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2001-678-Minutes for Meeting August 29,2001 Recorded 9/4/2001DESCHUTES COUNTY OFFICIAL RECORDSMARY SUE PENHOLLOW, CJ 1001619 1•JT E S CO COMMISSIONERS' JOURNALCOUNTY CLERK 091041100109:04:31 AM 2�A Board of Commissioners AA 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke MINUTES OF MEETING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 29, 2001 Present were Commissioners Tom De Wolf, Dennis Luke and Mike Daly. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; Kevin Harrison and Cynthia Smidt, Community Development; and ten citizens. Acting Chair Mike Daly opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. None was offered. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of the Consent Agenda. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. CONSENT AGENDA ITEMS: 3. Signature of an Amendment to the 2000-2001 "Ready Set Go" Contract between Deschutes County and Central Oregon Community College, Extending the Contract and Increasing the Contract Dollar Amount; 4. Signature of a Contract between Deschutes County and CODA for Services to be Provided under the Oregon Health Plan (Alcohol and Drug Treatment and/or Other Mental Health Services); Board of Commissioners' Meeting Minutes Page l of 7 Pages Wednesday, August 29, 2001 Quality Services Performed with Pride 5. Signature of a Contract between Deschutes County and BestCare for Services to be Provided under the Oregon Health Plan (Alcohol and Drug Treatment and/or Other Mental Health Services); 6. Signature of a Contract between Deschutes County and Oregon Extended Unit for Recovery (dba Rimrock Trails Outpatient Services) for Services to be Provided under the Oregon Health Plan (Alcohol and Drug Treatment and/or Other Mental Health Services); 7. Signature of a Personal Services Contract between Deschutes County and Bend Mailing Service for the Preparation and Mass Mailing of Documents; and 8. Signature of Resolution No. 2001-068, Transferring Appropriations within Various Funds of the Deschutes County Fiscal Year 2001-2002 Budget, and Directing Entries. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $2,914.12. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $51,603.85. LUKE' Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Board of Commissioners' Meeting Minutes Page 2 of 7 Pages Wednesday, August 29, 2001 RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $6134,429.38. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. 2. Before the Board was Consideration of Signature of an Intergovernmental Agreement between Deschutes County and the State of Oregon for the "Deschutes County Community Youth Project" (Community Youth Investment Program). Rick Isham said that he spoke with Kelley Jacobs about internal inconsistencies with the State's requirements, but the State has indicated this document can be revised with an amendment, and sent to them for their review and approval. LUKE: I move approval, subject to legal review of the document and proposed amendment. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Chair Tom De Wolf joined the meeting at this time. 3. Before the Board was a Public Hearing, and First Reading of Ordinance No. 2001-035, Adopting a Clean Air Ordinance Regarding the Removal of Non -Certified Woodstoves and Woodstove Inserts upon the Sale of Structures. Laurie Craghead explained that some changes had been made to the draft document the Board previously received. Most of the changes were minor clarifications, but the most significant change is taking the ordinance out of Title 15 and placing it into Title 8, health and safety. Board of Commissioners' Meeting Minutes Page 3 of 7 Pages Wednesday, August 29, 2001 After reviewing the revised document, Chair DeWolf stated that it appears the changes are minor. He asked Kevin Harrison if there was an additional staff report; there was none. Gregory McClarren of the Clean Air Committee then spoke. He emphasized that the primary reason for the ordinance is health-related, and he also believes that Title 8 is the best place for this ordinance. Chair De Wolf opened the public hearing at 10:10 a. m. Randy Davis, Redmond Fire Marshal, testified. He said he supports the ordinance both from a health standard and also from a safety standard. He further indicated that he feels it will take ten to twelve years before all of the uncertified woodstoves are eliminated, especially since some have been moved from inside homes into shops and garages. Therefore, he feels there may still be some fires because of that. He further indicated that he should be able to convince the City of Redmond to adopt a similar ordinance. .. Commissioner Luke said that the Board had discussed this with the City of Redmond Councilors previously, and that they had appeared favorable to it. Mr. Davis explained that the City of Redmond still hasn't adopted the shake and shingle ordinance recently adopted by the County, but that he's working on getting this done with the assistance of Pete Ribble of Project Impact. Terry Blackwell, Realtor, then spoke. He indicated he is here on his own, and not as a representative of the Board of Realtors; however, he said that most of the local Realtors seem to feel the way he does about the ordinance. He stated that he feels there are some problems with the ordinance, and detailed several of them. (These comments are incorporated in a two-page letter from him, attached as Exhibit A.) , He feels that the ordinance would restrict an owner's right to sell property, since other potential health and safety hazards common in older homes are usually not required to be corrected prior to selling the property. Board of Commissioners' Meeting Minutes Page 4 of 7 Pages Wednesday, August 29, 2001 Also, Mr. Blackwell said he did some research on the number of homes that might have uncertified wood stoves in them. He said his research shows that most newer homes are built without woodstoves or woodstove inserts; and of the homes built before 1986, at which time any new installations had to be certified woodstoves, probably only 15% of them have uncertified woodstoves. Of those 15%, it is likely that 1/3 of them have already had their woodstoves removed. He then questioned whether the County's ordinance would void the City of Bend's ordinance. Commissioner Luke explained that the County's woodstove ordinance would only affect areas outside of the urban growth boundaries of the cities. Mr. Blackwell also asked if the woodstove change -out would be required upon any change of ownership. Commissioner Luke replied that it would only be required when there is an actual sale, not a transfer to a spouse, a transfer to a trust, or a transfer as a result of an inheritance. In addition, Mr. Blackwell stated that many people voluntarily take out these older woodstoves, and he feels the law is unnecessary. He explained that the wording in the document makes it unclear as to when the change -out would actually need to take place during the sales process. In addition, he thought the requirement for notarization was unnecessary and expensive to the parties involved in the sale. He further said that requiring notarization, which could cost around $50, might encourage people not to comply due to the cost. Commissioner Luke asked when the last time the committee working on this ordinance had met. Mr. Blackwell replied it has been approximately a year, and that there were many issues about this ordinance that he feels were not resolved at those meetings. Commissioner Daly asked if he would be willing to get involved again; Mr. Blackwell indicated he would if it appears that something will get done. Chair DeWolf asked how much the City of Bend's ordinance has impacted the sale of homes; Mr. Blackwell replied that there has not been much of an impact, but it appears it isn't monitored much and most change -outs have been done on the honor system. Rob Kirkpatrick, Realtor, also testified. He wanted to reaffirm Terry Blackwell's letter, and emphasized that he thinks the ordinance should be more in line with the one the City of Bend has. He indicated, however, that there is not the same extent of a problem in the city as in the county. He stated that he, too, feels this would infringe on private property rights. Board of Commissioners' Meeting Minutes Page 5 of 7 Pages Wednesday, August 29, 2001 Chair DeWolf stated that there may be some small adjustments necessary, but he is in strong support of passing this ordinance. Howard Daniel of La Pine then spoke. He said he helped draft the ordinance, and the Realtors were at the meetings only on a sporadic basis. He emphasized that he feels notarization is an important factor, as it places more importance on the issue, and alerts all parties to the transaction that the non -certified woodstove is a health and safety hazard, and therefore more people may comply. Chair DeWolf aid that some documents are no longer recordable due to changes in State law, and therefore there would be no point in notarizing it, but legal will check with the Clerk. He also said that he is against exemptions, such as selling a property to a relative. The non -certified woodstove could end up being in operation for many years in that event, and it still pollutes and is a fire hazard. Chair DeWolf stated that he believes the City of Bend's ordinance is a good one, and has made excellent strides towards cleaner air. The older woodstoves will eventually phase out. He said personally he has a problem with this being required upon any transfer, and feels this will take care of 95% of the problem. Gregory McClarren testified again. He said that it doesn't appear to be that big of a problem, because there are not thousands of woodstoves. However, the Fire Marshal, other public safety experts and the trade organizations themselves say that these older woodstoves can last for decades; and also find their way into newer construction. Uncertified woodstoves pollute ten to thirty times more than certified woodstoves. He further said that the ordinance is based on this change -out going into effect upon sale of the property. Mr. Daniel would like to have it go into effect upon any transfer of property; and Mr. Blackwell would like an ordinance more similar to that of the City of Bend. Chair DeWolf encouraged Greg McClarren to meet with Terry Blackwell and Laurie to discuss making minor changes to the document. After discussion with Laurie Craghead, Chair DeWolf then continued the public hearing and delayed the first reading of the ordinance until Wednesday, September 5, 2001. Being no further items brought before the Board, Chair Tom DeWolf adjourned the meeting at 10:45 a. m. Board of Commissioners' Meeting Minutes Page 6 of 7 Pages Wednesday, August 29, 2001 ADDITIONAL ACTION: The following action was taken at a meeting convened after the regular Board meeting, involving the Commissioners and members of the Employee Benefits Advisory Committee. Before the Board was a Discussion and Consideration of Approval of Signature of a Contract with HCC Benefits Corporation to act as re -insurer for Deschutes County; at an amount not to exceed $317,990, and a budgeted maximum aggregate not to exceed $6,041,000. LUKE: I move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. DATED this 29th Day of August 2001 for the Deschutes County Board of Commissioners. ATTEST: /� Recording Secretary Tom DeWolf, Chair •-E -2 tom.... Dennis R. Luke, Commissioner i Mic ael M. Daly, C missioner Board of Commissioners' Meeting Minutes Page 7 of 7 Pages Wednesday, August 29, 2001 Stratford Group, Inc. Real Estate Services Letter of Opposition To The Wood Stove Ordinance To Deschutes County Commission An ordinance of this type restricts an owners right to sell property. If the property met code at the time it was built, it should be legal to sell it without bringing construction components up to current code or standards. Old homes do pose some health risk. Some may have asbestos, some may have ungrounded outlets, some may lack earth quake protection. We do not make the sellers of these homes go back and correct those health risks. Why single out wood stoves. My point is that we shouldn't restrict the sellers right to sell for any of these reasons, including wood stoves. 2. The ordinance is not needed. Non certified wood stoves have not been installed in homes since June 1986. Almost 95% of new homes are being built without wood stoves at all and the number is dropping. MLS numbers indicate that only 15% of the homes old enough to have non certified wood stoves have wood stoves at all. Of these 1/3 have already been removed for a stove upgrade/replacement. (determined by a sampling). 3. The City of Bend already has a wood stove ordinance. It is different from this one those citizens within the city would be subject to two ordinances that have different provisions and disclosures. This is confusing and doesn't make sense. 4. The ordinance as presented in the draft form has many flaws. 1. Is that it covers any transfer, not just sales. It would be in effect, for transfer of assets to a living trust for estate planning, inheritance, and foreclosure because these are all "transfers". 2. The some times sales that we think will close get to escrow and the sale does not occur. Under the ordinance the seller would have to remove the stove before he knows that the sale is actually going to close. 3. The disclosure requirement is out of sink with the rest of real estate disclosure. Real estate disclosure in general happens at the time the offer is accepted and they are not notarized. This disclosure falls uncomfortably between the rest of the sellers' disclosure and the closing. 4. The notarization requirement does not make sense. Notarization is for documents that are going to be recorded. None of the other agreements between buyer and seller are notarized until closing. Then only items for recording. Why force buyers and sellers to go in search of a notary for this single item of disclosure when many of the other more important elements of the sale are accepted by the State, escrow, brokers, banks and lenders without notarization. 4. The disclosure certificate is in conflict with it's self. It is to 598 NW Hill Street, Suite B • Bend, Oregon 97701-2951 • 541-389-8937 • 1-800-654-5771 • Fax: 541-385-6852 disclose that there is a non certified wood stove, but has a section to describe the disposal method. If there was a disposal method then there is no wood stove and no need for the disclosure at all. The process of bringing this ordinance to the counsel was flawed. A few of us from the Central Oregon Board of Realtors were involved in the drafting of the ordinance. We pointed out the problems and our views as outlined above throughout the process. The ordinance still came to the commission without regard to these concerns. It also comes to the commission without notification to us as members of the committee or to the Association of Realtors in general. I think we were dropped from the process because we made it clear from the beginning how we felt about this ordinance. Terry Blackwell