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2002-178-Minutes for Meeting March 18,2002 Recorded 3/22/2002DESCHUTES COUNTY OFFICIAL RECORDSMARY SUE PENHOLLOW, rr ? ^-44A COMMISSIONERS' JOURNALUNTY CLERK 1�J �00�'11g 03/22/2002 01;58;31 PM �p At .� Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (5411388-6570 - Fax (5411388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke EXCERPT OF MINUTES Mike Daly OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 18, 2002 Administration Building, 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Michael Maier, County Administrator; Susan Mayea Ross and Jenny Scanlon, Commissioners' Office; Laurie Craghead, County Legal Counsel; Debbie Legg and Sandy Humphries, Personnel; Scot Langton, Assessor; Kevin Harrison, Community Development; and Scott Johnson, Commission on Children & Families. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was an Introduction of Sandy Humphries. Debbie Legg introduced Sandy Humphries, who has been hired as the County's new Employee Wellness Coordinator, currently on a part-time basis. 2. Before the Board was a Presentation regarding Wind Turbines. Terry Lynch, citizen, gave a brief presentation of a proposal to erect a wind turbine on his property. He provided maps and photos to the Board, and explained that he hopes this project is allowed since it will contribute positively to the environment. He would like this to be a demonstration project for at least a year. Minutes of Administrative Liaison Page 1 of 5 Pages Monday, March 18, 2002 Quality Services Performed with Pride a He gave an overview of the issues surrounding the proposal, such as the height required, setbacks, the cost, and the amount of energy that could be produced. Commissioner Luke asked Mr. Lynch about the noise level. Mr. Lynch responded that although some wind turbines can be noisy, this one is supposed to be almost inaudible at ground level. Commissioner Luke then asked about the effect on birds. Mr. Lynch said that although there has been public concern about birds being killed by the blades, he felt this problem primarily existed around lighted towers. Commissioner DeWolf asked if anyone's view would be impacted. Mr. Lynch replied that he has already spoken with the immediate neighbors, and all eight of them indicated they are supportive of this alternative energy plan. He further said that it would be hard to see it from the Old Bend -Redmond Highway unless one was looking for it. He explained he is willing to finance the project, but that the County's height ordinance is an issue since his property is zoned EFU. He said the power would be fed into the power grid, but that he would get credit from the power company if enough energy were generated. Kevin Harrison said that all zones allow for utilities for public service, but EFU zoned land requires a conditional use permit. Commissioner DeWolf asked why the County would permit a structure higher than the height ordinance allows just because something is environmentally friendly. He further asked how this could be treated differently than a cellular tower or the Duke Energy facility. He asked why the County should make exceptions for something that, although environmentally friendly, could impact views. Commissioner Luke said that this would be a prototype to see if it would work in this area, and this might not be the permanent site. Mr. Lynch explained that this structure uses no water, is renewable energy, and is non-polluting. Commissioner Luke asked Mr. Lynch if he had contacted those individuals who have previously opposed the installation of cellular towers; Mr. Lynch said that he had; and that those with whom he spoke, including Mr. Grimm, who has been strongly against the installation of cellular towers, were supportive. Minutes of Administrative Liaison Monday, March 18, 2002 Page 2 of 5 Pages Commissioner DeWolf said that although he is supportive of renewable, clean energy, he is concerned about treating this issue differently from other proposals that impact the County height limit. He stated that these things should be treated uniformly when it comes to views. He asked about similar turbines that have been installed around the Columbia Gorge. Mr. Lynch said that those turbines are designed for high speeds, and this one is not. He explained that there is no archival data available for this area; he has measured the wind speeds himself for a couple of years, but there is no established data. Commissioner Luke explained that this is a briefing meeting, so that Mr. Lynch can get an idea as to whether he should pursue applying for a permit. He further said that Mr. Lynch realizes he needs to go through a public process. Commissioner DeWolf stated that this should go through the normal process; that is, either the Planning Commission, the Hearings Officer, or an in-house administrative decision. If denied, it could then be appealed to the Board of County Commissioners. Commissioner Luke said that he spoke with George Read, Director of Community Development, who felt that it might be possible to put it up on an experimental basis. Laurie Craghead replied that she didn't see how the County could do this, but that she would talk with Mr. Read about it. Mr. Lynch said that this is the only county in Oregon where you can't have a wind turbine. He would like to pursue this but only if he has a reasonable expectation of being allowed to install it. He will meet further with the staff of Community Development. 3. Before the Board was a Discussion regarding the Wildlife Habitat Conservation Management Plan. Laurie Craghead explained that this has been in the current code for farmland since 1993; it has now been expanded to forestland, which opens up any zone if it is in forestland deferral. Scot Langton said that this could potentially impact any forestland two acres or larger, and it is difficult to determine the potential fiscal impact. Minutes of Administrative Liaison Page 3 of 5 Pages Monday, March 18, 2002 Ms. Craghead said the Administrative Rules have not yet been analyzed. The Oregon Department of Fish & Wildlife makes the determination and the County implements it. There are lots of applications in the works, and the County needs to opt out as soon as possible if it is going to. The Department of Revenue may have to give deferrals. The staff of the Department of Revenue feels that perhaps some retired ODF&W people are out drumming up business as consultants on this issue. Commissioner Luke explained that in 1993 the Department of Agriculture allowed farmers to set aside land for wildlife if it made sense, and were able to defer taxes. Now they want to open this up for forestlands, but this action could encompass some golf courses or even city lands. Scot Langton further said that this is unknown, since there are no Administrative Rules developed for this yet. Laurie Craghead stated that this is not a land use issue; it is a taxation issue. LUKE: I move that we opt out at this time. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was a Discussion of Potential Cuts in the Commission on Children & Families Budget. Scott Johnson said that it appears his department will be affected by an $80 million cut due to the state's budget problems. He asked that the Board meet with him and other community leaders on Wednesday, March 20, to discuss the facts and the potential impacts. He said he has met with the staff of Juvenile Community Justice and they are developing scenarios; the cuts would affect both departments. Mike Maier stated that it is too early to plan what each department should do; and that the reduction of state funding would impact all departments in some way. Mr. Johnson replied that the group would like to discuss which grants to keep and other issues in advance so as to be prepared for the worst. Minutes of Administrative Liaison Page 4 of 5 Pages Monday, March 18, 2002 Mike Maier said he felt that many people are in denial about the upcoming budget cuts; and that it is the obligation of the County to assume that the money isn't going to be there, and to plan accordingly. Being no further discussion, Chair De Wolf adjourned the meeting at 11: 00 a. m. DATED this 18th Day of March 2002 for the Deschutes County Board of Commissioners. ATTEST: I�bwvk �-L-- Recording Secretary Minutes of Administrative Liaison Monday, March 18, 2002 Tom DeWolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, mmissioner Page 5 of 5 Pages