Loading...
HomeMy WebLinkAbout2011-02-12 Business Meeting MinutesSome of 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, JANUARY 12, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Tony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administartor; Laurie Craghead, County Counsel; Joe Stutler, Forester; Patrick Flaherty, District Attorney; Lori Hill and Christina D, Health Services; media representative Hillary Borrud of the Bulletin, and approximately twenty other citizens. Chair Baney opened the meeting at 10:07 a.m. 1. Before the Board was Citizen Input. William Kuhn stated that the County ruled a year ago that he could not obtain a building permit until there was a HOA agreement. The other party is in contempt of court for not entering into a joint owners’ agreement. There seems to be some confusion as to what this means. He wants to know the proper process and procedure. The rationale is simple. This affects the value of his property. He feels the County just wanted to collect a fee from him. Chair Baney said the Board of Commissioners is not in a position to answer that question, but asked that Mr. Kanner or Mr. Kropp provide input. She said this has been an ongoing issue that has involved litigation. Mr. Kuhn said he submitted a Code violation report in 1994 when his neighbors wanted to finish building their structure. Mr. Kanner said that the ruling must be that a homeowners' agreement is required and recorded. Chair Baney said that the County does not approve homeowners’’ agreements. Commissioner Unger stated that he likes to see things in writing. Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 1 of 8 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 2 of 8 Pages Mr. Kuhn said this has had lots of correspondence and documentation. What is the proper process for Mr. Kuhn to obtain a building permit in light of the requirement of having to have a homeowners’ agreement in place. Commissioner DeBone said, as the newest Commissioner, he would be happy to communicate with Mr. Kuhn on this issue. _______________________________ Don Wilfong, real estate broker and private pilot, commented regarding the use of the MOA east of town for drone testing. Pilots are not categorically opposed to this, as it is a military operations area that is closed to civilian use when the military does a NOTAM. It is a low altitude area, from 300 feet to 11,000 feet from ground level. He understands they test from 500 feet to 18,000 feet and the area covers two major highways. He feels there needs to be modification of the plan. He does not appreciate the fact that pilot comments are being ignored, and thinks that the City and County have chosen to go for this for economic reasons. Boardman allows drone testing in that area. He would like to know if that has even created one job. There may be some motel and restaurant use, but he fails to see where there is a big economic benefit. People from EDCO (Economic Development for Central Oregon) said that they might launch the drones from Christmas Valley, but that does not benefit Bend. There needs to be a lot of consideration on how this might affect air travel. The military is limited to 317 hours a year for use of the MOA. This group would use it for more hours. There is no problem avoiding that area now when necessary. There is an airway across that area used by commercial flights. The City and County and others who choose to support this need to take a hard look at it. Chair Baney said that the MOA is large, and the FAA decides what is done and how. The MOA was made large to be able to use portions of it. She understands it is important to keep the airways available. This will be discussed much more in the future. A group at the Bend Airport has been involved in this for some time. It will take some time for this to progress. Gary Miller, member of the OPA (Oregon Pilots Association), Bend Master Plan Committee member and Airport Support Network Coordinator volunteer for the AOPA (Aircraft Owners and Pilots Association) stated that there is a meeting tomorrow to voice concerns. Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 3 of 8 Pages The EAA (Experimental Aircraft Association), as well as the Oregon Rocketry group, feel that this needs more study and information. There does not seem to be many in the pilot community aware of this. There is a written plan and the organizations feel the documents are full of wishful thinking and errors. They do not have the full support of the local pilots. It is hard to know what the plan means. The process needs to have more public involvement and needs to be developed by all stakeholders. Chair Baney asked for further discussion on this issue. There are other counties involved and everyone needs to remain involved. Commissioner Unger said this is just an idea that had to start somewhere. There is a long way to go on this matter. 2. Before the Board was Consideration of Signature of Document No. 2011- 021, a Title III Certification Letter regarding Secure and Rural Schools and Community Self-Determination Act Funding. Joe Stutler gave a brief overview of the item and its history. The rules and requirements have changed over time, and the use of the funding is limited. Commissioner Unger asked about the groups that may lose out on funding opportunities. Mr. Stutler said there were originally six areas where the funds could be spent. Heart of Oregon was able to participate, learning job skills and providing services. In 2008, the categories went away and ended up on firewise communities, community fire plans and search and rescue operations. Previous recipients lost out. Because of efforts in regard to community fire plans and attempts to get grants, Heart of Oregon and others are sometimes able to participate in a different way. UNGER: Move approval of Document No. 2011-021. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2011- 005, an Agreement with UNI/Care Systems regarding Use of a Health Services Records System. Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 4 of 8 Pages Christina Grijalva provided a brief explanation of the item. All health care providers have to use an electronics records system, and this is the County’s proactive way to begin doing this. This allows health care providers to share information, using HIPAA guidelines and requirements. UNI/CARE has been in existence for 29 years and specializes in behavioral health. In October 2010 the government added requirements and all groups had to wait until then to modify their reporting systems. This will be in a live production status within days. This is a budgeted item. This helps to go from paper records to electronic records. UNGER: Move approval of Document No. 2011-021. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2010- 693, an Agreement with Telecare Mental Health Services regarding the Operation of Secure Residential Treatment Facilities. Lori Hill explained that the facility is almost ready to open and this finalizes the agreement with the provider. Commissioner DeBone asked if the contract will be annual. Ms. Hill replied they tend to do contracts until the end of the fiscal year. This is pass-through funding from the State. DEBONE: Move approval of Document No. 2010-693. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Signature of Order No. 2011-001, Initiating Review of an Administrative Decision (File #DR-10-3) regarding Deschutes Junction Property (Fagen). Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 5 of 8 Pages Peter Russell spoke about the property and its status. Staff issued a decision on January 6 administratively. The Board is being asked whether to sign the Order calling this up. Essentially, this was in a rural service center but the State changed the definition in 1994. Because there was no more than one residential dwelling in the area, the area is not a community service area. This has come up several times. The Planning Commission and Board asked for staff to look into this more fully, and decided it is not a permanent residential dwelling. UNGER: Move signature of Order No. 2011-001. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2010- 718, a Labor Agreement with the District Attorneys Association. Mr. Kanner said that this has been going on for some time. The bargaining unit was certified and, as required by State law, negotiations took place. The collective bargaining unit was certified by its membership. He was notified that the union has not withdrawn the ratification and has no plans to do so. The most controversial part is the “just cause” provision, which is a key point for the union. There are two pages written broadly about just cause provisions. The District Attorney retains the right to terminate a Deputy District Attorney, but has to follow a process. There is language in the contract regarding requirements of the DDA to adhere to the philosophical and ethical directives of the DA. The language is very broad. There are misconceptions in the community. The County did not create the bargaining agreement. The County prefers not to have another bargaining unit. In Oregon, employees have the right to form a union. The Legislature has granted DDA’s the right to organize, and made them strike prohibited. They have a right to binding arbitration if there is an impasse, and the County has to submit to this. Arbitrators typically favor the unions, so the Board can approve the contract or take its chances with binding arbitration. Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 6 of 8 Pages The County has done everything it can to negotiate this contract to make it favorable to the County and the DA. It provides for no guarantee of benefits or pay raises. There was an e-mail from someone this morning who thinks this contract should be reviewed by an outside labor lawyer. This has been done, and the attorney stated that in his opinion, the negotiating team preserved the rights of the DA and the agreement would not be achievable if it involved outside arbitration. He strongly recommended that the Board approve the contract, and Mr. Kanner does the same. Any other resulting contract will not be as favorable. Commissioner Unger concurred. He said it is a favorable contract for management. There has to be a process, and new negotiations cannot occur without rejecting the contract. The results of such an action are unknown. In December, the Board determined it would wait to hear from the new DA. Various discussions have occurred since then. The DA says he wants to talk with the labor attorney, who represents the union and is under no obligation to meet with him. This agreement needs to be addressed. Commissioner Unger feels it is not in the best interest of the County to wait. Commissioner DeBone is prepared to vote on this today. He is relying on the experts at the County. Chair Baney does not want to wait past next Wednesday to make a decision. The Board will meet at 1:30 p.m. that day to do so. Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 7. Signature of Document No. 2011-003, an Amending a Lease with Telecare Mental Health Services 8. Signature of Order No. 2011-002, Declaring Certain Deschutes County Property Surplus and Authorizing Sale (Vehicles) Minutes of Board of Commissioners’ Business Meeting Wednesday, January 12, 2011 Page 7 of 8 Pages 9. Approval of Minutes: ƒ Work Session of January 5, 2011 ƒ Business Meeting of January 5, 2011 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $8,709.98. UNGER: Move approval. 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 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $2,822.23. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,070,455.14. UNGER: Move approval. DEBONE: Second.