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2014-208-Minutes for Meeting March 24,2014 Recorded 4/11/2014 DESCHUTES COUNTY CLERK CJ 2014.208 NANCY COMMISSIONERS' JOURNAL 04/11/2014 10:14:58 AM I -2 8 Do not remove this page from original document. Deschutes Count y Clerk Certificate Page --N,__, U.r`�Ts c0 Z 0 0 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 MONDAY, MARCH 24, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Ed Keith, Forester; and one other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Citizen Jerry Aplin said he had talked to County Counsel and knows the Board can't respond, but has some things he wants to advise the Board about. (He provided them with a handout.) This has to do with the Simpson appeal, and he thinks there were errors. Laurie Craghead reiterated that this issue is in the middle of litigation, so the Board can listen but cannot respond. Mr. Aplin feels they have been erred on this. LUBA made a decision and went through what was involved before. The decision was in his favor but he lost on two of three points, and won on the dwelling issue. He had no problem with them permitting the big house or the white house for the mother and father-in-law. The Tobiasons are nice people. Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 1 of 7 He has been after this for three years. It took two years to prove to the planning department that the houses were brought in after they bought the property. He feels this has failed miserably. It says that the applicant will obtain any necessary permits, and so on. Those homes have been in use for three years. He will go to the Court of Appeals if he has to. If this goes on for another two years, they will find out that the septic systems are not to code. They need final permits. They brought in homes illegally 15 years ago. The burden of proof is on the Simpsons to prove they need the farm dwelling. He asked how much longer they can defy the County. This is only one of the problems. They want to know if the Board will back what they signed. The neighbors signed a petition to make the Simpsons prove the house is necessary for their farm operation. Elk are dangerous in a pen and you don't deal with them more than a couple of months a year. They should have to prove that these people are employees or workers. LUBA says what is required for this. He feels the Board should have done more so he did not have to spend $10,000 on this issue. Chair Baney said she appreciates hearing his concerns, but they have not yet received these documents or had a chance to review them. 3. Before the Board was Consideration of Board Signature of Document No. 2014-159, a Cooperative Agreement with the Oregon Department of Forestry regarding the Forestland Classification Process. Ed Keith gave a brief overview of the item. This will help to determine who pays and who receives payment for fire protection. The overall process has not been reviewed in about 40 years. 0 yea s. Commissioner Unger said that this agreement indicates it requires no future actions from the Board, but asked if they will eventually have to address it. Mr. Keith said the Committee will have the sole responsibility of making these designations, so there will not be any Board action needed. He will provide updates to the Board as this process occurs. This could take a couple of years. The meetings will be noticed as public meetings, with comments allowed. There has been a lot of website work done in this regard already. Crook County has been working on this process for over a year. Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 2 of 7 DEBONE: Move signature. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of First Reading, by Title Only, of Ordinance No. 2014-002, Adopting Deschutes County Code Chapter 8.35, Weed Control. Mr. Keith said the Board previously met with him to discuss possible changes. The first change is that they dropped the emergency request portion. They received comments on the cleaning of machinery, so they removed the `how to' and `pressure washing', indicating just that it be thoroughly cleaned. It is up to the operator or landowner to meet this standard. They also changed the Weed Inspector authority regarding issuing citations; this will be coordinated with the Sheriff's Office. In two places they added language to address concerns about excessive use of herbicides. They promote the use of integrated weed control methods; more of a holistic approach. Commissioner DeBone said they have an active weed pull event each year and perhaps some can help with this kind of project. Chair Baney stated she heard from someone regarding utilizing the Sheriff's Office for citations. She asked for clarification. Mr. Keith replied that the Weed Inspector could initiate enforcement previously, using the model that CDD utilizes. They try to gain voluntary compliance, but later that it is turned over the Sheriff's Office if nothing else is working. Officers are trained to deal with this kind of conflict. There are some people who don't comply until the Sheriff's Office is involved. They can still comply voluntarily but there would then be the ability to issue a citation. Laurie Craghead said some were worried about a separation of powers. The Weed Inspector tries to educate and get voluntary compliance, but further action would be through the Sheriff's Office. Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 3 of 7 There is a section that still has some of the old wording, which Ms. Craghead will change. This change will have to be read into the record at the first reading. Commissioner DeBone said he can understand wanting the emergency clause for this spring's work, but it is too late for that. Since 2002, there has been a Weed Control District, so this is nothing new. This is an ongoing process, and they want to preserve tourism and agriculture. Ms. Craghead said one person asked for an additional hearing, but the first one was not required by law. They heard from citizens and changes were made as a result. A second hearing is not required at this time. Ms. Craghead was given permission to read the changes in 080(a), read the new language as required. UNGER: Move first reading, by title only, including the changes as amended. and read into the record by staff. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading by title only. The second reading will be no sooner than two weeks from today. DEBONE: Move approval of the Consent Agenda. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Consent Agenda Items 5. Chair Signature of Document No. 2014-158, Certifications and Assurances Required to Receive Federal Transit Administration Funds Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 4 of 7 6. Signature of Resolution No. 204-030, Transferring Appropriations in the Deschutes County Fair & Expo Fund 7. Signature of Resolution No. 2014-032, Appropriating a New Grant in the Public Health Fund 8. Signature of Resolution No. 2014-033, Transferring Appropriations within the Non-Departmental Category of the General Fund 9. Signature of a Letter Accepting the Resignation of Craig Unger form the Central Oregon Regional Housing Authority (DBA Housing Works), and Thanking him for his Service 10. Signature of a Letter Reappointing Bruce Stendal to the Beaver Special Road District Board, through December 31, 2016 11. Signature of a Letter Appointing Kathy Cushman to the Weed Advisory Board, through December 31, 2015 12. Signature of Letters Appointing Ed Keith, Matt Cyrus and Bill Swarts to the Forest Classification Committee 13. Signature of a Letter Accepting the Resignation of William Rainey from the Deschutes County Planning Commission, and Thanking him for his Service 14. Signature of a Letter Appointing Steve Swisher to the Deschutes County Planning Commission, through June 30, 2014 15. Approval of Minutes: Legislative Updates: January 29, February 5, February 26 and March 5, 2014 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Board Signature of Resolution No. 2014-034, Transferring Appropriations in the Deschutes County 9-1-1 County Service District. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 5 of 7 17. Before the Board was Consideration of Approval of Weekly Accounts pp y Payable Vouchers for the 9-1-1 County Service District in the Amount of $13,300.66. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of$2,077.38. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of$740,603.12. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes Y es. Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 6 of 7 20. ADDITIONS TO THE AGENDA The Board acknowledged Craig Unger Housing Works Board, over 15 years. They do a lot of good work. The Board is grateful for his service. Being no other items brought before the Board, the meeting adjourned at 10:35 a.m. ea PA DATED this Day of 2014 for the Deschutes County Board of Commissione s. 1� Tammy Bailey, Cha Anthony DeBone, Vice Chair ATTEST: 4 Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, March 24, 2014 Page 7 of 7 v--Es c 00 1 (G2 a fr,c-4 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date / Name J6-vviii) 0-P6 r Address l 500 51 $tA-.) toc�G-+e j3A Phone #s / - 6/ ©f7 E-mail address if)o In Favor U Neutral/Undecided Opposed Submitting written documents as part of testimony? 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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. CONSIDERATION of Board Signature of Document No. 2014-159, a Cooperative Agreement with the Oregon Department of Forestry regarding the Forestland Classification Process —Ed Keith, County Forester Suggested Action: Move Board signature of Document No. 2014-159. 4. CONSIDERATION of First Reading, by Title Only, of Ordinance No. 2014- 002, Adopting Deschutes County Code Chapter 8.35, Weed Control —Laurie Craghead, County Counsel; Ed Keith, Forester Suggested Action: Conduct first reading of Ordinance No. 2014-002, by title only. CONSENT AGENDA 5. Chair Signature of Document No. 2014-158, Certifications and Assurances Required to Receive Federal Transit Administration Funds Board of Commissioners' Business Meeting Agenda Monday, March 24, 2014 Page 1 of 6 6. Signature of Resolution No. 204-030, Transferring Appropriations in the Deschutes County Fair & Expo Fund 7. Signature of Resolution No. 2014-032, Appropriating a New Grant in the Public Health Fund 8. Signature of Resolution No. 2014-033, Transferring Appropriations within the Non-Departmental Category of the General Fund 9. Signature of a Letter Accepting the Resignation of Craig Unger form the Central Oregon Regional Housing Authority (DBA Housing Works), and Thanking him for his Service 10. Signature of a Letter Reappointing Bruce Stendal to the Beaver Special Road District Board, through December 31, 2016 11 . Signature of a Letter Appointing Kathy Cushman to the Weed Advisory Board, through December 31, 2015 12. Signature of Letters Appointing Ed Keith, Matt Cyrus and Bill Swarts to the Forest Classification Committee 13. Signature of a Letter Accepting the Resignation of William Rainey from the Deschutes County Planning Commission, and Thanking him for his Service 14. Signature of a Letter Appointing Steve Swisher to the Deschutes County Planning Commission, through June 30, 2014 15. Approval of Minutes: • Legislative Updates: January 29, February 5, February 26 and March 5, 2014 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 16. CONSIDERATION of Board Signature of Resolution No. 2014-034, Transferring Appropriations in the Deschutes County 9-1-1 County Service District 17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Monday, March 24, 2014 Page 2 of 6 CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 20. ADDITIONS TO THE AGENDA Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. 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.) Thursday, March 20 8:30 a.m. Leadership Redmond Meeting(at the County) Monday, March 24 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 Monday, March 24, 2014 Page 3 of 6 Tuesday, March 25 1:00 p.m. Employee Benefits Advisory Committee Meeting Wednesday, March 26 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, March 27 9:00 a.m. Performance Management Meeting/Update—Human Resources Monday, March 31 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 1 10:00 a.m. Substance Abuse Policy Meeting—at the County 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 2 10:00 a.m. Board of Commissioners' Business Meeting 11:00 a.m. EDCO Annual Luncheon Meeting—at the Riverhouse 2:00 p.m. Administrative Work Session—could include executive session(s) - note later time Thursday, April 3 8:00 a.m. Joint Meeting with City of Sisters Council —Sisters City Hall 10:30 a.m. Performance Management Meeting/Update—Assessor's Office Monday, April 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 Monday, March 24, 2014 Page 4 of 6 Wednesday, April 9 10:00 a.m. Board of Commissioners' Business Meeting 11:30 a.m. Redmond Chamber of Commerce, State of the City Address—Juniper Golf Club 2:00 p.m. Administrative Work Session—could include executive session(s)—note later time Wednesday, April 16 2:00 p.m. Career Workgroup Meeting—Redmond Economic Development Office Monday, April 21 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 22 1:00 p.m. Employee Benefits Advisory Committee Meeting Wednesday, April 23 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, April 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, April 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, May 5 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 Monday, March 24, 2014 Page 5 of 6 Wednesday, May 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, May 14 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, May 19 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, May 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. Board of Commissioners' Business Meeting Agenda Monday, March 24, 2014 Page 6 of 6