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HomeMy WebLinkAbout2010-05-26 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, MAY 26, 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; Tom Anderson, Nick Lelack, Peter Gutowsky, Kevin Harrison and Paul Blikstad, Community Development; Tom Blust and Roger Olson, Road Department; Laurie Craghead, County Counsel; and approximately 25 other citizens. There were no representatives of the media in attendance. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Seven cadets from the Oregon Youth Authority’s upcoming graduating class, most of whom are from other parts of the State, were present. They explained what they will be doing in the future, which is either completing their GED, going back to their high school and graduating, or entering military service. They said that being involved in the OYA program is a difficult process, but is a life-changing experience. There are 128 scheduled to graduate on June 16 at 11 AM at the Fairgrounds, and they selected the attendees present today to represent the entire group. No other citizen input was offered. 2. Before the Board was the Reading of a Proclamation Declaring May “Community Action Month” in Deschutes County. Commissioner Baney presented and read the Proclamation. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 1 of 12 Pages UNGER: Move approval. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Contract Letter for the Supplying and Delivery of Rubber Modified Liquid Asphalt. Roger Olson gave an overview of the item. There was only one bid since there is only one supplier in the State. He said that ODOT oversees this industry very well in order to be sure the price is competitive with products that do not include the rubber ingredient. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of Resolution No. 2010- 030, Regarding Federal Fiscal Year Elections for National Forest-Related Safety-Net Payments. Tom Blust explained the process and how funding for Title II and Title III is determined. 15% would go to Title II and Title III, which is within the range of 15-20%. Commission Baney asked about forest health management in relation to the Road Department, and how this impacts the funding. Dave Kanner said that Title III funds are very restricted. These funds can be used only for fuels reduction, search and rescue on federal lands, and community-wide fire protection projects. It can be used as a match for funding for similar projects. There are different phases of the funding, and the funds coming in now have to be spent before the end of the fiscal year 2012. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 2 of 12 Pages Mr. Blust stated that the fourth year of the reauthorization will result in a big drop-off of funding. This funding has gone from being about 30% of the Road Department’s budget to much less over time. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 5. Before the Board was a Public Hearing, Discussion and Consideration of Approval of Document No. 2010-339, the Community Development Department 2010-11 Work Plan; and Discussion of Community Development Department 2009 Accomplishments. Chair Luke opened the hearing. Tom Anderson provided an overview of the item. He highlighted some of the activities of each division. He said that the ratings on their customer service surveys for 2009 were at 4.88 on a 5.0 scale, which is very good given the extreme personnel cutbacks experienced. They have also been working with other agencies to share services and provide better customer service in that fashion. Staff spent countless hours interacting with the public on many land use issues, including public hearings and outreach of other kinds. A main goal for the coming year is to do full electronic plans on line, including approval, to make it a paperless process. Alternative building materials are being reviewed that might positively impact the environment. Drinking water and restaurant inspections will be handled through the Health Department beginning in July. Big ticket projects include destination resort remapping, an update of the Comprehensive Plan, the local wetlands inventory, economic opportunity investments – large lot industrial, and other land use issues. Feedback already received were recommendations from the Planning Commission regarding the pre-application process, which they feel should be moved up and addressed sooner. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 3 of 12 Pages Other comments were received on the Code Enforcement program. Some suggestions were made on specific areas of the County to focus on. Some people want the Department to be much more proactive and seek out violations. Some felt that the practice of not allowing anonymous complaints is not a good one. They will be looking at the procedures manual next year and it will be revised as appropriate. Commissioner Baney asked about the permitting process if there are pending violations. Mr. Anderson said that this is explained on page 15 of the work plan, item #8. It would preclude them from issuing of a new permit if there are pending violations on the same property. Commissioner Unger stated that there might be extenuating circumstances and perhaps they should have some discretion. Mr. Anderson replied that this change would remove that discretion. This situation is very rare. Nick Lelack said that this is a work in process. Commissioner Unger stated that he wants to avoid unforeseen problems created because of this change. Andy High of the Central Oregon Builders’ Association noted that plans need to be kept fluid to allow for changes. There is some concern regarding the CCB (Construction Contractors’ Board), which is now complaint driven, in relation to unlicensed contractors. He is somewhat concerned about additional Code requirements, but for the most part local contractors are proactive in pushing for positive changes. He is not in support of the idea of mandatory sprinkler systems in residences. Although they do not always agree, his group supports what the County does for the most part. Commissioner Unger likes the work plan, and does not think that the recommendations of the Planning Commission can be addressed at this time. He would also like to see the permitting process streamlined at some point. Chair Luke said that the Planning Commission recommendations can be considered and perhaps adjusted internally. Mr. Lelack stated that coordination with other agencies will be instituted as much as possible. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 4 of 12 Pages Mr. Anderson said that the “big look” is important; but the realities of the staffing situation is that this cannot be addressed at the level the Planning Commission would like to see. Nothing in the work plan is set in concrete and priorities, funding and staffing can change radically within the course of a year. Given other responsibilities, this work will be done as quickly as it can. Commissioner Baney stated that this is a living document, and she has faith in Mr. Anderson’s leadership and the work plan as presented. Commissioner Luke said that they have their hands full enough with Code enforcement complaints without seeking out additional problems. They do not have the staffing available to do much more at this time. Being no further testimony offered, Chair Luke closed the public hearing. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2010- 330, a Decision on an Appeal of the Hearings Officer’s Denial of a Conditional Use Permit for a Telecommunications Facility on the North Cline Butte in a Surface Mining Zone. Paul Blikstad said that the decision has been drafted based on Board input and discussions. Most of it is as the Hearings Officer wrote it, since much of the criteria were already addressed. Commissioner Unger asked if there would be another road put in just for this one tower. Mr. Blikstad stated that there is already a road there, which is gated, and it goes at least halfway up the butte between two slopes. Commissioner Luke stated that he thought there was testimony in the record that there is a gravel, all- weather road now, and this was required by the Hearings Officer’s decision. BANEY: Move signature of the decision. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 5 of 12 Pages 7. Before the Board were Deliberations and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinances 2010-001 and 2010-002, Destination Resort Remapping Goals, Policies and Procedures. Peter Gutowsky entered the case file into the record, and noted that the public hearing officially closed on Monday, May 24, 2010. Written testimony was allowed up to that date. Two letters were received (Van Winkle and Cornforth). A discussion occurred at a work session after that date to clarify how to handle notices and other processes. He referred to a matrix that covered grandfathered status and notification options. The Board has held five hearings, and the process has taken over a year. The Board will need to provide direction to staff if the Board does support the Ordinances. Commissioner Luke said that there was some discussion about mailings and the grandfather clause. He stated that the County could open this process again after the document is finalized. The County could allow someone who feels they were overlooked as part of an adjustment in three years if appropriate. Commissioner Unger stated that the object was to simplify the map. In light of legislation and the economy, the look of destination resorts and requirements will change as time goes on. He would like to simplify the map and make it final. He does not think there will be any more resorts coming forward for a long time, and it can be reviewed again in three years if necessary. Commissioner Baney feels that the map needs to be more of a true reflection of reality, that properties should be off unless they are already on. Mr. Gutowsky said that he can provide context since the ‘opt in’ provision seems to be supported by some of the Commissioners. The tax bill mailing would result in enormous savings and everyone would be notified. How it would work is the County would initiate a tax bill insert, an informational piece about amending the map; and it would meet Measure 56 eligibility requirements, as some properties will not be eligible due to this. And it will alert people of the ‘opt in’ factor. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 6 of 12 Pages The first hearing would be in November, and additional time would be provided until sometime in January to determine if someone wants to ‘opt in’. The first evidentiary hearing with the Planning Commission would take place in November. Testimony could be taken, and the hearing would be continued to January. This would allow information from the ‘grandfathered’ property owners to be submitted during that timeframe. Chair Luke asked how formal it would have to be. He would prefer that people not be forced to hire an attorney. Mr. Gutowsky stated that there needs to be some documentation, but it can be kept simple. Discussion took place regarding scheduling the hearings. Staff will need time to make refinements to the proposal before it goes to the Planning Commission in January. The final document should be presented to the Board of Commissioners in the spring 2011. Commissioner Luke suggested that a variety of media be used to get this issue in front of as many citizens as possible. Mr. Gutowsky stated that there are fees in place for the next fiscal year for those property owners who want to be added. It is a comprehensive plan map and zone map change. Commissioner Unger said that most people will be out, and there might be just a few owners of large properties who might want to be included. Chair Luke added that there may be those who want to consolidate their properties with others, and they need to know of this possible option. Mr. Gutowsky said that staff was asked for a recommendation in April, putting the map into a condition where resorts are most likely to occur in the future. This was a dramatic reduction in the map. Two recommendations were made by the Planning Commission, and staff supports the first one, with additions in regard to the Redmond urban reserve area, high priority wildlife areas, platted subdivisions and previous eligibility factors. The recommendation also includes transportation planning rule requirements. Any State-owned or other public lands would be ineligible. Mr. Lelack stated that the State is looking at a complete overhaul of destination resort rules and policies. Everything is on the table, from acreage and amenities. Laurie Craghead said that it is the map that cannot be amended more often than in 30 months. Mr. Lelack stated that mapping requirements may also be eliminated, as the entire process is being reviewed. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 7 of 12 Pages Commissioner Unger said that the Board needs to address what is in place at this time. Commissioner Baney asked about subdivisions being included. Mr. Gutowsky stated that platted subdivisions would be ineligible, but the grandfather clause might allow for an opt-in provision. Commissioner Unger said that they need to set the bar and move on. Commissioner Unger stated that State lands in the common school fund should be included. Mr. Gutowsky stated that these are properties that are not mapped, but the agency might like the opportunity to be included in the future. All of the criteria needs to be met, and this is not an easy thing to do. Commissioner Luke asked why it would be just State, federal and city lands and not those owned by the County. Commissioner Baney would like to leave them all out. Mr. Gutowsky stated that the County is not excluded. This would only allow these agencies to be eligible to initiate a map amendment at sometimes in the future. Commissioner Luke said they should be as eligible to be added to the map as would any other property owner. Ms. Craghead stated that there are a lot of other eligibility requirements they would have to meet. They just do not want to be automatically excluded. Mr. Gutowsky said that the Department of State Lands bought property near Thornburgh resort, but at this point this property is not eligible. Chair Luke stated that he feels they should be treated the same as any other property owners. This means no special treatment, but not excluded simply because they are governmental entities. Mr. Gutowsky will work on a final document to present to the Board at a future meeting. ___________________________________________________ BANEY: Move approval of the Consent Agenda. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 8 of 12 Pages Consent Agenda Items 7. Signature of Letters of Appointment to the River Bend Estates Special Road District: Anna Mae Rhoads (reappointment), through December 31, 2010; Peter Cecil (reappointment), through December 31, 2011; and Mike Kutansky (appointment), through December 31, 2012 8. Signature of a Letter Accepting the Resignation of Jessica Currier from the Commission on Children & Families, and Thanking her for her Participation 9. Signature of a Letter Appointing Misha Williams to the Deschutes County Weed Advisory Board, through December 31, 2011 10. Signature of Resolution No. 2010-031, Transferring Appropriations in the Public Health Fund 11. Signature of Resolution No. 2010-032, Transferring Appropriations in the Dog Control Fund 12. Signature of Resolution No. 2010-032, Transferring Appropriations in the General Support Services Finance Fund 13. Signature of Resolution No. 2010-034, Appropriating a New Grant in the Deschutes County Public Health Fund 14. Signature of Resolution No. 2010-035, Transferring Appropriations in the Behavioral Health Fund 15. Signature of Resolution No. 2010-036, Transferring Appropriations in the Behavioral Health Fund 16. Signature of Resolution No. 2010-037, Transferring Appropriations in the Property Tax Department of the General Fund 17. Signature of Resolution No. 2010-039, Transferring Appropriations in the Sheriff’s Office Fund 18. Signature of Resolution No. 2010-040, Transferring Appropriations in the Deschutes County Insurance Fund 19. Signature of Resolution No. 2010-041, Appropriating a New Grant in the Deschutes County Public Health Fund 20. Signature of Resolution No. 2010-042, Ratifying a Grant Agreement for the Historical Landmarks Commission Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 9 of 12 Pages 21. Signature of Resolution No. 2010-043, Transferring Appropriations in the Communications System Fund 22. Approval of Minutes: ƒ Business Meeting: May 5, 2010 ƒ Work Sessions: May 3, 5 and 12, 2010 ƒ Special Meeting: Decision on Appeal of 911 Director Personnel Disciplinary Action, May 12, 2010 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 23. Before the Board was Consideration of Signature of Resolution No. 2010- 044, Transferring Appropriations within the Sunriver Service District Fund. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $53,338.08 (three weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 10 of 12 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $4,006.29 (three weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 26. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $8,281,479.22 (three weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 27. ADDITIONS TO THE AGENDA None were offered. Being no further items addressed, the meeting adjourned at 11:55 a.m. Minutes of Board of Commissioners’ Business Meeting Wednesday, May 26, 2010 Page 11 of 12 Pages