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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 0 cs, _ 1) c50 C e 'd a ~ ~~e e_rc e rC, z ~fr~~?'IONFi~L ~~(J 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.