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HomeMy WebLinkAbout2009-07-15 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, JULY 15, 2009 ___________________________ Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Inbody, Assistant to the Administrator; Laurie Craghead, Legal Counsel; Tom Anderson, George Read, Dennis Perkins and Todd Cleveland, Community Development; George Kolb and Dan Sherwin, Road Department; and four other citizens, including Commissioner Cheryl Hukill of Klamath County and her husband Ronald. No representatives of the media were present. Chair Baney opened the meeting at this time. 1. Overview of Draft ESA Risk Assessment. Dave Inbody gave an overview of the evaluation, which relates to the Endangered Species Act and specifically the protection of steelhead. A study was done that identified certain concerns and inquiries were made as to how the County is addressing those concerns. The main areas of concern are Big Falls, and the County’s policies and procedures for handling any potential problems. It could be that the County’s risk exposure is slight or non-existent. The question is what the federal government has indicated is threatened; the other aspect is what the County would do if such a threat materialized. Some issues can be difficult or expensive to address. In regard to wetlands and the riparian corridors, it is felt that more mapping of those areas is needed. Tom Anderson said that the grant used for this purpose was not adequate. The general consensus is that doing this mapping will be a huge step in the right direction. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 1 of 8 Pages Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 2 of 8 Pages Also, construction near the river is an issue. The consultants felt that ten feet from a stream was adequate. However, this can only be done through a conditional use permit, and if it impacts the steelhead, cannot be allowed. Laurie Craghead said that removing vegetation in these areas is a violation and can result in a fine. Mr. Anderson stated that there is a detailed process to go through in order to remove material or add fill in some areas. There can be a huge fine and possible jail time if a person violates the Endangered Species Act. Commissioner Unger pointed out that the evaluation has not been approved at this point, and there could be changes. Mr. Anderson added that the process already exists in County Code, but the question is whether there will be an expanded wetlands area required. Ms. Cragehad said that this could result in how County rules are applied. Another concern was in regard to new stream crossings. It was felt that it is unlikely that any new stream crossings would be allowed unless one is constructed by the Forest Service. Mr. Anderson said there is a setback at the high water mark. Ms. Craghead stated that there have been decisions allowing construction closer due to a variety of reasons. Dan Sherwin pointed out that the Road Department is keeping this in mind when they do roadwork and spraying for weeds near the waterways. This will be discussed further when the results of the evaluation are more fully known. 2. Discussion of Regional Groundwater Protection Meeting with the Department of Environmental Quality (July 22). Mr. Anderson stated that it is the County’s view that the DEQ will take more of a leadership role in this situation now, and the County will go over the formal steps available to use now. The DEQ has done this is other parts of the State where there were areas of concern. There are two levels of action that can be taken in this situation. They are not necessarily consecutive. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 3 of 8 Pages The first step is a groundwater management program that is more or less voluntary, based on education and recommendations. For instance, the Southern Willamette Valley has a groundwater management plan. The DEQ might do this just to secure funding; but they would have to identify areas and ways to handle the issue. The second level is much more enforcement-based and is called the geographic rule, based on State law. It is similar to the local rule in some regards. The geographic rule can cross county lines. They can require different remedies for prescriptive wastewater treatment systems. They can also put in a moratorium on building. They can require certain septic systems or a sewer system. It will probably be much more specific and not area-wide. One likely path would be for them to declare the area and decide on a more specific plan area by area. Certain areas could be found to have no practicable alternative except sewer (in relation to the Sunriver system); but in other areas something else could be required, such as a nitrogen reduction system. Commissioner Luke asked how the State could mandate a development have a sewer system when they will not help. Ms. Craghead stated that they could do this. Commissioner Luke asked if staff could find out what they can do about it. Commissioner Baney stated that the question has always been whether to handle this locally, with some funding available, or deal with the State’s mandates. She also pointed out that the State is on record saying that doing nothing is not an option. Todd Cleveland said they used Goal 11 to declare this a hazard and not a health declaration of hazard. Commissioner Baney stated she had a conversation with Joani Hammond of the DEQ. It has been a difficult road and a date of July 23 has been set up for a meeting. The Board wanted to have a work session to figure out what comes next. Ms. Hammond said she wanted to find out what the community wants; Commissioner Baney observed that a lot of this has been done already, and the County should sit on the sidelines and let the DEQ garner whatever information they are seeking. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 4 of 8 Pages Commissioner Baney said that Ms. Hammond wants to call this a hand-off meeting. This clarifies the reason for the meeting. The community may have a chance to discuss the issues, but the plan should be for both agencies to discuss how this work can be handled. Each agency will have ten minutes for an introductory statement – the DEQ, the DLCD, and the County. Then next steps and perceived barriers would be discussed. Because of staffing cuts, many of the people who were intimately involved in the process are no longer available. Commissioner Luke said that the hand-off should include how the County can assist. The auditorium is only available from 5:30 to 9:30, so the meeting has to begin at 6:00 and end by 9:00 to allow time for setup and break-down. The County is responsible for recording and taking minutes as the DEQ is not required to do so. The DEQ wants representatives of the community to attend. This brings up a consideration of whether to invite those who are suing the County on this issue to attend. Richard Whitman, Bob Baggett and Joani Hammond from the State will be there; Commissioner Baney is not sure of any others at this point. There might be limited public testimony allowed, in a question and answer format, depending on the amount of time available. This is not a community meeting but one primarily to discuss process, not solutions. Commissioner Unger asked if there would be a PowerPoint presentation to bring everyone up to speed. Commissioner Baney said this would be considered. The science will not be revisited but there may be a question and answer portion. The DEQ needs to take the lead and a decision needs to be made as to where it goes from there. Commissioner Baney feels this could be another boondoggle, with the community not getting what it wants, but it needs to be clear who is responsible. Commissioner Luke said that he feels the meeting is to educate the public and the DEQ, and the County’s position needs to be clear. The public has spoken and if the DEQ does not take the lead, there is no lead. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 5 of 8 Pages David Inbody stated that perhaps someone from the community should speak for the community to indicate where they stand. Commissioner Luke noted that if one person is chosen to speak, others might not like it. There is no elected person to do this. Commissioner Baney said she gave the lead to Ms. Hammond so she can choose someone if this is the direction the DEQ wants to go. Mr. Kanner suggested that the Board be clear that the County has done what it can do, and the DEQ has to decide what the next steps are. The County can support in some ways, but should not do all of the work for them. Mr. Perkins said that the community has heard the County’s answers already; the community needs to hear answers from the DEQ at this point. Commissioner Luke suggested that perhaps the Mayor of La Pine could guide the meeting. Commissioner Unger asked if nitrates in the river system are also being addressed. Mr. Anderson said that this is inherent and is a part of the problem, and the DEQ is aware of this. The Board might want to remind the DEQ of this concern as well. Commissioner Baney briefly left the meeting to respond to a phone call from Ms. Hammond. When she returned, she said that Ms. Hammond is concerned about e-mails she is getting from La Pine citizens regarding which citizen should provide input at the meeting, representing the community as a whole. Commissioner Baney suggested to Ms. Hammond that she handle the meeting in whatever way she feels is correct now that it is the DEQ’s responsibility. It was decided that there would be a general press release without an agenda at this point. It was felt that the DEQ should select whomever they want to speak on behalf of the local citizens. It was observed that there are many people do not feel the same way as others, but are too intimidated by those who are more vocal to speak out. Commissioner Baney added that Ms. Hammond said she wants to get through the first part of the meeting with the County quickly so she can get to public input. Mr. Kanner suggested that questions be put on paper so they can be addressed in a logical fashion, since time is limited. However, the DEQ and not the County should answer those questions. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 6 of 8 Pages 3. Other Items. Mr. Anderson said that the study regarding the Sunriver sewer district expansion proposal has been launched. Various State representatives are involved, but it is unclear whether the DEQ will issue a finding of no practicable alternative until they know how this particular project is handled. The biggest question is the construction costs, and few people will support the plan without knowing the cost. Ms. Craghead said that the Goal 11 route can be used, or an existing public health hazard could be declared that would bypass Goal 11. __________________________________ Regarding the hearing tonight regarding an event venue Code text amendment, the applicants for the amendment have withdrawn their application. However, the hearing has been noticed and must be opened. The question is whether public testimony should be taken. It does not seem to make sense to do so at this point. Mr. Anderson stated that a PowerPoint presentation has been developed that explains the Board’s options. The Board can accept the withdrawal but can also ask other event venue operators whether they want to testify. This could also become a County initiated amendment to address the issue. Public testimony can be taken in general or specifically. Ms. Craghead said that citizen Gladys Biglor had offered suggestions as to how to take public testimony. Commissioner Luke asked if it is even legal for the County to consider this ordinance in the first place. A decision has been made on a similar type of case in the Portland area that was not favorable to the operator there, and this case is likely to end up at LUBA or in the courts. Through the comprehensive plan process, it would help to look at EFU properties to see if they are properly classified. Property can be preserved as open space, as much of it is not that useable as farmland. He has not been convinced it is legal under State law to allow the event venue use. Ms. Craghead said that another case was approved in a different part of the State, so it is still not clear. Minutes of Board of Commissioners’ Work Session Wednesday, July 15, 2009 Page 7 of 8 Pages Commissioner Unger added that he sees bigger issues, which are more and more conflicts between rural and urban uses. Whether through the comprehensive plan or otherwise, more needs to done to address these uses and impacts on a broader scale. Commissioner Luke said that the County would likely be sued no matter what the decision is. Ms. Craghead stated that it could go to LUBA. A suit could come based on freedom of religion grounds, however. Mr. Anderson stated that limited Code enforcement is being done based on previous direction from the Board. The question now is, if there is no longer an application, should Code enforcement continue on those that were in abeyance. Commissioner Luke said that a deal was made, but now that this has been pulled it no longer applies. Mr. Anderson stated that there are events planned for the rest of the summer for most operators. Commissioner Unger said he is okay with this, but there is a bigger issue that needs to be addressed through the comprehensive plan. Ms. Craghead said the deal was that they could have events as long as the text amendment was in the works. Commissioner Luke observed that people have made plans for their weddings and other events, and it would be improper to put them in the middle. Mr. Anderson stated that the comprehensive plan is more of a broad scope issue, and may not address this specific type of activity. If there is an overriding State law, it may not even be legal. Commissioner Unger said that there are other issues that can impact the quality of life of people. Ms. Craghead stated that there are a lot of farm-related activities such as farm stands that are allowed that might also have an impact on the neighbors. A lengthy discussion took place as to how to proceed, but no decision was reached. Being no further items addressed, the meeting adjourned at 4:50 p.m.