Approved June 30, 2010

Transcription

1 BE IT REMEMBERED THAT the regular meeting of the Crook County Court was held on beginning at 9:00 a.m. in the County meeting room located at 320 NE Court Street, Prineville, Oregon. In attendance were: County Judge Mike McCabe; County Commissioner Lynn Lundquist; County Commissioner Ken Fahlgren; County Counsel Dave Gordon and County Court Secretary Colleen Ferguson. Members of the public signing the attendance log were: Russ Read, Prineville; Chuck Williams, Prineville; Pete Schell, Prineville; Gaylynn Kern, Prineville; Bob and Sharon Garland, Prineville; County Treasurer Kathy Gray; Sheriff Rodd Clark; Steve Holliday, Prineville Disposal; Chuck Holliday, Prineville; Seth Crawford, Prineville; John Sundell, Powell Butte; Dan Parks, Prineville; Adam Diskin, Bend; Gary Eder, Powell Butte; Craig Kilpatrick, Redmond; Brian Barney, Prineville and Penny Keller; The media was notified of the meeting. 1. Approve minutes of May 5, 2010, May 10, Approve Amendment 1 to IGA # / Deschutes County building inspection services 3. Approve Intergovernmental Agreement #2390/ Map maintenance/ Crook County and Dept. of Revenue 4. Approve Healthy Start Contract Amendment 5. Approve CASA Contract Amendment 6. Approve Tenth Amendment to IGA # for the Financing of Public Health Services 7. Approve Memorandum of Understanding between City of Prineville and Crook County for financing Hwy 126 Corridor Refinement Plan Study 8. Approve Memorandum of Understanding between City of Prineville and Crook County/ CREFF Contract for Award/Solar Feasibility Study/ Removed, incomplete 9. Adoption of Intergovernmental Agreement Regarding 2010 JAG Grant (City of Prineville/Crook County) 10. Adoption of Second Intergovernmental Agreement Regarding 2010 JAG Grant (City of Prineville/Crook County) 11. Approve Resolution, In the matter of Achieving Statewide Interoperable Communications for emergency Responders The Court reviewed the Consent Agenda, removing #8, CREFF Contract, changing language regarding interest in #7 and adding an emergency Order to t he discussion agenda exempting road construction on Lone Pine Road from competitive bidding pursuant to Crook County Code and declaring an emergency. Commissioner Lundquist moved to approve the Consent Agenda as amended. Commissioner Crook County Court 1

2 Grizzly Road Gate closure (originally scheduled for today but removed due to procedural issues) Mr. Gordon discussed the removal from today s proposed agenda of the Grizzly Road gate closure. The road is generally gated during the year except for a two month open period. A request was done by way of a petition to gate the road year round due to extreme fire danger from downed junipers in the area. Mr. Gordon presented information from the 2006 policy that sets forth procedural requirements that needed to be presented in the original petition. The request cannot take the place of criteria. There was no notice placed on the gate as is required,so it is to remain open this year during the May 15 th to July 15 th time period. Discussion was held regarding the fire danger that is real and will remain until all the downed junipers are removed. If it becomes too hot and dry, there may need to be an additional restriction. If a true emergency the road could be closed. A member of the audience stated that he went out to use the road and the gate was locked. When he called the posted phone number to ask about a key, he was asked if he was a property owner. Discussion was held regarding the mud that is the problem at the moment. Mr. Gordon will contact the Ochoco West Association and advise them that they are out of compliance by locking the gate at this time. Budget hearing for approved budget for FY / Kathy Gray Ms. Gray presented one budget change, a transfer of $7,110 to the newly established reserved fund for the Special Transportation Fund. At this time, the Contingency fund is higher than originally anticipated. The adoption of the budget is schedule for the County Court meeting of June 16, Judge McCabe opened the public hearing. There were no comments or concerns received regarding the County Budget. The public hearing was closed. Presentation from GIS for Internet Contract, back-up proposal, Title III projects and proposals for printer/ Steve Dougill GIS Director Steve Dougill presented a request to use new Title III funds for salary costs associated with layers of data cover for mapping for fire and emergency services that would cover the federal forests. The Court agreed conceptually and asked Mr. Dougill to do further research on the criteria and use of Title III funds. Mr. Dougill presented information on an Internet Connectivity Contract and after receiving three quotes, recommended using Prinetime as has been used for the past few years. He presented information on a back-up solution (a type of insurance for data) and recommends EDPM after receiving quotes. It is the most flexible, will expand to meet County needs and has no maintenance charge for the first three years. He will be testing the solution at no cost. The Court asked Mr. Dougill to look into cell phone contracts and unite the county cell phones into one plan to save money. The Court discussed cell phone policy. Mr. Dougill and a Pacific Automation representative presented information regarding purchasing printers and supplies from one source and revamping contracts so that all contracts are starting and terminating at the same time. Discussion was held regarding piggybacking onto the Deschutes County bid from Pacific Automation to receive the best buy for new printers. Crook County Court 2

3 Title III Forest Related Educational Program/ Brian Wachs High School Instructor Brian Wachs and students Jennifer Brummett and Heather Worthing presented an overview of the Natural Education Resource Program, the projects, the number of students working during the summer on the projects and the salaries paid for that work, and the request to use Title III funding to help finance the program. The request is for $29, to be paid from Title III funds. Commissioner Fahlgren moved to approve the use of $29,585 to be used for funding of a Forest Related Educational program. Commissioner Lundquist seconded the motion. The vote was 3-0, motion carried. There will be a mandatory 45-day public notice placed in the newspaper for comment before funds can be expended.. Consider policy re: Ag Exempt structure, Order Planning Director Bill Zelenka provided information on the past agricultural exempt and equine exempt policy that has been used for several years, and the need for clarification. Discussion was held on farm buildings, non-farm dwellings and temporary dwellings and the acreage requirements tied to the policy for these dwellings. Discussion was held on state statute that cannot be controlled by local areas. There were two language changes to the order, the addition of the word permanent and the addition of the phrase storage of hay. Commissioner Fahlgren moved to accept and approve Order as revised. Commissioner Lundquist seconded the motion. The vote was 3-0, motion carried. Ordinance 229, an ordinance amending Title 18 of the Crook County Code to adopt standards for commercial and non-commercial wind and photovoltaic energy systems and declaring an emergency, second reading, public hearing, vote (emergency clause) Judge McCabe opened the discussion by reading the prepared statement and asking for bias or challenges from the public. There were none. Commissioner Fahlgren moved to read Ordinance 229 by title only. Commissioner Lundquist seconded the motion. The vote was 3-0, motion carried. Judge McCabe read Ordinance 229 by title only and asked for staff report. Bill Zelenka reviewed the ordinance, the proposals of separating the photovoltaic energy from wind energy, and information that was provided during testimony at the first hearing on the matter that involved traffic analysis, wildlife impact, emergency management plans, weed control and dismantling plans as well as criteria for the setback. Mr. Zelenka recommended retaining the 100 foot standard setback from which variances could be granted. Discussion was held regarding bonding and the process of establishing rates for the bonds. Mr. Gordon discussed operational agreements and decommissioning bonds. Crook County Court 3

4 Judge McCabe opened the public hearing. Deborah McMahon, representing DH & Energy and Adam Diskin, owner, discussed the solar renewable energy process that if installed in Crook County could become the fifth largest tax payer in the County. Set back distances, fences and reclamation were discussed. Ms. McMahon said the 100 foot setback would cause an impact and would use land that could be used for the project. Regarding traffic, she referred to the TSP and to following the TSP. She discussed reclamation plans, bonding for construction and reclamation and that all sites will be unique. Ms. McMahon discussed terminology and wordsmithing, changing the wording from bonding or other financial securities to financial mechanisms acceptable to the County. Mr. Diskin discussed the type of fencing that should be used for a 50 acres project to be sited on a 197 acre parcel depending on where the project is to be sited, the benefits to the community by way of taxes and local construction zones, retraining people into green energy and setting utility prices for 25 years. He said that regarding bonds and decommissioning, this is all new. The oldest solar projects are in Europe and none have been decommissioned. Mr. Diskin explained the make-up of a solar panel and the efficiency and life time of the panels, Commissioner Lundquist said he has researched through Department of Revenue and has found that the projects have not produced the tax as expected. Discussion was held regarding the three-year zone exemption. The property is not in an EFU zone but is located in an RRM5 zone. Discussion was held on the value of the property, valuation of one parcel and valuation if property was subdivided into all five acre parcels. Mr. Diskin said at this time thre is no anticipation of expanding the facility and discussed the Federal and State tax credits involved. Commissioner Lindquist and Mr. Diskin discussed the cost to society per kilowatt hour. Mr. Diskin said the price to the utility company would be under 10 cents. Gary Eder, Fleming Road, Powell Butte told the Court that this ordinance is not on-line and discussed not wanting a solar station and the glare right next door to residential. He discussed the set back of ½ mile for wind projects and urged public hearings to be heard all over the County on this solar issue. Mr. Eder asked the Court if they had any questions. The Court did not. Jason Carr, EDCO, said that from his perspective he is in support of the project, creating jobs and bringing in tax revenue to the area. He believes this matter has gone through all the proper channels, Planning Commission hearings and County Court hearings. Mr. Carr said he would not want this ordinance so restrictive that projects such as this cannot be located in Crook County. He believes the public interest can be protected and still allow projects in this area. Discussion and review of the previous discussions was held. Mr. Zelenka clarified that this is a legislative ordinance; the Planning Commission held three public hearings, and the County Court has now held two. The Ordinance is not on-line as this is a draft. Mr. Zelenka said he has received no phone calls to his office regarding this matter. He said the ordinance would be an attempt to try to develop a review and develop criteria. Mr. Zelenka said that the wind towers set back distance of ½ mile was developed largely due to the size of the towers; solar panels are 10- feet high and have no glare. With no further public comments provided, the public hearing was closed. Crook County Court 4

5 The Court discussed this as a legislative issue, with policy to be set first. Commissioner Lundquist discussed the history of the County being the first to set a comp plan and the difficulties that arose from being the first. He discussed the applications made for solar energy projects in Christmas Valley and the impact on property per his discussions with realtors in the proposed solar site areas. Commissioner Lundquist said he has done research and discussed the areas that could have solar site, saying the County needs to be careful and possible establishing some zoning for this type of project. Commissioner Lundquist does not see this as an emergency. Discussion was held regarding limitation on sites, zoning for capacity and what would fit into the landscape, downgrading nearby property values and this being a major step for the County. Mr. Zelenka said he and the Planning Department staff are trying to clarify the matter. He said there could be applications received as early as tomorrow and the department needs standards. He said at this time there are no standards and Planning is trying to develop standards to respond to a demand and wants to have an ordinance so that applicants and public know the criteria. He said there must be a transmission line and substation for power transmission. Commissioner McCabe discussed there being no response from 1000 Friends following the discussion with representative of the organization, Pam Hardy. He said he believes she felt that Crook County is on the right tract trying to create the standards. Further discussion was held regarding setback distance standards, enacting this legislation and then going back for revisions, the need for a policy and use of the policy if an application were to be received, language regarding obscuring a view, bonding flexibility and language. The Court directed that this matter continue until the meeting of June 16 th with the changes as discussed today during this second hearing. Consider recommendation of Ordinance 221 Bonding Task Force John Sundell, Chair of the Ordinance 221 Bonding Task Force committee provided information regarding the report presented earlier to each member of the Court on methods of bonding by developers in the County. Discussion was held regarding the change of language in the ordinance from Bond to Collateral and the types of collateral that would be accepted. Brian Barney and Gary Eder, Task Force members attending today s Court meeting had nothing to add to Mr. Sundell s presentation. The Court thanked Mr. Sundell and committee members for all their time and effort spent on review of this ordinance. Ordinance 221 as revised will be presented to the Court for approval and acceptance on June 16, Emergency Order , exempting road construction on Lone Pine Road from competitive bidding pursuant to Crook County Code and declaring an emergency County Roadmaster presented information regarding Phase I and Phase II of Lone Pine Road repair, and the need to hire a grinder currently working in the area today to take care of grinding an area near the train track repair on Lone Pine Road that was raised three inches from pavement completed last year. This area was paved last year in the Phase I portion of the project. Ms. Keller said the County will save $2,000 by using the grinder today as the grinder is already here in the County doing a project for another contractor. The project could then be repaved tomorrow. Crook County Court 5

6 Commissioner Lundquist moved to approve Order , exempting road construction on Lone Pine Road from competitive bonding pursuant to Crook County Code and declaring an emergency. Commissioner. Public Hearing, Ordinance 231, Consider Technical Amendments to Titles 17 & 18, first reading, public hearing, vote: second reading, public hearing, vote, (Emergency Clause) Judge McCabe provided the information regarding the DLCD grant received by the Planning Department that will be covering costs associated with the technical amendments referred to in Ordinance 231. Commissioner Lundquist moved to read Ordinance 231 by title only. Commissioner Judge McCabe read Ordinance 231 by title only and asked for staff report. Planning Director Bill Zelenka explained this as being the first of three projects involved through the DLCD project grant. Ordinances are being updated for consistency. Onethird of the grant money is received when this portion of the project is completed. Road Master Penny Keller recently presented additional items that will be included and referenced in the next portion of the project. Discussion was held regarding language involving engineered stamped plans and public and private roads. This information can be incorporated next month and in the next portion of the project. Further language changes were discussed regarding outright uses and subdivision review committees. A clean copy with the revisions will be available for signature by the County Court if approved. Judge McCabe opened the public hearing. There were no comments or concerns from the public. The public hearing was closed. Commissioner Lundquist moved to approve Ordinance 231 as amended. Commissioner Second Hearing Commissioner Lundquist moved to read Ordinance 231 by title only. Commissioner Judge McCabe read Ordinance 231 by title only. There was no additional staff report. Crook County Court 6

7 Judge McCabe opened the second public hearing. There being no response from the public, the second public hearing was closed. Commissioner Lundquist moved to approve Ordinance 231 on the second reading. Commissioner Consider Ochoco West Recall Issues Due to the unsuccessful recall of the Ochoco West Board members, the County did not discuss this at length. If the recall had been successful, there would have been no governing body and the Court would have been responsible for appointment of the new board. The Court convened into Executive Session (2)(e) Greg Lynch Mr. Lynch did not appear. Judge McCabe declared Mr. Lynch a no-show (2)(d) Deliberate regarding Labor Negotiations Jason Chaney of the Central Oregonian newspaper was not allowed to stay during this executive session. Mr. Gordon explained the reasons that the press is not allowed to stay during a discussion regarding labor negotiations. Reconvene into Open Session. The Court discussed Landfill operations and the possibility of hiring an interim Landfill Manager. There was also a discussion of possibly hiring a full-time mechanic to keep the Landfill equipment in good working order. The Court discussed the need to speak with Landfill Manager Alan Keller currently on suspension with no pay, to discuss ongoing Landfill operation and hazardous waste. Discussion was held regarding presenting written questions to Mr. Keller. County Counsel Discussion was held regarding County Counsel Dave Gordon s time. No appointments are to be scheduled on Thursdays in order to give him time to work on matters that are unfinished due to the heavy workload and no Assistant County Counsel. The Court discussed contracting for legal assistance to deal with the contract for the new landfill cell. The Court and Mr. Gordon discussed the funding that could be used for contracted legal assistance to assist in the processing of County contracts. There being no further business before the Court, the County meeting adjourned at 2:05 p.m. Crook County Court 7