HomeMy WebLinkAbout2009-09-30 Work Session Minutes
Deschutes County Board of Commissioners
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MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 30, 2009
___________________________
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Tom Anderson, Paul Blikstad, Nick Lelack, Terri Payne;
Peter Gutowsky and George Read, Community Development; Marty Wynne,
Finance; members of the Planning Commission; representatives of
NeighborImpact; Hillary Borrud of The Bulletin and a representative of KOHD
TV; and about a dozen other citizens.
Chair Baney opened the meeting at 1:30 p.m.
1. Discussion on Housing Rehabilitation Loan Agreement with
NeighborImpact for South County Septic Upgrades.
Karen Orme, Corky Senegal and Laura Fritz, representing NeighborImpact,
came before the group.
Tom Anderson explained there have been several discussions about this issue
over the past few months. There are two primary concepts. The County’s
financial assistance fund would help homeowners comply with regulations
regarding failing systems or upgrades required at the time of major home
remodel or new construction. The County’s funding would primarily have to
do with system failure.
The NeighborImpact fund is a loan program with low interest, with payment
deferred until the property changes hands.
Commissioner Unger asked which systems would be required. Mr. Anderson
said it would be the variable treatment system model, with a certain level of
nitrogen reduction.
The main concepts are using the County’s financial assistance funding pooled
with NeighborImpact’s funds, under their loan program. They have had a
successful program in place for a while.
Minutes of Board of Commissioners’ Work Session Wednesday, September 30, 2009
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Minutes of Board of Commissioners’ Work Session Wednesday, September 30, 2009
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The more detailed concept is when someone may not qualify for a
NeighborImpact low interest loan. This could be because the loan to value ratio
is upside down or the property owner is behind on payments. The County
program would basically guarantee that loan. (Mr. Anderson presented the
concept paper in this regard.)
Ms. Fritz gave an overview of how the organization might assist people in this
situation. There are criteria in place. Concerning volume, two out of five
applications were denied that potentially could have been approved through the
County. Mr. Anderson said that NeighborImpact funds might be available for
less risky items, such as general repairs and upgrades to the system.
Commissioner Baney brought up how the contract could be defined. Woman
from NeighborImpact said that the County would have to define the type of risk
it is willing to take. If there are Code violations, those will have to be cleared
up. Some have not paid their mortgage for a long time.
Chair Baney asked if they could offer some guidelines. They indicated that
they have met with the Finance Director and realize there is more to do to get
this going.
Commissioner Luke asked Marty Wynne and Dave Kanner if the County wants
to entertain this level of risk. Mr. Kanner said that he does not think that the
County is prepared to handle this on its own. Mr. Wynne said they need
NeighborImpact’s expertise.
Mr. Anderson stated that potentially the homeowner might do some of the
work. The loan might be based on income level, interest rate, and so on. The
loan is deferred, but typically do not go any longer than seven years. They do
not have to make payments until the term expires or the property is sold.
It was decided that they should focus the $60,000 on guaranteeing the riskier
loans, and NeighborImpact will work with Mr. Wynne and Mr. Kanner to better
define the process and its parameters.
Chair Baney said that if they are to use Deschutes County funds in this way,
and there is a 15% administration fee, why the County would not handle these
directly. She was advised that those funds would not be used unless the loan
goes bad. The County funds act as a guarantee.
The Board concurred that this could be a great partnership.
Minutes of Board of Commissioners’ Work Session Wednesday, September 30, 2009
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2. Discussion of House Bill 2229 – “The Big Look”.
Chair Baney left the meeting to attend a conference out of the area.
Nick Lelack gave an overview of what he has learned thus far about this Bill.
He said that Representative Garrett took this up, indicating that it was a starting
point, and the task force was supposed to report back by February 1, 2009.
Land use as it is being used today is to be analyzed inside and outside the UGB,
and decisions made as to whether it is working. The Bill makes several changes
to the law (staff report).
The process allows counties to reevaluate the process to correct mapping and
zoning issues, and to simplify the process. The solutions in the Bill are
extraordinary. No resources were provided to help with this work, however.
The key is the farm and forestland designation update. There could be a
legislative review of these lands, to see if this is consistent. However, the law
requires a look at all exception lands, such as MUA-10 and RR-10. Mr. Kanner
asked if this change would be at the landowners’ request. Commissioner Luke
said that a lot of things were designated EFU because they were running out of
time. If something is designated open space instead of EFU, this may be
appropriate.
Mr. Lelack stated that there are a lot of factors to consider for this to take place.
Land would need to meet the designation of farm or forest per State law, based
on the type of soils. It may be zoned EFU, but the soils are not. (handout) If
land is irrigated or 50% or more has the proper soil type, it stays farmland.
(The group recessed at this time to attend, via videoconferencing, to participate
in a State Senate Environment and Natural Resources Committee hearing on
destination resorts. A discussion of this issue will be addressed at a future
meeting.)
3. Comprehensive Plan Update: Release and Review of First Public Draft.
(This item was addressed prior to item #2.)
Terri Payne gave an overview of the draft, based on input and studies, reports
and other data. This plan has a lot of action items rather than just goals and
policies. It is a work in progress and is not finished yet by any means. Some
people have asked why this matters, and she has explained that land use impacts
the quality of life. It is always a balancing act between property rights and
regulation.
Minutes of Board of Commissioners’ Work Session Wednesday, September 30, 2009
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There will be 90 days of public input before a revision is done. Many meetings
are scheduled. Chair Baney asked if this is standard procedure. Ms. Payne said
this is the ideal, not necessarily the norm. They are trying very hard to get this
out before the public. All information will also be on the CDD website.
Peter Gutowsky stated that staff appreciates the Board’s support of this
endeavor, which has become a priority and a big commitment. It is forward
thinking, and he is confident that this framework is a great starting point. All of
the work has been done in house, and reflects a collaboration between
regulators, the public and other stakeholders. It is in a user-friendly format to
allow the public to easily access it. Those who are interested will find it is
simple to review and critique. Staff will provide a copy of the update to all of
the local City Community Development directors, to school districts, parks
districts and others. It will also be available at every local library branch.
He said that this is different, and is not the typical legislative process. They are
truly committed to getting feedback from all entities. It is the communities’
document, and when the process is done, it should be a good result.
A person in the audience asked if there is any way to get the meetings on
community television. Chair Baney said they would see if there is an avenue to
do so. The County is trying to coordinate ways to get more people involved.
This may include televising if at all possible.
Commissioner Unger said that the Planning Commission meetings are also an
important aspect. Ms. Payne stated that there is already a posting on when the
Planning Commission meets and what their discussion topics will be.
Mr. Gutowsky said that the south County public wanted things to move more
slowly, based on input regarding the high groundwater pollution issue. There
are several meetings scheduled there to obtain input on a variety of land use and
environmental issues.
Mr. Lelack said that the community discussions begin tomorrow night at the
Planning Commission meeting. This is not quasi-judicial, but there are
requirements that have to be met during this process.
Mr. Kanner noted that the public input is not limited to the agenda items, but
comments are welcome on any issue at any meeting.
Minutes of Board of Commissioners’ Work Session Wednesday, September 30, 2009
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4. Other Items.
The group attended, via videoconferencing, to participate in a State Senate
Environment and Natural Resources Committee hearing on destination resorts.
Representatives of Wasco County, which does not have a destination resort,
were to testify. Also to be addressed was countywide mapping of destination
resorts and the application process. The question is how the process can be
streamlined.
After 25 years, the impacts of resorts are now known. Major concerns are
traffic, the dangers of wildfire, water use, and other potential problems.
Deschutes County is in the middle of evaluating its destination resort program,
and knows a lot about what is working and not working.
Al Johnson, a developer who has worked on a lot of projects on the Oregon
coast, will also speak. Most of these were done through an exception process.
The purpose of the panel is to get some ideas out on what is working and what
is not. The Chair asked that just several people speak since time is limited.
Commissioner Luke spoke at this time. He said he is not there to say that
Deschutes County needs more resorts, but he wants to be sure that the process is
fair.
Nick Lelack then read his statement (a copy of which is attached).
Mark Hash asked about Pronghorn and their promise to build overnight
facilities as a condition of their permit, and whether they have defaulted on the
bond. This could represent one of the problems they are trying to fix at the
legislative level.
Commissioner Luke stated that because Pronghorn was a new company, they
actually put up the cash, about $7 million. This is a problem with others as
well. The legislation has already made a change in that, along with case law.
Mr. Lelack stated that there have been changes instituted already in this regard.
Commissioner Luke indicated that Tetherow Crossing has provided a plan on
the work to go on in that location. Some of this problem has been solved
already.
Mr. Hash said he hears that this could then be codified. Commissioner Luke
indicated that this is something they are already doing.
At this time, the video conference meeting went to the representatives of Wasco
County.