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2016-130-Minutes for Meeting March 02,2016 Recorded 3/23/2016 uT�s c mE 2a -.Ne {.- 4 ■ NANCYUBLANKENSHIP, COUNTY CLERK CS vd 40�6��34 © `` !o cane=ss=oNERS' JOURNAL 03/23/2016 06:02:45 AM 191h 2DI6IS 111111111111111.- �,�QO ,ER„5? 2 id- T Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 2, 2016 Commissioners' Hearing Room-Administration Building- 1300 NW Wall St.,Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave Doyle, County Counsel; Will Groves, Community I Development; Chris Doty and Tom Shamburger, Road Department; Steve Reinke, 9-1-1;four other County employees and nine other citizens, including Ted Shorack of The Bulletin. 1. CALL TO ORDER Chair Alan Unger called the meeting to order at 10:00 a.m. 2. PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT Citizen B.J. Soper of Redmond said he wanted to bring attention to some of the things happening in the State. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 1 of 14 He said he helped to deal with the Malheur Refuge situation. He has shared advice and information with the legislature and law enforcement but has not received many responses. This situation was a problem for everyone, not just those living in Burns. He talked about land grabs and water issues, and said what is not being talked about is those who are affected, and the use of resources. The people who provide for everyone's needs will not be able to do so. There will be other reactions because people do not trust the government. People are in jail and one man died, all for ridiculous reasons. The domestic threat is quite prevalent and something needs to be done. He went after Judge Grasty and the other two Judges in Harney County as well, and they will be eliminated from office for what they have done. It is up to this Board and other to promote change in a positive direction. The Commissioners need to step outside the bounds of normal and deal with all of this. He plans to run for office against Commissioner Unger so he can do what is right and proper for the citizens of this State. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Baney asked for the February 23 minutes of the legislative update to be excluded as she has not been able to review them. BANEY: Move approval of the Consent Agenda with this exception. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Consent Agenda Items 4. Board Signature of Document No. 2016-142, Amending the Cooperative Improvement Agreement with ODOT and Crook County concerning George Millican Road 5. Board Signature of Document No. 2016-133, a Quitclaim Deed to Remove a Deed Restriction for a Wildland Fire Fuel Reduction Agreement 6. Board Signature of Resolution No. 2016-006, Transferring Appropriations within the Sheriff's Office Fund 7. Board Signature of a Letter Accepting the Resignation of Jennifer Welander from the Deschutes County Audit Committee, and Thanking her for her Service Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 2 of 14 8. Board Signature of Appointment Letters to the Deschutes County Audit Committee: Wayne Yeatman, through June 30, 2017; and John Barnett, through June 30, 2018 9. Board Signature of Document No. 2016-125, an Acceptance Deed for a Right- of-Way on 17th Street, Terrebonne 10. Board Approval of a Discretionary Grant Funding Request for the Central Oregon Film Office, for $5,000 11. Board Signature of Minutes: • Work Sessions of February 8, 22 and 24, 2016 . Business Meeting of February 17, 2016 • Legislative Updates of February 9, 16 and 23, 2016 ACTION ITEMS 12. Before the Board was Consideration of Chair Signature of Document No. 2016-081, a Notice of Intent to Award Contract Letter for the Supply and Delivery of Traffic Line Paint for 2016. Chris Doty gave a brief overview of the item. He said that Sherwin Williams was the low bidder of two bids received, and the cost is 10% lower this year than in the past. Commissioner Unger asked if there are other products that will last longer on the roads. Mr. Doty said there are, but they cost quite a bit more. They also do not want to use a more expensive product if they plan to chip seal in the near future. BANEY: Move approval of the Consent Agenda with this exception. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 13. Before the Board was Consideration of a Decision on the Dowell Declaratory Ruling Appeal. Peter Gutowsky gave an overview of the issue, which relates to what should constitute an ownership agreement for certain property. Staff prepared a matrix to help the Board answer a series of questions or identify requirements, after coordinating with County Counsel. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 3 of 14 Question #1: Does the Board want to clarify the requirements that are necessary for a homeowner's or maintenance agreement for the open space parcel (tax lot 300), which will satisfy Condition of Approval #2 of EU-89-02? Commissioner DeBone said this is kind of why they are here, and getting to that last piece that has gone through some steps to get here. He does support the fact that they are progressing or getting there. Commissioner Baney agreed. Chair Unger added that it is really a requirement. Question #2: Should the Board direct staff to prepare an agreement with the elements agreed upon below in the matrix, and include it as an exhibit with a forthcoming decision? Chair Unger said he prefers they do since he wants it to be legally written. The other Commissioners agreed. Question #3: Must a required homeowners' or maintenance agreement be a vehicle for preservation of open space values, and therefore include a provision describing how vegetation is to be maintained for wildlife habitat values? Chair Unger proposed yes, that this is in a winter deer range and already has that overlay, and this should reflect this. The other Commissioners agreed. Question #4: Should the homeowners' or maintenance agreement limit the scope exclusively to maintenance issues, suc h a s property taxes and the sharin g of costs for the maintenance expenses necessary to keep the open space parcel compliant with applicable laws and regulations, including but not limited to noxious vegetation, wildfire risk,fire standards in the F-2 zone, and building codes? Chair Unger stated `yes'; they are looking at a base agreement here that could be expanded by willing property owners, but he is thinking of looking at this as developing this base that they want. Commissioner Baney agreed with what was outlined and does not feel it needs to be expanded further. She understands that this will come back to them once the requirement is put together, and they will have an opportunity to then evaluate it, but she would not want to expand it further than what was laid out. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 4 of 14 Commissioner DeBone agreed that wildfire protection and noxious weeds are some of the basics that would be appropriate for all properties across the County. Commissioner Baney noted this would mean trees being trimmed and pruned. Commissioner DeBone added that it would be whatever is needed to be wildfire ready. Question #5: Should there be maintenance standards and restrictions pertaining to utility lines, off-road vehicles,fencing, discharge of firearms, hunting or trapping, livestock,pets, noise, exterior lighting, dumping or storage of waste material, trash, and open burning? Commissioner DeBone said that this gets back to what was already on the deed restrictions before the parcels were transferred. And not all of this, but some of this. Maybe this is where there needs to be some discussion. The deed includes language on dogs and shooting and some very specific items. He asked if they want their decision to expand this or define it better. And whether this is the question. Commissioner Baney suggested that they limit the use of motorcycles and off- road vehicles except on established and improved trails, given the fact that this is a wildlife corridor. She would throw this out as a proposal. Commissioner DeBone stated that the deed restrictions specifically talk about dogs, dirt bikes, underground utilities, fencing, shooting and deer sensitivities. Those are deed restrictions that are already on the properties. Commissioner Baney said that if this was clear enough, they would not be here now. So she wondered if they can't strengthen this by putting it in here now. Commissioner DeBone said that they need to have the conversation. Commissioner Baney stated that she thinks these things are important, the discharge of firearms, hunting, trapping, dogs, etc. could maybe be underscored in this document. Commissioner DeBone stated that this is where he thinks like e nt. a software developer. You only want definitions in one place. Well, the deed says this and the agreement says this, and why would they reference something that is almost the same in two places. Commissioner Baney said if it was that clear enough, they would not have the issues they have today. Commissioner DeBone noted that this is an interesting conversation. The two parties are asking the County to define what would be acceptable to the County. Are we motivated to say that they need more clarity, or to say that it is already clear in the deed and we don't need more clarity, and why add more words. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 5 of 14 Commissioner Baney said they could almost even reference the deed that already prohibits. Maybe that would be a better way. Commissioner DeBone said a reference to it would be great. Chair Unger asked for staffs opinion. David Doyle said that to the extent the Board is talking about issues relating to the deed restrictions, a previous Board concluded that those deed restrictions did not suffice as a maintenance agreement. To the extent that there is any overlap, staff can certainly include this in the findings through notations generally. Commissioner Baney stated that she feels there has been a lack of clarity, and this should be noted in a way that although may seem redundant, offers the necessary clarity. Commissioner DeBone acknowledged the conversation. Mr. Gutowsky stated that he was not following the matrix accurately, and wanted to go back to question #3 to make sure they are clear, relating to open space values and vegetation maintenance for wildlife habitat values. He wants to make sure they understand that if the Board says yes, there is no need to answer question #4. The maintenance agreement would be more restrictive than if, as opposed to question #4, it is dealing with or recognizing that it is kind of a secondary tier. Wildlife values are not to be maintained explicitly, but under question #4 they would almost be addressing these almost indirectly with addressing the maintenance issues such as wildfire risk, noxious vegetation and wildfire standards in the F-2 zone. So the matrix that he prepared says that if there isn't an emphasis on maintaining wildlife habitat values, you would then go to question #4. But if you felt that wildlife habitat values needs to be addressed explicitly in the maintenance agreement, those provisions would be somewhat stringent and would render the answer to #4 somewhat meaningless. He asked Mr. Doyle if he was conveying this correctly. Mr. Doyle said if the answer is affirmative for question #3, that the issues identified in #4 would be part of that out of necessity. Therefore, there is no need for them to answer #4. Chair Unger stated there are already restrictions and guidelines there because of the winter deer range through Oregon Fish & Wildlife. He would like to see those referenced. Mr. Gutowsky replied that staff can prepare an agreement that tries to answer the questions raised in #3. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 6 of 14 Commissioner DeBone wants to define the distinction between open space and managing for wildlife, which might mean encouraging forage grass rather than controlling noxious weeds, or just doing basic maintenance. Is open space to be managed for wildlife habitat or just left generic open space? Commissioner Baney said she thinks it does both. Chair Unger said the property is open space, so he thinks that is already there. In terms of fire reduction and weed control, he is supportive of putting those elements in for protection. In terms of wildlife habitat, he is looking to overlay zones that are already there for this whole area and recognizing that as protection. Commissioner DeBone asked if managing for open space means managing noxious weeds, and fire protection that can take place about once every five years. A management plan to add forage for animals or encouraging wildlife habitat could be much more expensive. He is thinking that as they step into this, how often do they see this type of maintenance happening in open space. The two parties have to see how this flows, annually or every five years. Is it just open space that isn't going to burn up or promote noxious weeds, or is it wildlife forage areas that have to be invested in. He thinks they need to make this distinction. Commissioner Baney said she would look for clarity through ODF&W in terms of what they requires for winter deer range. Basically, require what the State does. Chair Unger does not look to improve it over what is naturally there except for adding wildfire protection and control of noxious weeds. He would look to the State's plan. Commissioner Baney asked if this provides enough clarity, and Mr. Doyle agreed it does. Question #6: Should disputes between the Kuhns and the Dowells be subject to resolution through binding arbitration before the Arbitration Service of Portland? Chair Unger said he is not in favor of this; that they are creating something that he does not want to get into. Commissioner DeBone asked if this would be a one-time arbitration or defining any future issues to be resolved. Mr. Gutowsky explained that this is for the Board to determine. Commissioner Baney asked why they would outline that here. Mr. Gutowsky said that he knows that in prior draft agreements that were contemplated, this provision was included in the early versions of the declaratory ruling process. As the Board may recall, these were put on hold. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 7 of 14 The Hearings Officer issued a decision and he recalls that they went through some kind of mediation; rather the parties worked with Community Development and County Counsel to see if they could come to an agreement. This was a provision that was entered as an option so this is why it has been folded into the matrix, for Board consideration. Chair Unger said they are creating an agreement for the land but he does not want to go further. Commissioner Baney asked if they are stating this is their only path forward or just an option for them. Mr. Gutowsky replied that it is an option to the extent that there are disagreements about the maintenance agreement. Mr. Doyle stated that inasmuch as this would be a contractual agreement with the parties regarding the properties, it is a mechanism for them to use. If it is not in there, then it would be through the Circuit Court. It was an issue that came up in the course of the discussions they had with the folks, as an idea that it might cause people on both sides to be a little more reasonable. There are typically more dollars involved for a private mediation service rather than the $400 filing fee at Circuit Court and getting the Judge for free for the next year or two. The thinking was to put a little financial incentive to encourage them to be more reasonable, but it certainly does not have to be mandatory or in the agreement. Commissioner Baney stated that given the history, she would say yes. She hopes that that the other components of the agreement get them to the point where this would not even be necessary. The other Commissioners supported this. Question #7: Must the Kuhns and Dowells execute the obligations of the original developer jointly, including jointly signing the homeowners' or maintenance agreement and recording it against the residential parcels? Mr. Gutowsky said if the answer is `no', they will proceed to question #8. If the answer is `yes', they would proceed to question #9. asked for a reading of Chair Unger ask g q uestion #8. Question #8: Can the interest is tax lot 300 (open space parcel) be severed from the residential parcels, enabling the agreement to only be recorded against the open space parcel, and not be signed by both the Dowell and the Kuhn families because the parcel is a distinct unit of land requiring subsequent owners of it to be on notice of their obligations, should they acquire an interest in the parcel? Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 8 of 14 Commissioner Baney stated that essentially this is taking the two property owners and the one property that they are maintaining together, and allowing that property to be essentially a stand-alone in those agreements and how both parties deal with it. It takes out the problem if one wants to agree with a piece of the contract or not, if the Board feels those are enough to satisfy a management agreement, if the parties sign them independently, we get to the same result. It takes the parcel together and I as one individual would be able to sign my agreement if I agree, and would not have to wait for my neighbor to agree or disagree. I would not have to wait for my neighbor to sign. Mr. Doyle stated that he believes this is what staff is trying to articulate. Commissioner Baney said `yes'. She likes this idea. Chair Unger said what he is worried about is that this is a three-lot cluster, with two lot owners jointly owning the third. He asked if this severs the third lot from the other two. Mr. Doyle said `no'; that is not what this would do. What it would effectively do is benefit tax lot 300 and burdens the other two, so long as those owners have any ownership interest in the third lot. Until such time as either tax lot 100 or tax lot 200 so long as has an interest in the third lot, when they would no longer have at least any financial obligation. But the restrictions limiting what could potentially be done on the third property would still burden lots 100 and 200. Chair Unger said he likes this idea. Mr. Doyle added that separately, those would be limitations on 300, so if some third party was to come into ownership of 300, they would obtain ownership with the recorded knowledge that these are the restrictions and the limitations of that property, because it was part of the open space cluster development. You can alienate the ownership, but you can't alienate the restrictions on the property.. If a third party was to own tax lot 300, it would be with those restrictions. Commissioner DeBone said he supports this, with the terminology that was just used. To answer the question, obligations of the original developer jointly including jointly signing. An agreement signed by both parties on the land, but signed by the individual parties. Commissioner Baney stated this is instead of the parties developing an agreement, which they have tried, the County is establishing what the maintenance agreement should state, and essentially giving it to the parties to sign. It is a difference and a nuance they have not had in the past. She is supportive of this route. The Board decided this means `no' to #7 and `yes' to #8. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 9 of 14 Question #9: Should an agreement specify teas and a split assessment account? Commissioner DeBone said he understands that is how it is done today. Mr. Doyle stated there are separate tax accounts for each party. The Commissioners support this. Mr. Gutowsky said that he knows the Board is not available next week. He will work with Legal Counsel to bring back an agreement for the Board to consider on the Consent Agenda in the near future. There was unanimous response for the questions and they will proceed with the agreement as soon as possible, perhaps on March 23. Chair Unger noted that they can always call it if up desired at the time. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Board Signature of Document No. 2016-150, an Intergovernmental Agreement with the ODOT— Oregon State Radio Project for the New 9-1-1 Radio System. Steve Reinke provided an overview of the document and the radio systems replacement process, with the help of a PowerPoint presentation. This presentation included agenda items #14, #15 and#16. He explained the reasons for the need for a new system. The old one is at end of life and some agencies are on different systems. Hardware is no longer available and software if no longer supported. They have had to cannibalize part of the system for parts. The new system will enable better coverage and better communication between responders, including in dense buildings. The mobile and portable units can be reprogrammed over the air and analyzed for performance as well. There will be capability to provide services to public works, schools, water districts and others. VHF used to be the standard, and those still using this will be able to continue this until they can get newer equipment; this will also serve as a backup system. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 10 of 14 He explained how the cost will go down over time as the system is established, migration costs go down and other partners join in. This program has been reviewed and analyzed so that there is a fair exchange of values. Technicians from either 9-1-1 or the State will be able to repair equipment, with an agreement to reimburse if appropriate. The Harris Corporation is through State contract pricing, which is as low as you can go. Other agencies can get the same discount for equipment. The goal is to get into the system in October. Installation will begin in April will testing over the summer. The budget is $5.8 million, including a grant. Another $900,000 is needed to pay off the old Sheriff's system. This comes to $6.5 million total. This is half of what it would have been to do this on their own without the State's cooperation. They anticipate that with ADCOMM's help they can determine staffing of technical expertise. Unger: great job on the whole project, partnerships, getting the costs down, helps to move into the future. Baney: excellent due diligence, partners and citizens should be proud. Affordable and takes us into the future for the next generation of systems. DeBone: thankful this is in coordination with the State. A must have for both and other agencies. This is serious business. What is the expected age? Steve: Old components are up to 20 years old. Process started about 5 years ago. DEBONE: Move approval of Document No. 2016-150. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 15. Before the Board was Consideration of Approval of Document No. 2016- 146, the Purchase of the New 9-1-1 Radio System Equipment through Harris Corporation. BANEY: Move approval of County Administrator's signature of Document No. 2016-146. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 11 of 14 VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 16. Before the Board was Consideration of Approval of Document No. 2016- 019, the Scope of Work Agreement with ADCOMM for the New 9-1-1 Radio System Install. DEBONE: Move approval of Document No. 2016-019. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) in the Amount of$53,025A9. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Board Signature of Appointment Letters to the Deschutes County Extension/4-H County Service District: Katie Duggan, through December 31, 2016; Judy Hackett, Gayle Hoagland and Katrina Van Dis, through December 31, 2017. BANEY: Move signature. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 12 of 14 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) in the Amount of$87,332.84. BANEY: Move approval, subject to review. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) in the Amount of $1,678,570.21. Tom Anderson explained that there was a payment to the engineering firm doing work at Knott Landfill regarding flare capacity. Also there was payment of some of the flight guarantee funds to the airline for start-up flights out of Redmond. Commissioner DeBone noted that at this time, communities have to ask the airlines to be here. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 21. OTHER ITEMS Before the Board was Consideration of Board Signature of Document No. 2016-153, a Land Donation Agreement with St. Charles Health Systems. Mr. Anderson stated that this was previously discussed in a work session. The land is part of five County-owned acres in La Pine. St. Charles wants to open a clinic or hospital entity in south County. Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 13 of 14 St. Charles will have to go through a process with the City of La Pine to change the zoning for the entire five acres. They will also have to work with the City to extend utility infrastructure, which will benefit the entire site. The value of these changes is equivalent to a sales price for the property. Commissioner DeBone noted that the citizens there are supportive of another opportunity for health care. Parts of Klamath and Lake counties would also be served, thereby reducing overall acute health care needs. The current clinic does a good job, but there is a need for increased capacity. Commissioner Baney added that there are ongoing discussions about the service level and what the community needs. This will be a good partnership for an added level of service. BANEY: Move Board signature of Document No. 2016-153. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 22. ADJOURN Being no further discussion, the meeting was adjourned at 11:00 a.m. APPROVED this if9-1 Day of 2016 for the Deschutes County Board of Commissioners. C -- Alan Unger, Chair U/// Tammy Baney, V c Chair ATTEST: (1201/"KAA:u 61-10/t— Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, March 2, 2016 Page 14 of 14 Ur4 cq` Qe` 1{ - BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: ' C I C'Cu e Date: Z/21/-6 Name . S O Pe Address CDioo Phone #s 6a -ow E-mail address .C..eifent CoC 3 Zo/( ,vn/?iL . rnAi IIn Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. W ,-i 0 N ■ m m U) O U) -C al CU 0 Ec 2` 0co O 0) .... C CD n. 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O p a o on o c u _ CC W *' U GJ 0 a) W in Cl)• • 0 C CO " a) }'+. .i W N y) .±_' Q) 0_ w u O. O a) ; V N N co '—, 0 c c°1i v in 1 o O 7 c 0 ca .- V < E v a 0 m u a) 0O z m ro LL t) N a0i � .N aQom " - .L � � - ' O Cr) .(� L ++ CU D 0 O n cc ITS co C j •C O 2 ` E vI N c .1., 7 a u .= a6 E o U '" 0. 0) YL y N i —QO) nw o in o 2 u o to I co co 69 E U ❑ () 0 I.L 0 0 e. 2 7 cc in U 7 C U F- L.0 a N m Z. V O O O O 0 a C - N- (0 U) y..r L VJ L O L .N 6{} 0 O O O1 C v = Cr) O L •N O O _G Q c a c• 0 ° ° = QO C O L C U) _c N W 4 cn 0 0 0 0 .c O o 0 Q) a a) o. c a v es 7 aL aoD a0 as cv r) E : � 2 o e'441rMIN Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200,Bend, OR 97701-1960 (541) 388-6570 - Fax(541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 2, 2015 DATE: February 22, 2015. FROM: Peter Gutowsky. Department CDD Phone#ext. 1709 TITLE OF AGENDA ITEM: Board deliberation of File No. DR-13-16; MA-14-1; 247-14-000165-A. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Board conducted a de novo public hearing on.January 13, 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 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. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Deliberate, and provide direction to staff. ATTENDANCE: Peter Gutowsky, Planning Manager DISTRIBUTION OF DOCUMENTS: Peter Gutowsky. rl d. Community Development Department M iwup'mWMNdWWm+wnwwiw'uwuur.wwxrrc^wx�xpa'vn�rA6'�..rx.':>xari.xnmurvnrw'&wmuxwwtaan��'v, w�;r..xrvm.nlMaxxnYWxlNlxprxxNNYWn41nYnMtY+nrnq nY�yn�e{q ram n�xmm. wmr�r 1' •nin.,��. l ! lll �011l Planning, Building Safety, fnvironrental Soil.., Codt. Enforcement i ' 4 PO Box 6005, Bend, Oregon 97708-6005 S 117 NW Lafayette Avenue* www.deschut'L.S.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 Dowells 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. Additional Testimony, Rebuttal, and Final Argument Written testimony(January 13 to January 27): • Kuhn email dated January 14 (Attachment A) • Kuhn email dated January 27 (Attachment B) • Gutowsky email dated January 27 (Attachment C) • Dowell supplemental argument (Attachment D) • Kuhn Docs 1 (Attachment E) • Kuhn Docs 2 (Attachment F) Rebuttal: • Kuhn rebuttal (Attachment G) • Dowell rebuttal (Attachment H) Final Argument: • Dowell final argument (Attachment I) V. 150-Day Deadline for a Decision To the extent the 150-day timeline applies to this declaratory ruling, the applicant on January 13 stated that she would extend it an additional 90 days, which is April 12. -2- C C C a) N o O 4 0 O O ap C G O C a) p co c 0 0 C O la d 00 d to 2 •_ O O y y y O O N � ° ay 2 Q u O O O p ins ei -p U -0 U 0 P. P. 'Q 7 3 I o ' y o o a°i Q 0 0 0 C1 O app Q m a a ro Q cu m m ro n o rov, ° me 1�1 0 N U) U Q 2 " zrn n N0 va 2 o_ � m o.4-* c o N N Cr-. 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() e ck\ \ 2 / \ k as 02 , 2 2I § 2 Zs 15 m2 £ E x - c - _ a2h ..c- c 7s E 5 2Ea8" § e ,,,z0, 0) k kf c f § 2 -0 _ & a) 0 QE § 5 2 6:i E 2 0- a §• § 2 $ § U) C g k kf Y k o4+111 , Deschutes County Board of Commissioners AV-1J 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 2, 2016 Commissioners'Hearing Room -Administration Building- 1300 NW Wall St.,Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed 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. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. 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 Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 1 of 8 CONSENT AGENDA 4. Board Signature of Document No. 2016-142, Amending the Cooperative Improvement Agreement with ODOT and Crook County concerning George Millican Road 5. Board Signature of Document No. 2016-133, a Quitclaim Deed to Remove a Deed Restriction for a Wildland Fire Fuel Reduction Agreement 6. Board Signature of Resolution No. 2016-006, Transferring Appropriations within the Sheriffs Office Fund 7. Board Signature of a Letter Accepting the Resignation of Jennifer Welander from the Deschutes County Audit Committee, and Thanking her for her Service 8. Board Signature of Appointment Letters to the Deschutes County Audit Committee: Wayne Yeatman, through June 30, 2017; and John Barnett, through June 30, 2018 9. Board Signature of Document No. 2016-125, an Acceptance Deed for a Right- of-Way on 17th Street, Terrebonne 10. Board Approval of a Discretionary Grant Funding Request for the Central Oregon Film Office, for $5,000 11. Board Signature of Minutes: . Work Sessions of February 8, 22 and 24, 2016 • Business Meeting of February 17, 2016 . Legislative Updates of February 9, 16 and 23, 2016 ACTION ITEMS 12. CONSIDERATION of Chair Signature of Document No. 2016-081, a Notice of Intent to Award Contract Letter for the Supply and Delivery of Traffic Line Paint for 2016 — Chris Doty and Tom Shamberger, Road Department Suggested Action: Move Chair signature of Document No. 2016-081. 13. CONSIDERATION of a Decision on the Dowell Declaratory Ruling Appeal — Peter Gutowsky, Community Development Suggestion Actions: Deliberate and render a Decision;provide direction to staff Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 2 of 8 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Board Signature of Document No. 201 6-150, an Intergovernmental Agreement with the ODOT -- Oregon State Radio Project for the New 9-1-1 Radio System—Steve Reinke, 9-1-1 County Service District Suggested Action: Move Board signature of Document No. 2016-150. 15. CONSIDERATION of Approval of Document No. 2016-146, the Purchase of the New 9-1-1 Radio System Equipment through Harris Corporation—Steve Reinke, 9-1-1 County Service District Suggested Action: Move Board signature of Document No. 2016-146. 16. CONSIDERATION of Approval of Document No. 2016-019, the Scope of Work Agreement with ADCOMM for the New 9-1-1 Radio System Install -- Steve Reinke, 9-1-1 County Service District Suggested Action: Move Board signature of Document No. 2016-019. 17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 18. CONSIDERATION of Board Signature of Appointment Letters to the Deschutes County Extension/4-H County Service District Budget Committee: Katie Duggan, through December 31, 2016; Judy Hackett, Gayle Hoagland and Katrina Van Dis, through December 31, 2017 Suggested Action: Move Board signature of the appointment letters. 19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 3 of 8 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) 21. OTHER ITEMS 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. 22. ADJOURN To watch this meeting on line, go to: http://www.deschutes.orq/bcc/page/board-meeting-videos Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®L,( Deschutes County encourages persons with disabilities to participate in all programs and or, activities. To request this information in an alternate format please call (541)617-4747, or email ken.harms @deschutes.org. 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, February 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 4 of 8 Wednesday, March 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session---could include executive session(s) Monday, March 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, March 9 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, March 15 10:00 a.m. 911 User Board Meeting, at 911 Monday, March 21 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, March 23 1 0:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, March 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, March 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page5of8 Monday, April 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 5 3:30 p.m. Regular Meeting of Public Safety Coordinating Council Wednesday, April 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, April 7 8:00 a.m. Joint Meeting with the Sisters City Council, at Sisters City Hall Wednesday, April 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, April 18 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, April 19 10:00 a.m. 911 User Board Meeting, at 911 Monday, April 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, April 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 6 of 8 Monday, May 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, May 3 3:30 p.m. Regular Meeting of Public Safety Coordinating Council Wednesday, 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 10 6:30 p.m. Joint Meeting with Redmond City Council, Redmond City Hall Wednesday, May 11 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Friday, May 13 7:30 p.m. Centennial Theatrical Production— Deschutes Historical Museum Monday, May 16 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, May 17 10:00 a.m. 911 User Board Meeting, at 911 Monday, May 23 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 7 of 8 Wednesday, May 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, May 30 Most County offices will be closed to observe Memorial Day. Tuesday, May 31 —Friday, June 3 Budget Week ® ,( Deschutes County encourages persons with disabilities to participate in all programs and ,6-.111 activities. To request this information in an alternate format please call (541)617-4747, or email ken.harms @deschutes.org. Board of Commissioners' Business Meeting Agenda Wednesday, March 2, 2016 Page 8 of 8 U'�J-rES o w A/e Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 0\ t, (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 2, 2016 Commissioners'Hearing Room -Administration Building- 1300 NW Wall St., Bend CONSIDERATION of Board Signature of Document No. 2016-153, a Land Donation Agreement with St. Charles Health Systems —James Lewis, Property & Facilities Suggested Actions: Move Board signature of Document No. 2016-153.