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HomeMy WebLinkAbout2011-06-15 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 WEDNESDAY, JUNE 15, 2011 ___________________________ Present were Commissioners Tammy Baney, Anthony DeBone and Allan Unger. Also present were Dave Kanner, County Administrator; and, for a portion of the meeting, Hillary Saraceno, Children & Families Commission; Tom Anderson, Paul Blikstad and Nick Lelack, Community Development; Laurie Craghead, County Counsel; and six other citizens. Chair Baney opened the meeting at 2:05 p.m. 1. Discussion of Request from High Desert ESD regarding County Funding. Discussion took place regarding the program that is in jeopardy. Advocates pointed out that in the long-term, the program will save the County money. Chair Baney said that there could be years when no community investment funds will be available, and asked for a backup plan. Paul Andrews said that with advance notice, they would approach other entities and the Districts so appropriate planning can take place. The School Districts and the County are the logical partners in this. Steve Swisher, Vice Chair of the Children & Families Commission and a retired school superintendent, stated that his picture is more global than that. Over time, this program is extremely important and is a core program for other things, and he would like to find more permanent funding for these kinds of core programs. A small levy might be approved by taxpayers for programs that are cost-effective. It is a great return on investment for the dollars spent. Chair Baney asked for his opinion on Early HeadStart. Mr. Swisher stated that it is an important program as a part of prevention as well. Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 2 of 7 Pages Commissioner Unger asked for clarification on how it works when the children are so young. Mr. Andrews said that the hope is that they never touch the Juvenile Justice system, but those that are at risk can be identified at that young age. Chair Baney asked if all school districts contribute. Mr. Andrews stated they do. Mr. Swisher said that in Lane County, he was part of the original pilot program, which was federally funded. Several of the Districts use their funds to continue this work. Commissioner Unger asked why this program went from a permanent status to a competitive process. Chair Baney said that alternatives to incarceration were analyzed to see if they enhance what the County already does. The thought was that the dollars should go into community investment in general. The funds can only be used for certain things by service partners. The funds are for the most part discretionary. Dave Kanner said that it started out with the same people asking for the same money each year. The County-run programs started being funded out of the general fund and the others now have to apply. Chair Baney pointed out that the biggest issue with this application is that the deadline for submission was missed. Further, they have been partners for fifteen years, but the County now provides half of the funding. The program is beneficial, but if the County does not have the general funds to support it in the future, the result is not good. She would like to see more efforts to obtain community support. Most counties are not able to invest in outside groups, as they have to make sure internal County functions and services are supported. This is not a mandatory program, and the County may not always be able to support them. There are many great programs that deserve support, but there could be a time when they will have to rely on other sources of funding. Mr. Andrews stated that he was not aware that the County wants to have them seek funding elsewhere. He fears that if not funded this year, the program will go away. He would like to review this during the coming year to determine how to handle future funding. Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 3 of 7 Pages Commissioner DeBone agreed. Commissioner Unger would like to see the Districts and ESD fully understand the complexities and the challenges. He understands the issue and wants to fund them this year, but next year they need to be on top of the process. Mr. Swisher said that he wants to let the Commissioners know that he hopes to work for them over the next few years towards making the program’s funding stable. Mr. Kanner stated that funds for the community programs come before the Board next week, and the Board could choose to de-fund another group in the amount of $25,000. Or, they could take funding out of the video lottery or contingency fund. UNGER: Move the video lottery contingency fund be adjusted by $25,000 to allow for funding for the First Steps program through the High Desert ESD for Fiscal Year 2011-12. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 2. Review of Draft Event Venue Text Amendment. Mr. Lelack gave an overview of the issue, referring to a matrix of considerations for event venues that are not a farm use. The County would draft a proposal to take through a public process; there is no existing proposal. The text amendment would be relatively short and would relate to private parks and events. This applies to farmland and not forest zones. Commissioner Unger asked about the consequences of a private park on the property and the owners; are there long-term ramifications. Mr. Lelack stated that other counties have taken action to approve these, and some put in four- year limitations. However, SB 960 means the land use would run with the property. It would allow a limited use, which is not well defined, but would require a license that must be renewed every two years. SB 960 means the land use would not expire, but the license could. Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 4 of 7 Pages Laurie Craghead stated that the use cannot be permitted outright. The SB appears to be moving forward in the legislature. Chair Baney said sometimes there is the practical application and the legal process, which could be different. Tom Anderson said that the land use could be allowed, but the use reviewed every two years or so. Ms. Craghead asked what a violation would entail; would a public process be required. Commissioner Unger said there are other kinds of licenses or permits that come up for review. There are expectations of the permitted use and they need to be met. Mr. Kanner asked how this would be determined. There need to be clear and objective criteria that makes it easier for staff to make a review. The conditional use permit expires after four years, at which time the application has to be reviewed. It could come before the Board and any violations or issues could be addressed then. Ms. Craghead confirmed that there are other reasons for a private park other than weddings. There could be soccer fields or trails, or other kinds of uses. If they are getting paid for the use, it is a commercial event. Mr. Lelack said SB 960 is specifically related to farm use, such as a corn maze or a fruit stand. A lot of properties might fall under this, but others will not be able to demonstrate an event is related to any farm use. This is where the private park comes in. Mr. Anderson stated that the private park issue will solve some issues but not all. The income task may be an issue if the use is challenged. There has to be a working farm for SB 960 to come into play. The Commissioners agreed that they need to continue forward regardless of SB 960 since the ramifications of its passage will not be known for a while. Mr. Lelack brought up setbacks, and whether landscaping or berming might be required. Mr. Anderson said that septic systems is also an issue. Perhaps the Board does not want to get into whether porta-potties are adequate, but in any case, he feels that hand-washing stations are necessary. Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 5 of 7 Pages The Commissioners felt that if the use is temporary, the portable equipment is appropriate. Minimum standards should be porta-potties and hand-washing stations. A lot depends on whether permanent structures are built for the use. Most parks have restrooms, but the siting and construction have to be permitted, and whatever is required for sanitation would have to be met. The limitation would be 20 events in a calendar year, which each event being one day. Mr. Lelack asked if any kind of notification is desired. SB 960 allows for fewer events but they can last longer. As far as set-up and take down times are concerned, SB 360 does not stipulate. Ms. Craghead said she feels that the set-up and take down are not a part of the time allowed for the event. Mr. Lelack said that a lot of people live on the property but others do not and just let it be used. Ms. Craghead said they can apply for a modification of approval as well. She said that even if there is no charge, there needs to be compliance with building codes, etc. The legislature should be done with this soon. There would be a public hearing in September and then eventual implementation. If something does not happen or happens, it shifts the conversation. Ms. Craghead said the County may be able to be more restrictive in some ways. Mr. Anderson said in two of the situations, they would be implementing State law. The other one gives the Board discretion. They need to be good at labeling the use and setting up the criteria. In regard to property boundaries, it can be easily challenged as far as the activity areas are concerned. The County could be challenged ass to notification. Ms. Craghead is talking about notice only. Mr. Anderson said the site plan review distances would be reviewed when the site plan is submitted. However, it could be difficult to enforce if they decide to move something. Chair Baney said that perhaps they could allow just the wedding and not the reception. Most of the angst seems to relate to having receptions. Commissioner Unger stated it is a mass gathering and it would be hard to get around this. Some people may want to have the wedding in a church and have the reception in the country. And enforcement would still be difficult. Minutes of Board of Commissioners’ Work Session Wednesday, June 15, 2011 Page 6 of 7 Pages The proposal will go to the Planning Commission for its input, and there will be one more work session with the Board (probably on July 13) before it goes to a Board business meeting, allowing for a 45-day notice. 3. Update of Commissioners’ Meetings and Schedules. None were discussed. 4. Other Items. Mr. Kanner stated that the County is entitled to three seat appointments on the EDCO Board. Lori Hancock of Sisters and Lee Smith are on the Board along with Dave Kanner. Mr. Kanner said that the committees do much of the work. Commissioner DeBone asked how he can get involved. Mr. Kanner indicated that Mr. Smith may decide to step down anyway. The cities have seats on the Board but do not provide much funding. Chair Baney asked if the County can request another member. Mr. Kanner said that the request will be made. ____________________________ The 911 User Board is interested in creating a new district and going out for more stable funding so they don’t have to pursue a levy so often. The new district would take in all but a small portion of the old district. The process is complicated but would make the district more stable. It is not just Deschutes County but other counties in the region. 911 is handled differently in the other two counties. The Commissioners thought that it might be a good time for a tri-county meeting again. Commissioner Unger stated that they would need to include more than just the governing body in something like this. The meeting ended at 3:50 p.m., at which time the Board went into a brief executive session under ORS 192.660(2)(b), a personnel matter.