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HomeMy WebLinkAbout2009-03-30 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 BUSINESS MEETING MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 30, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were; Will Groves, Community Development Department; Laurie Craghead, Legal Counsel; and three other citizens. Also present was a representative from KOHD TV News. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Commissioner Luke said there were articles in the Friday paper about two Planning Commissioners who attended public meetings in La Pine who gave the impression it is the County's option to allow or not allow sewers. He said that was not his understanding. Ms. Craghead said the issue is Goal 11, and whether there is a Goal 11 exception. As of now, sewers are not allowed. Commissioner Luke asked if they do the exception is it still reviewable to DLCD under state law. Ms. Craghead said that is correct. Commissioner Luke said the Planning Commissioners seemed to feel we had a choice. Ms. Craghead said if DEQ had said there is a health hazard and that there is no other practicable alternative, then Goal 11 could be bypassed. The letter said the criteria was met but it fell short of saying there was a health hazard and they did not make a declaration. Both of those items are needed in order to bypass Goal 11. Board of Commissioners' Business Meeting Agenda Monday, March 30, 2009 Page 1 of 4 Pages Commissioner Luke said they have asked for a meeting with County Counsel on the ballot measure that was passed to discuss what the County options are. He said they need to start thinking about their options. Ms. Craghead said the issue of repair is under litigation right now because of the interim local rule that was adopted, so that might want to be discussed in executive session. 2. Before the Board was a Public Hearing on an Application on the Vandevert Road, LLC's proposed zone change from Forest Use (F-1) to Forest Use (F-2) for an approximately 98 -acre parcel located west of Highway 97 and south of Sunriver (Applicant: Leventhal). Commissioner Baney read the preliminary statement for a quasi judicial public hearing. Ms. Craghead made a comment on the issue of continuances. She said Mr. Groves was gone when the instructions were changed and it is fully at the Boards discretion. Commissioner Baney said the statement should say at the Boards discretion as to the time it will be left open. Commissioner Luke asked if they had a work session on this. Mr. Groves said no. Commissioner Luke said the applicant seems to be from out of the area so he does not know if he has had ex parte contact since he does not know who the owners are. He did not think he talked with anyone except media and staff. Commissioner Unger said he had no contact as did Commissioner Baney. Commissioner Baney opened the public hearing at 10:12 a.m. Will Groves went over the staff report. Commissioner Luke said this property is south of Vandervert Road. Commissioner Baney said there was a question on the date. A change should be made to state February 25, 2009, which is the Hearing Officer's approval date. Mr. Groves continued with the staff report. He said in the opening statement the template text said appeal; there is no appeal in this case. Staff concurs with Hearing Officer's decision. Other properties in same location have been changed and both of those were approved by the Board. Commissioner Unger asked if the land east of subject property showing Fl should be F2. Mr. Groves said yes, he will have to see if that is passed yet. Ms. Craghead said the Hearing Officer's decision made a condition of approval requiring a legal description that was submitted by the applicant. If the Board Board of Commissioners' Business Meeting Agenda Monday, March 30, 2009 Page 2 of 4 Pages was to approve this, they would need to bring back a decision that would remove that condition. Commissioner Baney called for the applicant or their attorney to give their testimony. Tamara MacLeod, an attorney with Karnopp Petersen LLP, said she represents the applicant, Vandervert Road LLC which is made up of three owners from the Bay Area. This is the third of an application similar to two that have already been approved. The property was sold by the Forest Service which was part of the nursery. The Forest Service went through the process to determine if any lands are impacted. Of the three parcels, this parcel is the most impacted. The Forest Service determined it is no longer practicable for them to service the land. In changing from Fl to F2, the uses do not change but the land will be made eligible for remapping to a destination resort. The impacts by zone change are none. There are no additional uses at this time. The land is now impacted forest land which still remains in the forest category. All factors did favor the zone change. Commissioner Luke asked if the standards change from Fl to F2 if it is logged. Do they have to meet state standards for reforesting? Mr. Groves said yes. Commissioner Baney closed the hearing at 10:23 a.m. She stated the record would not be left open. LUKE: Move Approval to Adopt the Hearing Officer's Decision. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 3. Before the Board were Additions to the Agenda. The Board briefly discussed self insurance. Commissioner Luke stated nothing would be coming out of the reserve. He said the policy is to have one year of claims in reserve. The money is to be used to keep premiums level. Board of Commissioners' Business Meeting Agenda Monday, March 30, 2009 Page 3 of 4 Pages Commissioner Baney said it looks better on paper than it actually is. It looks like the County has eighteen million in reserves that can be just spent. She asked if the money should be earmarked into separate accounts. Commissioner Luke said people need to be vested in their health insurance. Dave Kanner has asked that the co -pay be raised. There are a lot of things to consider before making major changes. The employee's were polled more than once and they said they like the composite rate. Commissioner Unger said as we look at the challenges of health care, wellness, lifestyle, and how we take care of ourselves, if a person does better there are not as many health care issues. Commissioner Luke said other groups went to self insurance and they were not successful. Commissioner Unger said if the smaller agencies did partnerships and combined into a larger organization, they might be able to do it. Being no further items to come before the Board, the meeting adjourned at 10:35 a.m. DATED this 30th Day of March 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy Baney, Chair Fr2 ,;.f::: Dennis R. Luke, Vice hair Alan Unger, Commissioner Board of Commissioners' Business Meeting Agenda Monday, March 30, 2009 Page 4 of 4 Pages