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HomeMy WebLinkAbout2011-02-09 Business Meeting Minutes (3)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 9, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Tony DeBone. Also present were Deputy County Administrator Erik Kropp; Darryl Nakahira, Jon Sholes and Capt. Tim Edwards, Sheriff’s Office; Tom Blust and George Kolb, Road Department; Anthony Raguine, Community Development; Teresa Rozic, Property & Facilities; and six other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2011- 013, a Service Agreement with Motorola Solutions regarding Maintenance and Repair of Sheriff’s Office Communications Equipment. UNGER: Move signature. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2011- 014, Approving the Acquisition of Rights-of-Way on Rickard Road for the Relocation of Central Electric Cooperative Power Poles. Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 1 of 7 Pages Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 2 of 7 Pages George Kolb said that there are power poles on this road that are too close to the pavement. A right of way acquisition of a ten-foot strip of land has to be put into place before the poles can be relocated. UNGER: Move signature. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2011-003, Annexing the City of Redmond to Deschutes Rural Fire Protection District No. 1. Laurie Craghead gave an overview of the item, which does not require a public hearing. An election has already taken place and approved the annexation. The appropriate documents need to be at the State by the end of the year. DEBONE: Move approval of Order No. 2011-003. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2011- 068, Approval of Tetherow Destination Resort Amendment to Improvement Agreement. Anthony Raguine said that there was a problem with postings on the website and some parties may believe this is to be addressed at the afternoon work session. Chair Baney said she wanted to give Paul Dewey, who had expressed some interest in the item, a chance to be present, but he could not be reached. However, it is not a public hearing and testimony would not be taken. The Commissioners indicated they wanted to proceed this morning. Mr. Raguine said that a subdivision was approved subject to the agreement, which includes having the property infrastructure in place. There is an irrevocable amount of $1 million committed for this improvement agreement. Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 3 of 7 Pages Ms. Craghead said that Section 6.3 allows the County to withhold the release of any ILOC funds for the warranty period, which starts after the completion of the project and lasts for one year. Potentially the ILOC would be in place for a year longer. Mr. Raguine said that the Board has offered extensions in the past. Ms. Craghead said that includes roads and utilities that have to be in place first before anything else can happen. DEBONE: Move Board signature of the document, as amended to include Section 6.3 UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 6. Before the Board was a Public Hearing on the Inclusion of Properties Other than those Zoned EFU in the Wildlife Habitat Conservation Program. Larry Pacenka of the Oregon Department of Fish & Wildlife and Erik Kropp came before the Board. Mr. Kropp said that the question is whether the Board wants to expand the amount of land eligible for this program. At this time, the County has limited it to just EFU although the State allows other types of land to be included. Countywide, the special assessments reduce the tax base by about $250,000. There was a question as to whether the ODF&W has the capacity to do the required work on new properties. Chair Baney opened the hearing at this time. Commissioner Unger asked how many properties are impacted. Mr. Pacenka said there are 86 properties enrolled at this time, including two added during the last couple of years. They have to monitor the properties and address any compliance issues. They have the option of backing off on enrollments if they cannot handle the numbers. Commissioner Unger asked about the County’s reasons for including just EFU and not forest land. Mr. Pacenka said he was not around at the time and did not know. Mr. Kropp explained that the County mirrored State law, which eventually changed, but the County did not make the change at that time. Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 4 of 7 Pages Commissioner Unger asked about proposed economic hardship to the districts. Mr. Kropp stated the current program would affect revenues of about $250,000; however, future impacts of changing this law cannot be known. Mr. Pacenka said that he believes Deschutes County is the only one that did not change when the State did. He feels strongly that the deferral programs have a purpose and the property needs to benefit the area and wildlife. Commissioner DeBone asked if they have an idea of which properties might be affected. Mr. Pacenka said they have an idea of some of them. Ms. Craghead stated that most counties are not involved in the program at all. Mr. Pacenka said that except for Deschutes County, those that are involved cover both forest and EFU lands. Commissioner Unger asked how they will determine quality habitat. He feels people should be rewarded for improving habitat quality, but does not want to open the door to people who simply just want to avoid paying taxes. Mr. Pacenka said that there are 114 properties that are no longer with the program. Some properties are not suitable for farming but serve as open space or wildlife corridors. William Kuhn said he has been trying for years to have the County expand this program. He respects Mr. Pacenka and what the program does. He wants to expand the concept on how interaction happens. ODF&W funds the program out of fees paid for hunting licenses, which appears to be the only source of funds. He would like to find a way to help fund what Mr. Pacenka does. He realizes the County cannot fix this, but he would like the State to be aware of options. He feels that part of the fee should go directly to ODF&W specifically for this program. Enforcement is the key to the success of the program. Chair Baney asked if Mr. Coon has approached the legislators about this issue. Mr. Coon replied that he has not had the time to do so, but wants to work to benefit the wildlife in the area. No other testimony was offered, so Chair Baney closed the hearing. Commissioner Unger thought this might be a potential problem for taxing districts; however, the program is valuable and the other counties don’t differentiate between the types of property. He asked for clarification on which districts might be impacted and by how much. It appears that some special road districts might be affected. Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 5 of 7 Pages Commissioner DeBone feels that the program has merit and should be expanded. He asked if this would be appropriate within an urban growth boundary. Mr. Pacenka said that it could be a consideration. Ms. Craghead indicated that the hearing should be reopened if more information is needed. Chair Baney reopened the hearing and continued it until today’s afternoon work session. Mr. Kuhn said that he would rather have bad roads and more protection for the wildlife. Better roads equal more danger to the wildlife. Before the Board was Consideration of Approval of the Consent Agenda. Chair Baney said she would like to have some time to review the minutes, since she has been away from the office. UNGER: Move approval of the Consent Agenda, with the exception of Item #10. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 7. Signature of Document No. 2011-135, A Deed of Dedication and Acceptance of Deeds regarding Reserve Strips for Road Purposes 8. Signature of Document No. 2011-140, a Consent to Temporarily Transfer Water Rights 9. Signature of Order No. 2011-004, Reappointing David A. Pardo as Justice of the Peace, Pro-tem, through February 28, 2012 10. Approval of Minutes: ƒ Work Session of February 2 ,16 and 23; March 2 ƒ Business Meeting of February 23 Board of Commissioners’ Business Meeting Agenda Wednesday, March 9, 2011 Page 6 of 7 Pages CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $13,663.81. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Signature of a Letter Appointing Chris Lawrence to the Deschutes County Extension/4-H Budget Committee, through December 31, 2013. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $29.79. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes.