HomeMy WebLinkAbout2010-06-09 Business Meeting MinutesDeschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
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MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 9, 2010
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Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
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Present were Commissioners Alan Unger and Tammy Baney; Commissioner
Dennis R. Luke was out of the office. Also present were Dave Kanner, County
Administrator; Erik Kropp, Deputy County Administrator; Nick Lelack, George
Read and Peter Gutowsky, Community Development; Laurie Craghead, County
Counsel; Tom Blust and George Kolb, Road Department; David Inbody, Assistant
to the Administrator; media representatives from the Bulletin and KTVZ TV; and
approximately twenty other citizens.
Vice Chair Unger opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Julie Lyche, Director of the Family Access Network and many members of that
group gave an update on the activities of the organization. (See attached flyer.)
She said that many of the clients are new, as the need has increased greatly as a
result of the poor economy. These new clients in particular require a lot more
one-on-one care to navigate the system.
Kristi Miller of the Family Access Network Foundation started in 2006, and
now has ten active board members. The Foundation provides funding for 21
sites, and also has provided funding for years. An endowment has been started
and they hope to be able to fund one FAN site each year.
Commissioner Baney said that they are changing lives and the work they do is
amazing. There is a lot of value and merit to what the group does.
Commissioner Unger stated that he feels FAN and the school officers help the
teachers do what they need to do, which is teach. Children need to have a good
start in life, or half the battle is lost. It is a partnership, and works because of
that.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 1 of 9 Pages
2. Before the Board was Consideration of Signature of Resolution No. 2010-
072, Awarding Community Grants to 27 Non-profit Agencies.
David Inbody gave an overview of the grant program, which is in its third year.
These are competitive grants to nonprofits. One change is that they added in
the crime prevention funding component.
Commissioner Baney stated that in reviewing the agencies, there are a lot of
agencies that do similar work. In looking at the list, there are a few that do
some of the same things. She asked if an umbrella nonprofit could be
established in these cases, or if this was addressed. Mr. Inbody said that they
concentrated on the geographic areas, and looked at the distribution component.
Project Connect, which incorporates other organizations, was given funds to
help put on an event. The other organizations do the core work. Some agencies
seek funding for very specific issues or do not cover some areas. There are
some similarities but they tried to eliminate duplication.
Commissioner Baney asked how they know whether the funds are being spent
on Deschutes County residents. Mr. Inbody replied that one criterion is using
the funds locally, and there is a report due twice a year.
Commissioner Unger explained that there are community partners, grant
allocation and discretionary grants. It all comes out of the lottery funds from
the State. Mr. Inbody said that the service partners have to do more all the time,
and their work fits the goals of the County.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2010-
360, the Deschutes County Health Services Local Public Health Authority
Comprehensive Annual Plan for 2010-11.
Dave Kanner said this is a fairly routine plan, required by the State.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 2 of 9 Pages
4. Before the Board was Consideration of Signature of Order No. 2010-031,
Setting a Temporary Speed Limit of 45 Miles Per Hour on Skyliners Road.
George Kolb gave an overview of the item. This order is a result of several
meetings with residents, cyclists, the Board and staff considering bicycles and
vehicles on Skyliners Road. A lot of the conversation was about the dangers of
the road and high speeds. Based on that, a limit was recommended until such
time as the road is improved.
Some of the residents are against the lower speed limit and feel that it does not
resolve the problems of the road.
Erik Kropp stated some residents feel that the road in front of the subdivision
should have a lower speed limit. In the areas in front of the subdivision, it
would be 25 MPH.
Commissioner Baney asked for Mr. Kolb’s opinion of the lower speed limit on
the rest of the road. He replied that it can be traveled at a higher rate of speed
than 45 MPH. There is an issue with cyclists not having a bike lane.
Commissioner Unger asked what people drive. Mr. Kolb said that Oregon has a
basic rule, reasonable and prudent. If someone travels faster than conditions
allow for safety, they could be ticketed. Most roads are designed for 55 MPH.
Commissioner Unger said that generally there does not seem to be enforcement
until someone is 10 MPH over the limit. He feels people will still travel it at 55
MPH.
Although this was not a public hearing, Dick Ridenour was allowed to testify.
He said that he is a resident of the subdivision. He was not sure of the 45 MPH.
The road is in bad shape but he feels the people are traveling it safely at a
higher speed. There are some very bad potholes that have been patched
previously. The road department has been in good in maintaining it.
During a recent cycling event, the bicyclists seemed uncertain on how to
proceed. Vehicle drivers were also not sure. He feels that perhaps the single
file for bicyclists would be instituted after all. He is leaning away from the
drop in speed limit.
Kelly Esterbrook stated her main concern is safety. She is not totally against
the speed limit, but feels that it is not the answer by itself. The bikes will still
be there She feels the single file for cyclists is an important piece.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 3 of 9 Pages
Commissioner Baney asked if education efforts as discussed previously have be
instituted. Mr. Kolb said the Bicycle-Pedestrian Committee feels that perhaps a
kiosk could be established, with the history of the area and information on how
to safely travel the road. He is waiting for feedback from them.
Commissioner Baney stated that she is hearing that the residents are happy to
have a lower limit in the subdivision but not so much on the rest of the road.
The motorists feel that they are being asked to carry the burden.
Commissioner Unger said that it is a multi-use road, used by residents and
cyclists, and by visitors who are sight-seeing. Whatever is done today will not
be the end. Discussions need to continue and the groups need to work together.
Both groups need to recognize the needs of the others, and treat each other with
respect. He feels the lower speed limits in the two areas are a good idea for
now. Lower speeds are safer.
Commissioner Baney recognized that an assumption is being made that people
do driver over the speed limit, and enforcement on that road has not been a
priority. She feels that people will drive above the limit, but perhaps it will help
visitors to be aware of the potential hazards. She is interested in hearing from
the Bicycle-Pedestrian Committee, but is not sure that a kiosk will help that
much. This is temporary, but is a try at a way to help with the situation at this
time.
Commissioner Unger said that this road will always have some conflicts but
some steps need to be taken to improve what can be.
George Kolb stated that the 45 MPH would be temporary until the road is
rebuilt, but the 25 MPH in the subdivision area would remain.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
BANEY: Move approval of the Consent Agenda.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 4 of 9 Pages
Consent Agenda Items
5. Signature of Order No. 2010-030, Declaring the Results of the Primary
Election for Pinewood Country Estates Special Road District
6. Signature of Order No. 2010-035, Appointing District Managing Board
Members for Pinewood Estates Special Road District
7. Signature of Document No. 2010-321, Renewing a Lease of Sisters Property
for the Sheriff’s Office Substation
8. Signature of Order No. 2010-033, Confirming the Sale of Certain Real
Property
9. Approval of Minutes:
Wednesday, June 2 Work Session
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Chair Signature of Document No.
2010-368, regarding Relocation and Number of Phone Positions in the New
911 Facility.
Rick Silbaugh gave a brief overview of the item. They are increasing the
number of dispatch consoles available. The State of Oregon is paying for the
move and maintenance. Also, this will allow a location to do training. As the
next generation of communications comes about, including texting, they will be
ready for it.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District in the Amount of
$47,041.31 (two weeks).
BANEY: Move approval.
UNGER: Second.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 5 of 9 Pages
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-
H COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $10,352.61 (two weeks).
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $2,320,608.99
(two weeks).
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
14. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of the Re-reading (First and
Second), and Adoption of Ordinance No. 2010-001, Adoption
Destination Resort Remapping Goals and Policies.
Laurie Craghead said there was a difference of opinion on the reading of
the Ordinances. Public law allows amending an Ordinance on the floor.
Te other interpretation of ‘filed prior to reading’ conflicts with this.
To be safe, they are doing the first and second readings over again,
including the language of the change in the one Ordinance’s exhibit.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 6 of 9 Pages
The Board could go with the status quo and perhaps face a challenge.
Another option is to redo the readings and include the additional language,
and adopt again. County Counsel agrees that this can occur.
Another is to delay and provide notice to parties and have another hearing
just for this language.
Also, the previous Ordinances could be appealed and readopted with new
numbers. That could require doing everything over, although it would be
hard for someone to show that their rights have been affected by just a new
number.
Commissioner Baney said she feels the process was broken. Staff did what
was requested by the Board, but she feels that she made a mistake by not
allowing public testimony on that particular language. There was a request
for public input on that language, and denied it because the record was
closed. But the new language came about after the record had been closed.
She would prefer that they would consider them ineffective and allow
input on that particular language.
Commissioner Unger said that he had similar feelings, and perhaps take in
testimony on just this language and go forward.
Peter Gutowsky said that everyone who has standing would have to be
notified. There have been numerous hearings. Notice would be required
in the paper. June 30 would be the earliest possible date. They could take
testimony on the new language after the record had closed.
There is a deadline for submitting a map amendment, which is the second
Tuesday in September. This would be necessary to be able to use the tax
bill for mailing notifications.
Commissioner Baney said that this has been a very lengthy process, and
the most cost effective and secure way to get the issue out to all property
owners is to send it out with the tax bill. This requires adoption by
emergency; otherwise it would not be effective for ninety days, beyond the
deadline for mailing.
Ms. Craghead reiterated the third and fourth options. Mr. Gutowsky said
that everyone with standing has to be notified. He wanted to know if there
is an obligation to notify property owners within cluster developments that
have CCR’s, or if the Board would like them to. Ms. Craghead stated that
it is probably prudent to try to notify anyone who might be interested. The
Commissioners agreed to move forward.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 7 of 9 Pages
BANEY: Move to declare the adoptions ineffective, delaying a decision
on the rereading and re-adoption of the two Ordinances until a
public hearing on the new proposed language is held on June
30, 2010, at 10:00 a.m.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
Ms. Craghead said that if the Ordinances are not repealed, there is an issue
of whether someone could start the appeal process at this time. She will
bring a document to consider to the afternoon’s work session at 2:30 p.m.
B. Before the Board was Consideration of the Re-reading (First and
Second), Including Line D, and Adoption of Ordinance No. 2010-002,
Adopting Destination Resort Map Amendment Procedures.
BANEY: Move approval of the Consent Agenda.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Vice Chair votes yes.
Additional Consent Agenda Items
C. Consideration of Signature of a Letter Appointing Andy Smith to the
Board of Four Rivers Vector Control District, through June 30, 2014
D. Consideration of Signature of a Letter Reappointing Carl Jansen to the
Board of Spring River Special Road District, through June 30, 2013
E. Consideration of Approval of Minutes:
June 7, 2010 Work Session
June 7, 2010 Business Meeting
No other items were discussed.
Minutes of Board of Commissioners’ Business Meeting Wednesday, June 9, 2010
Page 8 of 9 Pages