HomeMy WebLinkAbout2013-07-03 Business Meeting Minutes
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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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, JULY 3, 2013
_____________________________
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; Nick Lelack and Peter Gutowsky, Community Development;
Scott Johnson Health Services; and three other citizens.
Chair Unger opened the meeting at 10:03 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Kerry Downs, 24885 Dodds Road, Bend, spoke about event venues. He doesn’t
necessarily agree with how the Board is looking at this issue. However, he
doesn’t want to be considered similar to others in the County who appear to not
have anything else to do. He thinks Mr. Shepard (who operates Shepard’s
Field) is going to ask for a conditional use permit and is working through the
process. I think you should give him his permit. Over a year ago, when the
Board was listening to testimony about this, Mr. Downs was here. He met with
Mr. Shepard and made some suggestions to him.
In 2007 when this began, Mr. Downs had a wedding for his daughter on his
property. He created a website after that. He got a letter from the County
asking about commercial events. He had not done any other weddings at that
time but had just developed the website.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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He held a few weddings in 2008 and got a letter again regarding Code
enforcement. He and others joined together and worked through this, trying to
get a Code amendment. He hoped things would get resolved quicker. He
booked ten weddings and it was too late to cancel them. Th e weddings were
booked before the letter came, and he was told they could proceed because of
that. The first five he was left alone. After that he was told he could not use his
agricultural building, and got five citations at over $700 each.
He went through the process of repermitting the structure, including getting
studies done on how sound it was. The County dismissed the tickets then. He
did a few personal events after that, but was subject to surveillance by some
who had nothing else to do.
Now there is a Code amendment and he has a permit to do six weddings, but with
lots of restrictions and rules. He asked several times about what is going on with
others, like Shepard’s Field. He was told no one was aware of it. Everyone needs
to be treated the same. In November he asked again, and was told there was never
a formal complaint, so he submitted one including ads for the site and other
information. To his knowledge, Mr. Shepard did 13 weddings last summer, per
the vendors. He can’t believe someone doesn’t know about this.
Mr. Shepard asked for a waiver, and says he has 17 planned for this summer.
Mr. Downs is wondering what is going on. He got a phone call last week
regarding a wedding date for next year. The woman had also checked out
Shepard’s Field, but he was already booked that date; they had one date in June
and one in August left.
Mr. Downs doesn’t feel that this is being fair. He has had to pay fees and for
permits, and is trying to follow the rules. There are three or four others that are
ranches and have not gone through the permit process.
There does not seem to be equity. If the County does not want to mess with
this, he will go ahead and book other events besides the six that are allowed.
Chair Unger said that most of this is new information to him. The County tries
to be responsive and work with citizens, and reflect what State law allows. The
County is trying to adjust as well.
Nick Lelack said he has spoken with Mr. Downs several times. Mr. Shepard
applied for the same permit.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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Laurie Craghead emphasized that this may come before the Board at some
point, so this conversation will need to be on the record if there is a future
hearing.
Mr. Lelack said he did not think Mr. Shepard complied with the rules so
withdrew his permit. He was told to seek another permit or apply for a land use
change. The complaint was addressed and Mr. Shepard is working on fixing
some of this. Earlier this year, he submitted a permit for a private park
conditional use permit for commercial weddings. It was scheduled for a
hearings officer hearing last night. Mr. Shepard asked if it could b e continued
until September.
Mr. Hunnicut (Oregonians in Action) is working with Mr. Shepard on this issue
Mr. Lelack has not yet been able to approach the Board regarding Mr.
Shepard’s situation. An option for Mr. Shepard would be to state what he has
already scheduled and not do any more.
The next step is Code enforcement action and whether the Board will support
action against Mr. Shepard. A work session may be needed to talk about this
further.
Commissioner Baney appreciates Mr. Downs being a part of the process. What
is in Code now works. It was not an easy process. Equity is important and she
hears that he tried to comply, while others are not doing so. Fairness is
important and Code enforcement means to get voluntary compliance and not be
subject to abuse. There might be others out there as well who are not following
the rules. If there are those doing this, there needs to be an even playing field,
especially for those who are doing the right things.
Commissioner DeBone wants to aim for closure on this issue and get everyone
on board.
3. Before the Board was Consideration of Board Signature of Document No.
2013-332, Allowing the Community Development Department to Receive
Federal Funds to Implement a U.S. Environmental Protection Agency
Community-wide Brownfields Assessment Grant.
Peter Gutowsky gave an overview of the item. Once approved by the EPA, the
grant would allow for $400,000 to address petroleum or otherwise polluted
brownfields sites. The application went in last fall, and Beaverton is the only
other applicant.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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These resources provide an opportunity to be able to assess the brownfields
sites and prioritize their redevelopment or reuse. This would allow for
community involvement so that neighbors and stakeholders can be a part of it.
There would be technical studies to make an underutilized areas more useable.
The City of Bend will apply for a transportation growth grant for the west side
of Bend, and that program may couple with this one to help with OSU
Cascades. The County has the old landfill, which might be a part of this. This
is a three-year grant and is in the Department work plan.
Commissioner DeBone asked if the County is looking for new sites where the
problem is not known. Mr. Gutowsky said the demolition landfill is a known
site, as well as the County-owned shooting range in Redmond. There are other
County sites with potential petroleum issues. They will do an inventory
through a consultant so all are known, at which time they will be assessed and
prioritized.
They are not predetermining any of these sites at this time. One features of this
program is a brownfields advisory committee to engage the community. He
expects the community will be on board and have a real opportunity to
participate.
Chair Unger asked if this will cover other properties, not just County property.
Some people may hesitate to bring an issue up for fear of a regulatory
nightmare. He asked if this will help people find a path forward so it doesn’t
become a negative issue for them.
Mr. Gutowsky replied that the inventory is already part of the public record
through the EPA and DEQ. Property owners are aware of this. Once this is
available, there would need to be outreach. The property owners will have a
chance to be involved in the process. This may give them an opportunity to
address problems to their benefit. The County certainly won’t impose resources
on anyone who is not interested in being involved. The County needs to
maximize these resources and wants everyone to be thoroughly engaged.
DEBONE: Move signature of these grant documents.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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4. Before the Board was Consideration of Chair Signature of Document No.
2013-384, an Intergovernmental Agreement with the Oregon Health
Authority for the Financing of Local Public Health Services for the 2013 -15
Biennial.
Scott Johnson said these master contracts set the framework of the services the
County will provide on behalf of the State, now that the legislature is close to
adjournment. He gave an overview of the services to be covered. There will be
amendments in the future as funding levels change and services are added or
eliminated. They are already seeing a slippage of funding, but at least HB 2445
will provide additional funding for school-based health centers. The agreement
runs for two years.
Commissioner Baney asked that, as they know changes will come forward, is it
prudent to allow Mr. Anderson signature authority for those changes if not
substantive.
Mr. Anderson said that the amounts are not known. Mr. Kropp said there is
already an authority level for the County Administrator to approve.
DEBONE: Move signature.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
5. Before the Board was Consideration of Chair Signature of Document No.
2013-268, an Intergovernmental Agreement with the Oregon Health
Authority for the Financing of Community Addictions and Mental Health
Services for the 2013-15 Biennial.
Mr. Johnson said this agreement covers Mental Health funding from the State.
Much of this is to assist indigent people or those who need crisis services; and it
provides for residential funding as a pass-through.
This ties into health reform work as well. With the Affordable Health Care Act,
there may be as many as 12,000 additional people coming on to the Oregon
Health Plan, starting in October. There are dollars that end December 31, 2013,
and they are anticipating a like amount then coming from Pacific Source. There
is considerable paperwork that will have to be addressed to make sure the
County is protected.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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Mental health residential work contracted directly with the State will also run
through the CCO. There are concerns whether this will happen smoothly. This
situation is not unique to Deschutes County, but is happening statewide.
DEBONE: Move signature.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
6. Before the Board was Consideration of First and Second Readings, by Title
Only, and Adoption of Ordinance No. 2013-014 by Emergency, Amending
Code in Regard to a Modified Intergovernmental Agreement for ABHA
(Accountable Behavioral Health Alliance).
Mr. Johnson explained that this is a change in the IGA that was the backbone of
the work with ABHA. This work has shifted over to the wellness and education
board of CO in partnership with Pacific Source. These changes are necessary to
be able to close out the work with ABHA.
The Board is supportive of the emergency clause to be able to bring this to a
conclusion. Commissioner Baney said this has taken a lot of staff and legal
time to address.
BANEY: Move first and second reading by title only, declaring an
emergency.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the first and second readings by title only.
BANEY: Move adoption by emergency.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Board of Commissioners’ Business Meeting Agenda Wednesday, July 3, 2013
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__________________________
Before the Board was Consideration of Approval of the Consent Agenda.
Commissioner Baney said she has not had a lot of time to review the minutes,
so requested they be addressed at a future meeting.
Consent Agenda Items
7. Approval of Minutes:
Work Session of June 12, 24 and 26, 2013
Business Meeting of June 12, 17, 24 and 26, 2013
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$28,054.98.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $7,656.21.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COlVIMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,432,645.49.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
11. ADDITIONS TO THE AGENDA
Being no further items addressed, the meeting adjourned at 10:50 a.m.
DATED this It ~ Day of ~ 2013 for the
Deschutes County Board of Commissioners
Al~
Tammy Baney, Vice Chatr
ATTEST:
Anthony DeBone, Commissioner ~~
Recording Secretary
Board of Commissioners' Business Meeting Agenda Wednesday, July 3,2013
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest _-.:..-_------d~_-_t:.-______ '7 / 1) t3=-F l,'-Date
Name t:Ul...fL y 7~)l~l.v~)
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Phone#s r-~ 1 ... 3~2--~0 ~2
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D In Favor D NeutrallUndecided D Opposed
Submitting written documents as part of testimony? DYes D No
~/.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
BUSINESS lVIEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JULY 3,2013
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when the Board calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public
hearing will NOT be included in the official record ofthat hearing.
3. CONSIDERATION of Board Signature of Document No. 2013-332,
Allowing the Community Development Department to Receive Federal Funds
to Implement a U.S. Environmental Protection Agency Community-wide
Brownfields Assessment Grant -Peter Gutowsky, Community Development
Suggested Action: Move Board signature ofDocument No. 2013-332.
4. CONSIDERATION of Chair Signature of Document No. 2013-384, an
Intergovernmental Agreement with the Oregon Health Authority for the
Financing of Local Public Health Services for the 2013-15 Biennial-Scott
Johnson, Health Services
Suggested Action: Move Chair signature ofDocument No. 2013-384.
Board of Commissioners' Business Meeting Agenda Wednesday, July 3, 2013
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5. CONSIDERATION of Chair Signature of Document No. 2013-268, an
Intergovernmental Agreement with the Oregon Health Authority for the
Financing of Community Addictions and Mental Health Services for the 2013
15 Biennial -Scott Johnson, Health Services
Suggested Action: Move Chair signature ofDocument No. 2013-268.
6. CONSIDERATION of First and Second Readings, by Title Only, and
Adoption of Ordinance No. 2013-014 by Emergency, Amending Code in
Regard to a Modified Intergovernmental Agreement for ABHA (Accountable
Behavioral Health Alliance) Mark Pilliod, County Counsel
Suggested Actions: Move and Conduct First and Second Readings by Title
Only; Move Adoption by Emergency.
CONSENT AGENDA
7. Approval of Minutes:
• Work Session of June 12,24 and 26,2013
• Business Meeting of June 12, 17,24 and 26, 2013
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
Board of Commissioners' Business Meeting Agenda Wednesday, July 3, 2013
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11. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions
regarding a meeting, please call 388-6572.)
Wednesday, July 3
10:00 a.m. Board of Commissioners' Business Meeting
Thursday, July 4
Most County offices will be closed to observe Independence Day
Wednesday, July 10
10:00 a.m. Board of Commissioners' Business Meeting
1:30 pm. Administrative Work Session -could include executive session{s)
Monday, July 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session{s)
Thursday, July 11
7:00 a.m. Regular Meeting with the City of Redmond Council -Redmond Council Chambers
Monday, July 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session{s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 3,2013
Page 3 of4
Wednesday, July 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, July 25
6:00 p.m. Joint Meeting of the Board of Commissioners and the Deschutes County Planning
Commission to Discuss Groundwater Protection Recommendations Sunriver
Homeowners Aquatic and Recreation Center
Monday, July 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, July 31
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, August 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Tuesday, August 6
3 :30 p.m. Public Safety Coordinating Council Meeting
Wednesday,August7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; DRS 192.660(2) (h), litigation; ORS
192.660(2)( d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
Board of Commissioners' Business Meeting Agenda Wednesday, July 3,2013
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