Loading...
2007-1601-Minutes for Meeting September 26,2007 Recorded 10/26/2007COUNTY OFFICIAL P1 NANCYUBLANKENSHIP, COUNTY CLERKDS ICJ 2007-1601 COMMISSIONERS' JOURNAL ,,.,,.,.,,-.,MINIMUM Oman Elm Elm 10/26/2007 01:48:20 PM 2007-1601 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 X0.2 t2 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, SEPTEMBER 26, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; and Anna Johnson, Communications; and, for a portion of the meeting, David Inbody, Assistant to the Administrator; Tom Anderson, George Read, Catherine Morrow Barbara Rich, Community Development; and Becky Wanless and Ken Hales, Corrections. Also in attendance were Representative Gene Whisnant and about twenty other citizens, and media representative Lily Raff of The Bulletin. Chair Daly opened the meeting at 1: 30 p. m. 1. Discussion of South County Citizen Advisory Committee - Next Steps. Tom Anderson explained that draft information has been formed to work out how financial assistance should be handled. The published statement from DEQ has a bearing on this work. There are logistical questions at this point. One would be related to timing. Until the Board adopts a course of action or a solution, it is unclear what financial assistance would be provided for. There is background information and general information that can be provided to the committee members. The committee can then recommend how best to use the assistance. Commissioner Luke asked if they are talking about people from Sunriver south to the County line. Maybe there should be eight to twelve people - perhaps eight owners and four others with expertise of some kind. Mr. Anderson said they would like to bring in specialized expertise for different parts of the discussion regarding financial assistance - perhaps Marty Wynne, the Finance Director, or a banker or someone from COIC, or others who may have a background in financial matters. They would be guest speakers or advisors, not voting members. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 1 of 10 Pages Commissioner Luke stated there is a lot of interest in systems other than on-site septic, maybe sewer or cluster systems. Maybe a bonding company representative could come in to explain how or if a bond would work. He asked if three months is enough time for the group to work on this. Mr. Anderson said that the committee members need to understand that a decision should be made soon so a timeframe can be established. Much depends on the progress of the committee. At this time, it would be guesswork. The committee members could decide where and when they want to meet. This could be asked on the application form. Commissioner Baney stated that since there may be more than financial aspects to consider, she likes the idea of having experts come in rather than being on the committee. There shouldn't be members from just a couple of geographic areas. Catherine Morrow stated that broad representation is considered important. They will be asked where they live and whether they are part of a homeowners' association. These locations can be pinpointed on a map. Mr. Anderson asked how the application should be distributed. His preference is to use direct mail to every household between Sunriver and the County line. Commissioner Daly stressed that in his opinion, the application has one purpose, to convene a committee to address the financial assistance program. Commissioner Baney stated that they are not to decide whether there is a problem; this seems to be clear with DEQ. This is more of the solution or the next steps, and there are more questions than how to pay for it. Commissioner Luke suggested the application be included in the property tax statements. Clearly, the committee needs to be formed primarily to discuss the financial solution. Ms. Morrow said that the direction was about the financial aspects and/or other options. The Board should set the sideboards for the committee to do what is needed - perhaps clarifying the financial part and, if the rule is adopted, specific language about any other possible options. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 2 of 10 Pages Dave Kanner stated that the DEQ's comment is that the local rule needs language that doesn't preclude other options to address the groundwater problem. There is a policy problem regarding how much money might be available for other options, and the fairest way to distribute it. It can't be spent on things that don't work. He recalled that they weren't to discuss in detail every option, but not to preclude other options. Commissioner Daly said that he visualizes a committee that will bring in experts on specific options so that the committee will understand what they might have to do to overcome various obstacles. The scope needs to be limited somewhat or it will take years to work through this. Gene Whisnant said that he appreciates the Board establishing a committee. He is concerned that the rule is still under discussion. He encouraged other options be looked at before adopting the rule. He said there is a broad range of impacts and not every household needs the same thing. He asked when the report will be released. He is not convinced that they all need to be changed out within the next six months. Commissioner Luke replied that they haven't proposed doing that. Commissioner Daly added that he understands the concern. If there are areas that might want a sewer system he is supportive, but there are huge obstacles like Goal 11. It has to be shown that there are no alternatives. Cluster systems are smaller but the technology is needed. And it is unclear what the cost would be. Mr. Whisnant encouraged the Board to look at more than the financial aspect. Some residents have already formed a committee of their own, and they should have special consideration. He said the committee's purpose needs to be more than deciding how to spend the money. Commissioner Baney said that it is her understanding that they are going to wait with DEQ and DLCD until the report is issued. Commissioner Luke noted that DEQ should be reviewing it now, since they wrote most of it. Commissioner Baney said that she understands this is more than the rule; it's if and how the money can be spent on the options. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 3 of 10 Pages Mr. Anderson stated that the language they tried to capture is having the main focus on the financial assistance aspects, but the committee can consider other issue if they are directed to do so by the Board. The Board can set parameters and the committee can respond to those. It is impossible to be more precise about the questions at this point. Mr. Kanner said that when discussions took place about a committee, it wasn't just about the money to change out systems, but how best to use it. If the committee recommends using it for alternatives, that is fine. The money is not dedicated or encumbered. Commissioner Baney stated that in reference to the six months mentioned by Mr. Whisnant, if the rule is adopted now it would give ten years for a solution. This solution could be a menu of options. Commissioner Daly suggested that there be incentives to do something sooner rather than later. Commissioner Luke added that the committee could consider this as well. Mr. Anderson said he has prepared a discussion paper on the financial aspects, which is a good starting point for the committee. It details the source of funds, when the funds are expected, how they can be used, and more details on grants, loans, cost deferral and incentive programs. The focus is on those who need assistance the most. The vast majority of the funding is from land sales proceeds in the New Neighborhood; most of these are future sales. Commissioner Luke stated that they will have to consider the impacts of the reintroduction of steelhead. Mr. Whisnant said that he would help to try to get funding from the State. He hasn't reviewed the ruling in a long time. Commissioner Luke explained that there are two State agencies involved, the DEQ and the DLCD. The DEQ wants to look into a sewer system, but the DLCD says that all other alternatives have to be exhausted first. He would like to see them come together on this. Mr. Whisnant suggested that perhaps they should meet with the departments first. Getting DEQ to commit to anything in public is difficult. Goal 11 is an LCDC rule, providing that no sewer or water systems can be established outside of urban areas if there are alternatives. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 4 of 10 Pages Catherine Morrow said that Goal 11 does allow it if you go through all the hoops. There are interpretive things about those hoops. The two agencies would have to cooperate. DEQ says there is a hazard there now. Mr. Whisnant said that LCDC can be overridden. Commissioner Luke noted from his experience that it is better not to force them; otherwise, it could take years. Mr. Whisnant stated that they have their hands full with Measure 49 and have recently lost their leadership. Commissioner Baney said that you would have to define what the Goal 11 exception would cover. You can't request a blanket for the area. Commissioner Daly added that even if you identify an area, the cost of building a sewer system can be prohibitive. Everyone will need to sign on to it. It could cost more than individual systems, but an engineer would have to be hired to find this out. Commissioner Luke said that what is needed is more of a community solutions team to help with possible solutions. Ms. Morrow agreed. She added that they do have a commitment from the interim director of the DLCD and Stephanie Hallock to sit down and talk with staff about State policy issues. Mr. Anderson stated that one direction from the Board is a goal to modify the language to allow other solutions. Targeted sewering for small areas is viable if Goal 11 can be addressed. The idea is choice and alternatives. The County will do what it can to focus that effort. The County is the reviewing agency for Goal 11 so care has to be taken. The logistics don't have to be defined at this point. In terms of an advisory committee, one task might be to look at alternative language in an Ordinance that would clarify the alternatives, rather than be locked into a septic changeout to comply. Mr. Anderson had a question about the timing. They are planning a sequence, and will meet again with the DEQ after the report is released. The DEQ has already issued a statement commenting on the report. He asked when this should be sent out. They want to start as soon as possible but need direction from the Board. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 5 of 10 Pages Commissioner Luke suggested that the applications be mailed out the second week of October, giving thirty days to apply. Then the applicants will be screened and interviews set up, or perhaps interviews won't be necessary. This takes it into December. Then meetings will have to be set up; this probably won't start until sometime in January. Commissioner Baney added that in the interim, meetings with the DEQ and DLCD could be held. DEQ wanted to wait for the report to be published. Commissioner Luke said that the group may meet during up to 90 days, so it is important that whoever is appointed be available the whole time. Mr. Whisnant stated that the homeowners' associations have organized representation. Mr. Anderson said that another key issue is facilitation of the meeting. It is important that County staff not do this. Someone truly neutral should be used, maybe someone with some technical background, but not necessarily from south County. One group is the federally funded Rural Community Assistance Program. They have done this before, and do facilitation and work in areas where there has been some animosity between groups. They know financial assistance programs as well. This would be a natural fit. Mr. Whisnant noted that the County may want to talk with Klamath County about cost sharing, as they have a similar problem there. Commissioner Baney asked for more information about the cost and whether there are others that can do this. Mr. Anderson stated that he will come back with more information; perhaps someone from PSU can help. Mr. Morrow said she will run this by the Board one more time, then do a press release and send out the applications. Commissioner Baney suggested also contacting the Senior Center and the Chamber, just to make sure everyone gets it. Commissioner Luke asked if the property owners on the committee should be living on the property. Mr. Anderson noted that if the lot is undeveloped, they are key stakeholders and need some representation. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 6 of 10 Pages Sunny Rounds, the President of the Citizens Action Committee, said that in certain areas they have already identified representatives and held elections and know who they would like to represent their areas. The criteria was whom they thought would be familiar with the issues and could best represent the property owners. They never anticipated the County would want to interview for this committee. They feel that representation by their selected people is in the community's best interest. Commissioner Luke explained that the Board interviews for almost every citizen committee to get a feel for where they are coming from and their thoughts. This is an advisory committee to the Board; they won't be restricted if they happen to not agree with the Board, but should not be offended if they are interviewed. If there are a lot of applications, they have to be narrowed down somehow. Commissioner Baney said that there are many areas and they don't want to leave any out. Some may not have a homeowners' association. Ms. Rounds stated that their group is Newberry Estates, with two representatives and two alternates. The Deschutes River Coalition represents 18 homeowners' associations; there are six or eight from there. There are some areas where no one has been selected. Dave Kanner said that an advisory committee to the Board does have to comply with the public meetings law. Vic Russell said that a statement was made that the DEQ is not interested in the 45-day period now. Mr. Anderson replied that part of the reason for the 45 days was for the DEQ to have a chance to review their document. They have done this. Their comments were provided to the USGS and are incorporated in the report. Another issue was allowing time for the public to review the published report. Mr. Russell said his understanding is different. He talked with various State individuals and a consensus has not been reached. They are waiting for the rest of the report from the USGS. Part of the river study is already out. Commissioner Luke said that they have a goal to meet with the DEQ within 30 days. This meeting needs to be sooner rather than later. The County needs to know where they stand. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 7 of 10 Pages He said that in his opinion, DEQ was very disappointing at the last meeting, which was a waste of time for everyone. He said he hopes they are better prepared and ready to discuss the issue next time. A questions was asked about an article in the newspaper about this being a potential problem twenty-five years ago; and why the urgency. Barbara Rich replied that the article pertained to just the La Pine core area, which has since been sewered. As the rural areas developed since then, more groundwater issues started coming up. Ms. Rounds asked how they will be informed of the meeting with DEQ and DLCD. Mr. Anderson said he would send notice to anyone who has expressed an interest, and there will be media notification as well. In regard to the TDC Program, a discussion took place regarding PRC pollution credits. The technical advisory committee was to create a new Code section for this. The amount required from owners to develop this was discussed. The funding was to be used for finding solutions for south County property owners, and figures were arrived at with Mr. Russell and Pahlisch Homes. A letter was sent to Mr. Russell in April 2006 that detailed the history of the New Neighborhood and negotiations on how the dollar figure was determined. Another item discussed was paying off the amount when the lots were sold. It was understood that he wanted to think about it and get a response from the committee regarding the Code. He did not reply yes or no. Three months later the PRC reductions were approved by the Planning Commission and the Board, with a Code section and Resolution outlining the specific dollar amounts. A year later, Mr. Russell has submitted a tentative plat, and a decision was issued with a condition that the PRC be paid; the cost is about $800,000. Ms. Morrow added that Mr. Russell owns three quadrants and has a tentative plan for one. Mr. Russell feels this is wrong and wants to pay the burden in another way. Ms. Craghead said that PRCs are a form of TDC. It has always been in the Code, and is to be applied at the time of plat approval. The requirement was never changed. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 8 of 10 Pages Mr. Anderson said they have discussed this internally, and perhaps he could split up and phase the development and not require the entire plat at once. Ms. Morrow stated that this is a condition of approval, and it is now in the appeal period. Mr. Russell could build the infrastructure, but can't sell properties without a signed plat. This change could spread the cost over a longer period of time. Mr. Russell stated that he has to appeal due to the timing. The TDC was originally $600,000. It totals almost $2.5 million on the 55 acres. Ms. Morrow said that they need a request from Mr. Russell to stop the clock until this is resolved. Mr. Russell stated that his recollection is different than theirs, and he would like to see the Advisory Committee's minutes be more specific rather than be written from staff s perspective. Ms. Craghead noted that the Committee is required to keep and approve minutes. 2. Discussion of Economic Development Grant Request(s). Fair & Expo -Commissioner Daly granted $8,000 and Commissioner Baney granted $2,000. 3. Update of Commissioners' Schedules; Meeting Details. None were offered. 4. Other Items. At this time Mr. Kanner discussed the cost to continue the program that focuses on Parole and Probation's monitoring of misdemeanants. Questions have been raised about hiring a new Parole Office, and sustainability of the position. Ken Hales and Becky Wanless gave an overview of the need for the position and how monitoring is addressed. Mr. Hales pointed out that the State only funds for felony cases, but misdemeanor cases are up by 120%. If a decision is made not to fund misdemeanor supervision, the Courts and the District Attorney can be advised of this; however, it is not good for the community and there is a greater risk of consequences and a ripple effect. Minutes of Administrative Work Session Wednesday, September 26, 2007 Page 9 of 10 Pages If misdemeanants can't be supervised, they might get flat jail sentences instead, and jail beds would then be taken up. It is more financially beneficial to fund supervision and avoid potentially costly, unintended consequences. Being no further discussion, Chair Daly adjourned the meeting at 4.-15 p.m. DATED this 26th Day of September 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tamm aney, Com is Toner Minutes of Administrative Work Session Page 10 of 10 Pages Wednesday, September 26, 2007 Dennis R. Luke, Vice Chair G a] ~ p { 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, SEPTEMBER 26, 2007 Discussion of South County Citizen Advisory Committee - Next Steps - Catherine Morrow & Barbara Rich 2. TDC Program Discussion - Quadrant 2 3. Consideration of Economic Development Grant Request(s) • Fair & Expo Center Non-Profit Grant Program 4. Update of Commissioners' Schedules; Meeting Details 5. Continued Discussion of Domestic Violence Offender Caseload in Parole & Probation 6. 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. If you 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. a ~v ~ o ~ s v ~m V L. LL. M n ~ s CL 4k c n In 3 t;4 0 C 1 n I . ; V A r( Rl- V~ ~ ` ~ v ~ ~ gyp; v ~ qN i :co K-r v o c0 a .71 O f4i ` N 4 O 4k a L E ca + W Y 0) N > CL M °v ts ~ 3 CIN n~ (i' Q t-5 ` ~ v ~ M c v ~ E F- W Z v - Deschutes County Board of Commissioners 1300 NW Wall St., Bend OR 97701 PH: 541-388-6570 / FAX: 541-385-3202 B[ a ~ { South County Stakeholder Advisory Committee Deschutes County seeks owners of property in south Deschutes County to participate in an advisory committee to the Board of County Commissioners. Background: Conventional onsite wastewater treatment systems like standard, pressure distribution and sand filter systems discharge pollutants that threaten the long term groundwater quality in south Deschutes County. The Oregon Department of Environmental Quality states, "If development continues at its current rate using the same wastewater treatment technologies that have been allowed in the past, we will see broad range impacts to the shallow groundwater "overtime. The Department agrees with the County that something must be done to proactively address this problem." The Board'of County Commissioners (Board) is gathering information while they consider potential solutions. Purpose: The Board is convening an advisory committeeto provide recommendations on a financial assistance program to help residents of south Deschutes County. The County has identified about $35 million to apply towards drinking water protection. The committee may consider other issues as directed by the Board. • The committee will consist of between 8 and 12 owners of property in south Deschutes County. Persons with specific technical expertise will participate in meetings as needed. 0 The County will provide a facilitator for advisory committee meetings in order to maintain focus on the specified tasks., The meetings will be held in south Deschutes County at a location to be determined and will be open to the public. • The Board understands that taking action as soon as possible to protect drinking water is important. Therefore, the advisory committee process is expected to take less than [three?] months. The timeline may be shortened or extended depending on the committee's progress. • The Board will select and appoint advisory committee members based on information provided in completed applications. Broad geographic representation within the south County will be considered. Prospective members may be interviewed as part of the selection process. Application Deadline: October T15/30/?r, 2007 Return your completed application by mail, fax, or e-mail to: Dave Kanner, Administrator Deschutes County 1300 NW Wall St. Bend, OR 97701 davek@co.deschutes.or.us PH: 541-388-6570 / FAX: 541-385-3202 For more information about groundwater protection in south Deschutes County, visit the County's web site at www.deschutes.org/cdd/gpp/. Deschutes County Board of Commissioners #r-~ 1300 NW Wall St., Bend OR 97701 t? PH: 541-388-6570 / FAX: 541-385-3202 South County Stakeholder Advisory Committee Application Form Name: Mailing Address: Physical location of property(ies) in south Deschutes County: Phone: E-mail: What day is the best for you to meet? (check all that apply) ❑Monday ❑Tuesday ❑Wednesday ❑Thursday ❑Friday ❑Saturday What time is the best for you to meet? (check all that apply) ❑ 8:00 - 10:00 AM ❑ 10:00 AM - 12:00 PM ❑ 1:00 - 3:00 PM ❑ 3:00 - 5:00 PM ❑ 5:00 - TOOPM Please list your suggestions for meeting locations: Your responses to the following questions are an important part of your application. Please print or type your responses so that they are easily read. Please use a separate sheet to answer these questions. Please put your name on all additional sheets that you use to answer these questions. 1. Why do you want to be on this advisory committee? 2. How will you help this advisory committee be effective and efficient? 3 What kind of information do you think will be needed to make a recommendation to the Board of County Commissioners? 4. What other comments or suggestions do you have? Application Deadline: October [15/300], 2007 Return your completed application by mail, fax, or e-mail to: Dave Kanner, Administrator Deschutes County 1300 NW Wall St. Bend, OR 97701 davek@co.deschutes.or.us PH: 541-388-6570 / FAX: 541-385-3202 September 26, 2007 Mr. Mike Daley Board of County Commissioners 1300 NW Wall Street Bend, OR 97701-1960 Dear Commissioner Daley: This letter is to request formal recognition of the Residents Committee in regard to the nitrate contamination/groundwater issue (Local Rule) in South County. We have a cross- section of property owners willing to represent the citizens of the unincorporated area. The Committee wishes to work with Deschutes County to resolve this issue. The Committee wishes to meet to discuss an agenda, without prejudice. At the meeting, ground rules shall be addressed, i.e. meetings are to be recorded, the minutes approved at the next meeting and published for public review. The structure of the committee shall also be discussed at this initial meeting. Please advise, in writing, to the elected representative of Wild River, Ed Criss, whether you will or will not recognize this Committee. Please also indicate a convenient time to meet with you or your representatives to move forward with the aforementioned meeting. Respectfully, Residents Committee C/o Ed Criss 53446 Brookie Way La Pine, OR 97739 Economic Development Fund Discretionary Grant Program Organization: Fair & Expo Center Organization Description: The Fair and Expo Center hosts a variety of events, including the Deschutes County Fair on its 132-acre site in Redmond. Project Name: Fair & Expo Grant Program Project Description: This program provides support to non-profit groups in covering the costs associated with utilization of the Fair & Expo Center in hosting their events. Project Period: October 1, 2007 - June 30, 2008 Amount of Request: $10,0000 Previous Grants: • August 2007 - Received $7,500 for shuttles ($3,750 TB; $3 750 DL) • August 2006 , - Received $5,000 for non-profit groups ($5 000 MD) • August 2006 , - Received $5,000 for shuttles ($2,500 DL; $2,500 BC) ,>~rES o ttr Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oru DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Baney Commissioner Michael M. Daly L X I Commissioner Dennis R. Luke All Three Commissioners Date: 6 Project Name: G %I V_ Project Beginning Date: i Project End Date: C1 Amount of Request: Date Funds Needed: Applicant/Organization: Tax ID Address: C Earl o")-r Wti L- City & Zip: fr>v 77 Contact Name(s): Telephone: _SL / f Apo ~~~L I Fax: - Alternate Phone: Email: g• t y v On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. Amount Approved: By: Date: Declined: By: Date: 3800 SW Airport Way Er11, Redmond, Oregon 97756 TI September 14, 2007 To: Commissioner Mike Daley From: Dan Despotopulos Subject: Lottery Funds for Grant Program (541) 548-2711 Phone (541) .923-1652 Fax I am requesting $10,000 for the grant-program established several years ago by you Mike to continue to help non-profit groups to utilize the Fair & Expo Center to host their events. This program has allowed these groups to continue throughout the years. I want to t114pk you again for all your generous support of the Fair & Expo Center. Dp oespotopulos www.deschutes.expo.org