2019-17-Minutes for Meeting November 26,2018 Recorded 1/10/2019�yTESCOQ
BOAR® OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 3 88-65 70
Recorded in Deschutes County CJ2019-17
Nancy Blankenship, County Clerk
Commissioners' Journal 01 /10/2019 4:16:30 PM
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2019-17
FOR RECORDING STAMP ONLY
10:00 AM MONDAY, November 26, 2018 BARNES & SAWYER ROOMS
Present were Commissioners Tammy Baney and Phil Henderson, Commissioner Anthony DeBone was
absent and excused. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant.
Several citizens and identified representatives of the media were in attendance.
This hearing was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Vice Chair Henderson called the meeting to order at 10:00 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Jim Holt approached the Board on his concerns with a disconnect of information given to
County leadership over the years. Mr. Holt has continued concerns with Bill Martin Road.
CONSENT AGENDA: Commissioner Baney requested to pull Consent Agenda Item 6 for
further review.
BANEY: Move approval of Consent Agenda as amended
HENDERSON Second
BOCC BUSINESS MEETING NOVEMBER 26, 2018 PAGE 1 OF 3
VOTE: BAN EY: Yes
DEBONE: Absent, excused
HENDERSON: Chair votes yes. Motion Carried
1. Consideration to Authorize County Administrator's Signature on Document No.
2018-732, Stop Loss Insurance Renewal Options
2. Consideration of Board Signature of Letter Appointing James Lewis to the Audit
Committee
3. Approval of Minutes of the October 29, 2018 Public Hearing
4. Approval of Minutes of the October 31, 2018 Business Meeting
5. Approval of Minutes of the October 31, 2018 Work Session
6. Approval of Minutes of the November 5, 2018 Work Session
ACTION ITEMS:
7. Consideration of Board Signature of Document No. 2018-754 VOCA Grant
Application
Ashley Beatty, District Attorney's Office presented this grant application for
consideration of approval.
BAN EY: Move approval
HENDERSON: Second
VOTE: BAN EY: Yes
DEBONE: Absent, excused
HENDERSON: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 SERVICE DISTRICT
• 911 After Action Report
County Administrator Tom Anderson reported on the commitment to
determine the issues with design and implementation of the 9-1-1 radio
system. The Board commented on the process and the response received
with the after action report.
BOCC BUSINESS MEETING NOVEMBER 26, 2018 PAGE 2 OF 3
BANEY: Move approval of Document No. 2018-740
HENDERSON: Second
VOTE: BANEY: Yes
DEBONE: Absent, excused
HENDERSON: Chair votes yes. Motion Carried
OTHER ITEMS:
Commissioner Henderson reported on a follow-up to a work session discussion where
Commissioner DeBone had previously reported on a request from a businessperson in
South Deschutes County to lend support to a request by the business to the federal
government to trade land to allow for expanded gravel/rock mining operations.
Commissioner Henderson and Baney are generally supportive of a letter; provided that
Road Department Director Chris Doty first provide his input.
Being no further items to come before the Board, the meeting was adjourned at 10:38 a.m.
DATED this l Day of / 2018 for the Deschutes County Board of
Commissioners.
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BOCC BUSINESS MEETING NOVEMBER 26, 2018 PAGE 3 OF 3
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.descl2utes-.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, MONDAY, NOVEMBER 26, 2018
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www. deschutes.or /meetings. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
PLEDGE OF ALLEGIANCE
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.
CONSENT AGENDA
Consideration to Authorize County Administrator's Signature on Document No.
2018-732, Stop Loss Insurance Renewal Options
Board of Commissioners Business Meeting Agenda Monday, November 26, 2018 Page 1
of 3
2. Consideration of Board Signature of Letter Appointing James Lewis to the Audit
Committee
3. Approval of Minutes of the October 29, 2018 Public Hearing
4. Approval of Minutes of the October 31, 2018 Business Meeting
5. Approval of Minutes of the October 31, 2018 Work Session
6. Approval of Minutes of the November 5, 2018 Work Session
ACTION ITEMS
7. Consideration of Board Signature of Document No. 2018-754 VOCA Grant
Application -Ashley Beatty, Program Coordinator
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 SERVICE DISTRICT
1. 911 After Action Report - Tom Anderson, County Administrator
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.
ADJOURN
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.
FUTURE MEETINGS:
Board of Commissioners Business Meeting Agenda Monday, November 26, 2018 Page 2
of 3
Additional meeting dates available at www.deschutes.org/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda Monday, November 26, 2018 Page 3
of 3
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BOARD OF COMMISSIONERS' MEETING
REOUEST TO SPEAK
Citizen Input or Testimony
Subject: Q��✓�,i
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Name)
Address
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In Favor
❑ Neutral/Undecided Opposed
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Submitting written
documents as part of testimony? Yes
If so, please give
a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
I have always, since moving to Tumalo, though of Central Oregon as the greatest place to live. All that
changed soon after buying our lot from Tumalo Irrigation District (TID) to build our home on. I always
thought of the Deschutes County (the County) Board of Commissioners as three people who would, with
the varied departments it oversees, be "responsible for protecting the health and safety of county resi-
dents, visitors and communities by ensuring compliance with county code."
I have discovered that for some reason, the commissioners seem to have some problem areas in that
decisions are pre -decided, or they are being presented information from staff and are working with only
partial information. The area I'd like to highlight is a road that should never have been built.
The County and TID banded together to develop 11 parcels in 2005. Cascade Pumice was, in 2003 just
finishing their reclamation of 403 acres east of Mock Road (a County dirt road) and north of Tumalo Res-
ervoir Road. In 2005 there were issue with the reclamation and closing and so 3 years had to be another
inspection in 2008. In 2008, TID and the County received notice from DOGAMI that per their findings
certain improvements had to take place with possible release in another 3 years — 2011.
TID waited two years, 2010, then began construction of a road approximately 1% miles long - Bill Martin
Road (BMR), that was completed and Dedicated to the County on December 10, 2010. On September 13,
2011 DOGAMI released the land to TID with the warning that after monitoring the reclamation they noted
it was only in their expert opinion that it was safe for use as range or pasture — no construction. The
reason was that the soil from 20-100 feet of depth was backfilled with loose dirt — there was no compac-
tion and so could produce sinkholes during heavy moisture winters.
TID contracted the engineering firm of David Evans Associates (DEA) to draw the plans and monitor the
construction by Taylor Northwest who won the contract to build BMR. DEA asked TID to show them
where the road was to be built. The first % mile and the last %2 mile were planned, drawn, and built on
virgin soil. The center mile of road was built on uncompacted soil.
The County gave TID a permit to built the road after the County Road Department Engineer, George Kolb,
approved it. However, George contacted Ken Reick, executive manager of TID, and told him that the plans
had a perceived flaw — which was the fact that there was a lack of an under -road culvert. Interestingly
this was the exact place where the road failed in March 2017 (and is failing again), stranding property
owners and required the County to make emergency repairs. When George emailed Ken, Ken's response
was "I'll look into it." Ken never did anything about George's comments and George never followed up
with Ken.
TID claims that they have no responsibility to keep the road maintained, yet just prior to the road falling
into a dangerous sinkhole they were called by property owners to alert them of the large, deep lake form-
ing on the north, low -side, of the road where no culvert existed to drain off the water. TID sent an em-
ployee with a backhoe to take care of the problem. The employee dug out the low side of the road,
forming an even deeper lake — yet they had no responsibility to maintain the road.
TID is the cause of a number of Code Violation Complaints, all of which were valid. At lease one of the
violations has been identically reported, with photos, at least 3 or 4 times, by multiple people, since 2016.
1 don't understand the lack of action by the Commissioners, given that the above facts were given to the
County in July of this year, 2018.
I do not understand why when TID was caught mining around Tumalo Reservoir during the winter on a
deer wintering area that the commissioners leveled two $1,000 fines against TID, but only enforced one
of them. TID crowed in their board meeting following this that they beat back one of the fines and then
remarked that it only cost them $25,000 in legal fees to do so.
I do not understand why when the Commissioners found that the BMR collapsed and that it was TID's
fault, and it cost the County $21,000 (of taxpayer money) to make the emergency repairs, Commissioner
Baney remarked that "TID has been a good friend to the County" so that the County should absorb half of
the cost. Commissioner Henderson said that TID should make the County whole by paying the whole cost.
Commissioner DeBone suggested splitting the difference between the two Commissioners positions. I
guess taxpayers (your constituents) should have to the cost of TID's stated position of "we'll do it first and
ask permission — beg forgiveness later. "Commissioners, when you
Commissioners, when you receive verbal information backed by written, you should at least have staff
look into the accusation for any validity. Your County Staff had all the information I had, yet they did not
use that information to control the building of a road on unsafe ground. They could have been "respon-
sible for protecting the health and safety of county residents, visitors, and communities by ensuring
compliance with county code" as mandated by your own Mission Statement. They had all the information
needed to control the building of BMR to a safe condition. One mile of road built on loose fill would never
have been allowed to be built as a County owned road.
There is no doubt that most of Bill Martin Road was built out of County Code. I spoke with County Road
Department Engineer Chris Doty, and asked three simple nuestinns:
1. "If I were building a road to be dedicated to the County, with no maintenance, would the County
need to review the plans? Answer — Yes.
2. If the road was to be built over loose fill 40+ feet deep, would the fill need to be compacted?
Answer — Yes.
3. Does the fill need to be removed to be compacted? Answer — Yes. If not compacted the road
would need continued maintenance as it settled.
Commissioners, you need to be even handed in your dealing with the public's interest, not just those of
special interests like TID and KCDG.
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TUMALO IRRIGATION DISTRICT
LAIDLAW BUTTE ACCESS ROAD
D. Backfill voids with specified soil materials while installing and removing shoring and bracing.
E. Install warning tape directly above utilities,_
(600 nn,m) below finished grade, except
i 50 nun; below subgrade under pavements and slabs.
3.12 SOIL FILL
A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material
will bond with existing material.
B. Place and compact fill material in layers to required elevations as follows:
1. Under steps and ramps, use engineered fill.
2. Under footings and foundations, use engineered fill.
C. Place soil fill on subgrades free of mud, frost, snow, or ice.
3.13 SOIL MOISTURE CONTROL
A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil Iayer before compaction to
within 2 percent of optimum moisture content.
I. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice.
2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds
optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight.
3.14 COMPACTION OF SOIL BACKFILLS AND FILLS
A. Place backfill and fill soil materials in Iayers not more than
material compacted heavy b y teay com actipequip- (3��O 'n, in loose depth for
on ment and not more' than - r Iii(i ;
depth for material compacted by hand -operated tampers. ,,;; in loose
B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly
along the full length of each structure.
C. Compact soil materials to not less than the following percentages of maximum dry unit weight according
to AASHTO T-80 (ASTM D 1557) Modified Proctor.
1. Under structures, wet wells, building slabs, equipment slabs, steps, and pavements, scarify and
recompact top ;300 mM! of existing subgrade and each layer of backfill or fill soil
material at 90 percent.
?. Structural fill shall be compacted to minimum 95 percent.
3. For pipe and utility trenches, compact each layer of initial and final backfill soil material at 90
percent.
3.15 GRADING
A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with
compaction requirements and grade to cross sections, lines, and elevations indicated.
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