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2007-1640-Minutes for Meeting October 31,2007 Recorded 11/28/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS COMMISSIONERS' JOURNAL 11/28/1007 09;19;00 AM 11111 II 11 IN 111111111111111111 2007-1540 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 v ~A ❑ -c 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, OCTOBER 31, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; David Inbody, Assistant to the County Administrator; and, for a portion of the meeting, Tom Anderson, Community Development; media representative Chris Stollar from The Bulletin; and one other citizen. Chair Daly opened the meeting at 1:30 p.m. 1. Review of South County Advisory Committee Applications. Commissioner Luke stated he purposely did riot review the applications yet, as he wanted to see the map that will show the various locations where the applicants live. Mr. Anderson said that there appears to be representation from all areas from Sunriver to the County line. At this time the group reviewed the oversized map, which was color-coded as to what kind of services are available, whether the lot is occupied, whether the lot is deemed unbuildable at this time, whether the property is within a flood plain, and so on. Commissioner Baney asked how it should be handled if the owner of the property lives out of the area. Mr. Inbody said that some of these people voiced concern that they also be represented since they own property and hope to build at some point. Commissioner Daly stated that one owner wanted to participate by phone; however, it was determined that it would be very hard to participate in this manner since documents would need to be referenced at the meetings. Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 1 of 6 Pages Mr. Inbody explained that some groups or homeowners' associations selected one person to represent them, including Anderson Acres, Ponderosa Pines and six others. In some cases both husband and wife applied, but it can only be one of them. He asked if weight should be given to the geographic area or other aspects, such as when someone was chosen by a group. There are 62 applications but some are husband and wife. Commissioner Baney said she would like to have no more than 13 members; otherwise, it will be too cumbersome. Mr. Anderson said that the map shows only 48 of the applications, as they had not had time to indicate where the entire 62 are at this point. It was felt that if someone is already in a sewer district, he or she should not be a representative. Commissioner Baney said that she prefers geographic representation. Dave Kanner suggested that this be divided by census tracts; it provides for a good geographic distribution, by population. Commissioner Luke said that the soil types and groundwater problems should be similar. David Inbody showed a map based on census tracts. Commissioner Luke asked if the census tract information could be superimposed on the other map. Commissioner Baney asked how red lots fit into this scenario. Mr. Kanner that red lot development should be addressed after the other aspects have been. Mr. Anderson stated that he has talked with several professional facilitators who can help with the meetings - some deal specifically with wastewater systems and issues of this type. The meetings will be open to the public but not for public input except those who are members. Commissioner Luke stated that professional facilitators try to keep the group on track. Mr. Anderson said the Board would take what advisory committee advises to help the Board determine which direction should be taken.. He added that there also should be more feedback from DLCD regarding a Goal I 1 exception. Then sewering might be identified as feasible for specific properties. Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 2 of 6 Pages Commissioner Luke said even if the DEQ and/or DLCD says that a Goal I I exception is possible, a lot of groups might fight a Goal 1 I exception since they will feel it sets precedence in other areas of the State. Commissioner Daly stated that the Board appointing a committee seems to suggest to some people that the Board has already made up its mind about the home rule. Mr. Anderson replied that the purpose is to provide financial assistance feedback to the Board. Commissioner Baney stated that not everyone is going to be happy about it mo matter what is decided. She would like to address grandfathered properties and whether that type of thing should be allowed. Also, there is concern about whether the local rule prohibits options; perhaps the committee can look at the options and provide feedback to the Board. Commissioner Luke said that the Board is not the one that says options cannot be done; the State is. He is within the city limits and a system is in place, but it will cost him over $20,000 to tie into it. It could be much more expensive in a more rural area. Commissioner Baney stated that it needs to make sense. It is not the role of the Board to say it is prohibited; people should be able to pursue what they want. Commissioner Daly stated that he has seen DEQ and DLCD shoot down a lot of things that make sense. The cost can be very prohibitive. Also, some groups may oppose it since it could cause some people to think developing additional properties in other areas might result if it sets precedence. Mr. Anderson suggested that perhaps one question for the committee is whether the County would spend some of the dollars for civil engineering purposes for a Goal I I exception. The cost some years ago appeared to be much more costly per property owner, but this might be a question for the committee to decide. The down side is that this could take funding away from a solution if it is found that the exception is not feasible. Commissioner Baney said that if one group wants to look into engineering, perhaps the committee could figure out how much money per property it would cost; that could take away from future funding for a different solution if the engineering shows it is not feasible. She sees this as a risk they would be taking to investigate the options. Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 3 of 6 Pages Commissioner Daly stated that it is apparent that there may not be property available for some areas to have a sewer system. If no land is available, it can't happen. Commissioner Luke said that the committee could say that a percentage of the money available could be allocated to investigate other options. Judy Forsythe, a citizen from La Pine, stated that some properties are located next to BLM or Forest Service land and they may be open to having a cluster system located there as a buffer area. Commissioner Luke said that an environmental study would have to be done and it takes many years; and there is a cost involved. There has to be a certain number of people supportive of the idea, just like what is done when a local improvement district is put together. Commissioner Daly said that the first thing is to get DEQ and DLCD on board. If they indicate there is no chance, there is no point in proceeding on that path. Commissioner Luke observed that it would typically be specific subdivisions. Mr. Kanner said that the DEQ seemed to be supportive only of those areas that are contiguous to areas where there is already a system in place. Commissioner Luke added that it could be decided that capacity isn't there or that they don't want anything added to their system. Mr. Anderson said that Oregon Water Wonderland II looked into tying into Sunriver's system - Sunriver homeowners declined - and finally decided to expand its own system. The County reviews the application and makes a recommendation on the request, which goes to DLCD. They review it only on the perspective of statewide planning goals. The County is the reviewing agency, but can work with a group to walk them through the process: the criteria, what can be expected, etc. The County can't write it for them but also would not be an obstacle if they want to proceed. The County would be a resource, not an advocate or an opponent. The subdivision or group would have to pursue it. Mr. Kanner asked if Mr. Anderson and Mr. Inbody are clear on what the Board wants done at this point. Mr. Inbody asked if there are certain steps the Board wants him to do to reduce the number of applicants in specific areas. For instance, some areas chose representatives but there were other people in the same areas who applied separately. Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 4 of 6 Pages Mr. Anderson said that the census tract boundaries would be overlaid, as well as subdivisions, and all 62 applications will be noted. Those who own multiple properties would be noted separately. Commissioner Luke asked if public lands can be identified on the map so that the Board will know which are adjacent to public lands. Commissioner Daly asked if there is a list of specific tasks the committee will need to address. Mr. Kanner said this would be determined at a later time. Mr. Anderson added that the facilitator should be present when this is decided. A meeting with DEQ may help give a clear massage of where they stand. One of the agenda items should be whether a Goal 11 exception is feasible. Mr. Anderson said they won't give a definite answer; it may take a test case to find out what they might do. They have to be able to apply their criteria to a specific instance. DLCD doesn't have a permanent director at this time, and Stephanie Hallock of DEQ is retiring the end of the year. Commissioner Baney said this should happen after the DEQ and DLCD meeting takes place. There needs to be some support indicated by them that they support these options being pursued. Mr. Anderson said the published study will be out today. The layman's version - an executive summary written in a less technical manner - is supposed be available within two weeks. Both will be available on the County website as soon as possible. Hard copies will be available to read at Community Development locations. Mr. Anderson added that it was hoped that the meeting with DLCD and DEQ would happen before the end of the year. Commissioner Luke said that early January might be best as it will give everyone adequate time to review the report. 2. Executive Session, called under ORS 192.660(2)(h), Pending or Potential Litigation. The group went into executive session at 3:50 p.m. regarding real property negotiations and pending or threatened litigation. The session adjourned at 3:30 p.m. Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 5 of 6 Pages 3. Other Items. Dave Kanner stated that Mark Nelson of the Public Affairs Council has said he will personally handle Deschutes County's account and will meet with the Commissioners as soon as possible. Mr. Kanner suggested a list of questions or concerns be submitted by Department Directors and then be provided to Mr. Nelson. Commissioner Baney would like to hold a separate meeting for the destination resort decision regarding the number of weeks. Commissioner Luke said there is no scientific argument to support why the number of weeks should be 45 or 38 weeks. The question is whether it relaxes things unreasonably. The legislature and Governor supported this change. Commissioner Baney feels that the intent of the law was lodging, such as hotels and not residences. She would want to separate it out and decide on this aspect later. Commissioner Luke said that the County has more control over destination resorts than it would have over Measure 37 subdivisions. It has been discussed as a single issue all along and it would be difficult to separate it out. Commissioner Luke says he supports the 38 weeks. There is no case either way. People will not hold off renting out their properties in the summer since they probably need the money; otherwise they wouldn't put it into a rental pool. Being no further discussion, the meeting adjourned at DATED this 31St Day of October 2007 for the Deschutes Co my Board of Commissioners. Michael M. I}~ y, C air Dennis R. Luke, Vi e Chair ATTEST: (1~~ &9t/L Recording Secretary C Tammy, aney, Co is,, n r Minutes of Administrative Work Session Wednesday, October 31, 2007 Page 6 of 6 Pages gG 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, OCTOBER 31, 2007 Review of South County Advisory Committee Applications 2. Executive Session, called under ORS 192.660(2)(h), Pending or Potential Litigation 3. 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. 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