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HomeMy WebLinkAbout2010-04-14 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, APRIL 14, 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; Tom Blust, Road Department; Marty Wynne, Finance; Nick Lelack, Community Development; Scott Johnson, Health Services; Timm Schimke, Solid Waste Department; Mark Pilliod, County Counsel; Rick Silbaugh, 911; Judith Ure, Administration; and approximately twenty other citizens, including representatives of the media. Chair Luke opened the meeting at 10:00 a.m. 1. CITIZEN INPUT Citizen Tony Aceti asked about a recent article in the Bulletin regarding Code enforcement. He feels that with the revision of the Comprehensive Plan, the Board needs to know that people are trying to diversify. The economy has changed from farming and forest uses to other things, and EFU lands are primarily being held to satisfy people who don’t want to see development. There needs to be some flexibility and changes in the law to allow people to be creative with their land. The Board needs to recognize that things have changed, and perhaps expanding Code enforcement is not the best thing to address these changes and property rights. Commissioner Unger stated that the current problem is with a person who has flagrant disregard of the law. The other issue is having to help neighbors get along. Commissioner Luke noted that the vast majority of people do voluntary compliance. Once in a while someone won’t stop what they are doing and the situation has to be properly addressed. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 1 of 12 Pages Commissioner Baney said that she appreciates Mr. Aceti’s input into the comprehensive plan update. The current problem is that a contractor built a home without permits, and he is someone who should have known better. Mr. Aceti added that he would like to see consideration given to those who want to be able to do more with their property. 2. Before the Board was Consideration of Chair Signature of Document No. 2010-248, a Grant Agreement with the State of Oregon regarding Special Transportation Operating Funds. Judith Ure said that this document addresses additional funding of about $381,000 to support special transportation needs. Half of the funding would go into the current year’s budget. Things change so quickly that the Transportation Advisory Committee will make decisions on an annual rather than biennial basis. BANEY: Move Chair signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2010-027, Establishing a Retirement Incentive for Department of Solid Waste Employees. Timm Schimke noted that his department has experienced a consistent reduction in revenue due to less solid waste being brought in. A rate increase helped, but the budget being submitted for fiscal year 2010-11 suggests the closure of the Redmond and Bend facilities on Sundays. This would result in the loss of four positions. Two remain unfilled at this time, but two others would be lost. Dave Kanner said that the criteria used are for the budget to allow for the cost, and for individuals who are eligible to take retirement, which would prevent a layoff. Sometimes the people who choose to retire are at a higher pay level than some of the others. The County would not have to pay unemployment coverage in this case. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 2 of 12 Pages Early retirement can work well if someone is within a year or so of retirement. Otherwise, the person could be saddling himself or herself with a lifetime of lower PERS payments. Commissioner Baney said that the departments depending on user fees are hit the hardest during an economic downturn, and everything possible to lighten the load due to the economy should be done. Mr. Kanner stated that if someone is laid off who is retirement eligible or will be eligible within 18 months, that person would be eligible for medical coverage. The Federal government has been offering some generous subsidies for COBRA benefits. This would be offered only to those people who have been laid off since October 2008 and who fit that scenario. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Chair Signature of Document No. 2010-246, the Biennial Implementation Plan for Mental Health Treatment, and Alcohol, Drug and Gambling Prevention Services. Scott Johnson gave a brief overview of the item, which is part of long-term planning for services. It is entirely in line with the strategic plan and those of the Health Department, the Commission on Children & Families and Juvenile Community Justice. The Local Public Safety Coordinating Council has had a chance tor review the document and supports it, as has the Mental Health Advisory Committee. BANEY: Move Chair signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 3 of 12 Pages 5. Before the Board was Consideration of Approval of County Administrator’s Signature of Document No. 2010-237, a Memorandum of Understanding with the 911 County Service District regarding County Internal Services. Dave Kanner explained that this concerns internal support services to 911 and the payment of relevant internal service fees. Commissioner Baney asked that if County Counsel is representing 911 and an appeal comes to the Board, how Counsel would represent both. Mr. Kanner replied that he believes Counsel reports to the Governing Body, and any legal direction that the Board takes is guided by the Governing Body. The question is, what if the County’s interest is opposite of that of 911. Legal Counsel would probably have to recuse and hire outside counsel. Mark Pilliod explained that if he was representing the 911 Service District Board, and an appeal went to the Commissioners as the Governing Body of the District, the appeal would come from the executive board, and the Commissioners, as the Governing Body, would trump their authority. He does see this as a possible conflict within his office. He added that the Executive Board recently received services from outside counsel for an internal personnel matter. Mr. Kanner said that the services through the MOU allows them to use County Counsel at an hourly rate; they could also use outside Counsel if desired. They do not always use Counsel when they should. Bruce Bischoff, an attorney who handles many labor contracts and negotiations, does important work, and a specialty attorney should be consulted when appropriate. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 6. 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. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 4 of 12 Pages Chair Luke opened the public hearing, which had been continued from the Board’s March 3, 2010 meeting. Erik Kropp said that there has been a recommendation to move the road improvement project up to 2013 on the Forest Highway Work Plan, to coincide with the water line project being done by the City of Bend. Tom Blust explained that the 2013 timeline is aggressive, because both projects involve a NEPA process and other things related to environmental issues. Commissioner Baney asked if the NEPA process has been funded. Mr. Blust said the federal dollars are there, and he does not see funding on the Forest Highway side as being an issue, but tying the two projects together will be challenging. Whit Bazemore testified that he met with Mr. Lewis and others previously, and talked about sweeping and cleaning Johnson Market Road of glass and other debris. This was done right away. He then read a letter that his wife wrote to the Bulletin last year, having to do with a motorist who threatened her and other cyclists on the road. He stated that this situation is being handled the wrong way. The residents and others using local roads do not typically threaten cyclists, but it has happened to him and others on Skyliners. He did a five-hour training ride to Culver and back, and did not get buzzed or threatened in any way. He has ridden Skyliners for thirty minuets and got buzzed, so he can only think it is intentional. He wants the Board to think about the image of the community and what it wants to be. Thousands of cyclists live and work here and thousands more visit. Limiting activity on the road has emboldened motorists there to make it even more dangerous. If they hit or kill a cyclist, there are consequences. This is an outdoor community. The people who live up there know this, and it is not right to reinforce their negative attitude. These people bought houses on the edge of the wilderness in a beautiful area knowing that others will visit it, and are asking the County to regulate some of the people who also want to experience that area. It is not right. As a citizen and cyclist, he would like to see a decision that holds motorists more accountable and educates them more. Cycling should be made safer for all. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 5 of 12 Pages Commissioner Unger said that he wants to see a safer situation, and he would like to hear about solutions to help with those motorists. The Board is not able to regulate speed, but there might be ways to handle this situation more effectively. Mr. Bazemore added that instead of a sign for cyclists to ride single-file, perhaps maybe they could give cyclists three feet. That is the law. Motorists can pass over the yellow line to pass if it can be done safely. Commissioner Luke said that not all the motorists there live in the area. Any change would likely be temporary until the road can be improved. The long- term solution is to have enough room for everyone and reduce the danger. Mr. Bazemore stated that if signage says to ride single file, that will send the message to drivers that this is the law everywhere when it is not. Riding two abreast is allowed by State law. He then asked about the gravel recently put down on Sisemore Road, making it impossible to ride a bike on it. He asked if Sisemore could be hard-packed dirt instead of gravel. Mr. Blust replied that it is a matter of use over time. The gravel will pack down eventually. He realizes that gravel roads are not very bike-friendly when first improved. Commissioner Baney said that the Board may be able to determine different procedures for various locations, such as Sisemore Road, relating to the Scenic Bikeway designation. This is a huge component in being able to link Sisters to Bend for this type of use. Jeff Evans testified that he was an elite cyclist who put over 100,000 miles on his road bikes. He is a proponent of following the rules of the road. Those who cycle a lot are more aware than those who don’t do it often. He said that cyclists have every right and responsibility to be treated courteously and be courteous on the roads. They do not have the same choices as those in a vehicle. When he was struck by a vehicle, he had taken all the precautions he could, but someone was not paying attention. That day changed his life forever, including physically. His employment changed, and a lot more. There was a great deal of damage done to him, even though he followed the rules and was careful. There is a responsibility to address those issues in advance and educate people. His accident was in June 2008, and some things said at the time about it were not true. He was following the law and being careful. There are no Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 6 of 12 Pages consequences for motorists who are blatantly disrespectful. He has been spit on, and hit by a plastic bottle and a bat. Education and an awareness of consequences for bad behavior on the road are important. He tries to be courteous to drivers and give them the right of way. There are huge consequences in sending the wrong signal to the public. His life has changed, and he does not ride on Skyliners anymore as he is afraid of it. Other elite athletes who bring a lot of business to the community still ride there. This should be handled in a positive way and care be taken to not send the wrong signal. A majority of cyclists follow the rules but still can have life- altering problems with motorists. The driver who hit him suffered no consequences. There was no change in regulations or any impact on driver responsibilities resulting from this accident. Cyclists have the same rights as motorists. He had to hire an attorney to protect himself. He used all of his savings for medical costs and is now in bankruptcy, as he cannot get back into the same line of work. Commissioner Luke said that the Board does not feel it is always the cyclists’ fault. There are a lot of good drivers out there. They all need to share the road. This was presented to the Board as a road that needs a lot of work. They want to make it as safe as possible until the road can be improved. People need to respect each other, and it is hard to regulate that. Commissioner Unger wants the issue to remain in front of them so it can get the proper attention. The Ordinance was an attempt to try to create better safety conditions there. They are trying to figure out a solution and how to handle the problem with angry people who do not think things through. Commissioner Baney said that the language is based on regulating bicycle travel, and perhaps this is not the proper verbiage. She thanked Mr. Evans for sharing his story. This road is unique. They do not want to be punitive to cyclists but educational for motorists and cyclists alike. Mr. Evans said that he has not thought that through, but he is a motorist as well, and there should be a way to alert motorists that the road can be hazardous and that there are cyclists on the road. Other places have signs if a road is a dangerous corridor, and they are responsible for their actions. People drive too fast on Skyliners already, even if there are no cyclists, and there can be other hazards such as animals, fallen trees and other vehicles that someone might not see in time. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 7 of 12 Pages Commissioner Luke asked what could be done to adjust the speed on the road. Mr. Blust replied there is a Speed Board, and they would do a study of the typical speed of vehicles. Usually it is set at what most people usually drive. It is hard to get speed adjustments, as most follows the basic rule. Commissioner Baney asked if a study could be done, taking into account the condition of the road. Mr. Blust said that he has not spoken with anyone in Salem about it, but could ask them to consider a lower speed limit for a while until the road is repaired. Commissioner Unger stated that he talked with the Director already, and the State is ignoring other factors with this and other roads. The Commissioners asked Mr. Blust to find out more about possibly adjusting the speed on this road. Sami Fournier testified that she is involved with safety training for cyclists, and appreciates the Board addressing the speed issue. She realizes that even with a bike lane, the most common accident is one at a turn or an intersection. In Mr. Evans’ case, it was a car entering the road. There are those who will volunteer time to help with education. She feels the Ordinance is not sufficient and is unfair. An emergency does exist, however. There are five blind curves on the road, and 45 MPH should be the maximum on those curves. There are deer, skaters who are training for skiing, and other potential hazards. People need to be able to report drivers who do not follow the law. About 20% of visitors to the area travel that road and need to be made aware of conditions. She appreciates the attention the Board is giving this. Commissioner Luke said that this is a problem in other areas and a lot of the offenders are locals. Commissioner Unger would like to see more accountability for everyone who uses the road. Ms. Fournier said that alternatives to using vehicles need to be encouraged, but the enforcement piece on that road is missing. The speed issue has not been properly addressed. Mr. Kropp said that there is a work session this afternoon at 1:30 p.m. that includes a discussion with the Bicycle Pedestrian Advisory Committee. Chair Luke continued the hearing to that meeting. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 8 of 12 Pages Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items. 7. Signature of Order No. 2010-026, Declaring Certain Personal Property Surplus and Authorizing its Sale through Online Auction 8. Signature of Order No. 2010-025, Appointing Gregory P. Colvin as Justice of the Peace Pro-Tem, through May 15, 2011 9. Signature of a Letter Appointing John Powell to the Deschutes County Planning Commission, through June 30, 2013 10. Approval of Minutes: ƒ Business Meeting: April 5 & 7 ƒ Work Sessions: April 5 & 7 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Signature of Document No. 2010- 239, a Contract for 911 Dispatch Console Replacement and Furniture for the New 911 Facility. Rick Silbaugh gave a brief overview of the construction of the new facility, which doubled capacity and will allow 911 to provide services for a long time. The new consoles will help a lot with training new personnel without impacting services. The bids came in quite a bit lower than anticipated as well. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 9 of 12 Pages 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District, in the Amount of $9,222.68. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 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 $4,056.29. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,135,398.86. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 10 of 12 Pages 15. ADDITIONS TO THE AGENDA Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2010-027, Approving the Issuance of Recovery Zone Facility Obligations for the Mental Health Division Residential Treatment Facility. Marty Wynne gave a brief explanation of the item. A special hearing is required for this kind of bonding situation. Chair Luke opened the hearing. Being no testimony offered, he closed the hearing. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. ___________________________________ Commissioner Unger said he has been asked if the County would be supportive of a large solar energy generating facility in the area. The Commissioners said that they do support alternative energy in general, but cannot be specific regarding potential parcels or land use actions. ___________________________________ Commissioner Luke asked about improvements to Century Drive. Mr. Blust stated that ODOT has been trying to get funding to have it repaved, through the Forest Highway program or through stimulus funding. ODOT has the project ready to go to bid as an overlay project once funding is identified. Bob Bryant of ODOT has asked about partnerships to get this done, and at the very least wants support letters. Mr. Blust stated that the road is in need of a lot of repair. Being no further items addressed, the meeting adjourned at 11:40 a.m. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 14, 2010 Page 11 of 12 Pages