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HomeMy WebLinkAbout2008-10-22 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, OCTOBER 22, 2008 ___________________________ Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Inbody, Assistant to the Administrator; Anna Johnson, Communications; Laurie Craghead, Legal Counsel; Tom Anderson, Anthony Raguine, and Kevin Harrison, Community Development; and seven other citizens, including Representative Gene Whisnant, Chris Telfer of the City of Bend Council, and several representatives of the Sunriver Sewer District Board and Sunriver Board of Directors, and media representative Hillary Borrud of The Bulletin. Chair Luke opened the meeting at 1:30 p.m. 1. Sunriver Sewer Utility – Continued Pursuit of Oregon Water Resources Department Grant. Tom Anderson explained that Oregon Water Resources did not recommend funding for this project. Several meetings have taken place since then. Gene Whisnant said he did not know there was a grant being submitted, but since then he has provided a letter of support. He found out the grant went away. During the last session over $1 million was authorized for this kind of purpose, but there were nearly 40 applicants, so most of the applicants receiving an award are getting about half of what they requested. He requested a meeting with the County, DEQ and others, which was held in Salem. Tom Anderson attended, and the south County groundwater issue and the Sunriver Sewer system were discussed. The fact that this project will save water got the attention of the group. Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 1 of 7 Pages Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 2 of 7 Pages He said there might be a grant available in the amount of $20,000, a $20,000 loan and $25,000 from COCIB (Central Oregon Community Investment Board), along with whatever the County can grant or loan. There will be no other meetings before summer. Mr. Whisnant suggested the Board offer a letter of support. Some of the concerns are options for reuse of sewage, how it will be treated per DEQ, what areas can be sewered and at what cost, and various land use issues; plus the public entity to be in charge of operating and maintaining the system. The first thing is to find out if it is feasible. If it is, then there has to be a plan and a way to address environmental issues. $60,000 will not go that far. Laurie Craghead asked if they would cover the “no practicable alternatives” issues. Mr. Whisnant said they would. Commissioner Luke said that they have to use alternative energy if it is feasible. Commissioner Baney stated she would like to see changes in the Oregon State Police building project if it is not too late or too expensive. Commissioner Daly asked what happens if support for the sewering is limited. Ms. Craghead said that 15% of the people have to sign a petition. Dave Kanner pointed out that they have to go through a Goal 1 exception process. Commissioner Daly stated that no one would support it without the applicable figures. Chris Telfer said she wants to remain in the loop with Mr. Whisnant on what is happening with this proposal. Mr. Whisnant stated that he wants the County to take the lead. Commissioner Luke pointed out that Sunriver Sewer District came to the Board with the proposal and the application. If they need the County to take the lead on getting a grant and putting the package together, okay; but not to ask the County for the $160,000. The District has the expertise; the County does not do sewers. The County will support this to the extent possible. Mr. Whisnant said that the DEQ would not take anything from a private entity; it has to be from government. He wants the County to keep him informed. He stated that the grant was dead until he got involved. He didn’t know anything about it before and should have been in the loop from the beginning. He wants to be involved if it is a State agency issue. Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 3 of 7 Pages Commissioner Baney said that she didn’t think the intent was to use the entire remaining grant funds for this process. There needs to be support from DEQ. A $20,000 grant and a $20,000 loan are not much when the County is willing to put in $60,000. There needs to be some partnering. Mr. Whisnant stated that he wants out of this part, as he doesn’t need to be involved. Mr. Anderson said that he will stay involved and will participate fully, including if there is some kind of summit with DEQ and Oregon Economic Development to identify and deal with a funding gap. He wants to see the feasibility study happen, as it could set a benchmark or idea for everyone in South Deschutes County what this kind of thing might cost. It will benefit the entire area if it can be funded. There is about $480,000 remaining for the various needs. The fund it not growing very fast due to the housing market. From a staff perspective, he can take the lead and be a part of it. However, he thinks that perhaps Mr. Whisnant would like to see the County push for sewers in many areas of South County. That is a different kind of role that has not been explored, and would take a whole lot more time and expertise. This is something for the Board to decide. Commissioner Baney stated that she sees this current idea as an isolated event to see how it goes. Mr. Whisnant said that the only reason he is not pushing for the whole thing right now is that Sunriver has a time crunch and has to take action soon on their own system. He did not want to show all the agencies what each might give, but the numbers are now out there. He would like the County to find out if there is federal help. Commissioner Baney stated that her greatest fear is that the cost burden will be too high. She asked if there are other sources of funding available. Commissioner Luke replied that if this study proves out, the federal money for other areas might be enhanced. The County owns some lots that might become more valuable later on that could be dedicated towards this. Mr. Kanner said that Hood River County went through something similar. The federal grants are mostly gone, but there might be loan programs. Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 4 of 7 Pages Mr. Whisnant stated that he would like another meeting held to discuss an editorial in the Bulletin regarding tax credits. Commissioner Luke said they have little control over what the Bulletin publishes. He received a notice that the legislative committee would be meeting in the area, and asked Representative Burley if there would be an opportunity to bring up the tax credits then. However, DEQ brought up the issue instead. He added that there is a pollution control tax credit program for dairy farms, and he contacted DEQ to see if that could be expanded. At that time, it was turned over to the PAC. He then learned that the Farm Bureau and DEQ did not want to expand it. Mr. Whisnant stated that he feels this should have been brought to him, as it involves his district. He will either work with the Board or not. Mr. Whisnant left the meeting at this time. Mr. Kanner stated as the reviewing agency for Goal exceptions, the County cannot take the lead on this project. Support can be offered, however. Commissioner Baney said that she ran into Mr. Whisnant at another function and floated the idea, but never reconnected. Sunriver had already approached him about a letter. He missed the legislative committee meeting although he would have been notified. 2. Other Items. Laurie Craghead stated that Tetherow will be asking for an amendment to the improvement agreement for overnight accommodations, in regard to the bond. The original bond was for $16 million. They argue that changing market conditions mean a different kind of accommodations are appropriate, reducing the bond about half. The great room with sofa bed would be counted as a lockout, so there would be more overnight lodging units in the same space. Anthony Raguine added that this follows Caldera’s approval for a similar setup. If there is a separate entrance, it is considered a lockout, and was counted as units through the Hearings Officer’s decision. Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 5 of 7 Pages Ms. Craghead said that the law is not specific; it just has to be a separate, rentable unit. This would bring the number of units from 150 to 198. She added that the provision that allows them to move overnight lodging from one unit to another will be removed. Mr. Raguine then reviewed the cost estimate that was provided through a certified engineering company. Ms. Craghead said that the dollar amount is for 110% of the estimate. This is not a land use issue; it is financing. The Board can ask the applicant questions but it is not a hearing. At the time, this complied with State law. ________________________________ Mr. Kanner said that at an LCDC meeting, the County briefly participated, but there is concern that staff may have expressed opinions and not just facts in a letter to LCDC regarding policy. Commissioners Luke and Daly said they were surprised by Kevin Harrison’s testimony, which they did not necessarily agree with. Mr. Anderson stated that he is sorry it happened. He reviewed the draft letter before it went to LCDC and did not recognize it as something that should have been before the Board first. For the most part, it was technical comments. Commissioner Daly said that LCDC wants to put the squeeze on destination resorts but he feels things should be made easier for them as they provide a lot of benefits to the area. Most of the comments from staff seemed to be that the resorts are getting away with too much. Mr. Harrison noted that they were invited to participate and say what is working and what is not. They looked at areas where there are problems, and recommended changes to barriers or issues. Commissioner Baney said that she felt some items were more opinion than policy. This is a big, sensitive issue in this area. CDD and the Board are viewed as a team, and CDD’s voice can be conveyed as the Board’s voice. Some issues are being addressed but not all of them yet. Commissioner Luke pointed out that LCDC wants to move some things from statute to administrative rule, and the letter says the County supports this. It is not a good idea, as it does not allow for enough input. That is why it is in statute now. Minutes of Administrative Work Session Wednesday, October 22, 2008 Page 6 of 7 Pages Mr. Kanner noted that this type of thing has occasionally happened with other departments that have interaction with the legislature and State. Care needs to be taken so that those making comments are clear they are not representing the County. ________________________________ Before the Board was an Executive Session, called under ORS 192.660(2)(h), pending or threatened litigation. After the executive session, the Board took the following action. BANEY: Move to defend the decision regarding Thornburgh at the Court of Appeals on the condition that Laurie Craghead make oral arguments to defend, that Thornburgh’s counsel write the brief for Ms. Craghead’s review and editing, and with Ms. Craghead submitting the document to the Court of Appeals. Further, that Thornburgh will pay for all of Ms. Craghead’s costs, time to review, discussions and updates, all travel expenses including mileage, lodging, meals and related expenses, and the cost of the original record being submitted to LUBA. DALY: Second. VOTE: BANEY: Yes. DALY: Yes LUKE: Chair votes yes. Being no further discussion, the meeting adjourned at 4:35 p.m.