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HomeMy WebLinkAbout2010-11-10 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, NOVEMBER 10, 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; Laurie Craghead, County Counsel; Tom Anderson, Nick Lelack and Peter Gutowsky, Community Development; and six other citizens. Chair Luke opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. Citizen William Kuhn asked if there is a citizen advisory board that is similar to the Deschutes County Planning Commission that oversees or advises regarding property taxes. Mr. Kanner said there is a BOPTA (the Board of Property Tax Appeals citizen group), but nothing specifically regarding property taxes or fees. Mr. Kuhn is trying to deal with a situation that arose regarding notification of public land use issues. If there is a joint parcel owned by two or more individuals, only one of those individuals is given notice of the land use issue. When he bought his property in 1987, he was the primary recipient at that time. However, it appears that the most recent purchasers now receives these notifications instead. In 1989, the other party, the Dowells, were at the top of the list so received all public notices until 2002 when he discovered there were two or three different land use notices that he did not receive. A letter was written to the tax assessor to that he receive the notices. That happened. He did not want his name removed from the top of the list without written notice from him. In 2009, however, the Dowells asked to be the recipient, so it changed. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 1 of 10 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 2 of 10 Pages He is upset about the bias and inequity shown to him by the County. He was referred to County Counsel, Laurie Craghead, who said she had to be the contact due to legal issues. He did talk with Commissioner Unger at the County Fair and asked him to look into this. He was told staff do so, but County Legal Counsel was asked to handle it. A form was given to him to complete, but it does not satisfy his concerns. He now finds he is being charged for the entire amount for a fire control assessment from the State. He thinks there should be a public advisory board where he can raise this issue. He said Ms. Craghead told him that this is a problem that has been going on for a long time and the system is not set up for this kind of special situation. The Oregon Department of Forestry would have to contribute to a system to be able to interact with the County system. The other party is in contempt of court because they would not enter into a joint ownership agreement with him. Ms. Craghead said this is based on State law and a local advisory board could not change that. When Commissioner Unger asked if there is a way for both property owners to get on the tax roll, she advised him that notification is based on State law. There is no way of doing it another way. She tried to find out whether two names could be listed. This is an assessment, not a tax, and the ODF has the option of doing a direct billing or going through the County tax assessment system. The ODF tells the assessor which accounts to put the assessment on, and they advised it goes to the Kuhns. The County cannot change what the ODF wants done. The system cannot split fees like it can property taxes. There are others in this same situation; some of which might own 1/10th of a property. She is working with the Assessor to address this situation but much depends on the ODF and how they direct the County. Commissioner Baney added that they have been working with one of the State Senators to see if something can be done on the State level. It is a cost issue and is in particular a problem with the ODF. Commissioner Luke stated that the Assessor works under the oversight of the State Department of Revenue. Ms. Craghead said that the ODF has a choice on how the information is handled and what the counties are supposed to do. Otherwise it takes a legislative change. Commissioner Unger said that there are other ways for taxpayers to work out these issues, neighbors working with neighbors, and not depend on the State or County. He hopes that Mr. Kuhn and the Dowells will eventually get to that point. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 3 of 10 Pages Mr. Kuhn said the County has not been supportive in his efforts to get a satisfactory conclusion and he stated that Legal Counsel is blowing smoke up her skirt. ODF was asked how they did this before computers. They said in other situations the County just has to write them a letter to get this adjusted. They want to know who owns the parcel. This is all they have to do. Commissioner Baney stated that she wants to make sure a simple letter is enough and has no potential ramifications. Ms. Craghead said this is an Assessor’s issue and is based on State law. Mr. Kuhn said he will go to the tax collector on Friday and ask for the status of his taxes. He paid what he thought was fair, just and appropriate over the past two years. If he receives a receipt that he is paid in full, he will be happy. If he does not get this, he will pay then and get a receipt. If that is the case, that means that he has a greater burden and responsibility to deal with the maintenance of the third parcel. That means the maintenance issue is greater for him than it is for the Dowells. This is a fairness issue that he feels the County needs to fix. Commissioner Baney said that she respects Mr. Kuhn, but this involves many parties and is not something the County can correct on its own. Commissioner Unger agreed. ___________________________ Jim King of Camp Sherman, in Jefferson County, made a statement that he feels the B & B wildfire should be reinvestigated more thoroughly, as he believes it was human caused and not lightning caused. He feels that Deschutes County should support Senator Wyden’s efforts to have all wildfires of this type investigated externally. That sets in motion a positive outcome. He also said that a $7,500 donation should be given to Naomi Tutu, Desmond Tutu’s daughter, to speak here about finding the truth and domestic violence. She would like to come back to Central Oregon and help with closure of this issue. She hinted that she might return for less than the $7,500 fee. The assistant to the undersecretary of the Department of Agriculture spoke with Mr. King regarding ideas on how to conduct an external investigation of wildfires. Senator Wyden is on the subcommittee regarding forestry issues. There were a lot of good people involved in handling the fire and some positive outcomes have resulted. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 4 of 10 Pages Commissioner Unger asked if this information has been presented to Jefferson County. Mr. King said he has not yet done so. He feels that ODF and others are obstructing the process and he wants to see this issue addressed to his satisfaction. 2. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2010-027, Amending the Comprehensive Plan to Adopt a Tumalo Community Plan. Peter Gutowsky read the opening statement at this time. Commissioner Baney said there have been work sessions and updates that she attended, but all have been on the record. The other Commissioners agreed. No challenges from the public were presented. Ms. Craghead said that bias or personal opinion is not a concern, because this is a legislative issue. Mr. Gutowsky offered a PowerPoint presentation at this time. Commissioner Unger asked why Knife River’s property is outside of the boundary. Mr. Gutowsky replied that the use is not typically one that qualifies for a rural, unincorporated community. There is a mixture of uses that makes for a town feeling, but this was felt to not be a part of that. One of the elements of the Plan includes a health impact assessment, looking at how land use could address physical activity. There is a specific part in the Plan that addresses multi-use paths and conductivity to connect the area to others. There is a grant proposal in the works that would establish a ten-foot paved, multi-use path from the core of Tumalo underneath the highway to Tumalo State Park. This came right out of the health impact assessment. They hope to integrate the Plan into the overall Comprehensive Plan. A community plan can be referenced by a number of organizations because it speaks for the community and provides a strong policy guide for all. He focused on citizen involvement, which was extensive and started in 2008. During the process a lot of feedback was obtained, and stakeholder groups helped to prepare for formal meetings to find out the desired future of Tumalo. Nick Lelack added that there were forty or more people attending the meetings. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 5 of 10 Pages Mr. Gutowsky said that most like the way Tumalo is now, but they wanted to find out more about community wastewater treatment possibilities. Retaining the livability of the town was the primary concern. Mr. Gutowsky then went into population estimates and land use designations and inventories. Commissioner Unger asked about the five zoning designations. Mr. Gutowsky said there are five-acre minimum density properties, a core residential zone, and commercial and industrial zones. Many of the town parcels are small and it is difficult to place a septic system on some of them. There are real concerns and efforts being made to provide a safer traffic corridor in the area. The transportation system plan is being addressed due to the amount of traffic that goes through the area. Highway 20 is a major connector, but directly impacts the community, so work with ODOT is ongoing. The Planning Commission recommended adoption of the Plan. They asked that emphasis be included regarding the public facilities section to reiterate exploring funding opportunities for a wastewater system for the area. Commissioner Unger asked if storm water runoff has been considered. Mr. Gutowsky stated that he has not heard that there is a storm water issue even though the town lies in a basin with the Deschutes River. There are some minor changes, a few typographical errors, which need to be made. Patrick MacCrone, who owns property in Tumalo off Cook Avenue, said that the business owners formed a new group of community members called the Tumalo Business Association. Their goal is to get a face, branding or recognition on downtown Tumalo; and to work on connectivity. A main challenge is the wastewater system. He owns five lots and his wife runs a summer children’s program. The group also cleaned up Tumalo landing, which is a park-like area on the south side. It had been experiencing problems for many years – the misuse of the land and improper gatherings. They cleaned up the area this summer and the bad element that was there is now gone. They do need a wastewater system because they are so close to the Deschutes River. By having to rely on septic systems, the business owners are stuck. More restaurants can’t or won’t come in for that reason. He wanted to stress the importance of having a community system so they can regenerate the energy that used to be there. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 6 of 10 Pages There is also a water district, the Laidlaw Water District, separate from the ditch that provides irrigation water. Commissioner Luke said that Starwood subdivision has a community system with a common drain field. He asked if this is still allowed. This might be less costly than a whole wastewater system. The placement of the treatment facility is an issue. Mr. MacCrone said that there is room for that if it is feasible. Commissioner Unger asked if the sewer district boundary would be different. Discussion occurred regarding the establishment of a sewer district. Sewering is permissible in Tumalo, but the challenge is having the community work together with the DEQ. Mr. Kanner said there is a mechanism for the County to create a district, but he would not like the County to have to be the sewer authority. There needs to be a strong demonstration of community support. Without money, the district could not do anything. Ms. Craghead said if there is no tax base and is done only based on connection fees, no vote is needed. Mr. Kanner stated that the sewer district will normally borrow the money and pay it back through fees or taxes. Ms. Craghead observed that Goal 11 would not allow a sewer district on the surrounding lands unless an exception is taken showing that it is necessary. Commissioner Unger said that it makes sense to rezone the Knife River property as industrial. The burden should be shared with that property as well. Eventually it may not be what it is today. This supports the overall, long-term plan. Mr. MacCrone said that the community would support this. Peter Gutowsky stated that the hearing would have to be continued to address any type of change like this. There were no discussions formally as to whether to include the Knife River property. It is not simple matter to do this, and it involves a significant effort. Ms. Craghead said that an exception has to be done. Commissioner Unger observed that there might be a significant cost unless the change is made at the same time. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 7 of 10 Pages Commissioner Unger feels that the big picture should show that property. It does not make sense to exclude it. Commissioner Luke stated that there has to be justification. Commissioner Unger said that this is the time to look to perhaps a different use in the future, something that can fit well into the community at some point. Mr. Gutowsky explained that they are doing surface mining related activity there, but surface mining zones are not allowed so it would have to be changed to industrial. Ms. Craghead said the same process would have to be followed either now or later. Commissioner Baney stated that she would like to see the community plan as it is now put into place, and the issue can be addressed at a later date. Mr. Lelack asked for clarification as to how staff should proceed now; start over, expore the possibilities and address it later; or something in between. Commissioner Unger feels that this will be an issue in ten to twenty years, and he’d like to keep this situation in the forefront for future discussions. Mr. McCrown said that the community appreciates the work staff has done and they look forward to improving things in the community. Mr. Lelack stated that of all the Plans going forward, the cooperation taking place on this one is outstanding. The only other comment is that the mining property is now in the record and will be referenced in the future. Mr. Gutowsky said that he appreciates what has been done so far and feels all are working towards the success of the area. Ms. Craghead said that the typographical errors discussed do not have to be read into the record. BANEY: Move first reading by title only of Ordinance No. 2010-027. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. The second reading will take place at the business meeting of Monday, November 29, 2010. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 8 of 10 Pages Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the Consent Agenda with the exception of the October 25 work session minutes. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items: 3. Signature of Letters Reappointing Patrick Griffiths and Matt Shinderman to the Deschutes River Mitigation and Enhancement Committee, through February 28, 2013. 4. Approval of Minutes: ƒ Work Sessions of October 25 and 27; November 1 and 3 ƒ Business Meetings of October 27 and November 10, 2010 CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 5. Before the Board was Consideration of Signature of a Letter Appointing Curtiss Abbott to the Black Butte Ranch County Service District Board, through June 30, 2013. 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 6. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $17,126.61. Minutes of Board of Commissioners’ Business Meeting Wednesday, November 10, 2010 Page 9 of 10 Pages BANEY: Move approval, subject to review. 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 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $2,290.81. 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 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $ BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 9. Before the Board was an Addition to the Agenda. Before the Board was Consideration of Signature of Document No. 2010- 689, a Request for Approval of the Final Plat for a two-lot Partition in the La Pine Industrial Site.