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HomeMy WebLinkAbout2014-08-13 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 1 of 8 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 WEDNESDAY, AUGUST 13, 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, Dave Doyle and Laurie Craghead, County Counsel; Nick Lelack, Paul Blikstad and Peter Gutowsky, Community Developments; James Lewis, Property & Facilities; and about a dozen other citizens. No representatives of the media were in attendance. Chair Baney opened the meeting at 1:30 p.m. ___________________________ 1. Work Session to Discuss Scheduling/Status of COID Appeal. Nick Lelack explained that scheduling options would not be discussed today, due to a letter dated August 13, 2014, from counsel for COID putting the issue in abeyance for a few months. Chair Baney said the reason for the request is unique. Mr. Lelack read the letter into the record at this time. (A copy is attached for reference.) Liz Dickson asked that the document be corrected to show March 2015. Copies were provided to those in the room who wanted one. Chair Baney stated that she does not want a misunderstanding as to who is providing the funds to engage in this process. The Board of Commissioners is not taking a role in this process nor a leadership role, or financial commitment. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 2 of 8 Pages She added that the Board would set its own schedule as to which dates are available for meetings, as it is unknown at this point; but will commit to a decision before March 25, 2015. Dave Doyle noted that these are understood to be tentative dates for various meetings. Commissioner Unger supports these efforts, as does Commissioner DeBone. More communication can be very helpful. Chair Baney wants to be sure they are able to work with the homeowners’ association so there is a single voice for the homeowners. Craig Horrell, Manager of Central Oregon Irrigation District, said he has talked with a few residents, but it is hard to talk with all of them. This was a best guess for scheduling so everyone can start to think about engaging in a better way. He hopes they can come together for some real discussions. Chair Baney looks forward to being kept informed on their progress, so the Board can either allow more time or move forward in the process as necessary. Mr. Horrell added that he wants to continue this dialogue so all parties are heard, so this is an opportunity to work together. An individual asked for a copy of the letter from the supporting partners indicating they will keep funding in place for a year. Chair Baney requested a copy from COID since the County has not received one either. She will provide a copy of her letter to COID about scheduling a final decision. Both of these will become part of the record. Chair Baney wants all to be aware of the notification process as this moves along. DEBONE: Move that this file be tabled, pending further communication from the parties. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 3 of 8 Pages 2. Update on U.S. EPA Community-wide Brownfields Assessment Grant. Peter Gutowsky gave an overview of this three-year grant. $400,000 was received last spring, but it took this long to go through the RFP process and hire a consultant. Staff has been working with the cities of Bend and Redmond, and asked Sisters and La Pine if they wanted to be involved. The grant leverages two specific categories. The cities of La Pine and Sisters have decided not to be as active as Redmond and Bend. About $360,000 is allocated to the consultants for area-wide planning. It was thought that some could go towards the demolition landfill. However, Deschutes County is the responsible party and needs to determine the highest and best use. The demo landfill is not eligible for these particular funds. The goal is to try to leverage projects with municipalities. Redmond and Bend staff chose using the funds for Redmond’s downtown. It is in an urban renewal district, has a market analysis in place, and a recent housing study was done. It was a perfect fit for the project. The City of Bend indicated the timing and readiness is not there yet for them. There are other projects in play that need to be concluded first. Therefore, the remaining $90,000 will go towards these efforts in Redmond. There are not many opportunities for this kind of project in the rural parts of the County. The Lower Bridge mining location does not fit. Nick Lelack said the funds are for more area-wide work and the mining location is handled differently. Mr. Gutowsky added that Phase II of the grant is for community-wide assessments of eligible properties. If these properties are to be sold or developed, this kind of work needs to be done. They will prepare public notices and press releases to promote this opportunity. There should be enough funding for eight Phase I site assessments, and up to ten Phase II assessments, plus some for actual work. They are beginning to convene a brownfields advisory committee of perhaps twelve members, to make recommendations and gather input to help staff with allocation decisions and prioritizing. They hope to convene the group in October. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 4 of 8 Pages Commissioner Unger said that there are three areas of concern to him. One is the dicolite mine on Lower Bridge; also the Redmond tallow plant, which is now abandoned for that use; and a World War II airbase area where there might be asbestos, at the Redmond Airport. Chair Baney stated they need to have a willing property owner. That might not be possible with the dicolite mine owners. She asked if this could be used for the Redmond shooting range. Mr. Gutowsky said it could not since the County owns it. However, the consulting firm can contract with the County to review this property and any remediation plan. Tm Anderson said this was contracted outside the grant and paid from County funds. The user was a leaseholder and the County is responsible. Commissioner DeBone asked if it is all meant for private property. Mr. Gutowsky said that it does not have to be privately owned; for instance, it could be property acquired by the Bend Metro Park & Recreation District, if they apply for an assessment. Mr. Lelack said that in Redmond it includes a boundary around several blocks. The City played a significant role in the urban renewal part, and the County will need to know the specific properties to be examined through this grant . Mr. Gutowsky said that the City of Bend was asked if they are interested in area-wide planning around the demo landfill, but this would mean finding properties in that area that fit. The City’s priorities are elsewhere at this time. They need willing property owners to do this in a timely fashion. They want to keep this type of program rolling into the future, as these grant funds are often seen as seed money for this kind of work. Mr. Lelack stated that Redmond has the infrastructure and plans in plac e to proceed, while Bend does not. Chair Baney asked if Matt Day has been asked regarding his property near the demo landfill. Mr. Gutowsky stated that he has indicated he is not interested at this point, and not ready to develop. Mr. Lelack said one pot is for the redevelopment; there is another potential source of funding for other work. Mr. Gutowsky stated that it would make sense to go through the City of Redmond regarding the tallow plant. The dicolite mine owners could be contacted to participate in a meeting, and the same for Matt Day. Staff has spent a lot of time in strategic planning to make sure the City of Bend is aware of the opportunities. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 5 of 8 Pages Tom Anderson asked if Tumalo and Terrebonne had representation in this initial overview. Mr. Gutowsky said that from an area-wide planning standpoint, there was no cluster of properties that stood out. Mr. Lelack said the consulting team indicated which areas made sense. Nothing in the rural County really fits, as they want to leverage other funds as well. There is an application and eligibility process as well, to validate whether a property is a brownfields site. Commissioner Unger asked about a horse meat processing plant that operated in the past. The wrecking yard at 5th and 6th is another potential site. Chair Baney asked how they would decide who should be on the committee. Mr. Gutowsky said he reached out widely to see who is interested, and this will continue to generate more interest. 3. Other Items. Chair Baney said a Bulletin article indicated that the County has not been supportive of the proposed OSU campus. She was very disappointed by this, because the County has provided support and is a partner in waiting at this point. Mr. Gutowsky said the County did not compete for a TGM grant so it could go entirely to the OSU project. Chair Baney said there is a lease in the works for parking on County land. Commissioner DeBone stated that he thinks the editor expected the County to just write a check. Commissioner Unger noted that the County invested in other projects to help OSU and helped others find their way. Chair Baney asked for some talking points as to what the County has done and is doing, with transportation studies, grant funds and other processes. She asked the role of the County in this issue, when some want general funds to go towards this. Mr. Lelack said that staff participated in countless meetings to bring the partners together over the past year, explaining what they need to do to move it forward. Chair Baney stated she would share her feelings with Councilwoman Barram and Becky Johnson. She is being misquoted, and takes exception with what is being printed. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 6 of 8 Pages Mr. Gutowsky said CDD staff has collaborated extensively with the City, and they have made a lot of progress. The Planners of both are not happy about how their efforts are being described. ___________________________ Susan Ross brought documents to the Board regarding the Sisters clinic. She said the project is moving along. The County needs to accept a conveyance of real property from McKenzie Village, LLC to clear the title. UNGER: Move acceptance of the conveyance deed, Document No. 2014-452. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. ___________________________ Ms. Ross stated that the jail project would reach substantial completion by the end of August, with the punch list handled in September. ___________________________ The Board discussed the idea of rearranging the building lobby to accommodate an information desk. ___________________________ Regarding the City Club luncheons, Mr. Anderson said he would check with them to find out if the County can get the nonprofit rate or if other arrangements can be made. ___________________________ Mr. Anderson said that there has been a request for $600 from Leadership Redmond. Commissioner DeBone stated he had advised them to fill out a regular lottery request form. Commissioner Unger noted that they ask each year, and this is not needed until next year. ___________________________ Regarding mediation services, Mr. Kropp met with Central Oregon Mediation Services regarding their agreement. There is another party interested in contracting these services. The contract is for $30,000. He said they should consider using an RFP process. Minutes of Board of Commissioners’ Work Session Wednesday, August 13, 2014 Page 7 of 8 Pages They have been considered a service partner in the past, and those services are used by various departments; Justice Court would like an additional day. Commissioner Unger said that Central Oregon Mediation does pro bono work for some organizations, so the County is supporting them in engaging more with the community. He asked if the other group would be willing to do this also. Chair Baney said that Cascade Mediation is wondering how to go about competing for the contract. Mr. Anderson said this would be discussed later at a work session, as they revisit the original partnership and how it was established. Mr. Kropp noted that Central Oregon Mediation has been around for decades. If they change over to a private company and Central Oregon Mediation either went away, or the private company increased fees, they would not then have Central Oregon Mediation to go back to. Mr. Anderson said that they could shrink the contract or go to a qualified pool. Chair Baney asked if Central Oregon Mediation would want to be present to talk about this at a work session. Mr. Kropp said that Judge Fadeley is happy with their services, and they seem to be able to meet increasing demands. Their Director left last year, and they just hired a new one. They lost grants over the past few years, making it harder to operate, while the need went up. They are also working with a group on foreclosure avoidance, and this should help with their funding. He suggested that Cascade Mediation also sit in on the work session. ___________________________ Commissioner DeBone asked about a dog nuisance issue. Chair Baney said she is going to meet with Capt. Utter of the Sheriff’s Office on this, as it seems to be a neighbor-to-neighbor conflict. Commissioner DeBone stated that perhaps the Dog Board could consult on tis. Dave Doyle said that John Laherty is coordinating with the Dog Board on this issue, and there may not be an actual problem. Chair Baney noted that there might also be zoning issues at play. The Sheriff might consider it a training opportunity for deputies. The people want a County Code change for a neighborhood issue. Dave Doyle said that they could use the Dog Board to figure it out, but they will not want to get involved every time there is a dog complaint. Mr. Anderson stated that this is the responsibility of the enforcing agency. Chair Baney said it is probably an interpretation of what the officer does when he arrives there. The Sheriffs Office needs to be involved. It is apparently a two-party rift and there have already been multiple citations. Being no further items discussed, the meeting adjourned at 3:00 p.m. DATED this 3r':!1 Day of ~~2014 for the Deschutes County Board of Commissio~m Tam~~i l Anthony DeBone, Vice Chair ATTEST: Alan Unger, CommIssioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, August 13,2014 Page 8 of 8 Pages ______________________________________ 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 of Commissioners’ meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you 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 poss ible, please call (541) 388-6571, or send an e-mail to bonnie.baker@deschutes.org. _________ ______________________________________ 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., WEDNESDAY, AUGUST 13, 2014 ___________________________ 1. Work Session to Discuss Scheduling/Status of COID Appeal – Nick Lelack 2. Update on U.S. EPA Community-wide Brownfields Assessment Grant – Peter Gutowsky 3. Other Items ~I QJ ' I: o ..1: 1 Q.. ! + -~ - '", QJ CO c.. 4­o MEMORANDUM DATE: August 13, 2014 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner Nick Lelack, Community Development Director RE: Central Oregon Irrigation District Text Amendment (File No. TA-13-4) Status & Scheduling Options Central Oregon Irrigation District (COID) applied for an ordinance text amendment to amend Deschutes County Code Title 19, Chapter 19.20, Suburban Low Density Residential Zone (SR- 2.5), to add the following use to the list of Permitted Uses in 19.20.020: E. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District, except as provided in DCC 18.120.0501. The Board held a work session on this application on June 16, a site visit/tour of the proposed canal piping area on June 30, and public hearing on July 2, 2014. The record closed on July 16, 2014. The written record can be viewed (and printed if requested) on the County’s website2. Previously, the Planning Commission recommended denial of this application after conducting a working session on January 27, three public hearings on February 13, March 13, and March 27, 2014. The Planning Commission also conducted a site visit/tour on March 27. The purpose of this work session is to discuss the status of the application and scheduling options. SCHEDULE OPTIONS: 1. Schedule a work session to discuss the substance of this application. 2. Schedule deliberations at a regular Board meeting. 3. Re-open the record and public hearing(s) before the Planning Commission and/or Board to consider new information and/or revisions to TA-13-4. 4. Table the text amendment. 1 The applicant’s proposal referenced DCC 18.120.050, which is part of Title 18 not Title 19. If the Board were to approve the requested amendment, staff believes the reference should be to DCC 19.92.130. 2 http://lava5.deschutes.org/research/index.cfm?fuseaction=research.getAllDocs&pid=171232AC03600 747 SW Mill View Way. Bend . OR 97702HURLEY RE 1---------------­ 541-317-5505 • Fax 541-317-5507· wwwhurley-re .com ATTORNEYS AT LAW P.C. August 13,2014 Board of County Commissioners Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 Re: TA-13-4 Abeyance Request Dear County Commissioners, Our firm serves as general counsel for Central Oregon Irrigation District (COID) in its application for a text amendment to allow piping as an outright use in the S.R. 2.5 Zone. We respectfully request that this application be held in abeyance for a few months to allow us to further explore issues raised in comments to the pending application. To that end, COID's new manager, Craig Horrell, has consulted with the District's funding partners in the Juniper Ridge II project, the subject of the pending text amendment. He has received written confirmation from all partners of their support of this critical project and their willingness to hold committed funds for another year to allow us to pursue a process to explore comments. The funding partners' cooperation is due, in part, to Chairperson Baney's letter dated August 4,2014, which states that the Board of County Commissioners (BOCC) will decide on COID's application on or before March 25, 2015 . COlD appreciates the County's cooperation with this piece of the plan to make exploration of comments possible. On August 12,2014, the COlD Board of Directors agreed to ask the BOCC to hold its TA-13-4 application in abeyance. The Board also committed necessary funds to engage a professional facilitator to conduct a process that is tentatively planned to occur in two parts: 1. Assessment of mediation as a means to explore, understand, and potentially reach compromise on implementation of COID's Juniper Ridge II piping project; then 2. Mediation to that end. Each phase is anticipated to require approximately 3 months including summary of result by report. Assessment is customary and recommended in cases where parties have significant differences of opinion on a best result. If the assessment report indicates that the mediation has a reasonable expectation of success, mediation is recommended and will follow if all parties are willing to engage in the process . The proposed assessment and mediation will be perfonned by a neutral third-party facilitator. Following the assessment, the facilitator will issue a report on or around November 15, 2014, as to whether a fonnal mediation process would be beneficial. Please see the proposed schedule attached for further detail on this concept, offered for infonnation only. In t.he spirit of open communication, diaJogue, and finding a coJIaborative solution, COlD hopes and that all interested parties will agree to participate with this assessment during this "time out" in the legislative process. Sincerely, Elizabeth A. Dickson EADlhoh Cc: client Enc. I:\data\liz\client files\c\coid\abeyance letter to county 8. 13. 14.docx 2 I I 1 ) j I Proposed Assessment and Mediation Schedule / ,j 1 Aug. IS -Nov. 15,2014: Assessment Phase 1 Facilitator conducts assessment of process success with group (38 neighbors + 2 COID + Des Co SO max.) Meets with small groups (IS meetings of3·4 at a time) and reports findings oflikely process success to allI parties.I Parties evaluate assessment and decide whether to proceed (!ncl. COID at Nov. II meeting, BOCC at Nov. 12 I I meeting). Nov. IS -Mar. 24,2015: Mediation Phase Nov. IS-Jan. IS Parties enter into mediation process with facilitator, by design as recommended by facilitator. Format customarily includes education phase, evaluation of alternatives phase, creative compromise phase, based on findings in Assessment phase. Jan. 15 -Jan. 30,2015 Facilitator writes report and submits to parties for review. Feb. 1 Feb 15,2015 Parties provide draft comments and report finalized. Feb. IS -Feb. 28, 2015 Final report considered by BOCC and Des Co staff. March 4,2015 BOCC Work Session on TA 134. March 25,2014 BOCC deliberates and votes on ratification of T A 134. -OR· Nov. 15 -Dec. 3 L 2014: Decision Phase BOCC takes TA 134 out of abeyance because mediation not recommended. Work session scheduled to proceed with consideration ofTA by end of2014. Community Development Department Planning Division Building Safety Division Environmental Soils DM,ion PO Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 {S41)388-657S FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ DATE: August 5, 2014 TO: Board of County Commissioners FROM: Peter Gutowsky. Principal Planner RE: U.S. EPA Community-wide Assessment Brownfield Grant I Update Background In May 2013, the U.S Environmental Protection Agency (U.S. EPA) selected Deschutes County for two brownfields assessment grants totaling $400,000.00. After finalizing a cooperative agreement with U.S. EPA, the Community Development Department (COD) released a Request for Proposals, seeking a qualified consulting firm to assist in implementation. COD received thirteen proposals. A review committee selected APEX Companies, LLC, and a contract was signed in November 2013. Update APEX Companies is now collaborating with COD and the Cities of Bend and Redmond to build a systematic inventory of hazardous and petroleum brownfield sites, conduct Phase I and Phase II environmental site assessments, perform remediation and redevelopment planning, and provide community outreach activities in rural Deschutes County and Bend and Redmond. The project's first phase, to conduct preliminary brownfield inventories, started in December. Grant resources are also funding Area Wide Planning and environmental site assessments. Area Wide Planning The Brownfield grant dedicates $90,000.00 for Area Wide Planning (AWP). AWP offers resources to conduct research, technical assistance and training that can result in an area-wide plan and implementation strategy for key brownfield sites. This information can then help inform the assessment, cleanup and reuse of brownfield properties and promote area-wide revitalization. Recognizing that an overwhelming majority of eligible brownfield sites are located in Bend and Redmond, Apex Companies met with city representatives from both jurisdictions in June to discuss opportunities to perform AWP. Based on the results of those discussions, it was determined that the northern section of Redmond's downtown area warranted the resources. The timing and readiness to utilize AWP funding offer extraordinary advantages in Redmond. It dovetails with the City's existing efforts to revitalize the area. including an urban renewal district, market analysis, and recently completed housing study. Environmental Site Assessments Brownfields are properties where previous uses such as former gasoline stations, dry cleaners, and industrial operations may have left behind contaminants. Brownfield redevelopment often requires environmental site assessments (ESAs) and regulatory review. To help property Quality Services Perfonned with Pride I owners navigate these processes and access resources that can help pay for the assessments and review, approximately $264,000 of the brownfield grant provides ESAs for eligible properties, and gives technical assistance to property owners, citizens, businesses and other stakeholders. Phase I ESAs involve a review of records, site inspections, and interviews with owners, occupants, neighbors and local government officials. Phase II ESAs include sampling and laboratory analysis to confirm the presence of hazardous materials. A Brownfield Advisory Committee will be established to assist staff in making allocation decisions for the ESAs. In September, two public meetings one in Bend, the other in Redmond will be held to discuss the U.S. EPA grant, promote brownfield redevelopment, and offer additional resources to eligible property owners throughout the county for ESAs. Speakers will include representatives from Deschutes County, the Cities of Bend and Redmond, and Apex Companies. • September 1th at the Deschutes Services Center, 1300 NW Wall Street in the DeArmond Room in Bend from 6:00 to 8:00 p.m. • September 24th at Redmond City Hall, 716 SW Evergreen Avenue, Conference Room A from 6:00 to 8:00 p.m. -2­ CITY CLUB event attendance 2013 Oct Nov Dec Tom Anderson x x Alan Unger x x Tammy Baney x Tony DeBone x Anna Johnson Registration Fee $35.00 Tom $175.00 Alan $245.00 Tammy $35.00 Tony $210.00 Anna $35.00-.-;..---­ Total $700.00 Jan x x Feb x Mar x 2014 Apr May x x June July x Aug x x x x x x x Member Benefits Individual: $150 • Involvement in non-partisan civic programming of distinction, integrity and high quality • Direct access to regional leaders and policymakers across all sectors-business, government, academic, arts, and non-profits • Networking with a diverse City Club membership concerned about important issues in our community • Discounts on forum lunches ($20 for members versus $35 for non-members) • Invitations to City Club member-only events. • Advance notice offorums through emails and mailings • Voting privileges Small BusinesslNon Profit (two members): $350 • All benefits included in the Individual membership • Your business may select any two people to attend each of our forums • Web link in the online City Club directory • Introduction of your business to City Club members at members-only events Corporate (five members): $950 • All benefits included in the Individual membership • Your business may select any five people to attend each of our forums • Your logo, business description & web link in the online City Club directory • Introduction of your business to City Club members at members-only events • Recognition as a supporting forum sponsor at a forum of your choice ($250 value)