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HomeMy WebLinkAbout2010-02-17 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, FEBRUARY 17, 2010 ___________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Hillary Saraceno, Commission on Children & Families; Ronda Connor, Personnel; Tom Anderson, Nick Lelack and Paul Blikstad, Community Development; and eight other citizens including representatives of the media. Chair Luke opened the meeting at 2:00 p.m. The meeting started later than usual due to the annual meeting of the Board and Black Butte Ranch Managing Board earlier in the day. 1. Volunteer Center Update. Jim Schell of the Partnership to End Poverty, John McLaughlin of the Commission on Children & Families, and Betsy Warriner of Volunteer Connect, gave an overview of the work they have been doing. They bring fundraising, marketing and business development expertise to various groups. The partnership is interested in Volunteer Connect because a volunteer center concept is overdue in this area. They serve low-income residents, as do most of the nonprofits. The County is woefully short of mentors, and this void can only be filled by volunteers. Also, a couple of demographics will be a focus point – young adults and gated community folks – who have a lot to offer the community. The organization consists of sixty people, and 60,000 people need help in the region. A volunteer center would help to leverage these numbers. Betsy Warriner said that Volunteer Connect went into effect in January, and 300 volunteers from six communities in Central Oregon are now involved. Minutes of Board of Commissioners’ Work Session Wednesday, February 17, 2010 Page 1 of 6 Pages Minutes of Board of Commissioners’ Work Session Wednesday, February 17, 2010 Page 2 of 6 Pages Also, 134 volunteers have referred themselves on line. The formal launch event is planned for February 25, to be held at the Humane Society of Redmond’s event center. There are various types of volunteers who can help in a variety of ways. Some volunteers are willing to do work on an ongoing basis. Others are one-time volunteers for special situations. Corporate programs help with programs such as Leadership Bend. Volunteer Insights features the service learning program, which gets students involved. Commissioner Unger asked if they have a space where they handle business. Ms. Warriner said that various governmental agencies are being contacted, and it is likely there will be a number of locations so that the group can better serve the entire region. Hillary Saraceno thanked Ms. Schell and Ms. Warriner for their work. The establishment of a volunteer center is an important part of the Commission on Children & Families’ Community Plan. 2. Discussion of Whether to Hear an Appeal on a Conditional Use Permit for a Wireless Facility (Cline Buttes). Paul Blikstad gave an overview of the issue. The application was denied by the Hearings Officer primarily based upon the issue whether two towers in non- resource land would have the same effect as one tower in resource land. This brought up citing criteria in the EFU zone (see page 5 of the decision). There was some opposition from residents of Eagle Crest. The height of the tower also was reduced from 90 feet to 60 feet. Commissioner Unger asked why it has to be that high if it is on a butte. Mr. Blikstad said that Code encourages co-location. The applicant indicated that the one tower now there is not capable of being an additional provider. Dave Kanner said that federal law does not require co-location, although it is to be encouraged. Mr. Blikstad said that Code review is not required in co-location cases, making it easier for all involved. Mr. Blikstad suggested the Board to hear this because there might be a policy issue to be addressed regarding having two towers on non-resource land versus one on resource land. The applicant feels that the coverage needs to extend further west and that two towers will not do this. (See page 12 of the Hearings Officer’s decision.) Minutes of Board of Commissioners’ Work Session Wednesday, February 17, 2010 Page 3 of 6 Pages Commissioner Unger feels that resource land is basically other than residential. He thinks there is very little non-resource land in that area, and it is not on a butte. He feels that the tower would be best placed on resource land such as a surface mining site; adding that this might be a better location than next to residential. Laurie Craghead said that the idea is to use resource land for what it was originally intended. Another issue is whether this could have been brought up to the Hearings Officer prior to the record closing. Commissioner Unger asked if specific locations were suggested. Mr. Blikstad said that the response was non-specific, just that there are other places they could consider. Commissioner Unger asked about the coverage issue; it sounds like four towers are already being considered along Highway 97. Mr. Blikstad stated that they may have been talking about the whole system. It is unknown what the coverage might be with two towers. The applicant seems to indicate that they did not know that they were to select two sites, and what the coverage might be. Commissioner Luke said this is a decision that appears to be based on a policy that the County may or may not have. Laurie Craghead said that it is hard to anticipate how much LUBA will weigh in on this, but they could be making a policy decision for the County, based on State law. The Code used by the Hearings Officer indicates that the County would not be given deference by LUBA in this situation. Commissioner Unger is frustrated at the lack of determinations in other areas where this has probably been addressed previously. Ms. Craghead said that the Hearings Officer is very thorough and was not able to find anything having to do with placing and using two towers instead of one. Commissioner Unger stated that they seem to want to have a series of towers that hand off coverage along the road. Ms. Craghead said that if it were appealed to LUBA, that agency would make its own interpretation based on State law. Commissioner Luke stated that it is clear staff would like to have some direction. Commissioner Baney would hear it if it adds value to the issue. Commissioner Unger feels that he would like to hear more about two towers versus one. Ms. Craghead said that this would require a full de novo hearing. Commissioner Luke stated that limited de novo makes it too difficult to ask certain questions. Commissioner Baney would like to be sure that the Board stays focused, however. Commissioner Unger prefers full de novo so that all pertinent information can be obtained. Minutes of Board of Commissioners’ Work Session Wednesday, February 17, 2010 Page 4 of 6 Pages Mr. Blikstad stated that resource versus non-resource land is the main decision point. Commissioner Unger stated that sometimes it would make sense to allow this type of facility on resource land. BANEY: Move approval of hearing this issue full de novo. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Discussion of Benevolent Food Handler Permits. Tom Anderson gave an overview of the program. There are fixed location benevolent groups, such as the Bethlehem Inn, whereby the practice is to waive the fee; and there is a wide variety of groups that set up at various events, and the license fee is discounted for them. Due to the dire financial situation at Community Development, a County subsidy of the discounts was requested and was granted in 2009. The total cost was about $9,000. Mr. Anderson asked for the same consideration last July and the Board agreed to waivers for the fixed locations, but wanted an update on the others before deciding whether to cover that cost. The temporary license amounts fluctuate a little bit each year. Commissioner Luke asked what funded this in the past. Mr. Anderson said it was covered by licensing fees from other restaurants. $3,750 will cover the temporary fees. In July, it would cost about $9,000. Mr. Kanner said that the cost really is borne by the for-profits that pay the entire amount. He said the County has to do the 50% discount anyway. The Board agreed to cover this additional cost since the work is required. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Work Session Wednesday, February 17, 2010 Page 5 of 6 Pages 4. Update of Commissioners’ Meetings and Schedules. The Deschutes Water Alliance met last week; progress is being made, per Commissioner Unger. There are many challenges, and Oregon is one of the few states that does not have an integrated water plan. ________________________________________ Commissioner Baney attended the Governor’s Forum with representatives of the Department of Human Services, and they had a conversation around how the State can work well with counties to rebalance unfunded mandates, and how to successfully address outcomes and objectives that the State wants the counties to meet. Ultimately, the State wants these issues handled as a region. This concept is foreign to many who have not yet done this before. She felt the conversation was positive, but anticipates the process will take some time. 5. Other Items. Commissioner Baney said that concerning House Bill 3640, sponsored by Senator Chris Telfer, personal property tax liability would be canceled for manufactured structures that are assessed at $12,500 or less. At this time, it covers only counties with a population of 340,000 or more. Senator Telfer stated that this might be amended to include other counties, regardless of population. Commissioner Unger worried that this encourages people to stay in substandard dwellings. Commissioner Baney noted that when people leave these residences, there is no continuum of where they can go next. Commissioner Unger said that this might affect people who are losing their housing due to the sale of mobile home parks. If it passes, it might be amended in the future. ________________________________________ Marty Wynne, Finance Director, asked whether the Board might agree to him putting together a special proclamation recognizing a staff person in his department for years of service, to be presented at the February 24 Board meeting. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. ________________________________________