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HomeMy WebLinkAbout2010-01-13 Business Meeting MinutesDeschutes 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 WEDNESDAY, OCTOBER 13, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Charity Hobold, Parole & Probation; Sara Johnson, Children & Families Commission; Charity Hobold, Parole & Probation; Tom Anderson, Nick Lelack and George Read, Community Development; Laurie Craghead, County Counsel; media representative Hillary Borrud of The Bulletin; and approximately twenty other citizens. Chair Luke opened the meeting at 10:10 a.m. 1. Before the Board was Citizen Input. James Gindlesberger made a statement regarding wedding events on farm ground. The Courts and County said they are not allowed, but new websites are popping up all the time, advertising them locally. Three weddings were held at a nearby property recently, and he had to call the Sheriff due to the noise. If there is a violation, they should be required to cite. He lives 700 feet away, and feels there should be a citation issued no matter what time of the day it occurs. 2. Before the Board was Consideration of Chair Signature of Document No. 2010-651, a Community-defined Solutions to Violence against Women Grant Award through the Department of Justice. Sara Johnson and Charity Hobold gave a brief overview of the item. The grant is for two years. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 1 of 10 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 2 of 10 Pages BANEY: Move Chair signature UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Chair Signature of Document No. 2010-654, a Safe Havens – Supervised Visitation and Safe Exchange Grant Program through the Department of Justice. Gail Bartley, program manager for Saving Grace and Mary’s Place, provided a brief explanation of the programs and the grant. Ms. Hobold added that there were over 1,600 safe exchanges and visits conducted last year. BANEY: Move Chair signature UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board was a Public Hearing and Consideration of Approval of a Fee Waiver Request regarding a Text Amendment Allowing Commercial Events on Land Zoned Exclusive Farm Use (Applicant: Brown). Tom Anderson gave an overview of the item, which includes a request for a County-originated text amendment of this proposed Code change. Ms. Brown was found guilty of four Code enforcement offenses. This is a major text amendment which involves a cost of $10,000. The fee waiver request that came in does not technically meet the requirements, as the request would have to come from a nonprofit and also be for public benefit. In the current year work plan, there is already an item to take up this issue, but practically the department would not be able to address this until spring. There are also State initiatives underway, with a task force working on this issue at a statewide level, with a legislative concept to possibly be introduced in 2011. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 3 of 10 Pages This is not a land use issues. However, notice was sent to over 100 individuals, including those who provided testimony in the past and those that were directly involved in the issue. Four items of correspondence have been provided during the past month (copies of which are attached). Commissioner Luke asked Laurie Craghead for clarification, since some people want to talk about events specifically and not the fee waiver process. Ms. Craghead stated there is no application before the Board so they could take testimony, although it was publicly noticed just for the fee waiver. If any came to a quasi-judicial application at some point, this would have to be put on the record. Commissioner Baney said that she would like to address just the fee waiver. There will be an opportunity to discuss the larger issue at another date. Commissioner Unger agreed. Ms. Craghead stated that it might be difficult to separate the issues, as the fee waiver will be closely tied to events. Commissioner Baney stated that she wants to be sure that the issue of fee waivers is not lost in the conversation since it has broader ramifications than just events. Commissioner Luke said that the Director of DLCD and others were at a meeting he attended, and it was a main item of discussion. He would like the staff recommendation put on the record at this time. Some issues being discussed are not yet defined at the State level. Commissioner Baney reminded the Board that this is on the work plan, and a work session to decide if this needs to be broken out would be helpful. Mr. Anderson said the Board could decide the fee waiver request and direct staff to start working on the amendment immediately. As part of that, the Board could request the applicant be directed to propose specific language to help staff start that work. The Board could also modify the request and meet the applicant half-way regarding the fee. Or, the Board could deny the fee waiver request and the applicant could move forward by paying the fee. The Board also could deny the request and direct staff to proceed with the item in the work plan. This is actually the staff recommendation. Staff remains neutral in this issue regarding commercial activities on EFU land. His recommendation comes from a logistical and practical standpoint. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 4 of 10 Pages Commission Luke stated that the LCDC’s main concern is the impact of wineries. It is hard to know where or when the legislature will do anything, and if so, what. Mr. Kanner stated that the applicant could submit an application, which would be processed in a normal way. Leslie Katrinas asked that the Board refuse the request. She said she has a financial hardship herself. Public safety should be part of the request as well. If this is approved, precedence would be set. Harry Katrinas asked the Board to please deny the request. They were found guilty on one count against Code, then pleaded guilty on the other three, and the Court waived the fine. This was not a good use of County time. James Ginglesberger stated that he is opposed. Country Gatherings paid a fee previously, but benefited greatly in the long run. Ms. Brown has gotten a lot of business illegally, and has earned enough out of these ill-gotten gains. There is no financial advantage for the County to allow this to continue. Gladys Biglor said that there should be additional letters in the file that were presented previously. She did not receive notice of this particular meeting. She hopes that the Board will deny the request if for no other reason than she was not notified. She believes there are better uses of taxpayer money, so the Board should deny this request. William Kuhn wanted to give testimony on both sides, regarding the intent. He finds it very upsetting that it has gone so far. Both the Dowells and Kuhns will be very interested in how this is decided, as there are numerous things on Sisemore Road that should have been but never were corrected by the County. He feels item 2 and item 4 can be tied together. Paul Dewey of Central Oregon LandWatch, asked to talk about the broader subject as well as the fee waiver. It does not meet the criteria on its face as a waiver. At a minimum, the applicants should conform to requirements or the rules don’t make a difference. There seem to be a lot more coming up right now, and it would be most fair to conform to a set criteria. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 5 of 10 Pages Mike Duggan of Terrebonne said that he has tried to have a pumpkin patch and other farm activities, and a farm stand. He wanted to change the existing structure to comply with the rules, but it would have cost him too much. Lisa McDonald stated that it is a complicated issue and very difficult for all parties, including those who want to do some good for the County. She feels it is critical that Deschutes County address this issue quickly and not put it off. Whatever happens, pro or con, needs to be done in the best interest of the County. The Board needs to get off the fence and make a decision one way or another. Commissioner Luke said that this is not just about weddings. It is about non- farm commercial events held on EFU ground. Other counties have allowed certain things. If it was just about weddings, there could be more of a consensus. Going to State meetings shows him that there are all kinds of counties and Commissioners who cannot agree on this issue. Personally, he feels that direction needs to come from the State. Guidelines are needed. Everyone can find something that supports their point of view, but those in other areas will say that it is not allowable. This issue needs higher direction. Anything the Board decides is likely to be appealed and may go to LUBA or beyond. However, if no one charges a fee, they can do just about anything. Ms. Craghead said that paintball facilities got in as private park facilities, but most are in the middle of nowhere and were approved for that reason. A separate use cannot be established for weddings. Ms. McDonald stated that this needs to be fair to all the citizens. The trickle down effect of the money made for these events is about $4 million a year locally. If there was a specific business asking for this, the economic impact would be clear and encouraged. Connie Cyrus of Sisters observed that there is so much confusion and no one seems to know what to do. She feels the waiver should be given for that reason alone. It was done in a straight-forward manner and in good faith. Some work well and others do not work well at all. She added that she did not receive notice of this meeting. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 6 of 10 Pages Pam Hardy of the 1,000 Friends of Oregon concurred with some of the comments, especially that this issue does need resolution and clarity. She does not think this is a good time for a fee waiver for a text amendment since there is legislative activity. She recognizes that farmers are in a tough way and need to be creative, but there are a lot of conflicts to resolve. If the County spends a lot of resources right now, all of that work could be for nothing. However, the applicant has a strong private need for this to be in place before summer. Mr. Duggan asked if Counsel has looked at using temporary conditional use permits that would allow them to proceed. Commissioner Luke replied that this would be a land use action and subject to appeal, which could tie it up at LCDC and other places. Mr. Duggan said he would like to see something allowed with limits until the issue is resolved. Events are allowed on his property per a conditional use permit issued years ago, but events were never defined. Commissioner Unger observed that this probably covers farm events on farm land, but are weddings a part of this. Commissioner Luke said that this is a statewide discussion. Commissioner Luke said that there is no legislation proposed; just a concept that the DLCD may review. Commissioner Baney stated that they probably will not render any clarity, and ag tourism has a lot to do with wineries. This may not provide any clarity to the County’s situation. Commissioner Luke said that fairgrounds and destination resorts that don’t get farm subsidies are directly impacted by this type of competition. Commissioner Unger added that the counties are very different, and it is hard to develop something that fits all. State law is meant to provide guidance. It is frustrating when you don’t know what path to follow. In terms of what was done in the past, there was a plan initiated but it did not create a solution. Committees are working through this but it is not moving that fast. He would like to try to find a county-supported solution that deals with a commercial use and create a specific solution for this issue. Mr. Kuhn said he is not specifically addressing the waiver but the broader discussion. If he did not live in the winter deer range, he would appreciate knowing that his neighbor is going to hold an event. If the neighbor wanted to rent his indulgence, for $100 he’d take the family somewhere for the day. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 7 of 10 Pages What this has to do with is the inconsideration of neighbor to neighbor. He would indulge a wedding for the day. They should make sure the neighbors sign off on the event first. Commissioner Luke stated that the County does not want to shut down weddings. The neighbors started the complaints. These were held for a long time but no one complained. When someone did, the County had to act. Commissioner Luke closed the meeting to oral testimony but wanted to continue to get relevant letters or information. Ms. Craghead said that public rules apply in any case. The Board needs to clarify whether more input is needed from staff or if more public information would be accepted. Commissioner Baney said that she sees the waiver and the other items as separate. She is ready to make a decision on the fee wavier. Commissioner Unger agreed. BANEY: Move denial of the request for a fee waiver. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Commissioner Unger said that the parties can pay the fee and request an amendment. In the meantime, there will be meetings and discussions on how to address the bigger issues. Commissioner Baney noted that the County is deep into the comprehensive plan update, which is very complicated. She asked Community Development how this fits into their work plan. Commissioner Luke added that what with the destination resort remapping, the comprehensive plan update and other major issues, it would be nice to know how they are all prioritized. The department is short on staff and may want to make sure the priority is right. Commissioner Unger said that he is interested in what the Planning Commission and staff have come up with regarding the comp plan update. Christen Brown, Chair of the Planning commissioner, said he was asked if he would like to sit in on these discussions. Mr. Brown stated that he’d like prior knowledge so that he can keep the Planning Commissioners advised. Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 8 of 10 Pages Nick Lelack stated that the first public hearing on the comp plan is in November, and ag tourism is a part of it. The Planning Commission has supported a draft that encourages this. Discussions will begin in a month to define and determine what it means. Commissioner Luke said that they should draft a Bill and see how it flies on the other side of the mountains. This might force them to make a decision on what it means to them. Mr. Lelack stated that Jackson County has some other ideas. Commissioner Luke added that Clackamas County is involved as well. Everyone deserves an answer one way or another. It is not fair to keep everyone in limbo. This needs to be decided perhaps at a local level to see where it goes from there. Commissioner Luke also said that agricultural uses are subsidized. He fought for use of farming land. Previously habitat went away when it shouldn’t have. But where does having weddings and motorcycle tracks fit into the farm land issue? This needs to be changed at the State level, or at least they need to provide direction. Before the Board was consideration of approval of the Consent Agenda. The Board indicated item #5 would be removed from the agenda, at the request of the Finance Director. BANEY: Move approval of the Consent Agenda, with the exception of item #5. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 5. Signature of Resolution No. 2010-118, Establishing an Imprest Account and Credit Card for the Legal Department 6. Signature of a Letter Accepting the Resignation of Dr. Stephen Hamilton from the Sunriver Service District Managing Board, and Thanking him for his Service Minutes of Board of Commissioners’ Business Meeting Wednesday, October 13, 2010 Page 9 of 10 Pages 7. Approval of Minutes: ƒ Work Session of October 1 ƒ Department Heads Meetings: February 22 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District (two weeks) in the Amount of $114,898.23. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) in the Amount of $2,151.33. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) in the Amount of $1,746,380.41. BANEY: Move approval. UNGER: Second.