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HomeMy WebLinkAbout2008-07-23 Business Meeting Minutes-{ 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, JULY 23, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Paul Blikstad, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; Shannon Dames, Health Department; Joe Stutler, County Forester; Katie Lighthall, Project Wildfire; Susan Ross and Teresa Rozic, Property and Facilities; Becky McDonald, 9 -1 -1 County Service District; Judith Ure, Administration; Tom Blust, Road Department; media representatives Hillary Borrud of the Bulletin and a reporter from KOHD TV; and approximately thirty other citizens. 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 First and Second Readings and Adoption, by Emergency, of Ordinance No. 2008 -024, Adding the Amended Ambulance Service Area Plan to Deschutes County Code. Tom Wright of the Bend Fire Department said he did not realize this has to be a part of Code; however, it needs to be adopted in the form of an Ordinance. MELTON: Move first and second readings by title only, declaring an emergency. DALY: Second. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 1 of 14 Pages VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. At this time Commissioner Luke conducted both readings, by title only. MELTON: Move adoption. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2008- 375, an Intergovernmental Agreement regarding the Treatment of Hazardous Wildland Fuels in Deschutes and Crook Counties. Joe Stutler gave a brief overview of the item. Mark Pilliod suggested that there would be a separate agreement between Deschutes County and Crook County in regard to the disbursement of funds, since Deschutes County is administering the funds. Because of the dollar amount, it took federal legislative action to complete the process. Additional funding of $700,000 and $440,000 is expected in the future. Commissioner Daly noted that this is one of the few times that FEMA has granted funds to an Oregon entity, and just one of two in the country that were granted specifically for wildfire mitigation. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2008- 429, an Intergovernmental Agreement between Deschutes County and the 9 -1 -1 County Service District regarding Construction of the 9 -1 -1 Facility. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 2 of 14 Pages Susan Ross explained the item, which involves a building to be used by both 9- 1 -1 and the Oregon State Police. The County will construct the building, issue bonds for payment, and 9 -1 -1 and the Oregon State Police will be responsible for paying the debt over time. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 5. Before the Board was Consideration of County Administrator Signature of Document No. 2008 -339, a Revocable License to Central Cascades Lines, Inc. regarding Use of Parking Facilities. Teresa Rozic gave a brief overview of the item, which would allow the company to use the County parking lot for their buses for a period of five years. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Second Reading and Adoption of Ordinance No. 2008 -012, Adopting the Proposed Local Rule for Onsite Waste Treatment Systems in Southern Deschutes County. Barbara Rich said there have been no changes to the documents since the first reading. Commissioner Luke stated that he and the other Commissioners have received e -mails from citizens since then but understands that they are not to be part of the record. Commissioner Melton said that she discussed with staff some information that had been presented to the Board. The information was from Dave Morgan regarding the probability factors in regard to pollution. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 3 of 14 Pages Laurie Craghead said that this information was entered into the record on that day; Ms. Rich said that copies of the letter were made available to the public on that date as well. Commissioner Melton read the July 8, 2008 memo, for clarification purposes. She added that the best way to test this is through time. The question has been adequately answered for her. The real concern for some people is whether a computer model is adequate, but that is not the underlying question. She also did a search and found that this is not just being invented; there are a lot of other states that have issues with nitrates and are taking similar steps. This is not being made up for one particular area; it is happening all over the country. There was a question about oxic and suboxic; the County has to make sure impacts on the river system are being considered, not just ground water. Oregon groundwater rules are to be protected. Information on the Groundwater Quality Protection Rules already in the record. She feels there is adequate information to move forward, with retesting to start in 2011. Commissioner Daly pointed out that this issue has been being addressed the entire time he has been a Commissioner, and before. He feels they have adequate information to make a decision. He had twenty years of experience putting in septic systems so he is familiar with the issue. In the La Pine area, water gets disbursed into the drainfield, but with the snow the water does not evaporate like in other areas. It goes into the pumice soil, which is very porous, and it will eventually end up in the aquifer or the rivers. There will be a problem eventually if the system keeps getting loaded down. MELTON: Move second reading, by title only. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Chair Luke conducted the second reading at this time. MELTON: Move adoption. DALY: Second. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 4 of 14 Pages VOTE: MELTON: Yes. DALY: Yes. 7. Before the Board was Consideration of Signature of Resolution No. 2008- 021, Adopting the Nitrate Loading Management Model to Establish Performance Standards for Onsite Wastewater Treatment Systems in South Deschutes County. Ms. Rich said this establishes the performance standards for existing systems. It is variable depending on where the system is located, environmental sensitivity, and other factors. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2008- 059, Establishing a System Development Charge within Unincorporated Deschutes County. Tom Blust said that this involves the entire process. The methodology and rate have not changed since the original hearing. The implementation process has been changed to phase it in over a three year period, at the request of the Central Oregon Visitors Association. He then explained the cost of peak hour trips over the three years. The rate would be adjusted based upon the construction cost index. The document would be issued prior to the certificate of occupancy. Commissioner Melton stated she heard from a number of people on this issue. Her concern is with the number of homes on the market, and wonders which are getting their certificates of occupancy. This could take place a lot farther down the road given the state of the economy. Dennis Perkins said this would take place as of July 1. Commissioner Luke noted that if they don't get a certificate of occupancy, it becomes a Code compliance issue. There is no penalty as long as they fix it. The City could cut off water service, etc. if they wanted to. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 5 of 14 Pages Mr Kanner stated that Oregon Administrative Rule says an electrical inspection must be done when requested. Therefore, a requirement like this cannot be made. Commissioner Melton indicated that the intent is to revisit this in a year. Commissioner Daly stated that he doesn't believe this should be imposed at this particular time. He noted that businesses are folding, and the country is in a recession and it could get worse. The government should not raise taxes at this point. Even though the Central Oregon Builders Association indicated it is okay, 70% of their membership is not builders. Builders he talked with don't like it. Roads are important, but the same thing is true of other departments and their services. This fee will not go away and will go up every year. Maybe it should be considered again in a year or two in the future. A way to charge everyone would be through solid waste fees instead, as all citizens pay that. SDC's are not fair as it targets one industry. The burden on builders may cut out a lot of people who might want to buy a home. Commissioner Luke said that it is not an easy decision for him, either, as there is never a good time to impose a tax, and he has opposed SDC's for a long time. It's not the best way to fund infrastructure, since many people don't buy new homes. He tried to change this while in the legislature but it went down three sessions in a row. There is not much choice now, and it is still less than what the cities charge. MELTON: Move approval. LUKE: Second. VOTE: MELTON: Yes. DALY: No. (Split vote.) LUKE: Chair votes yes. 9. Before the Board was Consideration of Second Reading and Adoption of Ordinance No. 2008 -023, Instituting Changes in Public Contracting Code. Mark Pilliod said that this updated Code to comply with Statute. MELTON: Move second reading by title only. DALY: Second. VOTE: MELTON: Yes. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 6 of 14 Pages DALY: Yes. LUKE: Chair votes yes. Chair Luke conducted the second reading at this time. MELTON: Move adoption. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Melton asked that the July 16 work session minutes be removed; and also consideration of the economic development grants had not yet taken place due to a delay. MELTON: Move approval except as noted. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. Consent Agenda Items 10. Signature of Order 2008 -071, Declaring Certain Deschutes County Personal Property as Surplus, and Authorizing Sale 11. Signature of Order No. 2008 -072, Assigning the Name of Lone Pine Trail to an Unnamed Access Road 12. Signature of Resolution No. 2008 -102, Appropriating a New Grant in the Health Department 13. Signature of Resolution No. 2008 -115, Creating a Change Fund for the Annual County Fair 14. Signature of Resolution No. 2008 -116, Transferring Appropriations within the Juvenile Community Justice Fund 15. Signature of Resolution No. 2008 -117, Transferring Appropriations within the Deschutes County Health Department Fund Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 7 of 14 Pages 16. Signature of Resolution No. 2008 -118, Transferring Appropriations within Various Deschutes County Funds 17. Signature of a Letter Accepting the Resignation of Jenny Nelson from the Deschutes County Dog Control Board of Supervisors, and Thanking Her for Her Service 18. Signature of a Letter Appointing Patricia Moore to the Dog Control Board of Supervisors, Finishing the Term of Jenny Nelson, through June 30, 2010 19. Signature of Letters Reappointing Laurel Pierson and Lani Sykes to the Deschutes County Dog Control Board of Supervisors, though June 30, 2010 20. Signature of a Letter Accepting the Resignation of Robert Otteni from the Deschutes County Planning Commission, and Thanking Him for His Service 21. Signature of a Letter Reappointing Michael Hinton to the Board of the Central Oregon Regional House Authority (dba Housing Works), through June 30, 2012 22. Approval of Minutes: • Business Meeting: May 14. June 2, July 7 • Work Session: July 16 23. Economic Development Grant Requests • Fair & Expo Center — Fair Bus Program • Bend Spay & Neuter Project — Educational Campaign • Sisters Organization for Activities & Recreation - Scholarship CONVENED AS THE CONTRACTING BOARD FOR DESCHUTES COUNTY 24. Before the Board was a Hearing regarding a Protest of an Intent to Award Contract for Jail Control Systems. Susan Ross stated that County issued a notice of intent to award letter after three proposals were received. The apparent low bidder was Simplex, but they were found to be non - responsive in a number of categories, including subcontractor disclosure forms and the unit pricing spreadsheet. Commissioner Luke asked who reviewed the bids. Ms. Ross said that she and Legal Counsel did. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 8 of 14 Pages Don Sandstone of Simplex said he has 35 years in the industry. His firm has done various projects throughout the country and have an impeccable reputation. He stated that in bidding, you try to get the numbers together at the last minute. He feels there was some hidden documentation that should have been more evident on the bid proposal sheets. He added that this should not be a reason to disqualify them, as they can still provide what is needed. The intent was there and should have been recognized. Commissioner Luke said that both he and Commissioner Daly have been involved in contracting for many years. They need to make sure everyone follows the same rules. A government agency cannot make exceptions. Mr. Sandstone stated that they were not totally non - responsive, but might have missed something. Commissioner Melton asked what section is being considered. Ms. Ross said it involves the electronic safety and security area. This was not a standard item, but the language was created to help contractors. Ultimately they are responsible for reviewing all of the sections, and this was its own separate section. It is also placed immediately before the alternate bids section, so they had to read it to be able to respond. There was a preconstruction meeting with HK Electric, and they walked everyone through it. The idea that it is hidden is not true. She said they see little in the way of unit pricing in most cases. If the information submitted is limited, the cost can't be known. It makes it difficult to compare prices if one firm lists a cost and the others say it is unknown. She added that the firm with the highest bid did not provide unit pricing either. The winning bid provided the total cost and unit pricing. Mark Pilliod added that if a bidder is uncomfortable with the specs and needs clarification, they can object to the form of the specs ahead of time. This is a matter that should have been brought up well before the bid process ended. It is inappropriate to turn a protest of the award into a protest of the form of the specs. Ms. Ross said that all of the bidders got full information, including those who attended the mandatory walk - through; a total of eight firms as plan holders. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 9 of 14 Pages Commissioner Daly noted that he spent many years in the contracting business. The form is self - explanatory, and if there are questions they should be asked prior to the bid date. He suggested that the award be made to the bidder who followed the rules. MELTON: Move approval of Order No. 2008 -075, denying the appeal. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Signature of Document No. 2008- 429, an Intergovernmental Agreement between Deschutes County and the 9 -1 -1 County Service District regarding Construction of the 9 -1 -1 Facility. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 26. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District, for Two Weeks in the Amount of $19,032.02. DALY: Move approval, subject to review. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 10 of 14 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 27. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District, for Two Weeks in the Amount of $9,105.39. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 28. Before the Board was Consideration of a Decision regarding Applications for a Plan Amendment and Zone Change from Exclusive Farm Use to Surface Mining in Millican (Applicant: 4 -R Equipment). Paul Blikstad gave a brief history of the issue, which has taken several years to come to this point. The deadline for a written decision is July 30. One of the key points were findings on the sage grouse criteria. Agencies and experts seem to agree that 1/4 -mile distance is protection enough for the lech site. Laurie Craghead that the applicant has allowed an additional thirty days, to the end of August. Mr. Blikstad said there were other issues, such as the Evans Wells ranch, grazing of cattle. It was pointed out that this area affects about 1 % of the entire grazing area. Another issue was religious and cultural activities of native Americans at the Walker property. They asked for notice before blasting. Code prohibits mining on Sundays and legal holidays. It would seem that there would be adequate opportunity for such activities. The location would be over 1/2 mile away. Commissioner Melton said that she understands that communication is key, and that people would be advised when blasting would be done. Ms. Craghead said they would be willing to include a 48 -hour notice to the Walkers and the native American group when any blasting would take place. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 11 of 14 Pages Mr. Blikstad said that Kleinfelder indicates that the well will not be impacted. He said also that he could not find the shelter, which is not historically significant in any case. Another concern was drawing water from the shallow aquifer; Kleinfelder said this would not be an issue for this site. Regarding dust impacts from blasting, they will attempt to blast when the winds are blowing away from the Walker residence. Commissioner Daly said when properly done, blasting is very controlled and affects a very small area. Commissioner Luke asked if the items listed in the remand have been adequately addressed. Ms. Craghead replied that there is substantial evidence in the record on all of the items. Commissioners Melton and Daly agreed that everything has been adequately covered. Commissioner Luke asked that the applicant's attorney do the initial draft findings. MELTON: Move approval of the application and of staff working with the applicant to develop appropriate findings. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 29. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County, for Two Weeks in the Amount of $4,480,579.24. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 12 of 14 Pages 30. Before the Board were Additions to the Agenda. A. Before the Board was Consideration of Direction to Planning Staff to Draft a Memo to the Clerk's Office, Requesting Release of a Pronghorn Bond per an Improvement Agreement. Paul Blikstad said that a representative of Pronghorn has asked that a bond be released. It was to cover a restaurant, meeting rooms, golf club and some overnight facilities that are now covered by a different agreement. It has little to do with the cash deposit of $8 million. Ms. Craghead stated that staff feels the applicant has shown that the amount being held substantially covers what is needed. There is no evidence that the amount held would not be adequate. She does not know the cost of building a hotel, but the bond is primarily for other improvements. MELTON: Move that Mr. Blikstad be authorized to draft a memo to the entity in this regard. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. B. Before the Board was Consideration of Chair Signature of an Oregon Liquor Control License Application for Tetherow Golf Club. LUKE: Move approval. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Being no further discussion, the meeting adjourned at 11:50 a.m. Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2008 Page 13 of 14 Pages DATED this 23rd Day of July 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke ton, Vice Chair Mich. el M. aly, Com issioner Minutes of Board of Commissioners Business Meeting Wednesday, July 23, 2 )08 Page 14 of 14 Pages Deschutes County Summary of Changes to Proposed Local Rule Public Hearing, March 19, 2008 The US Geological Survey and the Oregon Department of Environmental Quality (DEQ) have conducted scientific investigations that show that groundwater in the south Deschutes County region will become increasingly polluted over time by discharges from conventional onsite wastewater treatment systems. The Board of County Commissioners (Board) does not presume to have the same technical knowledge and expertise as the scientists that participated in these investigations and relies on their findings that, as stated by the Oregon DEQ, the science is valid and doing nothing to protect groundwater quality is not an option. The Board, at this hearing, is considering the question of what action can be taken at the local level to address the groundwater pollution issue. July 7, 2008 Changes based on public comments on the March 2008 proposal: • Compliance Date: Based on specific testimony received at the March 19, 2008 hearing, the Board changed the grace period before the compliance date from 10 years to 14 years to provide additional time for residents to pursue other methods of protecting groundwater. • Definition of Maximum Nitrogen Reducing System: The change to this definition ensures that a monopoly is not created for one system meeting the standard. • Variance: Based on testimony related to the potential expansion or creation of sewers, a provision was created to allow granting of a variance in the event that a failing system is located in an area where a sewer is being established. • Ordinance 2008 -012: Two definitions ( "Pollution" and "Public Health Hazard ") were inserted into the ordinance. These definitions were not included in the proposed rule language because the terms are not used. Proposed changes not included in the proposed rule: • Time Sale Upgrade: The Board of County Commissioners discussed the feasibility of requiring upgrades at the time that property ownership changes. Because of issues related to putting this concept into practice, the proposal was rejected. March 19, 2008 Changes based on public comments on the March 2007 proposal: • Sewer: To ensure that the proposed rule does not eliminate the possibility of using existing state processes related to the expansion or creation of sewers, the revised proposed rule language (Proposed DCC 13.14.070) and revised staff report both identify the state rule process for expanding or creating sewers in rural areas as a viable option to using onsite systems. The County is working actively with DEQ /DLCD to: For more information: Phone: Barbara Rich, 541 - 617 -4713, E -mail: BarbaraR @co.deschutes.or.us Web: http : / /www.deschutes.org /cdd /gpp/ o Streamline land use review for the Goal 11 process o Draft policies and language to establish a Health Hazard Sewer Overlay Zone • Cost: The Board has established a Financial Assistance Advisory Committee to recommend how best to assist homeowners with the cost of using groundwater protection measures using an estimated $35 million of County -owned assets that are dedicated to this purpose. (Revised staff report, page 21) • Sewer district language /map conflict (Proposed DCC 13.14.020) o A conflict exists between the proposed rule language and the draft map proposed for Exhibit A to Resolution 2008 -21. The proposed language defines the affected area as, "those portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas within existing sewer districts." The map proposed as Exhibit A to Resolution 2008 -21 shows the city limits of La Pine as the same as the sewer district boundary, which is untrue. To resolve the conflict, staff recommends that the rule and staff report language, if adopted, be changed to read as follows (added text in underline): "South County" means those unincorporated portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas that are authorized for sewer. • Provision for other wastewater treatment approaches (Proposed DCC 13.14.070) o Added to allow alternative treatment techniques such as composting toilets or other systems that meet the groundwater protection goal but are not defined as an onsite wastewater treatment system or a sewer system. • Published reports: The staff report has been updated with information on USGS reports and a fact sheet published since March 2007. (Revised staff report, page 10) • High groundwater lots /Sunset clause: A sunset clause for siting standards has been added to highlight the County's commitment to investigating the potential for new development in high groundwater areas (groundwater less than 24 inches from ground surface). (Proposed DCC 13.14.030) • Compliance date: The staff report has been revised using reports published since March 2007 and provides additional information about the 10 -year timeframe for decisions. This compliance period will provide an extended time line during which residents may make decisions and plan for the approach they believe is best for them. (Revised staff report, page 19) Other changes: Additional grammatical and non - substantive changes to the revised staff report have been made. For more information: Phone: Barbara Rich, 541 - 617 -4713, E -mail: BarbaraR @co.deschutes.or.us Web: http : / /www.deschutes.org /cdd /gpp/ Response to Questions from the South County Financial Assistance Advisory Committee (FAAC) Based on Meeting with Board of County Commissioners (BOCC) June 30, 2008, La Pine Senior Center Questions Do nitrogen reducing systems need full -time residents in order to function? No, in fact most systems can be shut down and restarted by the maintenance provider for seasonal residents in order to ensure good performance and save energy. Did the model account for seasonal residents? Yes, the model actually reduces the pollution load in consideration of seasonal residents (if there is no resident in a house there is no pollution being discharged). The percentage of the population that is seasonal residents has changed from 1980 (about 46 %) to 2000 (about 20 %). Do Orenco systems work in the snow? Yes, data from the La Pine National Demonstration Project show that AX -20 systems function well even in winter conditions. Representatives from Orenco Systems, Inc. state that there are properly functioning systems installed in British Columbia, Alberta, Pennsylvania, Michigan, Wisconsin, Rhode Island, Vermont, Colorado, which all can have colder winters than Central Oregon. Were data from the monitoring wells in the sub -oxic zone used? Yes, the data from the sub -oxic wells was used, especially in the groundwater model. This is important information that tells us how the groundwater system may be able to clean itself over time once the pollution loading is reduced. What kind of repairs would trigger a system upgrade? Ordinance 2008 -019 and the proposed rule specify that upgrades will be triggered at time of major repair or major alteration. For example, a major repair permit is required if the drainfield is no longer accepting sewage or is damaged. Replacing a steel tank is a minor repair and would not trigger an upgrade. The term "repair," including both major and minor repair, is defined in OAR 340 - 071 - 0100(125). What kind of variance is available if an area is in the process of getting served by sewer? The proposed rule provides for a variance to the upgrade requirement if a failing system is in an area where sewer is available or will be available within five years. E 0 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, JULY 23, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2008 -024, Adding the Amended Ambulance Service Area Plan to Deschutes County Code — Dan Peddycord and /or Colette Whelan, Health Department; Tom Wright, Bend Fire Department 3. CONSIDERATION of County Administrator Signature of Document No. 2008 -375, an Intergovernmental Agreement regarding the Treatment of Hazardous Wildland Fuels in Deschutes and Crook Counties — Joe Stutler, Forester 4. CONSIDERATION of Signature of Document No. 2008 -429, an Intergovernmental Agreement between Deschutes County and the 9 -1 -1 County Service District regarding Construction of the 9 -1 -1 Facility — Susan Ross, Property & Facilities 5. CONSIDERATION of County Administrator Signature of Document No. 2008 -339, a Revocable License to Central Cascades Lines, Inc. regarding Use of Parking Facilities — Teresa Rozic, Property & Facilities Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 1 of 8 Pages 6. CONSIDERATION of Second Reading and Adoption of Ordinance No. 2008 -012, Adopting the Proposed Local Rule for Onsite Waste Treatment Systems in Southern Deschutes County — Barbara Rich, Community Development Department 7. CONSIDERATION of Signature of Resolution No. 2008 -021, Adopting the Nitrate Loading Management Model to Establish Performance Standards for Onsite Wastewater Treatment Systems in South Deschutes County — Barbara Rich, Community Development Department 8. CONSIDERATION of Signature of Resolution No. 2008 -059, Establishing a System Development Charge within Unincorporated Deschutes County — Tom Blust, Road Department 9. CONSIDERATION of Second Reading and Adoption of Ordinance No. 2008 -023, Instituting Changes in Public Contracting Code — Mark Pilliod, Legal Counsel CONSENT AGENDA 10. Signature of Order 2008 -071, Declaring Certain Deschutes County Personal Property as Surplus, and Authorizing Sale 11. Signature of Order No. 2008 -072, Assigning the Name of Lone Pine Trail to an Unnamed Access Road 12. Signature of Resolution No. 2008 -102, Appropriating a New Grant in the Health Department 13. Signature of Resolution No. 2008 -115, Creating a Change Fund for the Annual County Fair 14. Signature of Resolution No. 2008 -116, Transferring Appropriations within the Juvenile Community Justice Fund 15. Signature of Resolution No. 2008 -117, Transferring Appropriations within the Deschutes County Health Department Fund 16. Signature of Resolution No. 2008 -118, Transferring Appropriations within Various Deschutes County Funds Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 2 of 8 Pages 17. Signature of a Letter Accepting the Resignation of Jenny Nelson from the Deschutes County Dog Control Board of Supervisors, and Thanking Her for Her Service 18. Signature of a Letter Appointing Patricia Moore to the Dog Control Board of Supervisors, Finishing the Term of Jenny Nelson, through June 30, 2010 19. Signature of Letters Reappointing Laurel Pierson and Lani Sykes to the Deschutes County Dog Control Board of Supervisors, though June 30, 2010 20. Signature of a Letter Accepting the Resignation of Robert Otteni from the Deschutes County Planning Commission, and Thanking Him for His Service 21. Signature of a Letter Reappointing Michael Hinton to the Board of the Central Oregon Regional House Authority (dba Housing Works), through June 30, 2012 22. Approval of Minutes: • Business Meeting: May 14 • Work Session: July 16 23. Economic Development Grant Requests • Fair & Expo Center — Fair Bus Program • Bend Spay & Neuter Project — Educational Campaign • Sisters Organization for Activities & Recreation - Scholarship CONVENE AS THE CONTRACTING BOARD FOR DESCHUTES COUNTY 24. A HEARING regarding a Protest of an Intent to Award Contract for Jail Control Systems — Susan Ross, Property & Facilities CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 25. CONSIDERATION of Signature of Document No. 2008 -429, an Intergovernmental Agreement between Deschutes County and the 9 -1 -1 County Service District regarding Construction of the 9 -1 -1 Facility — Susan Ross, Property & Facilities 26. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District, for Two Weeks Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 3 of 8 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 27. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District, for Two Weeks RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 28. CONSIDERATION of a Decision regarding Applications for a Plan Amendment and Zone Change from Exclusive Farm Use to Surface Mining in Millican (Applicant: 4 -R Equipment) — Paul Blikstad, Community Development Department 29. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County, for Two Weeks 30. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding altemative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388- 6572.) Monday, July 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. Public Hearing on Formation of Bend Transit District Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 4 of 8 Pages Wednesday, July 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 30, 2008 Opening Day of the Annual Deschutes County Fair 1 :30 p.m. Administrative Work Session — could include executive session(s) Monday, August 4, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, August 6, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 13, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 18 .2008 10:00 a.m. Board of Commissioners' Meeting 12 noon Regular Meeting of Board of Commissioners and Department Directors 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 20, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 5 of 8 Pages Thursday, August 21, 2008 11:00 a.m. Meeting with Commission on Children & Families Board; Interview Candidates Monday, August 25 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, August 28, 2008 5:00 p.m. Joint Meeting of Board of Commissioners and Planning Commission Monday, September 1, 2008 Most County offices will be closed to observe the Labor Day Holiday Wednesday, September 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 4, 2008 10:00 a.m. Quarterly Meeting with District Attorney 11:00 a.m. Quarterly Meeting with Community Development Department 1:30 p.m. Quarterly Meeting with the Road Department Monday, September 8, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 6 of 8 Pages Wednesday, September 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 11, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 11:00 a.m. Quarterly Meeting with Mental Health Department 1:00 p.m. Quarterly Meeting with Health Department Wednesday, September 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 17, 2008 8:00 a.m. Public Affairs Counsel Conference Call — Legislative Update 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 18, 2008 9:00 a.m. Semi - annual Meeting with the County Clerk 10:00 a.m. Quarterly Meeting with Community Justice Monday, September 22, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, September 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 7 of 8 Pages Thursday, September 25, 2008 9:00 a.m. Quarterly Meeting with Fair & Expo Center 10:00 a.m. Semi - annual Meeting with Assessor 11:00 a.m. Quarterly Meeting with Commission on Children & Families Monday, September 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, October 1, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, July 23, 2008 Page 8 of 8 Pages