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HomeMy WebLinkAbout2011-03-23 Business Meeting MinutesDeschutes 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 23, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney and Tony DeBone; Commissioner Alan Unger was out of the office. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Joe Stutler, County Forester; Darryl Nakahira and Jon Sholes, Sheriff’s Office; Judith Ure, Administration; Nick Lelack and Todd Cleveland, Community Development; Susan Ross, Property & Facilities; George Kolb, Road Department; and approximately forty other citizens including media representative Devon Williams of The Bulletin. Citizen Mike DeBone joined the Commissioners at the dais. Chair Baney opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. Judy Forsythe of La Pine spoke about HB 3347, the Pine Forest development, which she does not support. It appears this is being dictated by a for-profit company. It is an end-run around the steering committee of the DEQ. There is plenty of time to examine the issues. The groudnwater protection program is being addressed, and there is not a declared emergency. She does not feel a sanitary district should be forced on citizens. The on-site program needs to be given back to the DEQ as well as the responsibility for groundwater protection. Chair Baney said that the Board is remaining neutral, as the master plan or land use action may have to come before the Board at some point. They have to remain objective, but are tracking what is happening in Salem. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 1 of 11 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 2 of 11 Pages Ed Criss of La Pine said he is not speaking as a member of the Planning Commission, but as a citizen. He believes the on-site program should be given back to the DEQ. He feels there are inconsistencies on how the program is being handled, with different information coming from the DEQ and the County. Mr. Criss added that he thinks HB 3347 bypasses all State and County land use laws. He believes care needs to be taken to avoid platting out any more small lots. South County has been over-platted for years. Adding another 1,000 or more properties is not good for the carrying capacity for the region at this time, for a variety of reasons, including transportation, groundwater and other concerns. On the County website, he noted that it says that two Commissioners are supportive of the Bill. Dave Kanner explained that the list on the website is a priority “watch” list, showing which legislation the Board is tracking, rated 1, 2, 3 or 4. “Support” or “Oppose” is shown to the right, but they are neutral on this one. Chair Baney said that the Bill is not in its final form at this point, so it is hard to know what may be included in the final version. 2. Before the Board was Consideration of Signature of Resolution No. 2011-023, Declaring Sole Source Procurement for the Central Oregon Regional Communications Migration Plan (Sheriff Radio System). Darryl Nakahira and Jon Sholes came before the Board and gave a brief overview of the item. Mr. Nakahira indicated that there have been no protests to this proposal. Mr. Kanner stated that the County has to bid out for almost every purchase, but the law allows them to vary from this process if the service or product is only available or suitable from one source. Mr. Nakahira added that the funds are coming from the State Department of Homeland Security, and benefit all cities and the three counties in the region. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2011-027, Authorizing Participation in the 2011-13 Oregon Community Dispute Resolution Grant Program. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 3 of 11 Pages Judith Ure provided a brief explanation of the program, which comes up for renewal every two years and is used for mediation services to the public. This time only Jefferson County and Deschutes County are taking part. Central Oregon Mediation appears to be the only eligible entity in the area at this point. Funding is subject to approval by the Legislature. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Board Signature of a Notice of Intent to Award Contract Letter for Construction of Tenant Improvements at the Deschutes County Jail. Susan Ross explained that five contractors were eligible, but only three submitted bids. The low bid was selected. This will improve the functionality of the jail since the bond measure for a jail expansion did not pass and some changes, especially in safety, need to occur. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Chair Signature of Document No. 2011-162, a Memorandum of Understanding regarding the Deschutes Basin Native Plant Seedbank. Dan Sherwin explained the item. Six or seven years ago he applied for Title II grant funds through the Forest Service and was able to start a native seedbank. Twenty agencies have signed on. It was so successful that they were able to obtain nonprofit status, and it has remained self-supporting since then. It is important to have native grasses available to work in conjunction with noxious weed control. It is a popular project, is expanding and doing well. There is a broad base of individuals on the board, including the Forest Service and other businesses. They are expanding the program and hope to go into the John Day Basin, as there is a lot of interest from that area. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 4 of 11 Pages DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 6. Before the Board was Consideration of First Reading by Title Only of Ordinance No. 2011-011, a Defensible Space Ordinance for Unprotected Lands in Deschutes County. Joe Stutler provided an overview of the item. He thanked the Board and various communities for their participation and support over the last seven years. It works because it is voluntary, but the Ordinance serves as a last-case option if a property owner refuses to comply. He has run across few property owners who do not want to participate, but as the public becomes more educated about the benefits, it has been easier to gain compliance. About 95% of the public feels it is important to have defensible space standards. Commissioner DeBone said that he, as a homeowner, understands the need for defensible space, and as a Commissioner he understands how others should be educated and participate in the program. DEBONE: Move first reading, by title only. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading at this time. 7. Before the Board was Consideration of Signature of Document No. 2011-153, the 2011 Exchange Agreement with ODOT regarding Surface Transportation Program Funding. George Kolb provided an explanation of the agreement. This is an annual agreement which involves federal funds that can be exchanged with ODOT to make it easier to work on various projects at the local level. The funds are typically dedicated to projects on the work schedule according to priority. DEBONE: Move approval. BANEY: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 5 of 11 Pages VOTE: DEBONE: Yes. BANEY: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2011-015, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. Heather Richards of Redmond Community Development and George Endicott, Mayor of the City of Redmond explained the item. It is part of a twenty-year plan that will increase the tax rolls and create up to 5,000 jobs. Urban renewal is a tool for municipalities to develop areas that are considered blighted and are not producing what they should be. About 1/3 of the area is vacant and much of the rest is underused or substandard. The boundary will be increased by about 102 acres, and allows for eighteen projects to go forward, including improving the Evergreen Elementary School site. George Endicott stated that they have been working on this process for some time and similar projects in the past have had a positive impact. Chair Baney said the City has used previous funds for this kind of purpose very well, which resulted in a productive industrial park. Commissioner DeBone asked if any of the taxing districts object. Ms. Richards said that her intent is to get 100% support. At this point there have been no objections. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 9. Before the Board was Consideration of Signature of Resolution No. 2011-022, Requesting the Oregon Fish & Wildlife Commission to Designate Land in Deschutes County Zoned Forest Use as Eligible for Wildlife Habitat Special Assessment. Laurie Craghead stated that Mr. Kanner developed this Resolution. Mr. Kanner said that a property owner had asked why he could not participate in this program, which is administered by the Oregon Department of Fish & Wildlife. The Board met with the ODF&W and held a hearing to get community input. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 6 of 11 Pages Mr. Kanner then briefly explained the requirements and benefits of participation. This adds forest zoned properties to the EFU properties already eligible to participate, but the ODF&W decides what properties can take part. Ms. Craghead added that some time ago the ODF&W notified the Assessor that a property was to be removed, and the County had no option but to do what they are instructed to do by the State. A suit was filed, and as a result the County had to add the property back to the list. The taxing districts will be liable for any associated costs. However, the County has no jurisdiction on how this should happen and no way to prevent it from happening in the future, since the program is under the sole jurisdiction of the ODF&W. Chair Baney asked about reexamining the issue in a year or two. Ms. Craghead said that there is no right to opt out unless economic hardship can be proven, so this does not have to be a part of the Resolution. Mr. Kanner said that if the Board wants this included, the Board needs to provide exact language in the Resolution. Ms. Craghead will draft proposed language for the Board to review. This will discussed further at the Board work session at 1:30 today. 10. Before the Board was Consideration of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-010, Repealing Ordinance No. 2008-019. Todd Cleveland provided a brief overview of the item, which is connected to the next agenda item (#11) as well. Ms. Craghead said that one version of the Ordinance has a ‘whereas’ clause that does not belong. If adopted without an emergency clause, the language will have to be corrected before signature. Ms. Craghead said a non-emergency approval would take over 90 days to be effective. There is litigation related to this Ordinance, so a continuation of the lawsuit would be required. An emergency vote requires a unanimous vote of the Commissioners present. Mr. Cleveland said that coordination with the DEQ still needs to take place as well. DEBONE: Move first and second readings by title only of Ordinance No. 2011- 010. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 7 of 11 Pages Chair Baney then conducted the first and second readings by title only of Ordinance No. 2011-010, declaring an emergency. DEBONE: Move adoption of Ordinance No. 2011-010. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 11. Before the Board was Consideration of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-012, Repealing Ordinance No. 2009-022. DEBONE: Move first and second readings by title only of Ordinance No. 2011- 012. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Chair Baney then conducted the first and second readings by title only of Ordinance No. 2011-010, declaring an emergency. DEBONE: Move adoption of Ordinance No. 2011-012. BANEY: Second. VOTE: DEBONE: Yes BANEY: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. DEBONE: Move approval, with the exception of the minutes (to be considered at the afternoon work session). BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 12. Signature of Order No. 2011-005, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Its Sale Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 8 of 11 Pages 13. Signature of Document No. 2011-145, a Release of Use Restriction/Reversionary Interest and Quitclaim Deed 14. Signature of Document No. 2011-113, a Lease Extension for Office Space for the Latino Community Association 15. Signature of Resolution No. 2011-019, Appropriating a New Grant in the Behavioral Health Fund 16. Signature of Resolution No. 2011-020, Transferring Appropriations in the Sheriff’s Office Fund 17. Signature of Resolution No. 2011-024, Transferring Appropriations in the Solid Waste Fund 18. Signature of Resolution No. 2011-025, Transferring Appropriations in the Solid Waste Capital Projects Fund 19. Signature of Resolution No. 2011-026, Transferring Appropriations in the Behavioral Health Fund 20. Approval of Economic Development Grant Requests: ƒ Neighbor Impact – Veterans support services grant application for consultant services. The Commissioners granted $200 each. ƒ Oregon High School Equestrian Teams, Inc. – State championships. The Commissioners granted $500 each. ƒ Serendipity West Foundation – Challenge Day at Mountain View High School. The Commissioners granted $500 each. ƒ Nativity Lutheran Church – Backpacks in Bend. Commissioner DeBone granted $1,000; Commissioners Baney and Unger granted $500 each. ƒ Deschutes County Children & Families Commission – Week of the Young Child 2011. Commissioner Baney granted $500; Commissioners Unger and DeBone granted $1,000 each. ƒ Tri-County High School Rodeo Club – Tri-County High School Rodeo. Commissioners DeBone and Unger granted $500 each. ƒ Deschutes Public Library Foundation – A Novel Idea: Read Together. Commissioners DeBone and Baney granted $500 each. ƒ Volunteer Connect – Volunteer Connect Outreach. The Commissioners granted $500 each. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 9 of 11 Pages 21. Approval of Minutes: ƒ Work Session of February 2 ,16 and 23; March 2 & 9 ƒ Business Meeting of February 23; March 9 CONVENED AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 22. Before the Board was Consideration of Signature of Resolution No. 2011-017, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Signature of Resolution No. 2011-016, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks), in the Amount of $28,454.85. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, March 23, 2011 Page 10 of 11 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Signature of Resolution No. 2011-018, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 26. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks), in the Amount of $2,944.40. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 27. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks), in the Amount of $1,439,417.57. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 28. ADDITIONS TO THE AGENDA None were offered.