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HomeMy WebLinkAbout2010-03-03 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 3, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Sarah Johnson, Commission on Children & Families; Susan Ross, Property & Facilities; Tom Blust and George Kolb, Road Department; Peter Russell, Community Development Department; approximately twenty-five other citizens, including representatives of the media. Chair Luke 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 Approval of the Commission on Children & Families Application for a Grant for a Safe Havens Supervised Visitation Program and Authorization of Chair Signature of Documents. Sarah Johnson gave a brief overview of the item. UNGER: Move approval. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 1 of 14 Pages 3. Before the Board was Consideration of Signature of Document No. 2010- 163, a Lease Agreement with Telecare Mental Health Services regarding the Deschutes Recovery Center. Susan Ross explained that this is an agreement regarding the operation of the Deschutes Recovery Center, with a ten year initial lease and two five-year options that can be negotiated. Chair Luke asked what the anticipated debt schedule is, since the revenue is $135,000. Dave Kanner said that the debt is in the range of $120,000, but low bond rates may mean this amount will be less. Chair Luke asked if an additional $15,000 per year for future years is enough to take care of maintenance and replacement. Ms. Ross stated that a part of each payment goes towards this fund, and there is a 2% increase in the payment annually. Commissioner Unger asked if reserves are set aside for each building. Mr. Kanner said that indirect service charges to departments would have to be adjusted to establish a capital reserve fund for each building separately, but there is a fund in place for the downtown campus and other locations for this purpose. It is a challenge to establish a set way to handle this issue. Chair Luke said that if a tenant is the sole occupant, a way needs to be found to cover future expenses. Commissioner Baney asked if this might be discussed at a future work session. Mr. Kanner said the general projects funds is used for this purpose, and continues to grow. Chair Luke asked about an incident that occurred years ago in the Juvenile Justice building, which was leased to a provider. He asked if the County is named on the insurance policy as additional insured; and whether $1 million is enough coverage. Mr. Kanner stated that there would be no County liability for anything but the building. Erik Kropp added that there is a tort claim limit that gives additional protection. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 2 of 14 Pages 4. Before the Board was a Public Hearing on Resolution No. 2010-009, Creating a New $100 Skyliners Road Event Fee and Limiting the Events Permitted for Skyliners Road. Chair Luke opened the public hearing. Erik Kropp then gave a staff report with the details of the Resolution. Commissioner Unger asked if the limitations noted make it harder to coordinate events and manage what occurs in the future. He heard that there is another big race coming to Central Oregon, and he does not necessarily want to limit this to exclude new events. Mr. Kropp said that they would have to come before the Board to add events. Commissioner Baney stated that “Visit Bend” is attempting to get in new events and has indicated that they don’t feel this will be a big hindrance. However, they are not listed and it is an extra step. Mr. Kropp stated that Fresh Air Sports has historically needed six nights, and the two day limit would impact that event and not others, which seems unfair to them. They would like four event days at least. Commissioner Unger said that it is a short timeframe, about an hour or so, but it is problematic because of the time of day. He hopes there is some flexibility in this regard. Mr. Kropp said he talked with Gina Miller of Fresh Air Sports, who suggested they start at the top for time trials, and work their way down. He sent this to residents who still feel they don’t want the traffic on the road. Commissioner Baney noted that the road does need to be reconstructed, and everything that can be done is being done to try to fast-track this project. Commissioner Unger added that they are dealing with events that can be controlled. The recreational cyclist can go there anytime they want, and that is the challenge. These cyclists are a challenge. Chair Luke said that the first Ordinance has to do with the event fee and limiting events only. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 3 of 14 Pages Whit Bazemore, cyclist, pointed out that the professional events bring a huge amount of money into the area. The Fresh Air Sports events are provided as a public service. There are thousands of athletes, Olympians and amateur athletes living in Central Oregon, and they need a place to train and compete. That is what Fresh Air Sports does. Gina Miller is not getting rich running time trials, but this does affect how people can recreate. All kinds of people train on the road. It is important to note that the responsibility for road safety falls to the motorist. The problems of the road have even overstated by a small minority of people who live in the area. The road needs to be rebuilt, but is not as bad as some people have indicated. It is not illegal to ride two across. There are a lot of areas where there are no bike lanes at all, and motorists and cyclists manage to coexist. Commissioner Baney asked if other roads have been reviewed to see if they might work. He replied that he has not done so. There are other roads that might potentially work, but he is not an organizer. China Hat Road could be good. Sisemore Road would be great if it was ever paved to Sisters. Chair Luke said that this needs to be more of a general policy and not just this road. Alternatives are being reviewed, but none are ideal. Sometimes adjustments need to be made. Commissioner Unger stated that the road is in bad shape and a fee to mitigate problems will help. Once it is reconstructed, the Ordinance could go away. Mr. Bazemore said that he is primarily concerned about the limitation on events. It is a public service to the people who live here and recreate. Peter Werner, a cyclist, said that the $100 fee is not unreasonable if it goes towards the education of cyclists or motorists. Skyliners as a venue is uniquely qualified due to its location and access, and is important economically to the area. Mr. Kanner said that the schools as a staging area is important to the organizers. He referred to an aerial photo of Tetherow, and stated that there is a loop of five or six miles of new roadway in that development, which offers the same proximity to the schools. He asked if this route would work. Mr. Warner said he has not ridden on the roads so does not know. Chair Luke stated that most of the roads are private and permission would be needed to use them. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 4 of 14 Pages Commissioner Unger asked if the schools open themselves up to anything but parking and lawn area. Mr. Warner replied that is where the racers congregate and prepare. Mr. Kropp said the main focus is paved parking. Dick Ridenour lives on Skyliners, and said that he has not changed his opinion from previous testimony. He thanked the Commissioners for their consideration of this issue, and George Kolb of the Road Department who has provided some valuable input, along with the Sheriff’s Office. Erik Kropp has worked hard to keep everyone advised and has met with residents to discuss this further. His interest here today is just to say thanks. John Short, a resident of Skyliners, said that they are all trying to figure out what to do with the situation until the road is rebuilt. He is concerned about allowing any events. He is not sure whether he will be allowed to drive up the road during events. If there are hundreds of cyclists, where does his vehicle come in? He asked if the road would be shut down. There is a lot of traffic – 1,200 vehicle trips a day. They can’t even cross the double yellow line legally to pass a cyclist. Less of the road is appropriate for passing. Mr. Kropp asked if vehicles would be allowed during events. Mr. Kropp replied that there will be flaggers and sometimes a partial road closure. If there is a parade type of event, the road could be truly closed. Commissioner Baney said that 1,200 trips is more than she thought. George Kolb said he thinks that number sounds high. Traffic counts were done at various points. There might have been 1,200 at the city limits, but as you go further up the road, it goes down to about 200. The count was done twice in May 2009. The count is higher by the schools, but just over 200 in the subdivision at the end. It may be higher certain times of the year, depending on tourist traffic. Capt. Tim Edwards said the double yellow line does not mean there is never an opportunity to pass. It just needs to be safe. You can’t pass a vehicle but you could pass a cyclist. The Sheriff’s Office tries to enforce the spirit of the law, not the letter of the law. Chair Luke asked if cyclists are allowed to use the road if there is a bike lane. Capt. Edwards said they should except if making a left turn. Chair Luke asked how they could stay in the lane if they are riding two across. He thought they have the same rights and responsibilities as a driver of a vehicle. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 5 of 14 Pages Bill Warburton, cyclists, helps out with many events. Skyliners Road is important to events because it avoids cross-traffic. This is ideal because there are few high-speed crossings. It is preferable to have cars on the roads with cyclists rather than cars pulling out onto the road. They have had time trials on Arnold Market and Johnson Market; there is an issue of having to have a lot of volunteers to mitigate cross-traffic. They are willing to take the bad road instead of cross-traffic. This is why cyclists want to use the road. By limiting the events to two days does not really help the residents. The events that are being grandfathered in anyway, so this doesn’t really help. The best thing is letting cyclists and drivers learn how to live together. In his opinion, limiting the events doesn’t really help. Some residents want them to go away altogether. Commissioner Baney asked about Dodds Road, near Oregon Youth Challenge. Whether it is now or when the road is rebuilt, another location will have to be examined at least in the short-term. Mr. Warburton replied that he does not know about Dodds Road, but they have mentioned China Hat; however, it has bad pavement and blind corners. Perhaps locations in Tumalo might work. He agrees that it will be a problem for a while. Chair Luke said that there is only one way in and out for Skyliners. If the road is closed, residents can’t get in or out from home. Mr. Kropp said that they are looking at Dodds Road. There are about 62 dwellings and some of the road does not have shoulders. They are also talking with Seventh Mountain Resort and the Forest Service, but a big challenge is cross traffic. Chair Luke said that there is a good road out by Horse Ridge that might be considered. Mr. Warburton said that the events try to promote people being able to ride to the event and then ride around town. Mr. Kanner asked about Tetherow. Mr. Weberton said that some of the roads there have sink holes. They used the roads for a junior race and he had to repair some sink holes for that, and more are opening up. A closed event was held there for junior nationals, and the residents were not pleased. They would still have to do the same kind of education process there. Mr. Kanner asked about specific roads in the development. Mr. Weberton said he believes the loop is only about three miles. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 6 of 14 Pages Commissioner Baney stated that she did not realize the Bicycle and Pedestrian Advisory Committee has not taken a look at this issue. She would like to utilize their expertise. She wanted to know if any events are being held up by a delay. Mr. Kropp said that some want to submit their applications for this summer’s events. Commissioner Unger stated that he feels the Committee should be involved, but maybe not on this Resolution. Peter Russell of the Committee said that Sami Fournier (who was present) is also on the Committee, and the Committee meets later today. Commissioner Baney said that perhaps this can be an agenda item for them. Sami Fournier said that they would look at Skyliners as a road for citizens to use and not as an event venue. They do have a role at the events because they help the bicycle community overall. The BPAC probably does not have a role in what to charge for events. Mr. Russell said that the County has shared shoulder areas and not bike lanes. Bike lanes are an urban improvement. Commissioner Baney said that the recreational riding and the other enhanced uses of that area are the issue. The residents do not overwhelmingly seem concerned with events as much as the recreational rider. The County needs to balance these needs. Although local events support the locals, it is causing additional use of the road. Those people who live in a location should have first use. Commissioner Unger supports the fee and limiting events because of the construction issues. He suggested four days instead of two. This reflects the bigger issue in the area, which is how residents of the area adjust to recreational events, whether it is cycling or other uses. It is difficult to find a balance. Commissioner Baney disclosed that she is CO-Chair of Wyden’s Recreational Committee. Chair Luke said there is no solution for the road that will make everyone happy. It is a compromise. No further testimony was offered on this Resolution, and the hearing and record were closed. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 7 of 14 Pages BANEY: Move approval of Resolution No. 2010-009. UNGER: Yes. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 5. Before the Board was a Public Hearing and Consideration of First and Second Readings, and Adoption by Emergency, of Ordinance No. 2010- 013, Amending County Code to Regulate Bicycle Travel on Skyliners Road. Mr. Kropp came before the Board again, and explained the Ordinance. The purpose is to promote safety along Skyliners Road, as cycling two across may not be suitable there. Chair Luke said there is no expiration date, but the discussion has been that it would remain in place until such time as the road is improved. Mr. Kropp said that a violation would be a Class D infraction, $99 plus fees that bring it to $142. Capt. Gary Decker referred to the ORS, which appears to give the County the authority to impose a Class E violation. Mark Pilliod, County Counsel, indicated that a suggestion is a Class D traffic violation. Mr. Kanner said that a Class D violation can be imposed by the County. Tom Blust said the milepost markers are used for identification, and signage would be placed where the Ordinance takes effect. George Kolb stated that the signs would be placed after Phil’s Trail, since there are paved bikeways to that point. Chair Luke opened the public hearing. Peter Werner said he just rode the road yesterday. He pointed out that signage is not only just for cyclists but for motorists as well. The ORS allows vehicles to pass cyclists, and also allows bicyclists on the road. Before passing an Ordinance that appears to infringe upon the rights of one group, perhaps an educational campaign should be undertaken instead of putting in an Ordinance that restricts a certain population Cyclists do not have to signal because that means they have to take a hand off the wheel, so how is a Deputy to know their intent? Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 8 of 14 Pages Also, riding across makes the cyclists more visible. This Ordinance tries to put cyclists on the same plane as motor vehicles, and it is not balanced. The Board should not restrict the movement of a class of citizens. Chair Luke asked is the cellular phone law applies to bicyclists. Mr. Warner said he did not know. Sami Fournier said that she sympathizes with residents, as she is a driver as well. She imagines this situation is frustrating to them. As a member of BPAC, she would like to see the Board use the Committee’s expertise so they can evaluate the magnitude of the problem, and meet with residents and others to work on this. This should be more than just attacking it with an Ordinance. There needs to be more reaching out to the public. The ORS requires a motorist passing a bicycle to allow enough room for the cyclist to fall over. With this in mind, it would be difficult for someone to pass anyone on that road, no matter where they are riding. Cyclists cannot impede traffic, regardless if they are riding two across. The vulnerable road user law applies as well. Once a motorist is forced legally into the ongoing traffic lane, it is as a motorist more burdensome to pass a string of single-file riders. This would create more difficulty. Commissioner Unger said that the motive is to create a safer situation. Putting an Ordinance into effect that is short-term is counter-productive. What he is hearing is that there is a lot they can work with today without doing this. Commissioner Baney asked if the single-file activity would create an environment where the cyclists would not want to use the road and limit the use. Ms. Fournier said that cyclists want to be courteous as a rule, and she does not know anything about this possibly affecting the numbers. She added that if it is thought to be safer, perhaps even more cyclists would then use it. Commissioner Baney said that she feels that limiting events will not make a big difference in the day to day use of the road. Ms. Said that there are a lot of good roads to ride, but all are narrow with their own hazards. She asked if there are places where the BPAC feels it might be safer. Chair Luke said the Area Commission on Transportation is looking at improvements. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 9 of 14 Pages Commissioner Unger said that he would like to rethink the Ordinance and work with the BPAC and others for a solid solution that will help educate and provide for safety. Commissioner Unger had to leave the meeting at this time. Ms. Fournier asked if the record could stay open until after the April BPAC meeting. Bill Warburton, cyclists and organizer, said he is also a coach and runs a junior cycling program. It is crucial for them to ride two abreast. They also know when to ride single file. Putting a sign up does a couple of things. It tells motorists that this is required all the time in all places. He is concerned that this would spill into other locations. Motorists sometimes try to educate cyclists themselves, making things very hazardous. Motorists don’t always want to share the road even though bicyclists have the same rights and responsibilities. He does not think this Ordinance is well-thought out and could be detrimental. Commissioner Baney asked what he feels is the answer. Mr. Warburton said limiting the recreational use needs to be discussed separately, if that is the goal. The single-file requirement is seen as a way to undermine recreational cycling. Whit Bazemore, cyclist and motorist, said that there are rude cyclists and rude motorists. When cyclists ride three or four abreast, it can be very frustrating. The issue comes down to educating motorists more than cyclists. The road is not that dangerous. They ride McKenzie Pass all the time, which is much more dangerous. Vehicles cannot pass in the same lane safely. There needs to be clearance. This is the law, which is not understood by motorists. Personally, some people live in that area who do not like cyclists. Chair Luke said not to get into personal comments. Mr. Bazemore said that passing the Ordinance would give motorists more a feeling of owning the road when they are supposed to share it. This would be a big step backwards for people who live here and for the idea of this area as a recreational destination. Within the cycling world, this could have a negative impact. They bring millions of dollars to the area each year. To have the County come down on thousands of cyclists and visitors because of a 150 vocal residents is not right. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 10 of 14 Pages Chair Luke said that the County has to look at the overall safety of residents, cyclists and others who use the road. The road is not that safe and they want to reach a compromise for the benefit of everyone. Mr. Bazemore said that he appreciates that the motive is safety, but feels that the Ordinance would not help make it safer. Ms. Fournier stated that the BPCA meets the first Thursday of each month, and can put it on their agenda for April. Commissioner Baney noted that the comments of individual members of BPAC are not speaking for the Committee as a whole. Commissioner Baney said that the work has focused on the transportation component and it was an oversight that BPAC was not involved. Ms. Howard, cyclist and Chair of BPAC, said that they are working towards better communication. BPAC members learned about the Ordinance yesterday and have heard support from all but two members at this point. They hope that the BOCC will hold off on approving the Ordinance until they have a chance to discuss it. Mr. Kanner said that he could not find anything in the law that requires cyclists to ride single file. Bill Warburton observed that he has been told that a bike lane is designated by a wider stripe. Peter Werner said that this is correct. An 8-inch wide strip is needed. A fog strip is 4 inches. They are required to use a bike lane when there is one. They have to ride as far to the right as possible if it is safe and practical. Chair Luke asked that this be clarified by staff or the Sheriff’s Office. The hearing was continued until the regular Board business meeting on April 14, 2010. The record remained open. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Baney asked if the minutes could be approved at today’s work session in order to give her a chance to review them. BANEY: Move approval of the Consent Agenda with that exception. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 11 of 14 Pages Consent Agenda Items 6. Signature of Order No. 2010-021, Declaring Certain County Personal Property Surplus and Authorizing its Sale 7. Signature of Order No. 2010-019, regarding the Sale of Certain Real Property Acquired by the County 8. Signature of Document No. 2010-165, an Amendment to an Option Agreement regarding Property in the La Pine Industrial Center 9. Signature of Document No. 2010-164, a Bargain and Sale Deed to the City of Bend regarding a Right of Way for Powers Road 10. Signature of Order No. 2010-016, Changing the Name of a Portion of Morning Glory Drive to Boxwood Lane 11. Signature of Order No. 2010-017, Assigning the Name of Morning Glory Drive to an Unnamed Access Road 12. Signature of Order No. 2010-018, Changing the Name of Baumbusch Lane to Alpine Trail 13. Signature of a Letter Accepting the Resignation of Susan Quatre from the Deschutes County Planning Commission, and Thanking her for her Service 14. Approval of Minutes: (to be approved later in the day) ƒ Business Meeting: February 8 and 24 ƒ Work Session: February 8 and 24 ƒ BOCC/Department Heads Meeting of February 22 ƒ Hearing: February 8 (Skyliners Road Events) ƒ Hearing: February 22 (19th Street/Transportation System Plan) CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $2,233.65. BANEY: Move approval, subject to review. LUKE: Second. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 12 of 14 Pages VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4- H COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $22,612.18. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $596,566.96. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 18. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of the Reading of a Proclamation, Declaring March as American Red Cross Month in Deschutes County – Matt Dynice, Chair, Mountain River Chapter of the American Red Cross Mike Mosley, Donor Services Manager; Matt Dynice, Chair of the Mountain River Chapter; and Jennifer Shaw, Donor Scheduling Supervisor, came before the Board. They said that March is historically Red Cross Month throughout the country. Minutes of Board of Commissioners’ Business Meeting Monday, March 3, 2010 Page 13 of 14 Pages