Loading...
2015-144-Minutes for Meeting March 25,2015 Recorded 4/16/2015 DESCHUTES RECORDS COUNTY CLERK 1�d 2015-144 COMMISSIONERS' JOURNAL 04/16/2015 09'24'53 AM I J-f�s �' � oZ pee Deschutes County Board of Commissioners w a 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 10:00 A.M., WEDNESDAY, MARCH 25, 2015. Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Deputy County Administrator; David Doyle and Laurie Craghead, County Counsel; Nick Lelack, Peter Gutowsky, Matt Martin and Paul Blikstad, Community Development; and at least eighty other citizens including media representative Ted Shorack of The Bulletin. Chair DeBone opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was the Reading of a Proclamation Declaring April 2015. as Child Abuse Prevention Month in Deschutes County. Shelley Smith, Executive Director of KIDS Center and Tim Rusk of Mountain Star Family Relief Nursery, gave an overview of Proclamation and events recognizing this. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 1of12 They noted that child abuse is a difficult topic, but there is a strong system in Central Oregon to deal with these victims. Other agencies helping with this are CASA and High Desert Healthy Families. A recent national report said that this problem has decreased nationally by 25%, but only by 2% in Oregon. Oregon could be doing more. Also, in regard to early childhood, the rate of Oregon babies going into foster care is 1.4%, which is 50% higher than nationally. The first 1,000 days of a child's life is very important. Commissioner Baney said that many families in Oregon are still under a lot of stress because of the recession. They are blessed to have this many people in the room today who can help be the eyes of the community She asked about the Darkness to Light program and how community members can help. Ms. Smith stated that statistically that one in ten children is impacted by sexual abuse. There are many opportunities this month to get involved. It takes courage to stand up and speak out. This training helps equip adults to recognize the steps needed to prevent this problem. Also, there will be a training class given at Bend High School called `public and permanent', which is meant to help people understand the internet and the risks of posting information on line. Parents need to learn more about this. Commissioner Unger noted that Deschutes County is well-served with these organizations to make planning a reality. Chair DeBone added that they are trying to break cycles of poverty and abuse, which will ultimately help the entire community. BANEY: Move reading and adoption of the Proclamation. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Commissioner Unger then read the Proclamation to the audience. 4. Before the Board were Deliberations on File #TA-13-4, a Proposal to Amend Code to Allow as a Use Permitted Outright in the SR-2.5 Zone, the Operation, Maintenance and Piping of Existing Irrigation Systems Operated by an Irrigation District. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 2 of 12 This item was addressed after item #5. David Doyle said that he has received a number of letters that question Commissioner Unger's impartiality to decide on this issue, although these have been submitted rather late in the process. Commissioner Unger stated he has been an elected official for over 15 years. Throughout that time the need for water in cities and for other uses has been a concern. There has to be a way to manage the aquifer and waters to benefit the cities, agriculture and environment. He has been engaged with water issues all this time to create a basin plan to manage the water available to support the needs of all. This is application relates to a legislative matter. As they move forward, he looks at these decisions as those that help support the big plan to manage water. He does not feel he is biased, although he feels piping and other things are tools to correct the problems in the basin. This has always been a concern of all the various groups of which he has been a part. He is looking at this in the bigger context, but feels he can be impartial. Paul Blikstad gave an overview of the item, which if approved, would add the following use to Code: "Operation, maintenance and piping of existing irrigation systems operated by an irrigation district, except as provided in DCC 18.120.050." Included in the memo is that the reference under .050 should be .130, Title 19 rather than title 18. The Planning Commission held three separate hearings, and they deliberated on May 8 and recommended denial. The Board held a hearing on July 2, with it left open to obtain further testimony, and then the parties tried to mediate and the issue was held on abeyance. An Order closed the written record when it was felt that no progress was being made. The Board has copies of all testimony and documents. Nick Lelack summarized what is in the Board's packet. They summarized at a high level the arguments for and against the amendment. This is a simple yes or no decision. The Bend Area General Plan is the guiding document, and this has been a learning curve for all. City Ordinance 80-216 applies, which is in the record. These documents are dated and did not contemplate this kind of issue. Even the current Plan does not consider this. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 3 of 12 A draft Ordinance is not yet available until it is known how the Board wants to proceed. They will bring back the Ordinance if appropriate. The options for the Board are to approve the text amendment, deny it, table it, or continue deliberations to a future date. Commissioner Baney asked for a few moments to discuss an issue with County Counsel. After the brief recess, David Doyle said there are ongoing concerns regarding Commissioner Unger's position and activities related to water. Unless he stands to gain financially, he should not have to recuse himself. This is legislative in nature and legislators can have an opinion on an issue. However, there may be other considerations beyond the legal aspects. Commissioner Baney was clear that she respects her colleague. There is the ability for transparency in government, and she was unsettled by some information in the record. The decision and deliberations are one of the toughest issues she has had to face in nine years. She stated, however, that she has never questioned his ability to be objective and have integrity. Commissioner Unger said he feels he can be impartial, and does not have personal gain by a decision one way or another. He is biased regarding water problems in the area that are a huge concern. There are legal issues with spotted frog and environmental issues. He wants to find a good plan to move forward. The planning around water needs to be collaborative and they can't be prescriptive. All have to come to the table willingly to work with problems relating to ground and surface water. Having adequate water is a serious issue and will be even more important in the future. He has been working with others on a regional water plan for six years, with Bureau of Reclamation, Districts, cities and others to figure how to help with this problem overall. The plan is not in place yet. He does not want to get in the way of the bigger picture. He wants to be sure they work together, and if his work in this regard creates a problem to move forward, he does not want to be in that spot. He would prefer to step back if there is a perception of bias, but it may become a harder decision for the others. He wants what is best for the entire region. He does not want to create any issues as they move forward in collaboration. Therefore, he will refrain from making a decision on this case. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 4 of 12 Chair DeBone said that this is a tough situation. He sees this as urbanization at the edge of the City. Irrigation was a choice of the community over 100 years ago. It is a high priority to conserve that water and put it to proper use. He also knows they are talking about residential properties individually affected by this. He does not want conflict but has concluded that the piping in the zone should be an opportunity for the district to proceed. Commissioner Baney said all they have to do is pick up the newspaper to see what water issues are affecting communities. It is critical to manage it properly. Renewable energy is also critical to sustainability. It can be a good source of income, as most conservation efforts do not generate funding and are hard to pencil. She also feels strongly about the ability to have public discussions in this State. gY Y p Goal 1 is public involvement. An outright use is when the benefit outweighs the right of that involvement. She does not feel that safety and health concerns do not warrant the lack of involvement. The conditional use permit allows for this involvement. This goes directly into the community which has a right to a voice. It does not trump any kind of development project, however. Similarly, there is the question as to whether a holder of an easement has a right. They do, but they also have a responsibility. She does not feel this trumps the interest of the property owner who also has a voice. The Carey Act affords opportunities for maintenance of the facility, which leads to the support of the economy and the community. The unique circumstances of a CUP affords working together on it rather than after the fact. For those reasons, in regard to the question as to whether piping is an outright or conditional use, she believes requiring a conditional use process is the right way to go. She wants to be crystal clear that this does not mean an outright denial. The individual's voice is powerful, but it cannot shut down reasonable conservation. Chair DeBone hoped for a mediation opportunity, not a Board decision, but thinks it is too bad the parties did not communicate well on this. As a Commissioner, he feels he is in the cross-fire. The 100-year history of irrigation is important. He is not looking to pick a fight, but he knows this is an issue that is important for the entire area. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 5 of 12 Mr. Lelack said that the Board would need a motion to pass or not. The application would be denied if CUP is needed. BANEY: Move to deny the application, which moves them to the conditional use permit process. DEBONE: (Would not second.) The motion died for lack of a second. DEBONE: Move to approve drafting of the text amendment. BANEY: (Would not second.) The motion died for lack of a second. Chair DeBone said that they have been studying this carefully, and are serious about their decision. Commissioner Baney stated that she appreciates the public involvement, and is confident about her decision. Mr. Lelack clarified that because both motions failed, the application is denied. The applicant can move on to a conditional use permit process if desired. 5. Before the Board were Deliberations on File #247-14-000373-HS, an Application for a Plan Amendment to Designate an Approximately One- Mile Segment of the Pilot Butte Canal in the SR-2.5 Zone as a Goal 5 Historic Resource. The Board addressed this item prior to item #4. Chair DeBone referred to the decision matrix developed by staff. Matt Martin provided a brief background of the process and the items to be deliberated. Upon submittal of the application, staff identified a timing issue relating to a text amendment that had also been requested. Staff and the applicant issued a rejection of this because of the timing. There was also an issue of ownership, and whether COID is an owner or has an ownership interest in the canal. Staff found that the timing criteria on the application was that it should have been submitted prior to any other that might be affected by the historic designation. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 6 of 12 Based on ownership information, and on the Hearings Officer's decision and other cases, COLD is an owner of record. This is important in regard to a historic designation, as Oregon allows an owner to refuse this designation. These are the two main questions for the Board today. Commissioner Baney thanked staff for the work being done. She appreciates the community's interest in protecting the historic nature of some things. In terms of timing, she is not able to separate this out as a legislative amendment that affects all the properties. It is directly related to another application brought forward before this one. In looking at Code, the intent was meant for situations such as this, whether an application or a permit, to try to stop an application already in process. She supports staff decision regarding the timing of this application. Commissioner Unger feels they should take apps in sequence especially when they affect each other. Chair DeBone agreed as well, and supports staff decision. UNGER: Move to adopt staff's finding because TA-13-4 is affected by a proposed historic resource designation; therefore, application 247- 14-0000373 cannot be filed while application TA-13-4 is pending. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Issue #2 relates to ownership. Commissioner Baney said this is a tough one. Most properties have easements and those easement holders can't tell you what to do with your property unless it impacts the easement holder directly. She believes that the interest in this particular case outlines their ability that changes within an easement does not interfere with the uses authorized by the easement. They have an ownership interested but she disagrees that they have free reign over what happens to the property. It is a right to use the land for the authorized uses set out within that easement. Commissioner Unger said he grew up in Redmond where there is a small COID lateral. It allows the water to go through the property but they had no right to the water. The irrigation district had custody and control over this facility. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 7 of 12 The property owner had to abide by that, while it went from a wooden flume to a concrete pipe. They had no say over this as it was a function of the district to operate their line as appropriate. They have control and a right to manage their facilities through personal property. Chair DeBone said that both parties should be able to work together on what is there. The easement and canal are for the distribution of water and this has been so for over 100 years. When it comes to refusing a historical resource, he sees the point, but wants the parties to work together. Commissioner Baney asked Commissioner Unger if the support he is noting is broad. She suggests it would be something that would prevent them from operating as they do with their existing easement. He agrees with this. The district has a right to use the property where the easement is for their operation. Chair DeBone stated the wording is tricky. Commissioner Baney stated it does bleed into the next issue at hand. If it was not allowed, they may not be able to operate or maintain it properly. BANEY: Move to adopt staff's decision and findings that COID is an owner and can refuse a historic resource designation on this segment of the Pilot Butte Canal. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval, with one name change. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Consent Agenda Items 6. Chair Signature of Document No. 2015-100, Amending an Intergovernmental Agreement with the Oregon Health Authority regarding Behavioral Health Services Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 8 of 12 7. Chair Signature of Document No. 2015-176, an Intergovernmental Agreement with City-County Insurance Services, Clackamas County and Washington County for the Purpose of Creating an Insurance Pool to Purchase Excess General Liability Insurance 8. Chair Signature of Document No. 2015-078, a Services Agreement between Adult Parole & Probation and Vigilnet for the Electronic Monitoring Program 9. Board Signature of Resolution No. 2015-015, Initiating Legalization Proceedings for a Portion of Tetherow Road 10. Board Signature of Order No. 2015-015, Causing a Portion of Tetherow Road to be Surveyed, Road Official Filing a Report, and Notice of the Legalization Process 11. Chair Signature of Document No. 2015-174, Certifications and. Assurances Required to Receive Federal Transit Administration Funds 12. Board Approval of Document No. 2015-175, an Amendment to an Agreement with ODOT for Special Transportation Funding 13. Board Approval of Special Transportation Fund Advisory Committee Recommendations for Distribution of Federal Transit Administration 5310 Grant Funds 14. Board Signature of Resolution No. 2015-021, Transferring Appropriations within the Healthy Start Prenatal Fund/Public Health Fund 15. Board Signature of Resolution No. 2015-018, Transferring Appropriations within the Sheriff's Office Fund 16. Chair Signature of Resolution No. 2015-017, Appropriating a New Grant in the Behavioral Health Fund 17. Chair Signature of Resolution No. 2015-014, Increasing the Clerk's Office Change Fund. 18. Board Signature of Letters regarding Forest View Special Road District: Accepting the Resignation of Daniel Court, Sr. and Thanking him for his Service; and. Appointing Patricia Myers through December 31, 2016, Kyle Williams through December 31, 2017, and Norman Misaique through December 31, 2018 Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 9 of 12 19. Approval of Minutes: ▪ Business Meeting of March 11, 2015 • Work Session of March 11, 2015 CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 20. Before the Board was Consideration of Board Signature of Resolution No. 2015-016, Transferring Appropriations in the Black Butte Ranch County Service District's Operating Fund. UNGER: Move signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Board Signature of Resolution No. 2015-019, Transferring Appropriations in the 911 County Service District's Operating Fund. UNGER: Move signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $12,227.25. BANEY: Move approval, subject to review. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 10 of 12 VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H. COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of$1,899.81. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of$760,526.63. Erik Kropp noted that $162,000 was paid to Circuit Court regarding foreclosures, and a Telecare pass-through payment was also made. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 25. ADDITIONS TO THE AGENDA None were offered. Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 11 of12 Being no other items brought before the Board, the meeting was adjourned at 11:10 a.m. DATED this S714-' Da Y of 2015 for the Deschutes County Board of Commissio ers. Anthony DeBone, Chair a/e244. Alan Unger, Vice Chair ATTEST: U..i' (69.){, Tammy Baney, am�nissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 12 of 12 , ,.,. • ., MountainStar .„. .„. ,.„ 1 Family Relief Nursery McuntciinStctr family relief nursery 2015 SPRING NEWSLETTER y,w SAVE THE DATE FOR MOUNTAINSTAR ° " � a � ` w �, : NADRA5' ANNUAL LUNCHEON! P a4Ay � �� ,'�a ' ��, ti y: h .*4.,y,,�Q day: Thursday,April 30th " "�� M .., ' ;(fittingly the last day of Child Abuse Prevention Month) , W „ r, ,p N ep m to p Pr v at ,. tia. place: Madras United Methodist Church W. �' ' tr rsvp by email: kaylar@mountainstartamily.org °: a This is a wonderful event and a great opportunity to heal IrornMountainStarlarnilies, staff and NEW PRINEVILLE RELIEF NUR5ER`J supporters. We look- forward to seeing you there! We're here for vulnerable families. , OPENING IN APRIL! MountainStar �'c MOuntainSlar is opening a flew Relief Nursery to SPIV"e Madras Relief Nursery @� at-risk children and fan-lilies of Crook County! The need is MountainStarFamily.org ` w' ' urgent: Crook County has one of the highest rates of child abuse and neglect in the state—last year Ifrere were 21 confirmed cases of abuse/neglect per If you have driven north through Madras lately, every 1,000 children (the stole average is 11). The new Relief Nursery will serve you may have seen our new billhoarc] along 30 of the county's highest risk families during their childrens' most critical the west side of Highway 97! Special thanks to development phase; the first 1,000 days of life. KeelyTcylor of Pacific Residential Mortgage for donating this exciting promotional opportunity to With the help of our supporters, MountainStar helps families whose MountainStar Madras Relief Nursery! babies and toddlers are being exposed to toxic stress, emotional trauma, and chaos at home—all of which have detrimental impacts in young developing brains. MorietainStar's services are delivered with a commitment VISITS HELP REUNITE to the highest level of quality, and that includes aligning our approach to ht with CHILDREN AND PARENTS the cultural and ethnic norms of people we serve. Out new Prineville team will pay particular attention to Ifre unique needs of un/under-employed, Spanish- speaking, and Native Aineiicon families. MountainStar has a little-known hut The new Relief Nursery will follow the same model of early childhood valuable program that helps families abuse prevention as in Bend and Madras. The initial 505,000 01 start-up after children have been placed 111 fundinq has been secured by the regional F:aily Learning Huh, hut it will cost foster care. Research documents tl-rat the more approximately 570.000 annually to operate a lull satellite Relief Nursery similar time parents visit with their kids, the taster they to MountainStar Madras. flue to lirrritecl funding, Prineville take care of issues keeping there from earning will start out as a one classroom, ti custody, and tire more successfully they reunite. two employee operation, and as more *t donors step forward in support of MountainStar offers a supervised visitation Crook County babies and toddlers. , ' program in a larnily-friendly setting where parents we will Iro able to serve more families. and children conk and share meals. cuddle, rr ncl, , and more. This program is 100% funded, thanks If you are compelled to help your Count in Crook neighbors to contracts with the Oregon Department o1 nei 9 Y, please 40+4;r Human Services. I'or three years, MountainStar go to mountainstarfamily.org and 1 has also keen participating in a researci-t project click to donate OR send a check to culled Relationship-Posed Visitation that wraps 2125 NE Daggett Ln,Bend, OR 97701 MountainStar Prineville up this month. Parent feedback has shown the and use the memo line to designate 765 North Main Street project helped caregivers improve their nurturing your donation to Prineville. Thanks! To visit, call 541-416-0146 skills and attitude toward parenting. MOUNTAINSTAR BEND - SIMON 5 STOR`J BEND: WHAT 30U GAVE IN 201`1 Amanda at MollntainStar Bend has been working with Simon 665 individuals and and his mom since the fall businesses contributed I of 2013. At that time, mom did riot ,,/ have a job so she and Simon( age one) $260 8Q C�"7 were making due with lood stamps, rV getting some cash assistance horn the 1 foundations• '• :; W`� slate and staying in various friends' 1 contributed• ,yM Mc (� homes while they waited for low income � x,: ,� �tiM a ���~, housing to hc�cnrlle available, 'this 1 43,777 unslahie envirorimeilt., combined with the tact that mom wasn't slice what activities were developrnentally appropriate for Simon,was 4 state and counly taking a toll on both of them. agencies contributed When room reached out to MountainStar, she told Amanda that she was a high school diopout, had a past history of drug abuse and was not raised in a way that had given her $296,508 positive parenting behaviors to model.What she did have was a desire to do better for herself and her son, and was very receptive to suggestions on how to do just that. 'today, morn has a job that she secured through the jobs program. as well as reliable transportation and stable 320 in-kind doniions housing for herself and Simon. Most inlpoltautly, she is learning how to relate to and null LIP valued at Simon during his critical toddler years.And on the dark days when room is clown on herself $57,050 for riot having more money or a better place to live, Amanda reminds her of how far she and Simon have come and how much she has accomplished in improving her son's quality of life. CHILD & FAMIL3 THERAP`J PROGRAM RE-LAUNCHES! The average family enrolled with MountainSlar lives with a staggering (181 number of risk-factors that cause toxic stress in children and parents alike. We've learned that counseling can be a game-changer when it comes to helping people heal themselves of toxic stress and the litany of issues that come with it —think parents struggling with severe depression and children detrimentally delayed in every area of development. t'or seven years, MountainStar managed to offer in-house therapy by way of Program I)irectol Cherie Skillings doing double duty. Unfortunately,funding and staff bandwidth petered out in spring of)014 and this vital resource for families came to an end. Nlountain.Stai is thrilled to announce that, thanks to generous donations from David & Shelley Butter and The Bend Foundation, our Child & Family Therapy Program was revived earlier this year! The new-and-improved program will offer services including interaction therapy, depression WHAT IS TOXIC STRESS? support groups, and individual and family counseling—all Harvard's Center oil the Developing Child defines toxic stress as the persistent activation free of charge. Cherie Skillings, of the body's stress management System.in the absence of support from a protective MountainStar's Program Director and loving adult.Many of the children we serve at MountairiStar experience toxic stress Bail while their parents are unaware or too of twelve years,was tapped to Y, l y l p stressed themselves to intervene. '�M ll "Air""ay'+$�t' w,.r ..v(p,, (" i ' lake on this new pall-time mental health role. She has chosen In Unrelenting stress caused by extreme ""' take this opportunity to follow her poverty, neglect, abuse, or severe %am. passion for working directly with maternal depression can negatively alter families. Cherie has been a leader a young one's developing brain, with since she arrived at MountainStar long-man consequences in learning, in 2003 and we celebrate her behavior, and physical and mental health. Positive Relationships Extreme Neglect transition,while simultaneously f'' (:vntxrnn the(kvclopeng C.:hVMPlnnpvnxuuxrvf�s,r This is what we combat at Mountain5tar. welcoming our new Program } _ : WHO `JOU HELPED - RELIEF NUR5ER3 NUMBERS - 2019 TOTAL CHILDREN SERVED IN THE FAMILIES WE SERVE.:. 263 36% of children have a disability all babies and toddlers, 41% of families do not have enough food 6 weeks through 3 years 53% of parents are survivors of abuse 65% of parents have mental health issues 74% of parents are un/under-employed 20 families are currently homeless TOTAL PEOPLE IMPACTED kids+family members 591 DESPITE ALL THOSE CHALLENGES... 196 in Madras 395 in Bend of children enrolled at MountainStar remained 91% safe from abuse and neglect TOTAL HOME V[SITS of parents felt their relationship with their 1 092 for therapeutic classroom 73% child(ren) improved within r program participants their first six months in + safety net families MountainStar's programs MOUNTAIN5TAR MADRAS - SARA'S 5TOR`J MADRAS: WHAT OU GAVE IN 2019 Kay is a single motile' who individuals and " r: was diagnosed with railf'PI 97 husu,eSSes contributed "• ) and Luad to have the bottom half of het leg amputated. $20 945 Her health issues led to the end of tf M long-terra relationship, leaving , iy struggling with loneliness and R foundations £`' depression. Kay's young daughter, Sara, contributed w **— wan isolated in the house with her clejecled mother every day, never ahie $30,306 to spend time outside of playing with ollur children. Kay has been working with Joanna at 3 ;tote and county agencies cortriL,utE�d .' MountaiiiHtar Madras for seven months now near the difference is clrarnatic • • Sala spends time in Mou[itainStal s $ 160,315 theiapeulic classroom, bonding with other children and thriving in an envii ortrnent that stimulates arid nurtures hen. While Sara is in the classroom, Kay has bravely mountainstarfamily.org ventured out arid is making positive friendships in the community. She is also inking time to 541-322-6820 take care of herself through regular counseling sessions.Where there was once isolation and 2125 NE Daggett Lane sadness, Kay and her daughter are now blossoming. Bend, OR 97701 A is Aril C hild Abuse w. Prevention Month „b4, „„ Reported instances of child abuse last year: Crook County - 8] JeFFerson County - 58 Deschutes County - 252 MountainStaf is launching a Child Abuse PrcvPntion Month Fundraising Campaign. Our goal is to raise 540,000 in Ilse month of April so we can continue keeping But... of children enrolled Central Oregon children sale, parents successful, and families Ingei ei. 91% atMountainstar YOU can protect a baby from abuse. remained safe from abuse YOU can rescue a toddler from neglect. and neglect! DON'T WAIT — DONATE today at mountainstarfamily.org tee,,Arm paltun vy1 .o° �% a0 6io-Aiiureileisutelunoul ri TOLL6 710 'Puo�i 0ue1 11-oPGo[I ,dN g(I.0 ,c,.1 gGG,An U 40110,1 ioisuaoiunoW S oak.. Community Development Department s;.- Plahhing Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764, http://wartivir,.co.deschutes,or,us/cdd/ MEMORANDUM DATE: March 25, 2015 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner Nick Lelack, Community Development Director RE: Central Oregon Irrigation District Text Amendment (File No. TA-13-4) Central Oregon Irrigation District (COID) applied for an ordinance text amendment to amend Deschutes County Code Title 19, Chapter 19.20, Suburban Low Density Residential Zone (SR- 2.5), to add the following use to the list of Permitted Uses in 19.20.020: E. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District, except as provided in DCC 18.120.0501. The Board held a public hearing on the text amendment request on July 2, 2014. The written record was originally closed on July 16, 2014. At the request of the applicant2, the Board approved an abeyance of the process to allow for possible mediation between the parties for the text amendment. The Board3 issued a memo dated August 4, 2014, that stated: "In order to provide an element of certainty for the parties, the community and interested persons, the BOCC endeavors to completing its review and taking final action on the pending text amendment on or before March 25, 2015." The extension of the process also left the written record open, and the Board determined under Order 2015-018 that the written record would close on March 20, 2015, and the Board would conduct deliberations on the text amendment on March 25, 2015. Attached for the Board's review are the additional written materials submitted to the Community Development Department since the August 13, 2014 Board work session. In addition, included in the materials are: (1) A summary of arguments for and against TA 13-4. This summary is not all inclusive. (2) An ordinance matrix that identifies the applicable Bend Area General Plan (BAGP) to this application submitted in the record on Friday, March 20. The issue regarding which comprehensive plan applies to the proposed text amendment has been raised The applicant's proposal referenced DCC 18.120.050,which is part of Title 18 not Title 19. If the Board were to approve the requested amendment, staff believes the reference should be to DCC 19.92.130. 2 Letter from Elizabeth Dickson requesting abeyance,and which included a tentative mediation schedule. The Board issued an August 4,2014 memo signed by Tammy Baney, Board Chair. Quality Services Performed with Pride throughout the process. Staff's position is that, to the extent any of the ordinances listed in the attached matrix address the subject area, those are the comprehensive plan provisions that apply to this application. Previously, the Planning Commission unanimously voted to recommend denial of this application after conducting a work session on January 27, three public hearings on February 13, March 13, and March 27, 2014. BOARD OPTIONS: Conduct deliberations and decide to: 1. Approve the text amendment. 2. Deny the text amendment. 3. Table the text amendment (take no action). 4. Continue deliberations to a future date. ATTACHMENTS: 1. Summary of arguments for and against the proposed text amendment. 2. Ordinance matrix for the Bend Area General Plan. 3. Written materials submitted after the Board's August 13, 2014 work session. BOCC Memo (TA-13-4) Page 2 '0 '� a x rte-) O Cl) C CO C -Cy E 0 m C O C vii i } aJ 0 N Z. a; a O cn a 0 -O 0 O +� a ana 4- 3 a c ` z W O N a ▪ 3 0 4 O d- c co 13.0 -CS 0 a s O +� a) V) N ,� ▪ a) o N I O d4 a vl D = n Z C Cl,zt • C p m tl, ;- c p a In a U ro N a O II a co •%- •- o 3 s y v o d a ao a •Q ; ai o ^ C C o a a a' , C +' y_ ro p N v CD •C �•-1 'X C d >r L ro ra }+ o V ro a o a Z +' c .v)_ _ ▪ O 4i O- Es7 n 4J O c U' c E t 4 a ro a m u v E 4, 0O v) 4 +� c 7 O a a O la ro C V m c _ +, ro a I t]O a a a ro a ro o a °+�' C t u ca a Cr a +, +� E rao o v a c c w n `~ •w co ao C O U C r a ro CU) c cu L c O +� a 0 C v v, O (N s -p 4- t C w a -a cu E 4-a GO 'a C CO _ «°,u m +- 'a o a p E Z C E a CU E +, - n o aro, . u° v u• :- o 0 a a c a E C +' CU .- } p 4 a .0 4 ai s CCD eri C V) -0 o E +' o 4- u v ci.*'' ,� c ro t' -a o CO C •C n0 ri @ +, O • c c c O c 0 3 0 3 tea, i^ co I- 49.." ..+ U a i ro a c ,,, a co m a co +-. a a co Cl) a p O O 2 o O a +' E , -O a GO C • n, +, a ro a �, a m CIO a N N C `n E a_ c C CIO •+'-, I N Q a•+ a ro a V1 v) 1 V) co �° E 3 v' v) U I- '3 OJ c m Q a a 0 ' O C w •N ro a v) a E a m O v) ++ ro C O C 3 v C > E E O n ,c c 3 3 E o `° _c a c E a o t o C c 'in C CO I. 0 •- CO c C ro d-• E -• a a OH C ad E \ c, a a' -a '� o (Cl C ❑ fO O 0 N t L c U ro a �!+ U �' a 3 "" N in E• c O Q H E ca • 0 .- 0 vi o vi a • 3 a 0 ▪ CO L v .� .� xt a 0 : z U v, a, c +� +, •> 0. +•1 *' x• '- • c a s 4, C In a a rcl co = n ~ (9 0. ' m v •E -0 C LL a 0 M i O Q t]Q O 7 CD ro v1 a C •�..� y E Q (O O d- O� c -a• 'C] o C 0 1 �_ �' L }I , (Cl a) L o < t 't cc c N c a n -o O a O L ++ ri O_ a a L •0 a U ro C '� a 0 '3 ' a CO E a-' N O im co O w - C = Z a z o a U) a 3 0 •0 m° ro •- vi v a = 0 c 4- I o a z C a) m 4- -a m x s7 a a LL +- Z a a •0 7 v) cu _c a -0 a a m C a E n z a i2 cn t t , ro 0 o a ° it •-, I •0 iri " iri N 7 u 0. 0 co 1 a N ro 4 czr 0 N M rl Cr; M C p 0 E N 41 N 3 N W '--' 0 G1 N > c VI 0 m is L 00 W y7 N N .0 v) c 7 N O c .0 ro -0 .0 co N IDD N N 1 E C N V U E E 0 a Ca m s 0 s .—a) E E s E C N a C W a ar w f° C L m a Z c, v ° om ao 0 0 = u aaio • w w0 o a a H O eu 0 Q ., zm 0 ON -) 0 2 i2 2 SUMMARY OF ARGUMENTS FOR&AGAINST TA 13-4 CONTAINED IN THE RECORD ARGUMENTS FOR: ARGUMENTS AGAINST: 1. Water Conservation 1. Policy Issues • 19.6 cfs of water being conserved through • TA would revoke Goal One protection of the completion of the first phase of piping public's right to participate • 7.8/7.95 cfs of water could be conserved in • It's unfair and unjust to change a process second phase of piping in SR-2.5 Zone midstream;COID initiated the process fully • Conserved water is returned to the aware it was not allowed as an outright Deschutes and Crooked Rivers Permitted Use in the SR 2.5 zone • The canal water does not really recharge • Hydroelectric facilities are clearly and underground aquifers appropriately addressed in the Conditional Use section of Title 19 for good reason, and 2. Energy Production should remain so • Piped water currently produces 3.3 • Project should be reviewed on an Urban megawatts of renewable energy(power for Growth Boundary-wide basis, not as an 3,300 homes) isolated SR 2.5 issue • Second phase of piping would increase this to 5.0 mw and power for up to 5,000 homes 2. Environmental Concerns • Loss of wildlife habitat along canals 3. Environmental Benefits • Groundwater recharge, both shallow and • Increased flows in the Deschutes and deep, negatively affected by piping(deep Crooked Rivers aquifer impacts detailed in 2013 USGS • Increased flows aid in fish and wildlife report) habitat and recreational needs • Piping of canals is already discouraging use • Faster and colder flows reduce algae of in-stream lease agreements, a major growth and screen blockages source of water conservation in the basin • Cities will have access to mitigation credits, • Canal can be lined rather than piped to providing more water for growing achieve conservation goals communities 3. Livability 4. Financial Benefits • BAGP calls for trail to be built alongside • Income from sale of hydro power funds open-water, "major"canals piping construction • Damage to neighborhood aesthetics if • Water delivery is less expensive for local water replaced with 12 ft. berm and fencing food growers • Hydroelectric facility forebay will be safety hazard in residential neighborhood 5. Impacts • Hydroelectric facility forebay would become • TA impacts all of COID's Pilot Butte Canal a continuous repository of refuse (and other canals)in SR 2.5 Zone • Owners would bear brunt of economic impacts for the benefit of COID patrons 6. Legal Arguments • COID's Board of Directors has the ultimate 4. Legal Arguments authority over District decisions • Canal reach should be protected as an • COID's rights-of-way are Federally historic resource protected and recognized by Oregon Law • Applicant has no legal right to excavate on • Public right outweighs harm to adjacent private property, including under south end properties as a matter of public policy, by of Old Deschutes Bridge Federal court decree • Applicant has no legal right to build earthen • COID owns its rights-of-way and therefore berms(structures)alongside forebay has a controlling property interest • Expansion of easement would place • Restricting COID's right to pipe is a "taking" significant burden on servient property owner NOTE: These arguments do not represent the views of the Community Development Department. TA-13-4 Document Log (8-14-14 to 3-20-15) Item Date Submitted Tom Hignel email to Nick Lelack 8-22-14 Schroeder Law Offices letter w/attachment 12-29-14 Laurie Craghead—Legal Opinion for the Record 1-28-15 Karen Jones letter 2-24-15 (Received 3-4-15) Greg and Sue Vernon letter 3-3-15 (Received 3-5-15) Ronald and Joy Minnice email letter 3-11-15 Elizabeth Dickson email to David Doyle 3-11-15 Elizabeth Dickson letter to BOCC w/attachments 3-12-15 BOCC Agenda Request 3-12-15 Sheryl Mondt email letter 3-15-15 Ron and Joy Minnice letter to DCPC 3-15-15 (Received 3-17-15) Curtis and Stacy Pell letter 3-15-15 (Received 3-18-15) Ron and Joy Minnice letter 3-16-15 BOCC Order No, 2015-018 3-16-15 Thomas Casey/Natalie Jameson letter 3-17-15 Gerald Aylor letter 3-17-15 (Received 3-20-15) Linda Aylor letter 3-17-15 Trace Tipton letter 3-18-15 Joette Storm letter w/attachment _3-19-15 Brian Sheets email to Staff 3-19-15 Ordinance Matrix 3-19-15 Robert Rector letter w/attachments 3-19-15 COID letter 3-20-15 Aleta Warren letter 3-20-15 Aleta Warren letter(second one) 3-20-15 Gladys Biglor letter 3-20-15 Liz Dickson (Hurley Re) letter w/attachments 3-20-15 Pat Kliewer letter w/attachments 3-20-15 7. 44, c a C y.. C CO ro U m a V/ M U 1+Y O}C 0. c"n 1- c o •u o c 3 •c CO +s, •U m a co c o L o s n CD +� a o c .� a o n v) " c o a u +� °- 0 , ca, L5 `^ +, .� G. m C Cr +� +, 00 o GL C .L C _a Q U q) 1X da U -0 .0 a m o Lc a +~, C c roc +, c E •u -o Z3 O N G +•. i^ a a o CO v, n co C �O (134-' 03 O C a U w Cl) �. o ', u < o +� m -a E ce a a co" a d w- o +� a VI ` o .4 +, et 4- a ,n re m n +' -c 3 m +- c ,n CD m c . +- d o a C 0 Mt ri 0 m a u M a c +, L a .p a) c. a a L O C p ' o O a EO ++ rn Q O C D u } pp ''• 3 a p 'O cn O v a) N o L a no r 3 + a O aa vi g �2 C L s dt co ¢d- cx. L +. N o H c -o co O -p U s... "a m 0 ++ co Li co Cl) c cn VI o M a c co o a •� O n D ri +a c d Q a c Y c c 3 - c ' d u c E. co m •+, _o O a) a } a a a C2 CO ro 3 - Y 'v n '- c a '' +� +� L c O u a +, ro c 3 C L i c OD a �"" *^ rco u to o •5 -a L 7 'O — q) o •7 a Q ;F 'O .'^ a +, m a o •c] 'a -C ° Y o a c *' a c - 4-• a s2 0./ C aq E d a L, -O a c ' a c o = m Q -a = 3 E u 3 co C -a +., co m it a m c E a Q -a 3 E i c ,,".. M .6 ci ni s c p +, 'O > V C 'O C .a-� ro a ro r-1 7 ro C CO a a s■ a U ++ p ,n cc C co Q rZ !t- p U _ O �} L L.Li .1 o n rn •Uo o 0 0s n a QD U' co = Q � 3 c N •R .-1 c •c 0 c .E 0 c •CO c Z p cn d 0 -0 a -c rri a) Q 4-' O +� in U CO 0 op0 `4. O-:•U' O c ++. w r4.1 o U a i:. co co m a N. 1p as (0 op a 0 C p V1 a co •� n c. O CO IL1 O c .0 C c N p ► to m +-' c Q a-i to CO CL �, C OA •- O 4 a s O c c m n C To" +7�- m L Q in E N M 'n . Q. O U m a U m O +x'+ Q 4. •r^ L1 0 L 'O U L +� c O a a -a r'l _ L o o CO -0 a -Ea 4' a m a c a . am) ° 'a _ C o ai c +J c O t c U a p c s Y a c m cn E 'n +�. .00 � c a CO o OA v Q. O CIO ccv s ° a +- m E . c O > a) 'p +, m ° C o -a .--c °Y) tea) '>- Cl)c c au Cl) c E@ c aa i .0 Da co m Q ? a 'o i •? a v E cci CC E a c o 1.- c ~ ° o c O `a. C C m a°i c c 3 U -O a c c p a a 0 -a U' a "1-,_ U) Q �? a U' c a ro a s }? rco ,_ E ., o o a m c a +' '+`+ m a E m > L C c o co o u +, m O . .°_Q ?• '- co c °° . t c a u • +, .� v, c c am) 0 .-• o� rn o d .�° o 0 o a ai a °� ai •ni 3 - w to m c a m � U c .0 ^ E � p o •E C L E N ocA -a 5 a 0 c 3 F Cl) :a -a c to a "' ,,. c m �' u o O aa) a O L .C.4± N a CI +� .O 7 fC6 C O E •C ++ c }' E a `) N m fl- `c° a' Q) °' aci Cl) a o 3 .L ao ,n D C)) O m a W ai o U �c d c E m v, ra ro w a w +, co" c C O n � vli .0?3 0) v :c = vi O '0 d U �. O = C -C c CO c +, -- 0 ,) o 0 . co c cn c M in u vi C Y H a U a Cl) cn C a) 00 O t a a • a . O - U O s m D vs O L E v; 4 ° N n E O '� vYf ` _ .,, s a O ••A o. U Rl O c F. vOi N .,,, ,U C w .0 CO a - co VI i a U i Y ro `n ' a O " o C u Q -c co "Q rZ L O N - - d -co 3 .o c Q Cl) • O H o_ .- 'n I- 0 E co 3 a ca co H a L w I- 0 Q .-, O +� u Q H U :,E • • • • • • • C fi u n. •C V) A. QCi t 0 lb u `c 0 VI n 4 x C N a O) �` 4* b C 0 a c F.. a .� m C 'a d fi `uh :+ g s c H -0 .... $ 3 O 4C 4 o O e ca 4 01 E'�, u o) Z. a) i a Q W ,..� oc E Q N — ct h N O O -x o`", a a, a- a s a v o C `^ March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, ,JOY\ 21 5 . Co/-t-40.et, at , f 6t-n61 Gt. 97701 March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincere) yours k March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a ortion of only public hearing on this issue before the County Planning P Y one p Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely urs / ' YY - O44f4, . �, ��� March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, / L ) C ;/1\1'� r March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COI and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COID manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Sectionl5, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, Cam` Date: March 18, 2015 To: Deschutes County Board of Commissioners From: Judith Ure, Management Analyst Subject: Special Transportation Fund Advisory Committee (STFAC) Recommendations for Distribution of Federal Transit Administration (FTA) 5310 Funds Special Transportation Fund Discretionary Grant Program Each biennium, Deschutes County solicits grant applications from local transportation service providers for projects to be included in the County's request for funding through the Oregon Department of Transportation's (ODOT) Federal Transit Administration (FTA) 5310 funding program. Programs and projects supported by 5310 funds primarily facilitate transportation services that benefit the elderly and/or disabled and can address a wide variety of uses including capital equipment purchases, vehicle maintenance, purchased services, and operations. Applicants must provide matching funds to support the project at a rate of 10.27% or more depending on the request category. Grant applications submitted by local service providers are reviewed by the Special Transportation Fund Advisory Committee (STFAC) which then forms a recommendation for consideration by the Board of County Commissioners. Upon Board approval, staff compiles the recommendations into a composite County request for grant funds. STF Advisory Committee Review Process ODOT has allocated a total of$1,166,381 to Deschutes County for FTA 5310 funding requests. In response to a public solicitation, the County received eligible applications for grants in the amount of$1,166,381. STFAC members considered the merits of each application as well as the community priorities outlined in the Deschutes County Coordinated Human Services Transportation Plan, applicant history, scope of benefit, geographical impact, and sustainability issues to develop preliminary individual recommendations. During a public meeting held on March 18, 2015, the STFAC met as a group to develop a consensus recommendation for the Board's consideration. STFAC Recommendations The following table details the STFAC's recommendation for allocating FTA 5310 funds. As the amount available to Deschutes County was sufficient for all the applications received during this cycle, the committee chose to fully fund all requests as submitted. Applicant Description Total Match Recommended Cost Grant City of Redmond Contractual transportation services provided $438,169 $45,000 $393,169 by Cascades East Transit. City of Sisters Contractual transportation services provided $64,265 $6,600 $57,665 by Cascades East Transit. Deschutes County Contractual transportation services for La $97,371 $10,000 $87,371 Pine Community provided by Cascades East Transit. • Cascades East Transit Preventive maintenance for existing fleet. $251,029 $25,781 $225,248 Cascades East Transit Replacement vehicles. $141,362 $14,518 $126,844 Cascades East Transit Contractual transportation services for Bend $307,683 $31,599 $276,084 Dial-a-Ride. Board Action Staff recommends that the Board of Commissioners approve the recommendations of the STFAC as submitted and to authorize staff to submit the resulting 2015-17 FTA 5310 Grant Program application to ODOT. Bonnie Baker From: Anna Johnson Sent: Friday, March 13, 2015 2:52 PM To: Anna Johnson Subject: Request for Public Comment/Meeting Notice 1 ESC MEDIA CONTACT: Judith Ure at (541) 330-4627 j` a ' Q z NOTICE OF.< 14 Q SPECIAL TRANSPORTATION FU ANDDVISORY COMMITTEE MEETING REQUEST FOR PUBLIC COMMENT FEDERAL TRANSIT ADMINISTRATION 5310 FUNDING The Deschutes County Special Transportation Fund Advisory Committee will meet on March 16 at 3:00 p.m. in the C.L. Allen Room, located on the second floor of the Deschutes County Services Building at 1300 NW Wall Street, Bend, Oregon. The purpose of the meeting is to review the following requests for funding from the Federal Transit Administration Section 5310 Program offered through the Oregon Department of Transportation to primarily support transit services for the elderly and persons with disabilities: • City of Redmond: $393,169 to purchase contractual transportation services. • City of Sisters: $57,665 to purchase contractual transportation services. • Deschutes County: $87,371 to purchase contractual transportation services on behalf of the La Pine Community. • Cascades East Transit: $225,248 to maintain existing vehicle fleet. • Cascades East Transit: $126,844 to purchase two replacement vehicles. • Cascades East Transit: $276,084 to purchase contractual transportation services to support the Bend Dial-a-Ride program. Deschutes County invites comments on the proposed applications which may be submitted by sending a written response by March 24, 2015 to: Judith Ure, Deschutes County Department of Administrative Services, PO Box 6005, Bend, OR 97708-6005, or by attending the public meeting described above. Contact Judith Ure at (541) 330-4627 for additional information. ## 1 91 111 9, Anna Johnson I Public Communications Coordinator o. Deschutes County Administration o/c ir-( 1300 NW Wall St.Suite 200 I Bend,Oregon 97701 —.."°---...„.7— Tel:(541)330-4640 I Fax:(541)385-3202 Deschutes County encourages persons with disabilities to participate in all programs and activities.If you need accommodations to make participation in an event passible or to request this information in an alternate format,please contact me. 1 soir w Z •ei4' 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, MARCH 25, 2015 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. THE READING of a Proclamation Declaring April 2015 as Child Abuse Prevention Month in Deschutes County—Kim Bohme and KIDS Center Staff 4. DELIBERATIONS on File #TA-13-4, a Proposal to Amend Code to Allow as a Use Permitted Outright in the SR-2.5 Zone, the Operation, Maintenance and Piping of Existing Irrigation Systems Operated by an Irrigation District - Paul Blikstad, Community Development Suggested Action: Deliberate;provide direction to staff regarding a decision. 5. DELIBERATIONS on File #247-14-000373-HS, an Application for a Plan Amendment to Designate an Approximately One-Mile Segment of the Pilot Butte Canal in the SR-2.5 Zone as a Goal 5 Historic Resource - Matt Martin, Community Development Suggested Action: Deliberate;provide direction to staff regarding a decision. Board of Commissioners' Business Meeting Agenda Monda Y, March 25, 2015 Page 1 of 6 CONSENT AGENDA 6. Chair Signature of Document No. 2015-100, Amending an. Intergovernmental Agreement with the Oregon Health Authority regarding Behavioral Health Services 7. Chair Signature of Document No. 2015-176, an Intergovernmental Agreement with City-County Insurance Services, Clackamas County and Washington. County for the Purpose of Creating an Insurance Pool to Purchase Excess General Liability Insurance 8. Chair Signature of Document No. 2015-078, a Services Agreement between Adult Parole & Probation and Vigilnet for the Electronic Monitoring Program 9. Board Signature of Resolution No. 2015-015, Initiating Legalization Proceedings for a Portion of Tetherow Road 10. Board Signature of Order No. 2015-015, Causing a Portion of Tetherow Road to be Surveyed, Road Official Filing a Report, and Notice of the Legalization Process 11. Chair Signature of Document No. 2015-174, Certifications and Assurances Required to Receive Federal Transit Administration Funds 12. Board Approval of Document No. 2015-175, an Amendment to an Agreement with ODOT for Special. Transportation Funding 13. Board Approval of Special Transportation Fund Advisory Committee Recommendations for Distribution of Federal Transit Administration 5310 Grant Funds 14. Board Signature of Resolution No. 2015-021, Transferring Appropriations within the Healthy Start Prenatal Fund/Public Health Fund 15. Board Signature of Resolution No. 2015-018, Transferring Appropriations within the Sheriff's Office Fund 16. Chair Signature of Resolution No. 2015-017, Appropriating a New Grant in. the Behavioral Health Fund 17. Chair Signature of Resolution No. 2015-014, Increasing the Clerk's Office Change Fund Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 2 of 6 18. Board Signature of Letters regarding Forest View Special Road District: Accepting the Resignation of Daniel Court, Sr. and Thanking him for his Service; and Appointing Patricia Myers through December 31, 2016, Kyle Williams through December 31, 2017, and Norman Misaique through December 31, 2018 19. Approval of Minutes: • Business Meeting of March 11, 2015 • Work Session of March 11, 2015 CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 20. CONSIDERATION of Board Signature of Resolution No. 2015-016, Transferring Appropriations in the Black Butte Ranch County Service District's Operating Fund CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. CONSIDERATION of Board Signature of Resolution No. 2015-019, Transferring Appropriations in the 911 County Service District's Operating Fund 22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 23. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 3 of 6 25. 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 honnie.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.) Monday, March 23 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, March 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session--could include executive session(s) Monday, March 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, April 1 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 25, 2015 Page 4 of 6 Monday, April 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 7 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 8 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, April 15 10:00 a.m. Department Update—Health Services, at Health Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 21 10:00 a.m. 911 Executive Board Meeting, at 911 2:00 p.m. Department Update—Fair& Expo, at Fairgrounds Wednesday, April 22 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 25, 2015 Page 5 of 6 Monday, April 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, April 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, May 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, May 5 2:00 p.m. Department Update—Finance 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, May 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, May 7 1:30 p.m. Department Update—Assessor Wednesday, May 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, May 19 1:30 p.m. Department Update—Juvenile Community Justice, at Juvenile Wednesday, May 20 2:30 p.m. Department Update—911 Service District, at 911 Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 6 of 6