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2005-1139-Minutes for Meeting September 12,2005 Recorded 10/10/2005TES COUNTY OFFICIAL BLANKENSHIP, COUNTY CLERKpS �J SIONERS' JOURNAL 10/10/2005 10:28:00 Joni AM n11■ 111111111IN11.1 1 1 1. M1. 130 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, SEPTEMBER 12, 2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke. Also present were Hillary Saraceno, Commission on Children & Families; Tom Blust, Road Department; Jeanine Young, Health Department; Greg Canfield, Mental Health Department; Marty Wynne and Cheryl Circle, Finance/Tax; Kevin Harrison, Tom Anderson, George Read, Kevin Harrison and Devin Hearing, Community Development; Anna Johnson, Commissioners' Office; media representative Chris Barker of The Bulletin; and approximately ten other citizens. Chair De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Discussion and Consideration of Signature of Order No. 2005-086, Accepting Petition and Setting a Date for a Public Hearing on the Dense Annexation into Cloverdale Rural Fire Protection District. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 1 of 12 Pages 3. Before the Board was Discussion and Consideration of Signature of Order No. 2005-085, Accepting Petition and Setting a Date for a Public Hearing on the Wimberly Annexation into Cloverdale Rural Fire Protection District. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Discussion and Consideration of Signature of Order No. 2005-087, Accepting Petition and Setting a Date for a Public Hearing on the Tweedfam Investments, LLC Annexation into the Deschutes County Rural Fire Protection District. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 5. Before the Board was a Public Hearing of an Appeal of the Hearings Officer's Denial of a Conditional Use Permit for Commercial Activities in Conjunction with Farm Use (Applicant: Rank). The Chair did not have a formal written statement to read to the audience. Laurie Craghead indicated she would assist, and gave a brief overview of the appeal. All issues need to be raised at the hearing or the person may not be able to raise them at the Land Use Board of Appeals; the same applies for the constitutional issues for the applicant. The order of presentation is the staff report, testimony from the applicant, testimony from the opponents, and an opportunity for the applicants to rebut. The Board could choose to leave the record open or continue it, with appropriate time allowed for responses. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 2 of 12 Pages Chair DeWolf asked if any of the Commissioners have had ex parte contact, bias or prejudgment on this issue. Commissioner Luke stated it was discussed briefly at public meetings with Community Development staff. Commissioner Daly said that the applicant is an acquaintance of his through previous work experience, and he has spoken with him at group meetings. This issue was discussed briefly long ago when the applicant was first developing his plans. Commissioner Daly added that he has no bias, prejudgment or personal interest in this issue. Chair DeWolf noted that he has had no ex parte contact, and has no bias or prejudgment or personal interest. No challenges were offered from the audience. Devin Hearing gave an overview of the item and the property, and read Paul Blikstad's letter and staff report. The request specifically is to sell hay and goal feed from the property. The Hearings Officer denied the application. Commissioner Luke noted that her decision was partly based on the idea that there is no irrigation. He asked if this is a requirement for a farm use. Mr. Hearing replied this is not a requirement, and the Hearings Officer agreed that goats grazing on the property constitutes a farm use. Ken Brinich, an attorney representing the applicant, thanked the Board for hearing this appeal de novo. He added that if more time was needed for a decision, his client is agreeable. His client has owned the property for just a few years. He planed hay this year but there wasn't much to show in April when the original decision was made. He said he will show what has developed over the summer. He stated the request is for a conditional use permit for hay sales and livestock feed sales. His client would like to go beyond just goat feed to include livestock feed. His client has been actively involved in raising hay for many years, and this land would be a component of the other hay operations conducted in Deschutes County and Harney County. He needed a building permit for a hay storage building and was told he needed to submit a landscape management plan due to the proximity of the property to the highway. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 3 of 12 Pages He concluded that process and felt it was appropriate to begin operations. Once he started selling hay from the new building he was contacted by code enforcement and told that the property was not zoned for commercial sales. He thought he had already taken care of that, and didn't know that the hay building couldn't be used for selling hay. The situation became adversarial, and he was cited into court on a land use application. Growing some of the product on the property and selling it is allowed by a conditional use permit, in conjunction with farm use. He said that it doesn't have irrigation, so the natural resource is unirrigated land. It is not suitable for full-time farming, but perhaps one dry land crop in the spring. It is not suitable for intense development. The use proposed serves agricultural uses, and agricultural land stays in agricultural use; it also supports agricultural business development in the County. Therefore, the conclusion is that it generally serves the purposes of agricultural land. Commercial activities in conjunction with agriculture is an authorized use. The client is growing hay and raising goats, which are both typical farm uses. Commercial activity tied to farm use is the storage or marketing of the product for Deschutes County or an adjacent county. Mr. Brinich provided an oversized photo board to Mr. Hearing, for the record. He explained that Mr. Rank owns or shares other properties where hay is raised. All of the properties are in Deschutes County except one that is located in Harney County. The Hearings Officer was concerned regarding the definition of the definition of farm use, and whether there was enough produced to constitute a farm use. The Hearings Office apparently looked at the primary purpose was to whether it makes a profit. The owner didn't specific a certain piece of land since he owns others. The primary purpose is to obtain a profit. He can make some money, although not a lot, through the overall plan. He then showed photos of the property and how the property is being used. There is a half -acre of irrigation on the property that is used for greenhouse purposes. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 4 of 12 Pages The difficulty is how to tell when something is done for profit. In the EFU section of the Code, the amount of sales over several years are considered. This is not detailed as clearly in the MUA section; it must be associated with farm use, with the primary motive being profit. Commissioner Luke asked if there is farm deferral on MUA or EFU. Mr. Harrison replied that in the EFU zone it is a qualifying farm use with automatic farm deferral. Outside the EFU zone, the owner can apply and show receipts. A certain amount per acre needs to be shown. Mr. Brinich stated there is an objective criteria and a standard. When using the land for farming, the purpose is to make money. Opponents have to disprove this. He added that he doesn't understand why this kind of use would not be embraced, as it is a good service to buyers, providing appropriate access, and it is a good farm business to have in the area. He feels it meets all of the criteria. A general discussion then took place regarding the photographs that were submitted. Commissioner Luke said it was suggested that if sales area allowed, if the property is sold later it would be difficult to restrict its use. Ms. Craghead stated she would have to look at the Code criteria. The applicant could agree that it should be associated with that particular farm use. Other minor uses in conjunction with farm use could be allowed. Commissioner Luke asked if this would be setting precedence. Mr. Hearing stated that he doesn't believe the Hearings Officer's denial was based on expanding this operation, just the establishment of a farm use. Commissioner Luke noted that if the hay crop had been in, the Hearings Officer might have made a different decision. Dry land crops have been grown in this area for many years. Chris Hartley, a neighbor on SW Quarry, testified. She said that ordinarily she wouldn't take such a personal interest since growing hay is consistent with other uses. She said the operation adversely affects her own property, because the proximity of the buildings are damaging to her property. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 5 of 12 Pages She stated she is interested in clarity as to the income standard. It has been made clear that the applicant's argument is not that there is financial productivity to this property; he is growing hay in other areas and applying this on a retail sales basis. If the land shows no profit, there is no profitability standard. Chair DeWolf asked if she is not necessarily in opposition, is she wanting clarity on how she can use her own property. Ms. Hartley said that she prefers the buildings not be sited so close to her home. If the Board approves this, the record should be made clear as to what basis is being applied regarding the income requirements for this particular piece of property. Commissioner Luke stated the findings quote Ms. Hartley regarding the hay storage building; was it already there. Ms. Hartley replied that the Code was modified to allow for a future farmer to apply for buildings to precede the development of the land. The applicant built the structure based on the proposed use, a storage building. The County required the building to go back away from the highway. Mitigation should have been addressed. There are trees in the back, cattle in the front, and the property behind it is an active nursery. Commissioner Luke noted that there isn't much that can be done about the buildings at this point. Chair DeWolf asked for further comments; none were offered. No one indicated the hearing should be continued. Chair DeWolf then closed the public hearing. Commissioner Luke explained that is has been demonstrated that hay can be raised on the property. He said he is surprised the Hearings Officer didn't realize this was possible, since it has been done for many years. He said he has no problem overturning the Hearings Officer's denial. Commissioner Daly stated that he is familiar with the land, as he drives by it all the time. He has watched crops grow and be baled. Clearly rye hay is an approved dry land crop and an approved farm use. He indicated he feels the same way. If information had been available to the Hearings Officer, her decision might have been different. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 6 of 12 Pages Ms. Craghead said that income criteria will be included in the findings document. She will assist with the clarification portion as much as possible. The Board indicated that the findings document is to be drafted by the claimant's attorney for County Legal review. The applicant's attorney indicated the time frame could be extended until October 15. LC: a couple more weeks would be good to allow for the drafting of document. Findings to be drafted by claimant's attorney for legal review. LUKE: Move approval of the application for a conditional use permit in this case. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. The findings will be represented to the Board for review and consideration of approval within the next month. 6. Before the Board was Discussion and Consideration of Signature of Document No. 2005-344, Amendment #1 to the 2005-2007 Intergovernmental Agreement with Oregon Commission on Children & Families regarding Commission on Children & Families Biennial Award. DALY: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 7. Before the Board was Discussion and Consideration of Signature of Document No. 2005-339, Amendment #9 to the 2004-2005 Financial Assistance Contract with the State Department of Human Services regarding Health Services (WIC Program). LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 7 of 12 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board was Discussion and Consideration of Signature of Document No. 2005-340, Amendment #10 to the 2004-2005 Financial Assistance Contract with the State Department of Human Services regarding Health Services. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 9. Before the Board was Discussion and Consideration of Signature of Document No. 2005-341, Revision 1 of the Intergovernmental Agreement with Department of Human Services and the Health Department regarding Health Department Self -Sufficiency Program. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Discussion and Consideration of Signature of Document No. 2005-342, Addendum to the Intergovernmental Agreement with COCC (Central Oregon Community College) and the Health Department regarding Health Department Student Health. This only changes the days and hours to be offered. LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 8 of 12 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 11. Before the Board was Discussion and Consideration of Signature of Document No. 2005-334, an Amendment #51 to the Financial Assistance Contract between Department of Human Services regarding Mental Health Services. Greg Canfield explained that this is a retroactive award $350,000 for various services, including bringing staff back to full-time status. The funds are being pulled from Eastern Oregon psychiatric services so Central Oregon has more control over its funds. Another amendment is anticipated for 2005-07 in the amount of $450,000 that is not reflected in the initial contract. Commissioner Daly observed that this funding covers beds that Central Oregon had to buy but was unable to use. The funding is received by Deschutes County but distributed to the other two regional counties as appropriate. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 12. Before the Board was Discussion and Consideration of Signature of Resolution No. 2005-094, Initiating the Vacation of the Plat of Harper. Tom Blust gave an overview of the item, which involves the 1910 Harper townsite, located just south of Sunriver Business Park. Sunriver Resort wishes to develop the area, and its conceptual master plan has been approved; this vacation is a requirement. Commissioner Luke emphasized that it is not in the public interest to give away the entire right of way in the area. Eventually South Century Drive will experience traffic problems, and there needs to be right of way reserved for a future road. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 9 of 12 Pages Laurie Craghead explained that testimony on the public interest in the area can be addressed at the hearing. This item will be addressed further at 1:30 p.m. this day at the Administrative Liaison meeting. 13. Before the Board was Discussion and Consideration of Signature of Order No. 2005-082, Accepting and Approving the County Road Official's Report and Setting a Date for a Public Hearing for the Vacation of the Plat of Harper. This item will be addressed further at 1:30 p.m. this day at the Administrative Liaison meeting. 14. Before the Board was Discussion and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005-042, Amending Chapter 4.08.150 of the Deschutes County Code regarding Transient Room Tax. Marty Wynne explained that this amendment incorporates all of the changes discussed over the past couple of years, including options regarding payment. LUKE: Move first and second readings of Ordinance No. 2005-042, by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first and second readings by title only, declaring an emergency. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 10 of 12 Pages 15. Before the Board was Discussion and Consideration of Signature of Order No. 2005-089, the Monthly Cash Transfer Order. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 16. Before the Board was Discussion and Consideration of Signature of Resolution No. 2005-111, Transferring Appropriations within the Deschutes County Adult Parole & Probation Fund. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 17. Before the Board was Discussion and Consideration of Signature of Resolution No. 2005-112, Transferring Appropriations within the Deschutes County Sheriffs Office Fund. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 18. Before the Board were Additions to the Agenda. None were offered. Since all agenda items were addressed at this meeting, the Board decided there will be no regular Board meeting held on Wednesday, September 14. Vouchers from this week will be approved at the next regular Board meeting. Minutes of Board of Commissioners' Meeting Monday, September 12, 2005 Page 11 of 12 Pages Being no further items brought before the Board, Chair DeWolf adjourned the meeting at 11:45 a.m. DATED this 12th Day of September 2005 for the Deschutes County Board of Commissioners. Tom DeWolf, 064 ATTEST: Recording Secretary Minutes of Board of Commissioners' Meeting Page 12 of 12 Pages is el . Daly, Commis§ioner Dennis R. Luke, ommissioner Monday, September 12, 2005