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HomeMy WebLinkAbout2010-05-26 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, MAY 26, 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, Nick Lelack, Tom Anderson, Peter Russell and George Read, Community Development; Tom Blust, Road Department; Laurie Craghead, County Counsel; David Inbody, Assistant to the Administrator; representatives of NeighborImpact; Keith Cyrus, Planning Commissioner; media representative Hillary Borrud of The Bulletin; and five other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Discussion of Proposed Speed Limit on Skyliners Road. George Kolb said that ODOT requires a speed study to change the speed on a given road. It is not posted, so therefore is handled through basic rule, which is “reasonable and prudent”. Until the road is reconstructed, a temporary limit of 45 miles per hour can be set if there are good reasons for the reduction, and there has to be a set deadline. The Sheriff’s Office is supportive and evidently many of the residents are in favor of this as well, based on their testimony regarding bicycle events and other uses. 2. Discussion of Proposed Residential Sprinklers Requirement. Tom Anderson said the international building code has a provision for sprinkler systems in all new construction. The State of Oregon will adopt a new code next year and will have to make a determination on this specific issue. The Oregon Building Officials Association has requested input from local jurisdictions. The staff report explains a number of situations on this issue. He would prefer that this be a local option. Minutes of Board of Commissioners’ Work Session Wednesday, May 26, 2010 Page 1 of 6 Pages Minutes of Board of Commissioners’ Work Session Wednesday, May 26, 2010 Page 2 of 6 Pages Chair Luke likes the idea of a uniform building code so that contractors will know what is expected in different locations. However, he has doubts about how well this type of system would work in this area, especially in rural locations. Andy High of the Central Oregon Builders’ Association asked that the Board indicate that this not be supported. This would add perhaps $3,000 cost per dwelling. It was pointed out that most people are saved by a good, working smoke alarm and by construction that is up to date. Justin Burke of Bend Fire Protection said that he does not support a mandate on sprinkler systems at this time. However, damage to homes is reduced by about 90% if there is a sprinkler system in place when compared to damage done by fire departments when they have to put out a fire. Usually other damage is due to improper installation. He feels there needs to be proper licensing in place before supporting a mandate. Bill Robie with the Central Oregon Association of Realtors stated that they support a local decision. The Commissioners were supportive of staff’s recommendation for a local option. 3. NeighborImpact Loan Program for South County Septic Replacement. Tom Anderson gave a brief overview of the proposed program, which would help those property owners who may be unable to afford to replace their septic systems as required. (He referred to a staff memo and report.) Commissioner Unger asked if they will have to pay the loan back. Mr. Anderson said that payment is deferred, and the loan would be due upon sale or transfer of the property. Karen Orme of NeighborImpact said that these are risky loans, and these individuals often need help more than others do. Laurie Craghead added that these are people who would not qualify for a traditional program, and there is no requirement for equity in the home. The loans are unsecured. She sad that lenders handle foreclosure or late payments differently from other situations. Minutes of Board of Commissioners’ Work Session Wednesday, May 26, 2010 Page 3 of 6 Pages Mr. Anderson said he will have to rely on the expertise of NeighborImpact in this regard. The foreclosure process is taking such a long time; it is worth it to protect the environment. There will be other loans that conform to standards. The target population probably will be very few. NeighborImpact has to fund that loan and structure how it is handled. Mr. Anderson said that there has been at least one instance where a property owner had a failed system and needed help immediately. They also were low income and intended to pursue the standard rehab loan through NeighborImpact. Under that plan they have to be qualified before having the work done. They did get a rebate but were unable to get a deferred loan because they had the work done right away. Commissioner Baney stated that if the system is failing, it needs to be fixed right away. Commissioner Baney asked that they come back and give the Board an idea of how many properties might apply. Commissioner Unger would like to help the one who already had it done. Chair Luke asked how anyone would know if the people have money in the bank, jobs or other assets. Commissioner Baney said she would like to go ahead and help this person who was faced by an emergency repair. Mr. Anderson thinks she would have qualified based on income, but was also behind on payments; therefore, she would not have fit into NeighborImpact’s normal program. The Board supported Item #1 and wants more information on #2, the situation involving the one individual. 4. Continued Discussion of Transportation SDC Methodology. Tom Blust said that the Resolution does not differentiate between single-family dwellings and others. Single-family dwellings have a trip factor of 1.01 during peak hours. Multi-family dwellings have .62. The trip factor for destination resorts is .32. This was used to develop the system development rate. Commissioner Luke said that Sunriver is not a destination resort. Part of this is determined from the fact that many of the properties are rentals; it would be hard to track if the house did not end up in the rental pool, or ended up being occupied full-time. Minutes of Board of Commissioners’ Work Session Wednesday, May 26, 2010 Page 4 of 6 Pages Mr. Blust said the .32 study looked at Black Butte Ranch and Eagle Crest. The definition of destination resort is nebulous but the uses are similar. The study did not differentiate between types of residences: single family, condos and others. Commissioner Unger asked if the Kittleston study was used to determine the amount of the SDC. Mr. Blust said it was to show the twenty-year projected trip growth. Peter Russell said they look at the developments at peak hours at certain times of the year. Commissioner Unger feels that all single-family dwellings should have the same rate. Mark Pilliod said they have a choice of taking no action, or can reopen the issue. Dave Kanner said a separate policy decision may need to be made. Commissioner Luke feels the impact on the roads is the same no matter where the house is located. Commissioner Unger agreed. 5. Discussion of Planning Commission Appointments. It was explained that some of the terms expire the end of June. Keith Cyrus has had two terms, which can be extended for an additional six months. Commissioner Unger stated that there has been a lot of discussion in the local newspapers about Mr. Cyrus and his personal interest. The Planning Commission has addressed this concern, and said it has not affected their decisions. They are into periodic review of the comprehensive plan and other big projects, and he feels the six-month option should be exercised. Mr. Cyrus represents local farming interests and his input is valuable. Commissioner Baney acknowledged his integrity and service, and that they have been through a lot of challenging issues over the past eight years. It was very helpful to have his history and knowledge. However, she does not think the comprehensive plan update will be ready with in six months, and this would just delay the inevitable. She prefers that something be done to balance the information, and suggested leaving Mr. Cyrus on for a few months to work with a new Planning Commissioner and bring him or her up to speed. This is almost like a mentorship, and might be a good idea to do this as a general policy. Minutes of Board of Commissioners’ Work Session Wednesday, May 26, 2010 Page 5 of 6 Pages Commissioner Unger stated that six months would take this until the end of the year. This runs through with the process on the comprehensive plan update, when the Planning Commission is supposed to have recommendations ready. It would be difficult to bring someone up to speed along with another new member during the same time frame. Commissioner Luke said that it appears there are not two votes to extend the term for six months. He noted that it has been postponed too long already. It will be hard to replace Mr. Cyrus because of his knowledge of land use. He would support two or three months, but no longer. Mr. Cyrus has done a good job, takes it seriously, and has gone out of his way to follow the law. The Board agreed to extend his term for another sixty days. ___________________________________ The second position is for the Redmond area. Commissioner Klyce can serve another term. Commissioner Unger said that they have some autonomy while fulfilling their term. When a term ends, that is the time to discuss how things are going and maybe to let others apply. The choice is to either reappoint him or select another. There should be a policy to follow each time. Commissioner Baney stated that this would take a lot of time that no one has available. If there are reservations about someone, they should not be reappointed. Commissioner Luke observed that he does not expect the Planning Commissioners to agree with each other all the time. They need to make independent decisions. He has disagreed with Commissioner Klyce on some things also. It has been a while since the appointment, and he feels it would be good to meet with him again. Commissioner Unger suggested that they should meet with anyone who is up for reappointment anyway. 6. Update of Commissioners’ Meetings and Schedules. None were discussed.