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HomeMy WebLinkAbout2011-10-31 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, October 31, 2011 Page 1 of 6 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 31, 2011 LOCATION: Road Department, 27th Street, Bend ___________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Erik Kropp, Interim County Administrator; Nick Lelack, Community Development; George Kolb and Randy McCulley, Road Department; Chris Bell, County Counsel; media representative Hillary Borrud of The Bulletin; and five other citizens. Chair Baney opened the meeting at 1:35 p.m. 1. Discussion of Wilderness Designation Areas. Chair Baney said she sat in on the open house regarding the Whychus Wilderness Study area. There were a lot of concerns regarding emergency access out of Crooked River Ranch, and enforcement of the wilderness designation. There was no compelling argument regarding how this being a wilderness area would result in the changes the community wants. She feels they are not at all related. She said they spoke about an emergency access road and lining this up with a wilderness designation and BLM land, but to say you get one with the other is not related. This is not the proper approach regarding the access road. Commissioner Unger said this may have to do with attempts to encourage federal legislation, but the access road was supposed to have been supported by the BLM and they were to help move it forward. There are three wilderness areas proposed for the area. Commissioner Unger said he keeps coming back to whether the BLM does a good job of maintaining their lands today, and if there an advantage to changing the designation. He prefers to allow for adaptability, appreciating the natural aspects and let ting the BLM manage it as appropriate. Minutes of Board of Commissioners’ Work Session Monday, October 31, 2011 Page 2 of 6 Pages Chair Baney said it takes an Act of Congress to take it out of the study area. What is proposed is the actual wilderness designation. Commissioner Unger stated that these study areas have been on the books for so long that the BLM is probably trying to find ways to clean those up. They want to bring this to closure. Commissioner DeBone said that just being a study area locks up the land also. He is not motivated to have a permanent designation, but likes the way it is handled already. Chair Baney said Joe Stutler, the County Forester wants the County to remain more neutral. There is also a request to oppose the Whychus designation. There needs to be transparency. She sat in the presentation by ONDA, and would be hard pressed to change her view by a presentation, but if the Board is going to move forward taking a position to oppose, there needs to be an open process before that happens. Both sides of the issue need to be examined. If the County wants to remain overarching, they can basically say no change is needed. Commissioner Unger said ONDA presented to the Watershed Council. He abstained at the time but did hear their comments. He would be hard pressed to support this, because a wilderness area could be pieced together with a lot of private land included. Commissioner DeBone said he was briefed last year, and he is concerned about the farming in the area and the pressure on them to possibly change farming practices. He feels someone who is trying to farm should be empowered to keep doing what they are doing. He does not feel the need to open discussion with ONDA at this point. Commissioner Unger would like to take a stance at a higher level . Jefferson County made the point and he does not feel Deschutes County needs to do the same. Chair Baney asked for decision points, either via a letter or a vote. The federal government needs to provide more enforcement in the areas in any case. The issues such as mud bogging, trash dumping and other problems have to be addressed. If they are going to have rules and laws, they need to enforce them. Minutes of Board of Commissioners’ Work Session Monday, October 31, 2011 Page 3 of 6 Pages Commissioner Unger stated this is an issue ever ywhere on federal property. Even though this is a study area, it is obviously not monitored closely enough at this time. Commissioner DeBone said the federal government can be asked to do more, but that is unlikely to happen. Chair Baney stated the community seems more concerned about not necessarily a designation, but good management of the land. Some people feel the designation will get this closer to protecting this land. Commissioner Unger stated that the Board should talk to BLM about this first. Commissioner DeBone wants to be sure whether the Board is even being asked to make a decision or take a stand on this. Chair Baney stated that Jefferson County did so, and the citizens of Crooked River Ranch are asking Deschutes County to do the same. Commissioner Unger indicated a letter to the BLM ahead of time would be good in order to give them a heads up that this is a discussion point. Chair Baney wants them to be aware of the access road situation. Chair Baney asked if the other Commissioners are purposefully being vague regarding the Whychus-Deschutes issue. In her experience, the Congressional delegation tends to stay clear of anything that does not have community support. Commissioner DeBone feels comfortable opposing a permanent designation. Chair Baney said it is already a study area, so it won’t be locked up as much as it would be as a designated wilderness. Commissioner DeBone stated they need clarity on all study areas. Commissioner Unger, in regard to Whychus, feels that the proposed wilderness area does not mean there are strict boundaries. There are too many privately owned parcels within the study area, making it unworkable. Chair Baney feels there is not a lot of support for current practices because there is not much enforcement. Commissioner Unger said there has to be a plan in place to manage these lands, but he’d like to know what that is. Most of the land with wilderness value is located in Jefferson County. He does not support wilderness designations overall in the County. Commissioner DeBone would like to indicate no support of this designation. Chair Baney indicated it would be a good idea to talk with BLM and find out more about their plans and practices. However, there is probably not a great deal of support for this outside of a core area. Minutes of Board of Commissioners’ Work Session Monday, October 31, 2011 Page 4 of 6 Pages 2. Joint Cooperative Purchasing Membership Agreement for Road Equipment. Randy McCulley and George Kolb came before the Board. Mr. Kropp said they are not looking for Board action, but wish to discuss a joint purchasing agreement that may save the County some money. Mr. McCulley explained that the National Joint Powers Alliance is a public agency that has members through intergovernmental agreements.. There are about 35,000 members in the country, so this gives national level pricing breaks. They advertise for contracts locally and each contract would need to be reviewed. For example, the purchase of a motor grader would be subject to an invitation to bid. It takes about 100 hours of time to build a contract. It is then put out to bid, and the best value is decided upon (based on maintenance factors, local dealership support, price, etc.). With the NJPA contract, this is handled at a company level (not the local dealership); the structure is about the same but at a higher level. The County can piggyback on contracts with the State, but sometimes ends up with more equipment than needed, or perhaps they don’t have equipment with the same specifications available. This gives the County some freedom to stay within specifications that make sense. Chair Baney asked how it is determined when purchasing is the only option, rather than leasing or sharing equipment with another entity. Mr. McCulley said that they do share equipment with the cities . However, some equipment is highly utilized and there is no real opportunity to share them. George Kolb said the road study group seems primarily concerned about operations costs, and not the purchase of specific equipment. Chair Baney asked what happens if there is an appeal. Mr. McCulley said that there would be no basis for an appeal to the County as long as it is properly advertised. The manufacturer could work with the NJPA to be part of that process. There are also agreements with other companies that may give discounts. There is no cost to being in this program, but it does allow another option. The normal process might be used to purchase specialty equipment that NJPA does not handle. Minutes of Board of Commissioners’ Work Session Monday, October 31, 2011 Page 5 of 6 Pages The NJPA is funded through a contract with the manufacturer. They are a public agency and no membership dues are charged. The cities of Bend and Salem use this process, as do many others. It is a viable way to purchase to get what is needed. Commissioner DeBone asked questions about servicing the various makes and models. Mr. McCulley said they typically do some exploration before deciding on a particular type of equipment. _____________________________________ Commissioner Unger asked for feedback from Mr. McCulley and Mr. Kolb on how the road study group is doing. Mr. Kolb has been working with Todd Taylor, who chairs the group. He said that if there have to be cuts, it would likely be in services, but it is difficult to decide which ones. In the private sector employers can lay people off when there is no work. Roads are an asset that needs to be maintained; they are not just projects. There are also labor issues. It comes down to working on the PCI and deciding which projects to eliminate or cut back. You cannot forecast with the PCI program, but they are looking at the program the City of Bend is using. It may not be a free upgrade due to the expertise needed. Alternate funding sources need to be found. Mr. McCulley said they are working on charging out equipment and tracking this information better. He is relatively new to his position, but feels that everything is well utilized, based on his experience working for an equipment dealership as a field mechanic and service manager for about ten years. Chair Baney said that when things are examined, you can come up with problems but can also find that things are being done well. Mr. Kolb said there are also safety considerations, for example, a dead deer in the road causing a road hazard, or weeds on the parkway that can contribute to line of sight problems. He realizes they can’t go to the public to ask for more money until they know they have cut back whatever they can. They may end up having to look at a lower PCI or at using different materials and technologies. For instance, they had to get coring done that cost $900 for three core samples. They bought a coring machine for $1,200 and it has been used more than a dozen times, resulting in significant savings.. Mr. Kolb said he hopes the next road study group meeting will come up with some recommendations for the Board to consider. Commissioner Unger would like to see a unified voice and exact considerations. Mr. Kolb would not like to see the group dissolved, but kept intact to advise on future events or needs. Certain bridges have been tagged by ODOT as needing some work. These must be prioritized as well as the roads. They need to address bicycling issues as well. Commissioner Unger said that cities have committees for this type of thing. Mr. Kolb stated they have to realize that the roads take precedence over bike routes, even though there are economic reasons for having good bike lanes. This is an unfunded mandate that needs to be not only set up, but maintained over time. 3. Upcoming Meetings. None were discussed. 4. Other Items. Being no further discussion, at 2:40 p.m. the Board went into executive session under ORS 291. 660(2)(h), pending or threatened litigation. DATEDthis q~ Day of ~ 2011 for the Deschutes County Board of Commissioners. Tammy Ban y, Chair Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, October 31,2011 Page 6 of 6 Pages ~~ Work Session (Please Print) Name /1114. f­p'.c....rr~~_1o'7 Monday, October 31, 2011 A~ency I Mailin~ Address I City Zip Phone # e-mail address li5'-~Soc..!) ,1Uo ........-.:1i -fj 7? ~r --~I I\....c..-=-~l~~~@ Vt,e--.!) p-t....,.c:....e.e.. I C~()PI".~_~_ v-L5'+-1 , :>&..f.1JC~ I tu..-e... c.... ~k.(. c-DOd;:' I Q"1S' 1'" ,I. Ik1 .....,~~ ~V\J<9hnsOY' o..~(L ~:C.@,-IG I.A ~ y~ I -... Gdlo?? t1.otJ-t' I 13/~~1<. yc~1' e,.,a..... £0 . ~o ~,J) .y.b {,/ore-r-qJj/~Jn / )1.4 tLL cf-;/AIIL {,o'l3 s '1-6ro (del! 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Other Items 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 negotiatioos; ORS 192.660(2) (h), litigation; ORS 192.66O(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates. limes and discussion items are subject to chimge. All meetings are conducted in the Board a/Commissioners' meeting rooms at 1300 NW Wall St .• Bend, unless otherwise indicated. 1/you have questions regarding a meeting, please call 388-65 72. 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 TIY. Please call (541) 388-6571 regarding alternative fonnalS or for further infonnation. Date: October 25,2011 To: Board of County Commissioners From: Erik Kropp, Interim County Administrator Re: Wilderness Area Designation The Board has been asked to take a position on the proposed designation of the Whychus Wilderness Area. Commissioners have asked to have a broader discussion about wilderness designation areas. This item is scheduled for your October 31, 2011 work session. Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cddj MEMORANDUM FROM; Terri Hansen Payne, Senior Planner MEMO DATE: July 29, 2011 SUB..IECT: Wilderness Designations BACKGROUND Harney County Judge Steve Grasty has initiated a phone conference to discuss a news release from the Bureau of land Management (BlM) inviting local governments to contact the BlM regarding potential wilderness areas. Judge Grasty is interested in knowing which counties are going to respond to this request and wants to discuss a strategic approach. He does not intend this discussion to be a debate on the concept of wilderness. This memo provides some limited background on wilderness and the areas under discussion in or adjacent to Deschutes County. Wilderness areas are those where man and his works do not dominate, rather man is a temporary visitor. Previous to the passage of the federal Wilderness Act in 1964, the lands managed by the Forest Service were required to balance recreation, timber, grazing, watershed and wildlife needs. The Wilderness Act allowed the preservation of identified untrammeled federal lands as wilderness areas in the National Wilderness Preservation System. Originally national forest areas with specific existing classifications were deSignated wilderness and a few federal agencies were required to review other potential areas under their jurisdiction for possible deSignation. In 1976 the Federal lands Policy and Management Act (FlPMA) required the Bureau of land Management (BlM), which had not been listed in the original legislation, to inventory road less areas for possible wilderness designation. WILDERNESS AREAS Wilderness areas are designated exclusively through an act of Congress and must be at minimum 5,000 acres. They are managed by the federal agency controlling the lands when deSignated (e.g. Forest Service or National Park Service). Uses not permitted in wilderness areas: • Commercial enterprises • Permanent roads • Temporary roads or mechanical transport (except as required to administer the lands) • Structures or installations Uses permitted in wilderness areas: • Public purposes of recreational, scenic, scientific, educational, conservation and historical use • Non-motorized recreation, including hiking, hunting, fishing, camping, horseback riding • Some already established prohibited uses, with restrictions • Uses required to administer the land or for health and safety (e.g. fire or insect control) Quality Services Perjonned with Pride Deschutes County Comprehensive Plan Update • Other specified uses, some site specific, have been added over time State or private landholdings surrounded by wilderness • Are granted access rights • Can be traded for federal lands elsewhere in the state • Can be purchased if the owner concurs and Congress authorizes and funds the purchase CENTRAL OREGON WILDERNESS STUDY AREAS BlM Wilderness Study Areas (WSA) are those lands identified by the Bureau of land Management as potential wilderness areas. They are generally managed to preserve wilderness characteristics, but are not regulated as wilderness areas. The BlM is soliciting local government input to determine which, if any, WSAs have broad local support to become wilderness areas. WSAs with strong local support will be added to a bill the Interior Department will propose to Congress this fall. There appear to be three WSAs in or just outside Deschutes County. There is some interest in adding these sites to a wilderness bill. The non-profit organization Oregon Natural Desert Association (ONDA) has taken a leadership role in promoting one of these areas as wilderness. • Deschutes Canyon/Steelhead Falls WSA: This area is located at the border of Deschutes and Jefferson Counties near the Crooked River Ranch. By itself, the WSA is 3,192 acres, less than the required 5,000 acres. ONDA has created a proposal to combine this WSA with adjoining National Forest lands for a 15,234 acre wilderness centered on the convergence of lower Whychus Creek and the Deschutes River. ONDA has been meeting with local landowners since 2009 to discuss this proposal and has a community meeting set up at the Terrebonne Grange Hall on August 2 from 7-9 p.m. An editorial in the Bulletin in December, 2010 expressed some concern regarding the proximity of the proposed wilderness to the Crooked River Ranch community and subsequently published a guest column and a few letters to the editor in support of the proposal. • Hampton Butte WSAlCougar Wells WSA -two separate WSAs in Deschutes and Crook Counties totaling 29,035 acres. ONDA recommends combining the two separate WSAs into one protected area. There has been one letter in the Bulletin supporting this idea. GENERAL EXPRESSIONS OF SUPPORT OR CONCERN Support: • Preserves special lands intact for future generations • Promotes economic development through increased tourism • Provides for quiet recreation and solitude • Potentially better land management leading to a healthier ecosystem Concerns: • Harder to access, so may limit use to the young and healthy • Limits economic development through prohibiting grazing, mining or timber cutting • Prohibits off-roading • Potentially greater fire danger because of no timber harvest STATEWIDE WILDERNESS PROPOSALS GETTING LOCAL PRESS • Crater lake • Various areas around the John Day 2 October 7, 2011 Deschutes County Commissioner Toney DeBone 1300 NW Wall St. Suite 200 Bend, OR 97701 Re: Opposition to Wychus-Deschutes Wilderness Proposal Dear Mr. De Bone, During recent Annual Elections, the property owners at Crooked River Ranch responded to a survey regarding the Wychus-Deschutes Wildemess PrtJpOSal with 66% of those responding voting in opposition to the proposal. In response to this vote, the Board of Directors has unanimously passed a resolution supporting its members' opposition to the Wilderness Proposal which is included for your review. Also included is our press release expressing concern over the potential negative Impact a "Wilderness" designation could have on fighting wildfire in the areas included in the proposal adjoining Crooked River Ranch. That concern was heightened by last week's Alder Springs fire which approached to within two miles of the Ranch. It was controlled only by timely and robust action that we are concerned may not be allowed in a "Wilderness" designated area. Our primary concern is for the property and safety of the residents and ranchers who reside next to the proposed wilderness area. We are hopeful that once you review the facts as we have, you will stand with us in opposition to this Wilderness Designation Proposal. Please feel free to call us at Crooked River Ranch at 541-548-8939 or the Crooked River Ranch Rural Rre District Rre Chief and Board at 541-923­ 6776. Sincerely, Ben E. Johnson, President Crooked River Ranch Club & Maintenance Association RESOLUTION 2011-09-19 A Resolution Opposing the Proposed Whychus-Deschutes Wilderness WHEREAS, the Crooked River Ranch Club and Maintenance Association (Association) is a Class I Planned Community according to ORS 94.550 (3): and WHEREAS, the Association's purpose for organization is to promote the mutual health, safety, welfare and benefit of tts members; and WHEREAS, the Board shall exercise for the As~ciation all powers, duties and authority not vested in or reserved to the, membership; and WHEREAS, in response to a written survey of the property owners of Crooked River Ranch conducted during the 2011 annual elections of the membership and which resulted in sixty-six percent of those responding opposed to the creation of the proposed Whychus-Deschutes Wilderness, the Board, on September 12. 2011 voted unanimously to support member opposition of the proposed Whychus-Deschutes Wilderness; and WHEREAS, the Fire Chief of the Crooked River Ranch Rural Fire District in agreement with the Fire District Board which voted unanimously to oppose the Wilderness proposal has stated "for the safety of Crooked River Ranch residents and their property, Crooked River Ranch Fire & Rescue does not support turning the proposed area into a designated wilderness area"; and WHEREAS, the Association has a population of approximately 4,600 residents covering an area of 12,000 acres (18.75 square miles) with many dwellings in close proximity to the proposed Whychus-Deschutes Wilderness; and WHEREAS, the proposed Whychus-Deschutes Wilderness is within the three-mile wildland urban interface as defined by the Jefferson County Community Wildfire Protection Plan, May 2011 which document has been reviewed and approved by the Jefferson County Board of Commissioners, the Jefferson County Fire Chief and the Department of Forestry, State of Oregon; NOW THEREFORE BE IT RESOLVED, the Association and tts Board stand in opposition to the proposed Whychus-Deschutes Wilderness. Funke.. Resolved the Board hereby approves this resolution against the proposed Whychus-Deschutes Wilderness as set forth, and sh~II::peG.9I1l~'··",~;",+,.:· effective immediately upon board approval. !I ;'\\, ;::~ ',l :-; :! ~ " .... ..-; '~, > -; " ~ " '>'~, \ \ • ,-' '" ~~ ~ '" ,/r' ~ , .f PRESS RELEASE 66% of Crooked River Ranch survey responders voted NO on the Whychus­ Deschutes Wilderness Proposal during August Association elections. In response, on Sept. 19, 2011 the Board of Directors passed a resolution, and is issuing a position letter in support of member opposition to the proposed Wilderness Area. Of gravest concern is the ability to effectively fight wildfire in areas that border Crooked River Ranch. For example, the Alder Springs Fire which broke out 22 September came within 2 miles of the western border of the ranch and provided a stark reminder of that threat to all that watched its rapid progress into the night and its reawakening two days later. We have heard the arguments from both sides about limits on fighting fires in designated wilderness areas. But, the bottom line is that we cannot be certain the timely and robust effort that checked the advance of this threat to our homes would be allowed in a "Wilderness" designated area. In concurrence with the positions of the Crooked River Ranch Fire District Board and our Fire Chief, we believe the risk to a residential area adjoining a Wilderness Area is too great to ignore. Ben Johnson, Board of Directors President, Crooked River Ranch Club & Maintenance Association. ".,'......, , .." ..,..........