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HomeMy WebLinkAbout2014-07-28 Work Session MinutesFor 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 IDESCHUTES COUNTY BOARD OF COMMISSIONERS IMONDAY, JULY 28,2014 I f• 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 ofthe meeting, Chris Doty and George Kolb, Road Department; Ed Keith, Forester; JeffHall, Court Administrator and Judge Alta Brady; Dave Doyle, County Counsel; Susan Ross and James Lewis, Property & Facilities; and media representatives Richard Coe ofThe Bulletin and Kellen Pierce ofKBNW radio. Chair Baney opened the meeting at 1:30 p.m. 1. Discussion of Signature of Letters. • Comments to FEMA on Categorical Exclusion for fuels reduction projects. Ed Keith gave an overview of the letter regarding the application of funds to reduce wildfire fuels. The categorical exclusion is limited to 100 acres and will not work with the County's projects. A larger acreage amount would be more meaningful. I The defensible space treatment could be up to 4,000 acres. Commissioner f I IUnger asked if the intent of the NEPA study could be handled in another way. Mr. Keith said the conclusion is there is no measurable impact, and the idea is to mitigate a disaster before it happens. [ I I Minutes of Board of Commissioners' Work Session Monday, July 28, 2014 Page 1 of 6 Pages Minutes of Board of Commissioners’ Work Session Monday, July 28, 2014 Page 2 of 6 Pages Chair Baney feels that this process is a misalignment of dollars when they are dealing with developed neighborhoods. Commissioner DeBone pointed out there would likely be an overlay in place if an area is considered sensitive. Mr. Keith added that this is something that is checked at an early stage in the process. Chair Baney asked if letters to the Representatives and Senator could be sent specifically, asking them for support. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes.  Comments to ODF and DEQ regarding prescribed fire smoke management. Mr. Keith said that the public is being advised of s moke management issues when the various agencies are doing prescribed burns. One such burn resulted in an intrusion, and there is zero tolerance for this in Bend or Redmond. The Department of Forestry and Forest Service met to discuss how to better to control this. There is urgency in having these treatments handled in a proper manner. The Oregon Department of Forestry and Department of Environmental Quality are being encouraged to consider this, rather than having to deal with uncontrolled smoke from wildfires. Commissioner DeBone said they are looking for optimal conditions and to burn in the best possible way, rather than dealing with an unexpected fire. Chair Baney stated that this is just one way they try to proactively deal with fire mitigation. DEBONE: Move approval. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Work Session Monday, July 28, 2014 Page 3 of 6 Pages 2. Approval of a Request for s National Fire Plan Community Assistance Grant for CWPP Areas. Mr. Keith provided an overview of this grant, and said that others had already been approved. This would help fund the CWPP in the Sunriver and La Pine areas. UNGER: Move approval. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Update on Courthouse Project. Susan Ross provided a handout that the State drafted regarding how the State allows for Courthouse improvement funding. There is a task force of the Chief Justice and AOC working on this. She and Jeff Hall have been to State meetings in this regard. This County’s project does not meet the bond funding criteria, so falls under another category. Some of the funding would be contingent on getting another judge here. Mr. Hall said that they are in a mix of smaller projects. There is a secondary option in the legislative process that may not be as competitive. Chair Baney said they could just let the buildings go until they meet th e criteria, but the cost would then be five times as much. The criteria need to be modernized. Ms. Ross stated they are out of space now so need to build for the future. They are looking at an addition with two floors. Mr. Hall said they would have to amend program this during the legislative process. AOC may want an amendment clarifying this as well, to show co - location of a State office. Ms. Ross stated that the decision was that the D.A. Office does not constitute a State office. The D.A.’s are trying to work on the legislation in this regard. I I Tom Anderson asked if they considered the 500/0 match. Mr. Hall said there was not a lot of dialogue in this regard. They spent more time reviewing the bonded projects. Ms. Ross feels the readiness to proceed is very important. OJD staff is aware of the commitment from the County. The County is almost penalized for taking care of the buildings as well as it does. Judge Brady said that they do not need four courtrooms yet, but the shell could be in place. Ms. Ross added that they could possibly lease the space out until needed. Chair Baney asked how the Board can help. Mr. Hall said that it would be good to work with AOC to encourage this project and change the criteria. He will prepare an application process for the Chief Justice for a bonded project, to show that the County is ready to go. It may be addressed in the 2017-19 session, but if they get a judge in 2015-17, they will not be ready with the appropriate space. Ms. Ross will bring general ideas for expansion of the Courthouse to the Board at a later date. 4. Other Items. The Board met in Executive Session, under ORS 192.660(2)( e), real property negotiations at 2: 1 0 p.m. No formal action was taken. Nick Lelack said there are two Planning Commissioner candidates, both from Redmond. He and others will conduct an interview process. Commissioner DeBone would like to speak with both if he is available. Chair Baney said Peter Gutowsky did an excellent job with his presentation this morning at the Oregon Economic Development Association conference. Chris Doty spoke about Wanona Road, which connects into Holmes Road, and Gold Coach Road in Sunglo West subdivision, Sisters. Wanona Road is dedicated to the public for ingress and egress, as a local access road serving eight parcels. Some property owners want to pave it; others do not. The County has no mechanism to deny the request to improve it since there is no cost to the County. The residents will have to arrange to survey property lines. Minutes of Board of Commissioners' Work Session Monday, July 28, 2014 Page 4 of 6 Pages Minutes of Board of Commissioners’ Work Session Monday, July 28, 2014 Page 5 of 6 Pages Those who do not want it improved will not be responsible for paying for this work or for maintenance. The issues seem to be that the property owners who do not want paving done desire to keep it unimproved for the rural nature and speed concerns. Mr. Kropp said that he has been working with staff in Road, Assessor and Legal, and will provide a response to each question. Chair Baney wants all who have contacted the Board to get a response. It is not suitable for a public hearing since the Board has little control over the process. The letter will be signed by the Board since they were all contacted by the property owners. ___________________________ Regarding a request for the Board to attend a meeting, the property owners in Lechner Estates need to come together to work out the details of the lot line adjustment process. Mr. Anderson stated it comes to consensus, as the County cannot help if they are not unanimous. Chair Baney stated it would be good to have staff available to answer questions, but the property owners must be in agreement. It needs to involve a property owner-lead process. ___________________________ Mr. Kropp said that there is a “fly friendly” program being reviewed, similar to Hillsboro, which encourages a better process for flights around the Bend airport. Who has jurisdiction is a key point, and citizens need to be aware of the County’s limited role. Commissioner Unger asked when the Bend Airport Master Plan would be coming to the Board, since it is long past due. Mr. Lelack said that a plan amendments coming to the Planning Commission soon, and the Airport Master Plan might come to the Planning Commission this fall. ___________________________ The Eastern Oregon Counties’ Association meeting is this Friday, August 1. Commissioner DeBone may be able to attend briefly, although he is involved in County Fair events. ___________________________ Chair Baney said the OLCC wants to start meeting County Commissioners to review policies. The Sheriff’s Office, CDD and other departments have a role in the process. Being no further items discussed, the meeting adjourned at 2:50 p.m. DATED this ~1!2 Dayof (}vt&~ 2014 for the Deschutes County Board of Commissioners Tammy Baney, Chal Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner Recording Secretary Minutes of Board ofComrnissioners' Work Session Monday, July 28 , 2014 Page 6 of6 Pages 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 28, 2014 1. Discussion of Signature of Letters: -Ed Keith Comments to FEMA on Categorical Exclusion for fuels reduction projects Comments to ODF and DEQ regarding prescribed fire smoke management 2. Approval of a Request for s National Fire Plan Community Assistance Grant for CWPP Areas -Ed Keith 3. Update on Courthouse Project Susan Ross 4. Other Items Executive Session, under ORS 192.660(2)( e), real property negotiations ­ Susan Ross PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)( d), 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 ofCommissioners' meeting rooms at 1300 NW Walt St., Bend, unless otherwise indicated. Ifyou 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, FREQUENTLY ASKED QUESTIONS ABOUT COURTHOUSE FUNDING May 2014 Q1: Is State funding available to help counties build or improve courthouse facilities? Yes, with some limitations. Providing "suitable and sufficient" court facilities remains a statutory responsibility of the county (DRS 1.185). The Legislature has made some State funding available, and given the Chief Justice the responsibility of submitting a prioritized list of requests for State assistance for capital improvements to county courthouses every two years as part of the Chief Justice's Recommended Budget. 02: What are the restrictions on State funding assistance? State bonds can be used to contribute up to 50 percent ofthe cost of a courthouse replacement project if the project meets three statutory criteria: 1) The courthouse has significant structural defects, including seismic defects, that present actual or potential threats to human health and safety; 2) Replacing the courthouse is more cost-effective than remodeling or repairing the existing courthouse; and 3) Replacing the courthouse allows for co-location of other State offices with the court. Projects not meeting those criteria can receive State financial support from non-bond sources. This generally is used for lower-cost projects for critical repairs or improvements, not for courthouse replacement. 03: What else does a county need to know about the state bonds for replacement projects? • The state match is applied only to the portion of the courthouse that the county is required to provide under ORS 1.185. It is not applied to the entire project cost. • The state's match is limited to 25 percent if no state offices are co-located in the courthouse and 50 percent if state offices are co-located there. • The county can use the value of land owned or purchased by the county for the new courthouse as an in-kind match. All other county matching funds must be cycled through a State account to be counted as match. • State bonds can be used only if the State "owns or operates" the portion of the facility funded with state bonds. The county must enter into a lease or intergovernmental agreement with the State to meet that requirement. ------------~----'-------------------------------------, '. .. Counties Requesting 2015-17 State Funding Assistance for County Courthouse Projects See responses to AOC questionnaire for more information Replacement Projects (for state bond funding. N=6) I SummaryRequested State AmountCounty $2,000,000 Construction funding Crook $ '.6,500,000 Construction funding Hood River $1,461,550 Ongoing project. Will be included in Chief Justice budget unless funding completed in 13-15.Jefferson Planning/development money. $1,400,000Lane • Multnomah $17,400,000 Ongoing project. Will be included in Chief Justice Budget Construction funding Tillamook $7.875,000 Chief Justice will request a maximum of $35 million in bond authority in 2015-17.Total _~,636,550 1\0 b'S~ ~~ Improvement Projects (non-bond funhing. N=12) County Requested State Amount Summary Clatsop $124,160 Replace roof, back-up generator, video, facility assessment. County 50% match Columbia $190,000 Replace elevator. Possible county match. Coos $94,624 Heat pump system Deschutes $4,500,000 Major expansion. County 50% match. Douglas $170,000 Single point of access (lOOK), reconfigure courtroom if new judge provided (70K). Grant $425,000 Elevator (ADA) and new windows. Has additional requests, but no cost estimates. I Harney $530,000 Replace oil-fired boiler. Future request for replacement plumbing. I Josephine $600,000 Single point of access (security/ADA elevator Malheur $275,000 Elevator (ADA). Contaminated soils might add cost. Tillamook $2,475,000 CFA funds for construction Wallowa $1,500,000 Elevator, electrical, replace roof, sprinkler, county offices. Unspecified county match available. Wasco $40,000 Replace main electrical panel. Total $10,923,784 Likely request in 2017-19 or 2019-21 Clackamas, Clatsop, Coos, Deschutes, Harney, Jackson, Lane, Linn,Multnomah, Polk, Sherman, Wheeler In process, no $ before 2019-21 Washington Significant defects, $ wlln 10 years Clackamas, Lincoln, Sherman No plans in the foreseeable future Marion 6/26/20145:00 ~ -~----------- November 4, 2013 Page 11 of 2 FONNESBECK,ARNOLD B & DIXIE GIVOT, IRVING &WINIFRED GOOD, LIZABETH A ET AL 1333 N DEER CREEK PL 18190 WANONA RD PO BOX 1597 MERIDIAN, ID 83642 SISTERS, OR 97759 SISTERS, OR 97759 JUMPING JUNIPER RANCH LLC NEIL, DARBY J & JANA M RAAF, LARRY E& CATHIE L PO BOX 2270 PO BOX 1968 2360 BRUSH COLLEGE RD SISTERS, OR 97759 SISTERS, OR 97759-9312 SALEM, OR 97304 SCHROEDER,DAVID R 1726 NW KINGS BLVD CORVALLIS, OR 97330 RE: Wanona Road -located in Sunglo West To our good neighbors, the Fonnesbeck, Givot, Good, Hodge, Neil, Raaf, and Schroeder Families: We share some things in common. For one, the natural landscape of the area in which we live is admired and appreciated by all of us who own property here. We also have in common, Wanona Road -the public easement for ingress and egress -located between Holmes Road and the Givot's east property line. You utilize this portion of the easement to travel to and from your residential properties. We live in Sunglo West and this portion of Wanona Road is fully contained within the property lines of our six (6) properties. The land upon which it is located is included when the county calculates our property taxes. We are aware that you have an interest in paving the entire length of Wanona Road. As the property owners of Wanona Road between Holmes Road and the Givot's property, we are collectively opposed to the paving of this portion of the easement. We hope that we can come to an amicable solution to this issue. For the record, we the Sunglo West property owners upon whose properties a portion of Wanona Road exists completely within our south property line as a public easement, agree that: 1. Our position on this matter concerns only the portion of Wanona Road that exists on our properties (between Holmes Road and the Givot's east property line); 2. We have a material, financial, and legal interest in what exists and occurs on our properties; 3. The portion of Wanona Road existing on our properties, meets the original intent of the Page I 2 of 2 public easement and is in adequate ingress and egress condition; 4. We do not support paving or any changes to the portion of Wanona Road existing on our properties, now or in the future, that would result in one or more of the following: a. A change to the original intent of the easement; b. An increase in our property taxes; c. An increase in the speed of vehicles using the easement; d. Attraction of individuals to use Wanona Road for non-residential purposes and possibly illegal activity (i.e. vandalism, joy-riding); e. An obligation for maintenance on our part; f. An increase in the current Width of the utilized easement; g. Degradation of the rural character of the area which we all live. 5. Deschutes County should acknowledge and respect 1-4 above and therefore not approve a permit for any changes to the portion of Wanona Road existing on our properties that now or in the future would result in one or more of 4a - g above. To reiterate, we hope that as good neighbors, we can come to an amicable solution to this issue. Sincerely, FRIEDLI, HANS ~,~~r:fs:~~ij 1E381 GO COACH RD PO BOX 1938 18233 GOlDCOACH RD STER 0 759 SISTERS, OR 97759 SISTERS, OR 97759. . "­ ~~~~NY &J;}f rzt;:!::-:MITH'SAM &JUDY PO BOX 32 18255 GOLDCOACH RD 18277 GOLDCOACH RD SISTERS, OR 97759 SISTERS, OR 97759 SISTERS, ORK~ r) ~ (~/1(J---rJ~ Copy: Deschutes County Road Department Enclosure: Irv Givot's letter to Darby Neil 12j05j12; Sunglo West Tax Map