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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' 111111111 IN 111111111111111III 2007-1501 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page G 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