Food cart conflict leads to code change

As part of an effort to deal with the fallout of a controversial planning staff decision allowing food carts at a downtown Sisters business, the Sisters Planning Commission on Thursday night approved changes in development code language requiring that the planning commission be directly informed of all "Type II" administrative decisions.

As with every aspect of the recent food cart decision, the hearing on the code change carried its share of contention.

The language change explicitly requires that staff email all final Type II decisions to the planning commission on the same day the applicant is informed. The planning commission then has the option to "call up" the decision for further review. It was the failure of former city planner Eric Porter to inform the planning commission of the food cart decision last November that sparked a controversy that has occupied the City for the past three months.

Critics argue that another section of code states that three or more members of the planning commission can call up a Type II site-plan review - and that the commissioners can hardly call up a site-plan review decision that they don't know exists. The argument that the code requirement already exists is a key component of the contention that the City should unwind the decision that allows food carts at Eurosports and open a new appeal period.

That is not going to happen. The city council consensus is that the original decision allowing carts at Eurosports will stand. However, the planning commission has agreed to consider policy regulating food carts going forward.

When Ed Protas rose to testify in Thursday's public hearing on the matter, a spat quickly developed between him and planning commission chairman Alan Holzman. The situation was primed for a confrontation; there is bad blood between the two men. Protas has publicly called for Holzman's ouster from the chairmanship and called his integrity into question, stating in his "Sisters Voice" email circular that Holzman should "step down and let someone with integrity and an understanding of how public processes are meant to work take your place. The community does not benefit from your statements and spin to help out a friend (Eurosports owner Brad Boyd)."

From the chair, Holzman evinced little patience with Protas, telling him he had three minutes to complete his testimony. Protas heatedly objected and refused to limit his testimony. The two men then proceeded to argue for several minutes over whether Protas had one more minute to speak. Holzman gaveled Protas out of order and instructed outgoing planning director Pauline Hardie to call the sheriff to remove Protas from the speaker's podium.

At that point, planning commissioner Darryl Tewalt intervened and began a discussion with Protas on the finer points of noticing requirements. It is not standard practice for planning commissioners to engage in a discussion with citizens giving testimony at a public hearing, but Holzman did not gavel the exchange.

Tewalt's intervention ultimately seemed to calm the roiled waters. After considerable back-and-forth, Tewalt noted to Protas that, "we're trying to fix a problem that you brought up."

Roy Dean, serving in his first meeting as a newly appointed planning commissioner, noted that, regardless of interpretation of the previously existing code, the new language makes the point explicit and unambiguously clear: all Type II decisions must go to the planning commission for the option for potential call-up - which is what everybody says they want.

"That's what we need to focus on - whether the objective has been accomplished - and I think it has," he said.

The code now also explicitly requires that "all decisions (Type II and III) approved by the planning commission shall be emailed to City Council members on the date the decision is mail(ed) to the applicant. Two or more members of the City Council may initiate review of a Type II or III decision." (Type III decisions included master plans and major variances and the like).

The hearing marked Pauline Hardie's last planning commission meeting in Sisters as she takes a position in Bend and hands over the reins of the department to new Community Development Director Patrick Davenport. (Click here to see story.)

The code changes will go to the City Council for final approval.