2012-1858-Minutes for Meeting September 26,2012 Recorded 11/26/2012COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS CJ 7017'~B~S
11 !1] 11/26/2012 03:07:04 PM
21
Do not remove this page from original document.
Deschutes County Clerk
Certificate 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.=
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 26, 2012
Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney.
Also present were Erik Kropp, Interim County Administrator; David Givans,
Internal Auditor; and Anna Johnson, Communications. Present for a portion of
the meeting were Sheriff Larry Blanton and numerous members of the Sheriff's
Office; Darryl Nakahira, Legal Counsel; Ken Hales, and other members of
Community Correction.
Also in attendance were Tom Anderson, Nick Lelack, Peter Gutowsky, and
Peter Russell, Community Development; Patrick Flaherty and Mary Anderson,
District Attorney's Office; Susan Ross and Teresa Rozic Property & Facilities;
Marybeth Jaeger, Courts; and Ronda Connor, Personnel. There were ten other
citizens, including media representative Kelly Blyer with KBND and Mac
McLean with the Bulletin.
Chair DeBone opened the meeting at 1:30 p.m.
1. Revisit Jail and Juvenile Detention Project Options.
(This meeting was audio recorded at the request of the Sheriff.)
Mr. Kropp gave some background information on the issue. The Board met and
talked about various options and is working on specific questions. Ms. Ross
will be addressing some of the options.
There was a question as to whether the County still had a thirty-day juvenile
program. It has this program, named "Choices", which is for youth sentenced
for thirty days. It is an individual education/lesson plan. It takes care of the
educational as well as emotional needs. They used to have a thirty-day pod for
a thirty-day program, but it is not like that now.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 1 of 10
Chair DeBone asked what kind of controlled environment is needed for the
program. Mr. Kropp said that there is no physical requirement. It is more in
depth than just the educational component. Mr. Hales added that it is a
sentencing option, specific to detention centers. It empowers the Court to
sentence the kids to thirty days if there is a thirty-day program available. The
Court can order a similar program.
Mr. Kropp stated the next piece is the number of youth in the facility and how
that looks historically. A handout shows youth detention numbers going back
to December 2010. It is broken down into those youth from Deschutes County,
those from Jefferson and Crook counties, how many are pre-trial, their
sentences, male or female, etc., and shows an average daily population.
There were discussions regarding NorCor. A letter from NorCor talks about
availability of juvenile beds, which is somewhat limited. There is some
information about costs and transportation. Mr. Hales received an e-mail from
a NorCor representative, which talks about contracting on a space available
basis at $115 per bed. They do not provide transportation at this time but could
contract with Deschutes County for this. They do not have staff available at
this time to provide those kinds of services.
The Board asked for more information about the downtown juvenile facility
options, such as the costs and general timeline. They discussed a different
option as well, carving out one-third of the west side of the current facility and
using the east two-thirds for adult corrections. The downtown option has an ala
carte menu. It would provide six beds but additional beds could be provided at
varying costs. Commissioner Baney stated that they did talk about the west
wing option, but a different version.
Ms. Ross said they looked at two options and she has the costs and timelines for
both. (She distributed a site plan of the existing downtown facility.) One
version is to move in as-is, which would require no building permit or structural
changes. There are seven sleeping rooms; one a double, so eight beds would be
available. The building meets all the requirements for this kind of facility.
Phase 2 of the downtown option is doing perimeter additions. They would have
four additional sleeping rooms, additional showers, an indoor recreation area
and a multi-purposes room. The multipurpose room would be used for
visitation, counseling, etc. Phase 2 would go into the annex area where the
Watermaster is now. There could be a hearing or staff room, which could act as
a backup courtroom if needed.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 2 of 10
Regarding the Britta Street option, there would be a main front door coming in.
The space currently has three sleeping rooms, but with dorm rooms, they could
put four beds in each room, with additional showers, etc.
One option would be to convert a dorm into two individual cells. The number
of beds would ultimately be twelve in six living units. With single occupancy,
you could have six units. There would be a visitation and classroom area, and
an outdoor recreation area. She indicated that the downtown facility under
phase 1 would take four months to convert. The cost would be about $384,000.
Phase 2 downtown would take about eight months for retrofits to bring it up to
the necessary security level. This would cost around $806,000.
Mr. Hales stated that the most difficult part of the old facility is that there would
be deficiencies, and they would lose teaching resources and there would be no
exercise area. They would also lose natural light. Adjusting the Britta facility
would cost less, and might be more adequate overall. He wants to make sure
they have an appropriate facility.
Commissioner Baney noted that what she likes about the Britta location is that
if they make investments, it is long term, and can be linked into or with the
system and the long-term need for more jail beds. Mr. Hales stated it is not tied
in the same way. It was designed differently. Ms. Ross said that the cost
estimate for Britta includes bringing it up to the right security level. The main
problem is the lack of physical cells.
Sheriff Blanton stated staff has to make it work. He agrees with Mr. Hales that
it would not work properly. The downtown facility could include a courtroom.
Mr. Hales said that even if building out into the hallways, they are still dealing
with an antiquated design and limitations. Ms. Ross stated the building was
built around 1983. It would not interfere with County occupants.
Mr. Hales said that if they go to the expanded option, they would have the
ability to put some kids in a thirty-day program. However, there are problems
going into the old facility. Ms. Ross stated this leads into the study to show
what the need is today and in the future.
Commissioner Baney said the original OMNI report said the County would
eventually need 900 beds. Sheriff Blanton stated they cut this recommendation
into a third of that at the time, but the need increases.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 3 of 10
Commissioner Baney asked for a proposal showing a timeline and which option
is better operationally. They need to make the Deschutes County kids the
priority. She has already heard from three counties asking how this might
affect them, and they would appreciate some certainty, as would the Sheriff's
Office. She needs to know from Juvenile, which one is best.
Commissioner Unger said he supports this concept but is not sure about the
downtown courtroom. He asked if the kids could be in another program. Mr.
Hales noted that detention services a different function in the system than does J
Bar J or other treatment or placement options. Commissioner Baney asked
about in home detention. Mr. Hales replied that it is a useful alternative, but it
is only used pretrial.
Sheriff Blanton expressed concern that they keep talking about four months,
eight months and more, and what they decide is up to them. He does not want
this mulled around longer while public safety is at risk. During the past twenty-
four hours, they took in 35 people, had 23 court appearances and two of those
individuals are public safety issues. He is responsible for this and is growing
tired of delays.
Mr. Flaherty agreed with the Sheriff. The conundrum they are facing is not
about what sort of center to provide, but rather what is a priority for public
safety. Every agency has made it clear that public safety is the number one
priority. It is critical to set a deadline today. During a recent inspection, the
Grand Jury was impressed with how the jail is run with the limited resources
available, but the physical space was a concern. There is no more tweaking that
can be done with the jail as it is. They need a certain deadline.
Commissioner Baney asked that Mr. Kropp come back in a couple of weeks
with information on which option might work the best for all.
BANEY: Move that staff come back in two weeks with options regarding an
interim juvenile facility, and notify County partner agencies
appropriately in advance, that as of July 1, 2013 but possibly
sooner, the County won't be housing other kids unless space is
available. Also, notify the Sheriff that as of July 1, 2013 the
previous juvenile space will be available for his staff.
UNGER: Second.
VOTE: BANEY Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 4 of 10
Commissioner Baney said she feels this needs to go to PSCC. The main reason
is they need to see if the city partners have any changes. Mr. Kropp said it
would be important to see how it impacts them.
Ms. Ross said she would like to discuss the scope of the project. She asked if
everyone had a chance to read it. Mr. Hales said he assumed the scope of the
project was to assess the needs of juvenile services and hit it impacts juvenile
detention. Commissioner Baney asked that they have a least one meeting to get
a pulse from other counties. Ms. Ross said that it could be done.
Commissioner DeBone asked what happens in the middle of the night and there
is nowhere to take them. Mr. Hales said some counties do intake and then place
them somewhere. Commissioner Baney said that is an interim solution. The
priorities are taking care of Deschutes County kids and they should invest in
prevention again. That is her property.
2. Property & Facilities Update:
• Request from Habitat for Humanity -
Teresa Rozic stated that in 2007 Deschutes County donated two lots to Habitat
for Humanity. One of the lots is not affordable to build on so they would like to
transfer the deed restriction to another property. They have a donor lined up
who is willing to make a trade with them. Commissioner DeBone asked if this
would include a clause that states that Habitat will build a house within their
parameters. Ms. Rozic said yes; within ten years or it reverts to the County.
Ms. Ross said staff recommends approval. The consensus of the Board was to
go ahead with the transfer. Commissioner Baney commended Ms. Rozic on her
taking over looking into County properties in 2007 and now they are housing a
family on a piece of property that is essentially surplus that County could not
use. Ms. Ross said they would bring back the legal paperwork at a later date.
• Request to Donate Land to Deschutes County -
Ms. Rozic said Mr. and Mrs. Francis Bortner wish to donate two vacant,
buildable lots in Redmond to Deschutes County. They used to live next to the
lots but do not live there now and do not want to manage the property. The
County can do what they want with the property.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 5 of 10
Ms. Rozic said there is one issue and that is if sewer were not extended to the
area, they would not be buildable lots. Commissioner Unger said they sewer is
coming around the bottom and County can hold them until they find a solution
to release them.
Commissioner DeBone asked if the value was $47,000 each. Ms. Rozic said
yes. Commissioner Baney asked if there were any environmental issues with
the properties. Ms. Ross said she could do minimum level 1 study and bring the
information back.
• La Pine Land Conveyance -
Ms. Rozic said she met with Steve Hasson to clarify the roles and
responsibilities for the conveyance. She said they need direction from the
Board on a couple of items. The high point of the meeting is the estimate for
survey costs for parcels A and B, about $30,000. That is a known. The County
will own timber on the parcel. Will the Board ask La Pine Park and Rec to
reimburse the County? Commissioner DeBone said in the end.
Ms. Ross said before they make the expenditure they are fronting the costs and
someone is supposed to pay for the costs. Ms. Rozic said they need to go into
agreement on how they want to repay the costs. Commissioner DeBone said he
went to a La Pine Parks & Rec District meeting to explain and there will be
expenses incurred.
Ms. Rozic said she will work with County Counsel to do a draft of the
agreement Ms. Rozic said the intention is to transfer the land to La Pine Park
and Rec and to the sewer district. She said can sell the land or take timber off
the land. Commissioner Baney said her intention was not to take anything off
the land. The timber is a great way for them to pay us. Commissioner DeBone
said he did not think they plan on clearing the whole piece of property. Mr.
Kropp aid it is better to transfer the land with timber on it.
Ms. Rozic said the next item is environmental studies. At the first meeting two
years ago, BLM suggested the County may be expected to pay for the studies. The
only number so far is at $32,500. Some of the work has already been done. Ms.
Ross said back then they asked BLM to itemize the costs. Commissioner Baney
asked if City of La Pine and the Park District were willing to pick up costs.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 6 of 10
Commissioner Unger said there needs to be an MOU in place of how to move
forward. He is supportive that staff has the process move forward. Ms. Rozic
said the BLM must comply with standards. She said a public meeting is
tentatively scheduled for October 5. If there is no controversy then they can do
low-level studies. Commissioner DeBone said he would like to know what the
scope would be. Ms. Rozic said the BLM wants to limit the scope. Tom
Anderson said there are also zoning issues.
Ms. Rozic said the BLM is now offering 170 acres that buffer the original 150
acres. They want to convey a total of 320 acres. The 170 acres is buffer
acreage. They will only transfer to the County. Ms. Ross said they should stick
with what is on their plate right now. Commissioner DeBone said in ten or
twenty years from now, it may look different. Ms. Rozic said a decision is
required. Commissioner Baney said they are grateful, but not at this time.
Commissioner DeBone asked about Midstate Electric. Ms. Rozic said they will
convey the 150 acres pursuant to that right of way. They can wait until after the
County owns the property. Commissioner Unger asked if this is a conveyance
where the County will own all properties. Ms. Rozic said under the law, it is
there authority to do it. Two parcels for event lands and sewer.
Ms. Rozic said she would ask for direction on two more points. What is the
role once the County accepts the conveyance? Ms. Ross said once the
conveyance happens, the County is out of it. Ms. Rozic said Will Groves was
at the meeting last week and they did discuss zoning challenges. Commissioner
Unger said once the property is conveyed to the County, can they help with the
environmental issues and then conveys it to the City and the Parks and Rec
District. Commissioner DeBone said once the parcel is created, the Board will
vote to transfer the land to the City and the Park and Rec District.
Ms. Ross said in their audit conducted by David Givans they were asked to
develop a methodology for non-County tenants. They would like to have a
work session with the Board. The Budget Committee wanted to know how they
determine lease rates.
Commissioner Baney left the meeting at this time.
3. Planning Division Work Plan Update.
Nick Lelack went over the planning division work-plan update. He said in
going over the work plan in June, the Board wanted them to come back with an
update on current projects and resources.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 7of10
As far as resources are concerned, Terri Hansen Payne retired this month. Staff
recommendation is that they do not pursue filling her position at this time. The
numbers for planning are remaining low and they feel they are still able to
maintain current levels of service. Some of the resources will free up with the
completion of the South County Plan.
Tom Anderson said the position is in the budget for the year, and they will
decide next spring whether to delete that position. Commissioner DeBone
asked if building starts up again would that make more need for planner rather
than a long-range planner. Mr. Lelack said if there is an uptake in building
permits but not land use applications, they would not necessarily need a long-
range planner.
Mr. Lelack said the options are to identify which projects will be up coming,
determine if Ms. Payne's position will be filled, and come back in January with
an update for the Board. He said the meat of the discussion begins on page five
of the staff report, which are projects not yet begun. Mr. Anderson said for the
statewide planning goal 11, DEQ is trying to decide on the recommendations
and he was not sure how long that would take.
Commissioner DeBone asked if anyone has discussed putting a sewer system in
for Oregon Water Wonderland I. Mr. Anderson said they have expanded it, but
no new systems are in other than what is associated with destination resorts.
Commissioner DeBone asked if there was a precedence set with the OWWII
project. Mr. Lelack said there are some models to review. Commissioner
DeBone asked if any discussions were started. Mr. Anderson said before the
local rule was repealed, there were active discussions about extending
OWWII's system. Mr. Lelack said Ms. Payne had heard from the OWWII
Sanitary Board asking about extending their system.
Mr. Lelack said page six of the staff report discusses large projects. The big
look depends on DLCD. Non-resource lands were the subject of a public
hearing a couple of days ago. It is potentially a big undertaking.
Commissioner Unger asked if they want to do what other counties are doing on
criteria for farm and forestlands. Mr. Lelack said that is their understanding and
the question is what issues do they want to address. Commissioner Baney
asked when they put required over discretionary. Mr. Lelack said they are
required to do this if they are able. That is the key to the required projects.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 8of10
Two of the three could be possible as early as 2013; Deschutes Junction Master
Plan and Deschutes River Woods Community Plan. He said the Horse Ridge
Subzone would be moved down. Mr. Anderson said the Horse Ridge project
has an issue with non-farm dwellings on EFU land. This would initiate code
amendments to the zoning. Some cleanup would be necessary. Commissioner
Unger said it would allow for more residential activity in the area.
Commissioner Unger said he is concerned about safety for Deschutes Junction.
He would like a discussion with ODOT on Gift Road. Peter Russell said there
are properties on and off 97 and they may realign Gift Road. Commissioner
Baney asked if they want to do a transportation plan or look at it on a larger
scale. Mr. Lelack said yes. Commissioner Unger said do they understand the
safety issues there. Commissioner Baney asked if they have to look at other
issues to look at traffic.
Commissioner Unger asked how to implement a transportation system. Mr.
Russell said this is included. They are getting a pushback from the State but
they think the zoning is there. They applied for a grant but the state is not
funding it. Peter Gutowsky said there are transportation plans Peter Russell will
be looking at. He asked if the Board wanted to select one or two.
Commissioner Baney recommended they wait until January.
Commissioner Unger asked about short term. Mr. Lelack said adult
entertainment code amendment, medical hardship dwellings and wildfire
protection text amendments. Mr. Gutowsky said they would need to do some
robust public outreach. Mr. Lelack said the grading ordinance would have
significant opposition. He said most cities have a grading ordinance; most
counties do not. It would be very controversial. Mr. Lelack said they could go
over the items further in January and staff will have some recommendations for
the Board by then.
4. Health Benefits -
Ronda Connor said they are implementing benefit changes voted on in July,
which are Amendments #11 and #12 to the plan. Mr. Kropp said on procedures
some items are not medically necessary. If there is a question, the employee can
make an appeal to the County. EBMS sends it out for additional medical
information and the employee appeals to a panel.
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 9 of 10
They are proposing the process have an outside review. If it gets to the County
Administrator, he can hand it off for another review. The employee can appeal
to a state agency. Ms. Connor said this is a more professional way to handle
appeals. She is requesting Mr. Kropp's signature on the amendments.
UNGER: Move approval to changes addressed in Health Benefits Plan
Amendments #I I and # 12.
DEBONE: Second
VOTE: UNGER: Yes
DEBONE: Chair votes yes.
5. Other Business -
Commissioner DeBone said EDCO will be having a public meeting, but he will
not be able to attend, as he will be going to the SAR event. Commissioner
Unger said he was attending the SAR event as well.
Commissioner DeBone said he would be attending a meeting tonight on
Altarock Enhanced Geothermal Systems.
Being no further discussion, the meeting adjourned at 4:30 p.m.
DATED this Day of
Deschutes County Board of Commissioners.
2012 for the
Anthony DeBone, Chair
441t- uew
Alan Unger, Vice Chair
ATTEST:
Tammy Bandy, Com i sioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 10 of 10
They are proposing the process have an outside review. If it gets to the County
Administrator, he can hand it off for another review. The employee can appeal
to a state agency. Ms. Connor said this is a more professional way to handle
appeals. She is requesting Mr. Kropp's signature on the amendments.
UNGER: Move approval to changes addressed in Health Benefits Plan
Amendments #I I and # 12.
DEBONE: Second
VOTE: UNGER: Yes
DEBONE: Chair votes yes.
5. Other Business -
Commissioner DeBone said EDCO will be having a public meeting but he will
not be able to attend, as he will be going to the SAR event. Commissioner
Unger said he was attending the SAR event as well.
Commissioner DeBone said he would be attending a meeting tonight on
Altarock Enhanced Geothermal Systems.
Being no further discussion, the meeting adjourned at 4:30 p.m.
DATED this / Day of
2012 for the
Deschutes County Board of Commissioners.
Anthony DeBone, Chair
ATTEST:
Recording Secretary
Alan Unger, Vice Chair
Tammy, aney, Comm 'over
Minutes of Board of Commissioners' Work Session Wednesday, September 26, 2012
Page 10 of 10
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, SEPTEMBER 26, 2012
1. Revisit Jail and Juvenile Detention Project Options
2. Property & Facilities Update:
• Acceptance of property donation in Redmond
• Transfer of deed restriction for property that was donated to Habitat for
Humanity
3. Planning Division Work Plan Update - Nick Lelack
PLEASE NOTE: At anytime 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), litigation, ORS 192.660(2)(d), labor negotiations; 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 roams at
1300 NW Wall,*_ Bend, unless otherwise indicated. Ifyou 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.
WORK SESSION - BOARD OF COMMISSIONERS
SIGN-IN SHEET
Date: September 26, 2012
Name (Please Print)
Zq a c A e, V, Y C., -
Department
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September 24, 2012
Ken Hales, Director
Deschutes County Community Justice
63360 Northwest Britta Street #1
Bend, OR 97701
Dear Mr. Hales,
NORCOR
CORRECTIONS FACILITIES
Gilliam - Hood River - Sherman - Wasco
Juvenile Detention
211 Webber Road
The Da11es, OR. 97058
(541) 298-1447
Fax (541) 298-1258
This letter is to communicate the capacity and interest in supporting juvenile detention services
throughout the Central and Eastern Oregon region. Recently, the questions have been asked about
capacity of the 32 bed juvenile detention facility located at the Northern Oregon Regional Correctional
Facility (NORCOR). It is the direction of the Juvenile Director's Oversight Committee that we maintain a
balance of contracted beds, treatment beds, and beds available for the participating counties. Over the
past year, as part of the overall NORCOR complex, a 12 bed BRS program operated parallel within the
detention facility. This additional usage created issues of overcrowding and local detention decisions
based on lack of space. It is the intent with the placement of this program in the newly remodeled work
release center to not create another situation pushing the maximum capacity of the facility.
NORCOR could offer Deschutes County a contract for beds based on a space-available basis, or a small
number of guaranteed beds with space-available beyond the guarantee. There is an anticipated increase
in bed usage from additional counties that used to contract with Deschutes County, so the guarantee
would -have to be negotiated at regular intervals based on trends and local usage needs.
Finally, it is very important to the Juvenile Directors that we, as a region, work together to ensure tools
available to each of our departments to protect the public, ensure appearances for court and protect the
victim. There is a key value to having access to detention services within the central region of Oregon.
The juvenile directors of the NORCOR region want to support Deschutes County in maintaining and
creating a strong' juvenile justice continuum.
Sincerely,
A
Molly Rogers, MJM
Chair, Juvenile Board
Wasco County Youth Services
Deirdre Kasberger, Director
Hood River Community Justice
am&+Px. o&,A.acn9z
Amber DeGrange, Director
Sherman County Juvenile Department
Vicki Winters; Director
Gilliam County Juvenile Department
Deschutes County
Breakdown of Juvenile Detention Numbers
Population on the first day of the month: September 2010 - September 2012
Day
Deschutes
County
Other
County
Pretrial
Sentenced
I-Sep-12
7
6
11
2
I -Aug-12
6
7
11
2
1-Jul-12
10
3
11
2
I-Jun-12
6
2
6
2
1-May-12
17
2
18
1
I-Apr-12
11
4
8
7
1-Mar-12
6
4
10
0
1-Feb-12
10
2
9
3
1-Jan-12
9
2
10
1
1-Dec-11
10
1
8
3
1-Nov-11
9
1
8
2
1-Oct-11
16
2
17
1
I-Sep-11
11
3
13
1
I-Aug-11
13
3
15
1
1-Jul-11
10
2
10
2
1-Jun-11
14
5
13
6
1-May-11
13
5
16
2
1-Apr-11
8
3
9
2
1-Mar-11
15
1
15
1
1-Feb-I1
10
3
12
1
I-Jan-l1
14
2
12
2
I-Dec-10
9
2
10
1
1-Nov-10
14
4
15
3
1-Oct-10
12
2
13
1
1-Sep-10
19
1
17
3
Female
Male
Total
3
10
13
0
13
13
1
12
13
3
5
8
6
13
19
4
11
15
3
7
10
2
10
12
3
8
11
1
10
11
2
8
10
2
16
18
5
9
14
4
12
16
3
9
12
4
15
19
7
11
18
1
10
11
5
11
16
1
12
13
2
12
14
5
6
11
3
15
18
2
12
14
2
18
20
Average Daily Population
Year
2007
2008
2009
2010
2011
YTD
2012
.
Average Daily Population
24
22
21
17
15
13
W-V ;
LOAN
I
I~
I
AVE ~ iy ~
SW-BENTWOOE DR \
~ r
-JUVENILE-DETENTION COST ANALYSIS
Prepared September 26, 2012
Downtown Center
Phase 1(move in as-is, no structural changes)
2,900 sq ft + 4,000 sq ft in Annex
4 months to move-in
Admin
14,000
Sleeping Rooms
14,000
Juvenile Processing
6,600
Programs/Dayroom
30,000
Security Doors Replacement
95,000
General Building Systems & Corridors
73,000
Security System
73,000
Furnishing Allowance
25,000
Site Development Allowance
18,000
Contingency
35,000
383,600
Downtown Center
Phase 2 (add intake, 4 sleeping rooms, rec room, & multi-purpose room)
5,760 sq ft + 4,000 sq ft in Annex
12 months to move-in
Intake (includes 2 rooms & secure sallyport)
303,000
4 Sleeping Rooms
95,000
Rec Room
363,000
Multi-purpose Room
31,000
Annex Renovation (offices, courtroom, break)
300,000
Site Development Allowance
100,000
Contingency
120,000
1,312,000
Britta Street Alternate School Area
4,200 sq ft + 2,000 sq ft courtroom
8 months to move-in
Intake/Processing/2 Single Cells
63,000
Retrofit Existing Space to Security Level
114,000
Classroom/Visitation Security Level
66,000
Outdoor Recreation
400,000
Building Systems
88,000
Contingency
75,000
806,000
MEMORANDUM
TO: Susan Ross
FROM: Teresa Rozic
DATE: September 26, 2012
RE: Property Management Items for 9/26/12 Work Session
Request from Habitat for Humanity
In 2007 Deschutes County donated two lots to Habitat for Humanity. At the time,
the Executive Director felt that both lots were appropriate for their building
program. Recently, we heard from the current management that one of the lots
is not affordable to build on. They ask that the BOCC transfer the deed
restriction to another property. They have a donor lined up who is willing to make
a trade with them. All the details are contained in the attached file.
Request to Donate Land to Deschutes County
Mr. and Mrs. Francis Bortner wish to donate two vacant, buildable lots in
Redmond to Deschutes County. They used to live next to the lots but now they
live in Bend. They told me that they do not want to manage the property any
longer. Their recent attempt to sell one of the lots fell through. They clearly
stated that they don't care what the county does with the property (donate or
sell). Map attached.
La Pine Land Conveyance
I met with BLM and Steve Hasson yesterday to clarify roles and responsibilities
for the conveyance. We need direction from the BOCC on a couple of things.
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www,co.deschutes.or.us/cdd/
MEMORANDUM
DATE: September 19, 2012
TO: Board of County Commissioners
FROM: Nick Lelack, Planning Director
Peter Gutowsky, Principal Planner
RE: Planning Division Work Plan Update
Summary
The purpose of this memorandum is to update the Board of County Commissioners (Board) on the
Planning Division's annual work plan in light of Terri Payne, Senior Long Range Planner's recent
retirement.
Based on staffing resources after the retirement, the Planning Division still has capacity to maintain
current land use application review services, complete long range projects in process, and perform
ongoing coordination responsibilities and special projects. In addition, upon the conclusion of the
Regional Economic Opportunity Analysis and adoption of the Newberry Country: A Plan for
Southern Deschutes County in early 2013, the Division will have the ability to initiate a new larger
scale project or multiple smaller scale projects.
Staff recommends not filling the Senior Planner vacancy at the current time due to the continued
slow pace of land use applications received by the Community Development Department (CDD),
and the corresponding revenue. It is anticipated that this retirement will save approximately
$74,600 in the current fiscal year.
The memorandum summarizes:
A. Planning Division's current resources;
B. Status and timelines of existing projects;
C. Adopted work plan projects not yet begun and estimated timelines and resource
requirements; and
D. Ongoing coordination responsibilities and special projects.
Board Direction
Staff seeks direction from the Board on priority projects for the rest of Fiscal Year (FY) 2012/2013
and resources available. The following options are available:
1. Discuss and identify which priority project(s) the Planning Division will initiate in early 2013 with
existing resources (not filling the planner vacancy and not using the anticipated savings for
consultant services).
Quality Services Performed With Pride
2. Discuss and identify which priority project(s) the Planning Division will initiate in early 2013 with
additional resources - either filling the planner vacancy or using the anticipated savings for
consultant services. This option provides opportunities for the Division to initiate additional
projects.
3. Do not fill the planner vacancy and return in January 2013 at the conclusion of the Regional
Economic Opportunity Analysis to revisit Planning Division's capacity to take on new projects.
A. Planning Division Resources
Table 1 below provides the Planning Division's FY 2012/2013 budget. It is anticipated that the
Senior Planning position, if left unfilled, will save approximately $74,600.00 in the current fiscal
year. First quarter financial results will be available in October, but early indications are that
planning revenues are coming in below budget.
Table 1 - Planning Division FY 2012/13 Budget
Direct Expense
Indirect Expense
Revision
Totals
Current Planning
$642,315.00
$245,789.00
$888,104.00
Lang Range Planning
$463,401.00
$145,009.00
($74,600,00)
$533,810.00
Total
$1,105,716.00
$390.798.00
$1,421,914.00
Table 2 below summarizes the Planning Division by person, position, and priority project or special
area of responsibility. It does not include all tasks performed by each staff member or the Division,
such as writing land use decisions and recommendations among other permits (noise, outdoor
mass gathering, etc.), serving as the counter planner, internal coordination, or participating on
numerous regional and statewide committees.
Table 2 - Planning Division Staff
Staff
Position
Priority Project / Special Area of Responsibility
• Policy and technical guidance and support for Long-range and
Current Planning
• Staffs Planning Commission and Historic Landmarks
Commission
• Analyzes and coordinates responses to Oregon legislative land
Nick Lelack
Planning Director
use bills
• Deschutes River high flows, Harper Bridge, Sisters Airport,
Redmond Southwest Area Plan, Bend Airport Master Plan, and
other coordination duties
• Supports Properties and Facilities Department on the Old
Demo Landfill Development Plan, and Solid Waste Department
on the Knott Landfill public outreach program
Current Planning Section
Kevin Harrison
Principal Planner,
Current Planning
Reviews all land use decisions and recommendations
Paul Blikstad
Senior Planner
• Addressing
-2-
Table 2 - Planning Division Staff
Staff
Position
Priority Project / Special Area of Responsibility
• Serves as County's Floodplain Manager
Will Groves
Senior Planner
• Provides support for Deschutes River high flows project
• Provides support for Harper Bridge project
• Serves as staff coordinator with Historic Landmarks
Cynthia Smidt
Associate Planner
Commission and State Historic Preservation Office
• Provides support for Harper Bridge project
L
-
ong Range Planning Section
• Regional Economic Opportunity Analysis
• Sage grouse coordination
Peter
Principal Planner,
• Newberry Country: A Plan for Southern Deschutes County
Gutowsky
Long Range
Knott Landfill public outreach
City coordination (City of Bend growth management)
• Portland State University Housing Unit & Population
Questionnaire
• Bend Airport Master Plan
Senior
• Traffic Study Code Amendment
Peter Russell
Transportation
• System Development Charge (SDC) Update
Planner
• Update Deschutes County Bicycle Guide
• Tumalo Trail Conditional Use Permit Application
Administrative Support
• Primary administrative secretary for the Planning Division
Sher Buckner Administrative • Prepares, mails, scans all current and long range planning
Secretary documents including notices, staff reports, and decisions
• Serves as the Planning Commission secretary
B. Existing Planning Projects
Table 3 describes the Planning Division's projects referenced above.
Table 3 - Existing Planning Projects
Project Description Estimated
Completion
Newberry
Country:
A Plan for
Southern
Deschutes
County
Long Range Emphasis
Two public hearings are scheduled before the Planning Commission
on.
• October 25, 2012 in La Pine
• November 8, 2012 in Sunriver
4 to 6 months
Following the public hearings, the Commission may conduct (March 2013)
additional hearings or work sessions. The Planning Commission will
make a recommendation to the Board, likely in December or
January, followed by Board public hearings.
-3-
Table 3 - Existing Planning Projects
Proj'
ct
Description
Estimated
Completion
The Land Conservation and Development Commission (LCDC) will
consider amendments to administrative rules to recognize Central
Oregon's short-term need for large lot employment land. LCDC's
Regional
public hearings on the proposed rules are scheduled for:
Economic
. Thursday, September 27 in Redmond.
3 to 4 months
Opportunity
. Thursday, November 15 in McMinnville.
(January 2013)
Analysis
Once LCDC adopts the rules, Deschutes County will adopt a new
ordinance justifying in its Comprehensive Plan, Central Oregon's
short term need for six sites. Optimally, a hearing before the Board
of County Commissioners will occur in mid-December or January.
This past summer Deschutes County signed a Memorandum of
Sage Grouse
Understanding with the Bureau of Land Management (BLM) to
Coordination
become a cooperating agency. BLM is conducting an environmental
24 months
Cooperating
analysis and preparing a draft and final programmatic Environmental
(Sept. 2014)
Agency
Impact Statement (EIS) for amendment of federal land use plans to
incorporate conservation measures for the Greater sage-grouse in
Central and Eastern Oregon.
The state of Oregon is working with local and federal agencies and
private partners to undertake efforts that will sufficiently protect Sage-
grouse in Oregon from the threat identified by the USFWS and
Sage Grouse
NMFS. Sage-grouse Conservation Partnership (SageCon), an
Coordination
Oregon Solutions Project convened by the Governors Office, BLM
and the Natural Resource Conservation Service (NRCS), is currently
Harney County
underway to establish an all-lands approach to managing Sage-
8 months
Sage-Grouse
grouse habitat.
(May 2013)
Conservation
Partnership
The purpose of this Department of Land Conservation and
Development (DCLD) Grant project is to complement the SageCon
effort by facilitating a regional approach for the consideration of local
land use planning policies to protect Sage-grouse habitat identified in
Oregon's Sage-grouse Conservation Strategy. Harney County is the
project manager.
-
Transportation Emphasis
Deschutes
The purpose of this project is to update the County's 10-year old
-
County Bicycle
bicycle guide with Bicycle Pedestrian Advisory Committee (BPAC),
4 to 6 months
Guide
as called for in the newly adopted Transportation System Plan.
(Spring 2013)
-4-
Table 3 - Existing Planning Projects
Project
Description
Estimated
Completion
System
Planning staff is assisting the County Road Department in reviewing
Development
and revising as necessary the County's transportation SDC based on
4 to 6 months
Charges
the projects identified in the Transportation System Plan, Table
(Spring 2013)
(SDCs)
5.331, "County and Highway Road Projects."
-
Currently, County traffic study requirements are located in Deschutes
County Code (DCC), Title 17. This part of Title 17 deals with
Traffic Study
subdivisions and master plans, although the traffic study requirement
Code
is cross-referenced in Site Plan Review at DCC 18.124.080(J) under
4 to 6 months
Amendment
Other Conditions. Placing the traffic studies' requirement in a stand-
(Spring 2013)
alone section will alleviate any potential confusion. Some applicants
have argued the traffic study requirements do not apply to them if
their land use was not a subdivision.
Tumalo Trail
The Road Department and. Planning Division successfully competed
Land Use
for a Recreational Trails Program grant from the Oregon State Park
4 to 6 months
Application
and Recreation Department. Planning staff will prepare for the Road
(Spring 2013)
Department the conditional use application to construct the trail.
C. FY 2012-13 Projects Not Yet Begun
Table 4 provides an overview of projects listed in the Planning Division's adopted FY 2012-2013
Work Plan but not yet initiated due to available resources. Project rankings, shown as "required,"
"priority" and "discretionary" are referenced that way in the Work Plan to underscore their relative
importance. The projects are not listed in priority order within each category.
Table 4 - FY 2012/2013 Planning Projects Not Yet Begun and Status
Work Plan Priority,
Project Description Est Timeline and
Resources
Larger Scale Projects
Support the Department of Environmental Quality (DEQ) led
South Deschutes/North Klamath Groundwater Protection
Statewide Project, and initiate implementation of recommendations in o Required
Planning Goal 11 collaboration with state agencies, residents and stakeholders, o 6 -12 months
(Public Facilities) and upon direction by the Board. This project may consist of o 0.35 FTE
supporting, coordinating or leading a process to apply for an
Exception to Goal 11 to permit sewers in rural areas.
1 This project would not be initiated until the DEQ Advisory Committee completes its final report and DEQ has evaluated
and endorsed the report's recommendation. It is expected that DEQ will make a formal request to the Board to initiate
this and possibly other recommended projects.
-5-
Table 4 - FY 2012/2013 Planning Projects Not Yet Begun and Status
Work Plan Priority,
Project
Description
Est. Timellne and
Resources
Implement the Big Look Task Force recommendations in
o Required
House Bill (HB) 2229, including Section 36, if authorized by
o 18 - 24 months
Big Look (HB
the Land Conservation and Development Commission (LCDC)
o 1
25 FTE
may
2229)
in coordination with. DLCD. DLCD is not expected to have the
.
,
Implementation
resources available to undertake HB 2229 implementation
require
consultants
with Deschutes County until the Southern Oregon Pilot Project
,
and GIS
to examine farm and forest definitions is completed.
The program would be comprised of criteria, procedures and a
new Comprehensive Plan Map designation for areas with
exceedingly low capacity to be managed for commercial
agricultural and forestry activities that do not deserve to be
o Required
Non-Resource
protected for resource (farm or forest) uses, but do not qualify
o 18 - 24 months
Lands Program
for an exception to the applicable statewide planning goals
o 1.25 FTE and
and implementing administrative rules. Eligible property
GIs
owners would then be able to utilize this new program to
change the designation of their lands to a new Non Resource
Lands designation.
-
Deschutes
o Priority
Junction Master
Initiate a Deschutes Junction Master Plan process.
0 18 24 months
Plan
o 1.25 FTE and
GIS
Deschutes River
o Discretionary
Woods
Develop a Deschutes River Woods Community Plan.
o 18 - 24 months
Community Plan
o 1.25 FTE and
GIs
Horse Ridge
Develop and initiate a work program to review and update the
o Discretionary
Subzone
Exclusive Farm Use (EFU) Horse Ridge Subzone, including
o 9 -12 months
provisions for non-farm dwellings
o .15 FTE
o Discretionary
Update Goal 5
0 18 24 months
Inventory of
Develop a work program to update Goal 5 inventory of natural
0 1.25 FTE, may
Natural & Cultural
and cultural resources.
require
Resources
consultants,
and GIs
Smaller Scale Projects
Review Fees for The Board directed the Planning Division to evaluate fees for o New
Limited Site Plan minor Site Plan Reviews, and to add it to the annual work o 4 to 6 months
Reviews plan. o 0.25 FTE
Initiate a text amendment to prohibit the issuance of land use
Code Enforcement
and building permits if a property has a pending code violation
o New
Text Amendments
or is in violation with conditions of approval from a prior land
o 4 to 6 months
use decision.
o 0.15 FTE
Small Destination
R
t
Initiate text amendments to allow small destination resorts,
o New
esor
Amendments
and/or revise destination resort siting criteria.
o 4 to 6 months
o 0
20 FTE
.
-6-
Table 4 - FY 2012/2013 Planning Projects Not Yet Begun and Status
Work Plan Priority,
Project
Description
Est. Timeline and
Resources
Initiate adult entertainment and adult-oriented business code
amendment, to create clear and objective standards that are
Adult
content neutral and do not restrict free expression, to separate
o New
Entertainment/
such uses from religious and educational uses. Adult
o 9 -12 months
Business
entertainment and adult-oriented businesses would exhibit the
o 0
15 FTE
Amendments
same high standards of site planning and landscape
.
management zone requirements as all commercial or
industrial developments
Medical Hardship
Initiate a text amendment to address medical hardship
o New
Amendment
dwellings and building height measurement methods for
o 6 - 9 months
consistency with the Building Code.
0 0.15 FTE
Wildfire. Protection
Add standards and criteria that require defensible space for
o New
o 6 - 9 months
Text Amendments
wildfire protection.
0
15 FTE
o
.
Work with the Building Division to investigate the potential
o New
Grading
benefits and drawbacks of adopting a County Grading
o 9 -12 months
Ordinance
Ordinance, and assist in the process to develop and adopt
o 0
15 FTE
such an ordinance if directed by the Board of Commissioners.
.
D. Ongoing Coordination Responsibilities / Special Projects
Planning staff coordinates with Bend, La Pine, Redmond and Sisters as required by state law in
addition to other regional projects, as shown in Table 5 below. The table provides a summary of
CDD's significant planning and transportation-related coordination activities. These activities fluctuate
prior to and during legislative sessions, and as cities request County assistance in pursuing growth
management and/or airport-related projects.
Table 5 - Statutory / Regional Coordination Duties / Special Projects
Project
Description
Bend Airport Master
Coordinate with the City to update the Airport Master Plan, and update the
Plan
County's Comprehensive Plan to incorporate.
City of Bend
Coordinate with the City to complete Urban Growth Boundary (UGB)
Growth Management
Amendment. Upon state acknowledgment of a UGB amendment, discuss
initiating an Urban Reserve Area (URA) work program for the City of Bend.
Support County's Property and Facilities Dept, to amend the Bend Area
Old Demolition Landfill
General Plan Map designation and zone map amendment for the Demolition
Development Plan
Landfill on the west side of Bend from Public Facilities and Surface Mining
&
designations to mixed use zones.
Knott Landfill Public
Support the County's Solid Waste Dept. efforts to conduct a robust public
Outreach
outreach program to engage residents and stakeholders in a discussion about
the potential for renewable energy stemming from the landfill.
-7-
Table 5 - Statutory / Regional Coordination Duties / Special Projects
Project
Description
In August, the Board directed staff to help facilitate a public meeting to address
questions/issues raised about high summer flows in the Deschutes River. Staff
Deschutes River High
is coordinating with all of the participating organizations - Oregon Water
Water
Resources Department, Bureau of Reclamation, Deschutes Basin Board of
Control, and Deschutes County to plan/prepare for a public meeting
anticipated for later this fall. The group will discuss meeting logistics - where
and when to meet, meeting format and length, public notification, etc.
Coordinate with property owners, residents, river users, state agencies,
Harper Bridge
Sunriver, and other stakeholders to develop a solution for safe river access in
the Harper Bridge area.
Provide staff to the Historic Landmarks Commission for any county related
Historical Landmarks
applications or policy issues. Certified Local Government (CLG) grants
Commission
administered with the State Historic Preservation Office (SHPO) are
announced in November 2012. Grant applications are due in January 2013,
awarded in March, and then administered through August 2014.
Oregon Department of
Participate in ODOT funded refinement planning projects for Highway 97 and
Transportation (ODOT)
Highway 20. These projects may include planning for U.S. 97 at the north end
Refinement Planning
of Bend, Quarry Road interchange and the Wickiup Junction interchange or
Projects
bypass.
Coordinate with local, state and federal agencies through the Deschutes
County Bicycle and Pedestrian Advisory Committee to develop a regional trail
Regional Trail Plan
plan. Upon completion of a trail plan, amend the TSP to include the routes.
Also work with the Bicycle and Pedestrian Advisory Committee to develop an
online trail guide.
Sisters Airport
Support to the City of Sisters and Sisters Airport owners to expand the Sisters
UGB to include the airport property
City of Redmond
Participate in the City of Redmond's newly initiated Southwest Area Plan on
Southwest Area Plan
lands around the new Ridgeview High School in the City limits, UGB and
Urban Reserve Area.
-8-
Table 5 - Statutory / Regional Coordination Duties / Special Projects
Project
Description
• Association of Oregon County Planning Directors
• Bend Airport Master Plan Update Technical Advisory Committee (TAC)
• Bend Metropolitan Planning Organization TAC
• Central Oregon Area Commission on Transportation TAC
• Central Oregon Transportation Options Plan TAC
• Deschutes County Bicycle and Pedestrian TAC
• Deschutes River Mitigation and Enhancement Committee
• Governor's Urban Growth Advisory Committee
• Highway 97/20 Project TAC
• La Pine Transportation System Plan (anticipated)
• Oregon Chapter of the American Planning Association Spring 2013
Committees
Conference Program Committee
• Oregon Planning Institute Program Committee
• Planning representative on regional water planning discussions, headed by
irrigation districts, Central Oregon Intergovernmental Council, Oregon
Consensus and others
• Project Wildfire
• Regional Economic Opportunity Analysis Advisory Committee
• Southern Deschutes County / Northern Klamath County Groundwater
Protection discussions with DLCD, DEQ, and DEQ Advisory Committee
• South Redmond Collaborative Group
• US 20 in Tumalo Project TAC
• Wickiup Junction/97 TAC
• Others
-9-
Staff Report
Date: September 24, 2012
To: Board of County Commissioners
Erik Kropp, Interim County Administrator
From: Ronda Conno .
Subject: Health Benefit Plan Document Amendments 11 and 12
Every year, our health benefit plan is evaluated for compliance with State and Federal
regulations and cost containment methods. The Patient Protection and Affordable Care Act
(PPACA) requires all health plans to implement the mandated changes on the prescribed
schedule. Once these items are reviewed for legal compliance and approved in concept by the
Board of County Commissioners, they must be written into our health benefits plan document by
way of an amendment.
Amendment 11 to the Plan Document and Summary Plan Description for Deschutes County
Employee Benefit Plan contains the following provisions:
On July 16th, 2012 the Board voted to implement the following changes recommended by the
Employee Benefits Advisory Committee:
• Remove deductible carryover provision
• Change dental visit co-pay for non- preventive services to $25
The most significant items included in Amendment 11 as mandated by PPACA are:
• Modify Preventive Women's Health Care to match current requirements according to the
U.S. Preventive Services Task Force
• Modify the prescription Drug Benefit to match current PPACA requirements including
tobacco cessation products, folic acid, OTC contraceptives, Aspirin, Iron supplements,
and Fluoride supplements
Other changes to the Plan Document address such issues as clarifying pre-notification
requirements, clarifying ineligible services, clarifying extension of coverage for employees on
military leave an other housekeeping issues. For the detail of these changes, please refer to the
Amendment.
Amendment 12 to the Plan Document and Summary Plan Description for Deschutes County
Employee Benefit Plan contains a revised process for appeals of claim and coverage
determination. This Amendment modifies the Level II process to a written letter from the
claimant to the Plan Administrator. The Plan Administrator will make either make a
determination on the appeal if the appeal warrants it or delegate the review to an Independent
Review Organization. Level III has been modified to bind the Plan to the decision made by
either the Department of Consumer and Business Services or their designee.