Loading...
HomeMy WebLinkAbout2011-04-18 Work Session Minutes 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, APRIL 18, 2011 ___________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Mark Pilliod, Chris Bell and Laurie Craghead, County Counsel; Tom Anderson, Nick Lelack, George Read and Terri Payne, Community Development; and Hillary Borrud of The Bulletin. Chair Baney opened the meeting at 2:25 p.m. 1. Continuation of Work Session on Comprehensive Plan Update (from the morning business meeting). Terri Payne referred to a staff report and comments that were included; she said she did not include the destination resort section since that is in litigation. She may also pull the references to other materials as this is confusing to the public. It is not necessarily part of the final document by reference, but just where some of the information came from. Laurie Craghead recommended leaving it in, but explain the purpose of showing where the document originated. Commissioner Unger said they could put an asterisk and a footnote that says it is not necessary part of the document. Commissioner DeBone added that they should be sure to reference the date or version of the document. Ms. Payne said there are two types of comments: staff clarifications to make sure language is included that is required for legal purposes; and public clarification relating to the Trust for Public Lands, irrigation districts, etc., as well as public concerns. Some, but not all, is included. It is not an either/or discussion; it is where you draw the line. If possible, this should be down the middle. These are policy calls that can go one way or another. Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 2 of 7 Pages She said that the first version went towards natural resources due to State law. The Planning Commission tipped it the other way. However, the County does not want to get into trouble with the legalities. Commissioner Unger stated that they do not necessarily want to test it in the comprehensive plan, but in some cases, the County needs to push it. Ms. Payne said that she is not sure where the farming and accessory units and language initiating a conversation with the State needs to be. Ms. Craghead stated that some of it has been dialed back too far. The zoning code needs to be justified and they do not want to run into trouble with the Goal 5 analysis. Nick Lelack said that one tier is State law, one is against, and one is to conform but challenge. The County needs to identify areas that may need to be updated. Commissioner DeBone stated that he could put some personal beliefs in this, but want to know what is proper. Commissioner Unger noted that it is a process, the Board is part of it, and he does not agree with all of it but wants to support the path. Mr. Lelack said that this was a big topic of discussion with the Planning Commission. Also, some people did not testify before the Planning Commission but waited to do so before the Board. The Commissioners can stay the course; or if there is significant new testimony send a section back to the Planning Commission; or just explain why the Planning Commission recommendations should be changed. Commissioner Unger stated that as the Board makes changes, there needs to be justification. The Planning Commissioners can also comment at the hearings. Chair Baney said that the Planning Commission was not in unison on some topics. It is okay to disagree; it will not set things back if someone makes a statement. Some areas may eventually change. Commissioner Unger added that the important thing is for everyone to understand why the change was made. Ms. Payne said that once changes are made, there needs to be a public hearing and then deliberations. It is up to the Board as to how many hearings to have. Ms. Craghead noted that the public needs at least two weeks’ time to view it on the website first. Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 3 of 7 Pages Commissioner Unger said he sees value in the Chair of the Planning Commission sitting with the Board and staff. Ms. Craghead advised that they would have to be sure that he is speaking on behalf of the Planning Commission and not just for himself, especially since the group did not agree on everything. Discussion then started with Chapter 1, involving mostly clarifications and a proposed action list. Chair Baney said she is concerned about Greenprint. They are already circling the wagons on this issue. Part of the intent is to work with partner organizations but mostly to support their efforts for grants. Property rights is a big issue. She said that they need to insure that there is no net decrease in developable land. Ms. Craghead indicated these are all potential litigation issues. Much of the Chapter is affected by Measures 37 and 49. Mr. Lelack noted that the Board could expand the transfer of development rights program. Chair Baney said that it needs to be reworked. It could come into play for a road expansion or even if the owner is compensated. Concerning the Comprehensive Plan Map, it was pointed out that it is not defined. Ms. Payne said that the official map will be the one in the GIS system, and was added in to make sure it is officially part of the document. The Planning Commission was concerned that people might think this is a way to condemn properties. Staff added it back in, as it protects certain lands. Ms. Craghead pointed out that the County still has the right to condemn property regardless. Ms. Craghead said that regional planning efforts became an issue in a recent LUBA case. Coordination with other agencies needs to be included. This is not a veto power issue, but just an opportunity to comment. Chair Baney said the feedback is meant to be advisory, as they don’t want actions locked up when waiting for others to get their policies done. Ms. Payne suggested they use the wording, “as appropriate”. Commissioner DeBone asked who decides what is “appropriate”. Chair Baney said that this just shows intent that the County is interested in comments and wants to cooperate. Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 4 of 7 Pages Ms. Craghead indicated that the irrigation districts especially want this included since they have many issues regarding access and easements. The group then discussed Chapter 4, the Sunriver Town Center District. Ms. Payne stated that the property went into bankruptcy, and the new owners are not interested in changing it too much. A Comprehensive Plan change would be necessary, so she suggested this remain. Mr. Lelack observed that a better time to do this might be when determining south County plans and whether to include Sunriver in that. Ms. Payne said the information was submitted by someone who just did not want change to happen. She does not think it needs to be removed, and that would involve a big process as well. The Board indicated it should be left in for now. Discussion then occurred regarding 4.2, rural reserve. Mr. Lelack said they are looking at a thirty-year horizon for the cities. This is the opposite; it protects for thirty years. The only one now is in the metro area. Ms. Craghead said this stops growth around the cities. It does not have to be a belt, but could be patches of land. It insures that you don’t expand out too far. Mr. Lelack added that urban reserve rules are set by the State but it is not a requirement. Few communities have done this. Commissioner DeBone pointed out this area is already surrounded by public lands. This is for the next Comprehensive Plan in twenty years. Ms. Payne said this could be left in as a placeholder, and it probably won’t be reconsidered for at least five years. Commissioner Unger stated that he can’t think of where to use it. Mr. Lelack suggested maybe around the high lakes area in case the federal government starts selling off some of that land. That could protect it. Ms. Craghead noted that although the County cannot tell the feds what to do, the County could set zoning which would stay with the land if they sell it. Ms. Payne said that Section 4.7 regarding resort communities was a specific request from Black Butte Ranch attorneys. It is similar to the Sunriver section. Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 5 of 7 Pages Ms. Craghead said that the wording regarding common areas and open space needs to be adjusted. The discussion regarding transportation issues needs to reference State regulations. Ms. Payne stated that they need an updated Goal 5 inventory, but it is a big deal if it is done wrong, so this should be handled separately. The Board discussed future work sessions to address other Chapters of the proposed Comprehensive Plan. If review has not been completed prior to the continued hearing date of May 11, the Board may need to open the hearing and continue it again to a date certain. Testimony can be taken but it needs to be clear that there is no finished product and anything might change. Chair Baney indicated she wants another night hearing after there is a finished document to present. 2. Update of Commissioners’ Meetings and Schedules. The Commissioners discussed upcoming meetings and budget hearings in Salem. Commissioner Unger said that the Oregon Workforce Consortium is meeting at the County later in the week. Commissioner DeBone stated that he is still cynical about retraining everyone. Commissioner Unger replied that COIC is also negative about it, but the State is excited. Employers want to know that people are well trained for a position. A diploma does not tell them that you are a worker in that field. There needs to be a good workforce ready to go. 3. Other Items. Chair Baney said that there has been a request received regarding support of the Sisters Scenic Bikeway. All she has heard indicates that this is a positive designation, one of only two in the State. However, there are infrastructure standards that may need to be brought up. Commissioner Unger said that grant funds might be available. It was pointed out that the Road Department has already signed on to help with this work. Minutes of Board of Commissioners’ Work Session Monday, April 18, 2011 Page 6 of 7 Pages ___________________________ Commissioner DeBone said he is going on the radio to talk about the DEQ and the County handling on-site septic inspections. He is not ready to support a change in how it is done. Chair Baney said this may require a public hearing to see if there is even a big issue except for a few vocal people in one area of the County. They may hear from those who say there is a problem but who have not personally been impacted. They probably would not hear from anyone from other areas. If the DEQ would take over just the south County portion, the County would be agreeable. Commissioner DeBone noted that the citizens need to come up with a viable solution and get DEQ on board with it. Commissioner Unger added that the DEQ is very good at delaying things. They need to get the e-mails the Board gets and figure out how they want to deal with it. Staff is just applying State law. Chair Baney added that the County is on contract with the DEQ and DEQ is the one who needs to make a decision. Commissioner Unger said that maybe the County can just automatically deny an application so that it goes on to DEQ. The people may find that they have to pay more to the DEQ at that point, which is what they have been told already. ___________________________ The Board then went into executive session, called under ORS 192.660(2)(h), pending or threatened litigation After the session adjourned, the Board took action. UNGER: Move that the Board support County Counsel’s advice to defend at the Court of Appeals regarding destination resort remapping. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. ___________________________ UNGER: Move that staff be directed to enter into negotiations with the attorney firm discussed in executive session, and authorize the County Administrator to sign the contract. DEBONE: Second.