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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. 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