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2016-111-Minutes for Meeting February 29,2016 Recorded 3/14/2016 ,_.OI t"Y ;ji ' DESCHUTES COUNTY CLERKS cV 2016.111 O14r COMMISSIONERS' JOURNAL 03/14/2016 08;46;27 AM 19ifi — Mb 3,06 ER s 111111 2 15-111 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 WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MONDAY, FEBRUARY 29, 2016 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Dave Doyle, County Counsel; and,for a portion of the meeting, Steve Reinke, 9-1-1; Nick Lelack, Peter Gutowsky and Will Groves, Community Development; Whitney Malkin, Communications; and four other citizens, including Ted Shorack of The Bulletin. Chair Unger opened the meeting at 2:15 p.m. 1. 9-1-1 Radio System Update • IGA with State for Radio System • Purchase of Radio System through Harris Corporation • Scope of Work for Radio Install Steve Reinke explained the documents, which will be considered at the next business meeting. This is the culmination of months of discusisons. There will be six radio sites through the State and most of the cost of the system will be offset by this arrangement. The County will temporarily need to cover about $210,000 per year to maintain the switches on this side of the mountains; the other is in Salem. Over time, because they will be building sites in Redmond, Bend and at Hoodoo, there will be in-building coverage for responders where they cannot talk now. The cost will eventually be shared with partners and the County should get to a revenue neutral position. Minutes of Board of Commissioners' Work Session Monday, February 29,2016 Page 1 of 6 This is a robust system and the County would have had to do all of this anyway, without the arrangement with the State. The system has a life of ten or fifteen years, but much of it is software dependent like the radio system in general. They will work with all agencies that have dated equipment so they have enough time to transition to current technology. Every year there will be a process to evaluate the cost. The partners would be local entities (counties) who are looking at the same The State wants it to be equitable and is not arrangement with the State. Th q looking to make money from this. The Harris agreement will cost about $4 million of the $6.5 million system total, but it is for the sites and equipment. This should be done by November, if not sooner. The current system is in trouble, so the sooner it happens, the better. Harris will be testing it through the summer before the County hooks in. The simulation system and a grant allow other frequencies to be used, and they have VHF backup in place. The State has been a great partner, and wants to show this off to the rest of the state. Everyone wants this to work well. Pricing is through State contracting and there is no way to get it for less. The Harris radios have diagnostic ability that is not there at this time. This will show if individual radios are having problems. They are L.CE capable and First Net funds might be available for this program. The ADCOMM engineering agreement will be amended to cover the scope of work, and will act as a third technician during deployment. This will enable management to determine how much staffing will be needed in the future. This expense was already budgeted. Mr. Anderson said that he would like these to be presented to the public at the business meeting on March 2 so everyone will have another opportunity to know how important it is to public safety and the long-term goals of the department. 2. Update on Dowell Declaratory Ruling Appeal. Peter Gutowsky said there has been a request to reopen the record by William Kuhn. The Dowells, who are the applicant and appellant, asked that this be declined. Mr. Gutowsky prepared a matrix for discussion purposes. Minutes of Board of Commissioners' Work Session Monday,February 29,2016 Page 2 of 6 Commissioner Baney asked for the reasons why the record should be reopened. Mr. Gutowsky said that there are several additional issues that Mr. Kuhn thinks should be brought up regarding tax lot 300. Chair Unger asked if there is precedence in doing this when only one party wants it to happen. This has had its process and there is not mutual support to reopen the hearing. Mr. Gutowsky said it was a general request, followed up with a phone call. The applicant feels the record is complete. There is the matter of the 150 days that might apply, so it could be extended to April 12. It had been heard de novo and the timeframe could be tight. Commissioner Baney said if this was a fairly new situation and the record was just being developed, it would be one thing. However, this has been going on for a very long time and she cannot imagine that there is anything not already in the record or that might have been overlooked. Commissioner DeBone said that he feels they have all the information needed. Chair Unger agreed, so the request to reopen the hearing was denied. Deliberations will occur as scheduled on March 2. 3. Other Items. Will Groves said that he had a question regarding a remand from LUBA, on a portion of Widgi Creek that was conveyed by Barry Helm to Arrowood through a lot line adjustment. It is unclear if the Hearings Officer can take more testimony. The parties have worked on a stipulated agreement. If the Board directed the Hearings Officer to receive this information, the Board can reopen the case. David Doyle stated that the procedurals manual is vague enough to allow this. The Board has discretion to open the record if they feel it is necessary. Mr. Groves indicated that the parties drafted this together, so he assumes that they will not declare it a procedural foul. Nick Lelack said this came up in the past with Thornburgh, and is a solution to unlock this dilemma. This would be the first time they have done this, but both parties are in agreement at this point. Minutes of Board of Commissioners' Work Session Monday, February 29,2016 Page 3 of 6 Commissioner DeBone asked if this might end up setting precedence. Mr. Doyle stated that this would be limited to those situations on remand back to the Hearings Officer. Beyond this, he does not see a problem. Chair Unger wants to encourage the parties to come to a mutual decision. BANEY: Move signature of Order 2016-013. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Erik Kropp stated that the Tumalo Business Association is looking at putting up another sign. It would be on part of the road right of way, but would be out of the clear zone and there would be no obstruction to line of sight. The Association normally would have to sign an indemnity agreement but is hesitant to do so. County Counsel feels that waiving this would be low risk to the County. BANEY: Move waiver of the indemnity agreement with the Tumalo Business Association for the sign as discussed. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Regarding the campus security plan, Mr. Kropp said the Board had previously had questions about the role of the security person on the downtown campus. He provided a handout with some ideas in this regard. It would not necessarily always be just the downtown area but perhaps a presence at offsite meetings as appropriate. There could be a security steering committee to work with all departments. Security has been mostly decentralized, but some standards for all should be developed. Additional security is desirable mostly downtown as this also fits into Courthouse needs. Commissioners Baney asked if they should get the committee together first before launching the program. Mr. Kropp said the concept is for the committee to work on one area or building at a time. Minutes of Board of Commissioners' Work Session Monday,February 29,2016 Page 4 of 6 Commissioner Baney emphasized that they will never be prepared for something to happen and cannot continue to think it won't. This community is not immune to danger. They need to be responsive and invest to do all they can to be responsible in this regard. They should have had something in place before now. Chair Unger agreed that it is better to be prepared. There is no way to be completely safe but they need to do what they can. Commissioner DeBone would start with Option 1, the Courthouse and a downtown campus presence. Chair Unger said the committee might come up with something different as well. Commissioner Baney stated that it is almost like having a school resource officer who is a presence, and who might be able to get feedback or make observations for improvements. It might end up being more than a half-time person. Mr. Kropp said that it would be a new hire, per the Sheriff. Mr. Anderson stated that Court security does not pay for itself now. Commissioner Baney is not sure how practical it would be to have retired people as shown in Option 2. She would like consistency and the ability for the person to interact on a regular basis. Chair Unger suggested that they not make a choice right now, but let the committee meet and make a determination. Commissioner Baney said if they start with Option 1, which allows for the Sheriff to get started on another Court officer, they can always make a change later. The tipping point for her was a person who was a problem when interacting with staff, who were concerned about safety but there seemed to be no way to handle it. tY Y Commissioner DeBone agreed on Option 1, and moving forward with a committee to evaluate overall issues. Chair Unger approved as well. 4. Adjourn. Being no further discussion, the meeting adjourned at 3:25 p.m. Minutes of Board of Commissioners' Work Session Monday,February 29,2016 Page 5 of 6 DATED this Day of W,aA�� 2016 for the Deschutes County Board of Commissioners. aa, Alan Unger, Chair Cjil Tammy Baney, V' Chair ATTEST: Anthony DeBone, Commissioner 1503144A1-- Recording Secretary Minutes of Board of Commissioners' Work Session Monday,February 29, 2016 Page 6 of 6 a�4041% Deschutes County Board of Commissioners ywa 1300.NW Wall St., Bend, OR 97703-1960 o (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, FEBRUARY 29, 2016 Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. 1. 9-1-1 Radio System Update —Steve Reinke • IGA with State for Radio System • Purchase of Radio System through Harris Corporation • Scope of Work for Radio Install 2. Update on Dowell Declaratory Ruling Appeal —Peter Gutowsky 3. Other Items Meeting dates, times and discussion stems are subject to change. All meetings are conducted in the Board of Commissioners'meeting rooms at 1300 NW Wall St.,Bend, unless otherwise indicated. /f you have questions regarding a meeting,please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541)617-4747, or email ken.harms[Ddeschutes.orq. Board of Commissioners' Work Session Agenda Monday, February 29, 2016 Page 1 of 2 These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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 categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. 4. Adjourn 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 encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541)617-4747, or email ken.harmsc deschutes.orq. Board of Commissioners' Work Session Agenda Monday, February 29, 2016 Page 2 of 2 f f SIpqyqy , $$ "i Community Development Department ,; �... y,uwn'4:�Inw:,4 e4.w�rMrw4w iwww1ntnwi�w7w4.III xunNl 1M1:1.a.1MISMwnNGINIM.N1,u;n4.44.44 NI.41404n4 NX.uoNnm�ueWfNbwrvwrv�aa..u,..a,onA wat uNwm.1rv11Y411h1449M!I4MttM44144 >u:u :nii i.i (,i 1916—f II Ili Ir Planning, Building Safety, Cnvironm ntal So+Ms. Code trnforcEtr,wnt �i PO Box 6005, Bond, Oregon 97708 0005 11/ NW Lafayette Avenue www.deschutes org/cd STAFF REPORT DATE: February 22, 2016 TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, Planning Manager RE: Work Session and Deliberation: Declaratory Ruling (File No. DR-13-16; MA-14-1; 247-14-000165-A) The Board of County Commissioners (Board) is conducting a work session on February 29 in preparation for their deliberation scheduled on March 2 for File No. DR-13-16; MA-14-1; 247-14- 000165-A. I. Background Applicants, Jeff and Pat Dowell, applied for a Declaratory Ruling (DR) to clarify what requirements are necessary for a homeowner's or maintenance agreement to be approved for property identified on County Assessor's Map 16-11-19, tax lot 300. The DR application went before a Hearings Officer on December 3, 2013. The record closed on March 28, 2014 and a decision was issued on June 3, 2014. The Hearings Officer determined that the proposed agreement did not meet the requirement for a maintenance agreement, and set forth conditions for an agreement, including a requirement that both the Dowel's and Kuhns sign a maintenance agreement which provides for maintenance of TL 300. The Dowell's reactivated their appeal of the Hearings Officer decision in May 2015 and the Board, under Order No. 2015-032, determined they would hear it de novo. II. Issues Requiring a Board Decision The Board needs to determine whether they want to clarify the requirements that are necessary for a homeowner's or maintenance agreement for the open space parcel (tax lot 300). Staff provided a matrix for the Board to assist them in formulating a decision. If the Board identifies the items to be included in an agreement, Commissioners will need to determine if they want staff to prepare the agreement and include it as an exhibit with the decision. III. Public Hearing The Board conducted a public hearing on January 13, 2016. The written record was left open until January 27, with a one week rebuttal period to February 3, and one week, February 10 for final argument. IV. 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Steering Committee Role and Tasks • Consult and work with departments on facilities related security issues and implement physical security guidelines and security standards: o There are four primary spatial designations: public zones, reception/public transaction zones, operations zones, and security zones. • Oversee implementation of facilities related security items for Deschutes Services Building • Work with departments to develop security protocols o Use of duress buttons o Security on-boarding(new staff receives a facilities security overview within first 2 weeks of starting). • Work with departments on staff training o Personal safety training(Sheriff's Office)- optional ■ Offered quarterly o Run, Hide, Fight training ung(S heriffs Office)—mandatory for departments with appointed department heads; encouraged for departments with elected department heads • Annually o Active shooter drill for Deschutes Services Building(Sheriff's Office)—optional o Educate staff on MCAT resource • Security reviews? Deschutes County Downtown Campus Security Options Security Officer Roles • Attend Board Business meetings, Planning Commission meetings, and other public meetings as requested. • Patrol downtown campus and downtown County owned buildings. • Meet with and check in with County staff and tenants in the downtown campus. • Assist with assessment and implementation of facility security upgrades. • Assist with staff training related to security (personal security and work place security). • Based on availability, be on call to assist County staff with managing hostile people. • When requested, assist County departments not located on the downtown campus. Option 1 -share 1.0 FTE with the Sheriff's Office-Court Security • Estimated cost: o Step 4 Corrections Deputy: $30.44/hour o $30.44 +40% (benefits)_ $42.62/hour o $42.62/hour x 1,000= $42,620 • While working with Court Security, position would help with inmate transport and court security • Pros: o Sheriffs Office can rotate Court Security deputies through assignment o No gaps in coverage for employee vacations or absences o Communication with Court Security unit o Rotation among Court Security staff keeps the assignment fresh • Cons: o Higher cost than Option 2 Option 2—Contract with retired Special Deputy • Estimated cost: o $32/hour o $32 x 1,000 hours=$32,000 • Hire a retired deputy • Pros: o Less expensive than Option 1 o Still have law enforcement presence o Continuity of having one staff person assigned • Cons: o Coverage when employee is absent • Maybe we hire two employees? o Not as integrated with Court Security unit