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HomeMy WebLinkAbout2008-09-17 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, SEPTEMBER 17, 2008 ___________________________ Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Eric Kropp, Deputy County Administrator; Joe Stutler, Forester; Kristen Maze, Anthony Raguine, Kevin Harrison and Paul Blikstad, Community Development; Don Webber, Emergency Services; and Laurie Craghead, Legal Counsel. Also present was Hillary Borrud of The Bulletin. No other citizens were in attendance. Chair Luke opened the meeting at 1:30 p.m. 1. Discussion of Central Cascades Volcano Coordination Plan. Don Webber explained the Plan, which does not relate to the tactical use of resources. Counties from the region are participating. DOGAMI will notify the State of emergency situations, who will in turn notify the counties. The State Emergency Services Department is now under the military department umbrella. Chair Luke asked that an original with all signatures be returned to Board staff. MELTON: Move Chair signature of the Plan. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Mr. Webber said that a statewide earthquake drill would take place in April. In the meantime, he would like to have James Roddey of DOGAMI speak to the Board about the Plan and the lessons learned from the Mount St. Helens event some years ago. Minutes of Administrative Work Session Wednesday, September 17, 2008 Page 1 of 6 Pages Minutes of Administrative Work Session Wednesday, September 17, 2008 Page 2 of 6 Pages 2. Forester Update. Joe Stutler gave an overview of the current wild fire situation in the Crescent area. He said that significant work on hazardous fuels treatment has been made in many subdivisions, although some neighborhoods and subdivisions have not yet been done. He feels the qualified pool concept saved a lot of money. Some funding remains from the FEMA grant and other sources. All of the County-owned lots from Sunriver south will be treated with some of the remaining funds, along with other privately owned properties that were not previously treated. By next summer, all of the County-owned properties will be addressed. He said that there is an open burning ordinance in County Code, but it needs some revisions. It is similar to the policy used by the Fire Districts, and the Fire Districts, along with the Sheriff’s Office, would be given authority to make decisions in that regard. It is hoped that the standards adopted by the County mirror those of the Fire Districts, the Forest Service and the Bureau of Land Management. Mr. Stutler went over a large map showing where major fires have happened over the years, and the areas with dwellings that are basically unprotected at this time. He continues to work with the public and other entities on this ongoing issue. There have been a few complaints about logging trucks and traffic, but for the most part everyone who is aware of what is going on with the program is supportive. Commissioners Melton asked about students’ participation. The High Desert Museum has a program in development and there could be others developing. 3. Work Session on Manufactured Homes and Recreational Vehicles Used as Medical Hardship Dwellings. Commissioner Daly asked about an additional driveway, which he would encourage be allowed. He said that some locations might require an additional driveway due to the terrain or the location of the septic system drainfield. He would like this necessity to be considered. Minutes of Administrative Work Session Wednesday, September 17, 2008 Page 3 of 6 Pages Commissioner Luke liked the wording about a deed restriction or condition of approval or other document that is recorded indicating that if the property changes hands, the additional dwelling is to be removed from use. He said that the main reason for allowing the use is so that the person can get appropriate care, allowing for the residents to have a measure of privacy. Kristen Maze stated that Clackamas County listed its requirements and qualified each with potential exceptions. Commissioner Melton asked about the foundation issue. Commissioner Luke stated that some kind of footings are needed for support, and skirting or blocking is required per Code. Commissioner Daly said that if they want to pour a slab or put up blocks, as long as they understand it is temporary, why not allow it. It will make the structure look better. The slab could be used for other purposes later, or the building itself could be turned into a guest house (in some zones), or a workshop or other type of utility building. Permits are required for this to occur. Tom Anderson said that a manufactured home can be decommissioned for another use, but this has to go through the State and County. The kitchen has to be removed and an inspection done. This is the same process that is followed if someone wants to bring a decommissioned structure onto his or her land. By State law, manufactured homes cannot be denied in many locations; this depends on the type of manufactured home, which might be restricted by subdivision CC&R’s. In regard to the time limit, some agencies require renewals after one or two years from date of issuance. A suggestion was that eventually the house would be expanded to include the person, or alternative care could be arranged. Mr. Harrison said that in most cases the person needing care is elderly; few are others who are handicapped or otherwise in need of care. Mr. Blikstad said that putting in a manufactured home is a major expense, but up until now, people did not have the option to use an RV for the same purpose. This is a much better way to solve the “temporary” question, and people who legitimately need to have a dwelling for that purpose may feel it is more cost effective to utilize an RV. Mr. Raguine pointed out that the use of the RV may preclude use by a wheelchair-bound person. Staff will put together comments and suggestions and work on wording relating to enforcement of existing situations. Community Development will continue with enforcement as needed in the meantime. Minutes of Administrative Work Session Wednesday, September 17, 2008 Page 4 of 6 Pages 4. Discussion of Application for Wireless Telecommunications Facility. Anthony Raguine stated that the subject property is off Arnold Market and Dodds Road, near Sundance Meadows. The Hearings Officer approved the 62- foot fake pine tree that would serve as the tower, but the local residents oppose it and have appealed. There are other locations that are possible for this use. The 150-day timeline is also under dispute. Mr. Raguine also said that some people have indicated that they did not receive notice; significant time was taken to make sure appropriate notice was done. Laurie Craghead explained that most of the dispute is based on State law, and she recommends the Board not hear it. The main issue of the neighbors is the alternative sites analysis; some local citizens prefer that public lands be used. A couple of dwellings would be located less than 100 feet from the tower. Mr. Raguine said that income from the tower could be as much as $2,000 per month. Commissioner Luke stated that he feels the Hearings Officer made a good decision and he prefers not to hear it. Commissioner Melton said that it is her understanding that the State and Federal have more jurisdiction in this situation and they are the proper entities to deal with it. Ms. Craghead indicated that even if the Board decided something differently, the State would not give deference to the County, and the applicants could now go straight to LUBA instead. MELTON: Move signature of an order declining to hear the appeal. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 5. Other Items. A brief discussion took place regarding the Planning Commission vacancy. Commissioner Melton asked if a stand-in could be appointed. Commissioners Luke and Daly pointed out that there will be no vacancy until next summer, and it would be awkward to do this if perhaps a more suitable candidate came forward in the meantime. Minutes of Administrative Work Session Wednesday, September 17, 2008 Page 5 of 6 Pages DALY: Move that Chris Brown be appointed to the vacant seat. LUKE: Second. VOTE: MELTON: No. (Split vote.) DALY: Yes. LUKE: Chair votes yes. 6. Executive Session, called under ORS 192.660(2)(h), pending or threatened litigation. The Board went into executive session at 3:25 p.m. After the conclusion of executive session, the Board took the following action. MELTON: Regarding File # A-05-5, A-05-6 (MA-05-4, SP-05-13, LM 05-22, Christian Life Center), move that Legal Counsel be authorized to agree to a stipulated motion to enter an order of remand pursuant to ORS 197.860, and authorizing Legal Counsel to sign as the Board’s designee. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. ____________________________________ At this time, the Board discussed whether the Financial Advisory Committee in La Pine should continue in an advisory capacity. Mr. Kanner said that he asked Tom Anderson to respond to inquiries in this regard. The Committee’s work ended official on August 31 but they could continue as an ad-hoc committee. Being no further discussion, the meeting adjourned at 3:45 p.m.