1995-04662-Minutes for Meeting November 09,1994 Recorded 1/26/199595-04662
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS.
Wednesday, November 9, 1994
Chair Nancy Pope Schlangen called the meeting to order at E16iO3
a.m. Board of County Commissioners in attendance were Nancy Pope
Schlangen and Barry Slaughter. Also in attendance were Rick Isham,
County Counsel; Ralph Delamarter, Librarian; Kevin Harrison,
Planner; Bruce White, Assistant County Counsel; Sue Stoneman,
Public Relations Specialist; George Read, Community Development
Director; and Mike Maier, County Administrator.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) approval of 1994-95 Forest Patrol Contract; 2)
signature of resolution authorizing Mike Maier to approve
weekly accounts payable vouchers the week of November 14,
1994; and 3) signature of Resolution No. 94-109, declaring
intent to transfer real property to the City of Redmond.
SLAUGHTER: I would move approval of consent agenda items.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
2. SIGNATURE OF AGREEMENT FOR ARCHITECTURAL SERVICES BY BARBER
BARRETT & TURNER FOR THE REDMOND LIBRARY PROJECT
Before the Board was signature of an agreement for
architectural services by Barber, Barrett & Turner for the
Redmond Library project.
Rick Isham reported there were some changes that needed to be
made in this contract and requested the Board approve it
subject to review.
SLAUGHTER: I would move signature of architecture
services agreement with Barber, Barrett &
Turner for the Redmond Library project on
review.
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES r'CHEG
SLAUGHTER: YES r to 1995
THROOP: EXCUSED
OF;'ME
f ,0,11995
3. PUBLIC HEARING ON TA -94-20, TEXT AMENDMENTS TO CHAPTER 18.16,
EXCLUSIVE FARM USE ZONES AND AGRICULTURAL LANDS SECTION OF THE
COMPREHENSIVE PLAN
Before the Board was a public hearing on TA -94-20, text
amendments to Chapter 18.16, exclusive farm use zones and
agricultural lands section of the Comprehensive Plan.
Kevin Harrison stated this was related to House Bill 3661. No
new farm dwelling applications had been received since March
1, 1994. When the Board adopted the amended forest zoning
provisions, there was discussion about replacement dwellings.
The poll done of 10 other counties on the size of the
replacement dwellings resulted in the them saying there was no
size limitation on the replacement dwellings. It was the
planning staff's recommendation to not place size limitations
on replacement dwellings.
Chair Schlangen opened the public hearing.
Matt Cyrus, representing Deschutes County Farm Bureau,
testified in opposition of this ordinance.
Parker Johnstone, Vice President of the Oregon Association of
Conservation Districts, testified in opposition of this
ordinance. He requested the Board put this on the back burner
for a while.
Rex Barber testified and asked that the County not adopt this.
He requested the Board adopt something that made sense for
Deschutes County.
Daniel Collins, Central Oregon Board of Realtors, testified in
support of adoption of this ordinance.
George Read stated even if the rules change, nothing could be
adopted for a year.
Kevin Harrison reported ordinances were not ready for
signature. He requested continuation of this public hearing
to a date selected by the Board.
Chair Schlangen stated written testimony will be accepted
until December 2, 1994 at 5:00 p.m. Work Session will be held
on Monday, December 5, 1994, at 10 a.m. The public hearing
will be closed today.
4. PUBLIC HEARING TO CONSIDER THE RIGHT TO FARM ORDINANCE
PROPOSED BY THE DESCHUTES COUNTY FARM BUREAU
Before the Board was a public hearing on the Right to Farm
Ordinance proposed by the Deschutes County Farm Bureau.
MINUTES PAGE 2 NOVEMBER 9, 1994
U138_0j
Kevin Harrison reported Deschutes County Farm Bureau
approached the Planning Department regarding adopting a right
to farm ordinance that recognized accepted farm practices in
EFU Zones contained in House Bill 3661. The Planning
Commission recommended the County not adopt a separate right
to farm ordinance. The Planning Commission felt there should
be a thorough review of existing County ordinances that were
on the books and that the County should make sure they were
consistent with the right to farm provisions contained in
House Bill 3661 as they relate to noise, dust and solid waste.
He stated as an alternative to adopting a separate ordinance,
the County could include some language in the EFU and/or
Forest Zone that would talk about accepted farm practices.
Chair Schlangen opened the public hearing.
Leonard Knott, representing Deschutes County Farm Bureau,
testified in support of a right to farm ordinance. He
reviewed Section 31, House Bill 3661, subsection B with the
Board. He felt a strong right to farm ordinance would be good
for the County resource users and the non -resource users. It
would give resource users a peace of mind that they would not
be prevented from engaging in earning their livelihood. He
felt the right to farm ordinance did not invalidate or take
the place of any existing federal or state law or county
ordinance. He felt they were not charting any new ground as
several other counties throughout Oregon had adopted right to
farm ordinances.
Parker Johnstone, Vice President of the Oregon Association of
Conservation Districts, testified in support of the ordinance.
He stated every person he had talked with was in support of
the right to farm ordinance.
Daniel Collins, Central Oregon Board of Realtors, testified in
support of the ordinance. He felt that having a right to farm
ordinance was consistent with House Bill 3661.
R.L. Freeborn, Chair of Deschutes Soil & Water Conservation
District, testified in support of the ordinance and submitted
written testimony as well.
Matt Cyrus, President of Deschutes County Farm Bureau,
testified in support of the right to farm ordinances.
Curtis Borrell, President of the Central Oregon Llama
Association, testified in support of the ordinance. He
requested the extension of this ordinance to cover some of the
suburban areas.
MINUTES PAGE 3 NOVEMBER 9, 1994
0138-0,230
Bill McCormick testified in support of this ordinance. He
stated he was a land owner in Crook County and Deschutes
County.
Keith Cyrus testified in support of the ordinance.
Parker Johnstone submitted two more letters in support of this
ordinance.
Kevin Harrison stated the proposed ordinance was a "stand
alone" ordinance. The ordinance was not a function of a
zoning ordinance. He did not know how this ordinance would
impact other ordinances.
Bruce White reported that it may be helpful for the Board to
schedule a work session to get input from legal and the
supporters of this ordinance. This would allow the Board to
work through some of the concerns. This ordinance was not a
land use ordinance but it did have some implications for land
use. Bruce White felt there was an issue with non-EFU lands.
Ernest DeCorte testified in support of the ordinance.
Rex Barber testified in support of the ordinance. He
expressed concern regarding being sued for farm practices and
encroachment on the farm lands.
Chair Schlangen stated the written record would be left open
but oral testimony would be closed. A work session was
scheduled for Monday, November 28, at 1:30 p.m. Daniel
Collins, Parker Johnstone, Leonard Knott, & Matt Cyrus would
be welcome to attend the work session.
5. CONTINUED PUBLIC HEARING ON ORDINANCE NO. 94-048, AMENDING
TITLE 2, CHAPTER 2.52, THE DESCHUTES COUNTY PLANNING
COMMISSION RULES
Before the Board was a continued public hearing on Ordinance
No. 94-048, amending Title 2, Chapter 2.52, the Deschutes
County Planning Commission Rules.
George Read reported the rules had not been amended since
1971.
Chair Schlangen opened the public hearing. There being no
testimony, Chair Schlangen closed the public hearing.
SLAUGHTER: First and Second reading of Ordinance No. 94-
056 by title only.
SCHLANGEN: I'll second the motion.
MINUTES PAGE 4 NOVEMBER 9, 1994
6.
7.
VOTE: SCHLANGEN: YES i
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-056.
SLAUGHTER: I move approval.
SCHLANGEN: I second the motion for adoption.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF ORDINANCE NO. 94-054, ADDING SECTION 10.20,
INVENTORY OF IMPOUND VEHICLES
Before the Board was signature of Ordinance No. 94-054, adding
section 10.20, Inventory of Impound Vehicles.
SLAUGHTER: I would move first and second reading of
Ordinance No. 94-054, by title only.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-054, by title only.
SLAUGHTER: I move approval of Ordinance No.94-054.
SCHLANGEN: I second the motion for adoption.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF ORDINANCE NO. 94-055, AMENDING DESCHUTES COUNTY
CODE
Before the Board was signature of Ordinance No. 94-055,
amending Deschutes County Code.
SLAUGHTER: I would move first and second reading of
Ordinance No. 94-055, by title only.
SCHLANGEN: I second the motion.
MINUTES PAGE 5 NOVEMBER 9, 1994
9.
VOTE: SCHLANGEN: YES 0138-09"^
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-055.
SLAUGHTER: I would move adoption.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF KELLY O'NEILL LAND USE DECISION
Before the Board was signature of the Kelly O'Neill land use
decision.
Bruce White reported the decision was ready for signature. He
reported he had heard this issue was going to LUBA.
SLAUGHTER: I would move approval of the Kelly O'Neill
land use decision subject to review.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $268,894.85.
SLAUGHTER: I would move approval on review.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
10. SIGNATURE OF AMENDMENT OF PERSONAL SERVICES CONTRACT WITH THE
OPPORTUNITY FOUNDATION OF CENTRAL OREGON
Before the Board was signature of an amendment of a Personal
Services contract with the Opportunity Foundation of Central
Oregon.
MINUTES PAGE 6 NOVEMBER 9, 1994
0l )8- 1 � .
Rick stated this was a renewal of their contract. ""U3
SLAUGHTER: I move signature on amendment to personal
services contract.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
11. SIGNATURE OF FINAL PLAT FOR PHASES III -E AND III -F AND
DEDICATION DEED FOR METOLIUS DRIVE. ALL WITHIN BROKEN TOP
Before the Board was signature of a final plat for Phases III -
E and III -F and Dedication Deed for Metolius Drive, all within
Broken Top.
Rick Isham reported this was an extremely complicated issue.
This was to approve the dedication deed but not approving the
dedication of the property.
SLAUGHTER: I would move signature of final plat for
Phases III -E and III -F and the dedication deed
for Metolius Drive.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
12. SIGNATURE OF MYLAR FOR WYNDEMERE, PHASE IV
Before the Board was signature of a mylar for Wyndemere, Phase
IV.
SLAUGHTER: I would move signature of mylar.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
13. SIGNATURE OF FINAL PLAT FOR MP -94-22, SUNDANCE INTERNATIONAL
Before the Board was signature of a final plat for MP -94-22,
Sundance International.
SLAUGHTER: I move signature of final plat MP -94-22.
MINUTES PAGE 7 NOVEMBER 9, 1994
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
DATED this _qA day of
Board of Commissioners of �eschute, County,
Nancy
, 1994, by the
euon.
angen, Chai. t,
Tom Throop, Comm' sioner
ATT:
cording Secre ary Barry H. tlaughter, Commissioner
MINUTES PAGE 8 NOVEMBER 9, 1994
