Loading...
HomeMy WebLinkAbout2010-11-03 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, NOVEMBER 3, 2010 ___________________________ Present were Commissioners Alan Unger, Tammy Baney and Dennis R. Luke. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Ernie Mazorol, Court Administrator; Scott Johnson, Health Services; Tom Blust and George Kolb, Road Department; Laurie Craghead, County Counsel; Teresa Rozik, Property & Facilities; Judge Alta Brady; Ken Hales, Community Justice; Loni Burke, Chief Deputy Tax Collector; Hillary Borrud of The Bulletin; and seven other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Continued Discussion of Family Drug Court Funding Request. Judge Alta Brady, Ernie Mazorol, Scott Johnson and Ken Hales came before the Board regarding funds from the Criminal Justice Commission to operate the Family Drug Court program. Commissioner Luke asked about the possibility of a different budget being developed. Mr. Mazorol said that there is a small contingency, and he feels they can make it through the end of June. Judge Brady supports the plan. Commissioner Unger said the program is worthwhile and should be used as an example where this kind of thing works. Commissioner Baney agreed. The Board agreed that there are issues as how this will be addressed in the future, along with other good programs. Mr. Mazorol stated that the specialty courts are successful. They are moving State money around to handle this, but the future of State funding is not clear. Judge Brady stressed that consistency in handling the programs is very important. The specter of under-funding or being forced to be open just four days a week will jeopardize the programs. Minutes of Board of Commissioners’ Work Session Wednesday, November 3, 2010 Page 1 of 6 Pages Minutes of Board of Commissioners’ Work Session Wednesday, November 3, 2010 Page 2 of 6 Pages 2. Discussion of Foster Road Maintenance Request. Tom Blust introduced Charlie Jones and Bruce Stendal of Beaver Special Road District’s Board. He said that Foster Road, improved through a local improvement district, have asked for assistance in maintaining the road, which is impacted by through traffic from other areas. If the County would maintain the road, the district would do snow plowing and weed control along the road. They would also try to monitor the use of the road. Traffic counts were done, and there are about 200 vehicles per day on the road. Out of the 200 vehicles, about 68% is traffic that is going elsewhere. Mr. Blust said that the staff recommendation has not changed. It is a local and not a regional road at this time. It should be adequate for five to seven years. Mr. Jones and Mr. Stendal stated that the road used to be the worst possible road in the area. It is now paved and works well. It was built to County standards and partly because they understood that the door was not shut to the possibility of the County taking over the maintenance. Almost all of their money for the past two years went into this road. Commissioner Baney asked what the next option would be if the County cannot help at this time. Mr. Jones stated that they would do the best they can. Commissioner Unger would like to see a plan and a partnership on this kind of thing. He would like to get to accepting it as he sees it as a collector and arterial. Sharing the cost would be helpful, as the County clearly cannot afford to add more maintenance miles to the existing workload. Commissioner Baney said that this usually comes up during the budget process. There is a lot of uncertainty regarding funding, both State and federal. Commissioner Luke added that the district and Road Department may make some kind of agreement for the County to chip seal it if the district handles the ongoing maintenance. Mr. Blust said that maintenance costs about $15,000 per mile per year, over the life of the road, typically 15 to 20 years. Commissioner Unger would like to see a collaborative plan, so that the entire cost is borne by one group or the other. This helps people form local improvement districts, providing ownership of the project, but keeps the entire issue from being left up to the County. Minutes of Board of Commissioners’ Work Session Wednesday, November 3, 2010 Page 3 of 6 Pages Dave Kanner stated that there are a lot of road districts and local improvement projects in the County, and he agrees with staff that the County cannot add to its road maintenance burden at this time. It is possible that some roads will end up having to be returned to gravel. A key point is that the additional vehicle trips will not significantly change the maintenance needs of the road. If this assistance is given, it is likely that other districts will want to know how the County is going to help them. Commissioner Unger feels that there is a shared responsibility since there is countywide traffic moving through. He feels there is a 60/40 or 70/30 component. Commissioner Luke said that a certain amount of traffic on a road is good, as it provides stability. George Kolb agreed that this is true with oil mat roads. Mr. Jones stated that Foster Road is potentially a collector, and that makes it different from many others that do not have through traffic. This is providing a service for other parts of the area. Commissioner Unger would like to be able to get to ‘yes’ in the future, but there needs to be a way to find adequate funding for this road and other roads through collaborative efforts. He agreed to help pursue this idea. 3. Discussion of Whether to Hear an Appeal of the Hearings Officer’s Decision (Applicant: Outward Bound). Paul Blikstad gave a brief overview of the item. The tents are already there but land use approval is needed to convert the tents into a more permanent type of structure. The primary issue today is to determine the meaning of the ESEE analysis that says no additional structures are to be allowed. The ESEE analysis had to be done as part of Goal 5, because there is an eagle’s nest in the area and there are other bird sites there. The eagle’s nest is higher up on the ridge but they have to use the map that was adopted as part of the Comprehensive Plan at the time, nearly ten years ago. Commissioner Unger disclosed that he has driven by the property in the past. Staff feels that this is important enough that the Board should make a determination. Minutes of Board of Commissioners’ Work Session Wednesday, November 3, 2010 Page 4 of 6 Pages Laurie Craghead said that this is somewhat unique to this property. The applicant is appealing this based on the idea that they are being treated differently than other properties in the same type of situation. The Board will have to determine on what basis to hear this. The ESEE analysis affects only a portion of the property. It involves an alteration of a non-conforming use and the County was not consulted before doing the work. Mr. Blikstad stated that in 1987 they were proposed as permanent platforms for temporary tents. No time frame was indicated for the tents. The practice has been to take the tents down during the winter, and this requirement remains even if they are improved. There is no power, heat or plumbing. A change to the pattern of use is not being proposed so this is not a consideration. The Hearings Office said the nature of the use is not changing. However, they may have to provide some kind of ADA provision for handicap access even though this was not a requirement in the past. Ms. Craghead stated that this is an interpretation of the Comprehensive Plan in this regard. Deference is given to a Board decision but not to a staff or Hearings Officer decision. It could be applied only to single-family dwellings, but the Hearings Officer found this is ambiguous. Therefore, the Board needs to make a determination. Commissioner Luke suggested that a de novo hearing is best in his opinion so they can get any and all new evidence and testimony. December 27 is the deadline. The hearing may be scheduled for the November 22 business meeting. BANEY: Move that the Board hear this appeal. UNGER: Second. BANEY: VOTE: Yes. UNGER: Yes LUKE: Chair votes no. (split vote) BANEY: Move that the Board hear this appeal de novo. UNGER: Second. BANEY: VOTE: Yes. UNGER: Yes LUKE: Chair votes yes. Minutes of Board of Commissioners’ Work Session Wednesday, November 3, 2010 Page 5 of 6 Pages 4. Update of Commissioners’ Meetings and Schedules. There will be no meetings the week of November 15 due to AOC. The Board meets on November 22 but not November 24. The Board discussed potential AOC appointments and committee memberships at this time. 5. Other Items. Additions to the Agenda: ƒ Continued Discussion on Spay/Neuter/Animal Services Issues and Funding. Mr. Kanner said the Board needs to advise how much money should be added to the spay/neuter grant program. None has been spent out of Fund 350, which could be used to supplement this. Originally he said that $2,500 was adequate. Commissioner Baney said the return on investment is huge. Commissioner Unger asked if it was a 50/50 agreement regardless of the amount donated by the public. The first year about $2,500 came in from the public, and the Board agreed to match that amount. The $5,000 seemed to become the total dedicated amount over time. The Board suggested that $10,000 in addition to the previous amount would be appropriate. ƒ Consideration of Chair Signature of a Housing Development Grant Agreement Amendment. Teresa Rozic brought the amendment before the Board. It is required to be able to get the funding. BANEY: Move signature. UNGER: Second. BANEY: VOTE: Yes. UNGER: Yes LUKE: Chair votes yes.