negotiations, under ORS 192.660(2)(d) 20. 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'~a wPw o..rnv ~nw.a.e t I = li tf 1 ' r 1 1 t ! t t F ra- ~i L.I } i 1 . - ~ ` t f Y 4 ~ AY til 4 S 1 Partners In Care At A Glance • Partners In Care was founded in 2009. It is the result of the merger between the two longest serving chronic and end of life care providers in Central Oregon - Central Oregon Home Health And Hospice and HospiceCenter. It currently is the largest such care organization east of the Cascade mountains. • Partners In Care is a private, independent, stand alone organization recognized by the IRS as a tax exempt, charitable not for profit. It is accredited by the Oregon Hospice Association and licensed by the Center For Medicare Services. • Partners In Care provides transition care; home health care; home care hospice and in patient hospice care for more than 400 chronically and terminally ill patients and their families daily. • In addition to these core services, it provide social services; spiritual care counseling; bereavement care; volunteer services; home health aides; community flu and foot clinics; community and children's bereavement programs; and educational conferences on end of life issues. • The Partners In Care Mission: We provide patient centered care that honors the dignity and needs of those we serve. We sustain an organization that enriches the lives of our patients, families, team and community. • The organization employs 150 staff which includes two physician medical directors and one staff physician for the inpatient Hospice House. Our administrative center is located at 2075 NE Wyatt. Our clinical building is located nearby at 2698 NE Courtney Drive, Suite 101. Partners In Care also leases office space in Redmond and La Pine. • Partners In Care owns property surrounding its Wyatt administrative offices; an undeveloped parcel opposite Conners Drive on 27th street; and an adjacent four- plex just off Conners Drive behind Hospice House. • Partners In Care is governed by an unpaid community board of seven directors. The current chairman of the board is Mr. Tom Ryder a longtime Bend businessman. • The organization's vision is that of a sustainable organization that provides high quality, compassionate, patient-centered care that is readily available to all citizens of the region. This vision intends that as a result of its existence the public and all of its stakeholders are fully aware of how to plan for and easily access such care when it is needed. Partners In Care sustains strong partnerships with the regional health system and other supporting institutions and practitioners. Picataglance509 / external Document Reproduces Poorly ceufbty0l: AERIAL PHOTO (Archived) 16 d t 0 '~r~lµ9 4.` se4 t -~`a r ..'til ~7 t y 1 l•. h 1 P' r'7 ;'C!"E ! y 1 u ~1 1 ' i+ ti F SR1}vA J1 4 '1 ~iS 1 y r a, 1 h9 rr YY fyry NF( 4Cp 6 J NNE t S s ~ ~ igg~ • 1# 7 ~~r~-~ aa" R 'q VFW 1/ ! yy ~ z~ t "Y '.y1,y J t~ JF?{~!•t ~l 1t l' . ,rJ 1 t. t' da' rti'Tj yEr xl~ 1J~V1' l )f 7 r 3 Ya ♦ 11,7!x' ) r r: J t~ 4 z For Tax Lots: 171227DA00900 Disclaimer: T7~h mepwas aaa~6 Gan dts'k1 Oatebaseswpra"/dSetl by Ne oesonwsacwnHers. aneriiCelws plmrem tA Mbrmatan as a eourt Ond ea5alrg9 fq Ga4fiy 40f effa9, omltSbM19, a a eoan6w ~oti'~ mtwarenH fhe [mw ess LEGEND t~? City t UGe Texlot County URA Streets Property of Interest Asp Ptnw~,Ma7M{lMf Prepared by AmefiMe on: 08+2912007 Copyright* 2007, AD Rights Reserved Document Reproduces Poorly (Archived) f UY/1 } . i s t t ~ 7 ssyy i C a! V Q Q7. N J ~ .j r•~ t t. t 7" _ Page 1 of 4 Alan Unger From: Erica Hagedorn [ericah@pacounsel.org] Sent: Wednesday, May 27, 2009 1:17 PM To: Alan Unger; Dennis Luke; Dave Kanner; Tammy Baney Cc: Public Affairs Counsel Subject: Re: HB 2227 Amendments Commissioner Unger, That is good stuff. Would you be comfortable pulling together a letter from the commission with the points below that we can distribute electronically and in mailboxes? Can you also call Sen. Monroe, Sen. Bates and Sen. Morrisette to relay this by phone? We have two solid votes. We need one of the three members mentioned above to stay with us and hold out for an honest interim effort. Thanks for all the grassroots. We'll circle back with those three as well! Erica (and Mark) From: "Alan Unger" Date: Wed, 27 May 2009 12:37:49 -0700 To: Dennis Luke<Dennis-Luke@co.deschutes.or.us>; Erica Hagedorn<ericah@pacounsel.org>; Dave Kanner<Dave-Kanner@co.deschutes.or.us>; Tammy Baney<Tammy_Baney@co.deschutes.or.us> Subject: RE: HB 2227 Amendments Erica, here are some more thoughts. HB2227 engrossed is an effort to kill resorts. We should be looking at how to reinvent resorts. Tell the electeds that they should kill this bill and tell all of us to work together over the summer to show them next session what works and what does not; how hybrid resorts like the metolian can work; that people swarm to central Oregon to play and we need to provide them with more options that are better on the environment. Resorts do not have to look like a big subdivision, they can be something else. Hope that helps. Alan Unger, Commissioner Deschutes County 1300 NW Wall St. Suite 200 Bend, OR. 97701 alanu@co.deschutes.or.us Office: 541-388-6569 Cell: 541-419-0556 From: Dennis Luke Sent: Wednesday, May 27, 2009 10:24 AM To: 'Erica Hagedorn'; Dave Kanner; Tammy Baney; Alan Unger Cc: 'Public Affairs Counsel' Subject: RE: HB 2227 Amendments Erica, the bill still puts a lot of decision making on the State level which greatly reduces the ability of local citizens to take part in the process. In my opinion, and I believe the Board, the bill should die and a interim group put together to make suggestions to the next session or the January session. Again, this bill is like the legislature 5/27/2009 Page 2 of 4 telling Intel that they can not build any more building in Washington County. These are local decision, made by the citizens and their elected representatives, based on local and state law. Dennis R. Luke Deschutes County Commissioner 1300 NW Wall St. Suite 200 Bend, Oregon 97701 541-388-6568 dennisl@co.deschutes.or.us From: Erica Hagedorn [mailto:ericah@pacounsel.org] Sent: Wednesday, May 27, 2009 8:19 AM To: Dave Kanner; Dennis Luke Cc: 'Public Affairs Counsel' Subject: RE: HB 2227 Amendments Thanks. Good comments. Any specific instructions? Erica From: Dave Kanner [mailto:Dave_Kanner@co.deschutes.or.us] Sent: Wednesday, May 27, 2009 8:11 AM To: Erica Hagedorn; Dennis Luke Cc: Public Affairs Counsel Subject: RE: HB 2227 Amendments Erica - The article from this morning's Bulletin is shown below. It includes quotes from Dennis and Alan. I must defer to Dennis as to what the County's official position is on this. Dave Senate panel OKs resort-limits bill Deschutes official worries bill would let irrigation districts veto resort sites By Nick Budnick / The Bulletin Published: May 27.2009 4:OOAM PST At issue A Senate committee approved a bill Tuesday that could block new destination resorts from being built in much of Deschutes County. What's next 5/27/2009 Page 3 of 4 SALEM - A bill that could limit Deschutes House Bill 2227 goes to the full Senate for a vote. County's ability to approve new destination resorts passed its first hurdle in the state Senate on Tuesday. House Bill 2227, which would put new limitations on destination resort developments statewide, was approved by the Senate Environment and Natural Resources Committee, setting the stage for a vote of the full Senate. Among other things, the bill would place limitations on where counties designate land for resorts when remapping county land for zoning purposes. Deschutes County began a remapping process in March, meaning the bill, if it becomes law, could affect where the county allows new resorts in the future. In fact, the bill could make county officials reconsider whether they want to finish their remapping process, thereby avoiding the bill's effects entirely. One provision in the bill would particularly affect Deschutes County. The provision says that resorts could only be sited within irrigation district boundaries if that district does not file an objection. Rep. Brian Clem, D-Salem, who suggested the provision, says it is intended to protect from development farmland such as that served by irrigation districts. Deschutes County Commissioner Dennis Luke, however, has long opposed the bill, saying that all the most likely resort sites in the county fall within boundaries of irrigation districts. A modified version of the bill approved Tuesday is less offensive to him, but he said it still would unfairly give districts a veto power on the county's ability to site resorts. "It's giving one group a veto power that other groups don't have," he said. Rep. Gene Whisnant, R-Sunriver, agreed, saying he fears that if the bill becomes law, irrigation districts could essentially extort monetary concessions in return for allowing resort development. Irrigation district officials could not be reached in time for comment. However, there are indications that at least one of the irrigation districts in Deschutes County would not welcome a resort. On May 18, Jan Lee, the manager of the Swalley Irrigation District, sent a letter to the environmental group 1000 Friends of Oregon saying that in Oregon, irrigation districts lack sufficient protections against destination resorts. Existing Deschutes zoning, she wrote, "would allow a destination resort in almost any place within our district, outside the city boundaries. That creates a substantial impact." When it was first introduced, the bill did not contain the restrictions it does now. It only authorized a study of destination resorts to see what limitations on them would be appropriate. 5/27/2009 Page 4 of 4 Deschutes County Commissioner Alan Unger said he supported the first version of the bill as promoting a broad, thoughtful discussion of the issues around resorts. But he doesn't support the current version. "To me, it makes it more difficult for us all to have that big conversation," he said. Nick Lelack, the county's community development director, noted that the bill's restrictions would only affect Deschutes if it continues redoing its map of where resorts can go. In other words, if the county halts its remapping process, resorts could still be sited with irrigation district boundaries without their consent. The bill now goes to the full Senate for a vote, after which the House of Representatives must vote to concur with amendments made in the Senate. Nick Budnick can be reached at 503-566-2839 or at nbudnick@bendbulletin.com. From: Erica Hagedorn [mailto:ericah@pacounsel.org] Sent: Wednesday, May 27, 2009 7:24 AM To: Dave Kanner; Dennis Luke Cc: Public Affairs Counsel Subject: HB 2227 Amendments Any reaction to those amendments I faxed over yesterday afternoon? We need direction and talking points as soon as possible. Senators were told the amendments "fixed" everything. If they have not, we need to tell them why. Thanks! Erica Erica C. Hagedorn Public Affairs Counsel, Inc. Salem, Ore. Office: 503-363-7084 Cell: 503-544-8973 5/27/2009