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HomeMy WebLinkAbout2009-08-19 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 WEDNESDAY, AUGUST 19, 2009 ___________________________ Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Tom Anderson, Nick Lelack, Dan Haldeman, Peter Russell and Todd Cleveland, Community Development; Scott Johnson, Kate Moore and Shannon Dames, Health Services; Judith Ure, Administration; and approximately twenty other citizens, including two representatives of the media. Chair Baney opened the meeting at 1:30 p.m. 1. Bethlehem Inn Status Update. Tom O’Brien of the Bethlehem Inn Board of Directors said that he wanted to discuss how they might structure a purchase agreement, their current fundraising plan, and a possible capital fundraising campaign. He has some ideas that may have not been discussed with all members of his Board. He introduced Dave Goodwin, Joel Morris, Chris Clovart and Rebecca Gundzik. Mr. O’Brien stated that they are thinking about setting up a small group process between the two entities. This would allow them to get into the real work process. He gave a brief history of the Inn and said they appreciate the support of the County over almost five years. They had a difficult year operating their own space as opposed to renting from County. They had run up a deficit of $75,000. This fiscal year they were able to end up with a positive cash flow, the reserves are rebuilding, and they now have a positive balance of $71,000. They are doing better, making progress, but not getting rich. About 37% of staff expenses were cut to be able to keep the Inn open. They are serving almost 40% more people now, as there has been a dramatic increase in demand for services. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 1 of 9 Pages Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 2 of 9 Pages They have a strong board and staff working relationship now. Individual donations went up, but foundations and grants fell off. They will do an annual pledge program along with some kind of visible activity each month. Dave Goodwin added that the staff that was left took over and did a miraculous job of keeping things running and growing. The County benefits from these services but the board of the Inn wants to work on the commitment to repay the County. They plan to launch a capital feasibility plan the first half of 2010. They need to build the bedrock from where stable funding will come. Commissioner Baney asked if the Bethlehem Inn board feels this is a County building or wants ownership. Mr. O’Brien said that they have to demonstrate sustainability to get grants, and part of that is ownership. People are aware of the in-kind services, which reduce pressure on County services, such as Parole & Probation. The quality of life in the area is positively affected – for instance, residents are not allowed to stand on corners and beg for money. Commissioner Luke pointed out that the cities benefit as well. There will be numerous fundraising events, something every month to keep up public awareness. They want people to know that they serve a great number of families and women. They are always at capacity with families during the winter months. Much of the advertising is being done at no cost through the media. Mr. O’Brien stated that his thoughts are for a possible lease to buy, as a solid connection is desired. Another way would be some kind of a mortgage or low- interest loan. Leasing would present less of a tax issue for his group. They work with the local businesses and neighbors to address any potential impacts. Habitat for Humanity may begin working with other groups that provide housing. Dave Kanner said the County does not have title to the building, so he is not sure how an agreement would be structured. Commissioner Luke stated that the City has ownership but the County may take over at some point. Erik Kropp explained that it is a complicated issue. Mr. O’Brien said that they would like to bring someone from the City in to discuss this further. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 3 of 9 Pages They asked for approval to apply for a grant on behalf of the Bethlehem Inn, which will write the grant and do all of the necessary reporting. The County would need to accept the grant if it is approved. They also have a recycling program set up, which will in part help with work experience for the residents. 2. H1-N1 Flu Update. Scott Johnson gave the most current information on this issue. He said his department would need to contract with someone to help during the vaccination process. Shannon Dames added that there are 60 to 70 schools that they will need to serve within the space of a few weeks. Some federal funding will be obtained, but they will have only about a month to coordinate with others to get this done. They have to be able to respond quickly. Per County Code, one option is a request for a qualified pool of service providers. One concern is that it is expensive to do this multiple times. Even the qualified pool might not be quick enough. Commissioner Luke said that there can’t be a huge list of people who are able to do this. Ms. Dames said there are companies nationally who provide this service and are efficient, that are now breaking into the west coast. That is the easiest way to go, but they want to look at local entities as well. Commissioner Luke stated that it is hard to know how serious the situation may be. Ms. Dames replied that over-planning is necessary so that enough planning is in place. In other places, like Australia, they are struggling with inadequate capacity. The target population, based on early research, would be those who have other health issues and those younger than age 65. Ms. Dames stated that the State and Federal agencies are providing vaccine. When insurance can be billed, that will be handled by private providers. The public providers will not be concerned about billing. Direction is coming from the federal government through the State. Mr. Johnson said that meetings are taking place with agencies of all kinds. He is working as closely as possible with Legal Counsel on the RFP process. Ms. Dames asked if the Board wants to know what steps are being taken as they occur. The Commissioners said that e-mail updates are adequate unless it is felt that there is a true emergency. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 4 of 9 Pages 3. School-based Health Centers Update. Scott Johnson said that these centers now serve both health and mental health needs. Kate Moore has been working with the school districts on this program. Ms. Moore stated that the Public Health Advisory Board was updated in July, at which time a proposal was sent out for new centers. The Board was supportive of the current centers and wanted to know more about expansion. She contacted all three school districts. There was no response from Bend, but she did hear from Sisters and Redmond. Redmond wants to proceed with planning. In Sisters, there was a lot of interest as well but they do not have funds for this. City business leaders were contacted about using space. The safety net clinic was used to put in the existing centers. The funding for the first year would be covered by funding, as would the second year. The State would provide $41,000 annually. Sisters stated they would have more of a problem coming up with cash. Mr. Johnson added that Judith Ure is helping to move this forward. 4. Pre-Meeting Agenda Review for August 26 Joint Work Session with the City of Bend. Dave Kanner is working with Eric King on an agenda for this meeting. There are three basic items on the agenda, but other things might come up. The meeting generally lasts under three hours. Regarding the Bend Airport, there is only a memo from a couple of months ago for reference regarding annexation. It was discussed by the City Council, and they settled on alternative #1, which is a slow process but makes the most sense regarding annexation. Commissioner Luke said this is the best time to pursue a master plan update. Commissioner Baney stated that she attended a meeting of the users group, but no one from the City attended. Commissioner Luke asked if there is still illegal use of the buildings, especially the hangars, taking place. Mr. Anderson said that the City asked the County for help in this regard. However, the owner of the land is the City and ultimately responsible. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 5 of 9 Pages There was a complaint about a non-aviation related business being operated out of a hangar. The County advised them that this would not pass as it was, so the people came back with a different permit. A letter of support from Eric King of the City then came in regarding this business. Mr. Kanner stated that this is regulated by the FAA. Erik Kropp stated that there is language as well in the lease agreements signed by the hangar users and the City. Mr. Kropp said that it might be helpful for the City to hear the County’s expectations regarding the master plan. Commissioner Luke stated that he does not want to tell the City what to put in its master plan. Mr. Kanner said that County Code does speak to what should be included in the airport master plan. Mr. Lelack said that Brian Reynolds would summarize the master plan. There is a statement that the County is to participate and encourage this, although it is not clear of the level of involvement that is expected. Mr. Lelack added that they might expect more than the County can give. After discussion, it was decided that staff involvement is all that is necessary at this point. Mr. Kropp stated that federal funding to the City is not yet available and they are hesitant to get too far into the process without that funding. Regarding item #2, no progress has been made, as the facilitator has been unavailable. Some training might be available on a shared basis. Regarding item #3, the City sent ODOT a list of preferred alternatives regarding north Highway 97 planning. Mr. Kanner stated that the City wants its bonding capacity increased for various projects, and would like the County to share its bonding capacity with the City. The County’s total bonding capacity is about $26 million. EDCO is also interested in this situation. The County will need to make a decision on its own bonding requirements in the near future. Commissioner Baney wants to make sure some long-term jobs are created, and not just short-term construction projects. Commissioner Unger would like to have some discussions regarding various events that impact the City and County, such as bicycle races. He wants to know if there is widespread support and whether there are concerns about capacity and impacts. Mr. Kropp said that staff coordination is pretty good between the various entities. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 6 of 9 Pages 5. Discussion regarding Interpretation of Ordinance No. 2008-019. Tom Anderson said they have been applying the ordinance for 14 months. There are three main provisions of the ordinance. A couple of instances have come up under the new construction category that he is fairly certain were not considered at the time. (He referred to a handout.) Situation #1 relates to a replacement of a structure that was destroyed by fire. The existing septic system may be functioning well, but it is in an area of high groundwater and it might be necessary to upgrade to a sand filter system at the very least. Situation #2 is a code enforcement case whereby an accessory structure was converted to a dwelling without permits. Permits are needed for the dwelling, and a nitrogen reducing system might be required. The current owners of the property were not aware of the lack of permits when they purchased the property. The question for the Board is whether the Board agrees with how the ordinance is written or whether exceptions can be made in these types of situations. His department needs some clear guidance and direction. Commissioner Baney said that there might be a different in opinion between Commissioners. Commissioner Luke asked if the buildings that were converted are allowed. Mr. Anderson stated that they would have been allowed at the time. Mr. Cleveland stated that the septic system was installed without permits, however. Commissioner Luke said that he has always viewed replacement dwellings the same as the original. Mr. Cleveland stated that there was an old letter on an instance regarding the septic system, a review at the time because it did not meet separation requirements and the lots have high groudnwater. It was installed in 1976, so typically it would have to be upgraded by this time. Commissioner Unger said that there are regular County requirements as well as the ordinance. When he reads the section regarding septic systems, it does not talk about construction of buildings. To him, in the case of the replacement house, the County would normally not inspect the system, just the building. Mr. Cleveland said that by State rule anytime a residence is replaced, an authorization notice is needed and the system has to be examined. All of those factors come into play. It might not be failing but may need to be altered. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 7 of 9 Pages Laurie Craghead stated that even if the Ordinance were not in place, an upgrade would still be required. Rules of reasonable repair apply when improvements are being done. Commissioner Baney said this is an elderly couple who lost almost everything. They have a functioning system and there have been no Code issues with that system. Mr. Cleveland said the authorization notice is left to the judgment of the inspector. He can authorize hookup without further repairs. If an alteration is needed, a requirement to upgrade is needed. A system installed that many years ago is discharging directly into the groundwater. It does not meet the minimum requirements of a standard system. Commissioner Baney said that it makes sense that they need an adequate system. Commissioner Luke stated that a failing system is sewage that poses a health danger. Not having enough drainfield or an inadequate tank is a problem. Mr. Cleveland said that a sand filter system or an additional drainfield is needed. Commissioner Baney said she does not view obtaining a permit after the fact is the same as new construction. Commissioner Luke stated that people should look at the existing permits when they buy property. Laurie Craghead said that buyers of property don’t normally inspect building permits on the record, nor does the title company. Commissioner Baney added that it needs to be more black and white. Commissioner Unger stated that what the ordinance was looking at was new construction. The need for a review is a separate State rule. In regard to situation #1, it appears that there is a potential health issue. He hopes that there is a way to help these people get there. In regard to situation #2, permits should have been done. Commissioner Baney said that if the system met previous requirements, is an upgrade triggered. Ms. Craghead said as the illegal dwelling comes into a permitted structure, it would be the same as bringing electrical up to code. Either the standards are what were required when built or they weren’t. Minutes of Board of Commissioners’ Work Session Wednesday, August 19, 2009 Page 8 of 9 Pages Commissioner Luke said that probably an installer put in the system in situation #2. The new owners are trying to make good. Commissioner Unger said that situation #2 is not necessarily tied to the ordinance. Situation #1 is similar, but is triggered because of State regulations. Commissioner Luke stated that situation #1 triggers a sand filter system. He did not envision this issue when the ordinance was adopted. However, it may not be possible to extend the drainfield. Mr. Cleveland said the permit triggers the ordinance requirements. This is a situation that happens very seldom. Commissioner Baney said that the owners want to put in the best system they can. The options should be discussed with them. Commissioner Unger agreed that this should be encouraged. Ms. Craghead said that the Code as written does not get them there. There can be an ordinance providing a variance based on hardship. Situation #2 is triggered. Commissioner Baney pointed out that these are new owners. Commissioner Luke said that they should have done their homework before buying. Mr. Anderson stated that he supports this idea of a hardship clause for situation #1. Regarding situation #2, the structure is the residence now. 6. Other Items. Scott Cooper spoke about the La Pine Community Kitchen food pantry project. He said this is a great group doing good work, all with one paid staff person, feeding over a hundred people a week, and doing it all from a collection of old buildings and shipping containers. A community grant is being sought for a food bank. This is a huge issue in La Pine. The City budget is about $150,000 total and they do not have the staff or funds to pursue this grant. An agreement was reached to approach the County about accepting the grant. It would be administered and written by COIC. The triple-wide manufactured home donated by the County needs to be inspected for snow loads. They would like to eliminate the ancillary buildings and have everything tied to the new building. The Commissioners indicated they are supportive of moving forward with the grant application process.