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2007-1568-Minutes for Meeting September 05,2007 Recorded 10/9/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS ICJ 2007-1568 COMMISSIONERS' JOURNAL 10/09/2401 03;40;28 PM I I II II IIIII~IIII III) II III -i 0 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page G~il;cS L' ~A ❑ -t Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, SEPTEMBER 5, 2007 Present were Commissioners Michael M. Daly, Tammy Baney and Dennis R. Luke. Also present were Dave Kanner, County Administrator; and, for a portion of the meeting, Susan Ross, Property and Facilities; Laurie Craghead, Legal Counsel; Anna Johnson, Communications; Tom Anderson, Kristen Maze and Catherine Morrow, Community Development; Teresa Rozic, Property Management; and Debbie Legg and other staff from Personnel. Also present was a representative of The Bulletin. The meeting began at 1: 30 p. m. 1. Economic Development Grant Requests. • La Pine Teen Court Program - each Commissioner granted one-third of the requested amount ($1,000). 2. Discussion of Proposed Changes to the Home Occupation Ordinance. The Board discussed a request regarding making the Code ADA compliant for those individuals who wish to conduct a business out of the home. In this situation, it appears that the business has outgrown its residential setting and should find a more suitable location. Ms. Maze went over the proposed changes (see attached memo). Commissioner Luke said that he feels the setback should be the same from all property lines. The group discussed planting trees and asked how they can require someone having "mature" trees. Tom Anderson stated that trees can be planted and room allowed to let them grow. This had been continued until next week. Commissioner Luke stated that the changes should be made available to the public as soon as possible, and if more time is needed after next Wednesday's business meeting, it can be continued. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 1 of 9 Pages 3. Report on Staff Meeting with Stephanie Hallock (DEQ). Dave Kanner said they will support whatever the County wants to do, but doing nothing is not an option. In that case, what would DEQ do. The County is the contractor and there should be standards for the contractor to follow. The County enforces septic rules and the local level. It was frustrating in that they would not say what they want the County to do. They are okay with the Local Rule but have concerns about how it is written. They would like language inserted that is expressly A meeting with DEQ should be held to get more answers. He does not think DEQ feels sewering the entire area is feasible; however, if an area is adjacent to one with a sewer, a Goal 11 could be pursued. "Someone" needs to do this with the County's help, the County is the reviewer and cannot be the applicant also. The County cannot be an advocate or take the lead on a Goal 11 exception. The DEQ also seems to think red lot development should be addressed prior to the Local Rule. However, they are not contributing now because they are not built upon. Tom Anderson stated that a meeting should be arranged with DEQ and DLCD to discuss in general terms what a Goal 11 exception would take, and how likely and under what circumstances the exception might be made. Commissioner Luke lives in an area that is not yet sewered; it will cost him $20,000 plus the hookup fee and the system is already available. Mr. Anderson stated that they are not necessarily advocating a sewer as a total solution; they want the County explore all the options. And they want the public more involved in the process. They emphasized that they support the Board's right to make a decision. Commissioner Luke said that if the Board was involved to the level the DEQ typically is, this would have been adopted long ago. Commissioner Daly said that the presentation given by the USGS gave a sense of urgency; he does not think the DEQ has seen this presentation. Commissioner Luke added that they don't want to wait until the problem is worse. Ms. Morrow said that DLCD staff is willing to meet with DEQ to discuss Goal 11. DLCD is fairly consistent in what they state. They didn't want to leave people hanging out there - for instance, the red lot owners - they feel it is the obligation of the County to let the people develop their property. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 2 of 9 Pages She said that it might be prudent to put together an advisory committee, an outgrowth of the TAC, to clarify that nothing is being precluded, and to work with the County on the financial assistance part. There are many different ways that the funding could be utilized. However, the funding is designated for on- site systems only, not for sewer systems. Most of the drive for a sewer is in regard to the high water table lots. Mr. Kanner stated that he is reluctant to recommend a self-appointed committee. Some people have technical expertise and knowledge. Mr. Anderson said that perhaps they should address those areas where they have reached a higher level of nitrates. Adoption could be phased, and a committee set up to handle specific instances. The program anticipates a long-term buildout of the area, not just involving the Pahlisch homes. $35 million is anticipated over twenty years, based on neighborhoods 3 and 4. Mr. Kanner noted that the DEQ clarified that they believe the science is sound, hydrologists have reviewed it and are supportive. There is a question as to whether an additional study is warranted and what could be gained from it. The County contracts with DEQ and the County should not be the one that says whether this is necessary. Catherine Morrow added that it has also been peer reviewed with USGS. DEQ had their person review it and incorporated that into the review. Commissioner Daly stated that many people don't understand what peer review involves. It has been reviewed enough. Mr. Kanner asked if the Board had a consensus. Mr. Anderson observed that some of the thoughts are consistent, and they aren't that far apart. Commissioner Luke said that even though the local rule hasn't bee passed for new construction, it needs to be enforced. Grandfathering should go away; help the grandfathered people to make it a bit easier. This first step needs to be taken. Mr. Kanner noted that there is a clear consensus that there should be a follow- up meeting with DEQ and DLCD, within 45 days after the final report is out. The hope is the meeting can be here if the other agencies are agreeable. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 3 of 9 Pages Catherine Morrow asked if it is necessary to wait another 45 days. That was DEQ's request but they have already done their review and don't need that time now. Commissioner Luke said that his preference is no less than 30 days later. Ms. Morrow stated that she feels it is important for the public to hear what there is consensus on now without having to wait - that is, the scientific validity of the report. She reiterated she doesn't understand why that has to wait. Commissioner Luke replied that he wants to be sure the public has access to the report. Commissioner Baney said that the DEQ said they couldn't comment because they didn't have the final report, but they produced the report. So they want 45 days to review their own work. Ms. Morrow noted that they said they are good with it now. Commissioner Luke stated that DLCD should be at the meeting, and their staff should be familiar with the report first. He asked if the situation serious enough for a Goal I I exception. Ms. Morrow replied that the report doesn't answer that question. The results were used to set standards for treatment. It models a solution, with a certain level of treatment for certain areas, to protect the groundwater. They could use the same report to state a sewer has to treat to that level. But it doesn't answer how the treatment should be done. Mr. Anderson stated that there are multiple reports already out there on geology, nitrates and more. This report focuses on the model. The only other report is the river study, which should be out about the same time. Mr. Kanner said that perhaps they should proceed with developing a technical advisory committee to modify the language of the local rule and work on the financial assistance aspects; this would not preclude other options. Commissioner Luke stated that is okay with that, but wonders why a committee is needed. The local rule is not a fix-all for everything. Commissioner Daly said that he would not want to see a committee that might dispute the science, which has been deemed sound. They need to support the local rule, with some additional language. One area might be able to use a cluster system or something similar while others may not. A committee may be helpful in regard to the funding aspects. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 4 of 9 Pages Ms. Morrow said they don't approve cluster systems. The rule is only about on-site systems. Commissioner Luke said that no County staff should be involved. If a subdivision can put in a sewer system, they can come to us and give them their plan and ask for funding. But a committee may ask for things the County doesn't have or can't provide. The charge of the committee needs to be narrowed down to a certain level. Commissioner Daly added that it needs to be specific as to what funding is projected and that it is for the systems, not for land use applications or further studies. Commissioner Baney suggested that to establish the group, they should look at the entire area affected, divide it up into sections and have representatives from each. Ms. Morrow added that there should be a limited number of members based on geographic diversity or expertise. Commissioner Daly suggested that perhaps someone from Bend or Sunriver could bring in some expertise in certain aspects. Ms. Morrow stated that some people from various non-profit groups, such as the Upper Deschutes River Coalition are interested but do not want to be involved in the financial part. Commissioner Baney asked why not just require the best possible system and not have a local rule. Ms. Morrow said the Code is the rule. If they rely on DEQ rules, there are potential disagreements on how it would be implemented. If it is Code, the County can enforce it. Commissioner Baney asked why it is not countywide. Commissioner Luke replied that drain fields function differently is various areas. If the groundwater is 600 feet down, you don't have to worry about nitrates. A feasibility study is done on every system. Mr. Anderson added that south County is unique. DEQ rules specify what is required, but existing rules don't fully address the La Pine area. Ms. Morrow said that there is a dense pattern there with a specific hydrology; even without build-out the local wells will get polluted. That is not necessarily the case anywhere else in the County. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 5 of 9 Pages Mr. Anderson said that the only reason they can require the best available system in La Pine is through the exception in statute, that if they believe the public waters are threatened, this can be instituted. It is much better to have a local version of the statute. Ms. Morrow added that this is in lieu of what DEQ would do, which is use the geographic rule, which they could adopt. But they prefer to support the County in this regard. Commissioner Daly said that installing a new system is not lost even if a sewer is put in. The pump and tank are still used, but the hookup is different. Ms. Morrow asked for direction on how to get started, language regarding options and a strategy for phasing. She suggested doing the red lot program after the local rule is adopted. This would include the regional advisory committee. The initial idea is to put local rule into place to take steps to reduce nitrates before addressing the specific issues. Mr. Kanner added that there are only so many resources, and the best use if the local rule. Mr. Anderson stated that the best solution for the red lots is to group them and put in a sewer. These lots were not considered valuable in the past because they were not buildable. These owners can go direct to DEQ if they want and try to pursue a Goal 11 exception for new construction. Ms. Morrow stated that there is limited staff time and it is a complex issue. It will take a year to work through an analysis of the red lots. There is some urgency now to start taking action on the systems that are now polluting. Existing systems are the future problem. Mr. Anderson said that a meeting with DEQ and DLCD might go a long way to bring DEQ into a more supportive role. Commissioner Daly said that DLCD made the rules to prohibit the kind of development there is in south County, and it might be hard to get their cooperation. Mr. Anderson observed that there might be room for discussion, but these lots were created many years ago. Commissioner Luke noted that if there are endangered species in the river, and it is already a scenic waterway, it is not just a DEQ issue. It involves the federal government, State Parks, the Division of State Lands, Fish and Wildlife and others. DEQ is also responsible for the quality of water in the rivers. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 6 of 9 Pages He asked if the e-mails insinuating a class action lawsuit against the County have any grounds. Ms. Craghead noted that they can request a judicial review of the ordinance, but the Commissioners can't be sued while working in their official capacity. Commissioner Baney suggested that someone be hired to respond to the numerous a-mails and letters that are becoming more vague, confusing, abrasive and somewhat harassing. So many questions have been answered and all of the information is available on the website, but these left-field questions continue to come in. Many are not really seeking answers, but are just fishing and harassing. Some are threatening. At what point can the Commissioners stop responding? Commissioner Luke observed that some are courteous, but others are across the line. He said his general policy is to tell them the answers should be given at a public meeting. He does not respond, but sends them to Community Development. Ms. Craghead said that there is a fine line about giving legal advice as well. It is hard to know what to answer. There is no legal requirement to answer. Commissioner Luke noted that some may be freedom of information requests and they have every right to it, but if research is needed they can be charged for it. Mr. Anderson added that they answer everyone, if their questions are understandable. Sometimes it takes a while to get the information together. Barbara Rich does most of it. Ms. Morrow said that they will continue to answer questions if possible and if the material is available. 4. Update of Commissioners' Schedules; Meeting Details. None were offered. 5. Other Items. The Board presented a plaque and letter to Debbie Legg, recognizing her twenty-five years of service to the County. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 7 of 9 Pages Regarding the Alyce Hatch Center loan, Susan Ross stated that all but $15,000 has been paid back. The Board allowed an extension of time to pay it back. However, unforeseen expenses have arisen during the remodeling process and they have asked for the balance of the loan to be forgiven. Commissioner Luke said that he would consider waiving part of it or extending the due date. Commissioner Baney stated that although she supports the work of non-profits, she feels that there are so many needs that the County supports, it is hard to allow this kind of debt be forgiven. LUKE: Move that the loan be reduced to $10,000, and allow twelve months to pay the difference. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Teresa Rozic stated that St. Charles Medical Center and the Health Department need climate controlled space for emergency supplies. At this time the supplies are stored in Washington and there is concern about the supplies reaching this area if there was a pandemic situation or other emergency. SCMC is willing to lease some of the County's archive space to store the supplies for one year at a cost of $18,000 while they seek a permanent location. BANEY: Move approval of the lease. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Mr. Kanner said that in regard to the County holiday party, he is concerned about the rising cost and the fact that attendance has been declining over the years. He asked if something different should be done, or stop doing it altogether. He would like to commit to making an event free of charge to employees and make it more of an employee recognition event. Perhaps the Fairgrounds could be used. The food would be less expensive and they could do away with the entertainment and drawing, close the no-host bar at dinner time, and make it brief. It could be for employees and their guests. Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 8 of 9 Pages Commissioner Luke suggested having it in January when more people have more time to attend. After a brief discussion, the consensus of the Commissioners was to pursue this idea and cancel the December 8 event. The Board then went into executive session under ORS 192.660(2)(e), real estate negotiations. No action was taken. Being no further items to come before the Board, Commissioner Daly adjourned the meeting at 4:35 p.m. DATED this 5th Day of September 2007 for the Deschutes County Board of Commissioners. ATTEST: (F~ (&A ~ Recording Secretary Tammy Baney, ComMissioner Minutes of Administrative Work Session Wednesday, September 5, 2007 Page 9 of 9 Pages D26is R. LukC, Vice Chair 0-1 -CIO Vk, G x 2{ to Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA - FOR THE WEEK DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, SEPTEMBER 5, 2007 1. Economic Development Grant Requests - Susan Ross • La Pine Teen Court Program - 2. Discussion of Proposed Changes to the Home Occupation Ordinance (if further discussion is needed after previous work session) 3. Report on Staff Meeting with Stephanie Hallock (DEQ) 4. Update of Commissioners' Schedules; Meeting Details 5. Other Items 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), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. YV, n Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ Memorandum TO: Deschutes County Board of County Commissioners FROM: Kristen Maze, Associate Planner DATE: September 5, 2007 SUBJECT: Home Occupation Text Amendment /Work Session TA-07-01 Home Occupation Text Amendment Issues At the Board of County Commissioners ("Board") Work Session on August 29, 2007 the following home occupation code issues were discussed and language was drafted for clarity of administering and enforcing the code. Gross Vehicle Weight -New language proposed by the Board will include "gross vehicle weight" through out the home occupation code. Language proposed for Type 2 home occupation is as follows; Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non- motorized wheeled trailer which shall not exceed 10,000 pounds gross vehicle weight. Type 1 size limit for owner/operator vehicles will remain the same allowing "one business-related truck not exceeding 15,000 pounds gross vehicle weight and one non-motorized trailer which shall not exceed a gross vehicle weight of 3,000 pounds". 2. Outside Storage Buffer Zone -Type 3 home occupation will include a 20 foot setback for buffering outside storage of equipment and materials on 10 acre parcel and the language "fully" will be omitted from the description of screening. The section is proposed as follows; May include outside storage of equipment and materials on the parcel approved for a home occupation not to be included in the 35 percent of the combined floor area Outside storage may be permitted only if the applicant shows that adequate minimum 20 foot setbacks from property lines ccrce^. - ^ id!GF bu#eFiR are Quality Services Performed with Pride provided, and shall be maintained, to screen materials and equipment from residence on adjacent properties. The form of screening may include, but is not limited to: i. A sight-obscuring fence, as defined in DCC 18.04.030. ii. Intervening mature tree cover. iii. Topography. iv. Existing buildings on site. V. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm 3. Subjective Language -Subjective language proposed in DCC18.116.280 (d) (3) (j) and (9) (k) such as "prolonged" will be retained. 4. Ground-Mounted Signs - Type 2 and 3 home occupations will include a maximum height of 6 feet for all ground-mounted signs. The section is proposed as follows; May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated. The -ground-mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 2 Staff Report TA-06-10 8/29/07