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HomeMy WebLinkAbout2014-07-21 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, July 21, 2014 Page 1 of 7 Pages For Recording Stamp Only 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 WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 21, 2014 ___________________________ Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Nick Lelack and Peter Gutowsky, Community Development; Scot Langton, Assessor; Sgt. Nathan Garibay and Capt. Erik Utter, Sheriff’s Office; Tyler Leeds of The Bulletin, and three other citizens. Chair Baney opened the meeting at 1:30 p.m. ___________________________ 1. Sage Grouse Habitat Update. Peter Gutowsky introduced Priscilla Johnson of the Crook County Soil and Water Conservation District; and also with the Crooked River Weed Management Area. Ms. Johnson distributed a handout detailing the work of the District. They have two grants in process relating to Sage Grouse habitat. Harney County has spent three years working on the Greater Sage Grouse Candidate Conservation Agreement, with Assurances, and other counties are going to piggyback rather than do it again; time is also limited. Crook County would like to have Deschutes County’s portion included in the proposed map area. Minutes of Board of Commissioners’ Work Session Monday, July 21, 2014 Page 2 of 7 Pages If property owners follow the plan and do what they can to help the Sage Grouse, these property owners would be protected if the Sage Grouse becomes listed. She and others view the properties and provide guidance. Some of the fixes are relatively simple and would be site-specific, and funding could be provided. If someone signs up, they can choose to be taken out of the program later. It is also transferable to a new owner. On the colored map, solid colors indicate private ownership. The rest is public lands. She said they have staffing, but are seeking an ATV for this purpose. Ms. Johnson stated that this is a long-term project that may go on for decades. They have to gain the trust of the property owners who are not always eager to work with government. Peter Gutowsky stated that there is a request for Weed Board funding as well as Sage Grouse funding that went to Judith Ure today. Chair Baney said that she is trying to approach the need for funding for wildfire issues with the fact that these fires destroy the habitat of endangered species. All of Deschutes County has a CWPP in place. Mr. Gutowsky spoke about Sage Con, with the various counties represented. The listing is scheduled for September 2015, and the State wants to show in advance that it has the tools in place to handle this. U.S. Fish & Wildlife wants regulatory certainty regarding future development. It is possible all seven counties will have to amend their Comp plans to address this. They have to monitor disturbances or development. Some counties may consider a development cap, but most are concerned about going that direction. Deschutes County has some of the most rigorous development standards in the state in place in this regard, including in some zones a limit non-farm dwellings in these areas. Chair Baney asked if this affects just structures or also grazing rights. Mr. Gutowsky said that grazing and agriculture are not regulated by the County. The intent is not to regulate agricultural uses or ranching, but other uses that might occur in the future. Minutes of Board of Commissioners’ Work Session Monday, July 21, 2014 Page 3 of 7 Pages On November 6, there is a meeting of the three local counties, and this could be a discussion item. Commissioner DeBone said there are constant comments from people who are confused as to what they can build or how they can use their property. Mr. Gutowsky stated the County tries to keep its citizens informed, but there are challenges when there are multiple counties being impact ed by federal issues. This issue in particular is difficult due to the number of counties involved and the timeframe indicated by the federal government. Most do not want to feel threatened by limitations. Nick Lelack said that if other things are in place, there might be an opportunity for additional dwellings or other uses. Commissioner DeBone stated that often people just need to know why they can’t do something. 2. Approval of Grant Application for FY2014 Oregon State Homeland Security Program Grant – Interagency Communications Project. Sgt. Nathan Garibay gave an overview of the grant application. There were a number of potential projects, but they wanted to focus on their strategic plan. This would be a part of the next generation communications system. The subscriber units are costly and they are seeking these units for various agencies in the area, including law enforcement and fire districts. This is for radios that are not attached to the vehicle, but carried on the person. Chair Baney said that she spoke with a Commissioner from Sherman County, recommending someone who was not contacted regarding this project. Sgt. Garibay is aware of the group, which is a public-private agency. Captain Erik Utter has researched this option, but there were viable reasons it is not a part of this. UNGER: Move approval of the application. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Work Session Monday, July 21, 2014 Page 4 of 7 Pages 3. Sisters Folk Festival Request for Funding. Judith Ure discussed the grant request. Commissioner Unger said this group has a $650,000 annual budget and a staff of six, and he would like to see the City and Chamber more involved. It was hard to tell where their funding comes from and where it is going. Commissioner Unger would like to see this done as a match, contingent on the Ford Family grant and funding from the City and Chamber. They need to look for more community partners. The Commissioners granted $500 each, and would like the group to pursue additional funding through other sources. UNGER: Move approval of a $1,500 grant. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. ___________________________ The Weed Board is asking for $5,000 for weed projects and $5,000 to address Sage Grouse issues. Mr. Anderson suggested that Ed Keith review this. There is no formal application for funding. Ms. Ure asked if the Taylor Grant fund can be used for this or whether it is just for fencing. Mr. Anderson stated this issue needs to be approached more consistently. ___________________________ Ms. Ure spoke about community grants. There was $66,000 available last year, and three categories. The first chart is what was planned, but the Board deviated. This year it could be done to allow for some flexibility in the amounts granted. The idea was to have groups apply for larger projects and to work together when possible. ___________________________ The Board confirmed the September 25 evening meeting with the Planning Commission to further discuss agricultural lands. Minutes of Board of Commissioners’ Work Session Monday, July 21, 2014 Page 5 of 7 Pages Mr. Lelack said there was one applicant for Planning Commission from the Redmond area. The Planning Commission would like the person to start by September. The Commissioners said one Commissioner being involved in the interview process is adequate. ___________________________ Mr. Anderson said AOC wants a breakdown of where the revenue coming into the County goes; they have asked a few counties for input. Scot Langton said he is aware of the request and is not sure where they are going with this. The report does not adjust for libraries and other agencies that are not always part of the County. Wayne Lowry could be involved in this process. Mr. Langton stated that most of this is already done anyway; they just need to make sure AOC understands the differences. It is not an apples-to-apples comparison. ___________________________ Mr. Andersons said there has been a good response to the employee bar -b-q event at the Fair. Previous Commissioner Dennis Luke said he thought this might be an ethics violation. Mr. Doyle said this is not being seen as a gift, but it is something for employees and not others. He does not think this part of the ORS is applicable. It is also part of the employee recognition program and there is a line item for it in the budget. ___________________________ Commissioner Unger met with the manager of COID and also met with some of the property owners. He would like to see better relations developed. Chair Baney stated that she has an appointment with one of their attorneys tomorrow. She is concerned about how Commissioner involvement will be interpreted. The project is not necessarily a cut and dried water conservation project, but is also part of a hydro facility. The applicant has indicated the water part is secondary; capacity for the hydro facility is first and how they would generate funds for further piping. LUBA used as a decision point how urban hydro fits into this type of situation. Commissioner Unger said he does not know where the Board is headed on this, but he would like to see a plan that fits both parties, which might make the decision easier. Commissioner DeBone said the Board of COID should be involved in this as well. It is bigger than just the manager and the sides are a long way apart. Commissioner Unger stated the Energy Trust is a funder and would bring in a mediator. Mr. Anderson does not see much compromise from the property owners. Commissioner DeBone asked how they would proceed at the work session where this will be discussed. Mr. Doyle said they could reopen the record if necessary. Commissioner Unger stated that COlD needs a decision soon so they can get a contractor on site this fall. Otherwise, it could mean delays. If the Board makes an affirmative decision, COlD can work even if it ends up at LUBA, at their own risk. Chair Baney stated that she would rather the timeframe not be a deciding factor. She would like to see a matrix with decision points. Commissioners DeBone and Baney feel having a work session for further discussion is problematic. Commissioner Unger wants to find out if the parties can come together to work I something out. COlD could lose a year. The next section is within the City. i There is a lot to be lost by waiting. i I 1 i Mr. Doyle stated that it is ultimately related to the hydro plant in a different zone, for the end result. Chair Baney said that it would be much easier if it were all about water conservation, although that is the end goal. She heard from the Governor's Office, encouraging them to proceed because of this. Commissioner Unger stated that water conservation could not be funded any 1 other way. Chair Baney said that it benefits the profitability of COlD . •i I Mr. Doyle stated that the Board could refer it back to the Planning Commission I since they indicated they did not get all of the necessary information when it was before them. I I 1 Chair Baney said each Commissioner should come up with some decision points and let Nick Lelack know, so CDD can develop a matrix. ! I Commissioner DeBone stated that the Eastern Oregon Counties Association is meeting next Friday in John Day. He may try to call into the meeting. Minutes of Board of Commissioners' Work Session Monday, July 21, 2014 Page 6 of7 Pages Commissioner Unger stated that the Tumalo group wants to know why the County is involved with their park issue and about the requirement for insurance. Chair Baney would like to hear from the community as to whether there is a big enough issue for their involvement. Mr. Kropp said James Lewis of CDD checked with Bend Metro Park and Rec and State Parks and they are not interested in taking this on. The town residents involved in this perhaps could use a business sponsor. Commissioner Unger is still dealing with the business community there regarding signage. Mediation is not very effective at this point. 4. Other Items. The Board went into Executive Session, under ORS 192.660(2)(h), pending or threatened litigation, at 2:50 p.m. No decisions were made. Being no further items discussed, the meeting adjourned at 4:05 p.m. DATED this IP If. Day of ~r 2014 for the Deschutes County Board of Commissioners. ~ Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, July 21,2014 Page 7 of7 Pages I I Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701~1960 (541) 388~6570 ~ Fax (541) 385~3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1 :30 P.M., MONDAY, JULY 21,2014 1. Sage Grouse Habitat Update Peter Gutowsky; Crook County Soil & Water Conservation District Staff 2. Approval of Grant Application for FY2014 Oregon State Homeland Security Program Grant -Interagency Communications Project -Nathan Garibay 3. Sisters Folk Festival-Judith Ure 4. Other Items Executive Session, under ORS 192.660(2)(h), pending or threatened litigation­ Laurie Craghead PLEASE NOTE: At any time during this meeting, an executive session could b e called to address issues relating to ORS 192.660(2} (e), real property negotiations; ORS 192.660(2} (h), litigation; ORS 192.660(2Xd), labor negotiations; or ORS 192.660(2) (b), personnel issues; or other issues under ORS 192.660(2), executive session. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6571, or send an e-mail to bonnie.baker@deschutes.org. Memorandum DATE: July 7, 2014 TO: Deschutes County Board of Commissioners (BOCC) FROM: Peter Gutowsky, Principal Planner RE: Sage Grouse Update / Candidate Conservation Agreements with Assurances Priscilla Johnson, Crook County Soil and Water Conservation District Manager at the BOCC’s July 21 work session, will be discussing opportunities for Deschutes County landowners, affected by sage grouse habitat, to voluntarily participate in Candidate Conservation Agreements with Assurances (CCAA). Background In March 2010, the U.S. Fish and Wildlife Service (USFWS) determined that the sage grouse was warranted for listing as threatened under the Endangered Species Act (ESA), but was precluded from listing at that time because there were other higher priority species to be listed first. As a result of this decision, sage grouse is now an official Candidate Species for ESA listing. A final determination of whether to list the species will be released in 2015. Harney County Soil and Water Conservation District established a steering committee in 2011, including USFWS, Oregon Department of Fish and Wildlife, Natural Resource Conservation Service, Bureau of Land Management, The Nature Conservancy, landowners, local government, OSU Extension Services, and Oregon Cattlemen’s Association for the purpose of developing a CCAA. A CCAA is a formal agreement between USFWS and one or more parties to address the conservation needs of a proposed candidate species before they become listed as threatened or endangered. Landowner participants (through a certificate of Inclusion) voluntarily commit to implementing land management practices that will remove or reduce threats to the species on private land, thereby contributing to stabilizing or restoring the species so that a listing is unnecessary. As part of the CCAA agreement, USFWS provides assurances that, in the event the species covered in the agreement is subsequently listed as threatened or endangered, USFWS will not assert additional restrictions or require additional actions above those that the property owner has voluntarily committed to in the CCAA. Recently, Baker, Crook, Grant, Lake, and Malheur Soil and Water Conservation Districts agreed to coordinate efforts to enter into individual CCAA permit holder agreements with USFWS. The Crook County SWCD agreed to include Deschutes County sage grouse habitat within their CCAA to save time and money. As the agreement goes through the review process, the districts are contacting landowners, holding workshops, and educating the public. The agreement is expected to be signed by December 31, 2014, and then the site specific planning will begin with all interested landowners. Soil and Water Conservation Districts by signing as the permit holder will commit to 30 years of monitoring and will begin assisting landowners to find funding to implement restoration projects. Crook County Soil and Water Conservation District 498 SE Lynn Blvd . Prineville , Oregon 97754 Phone: (541) 447-3548 Fax: (541) 416-2115 Priscilla .johnson@oregonstate .edu Crook County Soil and Water Conservation District works with landowners and a variety of resources to coordinate technical, educational, and financial assistance to help meet needs for conservation of soil and water. 2009 to date Fundirig OWEB small grant program 40 projects $ 275,986 OWEB large grant projects 4 projects $ 694,564 USFWS, Partners Program 3 projects $ 35,000 PGE, Pelton Fund 1 project $ 98,400 ODA Technical /Capacity $ 250,000 Crook County Capacity Support $ 75,000 OWEB large grant (Pending) 1 project $ 450,000 Types of Projects Juniper Treatments Offsite Watering Systems Riparian Fencing Spring Developments Channel Reactivation Prescribed Burns Fish Passage/Screen Water Gaps Planting and Seeding Bank Stabilization Hardened Crossings Tail water Recovery Weed Treatments Spring Developments Partners Landowners Oregon Department of Forestry Oregon Watershed Enhancement Board Oregon Department of Agriculture Crook County Department of State Lands Crooked River Watershed Council Jefferson Soil and Water Conservation District Crooked River Weed Management Area Bureau of Land Management Crook County OSU Extension Services Central Oregon Irrigation District Oregon Department of Fish and Wildlife Service Ochoco Irrigation District Natural Resource Conservation Service Pacific Power US Fish and Wildlife Service Department of Environmental Quality Sage Grouse Candidate Conservation Agreement with Assurances A CCAA is a voluntary agreement where the landowners agree to manage their lands to remove or reduce threats to sage grouse; in return landowners receive assurances against additional regulatory requirements if the bird is listed . Deschutes, Crook, Baker, Lake, Malhuer, and Grant counties are using the Harney County draft as a basis. This will allow the programmatic plan to be processed and approved by December 31, 2014. Site Specific Plans will be developed by SWCD and landowners beginning]anuary, 2015. Counties are working with USFWS, OWEB, and NRCS to proVide financial assistance to landowners over the next 30 years to improve habitat. Examples of Beneficial Habitat Practices: Grazing management plans Restoring native grasses Installing wildlife ramps in watering troughs Marking or moving fences Removal/thinning of juniper Controlling invasive weeds Proposed Acreages to be covered under the Crook/Deschutes Programmatic CCAA Preliminary General Habitat 169,830 acres Preliminary Priority Habitat 316,134 acres _ _ Crook Soil and Water Conservation District Greater Sage-Grouse Candidate Conservation Agreement with Assurances Covered Area -Sage-Grouse Habitat in Crook and Deschutes County PGH Covered Area - CFOOkIDeschuIes PPH Covered Area • C ~ Only acres of PPH Private & PG H Private within the o 3.7!; 7!; 1!; 22 .5 30 covered area boundary are included in our analvsis. M~es To: Deschutes County Board of Commissioners From: Sgt. Nathan Garibay Date: July 16, 2014 Subject: Proposed Grant Application for the Deschutes County Sheriff’s Office Commissioner/County Administrator Approval: Date: The Deschutes County Sheriff’s Office is requesting the Board of Commissioners’ approval to submit a grant application on behalf of the County. A summary of the grant opportunity follows. Program: FY2014 Oregon State Homeland Security Program Grant – Interagency Communications Project Oregon Emergency Management (OEM) administers the State Homeland Security Program (SHSP) grant and applications are due August 1st at 5 PM. Deschutes County in conjunction with other first responder agencies is seeking funding from this program for a potential interoperable communication project: the acquisition of multi-band portable radios that will ensure communication across multiple systems and bands. Since there can only be one application per county, Deschutes County will apply for this project. Due to the short time frame of application, we are still gathering necessary information and agreements to complete the application. The project includes the purchase of multi-band portable radios for the Sheriff’s Office and several other first responder agencies to improve the ability to communicate across radio systems. This project is consistent with findings contained within the recent Deschutes County Radio project report produced by Sparling and will provide much needed improvement to public safety radio communications for Deschutes County Sheriff’s Office and several other first responder agencies in Deschutes and Crook Counties. Since emergency incidents commonly cross geopolitical boundaries, there i s significant need to include as many agencies as possible. For this reason, Crook County is also offering support for this project and will receive equipment if successful. Funding Agency: Department of Homeland Security through the Oregon Office of Emergency Management. On June 2, 2014, OEM issued a state-wide notice that the application period is open until August 1st. Due Date: Application: August 1, 2014 Amount: TBD – Estimated to exceed $250,000 Matching Funds: None Duration: October 1, 2014 through September 30, 2015 Background: If the County is awarded the funds, OEM will issue a formal grant document which will be presented to the Board/County Administrator for signature. Reporting: Sgt. Garibay, the Deschutes County Emergency Manager will report for this project if successful. Please contact Sgt. Garibay at 541-617-3303 if you have questions concerning this request. 2013-14 Carryover 2,339.00$ 2013-14 Carryover $2,339.00 2013-14 Carryover 2,339.00 2013-14 Carryover $2,339.00 2014-15 Allocation 15,000.00$ 2014-15 Allocation $15,000.00 2014-15 Allocation 15,000.00 2014-15 Allocation $15,000.00 Beginning Balance 17,339.00$ Beginning Balance 17,339.00$ Beginning Balance 17,339.00$ Beginning Balance 17,339.00$ Q1 -3,824.00 Q1 -3,822.00 Q1 -3,824.00 Q1 -1,700.00 Q2 0.00 Q2 0.00 Q2 0.00 Q2 0.00 Q3 0.00 Q3 0.00 Q3 0.00 Q3 0.00 Q4 0.00 Q4 0.00 Q4 0.00 Q4 0.00 Total Spent -3,824.00 Total Spent -3,822.00 Total Spent -3,824.00 Total Spent -1,700.00 Remaining Balance 13,515.00$ Remaining Balance 13,517.00$ Remaining Balance 13,515.00$ Remaining Balance 15,639.00$ Beginning Balance includes funds carried over from 2013-14 Commissioner Unger Commissioner Baney Commissioner DeBone Fundraising Activities Deschutes County Discretionary Grant Program Status as of 7/21/2014 Notes: Total budgeted in FY 2014-15 = $60,000 * Allocated for fundraising activities: $15,000 * Allocated for Commissioner awards: $45,000 Organization Funded Qtr Reviewed Req Unger Baney DeBone Fundraising Total Description Bend Spay and Neuter Project Y 1 7/9/2014 $1,000.00 $334.00 $333.00 $333.00 $1,000.00 Free Rabies Vaccine Clinic Central Oregon Veterans Outreach Y 1 7/9/2014 $970.00 $324.00 $323.00 $323.00 $970.00 Making Our Service Count Software Program Serendipity West Foundation Y 1 7/9/2014 $1,000.00 $333.00 $333.00 $334.00 $1,000.00 Challenge Day La Pine Park and Recreation Foundation Y 1 7/9/2014 $2,500.00 $833.00 $833.00 $834.00 $2,500.00 Frontier Heritage Park Outdoor Restrooms Cloverdale Volunteer Fire Fighters Association Y 1 7/9/2014 $2,500.00 $834.00 $833.00 $833.00 $2,500.00 Fire Hydraulic Rescue Tools NeighborImpact Y 1 7/9/2014 $2,500.00 $833.00 $834.00 $833.00 $2,500.00 Transitional Housing Program La Pine Community Kitchen Y 1 7/9/2014 $1,000.00 $333.00 $333.00 $334.00 $1,000.00 Produce Area Repair and Construction Boys and Girls Clubs of Central Oregon Y 1 7/9/2014 $1,200.00 $0.00 $0.00 $0.00 $1,200.00 $1,200.00 Annual Be Great fundraising luncheon. Central Oregon Council on Aging Y 1 7/9/2014 $500.00 $0.00 $0.00 $0.00 $500.00 $500.00 Direct mail fundraising campaign. Central Oregon Intergovernmental Council Y 1 7/9/2014 $2,091.00 $697.00 $697.00 $697.00 $0.00 $2,091.00 Cascades East Transit Public Survey Sisters Folk Festival 2 7/21/2014 $2,000.00 Economic Impact Study Total Committed Year to Date $3,824.00 $3,822.00 $3,824.00 $1,700.00 $13,170.00 FY 2014-15 Discretionary Grant Applications - Updated 7/21/2014 · ~. " ~-""",,,,,,~-...~ · ___ ______ _________ ----- ------------------ __ __, _____ ~~~4I\ti41'01.'\1_tl_~~~~~~~~,~;,W'~_':".'';;,~~~.ot~'IIi;~~~<IO'I~~,;#;i;;.P~~;;b,,,,,.,,MW~)l''l:'{~'~~~ Deschutes County Board of County Commissioners Community Grant Program Award Allocation Option FY 2013-14: $66,000 Available r--.... Category Planned Actual Arts & Culture 2 awards of $3,000 each = $6,000 1 award of $3,000 Health, Mental Health, and Addictions Treatment 3 awards of$10,000 each = $30,000 3 awards of $1 0,000 each and 1 award of $3,000 Other Essential Services 3 awards of$10,000 each $30,000 2 awards of$10,000 each and 2 awards of$5,000 each, and 1 award of $8,000, and 1 award of $2,000 FY 2013-14: $48,000 Available Category Proposed Actual Arts & Culture 2 awards of $4,000 each = $8,000 TBD when awarded Health, Mental Health, and Addictions Treatment 2 awards of $10,000 each = $20,000 TBD when awarded 1-. Other Essential Services 2 awards of $10,000 each $20,000 ----------­ TBD when awarded