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HomeMy WebLinkAbout2009-06-22 Work Session Minutes 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, JUNE 22, 2009 ___________________________ Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Laurie Craghead, Legal Counsel; Tom Blust and George Kolb, Road Department; Erik Kropp, Deputy County Administrator; Anna Johnson, Communications; and media representatives Hillary Borrud of The Bulletin and a reporter from KOHD TV. No other citizens were present. Chair Baney opened the meeting at 1:30 p.m. 1. Review of Update to State Ethics Law. Commissioner Unger had questions about the issue, regarding influencing votes and receiving gifts. Mark Pilliod replied that being on a body that is enabled to make decisions is felt to be enough to influence a particular result or action. The reach would be narrowed for the receipt and granting of benefits. Any type of association would need to be disclosed if there is a possible decision-making authority involved. Commissioner Baney asked about the relationship in regard to relatives and a possible family business. Mr. Pilliod said that the definition of relative would be expanded. This could not necessarily be a member of the household. It depends on whether there is a legislative decision tied to the situation. Some changes will reduce quarterly reporting to annual reporting. Also, expenses exceeding $50 and receipt of goods or funds in the amount of $15 or more would need to be reported. He said that HB 2518 would also apply regarding contracting. For instance, a Commissioner could not become a contractor for the same County for at least two years after leaving office. Since there have been recent changes, Mr. Pilliod will make some changes to his staff report and resubmit it to the Commissioners. Minutes of Board of Commissioners’ Work Session Monday, June 22, 2009 Page 1 of 5 Pages Minutes of Board of Commissioners’ Work Session Monday, June 22, 2009 Page 2 of 5 Pages 2. Continued Discussion of Events Held at Skyliners Road. Mr. Kropp said that in regard to the time trials for Fresh Air Sports, 50 to 75 people participate. Commissioner Baney said that upon driving up Skyliners, she felt the time of day, when the sun is in the drivers’ eyes, impacts the safety of the road. Mr. Kropp stated that the amount of staff time reviewing permits is typically about four to five hours. Some are very quick and some take longer. The handout from Mr. Kropp (attached) details the three options regarding events and the use of the road. Commissioner Luke said that they are at Skyliners because they outgrew a location or it became unsafe. He does not want to exclude events but some restrictions should be considered. Commissioner Luke spoke about using Spencer Wells Road. He asked if that is too far out. George Kolb stated that people could ride to Skyliners instead of driving. Commissioner Baney does not want to change anything around the Cascade Cycling Classic. She feels the issue is the peripheral other events or uses. The Classic is important and has been in place for years. However, higher fees might be justified to cover the cost of personnel. Commissioner Luke said that he is not interested in supporting these events, as they require a lot of work. Laurie Craghead said that if the event goes over four hours and is more than 500 people, this becomes an outdoor mass gathering. At this time, the group reviewed the options regarding possibly restricting the number of events. Commissioner Luke expressed concern about delaying events. He also would like these decisions to be done at the staff level, as they know their limitations and what is required. Staff needs guidelines on making decisions. Commissioner Unger said that there needs to be a balance struck between events and local residents. The recreational side of this is that it is felt that there is a bigger issue with the occasional user. Commissioner Baney said that there could be additional oversight by the Sheriff’s Office and better signage, warning people of cyclists on the roadway. Minutes of Board of Commissioners’ Work Session Monday, June 22, 2009 Page 3 of 5 Pages Mr. Blust stated at the Bend MPO meeting is looking at possible resolutions. Mr. Pilliod said this is a standard conflict of interest between parties. If there are requirements, they need to be fair across the board and be reinforced in some way. Commissioner Baney wondered why the Fresh Air Sports training has to be held every Thursday during July. Maybe a compromise can be reached. Mr. Kropp said they send riders every thirty seconds and are timed, there and back. This includes primarily local riders. Mr. Kanner stated that the issue is that they are organizing and charging a fee for events. Commissioner Baney asked if a letter could be sent to the Federal Highways Act; perhaps they have funding if this can be evaluated. Mr. Kolb stated that they have tried to bring in the City of Bend on these types of events. Tom Blust said that many of the larger groups ask for approval. The group went on to discuss some other road options in various areas of the County and what kind of pavement and other improvements might be needed. In regard to a fee, Mr. Kanner stated there could a new fee charged for cycling events only. This funding could be used for Code enforcement site checks; a Code violation would cost $600. He will speak with Tom Anderson about the possibility of utilizing Code enforcement staff to do this so that next year the Board can make a more educated decision. Commissioner Unger suggested that a working group be created with representation from the affected groups and residents. Signage is an important first step. It was felt that the events planned for this year should be allowed to proceed. Commissioner Unger feels that the non-professional cyclists are the ones creating the biggest safety issues, not the professionals who might be disqualified if they do not follow the rules. Commissioner Luke stated that there is a great economic benefit for local businesses. He pointed out that the Code enforcement officers are funded by building permit money, so their work has to be tied to land use. He suggested that a different person could do this, such as a reserve officer. The Board indicated that this year there should be no further applications approved for Skyliners other than those that have been submitted. Mr. Kanner said that the City of Sisters has events all summer long, resulting in road closures. He is interested in finding out how compliance is assured. Minutes of Board of Commissioners’ Work Session Monday, June 22, 2009 Page 4 of 5 Pages 3. Update of Commissioners’ Meetings and Schedules. None were discussed. 4. Other Items. In regard to the kiosk to be installed in the Court facilities, Susan Ross was asked about assisting a private business in this way, via no lease fee. Ms. Ross stated that the Commission for the Blind has first right to apply. They originally turned it down. Other vendors were contacted but were not interested. Staff recommended that the space be allowed use at no charge because it is a convenience to staff and the public. The Courts approached her on getting something in the building. Commissioner Luke said that the previous vendor was not successful because people just did not want to go through security. He wondered how this would work when the other did not. Ms. Ross stated that the lease agreement is a standard template. The Courts have always been treated as County personnel. They agreed that to help the vendor be successful, they will order from the vendor for juries, lunches for meetings and other uses. Commissioner Luke stated that he feels leasing property out free should be a policy decision in the future. Commissioner Unger asked about the request for extended leave. Mr. Kanner stated this is not in personnel rules but in the AFSCME agreement, which says this is subject to Board approval. A policy is being developed to include this in more detail. UNGER: Move to approve an extended leave of absence without pay for Terry Kibbe to the end of September 2009. LUKE: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. __________________________________________ Mr. Kanner said that there are a number of budget committee memberships that are coming up for renewal. Clayton Higuchi’s term is up this year. Commissioner Baney stated that she supports asking him to accept another term.