2009-1395-Minutes for Meeting July 08,2009 Recorded 7/27/2009COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS 1~~1 ~OQ9.1395
COMMISSIONERS' JOURNAL
11 jilli I I !11111111111111111111 07/27/2009 08:27:48 AM
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
C> ~
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, JULY 8, 2009
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; David Givans, Auditor;
Sheriff Larry Blanton, Sgt. Gary Decker, and Deputy Jennifer Bewley; Dave
Inbody, Assistant to the Administrator; Timm Schimke, Solid Waste Department;
Hillary Borrud of The Bulletin and a reporter from KOHD TV; and five other
citizens, including Pat Roden of the Humane Society of Central Oregon, and Evan
Getz, a Boy Scout working on his citizenship merit badge.
Chair Baney opened the meeting at 1: 30 p.m.
1. Large Animal Impoundment Project.
Sheriff Blanton said the County owns land near Knott Landfill (about 22 acres
off Rickard Road) that may be suitable to hold livestock that might be
impounded due to a variety of reasons. Whenever large animals need to be
held, suitable locations are needed. Bend Equine and other organizations have
helped in the past.
The Sheriff's Office is working on cleaning up the acreage; the Solid Waste
Department is helping with areas that need heavy equipment used. A new line
item is now in the Sheriff's budget for this purpose. He prefers not to use the
funds for fencing, wiring and other improvements since it will also have to be
used for feeding and animal care when the need arises.
If a large number of animals are seized, he would like to have inmates
participate in their care, with proper supervision. Sgt. Decker is interested in
overseeing this project.
Commissioner Luke said that landfill funds were used to purchase the property.
He asked for input from Timm Schimke. Mr. Schimke stated that it was
purchased as a buffer for the landfill. Some funds have been used for upkeep.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 1 of 10 Pages
He does want current and potential tenants to be aware of the impacts of the
landfill. At some point when the landfill is closed, the property will appreciate
and the Solid Waste Department will benefit from that.
Sheriff Blanton said he has spoken with the current tenant, a veterinarian who
handles small animal respite in the structure, and there is no problem with the
rest of the property being utilized for other things. The poor economy has
impacted a lot of people and the animals are suffering as a result. Large
animals, such as horses, are particularly at risk.
Sgt. Decker presented a photograph of the property and went over some ideas
on how to best and safely use the land. Fencing and gates that are sufficient to
hold animals during offloading is important. A breezeway so that backing up
vehicles would not be necessary would be very helpful. He has gotten some
pricing on heavy-duty fencing that can contain large animals, as well as other
necessary material to improve the property to the point where it can be properly
utilized.
Sheriff Blanton said that sometimes the animals are seized and have to be held
for evidence. His Department does not want to be in the livestock business, but
there will be times when they will be responsible for some. He put $10,000 in
the budget for animal rescue in the current budget, but this was not a part of the
plan at the time. He suggested that they must be ready for rescue or impound
situations. All of the items noted on the handout are needed immediately
except the small tractor.
Commissioner Unger said he supports the project and wants to be prepared. He
asked if there are alternatives, or if this is the most cost effective. Sheriff
Blanton stated that his department has a good working relationship with the
other departments to get it to this point. He feels this is a great opportunity to
get the site ready for something he hopes they do not have to deal with but
likely will have to.
Commissioner Unger pointed out this likely fits in with the long-term goals of
Solid Waste. Commissioner Luke feels that in the long run Solid Waste will
make money on holding this property until the time is right to sell it. It has
been a wise investment.
Mr. Schimke stated that he had hoped to be able to lease out the property for a
monthly income, but the property needed a lot of work to bring it to that level.
The current tenant in the house has remodeled it for small animal rescue and
treatment.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 2 of 10 Pages
Commissioner Baney said that someday the property will be sold or otherwise
used for the benefit of Solid Waste, and everyone needs to be aware of this.
Sgt. Decker stated the current lease contains language that it is to benefit
animals. Deputy Bewley said that the current building needs to have wood
siding on the metal for the safety of the animals.
Sheriff Blanton stated this is a learning experience and there may be other
improvements needed alter.
Pat Roden is very supportive of this project. Her agency has about $1,000 for
large animal care, and she could set up a dedicated, restricted fund for donations
for this purpose as well.
Sheriff Blanton asked for $10,000 for the materials to get the project rolling so
it can be ready as soon as possible. He would be okay with $5,000 now, an
update and field trip, with the rest to follow. Dave Kanner stated that there is
some funding available in the dog control fund.
Commissioner Luke supports funding in the amount of $10,000. Commissioner
Unger said he does as well, but feels the amount might be inadequate. Sheriff
Blanton stated that the departments can work together and figure out ways to
save money. Commissioner Luke said there are a lot of aggregate companies
that are owned by people who are farmers and may wish to donate material.
Mr. Schimke does not want to see a lot of funds put into the property since its
ultimate use is not yet known.
Sgt. Decker said that an unintended consequence of having a facility might be
that more people abandon them. Unfortunately, a lot of animals that are
abandoned have not received the best care and it costs a lot to get them back in
a reasonable condition. Sheriff Blanton stated that he would like to work with
people before the animals are in bad condition, help the people if possible,
monitor the situations and work through it. His department gets a lot of animal
neglect and abuse calls. At some point, his office needs a stock trailer as they
currently have no way to transport them, and they cannot always count on
volunteers.
Sgt. Decker said that it is always less costly to work with individuals to correct
a situation rather than have it end up in the courts.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 3 of 10 Pages
Commissioner Luke stated that perhaps other counties would want to
participate. In addition, if the animals can be released instead of being held up
while a case is going through the legal system, it is much more cost-effective.
Sgt. Decker added that the penalties for these offenses are very minor
considering the impacts.
UNGER: Move that the County expended general funds up to $10,000 for
improvements to this property. The County Administrator will
determine the best source for the funding.
LUKE: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
2. Continued Discussion - Request to Establish Home Rule Charter
Committee.
Commissioner Unger said at one time he felt home rule had a lot of advantages.
He is now wondering what would be solved by it. He realizes that this is a full-
time job, not part-time. There are other considerations. He asked what the
problems are that make some people feel this should change.
He thinks that there is a desire for more regional representation. Perhaps five
instead of three Commissioners would result in a different dynamic. He does
not know how five part-time versus three full-time Commissioners could do the
job. Volunteers do not have the time to deal with all issues that they should.
City Councilors need to examine their volunteer time versus getting paid for
some of what they do.
Commissioner Baney said that partisan and non-partisan can be changed
without changing the form of government. Also, some people have asked for
one at large Commissioner and four others by district.
Commissioner Luke stated that he has examined federal and state law regarding
districts, but there could be a violation of one person, one vote rule. A smaller
population base would have a person representing them but the other population
areas would therefore have less representation.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 4 of 10 Pages
Trying to run a County with part-time oversight does not make sense. Mr.
Kanner stated that in this case, most of the time the Commissioners are not seen
in the community because they are part-time. Commissioner Luke added that
they cannot devote the time needed to the job.
Commissioner Unger stated that he has not seen another structure that would
work. Clackamas County now has five full-time Commissioners at a greater
cost. He does not feel that the higher expense would be justified by the voters.
Commissioner Luke said that this was just voted on a few years ago. They are
being asked to allow this to vote on it again, but the public may not want to
spend what it takes to put this before the voters. The public can proceed
without the County's involvement. However, there is a lot of expense.
Commissioner Unger noted that when comparing the challenges faced by
Deschutes County and other counties, Deschutes County is one of the best
handled. He asked if there is a good reason to start a committee again.
Commissioner Luke stated that some people want this to go forward while
others ask why. Commissioner Baney said that some people want to see a
separation of duties, but there has already been change giving more authority to
the County Administrator and overseeing departments. Some people do not
realize there has been significant change over the past three years.
Mr. Kanner pointed out that Columbia County and a few others with home rule
government are in trouble financially, so it does not guarantee any
enhancements to how things are run.
Commissioner Luke said he does not have a problem with a home rule charter
form of government, but some of it does not make sense. Commissioner Baney
stated that part-time will absolutely not work, and district representation in the
way some people want it is not possible under state law. The citizens might not
even like the person who represents that district, but that person would be their
representative for a period of time, for better or worse.
Commissioner Baney expressed concern about two of the five Commissioners
working out deals on their own to influence a decision, since they would not be
a quorum at that point. Commissioner Luke said that this happens at the state
level all the time.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 5 of 10 Pages
Commissioner Unger stated that he does not feel there is sufficient evidence
that a committee to study home rule and pursue the development of home rule
is needed at this time.
Commissioner Baney said that she is not in favor of putting together a
committee at this point. She would want a lot of limitations placed. She would
actually be in the district that represents south County. She is worried about
time, money, and the current economy. There is a lot going on and nothing she
has seen shows her that this needs to be pursued at this time.
Mr. Fitch had stated that he wants at least an extra four months added for
committee work. County staff would have to be utilized and this cannot be
justified. Right now, the County is holding its own financially, but she is
concerned about future economic impacts. The community has spoken on this
issue already.
Commissioner Unger said that he does not see how what has been proposed is
actually a better form of government, and district representation cannot work
the way some people want it to due to state law.
Commissioner Baney observed that south County citizens are trying hard to
engage, but even if a committee was appointed right away, nothing would
happen fro a couple of years. She hopes some inroads can be made in
partnering with them.
Commissioner Unger stated that if there is a city, they can speak for citizens.
However, south County has thousands of citizens but no real organized voice to
represent them. It would be good to hear from specific individuals representing
the overall population on issues
Mr. Kanner clarified that the Board is not supportive of forming this committee
at this time, and asked that a letter be produced to send Mr. Fitch in this regard.
3. Other Items.
Commissioner Baney said she was contacted by an Elaine Grove regarding a lot
line issue. Mr. Kanner stated that this is not new business and is being
addressed as well as possible.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 6 of 10 Pages
Tom Anderson spoke about the requests for a waiver of food handler fees for
nonprofits. Temporary licenses are issued for food vendors at events. They
have looked at every possible way to cut costs and allow this. Last year the
amount was a little over $10,000 and it was not all used.
Mr. Anderson said that he has a proposal to increase the amount to $40 for
permits as of the first of the fiscal year.
Commissioner Luke said that this same discussion happens each year. It is
similar to the situation with the landfill. Next year could even be lower. He
asked if Mr. Anderson has an amount in mind. Mr. Anderson said that he feels
that they should consider the fixed locations first, and then decide on the others.
Commissioner Baney asked how they can provide lottery funds to one group
and not another. She said that there are several entities helping out the La Pine
Frontier Days. She said the Bend Community Center has several events
scheduled also.
Commissioner Luke feels that the fixed kitchen facilities clearly fill an
important need in the community and should be supported. Mr. Kanner said
that these would cost about $5,000 for the year.
Commissioner Unger noted that these groups provide a lot of good work to the
community. It adds value and he would be disappointed if any of them are lost
because of overhead. A small amount of money might make a big difference to
some of them and supporting them might be a good use of County funds.
Commissioner Luke said that the County just does not have the funds to support
everything that benefits the community.
Upon being asked his opinion, Mr. Kanner said he would give a break to the
fixed kitchen facilities and not the others, because there are a lot of nonprofits
and other groups who need funding as well. It is impossible to try to protect
groups from economic circumstances beyond the County's control.
Commissioner Unger said that a lot of volunteers work on these groups and
where one can handle the expense, it might be harder for others.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 7 of 10 Pages
Commissioner Baney said that one vendor in particular had to pay more
because they did not get their permit within the period of time allotted. This
has no effect on the safety of the food, and the inspection will still happen.
Mr. Anderson stated that the vendor knew of the increased fee for applying late,
and did not follow the rules. If there are a lot of late applications, it will be
impossible for staff to do the necessary inspections in time. Commissioner
Luke stated that it is important to be consistent and not give special treatment to
one group over another because perhaps one group is more vocal. There is no
point in having a rule if it is not going to be enforced equally.
Mr. Anderson pointed out that the fee schedule is set, and he is mandated by the
state to charge a lower amount to these types of groups. His department would
have to absorb the additional expense. The State does not impose limitations as
to the number of events, but says that the County must charge a benevolent rate.
He requested $8,000 to cover the additional cost to his department.
Commissioner Baney felt that the department does not have the funding in its
budget for this type of expense. Commissioner Unger wants to support the
entities and hopes that inroads can be made at the State level to institute change.
Mr. Kanner said that it is too soon to say how many groups will fall into this
category, but it is known that there will some expenses. Commissioner Luke
suggested that the $5,245 is a known expense. Mr. Kanner suggested that they
wait until January to find out what the revenue flow will be.
Commissioner Baney has drafted a letter to Joani Hammond of the Department
of Environmental Quality, suggesting that the DEQ have its own meeting to
learn more about the south County situation before involving the County. The
DEQ picked the date, which is not convenient for the Klamath County
Commissioners to attend as they had wanted.
Commissioner Luke stated there is an AOC meeting later on August 9 and 10 at
which time perhaps representatives of the two counties can meet to discuss this
issue. He is disappointed on how the DEQ has handled this and other issues
over the years.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 8 of 10 Pages
Commissioner Baney emphasized that this is the DEQ's project now and it is
probably best if they meet with the community to find out what they need to
know. It would probably be counter-productive for the County to take an active
role at this time. DEQ representatives have stated that doing nothing about the
water situation is not an option, and they need to be held to this.
She also said that Klamath County was given plenty of opportunities to be
involved and learn about the problem a long time ago, and they chose not to
participate. Mr. Anderson added that staff went to Klamath Falls at one point to
give a full presentation, but it never went anywhere.
Commissioner Unger asked Mr. Anderson asked what the DEQ hopes to
accomplish. They do not seem to have an idea of a solution. Commissioner
Baney said this is their work; they are in charge of environmental quality and
have tracked this for years. The community has been speaking clearly and
loudly about this for a long time. If the DEQ wants to have a meeting to figure
it out and to get more input, they are welcome to do so.
Commissioner Unger said that there should be an identified problem, a solution
available, and measures taken to institute it. Mr. Kanner stated that Community
Development staff is putting together a document detailing DEQ's options and
possible questions to ask them. Commissioner Baney said that this has been
done before. Commissioner Luke added that the County wants to help the DEQ
with its work but the representatives at the DEQ do not seem to know what they
want to do. He is not sure what purpose another meeting of this type would
have.
Commissioner Baney stated that the County wants to take a supportive role but
the DEQ representative has indicated she does not see any action coming out of
this meeting. However, it appears that the DEQ does not seem to know where it
wants to go. They asked Commissioner Baney to decide who would be invited
to give testimony, and she is not comfortable with this, as it is the DEQ's
meeting, not the County's.
Commissioner Unger stated that he hopes the testimony would be accurate,
positive and with a solution in mind. However, a lot of the past testimony has
not been correct nor helpful.
Commissioner Luke stated that if they are going out for public input, it would
be best that the Board not be there. If there can be a meeting to discuss options
and solutions, he would support that. Commissioner Baney agreed that the
County's presence would not necessarily be helpful.
Minutes of Board of Commissioners' Work Session Wednesday, July 8, 2009
Page 9 of 10 Pages
Commissioner Luke stated that the DEQ did the study and research that the
public does not feel is accurate. It also went out to peer review and passed.
Over $5 million was spent on this study, which DEQ supported and wrote but
claimed later knew nothing about. They used funding from a DEQ grant from
the Environmental Protection Agency, with the County doing the legwork as a
contractor. Mr. Anderson added that about $1 million that was originally
earmarked for financial assistance to the community was also spent by the DEQ
for its additional expenses relating to the study.
The consensus was for a letter to go to the DEQ representative indicating that
this should be the DEQ's meeting with the public, with the County not actively
involved in the meeting.
Being no further items addressed, the meeting adjourned at 3:50 p.m.
DATED this 8t" Day of July 2009 for the Deschutes County Board of
Commissioners. a6W11n1X/
Tammy Baney, Chair
ATTEST:
Recording Secretary
136nis R. Luke, Vice Chair
6~A~ -
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 10 of 10 Pages
Wednesday, July 8, 2009
F,
rn
0
o
N
0
h
N
0
1
7
ca
r-4
o
E
a
c
0
0
~
4
J
T~
V
v v
4
\4 1
yhy~
O
Q
[ \
v
~
v
0
•4A
a
a
L
L
Z
s
~
o
Qj
V
.1
Q)
c0
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, JULY 8, 2009
1. Large Animal Impoundment Project - Larry Blanton, Gary Decker
2. Continued Discussion - Request to Establish Home Rule Charter Committee
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.
Deschutes County
Livestock Rescue and Shelter
Want / Price List
31 Livestock Panels Used Rodeo $80 Horse $96 Cattle $147
$2,480 $2,976 $4,704
1,500' No-climb fencing 100' roll $129.95
$1,949
70 Juniper Fence posts 8' posts $8.75
$612
Wire mesh Gates 10' $116.95 16' $164.95
(8) $935 (3) $496
22 Tuff Stuff Buckets 16ga1$10.95
$2,409
Big R Bid (will be adjusted according to items purchased) $12,422
Home Depot (will also be adjusted) $13,328
150 Ton Gravel
897 sq ft cement
$975 (Shevlin)
$3,274 (Bruce Fox)
Livestock Trailer 17' Morgan Ranch Livestock (4 horse) $7,150 (KMR Trailer)
Utility Tractor Kioti KL120 loader (auto) $12,175 (Superior Tractor)
t : 'J
I
_ - ~ stile _
Z.:5 vi vi
61
e
~
rl
0
V
v
~ Q
nOo ~
F-
is ~
w
pC '1
• I ~l tel. CA '122 I '
lid
v
I
r g.
~
I
c
c
O
c
o
. ~i
cd
O U
U V1
N ~
c~ o
Cl
U O
r pa
N
•
Y
~ .
,
w cs
o
.I
6,0
o o
i Q
yy 1
z
S3 E'
1
k
1
p
®
Z
U
Oj
o
O
~
~
O
O
O
O
V
Z
~
_O
y
NN
V
O
N
U O O
4-a a
U cis
w ~ N ~ ~ ~ N roc'
0
o o U
o
o t.
Ln
N
Q Q x
i
i:,x
i
Tuµ
r
,
~,f
f
z
n,
i+
5
U
0 7
O
0
O
~L
o ~
O
O M---I
O
w
n I
O
N O 69
lp N
O N r- M r- 0
N say , 69 E!4 U
64 00 bA
O
U
a
o o o
" U C(i
>
.
V r _
O
J
O
O
O
C
O
O
O Q~
O
O
O
o
c
=
i
`
=
~
,i t o F
6y~
lar
N
,mss
,
I
X14
-
rl
z
b
13'
L
~
J
y
. S
✓o a - -
tt
Gy
t `c..:.~ eN _
r
If
I
vn
ai
°n
y
y
O
U
~i
y C
-
T.
a
N
N
*
N O
v'
O
.-r
o
1
w
N
Ste,
N
0
q>
0
N ICR
-
3
P4
a
w
'R
sn.
"
O
O
-s 3
on
c
to
-0
s~.
°
a>i °
o
y
3 0
'o
-0
0
v
3
on o
0
~
Co U
W
Y
y O
~
O
4r
0
d
^C
/
~
C)
U
V bA
O
03
- -a
rq5
rr
i
fr ~
J
as .k -
IL
t
crs
e sat .
X17 a
` L
t Y ih:
c_ t_
fi
s
r
ry l
rr~ t ;a
o^~
V
a
m
79
Q
c
a~
v
O
a
I J Tr
r 1 i ,c
LKr a
k a v rL r
ylk,
b ~
A I Y l 1.° fen ` A
~ Y
.
w
nr
lit
N
n
~_f
ii"O
a ~
e
6
a
y
U
O
me
W
E
- -fir -
ti
ikk
0, -AT
i # r
: ,
t r
r
1 4411
h
p~
~VeJg
d
W
_ t
r~ f.
s r y,'~ryp ~ t _
-e 1hit'
v
~
ya
~
Y
Afr
n
L
4
ys '
ryy y~ T 4C '1 g 'NT
LpJ f.l i7~ N,~„
6
s t I it v
~.4
~ T k f f '4{ ~WtR
•,F
~A
lie,
FFFttt ~ ~ ~ Y .
o-+r t~, t T t p f t,
1 K r„ a ~s
1 L tJ 1 ~ ~
prr 2 n rid'/'f a7
J_4. 1
~M
9 p I~ .
~ 4'1u
r p'b .,„t ,rf G ~
fi
vu
fir,
CL
Q.
P
-
t 4
r
~f L
o-
~F L k
` 4
;p 4+ r
r~
4
1
t
y^
'LEI
a~
Y,
~.i
s ~
} ~5 a
f i
All
,1 tJ aa
18 ? Sn i.S
t it } Ii fi,
L t t' ~w
i
IN&
r.
y =Ra ~
At~
,Ew~'~'$~~~"t. .7M 'fit'" ~J:q~ ~'-A LY~..itz~,
Q ;a Si rr g 3'f
~ VI
t`
i
l~
-loin
.
q t
.
v
F• yg,¢~ • Via. 'Y a. v.~ .
-
t4
a .
~1143 ~ ~
1 -
ac_ ~~1
t
v
a
~
r
i
1r~
f '
L
r ~ u
t +A .
4 tm~
I t t'
+~z r
v ~ 4 n Y.
1. ,x iJ1 F u£ A 4 ~ . 8