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2007-1620-Minutes for Meeting October 22,2007 Recorded 11/7/2007DESCHUTES COUNTY OFFICIAL RECORDS rf NANCY BLANKENSHIP, COUNTY CLERK Vy ~007~~~~~ COMMISSIONERS' JOURNAL 11/07/2007 09;13;53 AM 11illi 11111111111111111111111 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 C Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 22, 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; Tom Anderson, Kevin Harrison, Peter Gutowsky, Dee Van Donselaar, Chris Bedsaul and Kristen Maze, Community Development; Laurie Craghead and Mark Pilliod, Legal Counsel; and thirteen other citizens. It is unknown if representatives of the media were present. Chair Daly opened the meeting at 9:30 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2007- 542, an Amendment to the State Drinking Water Program Administered by Deschutes County. Commissioner Daly said that Legal Counsel has asked for this item to be postponed, pending clarification of some of the language in the document. 3. Before the Board was Consideration of Signature of Document No. 2007- 540, an Amendment to the State Foodborne Illness Program Administered by Deschutes County. Tom Anderson gave an overview of the item. The committee of local health officials has been working with the State for some time on this contract; they are trying to develop consistent language for this document as well as the one for the drinking water program. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 1 of 16 Pages The cost of this program is paid by the fees charged, a portion of which goes to the State. BANEY: Move approval. LUKE: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 4. Before the Board was Consideration of Chair Signature of Document No. 2007-547, a Registration Form for the U.S. Census Local Update of Census Addresses Program. Mr. Anderson stated that this agreement allows the County to work with the U.S. Census Bureau to ensure that the information shared regarding addresses is accurate. The County has good safeguards in place to make sure the information is secure. LUKE: Move approval, subject to review. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2007- 548, regarding the Use of County-owned Property off Simpson Avenue for Storage Purposes. Chair Daly said that this item needs to be removed from the agenda as the City does not agree with some of the contract language. 6. Before the Board was Consideration of Signature of Order No. 2007-154 Accepting or Denying an Appeal of the Hearings Officer's Denial of a Land Partition (Applicant: Hopp). Chris Bedsaul explained the item, which relates to a Measure 37 claim. The denial was based on health and safety issues. It was found one of the lots may not meet fire standards. The Hearings Officer also felt that the applicants might be able to provide a response and the findings indicate this possibility. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 2 of 16 Pages Laurie Craghead said that it is not just on the fire issues, but the conditional use permit criteria for a dwelling. Commissioner Daly stated that he thinks the applicant would have addressed these issues if he had known about them. Mr. Bedsaul referred to an oversized map of the property, which shows that with setbacks and a firebreak one of the lots would probably be too small to be buildable. There are comments from Fish and Wildlife regarding migration of wildlife in the area. Staff found the Hearings Officer's decision to be sound but there are conditions that might be addressed by the applicant. Commissioner Baney asked what the applicant needs to address in an appeal. Laurie Craghead stated that if the Board chooses to hear it, it can be heard on the record, limit de novo, or a full de novo. If the Board chooses to hear it, the applicant can come in with a modification to the application. Commissioner Daly disclosed that he knows the Hopp family through 4-H activities. Commissioner Luke stated that he prefers to have these cases come to the Board after many of the issues have been worked out, since it is a very complicated Measure 37 situation. Commissioner Daly said that he doesn't think Measure 37 is relevant; the issue is the partition. Mr. Bedsaul stated that when the health and safety issues are considered, there are concerns regarding fire protection. Commissioner Daly asked why this particular issue is being considered now and not under the conditional use permit requirements. This item will be addressed at the Monday, October 29 meeting after Legal Counsel has had a chance for additional review of the documents. 7. Before the Board was a Discussion of Ordinance No. 2007-025 and Ordinance No. 2007-026, a Comprehensive Plan Map Amendment to Change an Agriculture Designation to a Rural Residential Exception Area and a Zone Change from Exclusive Farm Use to Multiple Use Agricultural (Applicant: Smith-Pagel). Mr. Bedsaul referred to an oversized map of the property. This requires an exception to State land use goals regarding agricultural lands. There has been an extensive study of the soils on the property. There has been some opposition to the application. The Hearings Officer did issue finding supporting these amendments, but a hearing is required. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 3 of 16 Pages There is history behind the property that includes MUA-10 zoning. A cluster development could be done, which allow one additional dwelling. They have a wildlife habitat management plan in place which allows them to build, but there are strict conditions for open space. Staff recommends November 26 as a hearing date for this application. 8. Before the Board was a Public Hearing on Ordinance No. 2007-020, Various Text Amendments to Modify Deschutes County Code. Chair Daly then read the opening statement. In regard to bias, prejudgment or personal interest of the Commissioners, they had none to disclose. No challenges from the public were offered. Kristen Maze gave her staff report at this time. The changes related to terminology in trailers and corrects some typographical changes; there are also some changes as required through State Administrative Rules. Road setback requirements are also being clarified to road right of way if there is a landscape management overlay. Commissioner Luke asked if the Planning Commission has the authority to review a proposed gathering. Ms. Craghead stated that the Planning Commission is required by State law to hear these if the number of attendees is over 3,000. Chair Daly opened the public hearing; being no response, he closed the hearing. LUKE: Move first reading by title only. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Chair Daly then conducted the first reading, by title only. The second reading and consideration of adoption will take place on November 5. 9. Before the Board was a Public Hearing on an Appeal of the Hearings Officer's Denial of a Tentative Plat Application for a Residential Subdivision off 5th Street, Redmond (Applicant: Rencher). Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 4 of 16 Pages Chair Daly then read the opening statement to the audience. In regard to ex parte contacts, conflicts of interest and bias, Commissioners Luke and Baney said they had none; Commissioner Daly said he worked with the applicant years ago but this would not affect his decision. Laurie Craghead stated that the entire record is present for the Board's review. Dee Van Donselaar referred to an oversized map of the subject property, and gave an overview of the item. The applicant modified the application to an eight-lot subdivision. Ms. Craghead stated that C Corp is an agent for the owner, Mr. Rencher. In regard to the single-access road, Ms. Van Donselaar stated that the Redmond Fire Department and Rural Fire Protection District No. 1 have reviewed the information and there will be conditions of approval in regard to access for safety reasons. A 26-foot-wide road would be required; the applicant intends to make the road 28 feet wide. The condition has not changed. Commissioner Luke asked if the Road Department has made any comments in regard to the use of 5th Street and its capacity. Ms. Van Donselaar said the Road Department required improvements to N.E. 5th Street when the number of lots proposed was higher. This has not been modified thus far. There were no other off-site improvements required. Commissioner Luke said on page 26 and 27 there were a series of conditions from the Hearings Officer. Ms. Van Donselaar stated that staff recommended some modifications of those conditions. These are noted in the staff report. The Fire District requires a 50-foot cul-de-sac for turnaround purposes; the applicant has agreed to change it from 90 to 100 feet total radius. Commissioner Baney asked about a secondary access point. Ms. Van Donselaar said this was important when there were 21 lots planned but with the widened road, it may not be necessary. This is a Board decision. Commissioner Luke asked if there is a new application, per page 26 of the Hearings Officer's decision. Ms. Craghead stated that the applicant has filed a modification of application. Commissioner Luke asked why it did not go back to the Hearings Officer, and Ms. Craghead replied that the Board stated that it would hear the appeal if a modification was filed. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 5 of 16 Pages Lisa Klemp, representing the applicant, came before the Board and gave a brief overview of the application. She said the applicant would include an additional emergency egress point if the Board so requires. The road width will comply with what the Road Department requires, and there will be a paved pedestrian pathway along the road as well. She said if a community water system is used, they can tie into the Arnett development. There will be individual on-site septic systems since a community system is prohibited by the State. The water rights will be retained as allowed by the irrigation district. Roadway will be dedicated along Stn Street and setbacks from adjacent EFU properties will be retained. Amber Lake is a significant distance away and should not be impacted by any drainage, which will be handled on site. Commissioner Luke asked if this property would be taken off EFU status. Ms. Klemp stated they will retain the water rights but some farm uses will be allowed. Ms. Craghead said the EFU zoning would remain; the tax deferral would change if the use changes. Commissioner Luke said he would like to see an emergency access included in the plan. There was no other testimony in favor of the item. In regard to testimony opposing the issue, Roger Abbas testified he owns the property located south of the property in question. He reiterated that he was concerned about the setback, but understands that this has now been changed to 100 feet. His other concern is fencing. (He referred to the oversized map) He is thinking about putting in horse arenas or a hog operation. He would like a woven wire or board fence to keep dogs and children off his property. He wants a woven wire fence, but the applicant wants a 4-wire barbless wire fence that will not keep animals out. He would like to see a perimeter fence around the entire property to keep children and animals safe. He doesn't want to lose his farming practices rights, either. He asked if the individual lots show where the houses will actually go on the lots. Commissioner Luke said there are setback requirements in place, and they also have to consider where they put their drainfield. Ms. Craghead stated that this would be addressed in the site plan review process. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 6 of 16 Pages Mr. Abbas said that in regard to irrigation ditches, he plans to move the lines that are on his property; this could change the flow. He wanted to know if the two ponds on the subject property will remain. He what would happen with the 37 acres of water rights. He thinks there is a fire hazard on the non-irrigated portion. Commissioner Luke said that if someone has more water than land that can be irrigated, the irrigation districts deal with this issue. Mr. Abbas stated that State law does not let people irrigate over drainfields. Mr. Abbas said that he didn't think you could retain farm deferral on a five-acre parcel. Commissioner Luke stated that there is very strong right to farm laws on the books and this probably won't change. Ms. Craghead said that the location of the secondary access would have to be determined before the record could be closed. Nora Haines testified that she lives north of the property. She doesn't understand why the Abbas property was mentioned and not hers. She voiced concerns at the last hearing. She asked if the 100-foot setback applies to her property. Commissioner Luke stated that the front setback applies to where the property meets the road. Ms. Craghead said that the front and side setbacks would be 100 feet from properties that are EFU zoned. The applicant has agreed to this. Ms. Haines stated that she grows hay and breeds horses. She would like to see a stallion-proof fence in place to keep dogs and children off her property. Other kinds of fencing do not work. She would like to see trees planted along the fence line as a screen. And she is concerned about the fire danger presented by the old junipers there. She said she gets lots of runoff from the Rencher property at this time and would like to see this contained because of the mosquito problem. Commissioner Luke asked how the runoff is handled. Ms. Craghead said that if it pertains to the irrigation canals, it would be addressed by the irrigation district. This could be part of the criteria for the site plan approval. Ms. Van Donselaar stated they will have to come to the building department for development of the lots. Drainage will need to meet County Road Department standards. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 7 of 16 Pages Commissioner Daly said that there are probably State laws addressing the historic runoff of the water. Commissioner Luke asked if a specific type of fencing was required, would they be open to sharing the cost in some way. Mr. Abbas said that he tried before and is not interested. Ms. Haines stated she built a fence in the past without the Rencher helping out. Ms. Craghead said that there is nothing in the Code that requires fencing. Also, if they are within a livestock control area, they have to keep their livestock under control. Mr. Abbas asked how the irrigation water would be controlled. Ms. Craghead replied that this is administered by the state water agency and is not something the Board can control. Commissioner Luke said that there is no Code requirement in regard to children. If they have livestock, residents will have to keep them under control. Dogs will have to be kept under control through existing dog control laws. Aaron Curtis, project manager for C Corp, stated that in regard to irrigation, the next process will involve how much to retain. They will work with the irrigation district on this issue. They are considering a pressurized irrigation system to mitigate any trespass water issues. Commissioner Baney asked about the fencing idea. Mr. Curtis stated that they want safety in place and want to avoid potential claims, so will consider the fencing idea. Ms. Klemp stated that the 100-foot setback has been included. There is no footprint for the individual homes at this time. She didn't understand what he was asking for in regard to the irrigation district. In regard to fencing, there has been some consideration of this and they are open to negotiations, especially if they can avoid a hog farm being placed there. They will work with the neighbors on the fencing issue. Mr. Curtis stated that the ponds may remain but this depends on what the irrigation district requires. If Mr. Abbas moves the ditch on his property, that will have an impact. Ms. Klemp stated that only one of the ponds is on the wetlands inventory. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 8 of 16 Pages Commissioner Luke commented that there will be more rural subdivision applications come in as a result of Measure 37. He said he would like to discuss fencing with staff. When livestock and children meet, there can be problems. Commissioner Baney agreed. Ms. Van Donselaar recommended some changes to the draft. One would clarify the fire protection district requirements. The other might be a secondary emergency access point if the Board requires it. The other is the EFU setback requirements. Ms. Craghead stated that public comment would be required if the Board requires a secondary access. Commissioner Daly said there is a paved road and a big cul-de-sac, and it would be very difficult to get a secondary access point there, and with just eight lots it does not seem to be necessary. Commissioner Luke stated that there are many subdivisions that are served by only one road and they have been trying to establish a secondary access into those subdivisions. He would like to see this as a standard. Commissioner Daly said that Deschutes River Woods and similar areas are very different; they have lots of timber and brush and many more homes. It is not necessary in this case. Ms. Craghead stated the Board could leave the record open for seven days for the applicant to determine where a secondary road should be, and another seven days for public comment on that road. Commissioner Baney said she would like to see the road established, given the size of the parcels and distance from the main road. LUKE: Move that the record remain open for seven days for the applicant to submit this information, by 5:00 p.m. on Monday, October 29; and that the public be allowed seven days to comment, by 5:00 p.m. on Monday, November 5. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair vote no. The Board will address this issue again at the Wednesday, November 7 Board business meeting. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 9 of 16 Pages 10. Before the Board was a Public Hearing on Remand regarding a Claim for Compensation under Measure 37 (File #M37-05-7; Claimant: Leason - Pine Ridge Ranch). Mark Pilliod stated he provided a memo to the Board that gave an overview of the claim. As of Friday, a binder containing documents was submitted on behalf of the claimants. This morning he received a letter from Bruce Bowen and Eva Eagle, who own adjacent properties, describing how they believe the Board should not or cannot proceed with this hearing; that the Board does not have jurisdiction. The Board might want to consider this information prior to the hearing this morning. The Circuit Court case is now at the Court of Appeals on this matter. Commissioner Luke said that LCDC appealed this at some point. Mr. Pilliod said that the Circuit Court decision was split into two parts: the legal issue regarding the transfer; and a second question about the amount of damages. It is still pending in the Circuit Court regarding only the amount of damages. The Circuit Court found that there is a continuation of interest despite a transfer into a corporation. Commissioner Daly asked whether the Board should proceed at this time. Mr. Pilliod stated that they should not go forward without considering the letter so that they have all of the information needed. The attorney can speak in this regard before the hearing is opened. William Kabeiseman, representing the opponents, said the Board heard this matter in 2005, and his clients appealed it to the Circuit Court. The property was transferred to a corporation in 1995 and there was a new document created in 2005 saying that they intended to keep ownership in one name. The Circuit Court remanded the case to the Board, but not in this regard. DLCD denied the appeal claim. The Court of Appeals is hearing the Circuit Court portion that concerns his clients. He feels that the Board has no jurisdiction to make decisions on this issue until there is a final determination, even though this is not a land use decision. There is potential for conflict since the Court has not decided and there could be different outcomes. There is no deadline that requires this decision be made now. Commissioner Luke asked if the Court of Appeals has accepted the case. Mr. Kabeiseman stated that they have not yet dismissed it so it is unknown at this time. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 10 of 16 Pages Mr. Pilliod said he feels the Board does have jurisdiction in this case. The neighbors can apply for a stay, but they have not done so. There are remedies available. The Board has the power to go forward and conduct a remand hearing. Regarding the balance of Mr. Kabeiseman's comments, there would not be time for an opponent to review the documents that were submitted. Mike McClain, an attorney representing the applicant, said that he agrees with County staff that the Board has jurisdiction. He disagrees with the way the opponents have characterized the situation; the remand is on one specific issue, feasibility. He is prepared to point out what was originally in the record and to offer additional information. This does not at all relate to the evidence of ownership. The Circuit Court felt that there is evidence in the record of the ongoing ownership, and this can be dealt with at the Court of Appeals. Ms. Leason has died, and Mr. Leason is elderly and wants to get this process completed. The denial at DLCD was subject to a lawsuit and the Judge ruled that there is appropriate ownership. The only issue not resolved is the amount of damages Mr. Leason may be entitled to. Commissioner Daly expressed concern that he has not had a chance to review all of the information received over the past few days. Mr. McClain stated that most of the information is already in the record and was included just for ease in reference. The notebook is designed to allow quick access to the documents. Commissioner Baney agreed that in all fairness, some time should be allowed for review. Commissioner Luke said he wants to wait until the Court decision is made. He was a "no" vote on this previously and was surprised at the Circuit Court decision. Mr. Pilliod stated that some deadlines should be imposed so that information won't come in at the last minute; and that the parties provide the information each other. LUKE: Move that this matter be taken up at the December 3 Board business meeting. The opponents will have until November 5 to furnish any written material and the applicant would have until November 19 to provide rebuttal material. The parties will provide copies of this material to each other. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 11 of 16 Pages VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes no. (Split vote.) 11. Before the Board was a Public Hearing (continued) and Consideration of Signature of Order No. 2007-080, a Measure 37 Claim (Claimant: Dowell). Tom Anderson gave an overview of the item. Some time has passed since the original hearing to allow time for review of the material submitted at that time. Staff feels the string of ownership was not broken, and the rules regarding wildlife were not in place at the time. The State issued a decision on a companion Measure 37 issue, and it basically supported staff's decision regarding the acquisition date. The State specifically waives a State rule or regulation. Goal 5 went into place in 1996 and this claim been waived by the State specifically. Mr. Pilliod said that a letter was received from William Kuhn and his wife dated August, with exhibits. It is in the record. Commissioner Daly opened the public hearing at this time. Bob Lovlien, representing the Dowells, said he previously submitted the documents relating to the land sale contract. There was a corrected land sale contract that amended the original as to the amount of interest. The land was acquired before the setback rules were in place. The new laws limited where the house could be placed. This waiver will allow the Dowells to complete the construction of their house. DLCD's decision reflects that the waiver should be granted. William Kuhn came before the Board to oppose the waiver. He stated that his wife could not attend but asked him to read her statement. He asked that the displays provided at the last meeting be referenced at this time. (He referred to the oversized maps and some handouts he distributed to the Commissioners) He said that the Dowells did not place their structure on the property legally. They did not consider the maximum build line. The State and County do not have the right to waive this build line. There were four attempts to divide the property beginning in April 1979; there would have been two 20-acre parcels. PL-14 came in to effect in 1979, and the division was denied as the division was not in agreement with the proposed law change. The Oregon Department of Fish & Wildlife did not want the parcel divided in that manner. Another attempt was made to divide it, and it was also denied. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 12 of 16 Pages The parcels on the plat map are close to the road. On the final plat map are two lines which show a maximum building line on the map. It wasn't until the fourth application that the County said it could be done under a conditional use permit. This final plat map was in existence prior to the Dowells buying the property. Mr. Kuhn bought his property in 1987, and was told by Denise McGriff of Community Development that the setbacks were uncertain, but there would have been a 100-foot side yard setback. Therefore, the Dowells have not built a legal structure. Commissioner Baney said that today the Board just needs to decide on a date of acquisition. Commissioner Daly stated that these arguments should be made after this decision. Mr. Kuhn stated the Dowells want to expand the structure that has been built. What needs to be addressed is what parcel is being discussed. Commissioner Daly said they acquired the entire parcel, regardless of the setbacks or build lines. Mr. Kuhn stated they did apply for a building permit to add a room to a garage. The Kuhns appealed that decision. Commissioner Daly said that this goes beyond what needs to be decided today. This issue is not before the Board. Mr. Pilliod agreed and said that if there is some restriction that applies to the land, it is not related to the waiver. These are matters that the Order would not affect. Commissioner Daly asked if Mr. Kuhn has a problem with the acquisition date, the Board can hear it. This is only to decide on the acquisition date. Commissioner Luke pointed out that the actual building process relates to permitting, not the acquisition date. Mr. Kuhn read a statement provided by his wife emphasizing why she feels the Board should not approve the waiver. Commissioner Luke said there has been a lot of testimony regarding the legality of the structure; however, this case relates simply to the acquisition date. The State has supported the waiver. LUKE: Move approval of Order No. 2007-080. BANEY: Second. I concur with your comments. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 13 of 16 Pages Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Consent Agenda Items 12. Signature of Resolution No. 2007-137, Transferring Appropriations within the Health Department Fund 13. Signature of Resolution No. 2007-140, Transferring Appropriations within the Park Acquisition and Development Fund 14. Approval of Economic Development Grants: • Central Oregon High School Rodeo Club - Commissioner Daly granted $2,000; Commissioner Baney granted $500. • Central Cascade Lines - Repair & Maintenance - Commissioner Daly granted $2,000; Commissioner Luke granted $500; Commissioner Baney granted $1,000. 15. Approval of Minutes: • Business Meetings: October 1 • Work Sessions: March 14, April 18, June 13, August 8, August 15, August 20, September 26, and October 3 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 $27,058.69 (two weeks). LUKE: Move approval, subject to review. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 14 of 16 Pages 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 $15,157.76 (two weeks). BANEY: Move approval, subject to review. LUKE: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 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 $3,344,034.54 (two weeks). BANEY: Move approval, subject to review. LUKE: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. 19. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, Chair Daly adjourned the meeting at 12:45 p.m. Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 15 of 16 Pages DATED this 22°d Day of October 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy ney, Com ioner Minutes of Board of Commissioners' Business Meeting Monday, October 22, 2007 Page 16 of 16 Pages Dennis R. Luke, Vice hair A]~ fLl -A ❑ 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 9:30 A.M., MONDAY, OCTOBER 22, 2007 - please note earlier time! 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. CONSIDERATION of Signature of Document No. 2007-542, an Amendment to the State Drinking Water Program Administered by Deschutes County - Tom Anderson, Community Development 3. CONSIDERATION of Signature of Document No. 2007-540, an Amendment to the State Foodborne Illness Program Administered by Deschutes County - Tom Anderson, Community Development 4. CONSIDERATION of Chair Signature of Document No. 2007-547, a Registration Form for the U.S. Census Local Update of Census Addresses Program - Peter Gutowsky, Community Development Department 5. CONSIDERATION of Signature of Document No. 2007-548, regarding the Use of County-owned Property off Simpson Avenue for Storage Purposes - Teresa Rozic, Property Management 6. CONSIDERATION of Signature of Order No. 2007-154 Accepting or Denying an Appeal of the Hearings Officer's Denial of a Land Partition (Applicant: Hopp) -Chris Bedsaul, Community Development Department Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 1 of 9 Pages 7. DISCUSSION of Ordinance No. 2007-025 and Ordinance No. 2007-026, a Comprehensive Plan Map Amendment to Change an Agriculture Designation to a Rural Residential Exception Area and a Zone Change from Exclusive Farm Use to Multiple Use Agricultural (Applicant: Smith-Pagel) - Chris Bedsaul, Community Development Department 8. A PUBLIC HEARING on Ordinance No. 2007-020, Various Text Amendments to Modify Deschutes County Code -Kristen Maze, Community Development 9. A PUBLIC HEARING on an Appeal of the Hearings Officer's Denial of a Tentative Plat Application for a Residential Subdivision off 5th Street, Redmond (Applicant: Rencher) - Dee Van Donselaar, Community Development Department 10. A PUBLIC HEARING on Remand regarding a Claim for Compensation under Measure 37 (File #M37-05-7; Claimant: Leason - Pine Ridge Ranch) - Kevin Harrison, Community Development Department 11. A PUBLIC HEARING (continued) and Consideration of Signature of Order No. 2007-080, a Measure 37 Claim (Claimant: Dowell) - Tom Anderson, Community Development; Mark Pilliod, County Counsel CONSENT AGENDA 12. Signature of Resolution No. 2007-137, Transferring Appropriations within the Health Department Fund 13. Signature of Resolution No. 2007-140, Transferring Appropriations within the Park Acquisition and Development Fund 14. Approval of Economic Development Grants: Central Oregon High School Rodeo Club - Commissioner Daly granted $2,000; Commissioner Baney granted $500. Central Cascade Lines - Repair & Maintenance - Commissioner Daly granted $2,000; Commissioner Luke granted $500; Commissioner Baney granted $1,000. Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 2 of 9 Pages 15. Approval of Minutes: • Business Meetings: October 1 • Work Sessions: March 14, April 18, June 13, August 8, August 15, August 20, September 26, and October 3 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 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. Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 3 of 9 Pages 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, October 22, 2007 10:00 a.m. Board of Commissioners' Meeting for the Week 12 noon Administrative Work Session - could include executive session(s) - please note earlier time Tuesday, October 23, 2007 8:00 a.m. Regular Meeting with Sunriver Service District Board, at Sunriver Wednesday, October 24, 2007 8:30 a.m. Town Hall Meeting with Dr. Robertson (OHSU) 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 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) Monday, November 5, 2007 10:00 a.m. Board Land Use Meeting 1:00 P.M. Opening Ceremony - New Sunriver/Highway 97 Interchange - Great Hall, Sunriver 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 4 of 9 Pages Wednesday, November 7, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, November 8, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers Friday, November 9, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council Monday, November 12, 2007 Most County offices will be closed to observe Veterans' Day. Tuesday, November 13 through Friday November 16, 2007 Association of Oregon Counties' Conference Monday, November 19, 2007 12:00 noon Regular Meeting with Department Heads (at Solid Waste Dept. - Knott Landfill) 1:00 P.M. Ribbon Cutting Ceremony - New Knott Landfill Facility 1:30 p.m. Administrative Work Session for the week - could include executive session(s) - at Solid Waste Dept. Tuesday, November 20, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Thursday, November 22, 2007 Most County offices will be closed to observe Thanksgiving. Friday, November 23, 2007 Most County offices will be closed (unpaid day offi. Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 5 of 9 Pages Monday, November 26, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:00 p.m. Public Hearing - Amateur Radio Tower Ordinance Wednesday, November 28, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, November 27, 2007 12:00 noon Regular Meeting of the Audit Committee 3:00 p.m. (Tentative) Meeting with Mental Health Director and ABHA Representative Wednesday, November 28, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 4:30 p.m. Bend Chamber Business After Hours at New Knott Landfill Facility Monday, December 3, 2007 10:00 a.m. Board of Commissioners' 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, December 5 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 6, 2007 10:00 a.m. District Attorney Update 11:00 a.m. Community Development Department Update 1:30 p.m. Road Department Update Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 6 of 9 Pages Wednesday, December 12, 2007 10:00 a.m. Board of Commissioners' Meeting for the week 1:30 p.m. Administrative Work Session for the week - could include executive session(s) Thursday, December 13, 2007 1:00 P.M. Health Department Update 2:00 p.m. Mental Health Department Update Monday, December 17, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, December 18, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, December 19, 2007 10:00 a.m. Board of Commissioners' Meeting for the week 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 20, 2007 9:00 a.m. Fair & Expo Department Update 10:00 a.m. Juvenile Department Update 1:30 p.m. Sheriff's Office Update, at Sheriffs Office Tuesday, December 25, 2007 Most County offices will be closed to observe Christmas Day. Thursday, December 27, 2007 4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 7 of 9 Pages Monday, December 31, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 1, 2008 Most County offices will be closed to observe New Years' Day. Wednesday, January 2 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 7 2008 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, January 9 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 10, 2008 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers Monday, January 14 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, January 16, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, October 22, 2007 Page 8 of 9 Pages Thursday, January 17, 2008 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council Monday, January 21, 2008 Most County offices will be closed to observe Martin Luther King Jr. Day Wednesday, January 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, January 29, 2008 1:00 P.M. Commission on Children & Families' Update Wednesday, January 30, 2008 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 Monday, October 22, 2007 Page 9 of 9 Pages