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HomeMy WebLinkAbout2015-03-25 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 1 of 12 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 BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 25, 2015 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Deputy County Administrator; David Doyle and Laurie Craghead, County Counsel; Nick Lelack, Peter Gutowsky, Matt Martin and Paul Blikstad, Community Development; and at least eighty other citizens including media representative Ted Shorack of The Bulletin. Chair DeBone opened the meeting at 10:00 a.m. __________________________ 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was the Reading of a Proclamation Declaring April 2015 as Child Abuse Prevention Month in Deschutes County. Shelley Smith, Executive Director of KIDS Center and Tim Rusk of Mountain Star Family Relief Nursery, gave an overview of Proclamation and events recognizing this. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 2 of 12 They noted that child abuse is a difficult topic, but there is a strong system in Central Oregon to deal with these victims. Other agencies helping with this are CASA and High Desert Healthy Families. A recent national report said that this problem has decreased nationally by 25%, but only by 2% in Oregon. Oregon could be doing more. Also, in regard to early childhood, the rate of Oregon babies going into foster care is 1.4%, which is 50% higher than nationally. The first 1,000 days of a child’s life is very important. Commissioner Baney said that many families in Oregon are still under a lot of stress because of the recession. They are blessed to have this many people in the room today who can help be the eyes of the community She asked about the Darkness to Light program and how community members can help. Ms. Smith stated that statistically that one in ten children is impacted by sexual abuse. There are many opportunities this month to get involved. It takes courage to stand up and speak out . This training helps equip adults to recognize the steps needed to prevent this problem. Also, there will be a training class given at Bend High School called ‘public and permanent’, which is meant to help people understand the internet and the risks of posting information on line. Parents need to learn more about this. Commissioner Unger noted that Deschutes County is well-served with these organizations to make planning a reality. Chair DeBone added that they are trying to break cycles of poverty and abuse, which will ultimately help the entire community. BANEY: Move reading and adoption of the Proclamation. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Commissioner Unger then read the Proclamation to the audience. 4. Before the Board were Deliberations on File #TA-13-4, a Proposal to Amend Code to Allow as a Use Permitted Outright in the SR-2.5 Zone, the Operation, Maintenance and Piping of Existing Irrigation Systems Operated by an Irrigation District. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 3 of 12 This item was addressed after item #5. David Doyle said that he has received a number of letters that question Commissioner Unger’s impartiality to decide on this issue, although these have been submitted rather late in the process. Commissioner Unger stated he has been an elected official for over 15 years. Throughout that time the need for water in cities and for other uses has been a concern. There has to be a way to manage the aquifer and waters to benefit the cities, agriculture and environment. He has been engaged with water issues all this time to create a basin plan to manage the water available to support the needs of all. This is application relates to a legislative matter. As they move forward, he looks at these decisions as those that help support the big plan to manage water. He does not feel he is biased, although he feels piping and other things are tools to correct the problems in the basin. This has always been a concern of all the various groups of which he has been a part. He is looking at this in the bigger context, but feels he can be impartial. Paul Blikstad gave an overview of the item, which if approved, would add the following use to Code: “Operation, maintenance and piping of existing irrigation systems operated by an irrigation district, except as provided in DCC 18.120.050.” Included in the memo is that the reference under .050 should be .130, Title 19 rather than title 18. The Planning Commission held three separate hearings, and they deliberated on May 8 and recommended denial. The Board held a hearing on July 2, with it left open to obtain further testimony, and then the parties tried to mediate and the issue was held on abeyance. An Order closed the written record when it was felt that no progress was being made. The Board has copies of all testimony and documents. Nick Lelack summarized what is in the Board’s packet. They summarized at a high level the arguments for and against the amendment. This is a simple yes or no decision. The Bend Area General Plan is the guiding document, and this has been a learning curve for all. City Ordinance 80-216 applies, which is in the record. These documents are dated and did not contemplate this kind of issue. Even the current Plan does not consider this. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 4 of 12 A draft Ordinance is not yet available until it is known how the Board wants to proceed. They will bring back the Ordinance if appropriate. The options for the Board are to approve the text amendment, deny it, table it, or continue deliberations to a future date. Commissioner Baney asked for a few moments to discuss an issue with County Counsel. After the brief recess, David Doyle said there are ongoing concerns regarding Commissioner Unger’s position and activities related to water. Unless he stands to gain financially, he should not have to recuse himself. This is legislative in nature and legislators can have an opinion on an issue. However, there may be other considerations beyond the legal aspects. Commissioner Baney was clear that she respects her colleague. There is the ability for transparency in government, and she was unsettled by some information in the record. The decision and deliberations are one of the toughest issues she has had to face in nine years. She stated, however, that she has never questioned his ability to be objective and have integrity. Commissioner Unger said he feels he can be impartial, and does not have personal gain by a decision one way or another. He is biased regarding water problems in the area that are a huge concern. There are legal issues with spotted frog and environmental issues. He wants to find a good plan to move forward. The planning around water needs to be collaborative and they can’t be prescriptive. All have to come to the table willingly to work with problems relating to ground and surface water. Having adequate water is a serious issue and will be even more important in the future. He has been working with others on a regional water plan for six years, with Bureau of Reclamation, Districts, cities and others to figure how to help with this problem overall. The plan is not in place yet. He does not want to get in the way of the bigger picture. He wants to be sure they work together, and if his work in this regard creates a problem to move forward, he does not want to be in that spot. He would prefer to step back if there is a perception of bias, but it may become a harder decision for the others. He wants what is best for the entire region. He does not want to create any issues as they move forward in collaboration. Therefore, he will refrain from making a decision on this case. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 5 of 12 Chair DeBone said that this is a tough situation. He sees this as urbanization at the edge of the City. Irrigation was a choice of the community over 100 years ago. It is a high priority to conserve that water and put it to proper use. He also knows they are talking about residential properties individually affected by this. He does not want conflict but has concluded that the piping in the zone should be an opportunity for the district to proceed. Commissioner Baney said all they have to do is pick up the newspaper to see what water issues are affecting communities. It is critical to manage it properly. Renewable energy is also critical to sustainability. It can be a good source of income, as most conservation efforts do not generate funding and are hard to pencil. She also feels strongly about the ability to have public discussions in this State. Goal 1 is public involvement. An outright use is when the benefit outweighs the right of that involvement. She does not feel that safety and health concerns do not warrant the lack of involvement. The conditional use permit allows for this involvement. This goes directly into the community which has a right to a voice. It does not trump any kind of development project, however. Similarly, there is the question as to whether a holder of an easement has a right. They do, but they also have a responsibility. She does not feel this trumps the interest of the property owner who also has a voice. The Carey Act affords opportunities for maintenance of the facility, which leads to the support of the economy and the community. The unique circumstances of a CUP affords working together on it rather than after the fact. For those reasons, in regard to the question as to whether piping is an outright or conditional use, she believes requiring a conditional use process is the right way to go. She wants to be crystal clear that this does not mean an outright denial. The individual’s voice is powerful, but it cannot shut down reasonable conservation. Chair DeBone hoped for a mediation opportunity, not a Board decision , but thinks it is too bad the parties did not communicate well on this. As a Commissioner, he feels he is in the cross-fire. The 100-year history of irrigation is important. He is not looking to pick a fight, but he knows this is an issue that is important for the entire area. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 6 of 12 Mr. Lelack said that the Board would need a motion to pass or not. The application would be denied if CUP is needed. BANEY: Move to deny the application, which moves them to the conditional use permit process. DEBONE: (Would not second.) The motion died for lack of a second. DEBONE: Move to approve drafting of the text amendment. BANEY: (Would not second.) The motion died for lack of a second. Chair DeBone said that they have been studying this carefully, and are serious about their decision. Commissioner Baney stated that she appreciates the public involvement, and is confident about her decision. Mr. Lelack clarified that because both motions failed, the applicati on is denied. The applicant can move on to a conditional use permit process if desired. 5. Before the Board were Deliberations on File #247-14-000373-HS, an Application for a Plan Amendment to Designate an Approximately One- Mile Segment of the Pilot Butte Canal in the SR-2.5 Zone as a Goal 5 Historic Resource. The Board addressed this item prior to item #4. Chair DeBone referred to the decision matrix developed by staff. Matt Martin provided a brief background of the process and the items to be deliberated. Upon submittal of the application, staff identified a timing issue relating to a text amendment that had also been requested. Staff and the applicant issued a rejection of this because of the timing. There was also an issue of ownership, and whether COID is an owner or has an ownership interest in the canal. Staff found that the timing criteria on the application was that it should have been submitted prior to any other that might be affected by the historic designation. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 7 of 12 Based on ownership information, and on the Hearings Officer’s decision and other cases, COID is an owner of record. This is important in regard to a historic designation, as Oregon allows an owner to refuse this designation. These are the two main questions for the Board today. Commissioner Baney thanked staff for the work being done. She appreciates the community’s interest in protecting the historic nature of some things. In terms of timing, she is not able to separate this out as a legislative amendment that affects all the properties. It is directly related to another application brought forward before this one. In looking at Code, the intent was meant for situations such as this, whether an application or a permit, to try to stop an application already in process. She supports staff decision regarding the timing of this application. Commissioner Unger feels they should take apps in sequence especially when they affect each other. Chair DeBone agreed as well, and supports staff decision. UNGER: Move to adopt staff’s finding because TA-13-4 is affected by a proposed historic resource designation; therefore, application 247 - 14-0000373 cannot be filed while application TA-13-4 is pending. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Issue #2 relates to ownership. Commissioner Baney said this is a tough one. Most properties have easements and those easement holders can’t tell you what to do with your property unless it impacts the easement holder directly. She believes that the interest in this particular case outlines their ability that changes within an easement does not interfere with the uses authorized by the easement. They have an ownership interested but she disagrees that they have free reign over what happens to the property. It is a right to use the land for the authorized uses set out within that easement. Commissioner Unger said he grew up in Redmond where there is a small COID lateral. It allows the water to go through the property but they had no right to the water. The irrigation district had custody and control over this facility. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 8 of 12 The property owner had to abide by that, while it went from a wooden flume to a concrete pipe. They had no say over this as it was a function of the district to operate their line as appropriate. They have control and a right to manage their facilities through personal property. Chair DeBone said that both parties should be able to work together on what is there. The easement and canal are for the distribution of water and this has been so for over 100 years. When it comes to refusing a historical resource, he sees the point, but wants the parties to work together. Commissioner Baney asked Commissioner Unger if the support he is noting is broad. She suggests it would be something that would prevent them from operating as they do with their existing easement. He agrees with this. The district has a right to use the property where the easement is for their operation. Chair DeBone stated the wording is tricky. Commissioner Baney stated it does bleed into the next issue at hand. If it was not allowed, they may not be able to operate or maintain it properly. BANEY: Move to adopt staff’s decision and findings that COID is an owner and can refuse a historic resource designation on this segment of the Pilot Butte Canal. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval, with one name change. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Consent Agenda Items 6. Chair Signature of Document No. 2015-100, Amending an Intergovernmental Agreement with the Oregon Health Authority regarding Behavioral Health Services Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 9 of 12 7. Chair Signature of Document No. 2015-176, an Intergovernmental Agreement with City-County Insurance Services, Clackamas County and Washington County for the Purpose of Creating an Insurance Pool to Purchase Excess General Liability Insurance 8. Chair Signature of Document No. 2015-078, a Services Agreement between Adult Parole & Probation and Vigilnet for the Electronic Monitoring Program 9. Board Signature of Resolution No. 2015-015, Initiating Legalization Proceedings for a Portion of Tetherow Road 10. Board Signature of Order No. 2015-015, Causing a Portion of Tetherow Road to be Surveyed, Road Official Filing a Report, and Notice of the Legalization Process 11. Chair Signature of Document No. 2015-174, Certifications and Assurances Required to Receive Federal Transit Administration Funds 12. Board Approval of Document No. 2015-175, an Amendment to an Agreement with ODOT for Special Transportation Funding 13. Board Approval of Special Transportation Fund Advisory Committee Recommendations for Distribution of Federal Transit Administration 5310 Grant Funds 14. Board Signature of Resolution No. 2015-021, Transferring Appropriations within the Healthy Start Prenatal Fund/Public Health Fund 15. Board Signature of Resolution No. 2015-018, Transferring Appropriations within the Sheriff’s Office Fund 16. Chair Signature of Resolution No. 2015-017, Appropriating a New Grant in the Behavioral Health Fund 17. Chair Signature of Resolution No. 2015-014, Increasing the Clerk’s Office Change Fund 18. Board Signature of Letters regarding Forest View Special Road District: Accepting the Resignation of Daniel Court, Sr. and Thanking him for his Service; and Appointing Patricia Myers through December 31, 2016, Kyle Williams through December 31, 2017, and Norman Misaique through December 31, 2018 Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 10 of 12 19. Approval of Minutes:  Business Meeting of March 11, 2015  Work Session of March 11, 2015 CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 20. Before the Board was Consideration of Board Signature of Resolution No. 2015-016, Transferring Appropriations in the Black Butte Ranch County Service District’s Operating Fund. UNGER: Move signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Board Signature of Resolution No. 2015-019, Transferring Appropriations in the 911 County Service District’s Operating Fund. UNGER: Move signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $12,227.25. BANEY: Move approval, subject to review. UNGER: Second. Minutes of Board of Commissioners’ Business Meeting Monday, March 25, 2015 Page 11 of 12 VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,899.81. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $760,526.63. Erik Kropp noted that $162,000 was paid to Circuit Court regarding foreclosures, and a Telecare pass-through payment was also made. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 25. ADDITIONS TO THE AGENDA None were offered. Being no other items brought before the Board, the meeting was adjourned at 11:10 a.m. DATED this ~Day of ~ 2015 for the Deschutes County Board of Commissio ers. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: ~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, March 25, 2015 Page 12 of 12 MountainStar family relief nursery SA v r TII [ 1M n FOR MOUNT AIN S T AI< MAm..'AS· ANN UA L LUNCHrONI day: Thursday, April 30th (fittingly the lost day of Child Abuse Pteventlon Month) time: 12pm to 1pm place: Madras United Methodist Church rsvp by email: kaylor @mDUntolnstarfamlly.org This is a wonderful event and a great opportunity to hear from MountainStar families, staff and supporters . We look forward to seeing you there l We'nt hent for vulnerabl6 famllle5. ... MountalnStar Madras Relief Nursery . . ,i ~( .. '... .. MountainStarFamily.org ,~ If you have driven north through Madras lately, you may have seen oUf new billboard along the west side of Highway 97 1 SpeCial thanks to Keely Taylor of Pacific Residential Mortgage for donating this exciting promotional opportunity to MountainStar Madras Relief Nurseryl VISITS HEL P REUNIT E CHILDREN AND PA RENTS MountainStar has a little-known but valuable program that helps families after children have been placed in foster care. Research documents that the more time parents vis it with their kids, the faster they take care of issues keeping them from earning custody, and the more successfully they reunite . MountainStar offers a supervised visitation program in a family-friendly setting where parents and children cook and share meals, cuddle, read, and more. This program is 100% funded , thanks to contracts with the Oregon Department of Human Services. For three years, MountainStar has also been participating in a resear ch project called Relationship-Based Visitation that wraps up thiS month. Parent feedback has s hown the project helped caregivers improve their nurturing skills and attitude toward parenting. NEW PRINEVILLE REL I EF NU R5E R ~ OPEN I NG IN AP RIL I MountainStar is opening a new Relief Nursery to serve at-risk children and families of Crook County! The need is urgent: Crook County has one of the highest rates of child abuse and neglect m the state -last year th ere were 21 conhrmed cases of abuse/neglect per every 1,000 children (the state average is 11). The new Relief Nursery will serve 30 of the county's highest risk families during their childrens' most cr itical development phase; the hrst 1,000 days of life. With the help of our supporters, MountainStar helps families whose babies and toddlers are being exposed to toxic stress, emotional trauma, and chaos at home -all of which have detrimental impacts in young developing brains . MountainStar's serv ices are delivered with a comm itm ent to the highest le ve l of quality, and that in cludes aligning our approa ch to ht with the cultural and ethnic norms of people we serve. Our new Prineville team wi ll pay particular attention to the unique needs of un/under-employed, Spanish­ speaki ng, and Native American families. The new Relief Nursery will follow the same model of early childhood abuse prevention as in Bend and Madras. The initial S25,000 of start-up funding has been secured by the regional Early Learning Hub, but it will cost approximately S70,000 annually to operate a full satellite Relief Nursery similar to MountainStar Madras. Due to limited fundmg, Prineville will start out as a one cla ssroom, two employee operation, and as more donors step forward in support of Crook County babies and toddlers, we will be able to serve more families. If you are compelled to help your neighbors in Crook County, please go to mountainstarfamily.org and click to donate OR send a check to MountainStac Prineville 2125 NE Daggett Ln, Bend, OR 97701 765 Noeth Main Sueetand use the memo line to deSignate To visit, ca1l541-416-0146your donation to Prineville . Thanks! I MOUNTAINSTAR BEND -SIMON'S STOR~ BEND: WHA T 'j OU GA VE IN 2014 Amanda at MountainStar Bend has been working with Simon individuals and businesses contributed 665and his mom since the fall of 2013. At that time, mom did not $260,872have a job so she and Simon (age one) were making due with food stamps , getting some cash assistance from the state and staying in various friends' homes while they waited for low income housing to become available. This unstable environment, combined with the fact that mom wasn't sure what activities were developmentally appropriate for Simon, was taking a toll on both of them. When mom reached out to MountainStar, she told Amanda that she was a high school dropout, had a past history of drug abuse and was not raised in a way that had given her positive parenting behaviors to modeL What she did have was a desire to do better for herself and her son, and was very receptive to suggestions on how to do just that. Today, mom has a job that she secured through the jobs program, as well as reliable transportation and stable 320 in-kind donations valued othousing for herself and Simon . Most importantly, she is learning how to relate to and nurture Simon during his critical toddler years. And on the dark days when mom is down on herself for not having more money or a better place to live, Amanda reminds her of how far she and $57,058 Simon have come and how much she has accomplished in improving her son's quality of life . CHILD &FAMIL ~ THERAP~ PROGRAM RE-LAUNCHESI The average family enrolled with MountainStar lives with a staggering (18) number of risk-factors that cause toxic stress in children and parents alike . We've learned that counseling can be a game-changer when it comes to helping people heal themselves of toxic stress and the litany of issues that come with it -think parents struggling with severe depreSSion and children detrimentally delayed in every area of development. For seven years, MountainStar managed to offer in-house therapy by way of Program Director Cherie Skillings doing double duty. Unfortunately, funding and staff bandwidth petered out in spring of 201~ and this vital resource for families came to an end. MountainStar is thIjJJed to announce that, thanks to generous donations from David & Shelley Butler and The Bend Foundation, our Child & Family Therapy Program was revived earlier this year! The new-and-improved program will offer services including interaction therapy, depression WHA T 15 TOXIC 5TRE55? support groups, and individual Harvard's Center on the Developing Child defines toxic stress as the persistent activation and family counseling -all of the body's stress management system in the absence of support from a protective free of charge . Cherie Skillings . and loving adult. Many of the children we serve at MountainStar experience toxic stressMountainStar's Program Director daily, while their parents are unaware or tooof twelve years , was tapped to stressed themselves to intervene.take on this new part-time mental How Toxic Stress Affects Baby Brains health role. She has chosen to Unrelenting stress caused by extreme take this opportunity to follow her poverty, neglect, abuse, or severe passion for working directly with maternal depression can negatively alter families. Cherie has been a leader a young one's developing brain, with since she arrived at MountainStar long-term consequences in learning, in 2003 and we celebrate her behavior, and physical and mental health . Poailive Relation$hips Extreme Neglect transition, while simultaneously This is what we combat at MountainStar. Gon......... ~('.hllol ••_ .......... welcoming our new Program Director, Jeanna Darnell! WHO ~OU HELPED -RELIEF NURSER~ NUMBERS -2014 MOUNTAINSTAR MADRAS -SARA'S 5TOR~ Kay is a single mother who was diagnosed with cancer and had to have the bottom half of her leg amputated. Her health issues led to the end of a long-term relationship, leaving Kay struggling with loneliness and depression. Kay's young daughter, Sara, was isolated in the house with her dejected mother every day, never able to spend time outside or playing with other children. Kay has been working with Jeanna at MountainStar Madras for seven months now and the difference is dramatic. Sara spends time in MountainStar's therapeutic classroom, bonding with other children and thriving in an environment that stimulates and nurtures her. While Sara is in the classroom, Kay has bravely ventured out and is making positive friendships in the community. She is also taking time to take care of herself through regular counseling sessions. Where there was once isolation and sadness, Kay and her daughter are now blossoming. MADRAS: WHA T 'jOlJ GA VE I N 201 4 97 individuals and businesses cantributed $20/945 5 faundatians cantributed $30/306 mou ntainstadamilY·OIg 541-322-6820 2 125 NE Dagg ett Lane B end, OR 9 7 7 0 1 n TOT AL CHILDREN SERVED 263 all babies and toddlers, 6 weeks through 3 years TOTAL PEOPL E IMP ACTED kids+family memb e rs 1 96 i n Madras 39 5 in Ben d TOTAL HOME VISITS for therapeutic classroom1,092 program participants + safety net families IN THE FAMILI£5 WE 5ERVL .. 36% of children have a disability 4 1% of families do not have enough food 53% of parents are survivors of abuse 65% of parents have mental health issues 74% of parents are un/under-employed 20 families are currently hameless of children enrolled at MountainStar remained safe from abuse and neglect of parents felt their relationship with their child(ren) improved within their first six months in MountainStar's programs Reported Ins t ance s or chil d abuse las t ~e a r: Croo k Co u nt~ -m JeITerson Co u n t ~ -58 Desch ut es But ... 91% Co u n t~ -252 of children enrolled at MountainStar remained safe from abuse and neglect! MountainStar is launching a Child Abuse Prevention Month Fundraising Campaign . Our goal is to raise S~O,OOO in the month of April so we can continue keeping Central Oregon children safe, parents successfu l, and families together. YOU can protect a baby from abuse . Y OU can rescue a toddler from neglect. DON'T WAIT -DONATE today at mountainstarfamily.org TOLL6 CfO 'puag awn naBBeo ::IN Sl1C: AJ~SJnU j.~!I~J AI!UH?j. J04SU!04UnOW Community Development Department Planning DIvision Building Safety Division Environmental Soils DIvision P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: March 25, 2015 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) Central Oregon Irrigation District (COlD) 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 DeC 18.120.0501• The Board held a public hearing on the text amendment request on July 2, 2014. The written record was originally closed on July 16, 2014. At the request of the applicanf, the Board approved an abeyance of the process to allow for possible mediation between the parties for the text amendment. The Board3 issued a memo dated August 4,2014, that stated: "In order to provide an element of certainty for the parties, the community and interested persons, the BOCC endeavors to completing its review and taking final action on the pending text amendment on or before March 25, 2015." The extension of the process also left the written record open, and the Board determined under Order 2015-018 that the written record would close on March 20, 2015, and the Board would conduct deliberations on the text amendment on March 25, 2015. Attached for the Board's review are the additional written materials submitted to the Community Development Department since the August 13, 2014 Board work session. In addition, included in the materials are: (1) A summary of arguments for and against TA 13-4. This summary is not all inclusive. (2) An ordinance matrix that identifies the applicable Bend Area General Plan (BAGP) to this application submitted in the record on Friday, March 20. The issue regarding which comprehensive plan applies to the proposed text amendment has been raised I 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. J30. 2 Letter from Elizabeth Dickson requesting abeyance, and which included a tentative mediation schedule. 3 The Board issued an August 4,2014 memo signed by Tammy Baney, Board Chair. Quality Services Perfonned with Pride throughout the process. Staffs position is that, to the extent any of the ordinances listed in the attached matrix address the subject area, those are the comprehensive plan provisions that apply to this application. Previously, the Planning Commission unanimously voted to recommend denial of this application after conducting a work session on January 27, three public hearings on February 13, March 13, and March 27, 2014. BOARD OPTIONS: Conduct deliberations and decide to: 1 Approve the text amendment. 2. Deny the text amendment. 3. Table the text amendment (take no action). 4. Continue deliberations to a future date. ATTACHMENTS: 1. Summary of arguments for and against the proposed text amendment. 2. Ordinance matrix for the Bend Area General Plan. 3. Written materials submitted after the Board's August 13, 2014 work session. BOCC Memo (TA-13-4) Page 2 Timeline: December 23, 2013: File No. TA-14-3, a text amendment proposing to allow the operation, maintenance, and piping of existing irrigation systems as an outright use within the Suburban Residential (SR) 2~ zone, was summited to the Community Development Department. March 13, 2014: File No. HS-14-1, an application to designate a portion ofthe Pilot Butte Canal as a historic site, was submitted to the Community Development Department. This application was voided based on the determination that location of the properties were under City of Bend jurisdiction per the Bend Area General Plan. (This was later determined to be incorrect.) April 22, 2014: File No. HS-14-2, a comprehensive plan amendment to add a portion of the pilot butte canal to historic inventory, was submitted to the Community Development Department. This application was returned to the applicant and the fees refunded based on the determination it could not be processed without signature from COlD as an easement owner. November 3,2014: File No. 247-14-000373-HS, a comprehensive plan amendment to designate an approximately one-mile segment of the Pilot Butte Canal as a Goal 5 historic resource in the SR 2 ~ zone, was submitted to the Community Development Department. December 9,2014: Staff issued an administrative decision rejecting the filing of File No. 247-14-000373-HS. December 15, 2014: The Board initiated review of the administrative decision rejecting the filing of File No. 247-14-000373-HS by Order No. 2014-038. January 28,2015: The Board conducted a public hearing reviewing the administrative decision rejecting the filing of File No. 247-14-000373-HS. The hearing was closed this same day. February 6,2015: The deadline for submittal of written comments regarding the administrative decision rejecting the filing of File No. 247-14­ 000373-HS. March 6, 2015: The deadline for the submittal of final arguments by the applicant regarding the administrative decision rejecting the filing of File No. 247-14-000373-HS. March 25, 2015: Board deliberation on File Nos. 247-14-000373-HS and TA-14-3. SUMMARY OF ARGUMENTS FOR & AGAINST TA 13-4 CONTAINED IN THE RECORD ARGUMENTS FOR: ARGUMENTS AGAINST: 1. Water Conservation l. Policy Issues • 19.6 cfs of water being conserved through completion of the first phase of piping • 7.8/7.95 cfs of water could be conserved in second phase of piping in SR-2.5 Zone • Conserved water is returned to the Deschutes and Crooked Rivers • The canal water does not really recharge underground aquifers 2. Energy Production • Piped water currently produces 3.3 megawatts of renewable energy (power for 3,300 homes) • Second phase of piping would increase this to 5.0 mw and power for up to 5,000 homes 3. Environmental Benefits • Increased flows in the Deschutes and Crooked Rivers • Increased flows aid in fish and wildlife habitat and recreational needs • Faster and colder flows reduce algae growth and screen blockages • Cities will have access to mitigation credits, providing more water for growing communities 4. Financial Benefits • Income from sale of hydro power funds piping construction • Water delivery is less expensive for local food growers 5. Impacts • TA impacts aU of COlO's Pilot Butte Canal (and other canals) in SR 2.5 Zone 6. Legal Arguments • COlO's Board of Directors has the ultimate authority over District decisions • COlD's rights-of-way are Federally protected and recognized by Oregon Law • Public right outweighs harm to adjacent properties as a matter of public policy, by Federal court decree • COlO owns its rights-of-way and therefore has a controlling property interest Restricting COlD's right to pipe is a "taking" • • TA would revoke Goal One protection of the public's right to participate • It's unfair and unjust to change a process midstream; COlD initiated the process fully aware it was not allowed as an outright Permitted Use in the SR 2.5 zone • Hydroelectric facilities are clearly and appropriately addressed in the Conditional Use section of Title 19 for good reason, and should remain so • Project should be reviewed on an Urban Growth Boundary-wide basis, not as an isolated SR 2.5 issue 2. Environmental Concerns • Loss of wildlife habitat along canals • Groundwater recharge, both shallow and deep, negatively affected by piping (deep aquifer impacts detailed in 2013 USGS report) • Piping of canals is already discouraging use of in-stream lease agreements, a major source of water conservation in the basin • Canal can be lined rather than piped to achieve conservation goals 3. Livability • BAGP calls for trail to be built alongside open-water, "major" canals • Damage to neighborhood aesthetics if water replaced with 12 ft. berm and fencing • Hydroelectric facility forebay will be safety hazard in residential neighborhood • Hydroelectric facility forebay would become a continuous repository of refuse • Owners would bear brunt of economic impacts for the benefit of COlO patrons 4. Legal Arguments • Canal reach should be protected as an historic resource • Applicant has no legal right to excavate on private property, including under south end of Old Deschutes Bridge • Applicant has no legal right to build earthen berms (structures) alongside forebay • ExpanSion of easement would place significant burden on servient property owner NOTE: These arguments do not represent the views of the Community Development Department. TA-13-4 Document Log (8-14-14 to 3-20-15) Item Date Submitted Tom Hignel email to Nick lelack 8-22-14 Schroeder law Offices letter w/attachment 12-29-14 laurie Craghead -legal Opinion for the Record 1-28-15 Karen Jones letter 2-24-15 (Received 3-4-15) Greg and Sue Vernon letter 3-3-15 (Received 3-5-15) Ronald and Joy Minnice email letter 3-11-15 Elizabeth Dickson email to David Doyle 3-11-15 Elizabeth Dickson letter to BOCC w/attachments 3-12-15 BOCC Agenda Request 3-12-15 i Sheryl Mondt email letter 3-15-15 ! Ron and Joy Minnice letter to DCPC 3-15-15 (Received 3-17-15) Curtis and Stacy Peilletter 3-15-15 (Received 3-18-15) , Ron and Joy Minnice letter 3-16-15 . BOCC Order No. 2015-018 3-16-15 Thomas Casey/Natalie Jameson letter 3-17-15 Gerald Aylor letter 3-17-15 (Received 3-20-15) linda Aylor letter 3-17-15 Trace Tipton letter 3-18-15 Joette Storm letter w/attachment 3-19-15 Brian Sheets email to Staff 3-19-15 Ordinance Matrix 3-19-15 Robert Rector letter w/attachments 3-19-15 COlD letter 3-20-15 Aleta Warren letter 3-20-15 Aleta Warren letter (second one) 3-20-15 Gladys Biglor letter 3-20-15 liz Dickson (Hurley Re) letter w/attachments 3-20-15 i Pat Kliewer letter w/attachments 3-20-15 Application/Issue Information in Record Board Options Motion Examples 247-14-000373-HS Issue #1 Timing of Application Submittal Are There Other Pending Applications That Might be Affected by Historic Resource Designation? • • I. Text amendment file TA-13-4 was submitted on December 23,2013, and proposes to allow the operation, maintenance, and piping of existing irrigation systems as an outright use within the SR2~ zone. TA-13-4 specifically addresses the Pilot Butte Canal. The subject application was submitted on November 3,2014. DCC 2.28.060(A)(2) requires that any request for historical designation must be filed with the County planning division before the date of application for any building permit, or any other application or permit which might be affected by such historical designation. Staff interpreted "any other application" to include TA-13-4 because it specifically addresses the same segment of the Pilot Butte Canal as the subject application. (Emphasis added) a. Adopt Staffs decision and findings, with or without modification. b. Find that TA-13-4 will not be affected by the historic designation and the subject application may be filed. a. "Move to adopt Staffs finding because TA-13­ 4 is affected by a proposed historic resource designation therefore application 247-14-0000373 cannot be filed while TA-13-4 is pending." b. "Move that TA-13-4 is not affected by the proposed historic designation, therefore application 247-14­ • The applicant argues TA-13-4 is a legislative amendment affecting all properties in the SR 2 ~lone, not just the Pilot Butte Canal, and such a request is not intended to be included as "any other application" and should not prevent the filing of the historic deSignation application. c. Find that legislative amendments are not what was meant by "any other application. 0000373 can be filed." c. "Move that legislative amendments are not what was meant by "any other application." 247-14-000373-HS Issue #2 Property Ownership Is COlD an Owner of the Canal Eligible to Refuse Historic Resource Designation of This Segment of Canal? • • I. The canal is located within an easement held by Central Oregon Irrigation District (COlD). A Deschutes County Hearings Officer found in file no. A-1O-2 (NUV-09-1) that the holder of an easement across private property is a "property owner" as defined in DCC 22.08.01O(A). Based on this analysis, Staff found that COlD is an owner along with the underlying real property owners and can refuse historic resource designation pursuant to OAR 660-023­ 0200(5). The applicant argues COlD is only an easement holder, not an owner, and COlD's consent is not needed for the segment to be designated as a historic resource. a. Adopt Staffs decision and findings, with or without modification. b. Find that COlD is not an owner of the canal. a. "Move to adopt Staffs decision and findings that COlD is an owner and can refuse a historic resource designation on this segment of the Pilot Butte CanaL" b. "Move that COlD is not an owner of this segment of the Pilot Butte CanaL" March 25, 2015 j I I ! Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 I Dear Commissioners, iI i Although I have respect for his service to the county, I have serious concerns that Commissioner Unger I cannot be impartial in reviewing and deciding TA 13-4. I ~ 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. I I 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper I Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. I I I 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger hasI j acted as an advocate for piping and hydropower projects, especially for COl and North Unit Irrigation ! ! Districts. I 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and info rmation. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COl and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. I I I March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Com missioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COl and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, I J I i J March 25, 2015 I 1 I Deschutes County Board of Commissioners 1300 NW Wall Street, ~ Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COl and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, i~f .,, j \'))L(~r g.. '.~ I I J ~4~ March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although 1 have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. 1. He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for COl and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, , I, I 1 I ! March 25, 2015 Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Dear Commissioners, Although I have respect for his service to the county, I have serious concerns that Commissioner Unger cannot be impartial in reviewing and deciding TA 13-4. L He is a user of Pilot Butte Canal irrigation water and is served by Central Oregon irrigation District. It is a user's district that includes him. 2. Commissioner Unger stands to gain financially through an increase in power output at the Juniper Ridge Hydroelectric plant. The Applicants have stated that the primary reason for the text amendment is to increase head at the power plant to increase power generation and thereby increase revenue exclusively for the district. 3. On several occasions, including at the Bend City Club on March 19, 2015, Commissioner Unger has acted as an advocate for piping and hydropower projects, especially for cal and North Unit Irrigation Districts. 4. His attendance at a portion of only one public hearing on this issue before the County Planning Commission in 2014 was to watch the power point presentation by COlD manager Steven Johnson. That had the appearance of bias and impropriety. 5. In other public meetings of the BOCC, he has criticized the "neighbors" of the Pilot Butte Canal in Section15, regarding their local efforts to add the historically significant canal to the local comprehensive plan as a historic resource, later efforts to list it on the National Register, and for failure of a one-sided mediation efforts to get the sides together, all based on his incorrect assumptions and information. For these reasons, I am challenging Commissioner Unger's ability to be a neutral decision maker on this issue. Sincerely yours, Date: March 18,2015 To: Deschutes County Board of Commissioners From: Judith Ure, Management Analyst Subject: Special Transportation Fund Advisory Committee (STF AC) Recommendations for Distribution of Federal Transit Administration (FTA) 5310 Funds Special Transportation Fund Discretionary Grant Program Each biennium, Deschutes County solicits grant applications from local transportation service providers for projects to be included in the County's request for funding through the Oregon Department of Transportation's (ODOT) Federal Transit Administration (FTA) 5310 funding program. Programs and projects supported by 5310 funds primarily facilitate transportation services that benefit the elderly and/or disabled and can address a wide variety of uses including capital equipment purchases, vehicle maintenance, purchased services, and operations. Applicants must provide matching funds to support the project at a rate of 10.27% or more depending on the request category. Grant applications submitted by local service providers are reviewed by the Special Transportation Fund Advisory Committee (STF AC) which then forms a recommendation for consideration by the Board of County Commissioners. Upon Board approval, staff compiles the recommendations into a composite County request for grant funds. STF Advisory Committee Review Process ODOT has allocated a total of $1,166,381 to Deschutes County for FTA 5310 funding requests. In response to a public solicitation, the County received eligible applications for grants in the amount of$I,166,381. STF AC members considered the merits of each application as well as the community priorities outlined in the Deschutes County Coordinated Human Services Transportation Plan, applicant history, scope of benefit, geographical impact, and sustainability issues to develop preliminary individual recommendations. During a public meeting held on March 18, 2015, the STF AC met as a group to develop a consensus recommendation for the Board's consideration. STFAC Recommendations The following table details the STFAC's recommendation for allocating FTA 5310 funds. As the amount available to Deschutes County was sufficient for all the applications received during this cycle, the committee chose to fully fund all requests as submitted. I Applicant Description Total Match Recommended 1 Cost Grant I City of Redmond Contractual transportation services provided $438,169 ,000 3,169 Cascades East Transit. City of Sisters transportation services provided $64,265 $6,600 $57,665 East Transit. Deschutes County $97,371 $10,000 $87,371 Board Action Staff recommends that the Board of Commissioners approve the recommendations of the STF AC as submitted and to authorize staff to submit the resulting 2015-17 FTA 5310 Grant Program application to ODOT. Bonnie Baker From: Anna Johnson Sent: Friday. March 13.20152:52 PM To: Anna Johnson Subject: Request for Public Comment/Meeting Notice MEDIA CONTACT: Judith Ure at (541) 330-4627 NOTICE OF SPECIAL TRANSPORTATION FUND ADVISORY COMMITTEE MEETING AND REQUEST FOR PUBLIC COMMENT FEDERAL TRANSIT ADMINISTRATION 5310 FUNDING The Deschutes County Special Transportation Fund Advisory Committee will meet on March 16 at 3:00 p.m. in the C.L. Allen Room, located on the second floor of the Deschutes County Services Building at 1300 NW Wall Street, Bend, Oregon. The purpose of the meeting is to review the following requests for funding from the Federal Transit Administration Section 5310 Program offered through the Oregon Department of Transportation to primarily support transit services for the elderly and persons with disabilities: • City of Redmond: $393,169 to purchase contractual transportation services. • City of Sisters: $57,665 to purchase contractual transportation services. • Deschutes County: $87,371 to purchase contractual transportation services on behalf of the La Pine Community. • Cascades East Transit: $225,248 to maintain existing vehicle fleet. • Cascades East Transit: $126,844 to purchase two replacement vehicles. • Cascades East Transit: $276,084 to purchase contractual transportation services to support the Bend Dial-a-Ride program. Deschutes County invites comments on the proposed applications which may be submitted by sending a written response by March 24, 2015 to: Judith Ure, Deschutes County Department of Administrative Services, PO Box 6005, Bend, OR 97708-6005, or by attending the public meeting described above. Contact Judith Ure at (541) 330-4627 for additional information. ## Anna Johnson I Public Communications Coordinator Deschutes County Administration 1300 NW Wall St. Suite 200 I Bend, Oregon 97701 Tel: (541) 330-4640 I Fax: (541) 385-3202 f ~ .._." .~ Deschutes County encourages persons with disabilities to participate in all programs and activities. If you need accommodations to make participation in an event possible or to request this information in an alternate format, please contact me. 1 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 25, 2015 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public hearing will NOT be included in the official record ofthat hearing. 3. THE READING ofa Proclamation Declaring April 2015 as Child Abuse Prevention Month in Deschutes County -Kim Bohme and KIDS Center Staff 4. DELIBERATIONS on File #TA-13-4, a Proposal to Amend Code to Allow as a Use Permitted Outright in the SR-2.5 Zone, the Operation, Maintenance and Piping of Existing Irrigation Systems Operated by an Irrigation District -Paul Blikstad, Community Development Suggested Action: Deliberate; provide direction to staffregarding a decision. 5. DELIBERATIONS on File #247-14-000373-HS, an Application for a Plan Amendment to Designate an Approximately One-Mile Segment of the Pilot Butte Canal in the SR-2.5 Zone as a Goal 5 Historic Resource -Matt Martin, Community Development Suggested Action: Deliberate; provide direction to staffregarding a decision. Board of Commissioners' Business Meeting Agenda ,Monday, March 25, 2015 Page 1 of6 CONSENT AGENDA 6. Chair Signature of Document No. 2015-100, Amending an Intergovernmental Agreement with the Oregon Health Authority regarding Behavioral Health Services 7. Chair Signature of Document No. 2015-176, an Intergovernmental Agreement with City-County Insurance Services, Clackamas County and Washington County for the Purpose of Creating an Insurance Pool to Purchase Excess General Liability Insurance 8. Chair Signature of Document No. 2015-078, a Services Agreement between Adult Parole & Probation and Vigilnet for the Electronic Monitoring Program 9. Board Signature of Resolution No. 2015-015, Initiating Legalization Proceedings for a Portion of Tetherow Road 10. Board Signature of Order No. 2015-015, Causing a Portion of Tetherow Road to be Surveyed, Road Official Filing a Report, and Notice of the Legalization Process 11. Chair Signature of Document No. 2015-174, Certifications and Assurances Required to Receive Federal Transit Administration Funds 12. Board Approval of Document No. 2015-175, an Amendment to an Agreement with ODOT for Special Transportation Funding 13. Board Approval of Special Transportation Fund Advisory Committee Recommendations for Distribution of Federal Transit Administration 5310 Grant Funds 14. Board Signature of Resolution No. 2015-021, Transferring Appropriations within the Healthy Start Prenatal Fund/Public Health Fund 15. Board Signature of Resolution No. 2015-018, Transferring Appropriations within the Sheriff s Office Fund 16. Chair Signature of Resolution No. 2015-017, Appropriating a New Grant in the Behavioral Health Fund 17. Chair Signature of Resolution No. 2015-014, Increasing the Clerk's Office Change Fund Board of Commissioners' Business Meeting Agenda Monday, March 25,2015 Page 2 of6 18. Board Signature of Letters regarding Forest View Special Road District: Accepting the Resignation ofDanie1 Court, Sr. and Thanking him for his Service; and Appointing Patricia Myers through December 31, 2016, Kyle Williams through December 31, 2017, and Norman Misaique through December 31, 2018 19. Approval of Minutes: • Business Meeting of March 11, 2015 • Work Session of March 11,2015 CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 20. CONSIDERATION of Board Signature of Resolution No. 2015-016, Transferring Appropriations in the Black Butte Ranch County Service District's Operating Fund CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. CONSIDERATION of Board Signature of Resolution No. 2015-019, Transferring Appropriations in the 911 County Service District's Operating Fund 22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 23. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 24. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 3 of6 25. ADDITIONS TO THE AGENDA 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) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. 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; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please calf 388-6572.) Monday, March 23 1 :30 p.m. Administrative Work Session -could include executive session(s) Wednesday, March 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, March 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Wednesday, April 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session -could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 4 of6 Monday, April 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session could include executive session(s) Tuesday, April 7 3 :30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 8 10:00 a.m. Board of Commissioners' Business Meeting I :30 p.m. Administrative Work Session -could include executive session(s) Wednesday, April 15 10:00 a.m. Department Update Health Services, at Health Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Tuesday, April 21 10:00 a.m. 911 Executive Board Meeting, at 911 2:00p.m. Department Update -Fair & Expo, at Fairgrounds Wednesday, April 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session -could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, March 25,2015 Page 5 of6 Monday, April 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session could include executive session(s) Wednesday, April 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, May 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Tuesday, May 5 2:00 p.m. Department Update -Finance 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, May 6 10:00 a.m. Board of Commissioners' Business Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Thursday, May 7 1 :30 p.m. Department Update Assessor Wednesday, May 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Tuesday, May 19 1 :30 p.m. Department Update -Juvenile Community Justice, at Juvenile Wednesday, May 20 2:30 p.m. Department Update -911 Service District, at 911 Board of Commissioners' Business Meeting Agenda Monday, March 25, 2015 Page 6 of6