MINUTES OF THE MEETING BENTON COUNTY BOARD OF COMMISSIONERS Tuesday, June 4, 2013 Board of Commissioner s Building 205 NW 5 th Street, Corvallis, Oregon 12:00 p.m., Board Room Present: Staff: Guests: Annabelle Jaramillo, Chair; Linda Modrell, Commissioner; Jay Dixon, Commissioner; Dennis Aloia, Chief Operating Officer; Vance Croney, County Counsel Pat Cochran, Budget; Leroy Fenn, Sheriff s Office; Joe Mardis, Public Works; George McAdams, Natural Areas and Parks; Kevin Perkins, BOC Recorder; Greg Verret, Community Development Bennett Hall, Gazette-Times; Luigi Mineghelli Chair Jaramillo called the meeting to order at 11:59 a.m. I. Opening: A. Introductions B. Announcements There were no announcements. II. Comments from the Public No comments were offered. III. Review and Approve Agenda No other items were discussed. IV. Consent Calendar (The Consent Calendar is approved with one motion) 4.1 Renewal of the 2013-2014 Linn-Benton Juvenile Detention Intergovernmental Agreement Terry Thompson, Juvenile Department 4.2 Application for New Liquor License for Oregon Ryegrass Spirits Leroy Fenn, Sheriff s Office 4.3 Renewal of Annual Liquor and Tobacco Licenses: *Alpine Tavern Blodgett Country Store City Limits Country Store Country Market & Deli *Deb s Café *Garland Nursery LLC *Gathering Together Farm *Golf Club or Oregon *Greenberry Store and Tavern Jacksons Food Stores #108 John Boy s Alsea Mercantile Kings Valley Store *Marysville Golf Course *The Pub RFP Family Store Springhill County Club *Valley Catering *The Woodsman Tavern Minutes of the BOC Meeting Page 1 of 7 June 4, 2013
4.4 Minutes of the May 14, 2013 Meeting 4.5 Minutes of the May 17, 2013 Meeting Dixon moved to approve the Consent Calendar of June 4, 2013. Modrell seconded the motion, which carried 3-0. For item 4.3, an asterisk indicates a renewal of a liquor license only, rather than liquor and tobacco licenses. Public Hearing PH 1 A Public Hearing in the Matter of the Inavale Horse Trials Social Gathering Permit George McAdams, Natural Areas and Parks Jaramillo opened the public hearing at 12:00 p.m. Staff Report McAdams provided a staff report concerning the application for a social gathering permit. This is the third year that this particular application has been submitted, as required by the permit process an advertisement was placed in the Gazette-Times and the neighbors of the event site were notified in advance of the hearing. Input was also solicited from interested public agencies with the responses contained in the meeting materials; all of the recommendations were favorable with only one phone contact from a neighbor who resides to the west of the subject area. Beth Sparks had requested that dust control measures be extended down past her property. The concern was communicated to Public Works, who stated they were satisfied with the dust control measures in place. In response to a question from Dixon, McAdams clarified that Ms. Sparks request would not be granted. Mineghelli described the area near the event location and stated that none of their traffic will travel on the portion of the road that Ms. Sparks referred to, therefore the event organizers and Public Works declined to extend the area of application for dust control measures. The event organizers are expecting about 375 competitors from several states and two Canadian provinces along with several food and supply vendors, each of whom are compliant with all required code provisions. It is a positive family event that has helped to fill the local hotels and draw visitors from around the country. Dressage and show jumping will be among the events and this is the only recognized event of its kind in Oregon. In response to a question from Dixon, Mineghelli stated that they have volunteer paramedics on site from the Philomath Rural Fire Protection District (PRFPD) while the Corvallis Fire Department (CFD) will perform transport duties if necessary. When asked, CFD chose not to be located at the event but will respond if called; PFRD will have a vehicle and two staff on site during the full hours of the event. Public Testimony No testimony offered. The public testimony and public record portion of the public hearing was closed. The public hearing was closed at 12:08 p.m. V. New Business Modrell moved to approve the Social Gathering Special Use Permit Application #13-001 for the 2013 Inavale Farm Horse Trials, including the recommended conditions. Dixon seconded the motion, which carried 3-0. Minutes of the BOC Meeting Page 2 of 7 June 4, 2013
5.1 Discussion and Decision of an Appropriation Transfer, BT1312020, in the Amount of $6,653 for OSU Extension Space Costs Pat Cochran, Budget Manager Each of the next four items on the agenda are budgetary housekeeping matters. This particular transfers funds to account for the new office space for Extension which changed the program s space costs, which are a fixed amount. In response to a question from Modrell, Cochran stated that the cost is due to the increased space. Dixon moved to approve Appropriation Transfer BT-13-12-020 as proposed to transfer $6,653 in the General Fund from the Gerneral Government Program to the Cultural and Education Program. Modrell seconded the motion, which carried 3-0. 5.2 Discussion and Decision of an Appropriation Transfer, BT1321021, in the Amount of $175,000 for Sunset Building Renovation Pat Cochran, Budget Manager The Board had received a report approximately six months ago describing the costs and changes accrued from the recent office relocations; this action will transfer funds from the General Fund to complete the proper fund appropriations. The transfer will be slightly less than the amount listed, which was used to ensure that any unexpected costs were accounted for. The final cost of the Sunset and Assessor s Building renovations was approximately $675,000, while $500,000 was set aside based on a staff estimate. Modrell moved to approve Appropriation Transfer BT-13-12-021 to transfer up to $175,000 from the General Fund, General Government Program to the General Capital Improvement Fund, Capital Improvements Program. Dixon seconded the motion, which carried 3-0. 5.3 Discussion and Decision of an Appropriation Transfer, BT1312022, in the Amount of $118,000 for Fair Fund Operating Deficit Elimination - Pat Cochran, Budget Manager Both this item and the previous one were calculated into the ending balance for this budget period so no adjustments will need to be made for the 2015-17 biennium. Staff had proposed to eliminate the existing debt that the Fairgrounds owes the County. Again, this is an authorization for up to as calculations will change somewhat by the end of June. The Fairgrounds has also exceeded its appropriations authority by $10,000 and this action will cover that deficit as well. The operating deficit will end at the same amount or slightly less than at the beginning of the biennium. The RV Park revenue has increased, but all other costs have remained constant which is why the deficit did not grow. Dixon moved to approve Appropriations Transfer BT-13-12-022 as proposed to transfer up to $118,000 from the General Fund, General Government Program to the Fair Fund, Cultural & Education Program. Modrell seconded the motion, which carried 3-0. 5.4 Discussion and Decision of Supplemental Budget, BT1312023, Miscellaneous Biennium End, Eight (8) Actions, Totaling $871,791 Budget Pat Cochran, Budget Manager Minutes of the BOC Meeting Page 3 of 7 June 4, 2013
The eight items combined in this action have been advertised but do not reach the threshold for a public hearing; of those eight the most significant is the Commission on Children and Families (CCF) budget. Staff had anticipated that the CCF would be terminated sooner but that did not happen and accounts for about $680,000 of this action; the Civil Division of the Sheriff s Department appropriation change is due to a change in legislation for the charging and allocation of process service costs; the Road Fund needed adjustments due to the Reservoir Avenue realignment; the Fairgrounds received a donation and grants for the Salmonberry Campground; and finally, the District Attorney s Office has agreed to be the pass through agency for all counties for animal crime prosecutions, which will require the creation of a new account. Modrell moved to approve the resolution as proposed in the matter of Supplemental Budget BT-13-12-023 in the aggregate amount of $871,791. Dixon seconded the motion, which carried 3-0. In response to a question from Jaramillo, Cochran confirmed that the County has received the Oregon & California Counties funding last week of about $39,000; the Title II and III set asides have already been withheld from the funding. VI. Departmental Reports and Requests 6.1 Discussion and Decision of an Order in the Matter of Initiating Proceeding to Vacate a Portion of County Road No. 363 and Road Right-of-Way in Deed Book 173, Page 278 Joe Mardis, Public Works Mardis stated that the portion proposed to be vacated is an old right of way that has become inside the Corvallis city limits through a recent annexation, but the right of way still belongs to the County. The Sathers, who represent 60% of the ownership of the nearby parcels, have requested the vacation; the railroad owns the remainder of the land in the area. If the vacation is approved, the City of Corvallis will have jurisdiction and any construction will be required to match City standards; at present there has not been a road constructed in this right of way. The process was delayed to request and receive a formal commitment from the owners to connect any future roads into the existing collector system. Some County rights of way will remain for future use, such as for multiuse trail connection or for utilities. In response to a question from Dixon, Mardis stated that all of the pieces to be vacated are within the private property boundaries, and will become the owner s property but the City will not allow any development unless a road is built in that right of way. Dedications of property for right of way are not owned outright by the county in the same way facilities such as parks are, they are set aside for public use and are unlikely to be able to sold for compensation. The new road, which the owners have planned, will be much larger than the current right of way to allow for bike paths and sidewalks and will follow this vacated property except for the western end which will be shifted slightly for traffic safety. The neighboring property already has access to roads, and all permitting and inspections would be conducted by the City of Corvallis; the County would then only have involvement if they connected to the County road system later. In response to a question from the Board, Mardis stated that the new roadway would be required to have sidewalks and bike paths and expects that the City staff have examined this relative to their transportation planning for the future needs of the area. Minutes of the BOC Meeting Page 4 of 7 June 4, 2013
The area is within the City of Corvallis Urban Growth Boundary which limits the County s involvement in any matters and the owners have dedicated a larger portion for the purposes of right of way. Dixon moved pursuant to ORS 368.326 to 368.341 declare Benton County s intent that the proceedings be initiated to vacate a portion of County Road No. 363 and road right of way in Deed Book 173, Page 278 as described in the Order. Modrell seconded the motion, which carried 3-0. 6.2 Discussion and Decision of An Order in the Matter of Initiating the Annexation of Property into the Philomath Fire and Rescue District Under the Authority of ORS 198.835 and ORS 478 and Setting the Public Hearing Joe Mardis, Public Works Mardis stated that there are two separate actions, Items 6.2 and 6.3, that will begin the process of annexing property into the Philomath and Corvallis Rural Fire Protection Districts respectively. The Community Wildfire Protection Plan (CWPP) committee and the Fire Defense Board each recommend that this Greenberry Gap area property be annexed into the local districts; at present it is a low fire risk but increasing development in the area may create an increased need for protection. The order in this action would start the process of annexation to provide fire protection to these areas which will also, hopefully, cause the property owner s insurance rates to decrease. Several farmers in the area have opposed annexation, but the adjoining neighbors have been very interested in being annexed. At present, it is likely that one of the districts would respond to a fire, but they are not required to and the owner would be required to pay the full costs for any response. Aloia commented that this has been a multi-year process to arrive at this point; Chris Bentley from Community Development has worked individually with the property owners and the fire districts. This is an unusual action in that the County is initiating the process rather than the owners initiating by petition; each of these owners has been interested and asked to be annexed into the fire districts. Verret confirmed that there are eight properties subject to this action. Mardis described the rationale for the annexations into either the Philomath or Corvallis districts. Aloia added that the fire districts are in agreement with the annexation plans and they determined which properties would be annexed into which district. Modrell moved to approve the Order in the Matter of Initiating the Annexation of Property into the Philomath Fire and Rescue District under the authority of ORS 198.835 and ORS 478 and order that a public hearing be set at the Benton County Board of Commissioners Meeting Room, located at 295 NW 5 th Street in Corvallis, OR on July 16, 2013 at 12:00 p.m. on the matter of annexing property into the Philomath Fire and Rescue District. Dixon seconded the motion, which carried 3-0. Minutes of the BOC Meeting Page 5 of 7 June 4, 2013
6.3 Discussion and Decision of An Order in the Matter of Initiating the Annexation of Property into the Corvallis Rural Fire Protection District Under the Authority of ORS 198.835 and ORS 478 and Setting the Public Hearing Joe Mardis, Public Works Mardis stated that this is part of the same action as the previous item but the subject property will be annexed into the Corvallis Fire Protection District. He added that while the farmers are able to handle field fires they are not trained in structural fires, which is a serious safety risk. Dixon moved to approve the Order in the Matter of Initiating the Annexation of Property into the Corvallis Rural Fire Protection District under the authority of ORS 198.835 and ORS 478 and order that a public hearing be set at the Benton County Board of Commissioners Meeting Room, located at 295 NW 5 th Street in Corvallis, OR on July 16, 2013 at 12:00 p.m. on the matter of annexing property into the Philomath Fire and Rescue District. Modrell seconded the motion, which carried 3-0. 6.4 Discussion of the Comp Plan and Code Amendments to Implement the Habitat Conservation Plan Greg Verret, Community Development Verret stated that after many years of work they are near to full implementation of the Benton County Habitat Conservation Plan (HCP). The Natural Areas and Parks Department (NAP) has acquired the second conservation easement that will provide for sufficient mitigation area which will allow the County to implement the take permits process in the HCP. A public hearing has been scheduled for June 18, 2013 to proceed with the formal elements of adoption. He reviewed the goal of the HCP and process used to secure take permits and added that this will be the second attempt to implement the HCP, the first approach needed more review and was withdrawn; in the interim all construction activity in the covered area has been continued to be reviewed by United States Fish and Wildlife Service (USFWS), which is the expensive, complicated and time consuming process that the HCP is intended to help landowners avoid. The plan will not include areas within the Philomath or Corvallis urban growth boundary, the ordinance will adopt the HCP plan itself; the plan will be evaluated against State Land Use Goal 5. Another difference in the current effort is that the implementation has been separated into two ordinances: the first is land use oriented addressing private property and development activities by creating an overlay zone which will require compliance with the Endangered Species Act (ESA). Three routes exist to address the ESA: through USFWS, conduct a private species survey, or finally to secure a take permit from the County. Under the to be proposed ordinance, newly created lots and parcels will not be covered under the HCP. The second ordinance is the administrative portion of issuing the certificates of inclusion which is outside of the land use arena, it addresses issuing mitigation credits in the potential habitat area, creates the procedures and defines eligibility for issuing a permit; it also states that there is no right to the permit, it is issued solely at the County s discretion. All property owners who may be within the overlay zone have been notified, a public information meeting was held with about 20 in attendance and he believes that they left with a comfortable understanding of the process. The planning commission held a work session and then a public hearing and recommends adoption of the ordinances. In response to a question from Jaramillo, Croney stated that these ordinances will be discussed and decided on during a normal legislative land use hearings process by the Board. Minutes of the BOC Meeting Page 6 of 7 June 4, 2013
In response to a question from Modrell, Verret stated that Goal 5 deals with a wide variety of natural resources, Benton County s proposed chapter 87 only addresses those directly applicable in this instance. VII. Other No other items were discussed. VIII. Adjournment Jaramillo adjourned the meeting at 1:03 p.m. Annabelle Jaramillo, Chair Kevin Perkins, Recorder * NOTE: Items denoted with an asterisk do NOT have accompanying written materials in the meeting packet. Minutes of the BOC Meeting Page 7 of 7 June 4, 2013