2013-1083-Minutes for Meeting July 10,2013 Recorded 7/29/2013COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERK RECORDS CJ X013.1083
11COM1MISSIONERS'11JOURN
liiA iiu L 07/29/2013 10:33:21 AM
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Deschutes County Clerk
Certificate Page
< Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org,
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 10, 2013
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger and Anthony DeBone; Commissioner
Tammy Baney was out of the office. Also present were Tom Anderson, County
Administrator; Erik Kropp, Deputy County Administrator; George Kolb, Road
Department; Tom Kuhn, Health Services; Mark Pilliod, County Counsel; and
seven other citizens.
Chair Unger opened the meeting at 10: 00 a. m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Citizen Mark Reddick said he lives within the City of Bend, but owns land on
Hopi Road in Deschutes River Woods. His mother, Virginia Reddick, was
instrumental in founding the new Senior Center in Bend. She passed away and
he was left with her property on Hopi.
He said the road is in poor shape and a hazard. He worries about anyone using
that road. Fire and Rescue would find it difficult to navigate. He would like to
see it graded. He was told that the dirt roads are public land and not the
responsibility of the County.
Chair Unger said there are 900 miles of roads and different classifications.
George Kolb explained the road is not built to County standards and by statute,
the County cannot expend funds on these roads. This road was not accepted
into the maintenance system. Residents need to get a contract together and get
some gravel down. The County cannot expend dedicated road dollars on these
access roads.
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 1 of 7
Mr. Reddick asked what it means by being public property. Mr. Kolb said these
roads are a public right-of-way. Property taxes do not go to road maintenance.
Most funding comes from the federal government and State gasoline taxes. Mr.
Reddick asked if grading is allowed. Mr. Kolb stated that some people will
grade it, but if they lower the road bed, it is then subject to flooding.
Mr. Reddick stated that there are few residents on Hopi. Mr. Kolb said that
residents can go through a process to work together to improve their local
roads.
Chair Unger suggested that Mr. Reddick speak with Mr. Kolb at length
separately to find out what his options are. Mr. Reddick asked if the road can
be paved, will the County doing snow plowing. Mr. Kolb stated that most of
this is done by contract.
No other citizen input was offered.
3. Before the Board was a Public Hearing, and Consideration of Board
Signature of Order No. 2013-030, Approving Ambulance Service Area
Application Recommendations, Effective July 1, 2013 through June 30,
2018.
Tom Kuhn of Health Services and as the ASA Administrator said they are
following through the process to define the ASA and review applications. There
was an open application process, with proper notice and hearings per statute.
Doug Kelly of Redmond Fire and Rescue also came before the Board and said
he was available to answer questions.
Chair Unger opened the public hearing at this time. Being no testimony offered,
the hearing was closed.
DEBONE: Move signature of Order No. 2013-030.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
4. Before the Board was Consideration of Board Signature of Order No.
2013-028, Directing Various Utilities to Relocate their Facilities within the
Right-of-Way on Deschutes Market Road and Yeoman Road.
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 2 of 7
Mr. Kolb said that Bend Metro Park and Recreation District got approval to
develop the Bend Pine Nursery property. Part of this approval was to improve
access and add two turn lanes.
The utilities located there have to be moved, but the question in this case is who
pays for it. He has worked with County Counsel on this and found there was
one other instance some years ago. The Board has the right to order these
utilities to be moved.
Mr. Kolb referred to a road plan and showed where the unities are and where
they need to go. This involves moving power poles. Other utilities that are co-
located will also have to move. This work would still be within the existing
rights-of-way. He spoke with representatives of Central Electric Cooperative
and Counsel talked with Century Link representatives.
Mark Pilliod said that Century Link routinely covers the cost of colocation if it
is a County project; however, they want reimbursement from a developer
otherwise. This falls somewhere in between because it is a public project, just
not the County's. Statute provides a process for public entities to undertake
these projects and request utilities move their equipment. This can be
recuperated through a rate increase until the costs are recovered. This is the
utility's recourse.
While they claim it is unusual for them to receive an order on projects that are
not purely a County project, they provided no further information. The Board
can adopt this order and if any affected utility wishes, they can request the PUC
allow them to adjust their rates to cover it. He does not think this is enough for
them to bother with it; but they don't like the principal of the thing. The cost
does not seem to be worth it. He has not seen this happen since he came to the
County. Statute provides a mechanism for the public entity to coordinate their
project with the affected utilities so they can coordinate when the utilities are
moved.
The rate increase recourse has always been available. The utility rate customers
would end up paying the cost of this component of the project, which was
funded through bonds and property taxpayers. It is not necessarily the same
parties who would pay the higher rates. This is the remedy available.
Mr. Anderson asked if Century Link indicated they would do this work with
their own crews or contract out. Mr. Pilliod said they did not and they were
vague on what the cost might be, although $30,000 was mentioned.
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 3 of 7
Commissioner DeBone asked if this was a decision point in ORS. Mr. Pilliod
said the Board has the authority to accept this order. It is a way to get there
through statute. Chair Unger stated that as he looks at the big picture, he feels
that the County is to provide rights-of-way and especially for public projects.
All this work would take place within the existing right-of-way and the Board
has the authority to make sure it is done properly. Facility adjustments are a
part of doing business.
Mr. Pilliod stated that Century Link was invited to attend this meeting and
comment, should the Board think this is appropriate. They are not in
attendance, however.
DEBONE: Move signature of the Order.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
5. Before the Board was Consideration of Board Signature of Resolution No.
2013-097, Declaring Eligible Uses of the Economic Development Fund, and
Superseding Resolution No. 2010-038.
Mr. Kropp gave an overview regarding the Resolution and economic
development, job attraction and job creation. The Board has discussed
including a commercial airline guarantee program as an additional eligible use.
Within the Resolution, under procedure, item #3, EDCO was to determine
whether the funds would be a grant or forgivable loan. This would be the
decision of the Board and not EDCO. Chair Unger feels that a grant and
forgivable loan are similar. Mr. Kropp said they start out with a loan and it
becomes a grant if they comply with the terms of the agreement.
Commissioner DeBone stated that this revenue would now be defined as to how
it goes out and is used. It will be expanded slightly by this change. Chair
Unger indicated that the airline program has an economic development
component, but this had to be clarified.
DEBONE: Move signature of the Resolution.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 4 of 7
6. Before the Board was Consideration of County Administrator Signature of
Document No. 2013-390, a Letter of Agreement with the Redmond
Chamber of Commerce regarding Airline Revenue Guarantee Program.
Mr. Kropp stated that American Airlines worked with the City of Redmond to
add flights to this area. The City of Redmond received a grant for this effort but
was required to obtain matching funds. They and EDCO worked with cities
and other entities to raise these funds. The Redmond Chamber of Commerce
agreed to be the manager of the funds. This particular agreement involves the
disbursement of $25,000, which was the County's commitment.
Mr. DeBone said that this is a guaranteed amount. Chair Unger said that this
kind of program was done with Delta Airlines in the past to add a flight to Salt
Lake City. He does not have big expectations in this case, but hopes it is
successful.
DEBONE: Move signature.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
DEBONE: Move approval.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
Consent A enda Items
7. Signature of Letters Reappointing the Following to the Weed Advisory Board,
through December 31, 2015: Sandy Conaway, Jason Deney, Brenda Pace and
Larry Pacenka
8. Approval of Minutes:
Work Session of June 12, 24 and 26, 2013
Business Meeting of June 12, 17, 24 and 26, 2013
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 5 of 7
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
9. Before the Board was Consideration of Board Signature of Document No.
2013-386, Renewing an EMS Account Services Intergovernmental
Agreement between the Sunriver Service District Fire Department and the
City of Springfield.
Mr. Anderson stated that this is a renewal and involves billing services; that
evidently this process is working well.
DEBONE: Move approval.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$35,178.43.
DEBONE: Move approval, subject to review.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $2,933.10.
DEBONE: Move approval, subject to review.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 6 of 7
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,420,467.93.
DEBONE: Move approval, subject to review.
LINGER: Second.
VOTE: DEBONE: Yes.
UNGER: Chair votes yes.
13. ADDITIONS TO THE AGENDA
Being no further items addressed, the meeting adjourned at 10: 40 a. m.
DATED this 2 "I Day of 2013 for the _ 0~~3L Deschutes County Board of Commissioners.
A44,
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Alan Unger, Chair
ATTEST:
Recording Secretary
Tammy Baney, Vice Chair
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, July 10, 2013
Page 7 of 7
{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
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❑ In Favor 7 NeutraWndecided
Submitting written documents as part of testimony? Yes
posed
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JULY 10, 2013
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when the Board calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public
hearing will NOT be included in the official record of that hearing.
3. A PUBLIC HEARING, and Consideration of Board Signature of Order No.
2013-030, Approving Ambulance Service Area Application Recommendations,
Effective July 1, 2013 through June 30, 2018 - Tom Kuhn, Health Services;
Doug Kelly, Redmond Fire & Rescue
Suggested Action: Move signature of Order No. 2013-030.
4. CONSIDERATION of Board Signature of Order No. 2013-028, Directing
Various Utilities to Relocate their Facilities within the Right-of-Way on
Deschutes Market Road and Yeoman Road - George Kolb, Road Department
Suggested Action: Move Board signature of Order No. 2013-028.
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 1 of 7
5. CONSIDERATION of County Administrator Signature of Document No.
2013-390, a Letter of Agreement with the Redmond Chamber of Commerce
regarding Airline Revenue Guarantee Program - Erik Kropp, Deputy County
Administrator
Suggested Action: Move signature of Document No. 2013-390.
6. CONSIDERATION of Board Signature of Resolution No. 2013-097,
Declaring Eligible Uses of the Economic Development Fund, and Superseding
Resolution No. 2013-038 - Erik Kropp, Deputy County Administrator
Suggested Action: Move Board signature of Resolution No. 2013-097
CONSENT AGENDA
7. Signature of Letters Reappointing the Following to the Weed Advisory Board,
through December 31, 2015: Sandy Conaway, Jason Deney, Brenda Pace and
Larry Pacenka
8. Approval of Minutes:
• Work Session of June 12, 24 and 26, 2013
Business Meeting of June 12, 17, 24 and 26, 2013
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
9. CONSIDERATION of Board Signature of Document No. 2013-386,
Renewing an EMS Account Services Intergovernmental Agreement between
the Sunriver Service District Fire Department and the City of Springfield
Suggested Action: Move Board signature of Document No. 2013-386.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 2 of 7
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
13. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Wednesday, July 10
10:00 a.m. Board of Commissioners' Business Meeting
1:30 pm. Administrative Work Session - could include executive session(s)
Thursday, July 11
7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 3 of 7
Moridgy, July 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 25
6:00 p.m. Joint Meeting of the Board of Commissioners and the Deschutes County Planning
Commission to Discuss Groundwater Protection Recommendations - La Pine High
School
Monday, July 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 31
Opening Day of the Deschutes County Fair
Monday, August 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, August 6
3:30 p.m. Public Safety Coordinating Council Meeting
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 4 of 7
Wednesda Au st 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, Aujzust 14
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 19
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 26
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 29
8:00 a.m. Regular Meeting with City of Sisters Council
Monday, September 2
Most County offices will be closed to observe the Labor Day Holiday
Tuesday, September 3
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesda S tember 4
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 5 of 7
Wednesday, September 11_
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, September 16
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, September 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, September 30
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, October 1
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesdav. October 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 6 of 7
Wednesday, October 9
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monda October 21
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, October 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 28
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesda October 30
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 4
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, November S
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, November 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 10, 2013
Page 7 of 7
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