2007-1501-Minutes for Meeting July 30,2007 Recorded 9/11/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKOS Q 2007'I501
COMMISSIONERS' JOURNAL 09/11/2007 04;15;58 PM'
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2007-1501
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CLIP 2A
C] { Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ore
MINUTES OF BOARD MEETING
DESC1 UTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 309 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; Mark Pilliod and Laurie
Craghead, Legal Counsel; Tom Anderson, Kristen Maze, Will Groves, Paul
Blikstad and Kevin Harrison, Community Development; Tom Blust, George Kolb
and Roger Olson, Road Department; media representatives Jeff Mullins of KBND
Radio and Chris Stollar of The Bulletin; and nine other citizens.
Chair Daly opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Presentation and Update on United Way Funded
Programs.
Terri Rahmsdorff, President, and Ken Wilhelm, Executive Director, and another
representative of United Way gave an update of programs being handled
through United Way, and a breakdown of where the funding is allocated. (A
copy of his report is attached.)
Commissioner Luke asked how much is allocated to overhead. Mr. Wilhelm
replied that 80% goes to services, 1% goes to the United Way of the United
States, and the balance is for operations.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 1 of 11 Pages
3. Before the Board was Consideration of Signature of Document No. 2007-
292, an Intergovernmental Agreement with the Oregon Department of
Agriculture regarding Weed Free Forage.
Roger Olson said that this agreement allows Dan Sherwin to do inspections for
the State.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2007-
412, an Intergovernmental Agreement with Howell's Hilltop Acres Special
Road District for Chip Sealing.
Roger Olson stated that there are few private companies that chip seal, but the
Road District is free to contract with whomever they want.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Chair Signature of Document No.
2007-413, a Notice of Intent to Award Contract Letter for the Construction
of Pumice Butte Local Improvement District.
George Kolb gave an overview of the item. The bidder had not attached the
addendum, but the bid was much less than the others. The second lower bidder
has been contacted and it appears there will not be an appeal at this point.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 2 of 11 Pages
6. Before the Board was Consideration of Signature of Document No. 2007-
414, an Acceptance of a Deed of Dedication from the Sunriver Owners
Association for the Installation of a Roundabout at the Intersection of
Abbot Drive and South Century Drive.
George Kolb said this is the last right of way needed for this project.
Commissioner Luke stated that the police and fire from Sunriver indicated some
concerns about the roundabout but will advise if there are any issues.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Discussion of a Noise Permit Condition of Approval
(Applicant: Bend Airport).
Kristen Maze said the City had questions about condition #4. An issue has
come up regarding jack hammering noise after 5:00 p.m. inside the runway
safety zone. Representatives of the airport have spoken with neighbors who are
willing to allow them go until 10:00 p.m.
Laurie Craghead said that what is not specifically allowed is prohibited. There
was no mention of jack hammering in the existing document. A new public
hearing would be necessary if the Board wants to change the document.
Commissioner Baney asked if there is a way to shut down the runway for a
period of time so that all of this type of work can be done at one time. If the
condition is left as it is, they would have to shut down the runway to finish
hammering.
Chair Daly asked John Russell of the City of Bend and the oversight engineer
for the project if it is possible to work around this. Terry Kessler of Evans &
Associates, consultant, replied that to get operational by October 25, it could
take six weeks of solid work. Commissioner Daly said that shutting down the
airport would affect hundreds of employees. John Russell said the rock
hammering was done all night within the runway area. They spoke with six
neighbors and offered motel rooms to them.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 3 of 11 Pages
Ms. Craghead stated there was no mention of work inside the runway area in
this regard. Commissioner Baney said that she didn't want to allow rock
crushing, hammering, etc. after 10:00 p.m., but evidently this was outside the
runway area. Ms. Craghead stated that under Code the hours are until 10:00
p.m. inside the runway area.
Commissioner Daly noted that he thought this was contrary to what the Board
was thinking. He was open to allowing it anywhere until 10:00 p.m.
Commissioner Luke added that under current Code, that is what they can do
now. Ms. Maze said that the conditions the County is considering are more
restrictive. Ms. Craghead stated that the Board allows work all night long
except the noisy work. There is no prohibition for work inside the runway area
until 10:00 p.m. Commissioner Daly observed that he doesn't see a problem in
either location until 10:00 p.m. but no later.
Ms. Maze said the applicant is asking for an interpretation about operating until
10:00 p.m. in both locations. City staff feels that was not the intent.
Commissioner Baney stated that they can work on the runway when it is closed,
and do whatever is necessary up until 10:00 p.m.
Terry Kessel said that because of the hammering last night, Knife River, the
contractor, felt that because they are inside the runway zone, condition 1 allows
work all night and thought it was okay. The amount of hammering left in the
project is two to three nights due to extremely hard rock. A few more areas at
the south end might need to be hammered or trenched; these will be within the
runway zone. If they have to wait until 7 p.m. to start and can only work until
10 p.m., it will greatly extend the work time frame.
Commissioner Luke noted that the City restricted it to start at 7:00 p.m., but
they could start earlier.
Mr. Kessel said he talked with seven citizens about motel rooms and three are
considering it. Commissioner Baney stated that perhaps they should offer two
or three nights to make it easier on the families, and just get the work done.
John Russell said that this is an interesting idea and he may pursue it.
Commissioner Baney asked about closing the airport altogether and getting the
work done all at once. It is probably difficult to try to work on this for just
three hours a night. Mr. Russell said he would look at this idea. The 7:00 p.m.
to 10:00 p.m. time frame is difficult but will be discussed.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 4 of 11 Pages
Commissioner Daly noted that by the time they are able to have another public
hearing, the work could be done.
Ms. Craghead said that she is interpreting that the jack hammering be restricted
until 10:00 p.m. in all areas, and that other construction that does not generate
loud noise be allowed anytime. Per Code, hammering is allowed from 8:00
a.m. to 5:00 p.m. inside the runway zone, and 7:00 p.m. to 10:00 p.m. outside
the runway zone.
BANEY: Move approval of this clarification.
DALY: Second.
VOTE: BANEY: Yes.
LUKE: Abstain.
DALY: Chair votes yes
8. Before the Board was Consideration of a Decision regarding an Appeal of a
Proposed Zone Change from F-1 to F-2 for Property Located near
Vandevert Road (Applicant: Pine Forest Development, LLC).
Kevin Harrison gave an overview of the item, which was originally considered
by the Board on July 11.
BANEY:
Although there has been a lot of controversy about the eventual use of the
property, I have no difficulty separating that out. The next step is challenging
and has a lot of components to meet. My decision is based on the merits of the
package itself and not on what might be down the road. I feel that the
characteristics of this have been met and think a destination resort is not the
question at hand.
LUKE:
Karen (Green) did an excellent job, and I agree with her interpretation.
Commissioner Daly read his written statement. (A copy is attached.)
Ms. Craghead asked if there were any changes in the findings or if the Board
agreed in total with the Hearings Officer. Commissioner Baney said that the
only question she had was about the traffic analysis, but doesn't think anything
needs to be added. The Hearings Officer's findings were complete.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 5 of 11 Pages
LUKE: Move support the HO Decision to change the zoning from F-1 o F-2,
with the attorney for the applicant to draft preliminary findings for
Legal Counsel to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Denial of a Subdivision Plat (Applicant: Chase).
Paul Blikstad said that a work session was requested by the Board on this issue.
The applicant has waived the time condition. The subdivision would be for 11
lots in the middle of Eagle Crest. Staff recommends that the Board hear the
appeal. The Hearings Officer denied approval based on the 1990 map adopted
in 1970. The property is considered agricultural and prohibits this type of
development. It is in the County's interest for the Board to address this policy.
The applicant is asking for a de novo hearing to clarify whether the Code allows
this.
Mr. Blikstad stated that they may be able to hook up to Eagle Crest water and
sewer. Goal 11 is an issue in this process. They can only have two lots total
under current Code. Commissioner Luke expressed concern about the public
facilities issue.
Commissioner Luke said that he would prefer it goes to the State first. Ms.
Craghead said Goal 11 is a side issue, but staff feels there is an interpretation
that needs to be made regarding County Code.
Commissioner Daly asked if it is zoned for destination resort use. Ms.
Craghead said it is not, although it is in the middle of Eagle Crest.
Commissioner Baney said she feels it is part of the Board's job to hear this.
Commissioner Daly agreed.
Commissioner Baney asked if the ballot measure in November would change
this. Mr. Blikstad stated staff feels it should be heard to set policy and
considered potential ramifications.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 6 of 11 Pages
Mark Pilliod said that the House Bill has some retroactivity based on the
legislative calendar. If it passes, could influence language in the waivers.
Those claimants that have already obtained waivers must have more than a
permit; they need to have begun construction and show that they are proceeding
in good faith. He added that others may not agree with his interpretation,
though.
Commissioner Baney asked if the Board should wait to hear this.
Commissioner Luke said that it is hard to guess what the voters will do, and the
Board might as well proceed on cases like this.
LUKE: Move that the Board hear this appeal de novo.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes
10. Before the Board was Consideration of Signature of Order No. 2007-109, a
Measure 37 Claim (Claimant: Cyrus).
Mark Pilliod said that this claim was heard last week. Prior to the hearing, the
claimants submitted an unrecorded copy of a land sale contract pertaining to
one of the tax lots involved; this changes the date of acquisition on one of the
parcels. It also described the parcel separately, but it can now be included in
Group B. The Order has been shared with the claimant's attorney. Staff
recommends that the Order be approved.
LUKE: Move approval of Order No. 2007-109.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes
11. Before the Board was Discussion regarding a Proposed Amendment to
Title 18 of County Code relating to Home Occupations.
Kristen Maze explained that the 2004 Ordinance was adopted with the thought
that there could be changes to it in the future. Several issues have arisen.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 7 of 11 Pages
(She then referred to a document.) Additional text changes were requested by
the public in regard to handicapped, and a request regarding hosting events such
as family reunions, weddings, etc. This is staff-driven and not applicant driven.
Frank Pennock of Deschutes River Woods has been very involved with this
process as a citizen. His concern is that the County enforce against commercial
businesses that don't comply.
Two public hearings have been held before the Planning Commission, and a
hearing would be held before the Board.
She said that they don't have to go through site approval. This is a very
confusing issue. Ms. Craghead added that not all issues are addressed and this
has led to some confusion in its interpretation. For instance, on site advertising
is limited but they don't want to exclude a business where they park a vehicle
with the business name on it. All of the impacts need to be considered.
Dave Kanner asked if the intent was to prohibit ongoing noise but not noise
generated by starting up a vehicle. Ms. Craghead said that was the intent.
There was some testimony against it, but the Board's intent was to allow it
under a conditional use permit. Mr. Kanner observed that someone could have
a noisy vehicle in a regular neighborhood. Perhaps reference should be made to
ongoing or continuous noise or vibration.
Ms. Maze said that the Planning Commission had hearings, and most concerns
were probably already addressed. They left it open for a month and there was
little input during that time.
BANEY: Move approval of the consent agenda.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Consent Agenda Items
12. Signature of Resolution No. 2007-115, Approving the Deschutes County Rural
Fire Protection District #2's Adoption of Ordinance No. 07-01, Oregon Fire Code
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 8 of 11 Pages
13. Approval of a Letter Appointing Dan Peddycord to the Local Public Safety
Coordinating Council (LPSCC)
14. Approval of Economic Development Grant Requests.
• Humane Society of Redmond - Training Center - will address at PM meeting.
• Deschutes County Historical Society - Flex Fund - $2,500 each from
Commissioners Baney and Luke, $5,000 from Commissioner Daly.
15. Approval of Minutes of Board Meetings:
• Work Sessions: July 11 and July 23
• Special Meeting: Public Hearing of March 27, 2007 regarding Local Rule
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $4,870.43.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$3,594.00.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 9 of 11 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $2,976,368.36.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes
19. ADDITIONS TO THE AGENDA
Commissioner Baney noted that on June 27 the Board adopted a tipping fee
increase, and then set it to begin on September 1. She asked that it be put in
abeyance until January 1, 2008, as it appears that the City of Redmond is
concerned about this issue, which was addressed in an agreement with the
County previously.
Commissioner Luke said that $250,000 is involved. The City of Redmond
doesn't ask the County to approve any fee they want implemented. The idea of
the agreement was flow control. The City of Bend didn't ask for an agreement.
Some Redmond councilors wanted control over the tipping fee, but is not their
call. The only mistake was that the agreement was forgotten so notice wasn't
given. But the funds are budgeted now. They haven't asked for this change.
Commissioner Daly said he spoke with some of the Councilors and they want to
hold the County to the agreement but might be flexible on the date.
BANEY: Move that the increase be delayed until January 1, 2008.
DALY: Second, unless Redmond comes back and says they will let it start
sooner.
Commissioner Luke pointed out that the reason was to allow the garbage
companies some time to inform their customers. Perhaps it is best to wait until
Redmond decides.
Commissioner Baney said that they should ask for a formal decision of the
Council. She wants to keep a good working relationship.
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 10 of 11 Pages
Commissioner Luke noted that would be fine if the City was clean in that
regard. However, they bought a piece of property from the County that they
were supposed to keep the County informed about and they haven't. There are
other instances as well. To give up that kind of money that is earmarked for
transportation makes no sense. A city government should not ask for this. The
County has been very supportive of the City's reroute and couplet efforts.
Commissioner Daly said that a violation doesn't nullify the agreement anyway.
Mr. Kanner agreed that it is not grounds for termination. Commissioner Daly
said that they have had ample opportunity to let the haulers know, but might
come back to the County with a date that works better for them.
BANEY: I rescind my previous motion, but request that we ask them for a
specific date.
LUKE: It was to be sixty days, putting it at October 1.
DALY: I will ask them what they are thinking.
BANEY: I'd like to see us get some kind of formal action from the Council.
Being no further items to come before the Board, Commissioner Daly
adjourned the meeting at 12:05 p.m.
DATED this 30th Day of July 2007 for the Deschutes County Board of
Commissioners.
M chael M. Daly, Cha'
Dennis R. Luke, Vice Chair
ATTEST:
6WAA.
Recording Secretary
Tammy aney, Com ssioner
Minutes of Board of Commissioners' Business Meeting Monday, July 30, 2007
Page 11 of 11 Pages
United Way of Deschutes County
Connecting Caring People to Improve Lives and Shape a Better Community.
Celebrate the caring.
Buoyed by the generous giving of employees, corporations and individuals, the annual fundraising
campaign for the United Way of Deschutes County surpassed previous goals for a total of $1,460,196
raised. This money will have a tangible impact on our community's most critical social issues with more
than $700,000 in allocations and grants going to the United Way's 23 partner agencies and $384,000 in
contributions earmarked by donors for additional agency support.
The United Way's 35-member Allocations Committee awarded the greatest increases to programs that
provide food and housing; and services to victims of child abuse and their families.
Where the money goes.
Safe from Violence Basic Needs
18% 20%
Administration
13% Youth on Track
Fundraisirg 18%
7% Non-rnember donor
designations Great Start
18% 8%
Bottom-line results.
During 2006, Neighborimpact distributed 1,246,000 pounds of food-a 15% increase-to local food
pantries that helped feed more than 22,000 people.
The agency also provided emergency assistance to 2,828 households with rental vouchers or utility
assistance.
The KIDS Center provided medical evaluations for alleged abuse to 301 Deschutes County children last
year-an increase of 19%-and provided therapy for 179.
175 youth had a better, safer place to live, which enabled them to attend school or find a job. And 215
street youth were helped with basic needs such as food, clothing and hygiene products.
It's your community.
The Deschutes County employee campaign, with its 27 different departments, put forth a tremendous
effort and contributed nearly $23,000-an-amount that can provide additional programming for the youth
shelter, or pay for services to reduce the waiting time for medical evaluations for abused children. You
can be proud of how much your effort brings positive change to the community. Deschutes County sets
an example of caring with your gifts and time spent on helping effect change.
Doing our part.
During 2007, we introduced the Corporate Cornerstone Program, which will allow corporations,
foundations and small businesses to direct their annual gift toward underwriting the United Way's
operating costs. With help and enthusiasm from our corporate leaders we are one-third of the way there.
Once fully accomplished, 100% of contributions will go directly to the programs that help
change lives in Deschutes County. Meanwhile the percent of fund-raising dollars
allocated to administrative costs will decrease with each new Corporate Cornerstone Gift.
ComjnunityAnpoct
United Ways Community Impact priorities help focus the efforts of our community. The priority areas have been set, based on community
needs, by a diverse group of people who are dedicated to making a difference in people's lives.
Our goal is to direct community energy and resources to areas where they will get the greatest results.
Local Statistics
§ 30% of those identified as homeless had at least one household member who was employed
§ 40% of emergency food recipients are children
§ Elder abuse cases in Deschutes County have increased 42°x6 since 2001
§ One of ten women in Oregon experience physical abuse in the home
Our Impact in Deschutes County
Safe from Abuse and Violence
Keeping families safe, protecting our most vulnerable citizens, reducing isolation and providing resources for victims.
CASA of Central Oregon
C.O. Battering & Rape Alliance (COBRA)
HospiceCenter Bend-LaPine
Hospice of Redmond, Sisters
Interfaith Volunteer Caregivers
Kids Intervention & Diagnostic Service (KIDS) Center
United Senior Citizens of Bend
271 abused children received a voice in court
4,187 women and children protected from violence
450 clients/families comforted after a loss
591 patients/families participated in Hospice programs
562 seniors & those with disabilities received help from volunteers
291 youth evaluated for suspected child abuse
5,970 senior citizens participated in activities, preventing isolation
Basic Needs
Feeding the hungry and housing the homeless, increasing self-sufficiency and finding access to jobs, housing
& treatment.
C.O. Resources Independent Living (CORIL)
C.O. Council on Aging (Meals on Wheels)
Friends in Service to Humanity (FISH)
Latino Community Association
Neighborlmpact (Food Bank)
Neighborlmpact (Bend Emergency Services)
Red Cross, Oregon Mt River Chapter
Salvation Army, Deschutes County Chapter
1,708 people with disabilities became independent
537 seniors in need were delivered meals
1,095 people received emergency food boxes
595 Latinos were helped to find resources to meet basic needs
21,889 people received food for families
389 people received housing & utility assistance
560 victims of disasters aided. 7,671 youth received training
4,613 people received food from the pantry
Youth on Track
Teaching youth the skills they need to make smart choices, and become responsible caring members of our
community.
Boy Scouts, Fremont District 1,172 boys developed leadership skills
Boys & Girls Clubs of Central Oregon 10,582 kids have a positive place to grow
Camp Fire USA 2,562 boys & girls developed responsibility skills
Cascade Youth and Family Center-The Loft 151 homeless and runaway youth received emergency shelter
Girl Scouts, Central Oregon Service Center 881 girls learned character & leadership skills
Great Start
Reducing the number of babies born with low birth weight, promoting healthy development and identifying delays in
children.
Family Resource Center 735 parents participated in classes. 2,405 helpline calls received.
Grandma's House 8 pregnant/parenting teens received shelter. 388 received support
Healthy Beginnings 324 children received free developmental screenings
Healthy Start 307 low-income women received prenatal health care
• w
Connecting caring people to improve lives and shape a better community! ~o ~ County
News Release
FOR RELEASE: JULY 31, 2007
Contact: Ken Wilhelm, (541) 389-6507
ken deschutesunitedway.org
United Way
of Deschutes County
United Way Funding Targets Basic Needs - Food, Shelter & Safety
BEND, OR (July 31, 2007) -The United Way of Deschutes County announced today an 8% increase
in funding commitments for 2007/8. The $1,084,000 package-the largest ever for Deschutes
County-includes more than $700,000 in allocations and grants for the United Way's 23 partner
agencies and $384,000 in contributions earmarked by donors.
In response to the relentless increase in human service needs in Deschutes County, the United
Way's 35-member Allocations Committee awarded the greatest increases to programs that provide
food, housing; and services to victims of child abuse and their families.
Neighborlmpact will receive $91,242 for emergency services and the regional foodbank program.
The KIDS Center, a child advocacy agency that provides assessment, treatment and prevention
programs that address child abuse and neglect, will receive a total of $78,454.
"The United Way of Deschutes County may 'give' the funds to agencies," stated Allocations
Committee Chairman Mike Stanley of Selco Credit Union. "Yet in reality, the agencies 'earn' their
allocations by delivering programs that meet important unmet needs and change lives in the
community."
Last year, Neighborlmpact distributed 1,246,000 pounds of food-a 15% increase-to local food
pantries that helped feed more than 22,000 people. The agency also provided emergency assistance
to 2,828 households with rental vouchers or utility assistance.
The KIDS Center provided medical evaluations for alleged abuse to 301 Deschutes County children
last year-an increase of 19%-and provided therapy for 179. The United Way funding should help
to lessen the time span between referral and first appointment, which occasionally took as long as
three weeks during 2006-well above the normal 10-day period.
A brief overview of the full fund disposition plan follows.
About the United Way of Deschutes County
The United Way of Deschutes County was established in 1953 and remains committed to supporting the community
through the allocation of dollars devoted to local agencies and essential service programs. With the help of corporate,
employee and individual donations, the United Way impacts one in four lives through programs that focus on our most
urgent human social service needs: helping kids get a great start in life, keeping youth on track for success, meeting basic
needs of individuals and families, and keeping children and families safe from violence and abuse. For more information
about The United Way of Deschutes County call (541) 389-6507 or visit www.deschutesunitedway.org.
July 30, 2007
DECISION OF PROPOSED ZONE CHANGE FROM F-1 TO F-2
Applicant - Pine Forest Development
SUNIMARY:
This application hinges on whether or not the property is impacted or
unimpacted as spelled out in Deschutes County's Comprehensive Plan,
Section 23.92.030.
As the hearings officer stated in her decision, "Its large size, lack of non-
forest development and proximity to F-1 zoned land within the Deschutes
National Forest are typical of unimpacted forest land."
However when you look at a map of the area, it is clear that it's proximity to
extensive residential and other non forest development leads this
Commissioner to believe it is very much impacted by other non forest uses.
There is a railroad track on the east side that cuts it off from other Forest
service lands. Residential Development adjoins the property on the west and
Commercial development adjoins it on the north. Vandervert road, a major
collector cuts through the property on the South. The US Forest service
made the decision that it was no longer a property they could manage as
Forest use which prompted them to put it on the market for Sale.
THEREFORE: I will have to agree with the hearings officer's decision on
this matter and approve the zone change from F-1 to F-2.
Michael M. Daly
Deschutes County Commissioner.
~JTEa
wale
o { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 30, 2007
Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave any fields
incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the
Wednesday prior to the meeting to be included on the agenda.
DATE: July 25, 2007
TO: Deschutes County Board of Commissioners
FROM: Kristen Maze, Community Development Department
TITLE OF AGENDA ITEM:
Noise permit condition of approval interpretation by the Board of County Commissioners.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners conducted a public hearing on July 2, 2007 for a Noise Permit for
the Bend Muncipal Airport, to operate construction equipment to replace the existing runway between
the hours of 7:00 p.m. and 7:00 a.m. The permit was approved by a 2 to 1 vote in favor of the Bend
Muncipal Airport. There are five conditions of approval outline in the Noise Permit The City is
currently questioning the interpretation of condition #4. When outside the runway area pneumatic
hammering and excavating shall take place during daytime hours of 8:00 am and 5:00 pm. The airport
would like to drill, blast and use pnematic hammers within the runway safety area after 5:00 p.m. until
10:00 p.m.and therefore would like the Board's interpreation of this condition of approval.
FISCAL IMPLICATIONS:
NONE.
RECOMMENDATION & ACTION REOUESTED:
N/A
ATTENDANCE: Kristen Maze, CDD
DISTRIBUTION OF DOCUMENTS:
Kristen Maze
` E
Community Development Department
{
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Memorandum
TO:
FROM:
DATE:
SUBJECT:
Deschutes County Board of County Commissioners
Kristen Maze, Assistant Planner
July 26, 2007
Interpretation of Condition #4 Bend Airport Noise Permit, SOP-07-01
The Deschutes County Board of County Commissioners held a public hearing to consider a
proposal by the Bend Municipal Airport for a Noise Permit. The permit is required by the
Deschutes County Chapter 8.08 Noise Control, for construction to replace the existing runway
between the hours of 7:00 p.m. and 7:00 a.m. The permit was approved by a 2 to 1 vote in favor
of the Bend Municipal Airport. There are five conditions of approval outline in the Noise Permit.
The City Bend Municipal Airport Staff is currently questioning the interpretation of condition
number 4. When outside the runway area pneumatic hammering and excavating shall take
place during daytime hours of 8:00 am and 5:00 pm. The airport would like to drill, blast and use
pneumatic hammers within the runway safety area after 5:00 p.m. until 10:00 p.m. and
therefore, would like the Board's interpretation of this condition of approval.
The City of Bend Municipal Airport staff is questioning the wording "outside the runway area".
They currently have work that is required inside the "runway safe zone area" that includes the
runway and approximately 25 feet from the runway. According to the City of Bend staff if they
are not given the permission to operate the pneumatic hammers after 5:00 p.m. as condition 4
states they will need to shut the runway down during daytime hours. Therefore they are asking
for the Board of County Commissioners to make a clear interpretation of condition number 4
and their intent of this noise permit.
Quality Services Performed with Pride
0~ QS 4
{ Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA -for the Week
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JULY 30, 2007
Commissioners' Hearing Room - Administration Building
1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. A PRESENTATION and Update on United Way Funded Programs - Ken
Wilhelm and Terri Rahmsdorff, United Way
3. CONSIDERATION of Signature of Document No. 2007-292, an
Intergovernmental Agreement with the Oregon Department of Agriculture
regarding Weed Free Forage - Dan Sherwin, Road Department
4. CONSIDERATION of Signature of Document No. 2007-412, an
Intergovernmental Agreement with Howell's Hilltop Acres Special Road
District for Chip Sealing -Roger Olsen, Road Department
5. CONSIDERATION of Chair Signature of Document No. 2007-413, a Notice
of Intent to Award Contract Letter for the Construction of Pumice Butte Local
Improvement District - George Kolb, Road Department
6. CONSIDERATION of Signature of Document No. 2007-414, an Acceptance
of a Deed of Dedication from the Sunriver Owners Association for the
Installation of a Roundabout at the Intersection of Abbot Drive and South
Century Drive - George Kolb, Road Department
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 1 of 8 Pages
7. DISCUSSION of a Noise Permit Condition of Approval (Applicant: Bend
Airport) - Kristen Maze, Community Development
8. CONSIDERATION of a Decision regarding an Appeal of a Proposed Zone
Change from F-1 to F-2 for Property Located near Vandevert Road (Applicant:
Pine Forest Development, LLC) - Will Groves, Community Development
Department
9. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's
Denial of a Subdivision Plat (Applicant: Chase) - Paul Blikstad, Community
Development
10. CONSIDERATION of Signature of Order No. 2007-109, a Measure 37 Claim
(Claimant: Cyrus) - Mark Pilliod, Legal Counsel; Tom Anderson, Community
Development Department
11. DISCUSSION regarding a Proposed Amendment to Title 18 of County Code
relating to Home Occupations - Kristen Maze, Community Development
CONSENT AGENDA
12. Signature of Resolution No. 2007-115, Approving the Deschutes County Rural
Fire Protection District #2's Adoption of Ordinance No. 07-01, Oregon Fire Code
13. Approval of a Letter Appointing Dan Peddycord to the Local Public Safety
Coordinating Council (LPSCC)
14. Approval of Economic Development Grant Requests.
• Humane Society of Redmond - Training Center
• Deschutes County Historical Society - Flex Fund
15. Approval of Minutes of Board Meetings:
• Work Sessions: July 11 and July 23
• Special Meeting: Public Hearing of March 27, 2007 regarding Local Rule
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 2 of 8 Pages
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
19. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, July 30, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 1, 2007
Opening Day at the Fair
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 3 of 8 Pages
Monday, August 6, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, August 8, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 15, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 16, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce Representative(s) regarding Legislative
Policy
Monday, August 20, 2007
10:00 a.m. Board of Commissioners' Meeting - Land Use
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
6:00 p.m. Meeting with Crooked River Ranch Board of Directors (location to be determined)
Tuesday, August 21, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, August 22, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 27, 2007
10:00 a.m. Board of Commissioners' Meeting - Land Use
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 4 of 8 Pages
Wednesday, August 29, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, September 3, 2007
Most County offices will be closed to observe Labor Day.
Wednesday, September 5, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 6, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday, September 12, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 13, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
10:00 a.m. Health Department Update
11:00 a.m. Mental Health Department Update
Monday, September 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, September 18, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 5 of 8 Pages
Wednesday, September 19, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 20, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
10:00 a.m. Juvenile Community Justice Department Update
11:00 a.m. Parole & Probation Department Update
12:00 noon Regular Meeting of the Audit Committee
Monday, September 24, 2007
10:00 a.m. Board of Commissioners' Meeting - Land Use
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 26, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 27, 2007
9:00 a.m. Fair & Expo Department Update
11:00 a.m. Commission on Children & Families' Department Update
1:30 p.m. Sheriff's Department Update, at Sheriffs Office
Monday, October 1, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
5:30 p.m. Regular Dinner Meeting with the Judges, at Ernesto's
Wednesday, October 3, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 6 of 8 Pages
Thursday, October 4, 2007
8:00 a.m. Regular meeting with the City of Sisters Council, Sisters City Hall
9:30 a.m. Regular meeting with Judge Fadeley, Sisters
Wednesday, October 10, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 15, 2007
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, October 16, 2007
11:30 a.m. Leadership Sisters Panel, in Sisters
Wednesday, October 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 18, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, October 22, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 24, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 25, 2007
4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 7 of 8 Pages
Monday, October 29, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, July 25, 2007
Page 8 of 8 Pages