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2013-1123-Minutes for Meeting July 22,2013 Recorded 8/27/2013DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 2013-1CLERKDS CJ x013.113 111111111 lill 1111111111111111 RECOR 08/27/2013 09:03:05 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page 6 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 229 2013 Present were Commissioners Alan Unger and Tammy Baney; Commissioner Anthony DeBone was out of the office. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Nick Lelack and Paul Blikstad, Community Development; Laurie Craghead, County Counsel; Chris Doty and Ed Keith, Road Department; Susan Ross, Property & Facilities; Scott Johnson, Health Services; and David Inbody, Administration. No representatives of the media were in attendance. Chair Unger opened the meeting 1:30 p.m. 1. Discussion of Ordinance re: Code Enforcement Fines & Remedies. Laurie Craghead said that there are recommendations for changes to Code regarding enforcement. The maximum fine in statute has changed, so County Code should mirror this, and be written in that manner so that adjustments will not need to be made in the future. There is a mixed opinion about putting in a statutory reference, but the department has decided this is appropriate. It would set the fine as the base fine amount, which is the maximum. The other change is about injunctive relief. The violator is cited into Court but the only thing the Judge could do is assess a fine. The County can write the ordinance to give Circuit Court authority to issue an injunction or an order to cease and desist. The ordinance has been drafted with an emergency clause so the County can begin implementing Code enforcement cases at this level. The effective date could be for thirty days or for the normal ninety days. There are also cases where the injunctive relief might be used. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 1 of 11 Chair Unger asked if this is new or whether it has been vetted by the public. If it mirrors what the State has been doing for several years, it is not new. In addition, an injunctive relief is a positive, giving the Court more strength. Commissioner Baney does not like the idea of using the emergency clause. It may be already in statute but it might be a shock to citizens. Mr. Lelack estimated there are about five citations a year when the full fine is paid. This is an incentive to comply; if they don't, they can be fined or it can go to Court. Ms. Craghead added that concerning weed control, there is no specific authorization for hazardous fuels citations. The weed inspector should be authorized to issue citations so that more people will comply. Chair Unger would like them to have this option. Voluntary compliance is not always possible or the sensible thing to do. Ed Keith said he would like to be able to be able to get to compliance in these issues; a fine would be a last resort. In 2010, there was an Order passed by the Board regarding enforcement, but it was not strong enough. It allowed him to go onto property, treat the weeds, and send them a bill. Ms. Craghead said this is problematic due to other laws. Commissioner Baney noted that there needs to be a way to enforce so it is more than just words. Chair Unger would like to include the ability for staff to have more of a hammer to handle these issues. Commissioner Baney prefers voluntary compliance when possible. Nick Lelack said that they are at the peak of Code issues now so this can wait. Tom Anderson said that noxious weeds are not in Code at all, just in statute. Some people demand to see this in Code. It would make sense to have it in Code for reference purposes. Statute would have the specifics to back it up. The Ordinance regarding fines and injunctions will be drafted for approval in the near future; with the separate Ordinance regarding weed control and fire fuels issues to be addressed at a later date. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 2 of 11 2. Discussion of Upcoming Alfalfa Cell Tower Decision Process. Laurie Craghead said she wanted to review this issue, and ask the Board what they wish to consider while making a decision, and what can and can't be done in light of Telecommunications Act. The Act purports to not limit land use ability, but it does, including placement, construction and the use of wireless. However, the local government cannot unreasonably discriminate even if there is already one there. It goes to what the individual carrier needs. The County can't prohibit services if there is no place where it can reasonably go. If there is no screening anywhere, that would be prohibiting. They have to be sure they don't say a cell tower can't go somewhere there. The Board has to say that it would be okay maybe here but not here. If a site is not good enough, the Board has to state what other sites may be better. They have to consider alternative sites, but the Board has to pick a site or sites where it would be better. Commissioner Baney said that might presuppose approval of another site. Ms. Craghead said that they have to give the reasons why it is felt to be better, it can be reasonably likely they can get it. Chair Unger thought he would support what the Hearings Officer found. Ms. Craghead said under federal case law, the Board has to say why others sound better. Mr. Anderson said the Board couldn't really speak to coverage. Ms. Craghead indicated it would have to be within the search ring. Commissioner Baney said that topography is an issue, and there was a question as to whether their search ring was wide enough. Ms. Craghead stated that the opposition felt the search ring was too small. It is difficult for local agencies to fight how a search ring is determined. Ms. Craghead said that the federal government does not regulate views. Commissioner Baney said it would be beneficial to be able to do this. Chair Unger wants to review it more carefully. When towers are not allowed on EFU land, it does not make sense. Most residential land is not EFU. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 3 of 11 Mr. Anderson asked if there is anything that introduces the notion of the number of people who could see it and have their views affected. Ms. Craghead replied that they might select a property with fewer homes near it, or argue that although the properties are not yet built on, they may be. Mr. Anderson noted that it is hard to know what is technically feasible. Ms. Craghead said that the argument is in the favor of the applicant in this regard. Case law shows they have a right to expand their services for communication in general, not necessarily television. They cannot regulate based on perceived health risks. They can only consider the potential of the tower falling or other physical hazards. There needs to be scientific evidence that they can do what they want to do. Some jurisdictions hire someone independently who can do this kind of study. Mr. Blikstad said that the Board might want to focus on what attorney Bruce White turned in. The Hearings Officer focused on just two aspects. Ms. Craghead said the argument of lowering property values has never won in court. No one has come up with statistics to prove this. Mr. Lelack asked if the Hearings Officer missed something, whether it can be remanded back to the Hearings Officer by the Board; so that the Board does not have to be the first to weigh in on an issue. Federal law is changing, and Code may not reflect it all. Ms. Craghead stated that she doesn't think they have that law. She can ask that they reconsider, but it can't be remanded. There should not be anything contrary in the decision in this regard. The applicant can appeal to LUBA and federal court. I Capital Projects Update. Susan Ross gave an overview of the various projects. The Sisters school-based health care clinic was delayed due to infrastructure issues. She heard from the federal agency, and they will accept an extension through June 30, 2014. The Board will need to decide by the end of this calendar year what to do next. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 4of11 The assisted living center nearby was supposed to be first, but it is not in yet. The County had to put up more money to be first, so she hopes that project can move forward. She does not know where the project stands. Things are picking up overall, so she is being optimistic for now. Commissioner Baney asked what could be repurposed. Ms. Ross said that there was some site work, and they spent all the professional services costs, engineering and permitting. She had been assured that the other project was ready to go, but then the economy got in the way. Commissioner Baney said there were some community concerns at the time. Commissioner Unger stated they worked through issues with the other clinic there who said the County is taking away clients. Commissioner Baney said they might not know the entire need. Health has tried to smooth this out, since the need is in behavioral health and dental. Scott Johnson noted that they are: ready to go with dental services and behavioral health needs are not disputed. They will have to do more work with this clinic. Chair Unger asked how to keep it moving forward. Commissioner Baney said that there is a variety of partners but a lack of funding. Ms. Ross added that they would develop with three owners of the assisted living center. They have been holding up a lot of the improvements, but she believes they did take out a building permit. Ms. Ross said that regarding the old juvenile detention facility, Behavioral Health asked about moving in, with Mosaic taking the clinic space. They would have to relocate the clubhouse that is in the annex to the facility. $200,000 is budgets for this through Behavioral Health. Mr. Johnson added that there is no cost to the County for primary care for clients through Mosaic. Ms. Ross went over the schematic at this time. Commissioner Baney asked about the depth of need for the Rainbow Club. Mr. Johnson said they meet two or three times a day for part of a day. The clients learn to cook, have peer services, involve the parents' self-help board, and a number of other activities. He hopes this can increase to get more clients involved. About 58% are Oregon Health Plan, so most should be eligible under the expansion. They are trying to get them out of the clinic into their own space, rather than caring for them in the main building. A variety of different self-help programs might be added. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 5of11 Ms. Ross noted that they are limited now in an office building. This would stand alone. Mr. Johnson said that the space they vacate would be used for primary care, going from one day a week to five days a week. Commissioner Baney asked how they would tackle the smoking issue there. They need to have a healthy environment. Mr. Johnson said he is not involved in an approach to this yet. David Inbody added that this is part of an ongoing discussion. Mr. Johnson said that he does not want the clients to avoid treatment because of this. Mr. Inbody stated that most would go right to the sidewalk, where they are allowed to smoke. Mr. Johnson said that he wants to get them in with a primary care doctor on a regular basis. This issue can be addressed along with others. Commissioner Baney noted that this is a tobacco-free campus, and they have asked others to change their patterns. This could be a reward in a way, having the clubhouse. Chair Unger said that Behavioral Health clients could help others like them better than others. They need peer support. Ms. Ross said that grants have been received for the Fair & Expo Center solar project, in the amount of S 168,000. She is working on an RFP and bids. Construction should take about two months. The panels would be on the south side of the event center, and would cover about 6% of power usage. There will be a computerized kiosk to show people how the power is used. The County may have to pay some depending on the cost of the kiosk, but grant funds might cover it all. They can't always look at the payback when doing the right thing, even though it can take a long time. They have been working on a solar project for four or five years. Ms. Ross went over the jail construction project schedule. The bond issuance happens on July 26, and they have already transferred reserve funds. The medical unit was supposed to start earlier, but the bid prices came in very high. It is a small project with just a few bidders. Most were intimidated by doing this within the confines of a secure environment. They decided to contact with just those who do the hardware, and will bid the medical unit with the rest of the project to generate more competition. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 6 of 11 People did not know what to think of the clause to accommodate access to mitigate the impact. They will still need to construct the medical unit ahead of the rest. Regarding the Justice Center, the Bagley Jury/Conference Room is almost done, with some office space being added. Then they will start on the second phase. The budgeted amount was $350,000, $150,000 for phase I and $175,000 for phase II. Commissioner Baney stated that she doesn't see some things as a #1 priority. There may be other needs. This begs the question, when is it better to build new or just remodel. She would like to know how to limit this, especially if there are overruns. Chair Unger said that maybe they should consider a higher contingency fund to cover some of these unknowns. 4. FY 13-14 Goals & Objectives. Mr. Anderson said that at the February retreat, ideas were discussed regarding the interaction between the Board and departments. Dave Inbody, Erik Kropp and Mr. Anderson talked about structure. Overall mission. Performance measure in relation to goals/objectives. • A longer outlook that affect services - required or likely to deliver - financial, legal, legislative issues. • Educate the Board on the services provided that are not obvious. Per feedback at a recent department head meeting, they seemed supportive. Mr. Inbody said that the departments want the Board to know more about what they do outside of budget meetings or normal business. They want to talk about preparing for change, staffing, technology, and long-term goals; and not always meet with the Board just to ask for something. He asked how these should occur. It would be hard to do this more than once a year if they go with all departments. He asked what the Board wants to get out of these sessions. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 7of11 Chair Unger feels it is important to have more communication with departments. It saves time to have everyone involved rather than having separate meetings of staff and the departments. Commissioner Baney said they did updates quarterly in the past with some departments; less often with others and some not at all. They often just went over current projects and did not talk about challenges. Mr. Anderson stated that the concept had to do mostly with feedback. Goals and objectives are tied to the budget, and the schedule should fit within the budgetary cycle. However, the time commitment to meet with all often enough is not realistic. Much depends on what the Board hopes to accomplish. The departments want this to be meaningful and an opportunity to involve the Board in what the departments are doing. The original purpose was to review performance measurements. There needs to be another way to report on this, perhaps with a quarterly report. Commissioner Baney stated that the past Administrator did not like these meetings. They need to make good use of the time. She asked about meeting with several in one time period. Mr. Anderson said that clumping together is tiring, and the idea is to pay special attention to each and talk about what issues are important to them at that time. Commissioner Baney suggested they use a block of time and meet with related departments. There are significant changes happening with some of them, and there is no way to plan it out too far. Chair Unger added that there are regional issues, building needs, legislative issues and more. They also need more information on what major nonprofits, other jurisdictions and others are doing. Mr. Anderson asked if they wanted to do a test run on Administration. There would be an agenda, they would incorporate the various elements and take about an hour. This might give them a sense on how this might flow. It would give departments some flexibility in presenting what is important to them. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page8ofll Commissioner Baney said they would need to carve out some time on their calendars. Mr. Inbody noted that some departments might need more time than others. They could put some smaller groups together. Mr. Anderson stated that this might be an opportunity to expose the Board to things they don't normally see. For instance, there is grant writing, public interaction, and how things might change structurally. It may not always be the most obvious things. They may decide to go to the department to do this if appropriate. 5. Other Items. The Commissioners spoke about a complaint regarding roads in Lake Park Estates. Chris Doty noted that this is a local service road and the property owner to the south is the County. The road was dedicated to the public at the time of subdivision, but it was not accepted for maintenance purposes. There are about 500 miles of such roads in the County. They are prohibited from using gas taxes for these roads. Chair Unger added that this borders the County's 1,800 acres, and there is an agreement in place with the Park & Recreation District regarding its use. The letter says that the area is not being well represented. There is a lot more traffic on the road now, and it is maintained by the property owners. Since the County owns some of the land there, perhaps there is some County responsibility. It is his understanding that Park & Recreation wants to eliminate some access from that road and declare it `no parking', to focus access from trailheads instead. These would be from Antler, Maple and Hemlock. Mr. Doty stated that he can be the point person for this, but it is not as easy at is appears. Park & Recreation is trying to mitigate. Commissioner Baney said that this is a benefit to the community, Parks, the City and County. Mr. Doty noted that most of the problem had to do with the use of the property, not the traffic. Chair Unger said that the residents do not want competition for its use; they have used it for years themselves kind of like their own open space. The 'equestrian folks don't want to share with others. There is a lot of land and plenty of places for all of them. It's a multi-purpose property at this point, and they should let Park & Recreation figure out what to do with it. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 9 of 11 Chair Unger said he attended the Deschutes River Woods Neighborhood Association annual meeting. He observed that many people don't connect with the neighborhood association, and there are a fair number of rental properties there. They need to figure out a way to connect to more of them. Commissioner Baney said there was a recent meeting with the Governor regarding last minute changes to the CCO's. The expansion is coming up but there are access issues. The legislature gave $30 million for an innovation fund, with a better care, better outcomes incentive. The Health Council figures out what to apply for; the State wants one applicant from here, including the Gorge area. She feels this enhanced CCO would hinder local work. The tri-county region is large enough to stand alone. This is the only region that is required to do this. This was a misstep by Pacific Source and it has made things more difficult. There is a new Office of Innovation through federal Medicaid match grant funds. They take 10% off the top towards health information technology/exchange. This would be of statewide significance, and they may be able to get federal funding through this. Mr. Anderson noted that the Barnum and Bailey Circus is coming in September to the Fair & Expo Center. People who don't like circus (animal acts) are already commenting. Dan Despotopulos will give the protesters space for their protest. Now an international group may be involved. Ringling Bros. has had the worst publicity. Chair Unger met with representatives of COVA regarding the transient tax issue. They don't seem clear on what they will support. The deadline for the ballot submittal is August 18. He is concerned about the message, and the Fair & Expo Center. This could complicate efforts towards bonding later. Mr. Anderson said that the revenue would be directly used for marketing, and not operations. The two ballot measures side by side on the ballot and it will make it confusing for the public. Being no further items addressed, the work session ended at 4:05 p.m. Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 10 of 11 DATED this ? - - Day of LALX1-" ! 2013 for the Deschutes County Board of Commissioners ~V44,V vj~~- Alan Unger, Chair 7 Tam B ney, Vice air ATTEST: ~ dq4t-k , 64ok- Recording Secretary Anthony DeBone, Commissioner Minutes of Board of Commissioners' Work Session Monday, July 22, 2013 Page 11 of 11 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., MONDAY, JULY 229 2013 1. Discussion of Ordinance re: Code Enforcement Fines & Remedies - Laurie Craghead 2. Discussion of Upcoming Alfalfa Cell Tower Decision Process - Paul Blikstad 3. Capital Projects Update - Susan Ross 4. FY 13-14 Goals & Objectives - David Inbody; Tom Anderson 5. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), 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 rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you 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. FAIR & EXPO CENTER SOLAR PROJECT Prepared July 22, 2013 Grants Received Blue Sky Energy (PP&L) Energy Trust Oregon Dept of Energy 123,000 38,000 7,000 168,000 Timeline Advertise for bids Complete contract docs Construction August 1, 2013 September 6, 2013 September 6 - November 1, 2013 Project Specifics Photovoltaic panels install on south side of event center Will produce approximately 43,000 kWh per year with estimated power savings of nearly $4,000 This power generation represents approximately 6% of the event center usage Project will include informational computerized kiosk near entrance of event center JAIL CONSTRUCTION PROJECT SCHEDULE Prepared July 22, 2013 Begin End 7/22/13 8/9/13 Advertise for early sitework package 8/12/13 9/16/13 Field office mobilization & site work 8/12/13 9/16/13 Advertise for full project package 9/16/13 1/7/14 Medical unit remodel 9/16/13 7/7/14 Housing expansion construction 7/7/14 7/21/14 Commissioning, final inspections, substantial completion 7/21/14 8/11/14 Final closeout and punchlist _ N I li mI I ^i - - - - - w ^ m ~ m ~ w c MM ~ a N m m m m m o m o 0 o rv rv w r°y N m~ m m m m m m~~ m m m❑ a© rvf m~~ r: w w M M M w r^I N N N N O w w H H N N N w N N m m ry m o 0 0 0 O v O a 4 R~ q~ ~ N~ N ry p v O v O ~ o o N o ry o N~ N O v 0 rj d a a' p` N N N N E O~ y~ 0! 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E In V v u~i u v o a 1 i - N iN ~~vi ~~o ~I~ ~jm ~$~a ~nl~o ~a loo non n n n n n n n n oo~aa ro m ~ wj~ w m o!.. ejin~~o a ~n 0 ~ i Im v, mom mlm mjm mim d Deschutes County Jail Project (Fund 456) Phase II - Beginning July 1, 2012 Through June 30, 2013 Resources Interest Transfers In: General County Projects (142) General Capital Reserve (143) General Fund (001) Jamison Acq & Remodel (457) (Note 2) Bond Issuance, net Total Resources Expenditures Architect Engineering Surveying Consulting Fees & Permits SDCs (water & sewer) Insurance Internal Service Fund Charges Miscellaneous Administrative Furniture, Fixtures & Equipment Construction - Expansion & Remodel Construction Contingency Total Expenditures Net Project 1 I June 30, 2013 i Committed Total I Variance $ 26,157 $ 5,157 $ - $ 21,000 $ 26,157 (0) 100,000 100,000 - - 100,000 - 1,250,000 1,250,000 - - 1,250,000 750,000 750,000 - - 750,000 - 540,939 540,939 - _ 540,939 - 8,400,000 - 8,400,000 - 8,400,000 - 11,067,096 2,646,096 8,400,000 21,000 11,067,096 _{0) 820,000 583,537 230,863 5,600 820,000 - - 2,486 - 2,486 (2,486) - 500 - 500 (500) 35,000 - 13,332 21,668 35,000 - 130,000 6,000 - 124,000 130,000 - 180,000 - - 180,000 180,000 - 40,000 - - 40,000 40,000 - 33,700 2,033 31,667 33,700 - 30,000 2,295 - 24,719 27,014 2,986 50,000 - - 50,000 50,000 - 9,448,396 - - 9,448,396 9,448,396 300,000 - 300,000 300,000 - 11,067,096 596,852 275,862 10,194,383 11,067,096 - (0) 2,049,24A 8,124,138 10,173,383 (0~ (0 ) Note 1: The project includes the Jail expansion and a remodel for the Medical Unit Note 2: The resources remaining in the "Jamison Acqusition and Remodel Fund" were transferred to this Capital Project Fund Performance Management Meeting with Board of Commissioners The Board of Commissioners would like to schedule one to two hour meetings with each department during FY 2014. These meetings are intended to provide an opportunity for departments to communicate with the Board of Commissioners about their department outside of the budget, business meeting, and work session venues. This will allow departments to address scope of work, performance management and long-term planning. It will also enable Commissioners to better understand department operations and develop a better connection to the departmental services being provided. Each department should be prepared to discuss the following three topics: 1. Mission Statement • Is your current mission statement accurate/ relevant to the department's scope of work? • If the mission statement is not accurate/relevant, provide a revised one 2. Performance Management • Explain how your performance measures support your mission statement • Do you performance measures address your department's scope of work? • Provide an update on your performance against your performance measures over the past 12 months. 3. Five-Year Outlook • How do you expect your department to change in the next five years? o Type and scope of services provided o Service delivery methods & recipients o Legal/Statutory requirements o Organizational/staffing changes • What does your department need to do in these areas to prepare for these changes? o Organizational structure o Staffing (quantity and type) o Facility requirements o Technology/Equipment SAMPLE SCHEDULE Department Meeting Date Justice Court August 8, 2013 Solid Waste August 15, 2013 Risk Management August 22, 2013 Community Justice September 5, 2013 Fair & Expo Center September 12, 2013 Administrative Services September 19, 2013 Information Technology October 3, 2013 Legal Counsel October 10, 2013 Personnel October 17, 2013 Assessor's Office November 7, 2013 Finance November 14, 2013 Road December 5, 2013 Property & Facilities December 12, 2013 Sheriff's Office January 9, 2014 Clerk's Office January 16, 2014 Community Development January 23, 2014 Deschutes County 9-1-1 CSD February 6, 2014 Natural Resource Protection February 13, 2014 District Attorney's Office February 20, 2014 Health Services March 6, 2014 Veterans' Services March 13, 2014