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2010-13-Minutes for Meeting December 09,2009 Recorded 1/12/2010DESCHUTES COUNTY OFFICIAL RECORDS I~J } ~~++~~+J +a NANCY BLANKENSHIP, COUNTY CLERK IC COMMISSIONERS' JOURNAL 11111111 11WEIIIIIIIIIIIIIIIIII 01/12/201010:24:13 AM 2010-13 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 at the request of [give reason] previously recorded in Book _ or as Fee Number to correct and Page 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, DECEMBER 9, 2009 Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; and Erik Kropp, Deputy County Administrator. Present for portions of the meeting were Chris Bell, County Counsel; Nick Lelack, Terri Payne and George Read, Community Development; Planning Commissioners Keith Cyrus, Merle Irvine, Christen Brown and Richard Klyce; Eric King, City of Bend Manager; and Mary Winters, David Ditz and Oran Teater, representatives of the Juniper Ridge Management Board. No other citizens or representatives of the media were in attendance. Chair Baney opened the meeting at 1: 35 p. m. 1. Discussion of Juniper Ridge Reversionary Interest. Eric King, Bend City Manager, introduced Oran Teater, previously of the City Council, gave some history of the project, which has changed direction more than once over the years. The reversionary clause held by the County has made it difficult to work on the project. They would like the reversionary interest removed from the 500 acres that now lies within the City limits. Mr. King said that the comprehensive plan is now adopted and they need to move forward. Commissioner Unger said that it makes sense to release this interest, so that Bend has industrial property readily available for development. Commissioner Luke stated that the County is not getting anything from this process; Chair Baney said that it would result in economic development. Commissioner Unger expressed concern about traffic and the Oregon Department of Transportation's control of what happens in the area. He wants to see more connectivity of development and roads to avoid waiting for ODOT to make changes. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 1 of 7 Pages LUKE: Move that County Administrator be authorized to sign a document releasing the County's reversionary clause on the legally described portion of Juniper Ridge currently within the City of Bend. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 2. Comprehensive Plan Update. Terri Payne gave an overview of progress to date on the Plan. The public very active, attending a lot of open houses. The issues related to flexibility on farmlands, wind turbines, a community plan for Deschutes River Woods and south County, and other topics have been brought up. Nick Lelack said there was a lot of discussion about the issues but not so much about a plan. Commissioner Luke spoke about Deschutes Junction's past and how much development was there. Ms. Payne said an Oregon Administrative Rule is very specific and that is why the areas are rural commercial or rural industrial. Commissioner Luke said that he is not against development; he just wants it to be orderly. Discussion occurred on when development that will take place. There are some glitches that would make businesses not profitable. Commissioner Luke said that some property owners have approached ODOT about getting a frontage road, with little success. Ms. Payne asked what to do with property that is located right against the highway. The community as a whole is mostly set on no changes. Ms. Payne said that in relation to several rural communities: • Deschutes Junction has access issues. Tumalo experiences severe traffic problems. Also, citizens there would like to investigate the development of a sewer district. Terrebonne has a busy state highway running through the center of town. She added that ODOT has been an issue in many of these situations. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 2 of 7 Pages She explained that some topics brought up at various public meetings were south County issues, eastern County wildlife concerns, alternatives to allow further economic development, light pollution, weed control, flexibility in use of agricultural lands; and destination resort remapping. The economic benefits of destination resorts can be tracked, including property taxes; however, it is hard to measure the negative impacts. Depending on differing opinion, the impacts can be minimal or severe. They have received no word on the A-frame shelters for homeless people. Ms. Payne said a person is interested in forming a community by choice, on a single big property. This is being done in many parts of the country. It is hard to find a way to get there in Deschutes County, especially when you have to provide water and septic systems. This person does not want necessarily to subdivide the property; it would be more like a condominium project where the people use just their dwelling but some shared areas or structures. Chair Baney asked about someone mentioning a policy to require DEQ and the County to work cooperatively on south County issues. She said the County is now in a supportive role to DEQ, if and when DEQ decides to do something. The County has been told by the voters not to do anything. The group then discussed the possibility of community plans in several locations. Additional meetings are planned. The Planning Commission will convene soon and will provide an opinion of possible changes. Chair Baney asked how the Planning Commissioners feel about progress being made. Christen Brown said that the Planning Commission is looking at future issues and not what has gone before. The matrix is due to Ms. Payne soon. They will be able to eliminate what they feel does not need to be addressed further as part of the draft Comprehensive Plan. The Board will then decide what they feel should be included or eliminated. He said that development of small resorts is an issue that needs to be incorporated. It seems appropriate to do this now, but they are not sure how to handle it. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 3 of 7 Pages Also, east County, specifically the area east of Alfalfa, has been brought up a lot recently. There are ranchers and farmers there who feel their concerns are not being addressed. Acreage and non-farm dwelling restrictions are particularly troublesome to them. Deschutes County, in the past, became more restrictive than the State required; and it may not be appropriate to leave these things as they are, especially concerning agricultural acreage and the use of water rights. Commissioner Luke stated that Deschutes County required a farm plan, and if that was done, a person could build a house. The Department of Land Conservation and Development threw this out. Mr. Brown spoke of ideas of alternative methods of generating revenue. It is a fact that to survive on agricultural ground in Central Oregon is nearly impossible, without some ability to obtain revenue some other way. Code needs to be flexible, rewritten or thrown out, and it is a possibility that some of this could end up in a fight in Salem. The owners of property that might be retained in the destination resort mapping have responded; this application is all that is required to remain on the map. Some south County citizens do not want destination resorts there. One question is representation; it does not appear, in spite of all of the community meetings, that the representation is across the board. Commissioner Luke noted that most people would not show up at meetings unless they think something affects them directly. Commissioner Unger said that it involves not just areas of the County, but philosophies that cut across different areas. In regard to the matrix or other issues, there needs to be an understanding of why certain things are being recommended. Keith Cyrus agreed with most of what was brought up. He feels that the person who wants the condominium development on her property wants to see the development make a smaller footprint on the land. There is some merit in pursuing this. He does want to study the resort issue. He hears about the economic impact of resorts in terms of taxes and other revenue. Others feel that people involved in wildlife activities bring in more revenue. However, resort visitors are some of those people, so it is hard to come up with firm numbers. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 4 of 7 Pages There are many contradictions in the Plan regarding the use of land and water. Merle Irvine said that when people testify before the Planning Commission, much of that is based on philosophy and not necessarily the land that they own. It is troubling because it appears to be unfair to those who are directly impacted, and it is hard to quantify this information. Chair Baney said that people from outside the area being impacted want a say on how the County develops, but it is hard to incorporate this information. Commissioner Unger stated that there might be a recreation component that many people are concerned about, but a land component that affects very few. Mr. Brown said he looks forward to seeing the final proposed product. One big concern is property rights and regulations, as well as economic impacts, which need to be considered. He finds the process very interesting, and much different from anything he had previously experienced. Mr. Irvine said that a south County citizen complained about the process, but after attending a meeting of the Planning Commission, decided he wanted to remain engaged after all. The next proposed Comprehensive Plan update before the Board is scheduled for December 13. 3. Discussion of Proposed Employee Leave Policy. Erik Kropp said there was a change under the unpaid leave section, on page 2, third bullet. It was moved to the top of the section. Commissioner Luke said that it appears that if someone calls in sick one day a month in seven months, they are subject to discipline, and this seems extreme to him. Chris Bell explained that there are employees who take advantage of sick leave days, who take them off when they obviously are not sick and have very few days on the books. He said there is some leeway, and the supervisor can decide if someone is a serial abuser or not. Mr. Kanner said the County cannot even ask for a doctor's note at this point. The person could have a chronic condition that the employer has a right to know about. Commissioner Luke stated that the supervisor has to be consistent. Mr. Kropp said this has the support of the unions as well. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 5 of 7 Pages LUKE: Move approval of revised Policy #HR-14. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Update of Commissioners' Meetings and Schedules. All three Commissioners will speak at the Leadership Bend meeting on December 10, but at different times during the meeting. 5. Other Items. The Board went into executive session at 3:20 p. m., adjourning at 4: 00 p.m. Executive Session of the Governing Body of the 911 County Service District, under ORS 192.660(2)(d), Personnel Issue Before the Board was Consideration of Approval of Document No. 2009-713, a U.S. Department of Energy Grant Assistance Agreement Award. LUKE: Move approval of revised Policy #HR-14. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Before the Board was Consideration of Assisting in the Homeless Count Project. Commissioner Baney said she wanted to grant $500 towards the one-night homeless count; this will help purchase food through NeighborImpact for this event, scheduled for January 28. Commissioners Luke and Unger agreed, but would like to formally approve this grant at a future meeting after the request has been received. Being no further items addressed, the meeting adjourned at 4:25 p.m. Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 6 of 7 Pages DATED this 9th Day of December 2009 for the Deschutes County Board of Commissioners. ATTEST: /1? 1 Recording Secretary Tammy Baney, Chair Dennis R. Luke, Vice Chair aG.vt- 0411~ Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Wednesday, December 9, 2009 Page 7 of 7 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, DECEMBER 9, 2009 1. Discussion of Juniper Ridge Reversionary Interest - Dave Kanner, Mark Pilliod, & Members of Juniper Ridge Management Board 2. Comprehensive Plan Update - Terri Payne, Nick Lelack 3. Discussion of Proposed Employee Leave Policy - Erik Kropp 4. Update of Commissioners' Meetings and Schedules 5. Other Items Executive Session, called under ORS 192.660(2)(h), Pending or Threatened Litigation Executive Session of the Governing Body of the 911 County Service District, under ORS 192.660(2)(d), Personnel Issue 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. rn O O N CZ~ S A V L co E C d) s + ~ 11 N O N `9 r cJ pp -sa Q) J N z 2 _ , o N N I a-