HomeMy WebLinkAbout2011-10-03 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
Page 1 of 8 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 3, 2011
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone.
Also present were Erik Kropp, Interim County Administrator; George Kolb, Road
Department; Peter Russell, Community Development; and six other citizens.
Chair Baney opened the meeting at 10:00 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None was offered.
3. Before the Board was a Public Hearing and Deliberations regarding a
Protest of SDC Charges Assessed on a Property with a Relocated Dwelling
(Applicant: Walker).
Chair Baney opened the hearing (continued from August 31 and September 26).
George Kolb gave an overview of the item. Mr. Walker said that he had
nothing further to add to his testimony.
Chair Baney closed the hearing, at which time the Commissioners deliberated.
Commissioner Unger said this is a policy discussion, and he disagrees with
staff’s determination. The SDC is meant to be charged for new development so
capacity can be increased to meet the needs. This dwelling was here
previously, and he believes the impact of vehicles on the road was already
there. The house needs to be tied to the SDC, not bare land.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
Page 2 of 8 Pages
Commissioner Unger added that the issue of tying it to development or land
makes it hard to decide where it should be applied. He believes this issue needs
to be reviewed countywide to come to a policy. He said that SDC’s that are
deferred is a separate issue. He believes the development creates the SDC.
Homes generally would not be moved. When you talk about moving housing,
reusing what is already there helps to minimize the impact on the landfill, and
leaves one more home that is affordable. Creating higher costs does not make
this cost-effective.
Commissioner DeBone said that he would like to see the SDC remain with the
land. Moving the house is a special case. The starting point is having the SCD
be with the land.
Chair Baney said that both views are right. When you look at what creates the
trip, it is the structure. If a home is moved after SDC’s have been paid, what
ties this to the land is that the right to develop the land is there at no charge for a
specified period of time. She suggested that a two-year limit be given. It takes
time to move and reconstruct the building. Then you are allowing the retention
of the SDC cost at the original property while allowing new trips at a different
area. Perhaps the new area would not have the infrastructure in place to handle
an additional dwelling.
She said they should retain costs associated with the original development; on
the new piece of land, you have a new property, a new development and a new
SDC cost there. If it is looked at as just the dwelling, it is added to another
area.
George Kolb stated that he talked with County Counsel, who recommended
preparing an order on the decision.
Chair Baney said this is a unique situation, but a policy covering the County
should be in place.
Commissioner Unger stated it was moved because of redevelopment of the
property, with the new school. Chair Baney asked if the property was
condemned. Mr. Russell was asked what the catalyst was for moving the home.
Schools also have to pay SDC’s.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
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Commissioner DeBone asked if this needs to be policy-driven or just handled as
a special situation. Chair Baney said this is applicant-driven. She then asked
for details about the original property.
Mr. Walker stated the school went in between Badger and Elkhorn, and he
believes the City will be adjusting the width of Canal Road to accommodate the
use of school buses. He does not have this in writing. Chair Baney asked if he
was going to move the home anyway. Commissioner Unger said that he
thought the owner wanted to move the home prior to road construction because
otherwise it would just be razed. Chair Baney asked if there is any ability to
rebuild on the lot later. She did not see anything stating whether it could be
used again. Commissioner Unger sees this as a special situation. although
policy needs to be developed on this issue.
Mr. Walker stated that Community Development sometimes inspects a building
that is being moved prior to it being relocated to a storage lot until it can be
relocated at its final destination, on behalf of the owner. Chair Baney asked if
Mr. Walker owns the land where the house was located. He said he is the
developer and just arranged for the movement of the house to the new location.
Mr. Walker feels that SDC’s are tied to the development and not to the land.
That is technically a tax. An SDC is a one-time fee so cannot be a tax.
Peter Russell said the SDC policy does not speak to the catalyst. A vacant
piece of land has no trips; when developed, trips result and ther e should be an
SDC. Chair Baney said if a lot is going to be condemned, it will not be
generating trips. Mr. Russell stated that the lot has to be one that cannot be
developed in the future.
Mr. Kolb was under the impression that Mr. Walker owned the subject
property. If he develops the new lot, it is the same as putting on a new
manufactured home. Normally the agency buys the lot that would be
unbuildable or condemned. Mr. Walker said he does not know who owns the
lot and whether any type of agreement was reached between the owner and the
agency involved.
Chair Baney would like more information on the original lot, to determine if
there is the ability to rebuild there. Commissioner Unger stated that if it is
associated with the land, there would be an SDC.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
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Commissioner Unger said it is a question as to whether the SDC should be tied
to the land or the development. The use of the land changed, the house had to
be moved or torn down, so it was moved to a lot and resold. It seems clear that
the house now has to address the issues at the new property. He believes the
house triggered the SDC rather than the land. If the land is condemned, the
question is, did it lose the SDC or can it be transferred.
Chair Baney said that the land does not create anything until you put something
on it. If you move the home that had created the impact, the SDC also moves.
If the original SDC goes away, should it transfer to the new property.
Mr. Walker stated that the resolution defines development, if it increases the
use of the improvement. This house has already been calculated in the traffic
study. It did not increase the use of the area. Chair Baney said this is true only
if there is no future development on the original lot. Mr. Walker said if the
SDC moves, the person developing the original lot would have to deal with the
SDC because the use and ownership might have changed.
Mr. Russell said if more trips result, the SDC would increase. If you don’t
extinguish all development rights, the SDC should go with the property.
Commissioner Unger stated that it may depend on the SDC. If the development
increases the use, the SDC would be more.
Commissioner DeBone said there is a new trip charge at the new property.
Chair Baney said that if in fact the property rights through the original lot have
been extinguished, then she would be more supportive of looking at transferring
that to the new property. If not, and there is the ability to rebuild, it would be
subject to the same process, which is a year. She needs more ownership
information on the original property.
Commissioner DeBone said that negotiations occurred between the property
owner and whoever needs the land. Commissioner Unger agreed. The question
is whether the SDC goes with the land, or goes with the development. Special
cases need to be addressed accordingly.
Chair Baney said they need to decide on this issue now; but then there should
be an overall policy decision.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
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Mr. Kolb said he will find out if the property can be redeveloped or built upon.
Commissioner Unger said it is a policy of collecting SDC’s appropriately. The
policy should be where the SDC resides. He believes the SDC should go with
the development, just like water rights.
Chair Baney said it could go the new property if the first one cannot be
developed. Commissioner Unger stated that if a property is condemned, the
SDC is in the bank, and should be able to be transferred. If it goes with the
land, the same might apply.
Mr. Walker pointed out that the incentive needs to b e there to move the
building. There are a lot of expenses in permits and improvements , and it may
not make financial sense to move the building instead of just tearing it down.
Chair Baney wants to know if the first lot could be rebuilt. Commissioner
DeBone said this it has to do with an improvement, which depreciates.
Commissioner Unger said that the SDC is for improvements, not maintenance.
The question is whether the SDC should be collected on the land or the
development. Commissioner DeBone stated that for economic development
purposes, perhaps SDC’s should be suspended.
Mr. Russell said the SDC’s can be paid over ten years, per policy. Mr. Kolb
said most don’t want to pay over time, and the SDC is due if the property sells.
Commissioner Unger said if the County wants to continue supporting
development and the reuse of property, the SDC should be handled differently.
Commissioner DeBone stated that he supports this in general, but this situation
does not support it at this time.
DEBONE Move that the SDC charge not be dropped for this application.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: No. (Split vote.)
BANEY: Chair votes yes.
There will be a general discussion regarding SDC’s at a work session prior to
the Board’s joint meeting with the Planning Commission meeting on this issue.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
Page 6 of 8 Pages
4. Before the Board was Consideration of the Reading and Board Signature
of a Proclamation Declaring October 1 through 8 “Oregon Days of
Culture” in Deschutes County.
Elizabeth Quinn came before the Board. Ch air Baney read the Proclamation at
this time. He added that arts and education has a great impact on the economy
of the State. Ms. Quinn is involved in many arts projects around the area, and
stated that creative economies are part of a vital community. She thanked the
Board for reading and accepting the Proclamation.
Commissioner Unger said that Oregon is a place people want to be, and keeping
culture alive is valuable to all and should be supported.
Commissioner Debone likes the idea of connecting th e past with the present and
the future.
DEBONE: Move approval.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
5. Before the Board was Consideration of Chair Signature of Document No.
2011-602, a Family Drug Court Grant through the Criminal Justice
Commission.
Erik Kropp gave an overview of the item. The Commissioners indicated the
specialty courts are a great benefit to the community. Chair Baney said that the
treatment courts are in jeopardy if the Courts do not get adequate funding.
DEBONE: Move signature.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
6. Before the Board was Consideration of Approval of Interim County
Administrator Signature of Document No. 2011-482, a Contract for
Subgrant with J Bar J Youth Services.
Minutes of Board of Commissioners’ Business Meeting Monday, October 3, 2011
Page 7 of 8 Pages
Mr. Kropp stated that this agreement provides services to runaway and
homeless youth.
UNGER: Move approval.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
7. Before the Board was Consideration of Board Signature of Document No.
2011-507 and Document No. 2011-508, for Temporary Staffing Services.
Mr. Kropp advised that an invitation to bid was issued. Six proposals were
received and the two lowest bidders were selected. The two winning bidders
cover separate types of services.
Commissioner Unger asked for clarification between temporary staffing and
part-time County employees. Chair Baney said that there are times when work
has to be covered when the demand is there, but not necessarily a recurring or
permanent situation.
DEBONE: Move approval of both agreements.
UNGER: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
The minutes of the meetings were not ready to be approved, so were pulled
from the consent agenda.
UNGER: Move approval.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
ICopsent Agenda Items
8. b oard Signature of Order No. 2011-023, Accepting the Petition and Setting
bate of a Public Hearing for Annexation of Property into Deschutes County ~ural Fire Protection District #2
9 . k ignature of Approval of Minutes:
• Board Meeting of September 19, 2011
• Work Sessions of September 19, 2011
Th~ vouchers for this week were not yet ready for approval.
I
10. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
I
Being no further items to come before the Board, the meeting adjourned at
11:15 a.m.
DATED this V ~ Day of ~1N ~ 2011 for the
Deschutes County Board of Commissioners.
Tam~
Anthony DeBone, Vice Chair
ATTEST:
Alan Unger, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, October 3,201 I
Page 8 of 8 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, OCTOBER 3, 2011
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning ofthe meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
ofa public hearing will NOT be included in the record ofthat hearing.
3. A PUBLIC HEARING (continuedfrom August 31 & September 26) and
Deliberations regarding a Protest of SDC Charges Assessed on a Property with
a Relocated Dwelling (Applicant: Walker) George Kolb, Road Department;
Peter Russell, Community Development
Suggested Actions: Decide whether to keep the SDC charges in place.
4. CONSIDERATION of the Reading and Board Signature of a Proclamation
Declaring October 1 through 8 "Oregon Days of Culture" in Deschutes County
-Erik Kropp, Interim County Administrator
Suggested Actions: Read and sign Proclamation.
5. CONSIDERATION of Chair Signature of Document No. 2011-602, a Family
Drug Court Grant through the Criminal Justice Commission -Sheryl Hogan,
Health Services
Suggested Action: Move Chair signature ofDocument No. 2011-602.
Board of Commissioners' Business Meeting Agenda Monday, October 3, 2011
Page 1 of 6 Pages
6. CONSIDERATION of Approval of Interim County Administrator Signature
of Document No. 2011-482, a Contract for Subgrant with J Bar J Youth
Services Jessica Kelly or Debi Harr, Children & Families' Commission
Suggested Action: Move approval ofinterim County Administrator signature of
Document No. 2011-482.
7. CONSIDERATION of Board Signature of Document No. 2011-507 and
Document No. 2011-508, for Temporary Staffing Services -Erik Kropp,
Interim County Administrator
Suggested Action: Move Board signature ofDocuments No. 2011-507 and No.
2011-508.
CONSENT AGENDA
8. Board Signature of Order No. 2011-023, Accepting the Petition and Setting
Date of a Public Hearing for Annexation of Property into Deschutes County
Rural Fire Protection District #2
9. Signature of Approval of Minutes:
• Board Meeting of September 19, 2011
• Work Sessions of September 19, 2011
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
Board of Commissioners' Business Meeting Agenda Monday, October 3, 2011
Page 2 of 6 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
CONIMISSIONERS
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
13. ADDITIONS TO THE AGENDA
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) (b), litigation;
ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
Deschutes County meeting locations are wheelchair aeeessible.
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 TIY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place 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.)
Monday, October 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, October 5
12 noon MountainStar Family Relief Nursery Luncheon -Riverhouse
4:00p.m. Road Study Group Meeting
Thursday, October 6
8:00 a.m. Joint Meeting with the Sisters City Council, (Sisters City Hall)
Board of Commissioners' Business Meeting Agenda Monday, October 3,2011
Page 3 of 6 Pages
Monday, October 10
All Day Association of Oregon Counties' Legislative Committee Meetings (Salem)
Tuesday, October 11
12 noon Bend Faith Network Meeting -location to be determined
Wednesday, October 12
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, October 13
3:00 p.m. Ribbon Cutting and Open House: New Deschutes National Forest Offices
Deschutes Market Road, north of Butler Market Road, Bend
Friday, October 14
2:30 p.m. Secure Rural Schools Meeting -Redmond location to be determined
Monday, October 17
10:00 a.m. Board of Commissioners' Meeting
2:00 p.m. Governor & staff, Sisters Biomass Project Tour -Sisters
4:00 p.m. Regular Department Heads Meeting
Monday, October 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, October 26
10:00 a.m. Board of Commissioners' Meeting
1 :30 p.m. Administrative Work Session -could include executive session(s)
Monday, October 31
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, October 3, 2011
Page 4 of 6 Pages
Wednesday, November 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, November 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, November 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
4:00 p.m. Road Study Group Meeting
Monday, November 14 through Friday, November 18
All Day Association of Oregon Counties Annual Conference -Eugene Hilton & Conference
Center
Monday, November 21
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
4:00 p.m. Regular Department Heads Meeting
Thursday, November 24 and Friday, November 25
Most County Offices closed to observe Thanksgiving (Friday unpaid)
Monday, November 28
10:00 a.m. Board of Commissioners' Meeting
I :30 p.m. Administrative Work Session could include executive session(s)
Wednesday, November 30
10:00 a.m. Board of Commissioners' Meeting
1 :30 p.m. Administrative Work Session -could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, October 3,2011
Page 5 of 6 Pages
Monday, December 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, December 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, December 8
8:00 a.m. Annual Meeting with Sunriver Service District representatives, at Sunriver Lodge
Monday, December 12
All Day AOC Legislative Committee Meetings, Salem
Wednesday, December 14
10:30 a.m. Oregon Youth Challenge Graduation Deschutes County Fairgrounds
2:00p.m. Administrative Work Session could include executive session(s)
Monday, December 19
10:00 a.m. Board of Commissioners' Meeting
1:30p.m. Administrative Work Session -could include executive session(s)
4:00p.m. Regular Department Heads Meeting
Monday, December 26
Most County Offices closed to observe Christmas
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.
Board of Commissioners' Business Meeting Agenda Monday, October 3,2011
Page 6 of 6 Pages