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HomeMy WebLinkAbout2013-08-19 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, August 19, 2013 Page 1 of 8 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 19, 2013 ___________________________ Present were Commissioners Tammy Baney and Anthony DeBone; Chair Alan Unger was out of the office. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Judith Ure, Administration; and Wayne Lowry and Cheryl Circle, Finance; Jon Jennings of the State and Jim Rue of DLCD via conference phone. No representatives of the media were in attendance. Vice Chair Baney opened the meeting at 1:30 p.m. ___________________________ 1. Consideration of Signature of Letters regarding the Oregon Youth Development Council Transition Process. The Board briefly discussed the letter, which conveys the wishes of the County in this transition process. DEBONE: Move signature of the letter. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Vice Chair votes yes. 2. Consideration of Signature of Order No. 2013-135, regarding an Extension for Payment of Delinquent Transient Room Tax. Mr. Lowry said that an operator has fallen behind on payments and, in the past, the way this has been handled was through a promissory note. Ms. Circle said they are not asking for a waiver, but simply want to catch up and plan to have it paid off by June 2014. They owe $25,000. This gives the County some security if it is not paid back as intended. Mr. Lowry stated that it wouldn’t involve an Order, per County Counsel. Minutes of Board of Commissioners’ Work Session Monday, August 19, 2013 Page 2 of 8 DEBONE: Move approval of a promissory note with the operator. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Vice Chair votes yes. 3. Other Items. Judith Ure brought up a grant application for a provider outreach and enrollment program regarding the restructured health system. Behavioral Health is losing some funding, but the grant will help with this situation. The grants are small, $50,000 to $150,000 each, and are competiti ve in nature. Mosaic and St. Charles will also be applying. Volunteers in Medicine may partner with the County, and they have done this process before. The goal is to get more people into the “Cover Oregon’ program. It will be required eventually, so if some funding is available, it will help. St. Charles plans to use kiosks. Many people will need help with enrollment. She does not know if VIM will do this kind of outreach. The process will take about 2.5 to 3 FTE. Commissioner Baney stated that Healthy Beginnings was a recipient in the past. Most the population is in the Bend area, so working with VIM may be best. Access is important, and adequate outreach will need to be a part of it. DEBONE: Approve application to the Oregon Health Authority to register citizens in the “Cover Oregon” program. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Vice Chair votes yes. ___________________________ Nick Lelack and Peter Gutowsky joined the meeting, along with John Jennings of the DLCD (Department of Land Conservation and Development) regarding the Aspen Lakes development. Mr. Jennings said that Tom Thompson is among the folks at the Aspen Lakes development who has questions about the Cyrus development process. Minutes of Board of Commissioners’ Work Session Monday, August 19, 2013 Page 3 of 8 Mr. Lelack stated that he met with Mr. Jennings and Mr. Thompson a couple of weeks ago regarding the process. He did not want to commit the County to a big role in this process. Jim Rue, Director of the DLCD, and Mr. Jennings talked with Richard Whitman, who is the Natural Resources Policy Advisory to the Governor, about the concept at Aspen Lakes. House Bill 3536 started with the Metolius credit transfer opportunity. The LCDC policy agenda draft indicates a work group needs to be convened, possibly for a 2014 session, but maybe not until 2015. It is expected that things will start to happen as early as next week. Mr. Rue is trying to meet with Mr. Whitman. Whatever roles are established, it is a legislative issue, and the County won’t convene for its purposes. Mr. Lelack said the first meeting is critical. They need to talk about Cyrus’ goals. A community meeting could discuss ideas. The questions are what the decision process is and who heads it. Commissioner Baney stated that the hard part is if they get the go-ahead for something, they tend to want more. It is an intriguing idea, but there is no obligation on the part of the County to do anything. There is a place for the County in the conversation, but there is no obligation to furnish resources. Mr. Lelack noted that if the County has to get involved, it would be very demanding. It is a fast timeframe, and would mean stret ching resources very thin. Mr. Gutowsky said the County could do a lot of the preparation or offer logistical help. Mr. Anderson stated that this is getting complicated fast. The County needs to stay away from any perception that the County is leading the process. Commissioner DeBone said that the DLCD is in the same kind of spot. Mr. Jennings noted that this happens; the people he works for make decisions and choices. The agreement is that this project is to have its day before the legislators. They will need an official document. Commissioner Baney stated that there have been community conversations about this issue. Some Bills were generated from the efforts of the Cyrus’ venture, which is for-profit. Government is limited in this, but it could enhance or alter a lot of counties. The Board can’t deal with one private entity. Mr. Jennings said that the State has an interest in the Jefferson County credits. The County's interests are much greater. They will want to hear the Cyrus' proposal and have a general agreement idea. Mr. Gutowsky noted that they would have to provide some information. They want to use the three-month session. They might just allow the overnights an option, but they have to reveal their hand. The integrity of the Board and staff has to be preserved and the community has to be served . . Mr. Jennings said that his director is trying to pull together a meeting on this. He will talk with the Sisters City Manager. He thought this would be a target of the 2014 legislature and get some groundwork done. There were some mixed messages, and the County was looking at a different horizon. Mr. Gutowsky stated that the County could offer facilitation; DLCD and Mr. Jennings could define the role and mission. They could raise issues, help with materials but not be a decision-maker. There would be no hands-on in the meetings, or the execution or outcomes. The County could not be seen as having a lead position or commit to long-term involvement. Mr. Jennings noted that there have been attempts to keep this simple, but that is hard to do. Commissioner Baney asked about drafting a letter that lays out the County's part -which is looking forward to participating with Representatives in their committee. Two legislators are working on this, and the County will assist where it can, securing space and helping with coordination. The legislators will be supported in their efforts. However, since appearances are reality, the County can't be too close. Mr. Jennings said they may create a firewall to protect the County. Mr. Anderson added that the Cyrus' want entitlement for a prescribed use. If there is a review process, DLCD and the County may have to be reviewers. Mr. Jennings said that he is not sure they can get straight to an entitlement. There will be people seriously interested in the outcome and some will want to maintain the discretionary review process. The County may have to offer an impartial tribunal. To maintain this ability, taking the lead would make it more complicated. Minutes of Board of Commissioners' Work Session Monday, August 19,2013 Page 4 of8 Minutes of Board of Commissioners’ Work Session Monday, August 19, 2013 Page 5 of 8 Commissioner Baney stated this seems to involve irrigated farmland, unmapped areas, the size of the community and unknown service requirements. The County cannot be in a position to take sides. Mr. Lelack envisions a balanced committee with applicable State agencies. Mr. Jennings said they can assist the County in staying out of the process. It may mean the State takes on a more visible role. Commissioner Baney noted that if they don’t try to bite off too much, the Cyrus’ may make progress. However, not everyone will agree no matter what. Mr. Kropp said they need to know what the charge is and how they will get there. Mr. Jennings said that they may get different answers from different people. They would need to review the original legislation, analyze the Aspen Lakes property, and figure out where the gaps are; and whether there is another way to have this property considered for something other than what it is now. The Cyrus’ are trying to move this forward. Representative John Huffman is supportive, and perhaps also Representative Brian Clem. At this time, Jim Rue was reached via conference call. Commissioner DeBone said the Board is trying to get clear on the Cyrus situation. The County does not want to be in front. Commissioner Baney added that the County wants to participate and support efforts to clarify this without taking the lead. Each time they start out fast, and it has not ended in success. It seems that they are trying to convene so quickly without really knowing the role of the committee. Mr. Rue replied that as an agency, they share some of those concerns. For the State, there is essentially one interest, over three years ago when the Metolius bill created the transfer development opportunities. He spoke to Richard Whitman who believes they ought to help someone redeem those coupons. He does not know if Aspen Lakes is the place, but it is worth exp loring. Hypothetically, the first meeting agenda would describe in detail the requirements for the TDO referred to in the legislation. Then there would be a presentation given by Matt Cyrus using the TDO’s as a model. There could be another presentation by the County showing what can be done now. It is entirely possible that none of the TDO's or the County process would get Mr. Cyrus was he wants. The County and State would then walk away. Mr. Cyrus believes that he can go to the legislature and have the State define legislation that would allow this. They have done this in the past with UGB streamlining and other processes. Commissioner Baney asked if this would be open to the public. Mr. Rue indicated it has to be. Commissioner Baney asked why this would take place next week. Mr. Rue replied that Representative Huffman made an urgent request for two meetings before Labor Day. He is trying to get an organizational meeting next week to get people talking and to see where it goes. After the holiday, there may be more people or different people involved. Commissioner DeB one said it is okay to set out the basics. He is not sure the County would provide much detail. Commissioner Baney stated they could not get Rep. Huffman off the dime regarding the possibility of2,000 homes being added there. It seemed to be that if you have enough money, anything can happen. Mr. Rue said that the TDO's limit the development to 480 units. It also means that 25% of them have to be overnight accommodations. Mr. Jennings added that there are no hard numbers, just a general principle. Mr. Rue stated that he spoke with Mr. Cyrus for a while, and at one point, he observed how many destination resorts have been successful, such as Black Butte Ranch and Sunriver; all others seem to be suffering. With all of the big talk, the developer will have a huge hill to climb. There might not be much of a market. Commissioner Baney said he might be preparing for a sale. Mr. Rue noted that Mr. Cyrus said this several times in different forms. He said he will not go through a conditional use process again, and would sell first. He also said he has a couple of developers snooping around. Many people in a certain age group are selling the properties they own in resorts because they are tired of the drive. Commissioner DeBone noted that a rural heritage farm, if not too high end, might have a great market. Commissioner Baney said it sounds like convening a community conversation would be important on this key legislation. If a committee is to move forward, someone other than the County has to take the lead. Minutes of Board of Commissioners' Work Session Monday, August 19,2013 Page 6of8 Minutes of Board of Commissioners’ Work Session Monday, August 19, 2013 Page 7 of 8 Mr. Rue stated that the State can be helpful with one reservation. They would not do a press release and would be careful about inviting everyone who ever weighed in on it before. They would try to have a representative or someone who spoke for certain interests; for instance, Paul Dewey who spoke for some. There are Mr. Hollenbeck and Mr. Thompson, who are homeowners in the current development. If they get more than a dozen people around the table, there would be grandstanding and speechmaking, and just a few who really want to listen. He would like to see representatives of all the interests without opening it up to everyone. Commissioner Baney noted that there is a local grassroots following, and they’d be there. Mr. Rue said that they would construct a venue with representatives of the various interests, but do not want 50 to 75 people sho wing up who want to talk. There would be no progress made. Mr. Lelack said that who is chair would be key. Maybe that could be Rep. Huffman. Mr. Rue stated that Rep. Huffman works well with legislation. He made the wineries and UGB streamlining legislation easier by working out the details ahead of time. Mr. Rue said he would be okay with Rep. Huffman being chair. It is fundamentally a County issue, but the legislation takes it to the State level. Commissioner Baney said she wants to embrace the State TDO issue. Commissioner DeBone stated that he envisions a TDO detail meeting, to figure out if it applies to the Cyrus property. This has statewide significance. Mr. Rue explained that it is an inclination that redeeming the TDO’s in a place that is already partially developed is a wiser use that going out to an undisturbed area. Mr. Rue stated that if they could get someone from the Oregon Consensus to do it, which would be a perfect solution. He will talk with Rep. Huffman soon. They need to figure out who will facilitate. It is critical to get Paul Dewey and Steve McCoy, who represent the potential antagonists. Plus, the protagonists to get some balance. Mr. Lelack said he could also try to contact them, with no date or time set, but details will follow. Commissioner Baney stated they need to set the pace and give the appropriate information to the community. The wild card is that other people may show up. It would be an educational opportunity. Mr. Gutowsky said that Mr. Cyrus could show the limitations of the TDO and Code. Mr. Lelack noted that the first meeting would be key. Rep. Huffman or someone else needs to run that show. The role needs to be defined and someone has to be able to say 'no' regarding who is involved. Commissioner Baney said she really doesn't want the County involved at a higher level. The TDO is a State issue. Mr. Jennings stated that he hopes to know more in a week Mr. Jennings indicated he hopes to know more in a week or so. There are some very ambitious ideas and a timeframe that will collide with practical reality. This leaves a lot of questions unanswered as to why the people most involved are not trying to pull this together a bit harder. He hopes that this will mature and things will come together. They don't want a cycle of failure. Being no further discussion, the meeting adjourned at 3:40 p.m. DATED this IJf0 Dayof ~ 2013 for the Deschutes County Board of Commissio'Der: Alan Unger, Chair Ta~ceChair ATTEST: Anthony DeBone, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, August 19, 2013 Page 8 of8 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, AUGUST 19,2013 1. Consideration of Signature of Letters regarding the Oregon Youth Development Council Transition Process -Tom Anderson 2. Consideration of Signature of Order No. 2013-135, regarding an Extension for Payment of Delinquent Transient Room Tax -Wayne Lowry 3. Other Items ~ I, I I II 1 1 I I 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) (h), litigation; ORS 192.660(2Xd), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. , 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 lTY. Please call (541) 388-6571 regarding alternative formats or for further information. I 1