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08/06/1998 - Minutes COMMUNITY HOUSING TASK FORCE MEETING Minutes of Thursday, August 6, 1998 Tigard City Hall MEMBERS PRESENT: Paul Alig, Henry Alvarez III (for Susan Wilson), Renita Gerard (for Sheila Greenlaw-Fink), Sally Parks, and Councilor Ken Scheckla. MEMBERS ABSENT: Sharon Fleming-Barrett, Emily Cedarleaf, Cecilia Maciel and Dedi Streich. ALSO PRESENT: Margaret M. Carley (Oregon Health Care Association), Sally Goodwin (Oregon Alliance of Senior and Health Services), Donald Nyberg (Oregon State Health Division) June Sulffridge (Adult Care Providers of Oregon, Washington County Chapter), Eric McMullen, Tualatin Valley Fire and Rescue, and David Scott, Building Official, City of Tigard. The meeting was convened at approximately 1:15 p.m. I. SELF INTRODUCTIONS: Self introductions were made. 11. APPROVAL OF JULY 9, 1998, MEETING MINUTES The minutes were approved. III. WORK SESSION: A. Discussion of Social Care Facilities. (Staff note: the following is intended to summarize the comments and discussion from the meeting. The summary is not necessarily presented in the order discussed at the meeting, but is organized to facilitate quick review. The audio tapes of the meeting are available for review.) • Staff and Parks began discussion by reviewing the purpose of the meeting. • Margaret Carley, representing the Oregon Health Care Association, addressed the Task Force concerning I and SR occupancies (nursing, assisted living and residential care facilities). Carley indicated that her organization would like to see these facilities excluded from the ordinance. Carley's arguments in support of this position are presented in her submitted written comments, titled "Tigard Municipal Code," attached. Sally Goodwin, representing the Oregon Alliance questioned whether there have been any specific problems in Tigard with respect to these facilities to indicate that the current regulatory scheme was inadequate. Community Housing Task Force Meeting Minutes of July 9, 1998 Page 2 • June Sulffridge, representing the Washington County Chapter of Adult Care Providers of Oregon (Adult Foster Care Homes, R3 occupancies - essentially single-family dwellings), indicated that her organization would like to see these facilities excluded from the ordinance as well. Sulffridge's arguments in support of this position are presented in her submitted written comments, attached. • Don Nyberg (Oregon Health Division) commented that it will be very difficult for a local ordinance to address all of the various types of social care facilities. Each of these types of facilities have unique circumstances which are reflected in licensing rules. It will be very difficult to incorporate all of this in a local ordinance, resulting in conflicting and cumbersome regulation. • Eric McMullen, Tualatin Valley Fire and Rescue, recommended that the Task Force exclude I and SR occupancies from the ordinance. Responding to Task Force questions regarding the adequacy of existing licensing and fire code regulations and enforcement, McMullen indicated that the existing regulatory scheme is adequate and that additional local regulation would be redundant and cumbersome for I and SR occupancies. Responding to a similar question regarding R3 occupancies (Adult Foster Care), McMullen indicated that TVFR cannot inspect these facilities unless invited by the state. • Throughout the discussion, the Task Force posed questions to the Social Care Facility provider representatives. Issues raised included: Q. Do state regulations for these facilities address the exterior condition of the building? A. Yes. Q. What happens if the state realizes they cannot regulate in an area they think should be regulated? A. New rules may be promulgated. Q. What is the "problem" in including these facilities if they most likely will not have violations of Tigard's ordinance (since they comply with generally stricter state requirements) and inclusion provides a safety net just in case there is an issue not addressed at the state level? A. (Carley re: I and SR occupancies): An additional layer of regulation will add costs due to the increased compliance effort (they must be aware of and pro- active regarding the regulations) and increased coordination with other regulations and agencies. These costs do not seem warranted given that Tigard's ordinance does not appear to add value to the existing adequate regulatory scheme. A. (Sulffridge re: R3 occupancies): Similar comments regarding the adequacy of the current regulatory scheme and concern that a complaint based system is Community Housing Task Force Meeting Minutes of July 9, 1998 Page 3 flawed because complaints can be and often are frivolous, resulting in "negative" records in a file for a property for no real reason. • Carley, addressing the issue of direct conflicts between state licensing rules and Tigard's ordinance, suggested that there appear to be two options for addressing this issue: (1) not including licensed facilities and (2) providing and maintaining a long list of detailed exemptions for these facilities within the body of the ordinance. • McMullen commented that short of excluding these facilities, language in the ordinance deferring to state license and fire code requirements (so that Tigard's requirements were not an additional layer) might mitigate some of the concerns. Staff and others expressed concern that this would require Tigard's staff to become enforcers of requirements from other agencies, dictating the need to become articulate in these other requirements. • Staff indicated that the preliminary staff recommendation is to exclude occupancies from the ordinance, because the purpose of housing regulations is not to regulate housing uses, not institutional uses. Staff is ambivalent with respect to SR occupancies because some of these uses can be very similar to "non social care facility" residential uses (although some more resemble institutions). Staff is more ambivalent with respect to R3 occupancies (Adult Foster Care) because these facilities are essentially single-family dwellings. Staff is concerned that Tigard's ordinance would add another layer of regulation and may result in conflicting requirements which would have to be addressed throughout the ordinance (a cumbersome task which could be performed). • It was indicated that the current definition of Social Care Facility will need to be revised to strike "Adult Foster Care." Adult Foster Care by definition is a single-family dwelling and is already included within the existing definition of single-family dwelling (unless explicitly excluded). The Social Care Facility definition is scoped to include those uses with more than three dwelling units. B. Other No other items were considered. IV. MEETING SCHEDULE CONFIRMATION: Staff will send a fax requesting availability for several dates for future meetings. V. ADJOURN The meeting adjourned at approximately 3:15 pm. Respectfully submitted, David Scott, Building Official i:\bldgkfavidlcommhous\minutes\mino8o6.doc