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2010-179-Minutes for Meeting March 22,2010 Recorded 3/29/2010DESCHUTES COUNTY OFFICIAL RECORDS ~0+0~~~9 NANCY BLANKENSHIP, COUNTY CLERK CJ COMMISSIONERS' JOURNAL 1111 loll , 03/19/2010 12:03:16 PM 2010-179 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 at the request of [give reason] previously recorded in Book _ or as Fee Number to correct and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 22, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner Tammy Baney was out of the office. Also present were Laurie Craghead, County Counsel; Mike Berry, Surveyor; and Chris Bedsaul, Community Development. No representatives of the media or other citizens were in attendance. Chair Luke opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing, and Consideration of First Reading of Ordinance No. 2010-003, a Text Amendment Adding Minor Variance Criteria to Recognize Long-standing Occupation of Properties Not Located in Farm (EFU) or Forest (F) Zones. Laurie Craghead said that this is not the official hearing, due to conflicting notices. Community Development posted a notice in the newspaper for 1:30 p.m. the same day, but this was on the Board calendar for this morning. Chair Luke opened the hearing at this time. Neither Commissioner indicated bias, personal interest or prejudgment regarding the area and properties in question. Chris Bedsaul said there was a work session previously to discuss this issue. Commissioner Unger asked why this does not include resource land such as EFU. Mr. Bedsaul said that these have to be excluded per State law. This property is zoned RR-10. Minutes of Board of Commissioners' Business Meeting Monday, March 22, 2010 Page 1 of 3 Pages Mr. Bedsaul said at least one party who is involved in the issue would like to testify in favor of it, but will not be able to do so today. The Commissioners suggested that testimony be provided in writing. The Commissioners will meet briefly at 1:30 today to comply with the notice published in the newspaper. If the first reading is done today, the second reading will take place on April 7. The hearing was recessed until 1:30 today. The meeting adjourned at 10:10 a. m. CONTINUED HEARING Present were Commissioners Dennis R. Luke and Alan Unger; Deputy County Administrator Erik Kropp; Chris Bedsaul, Community Development; and Laurie Craghead, County Counsel. No other citizens were present. Chair Luke continued the hearing at 1: 30 p.m. Chair Luke noted that there was a good work session discussion on this issue, some time ago, and the Commissioners are supportive. This will help solve a long-time area problem and will benefit a significant number of property owners. No testimony was offered, so the hearing was closed UNGER: Move first reading by title only. LUKE: Second. VOTE: UNGER: LUKE: Yes. Chair votes yes. Chair Luke then conducted the first reading by title only. The second reading will be conducted on April 7, 2010 at 10: 00 a. m. Being no further items addressed, the meeting adjourned at 1:35 p.m. Minutes of Board of Commissioners' Business Meeting Monday, March 22, 2010 Page 2 of 3 Pages DATED this 22"d Day of February 2010 for the Deschutes County Board of Commissioners. Dennis R. Luke,, Chair L(,~ Cr'-- Alan Unger, Vice Chair ATTEST: Tammy Baney, Commissioner 1 C~G~ti~/LU-I Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, March 22, 2010 Page 3 of 3 Pages PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARINGS BEFORE THE DESCHUTES BOARD OF COUNTY COMMISSIONERS This is a public hearing on Ordinance 2010-030. The County File Number is TA-09-8. This is an application to amend DCC 18.132.025 to allow minor variances to recognize long- standing occupation of properties not located in Farm (EFU) or Forest (F) zones. The standards applicable to the applications before us are on page 1 of the Staff Report dated March 10, 2010. The Board will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being recorded. The Board may make a decision on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the lectern. You can also provide the Board with a copy of written testimony. ' 07 Questions to and from the chair may be entertained at any time at the chair's discretion. Cross-examination of people testifying will not be allowed. However, if anyone wishes ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of or during the hearing, any party may challenge the qualifications of any Board for conflict of interest. This challenge must be documented with specific reasons supported by facts. Should any Board member be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. At this time, do any members of the Board need to set forth any information that may be perceived as a conflict of interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). (STAFF REPORT) 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 22, 2010 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 cards 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 PUBLIC HEARING, and Consideration of First Reading of Ordinance No. 2010-003, a Text Amendment Adding Minor Variance Criteria to Recognize Long-standing Occupation of Properties Not Located in Farm (EFU) or Forest (F) Zones - Chris Bedsaul, Community Development Department 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: Monday, March 22 10:00 a.m. Board of Commissioners' Meeting Board of Commissioners' Business Meeting Agenda Monday, March 22, 2010 Page 1 of 4 Pages Wednesday, March 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 25 9:00 a.m. Quarterly Meeting with the Fair & Expo 10:00 a.m. Semi-annual Meeting with the Assessor 11:00 a.m. Semi-annual Update Meeting with the Clerk 3:00 p.m. Quarterly Meeting with Community Justice 5:00 p.m. Meet with Planning Commission to Discuss Comprehensive Plan Update Monday, March 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, March 30 10:00 a.m. - 2:00 p.m. Planning Commissioner Interviews Wednesday, March 31 8:00 a.m. Planning Commissioner Interviews 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 1 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, April 5 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) Board of Commissioners' Business Meeting Agenda Monday, March 22, 2010 Page 2 of 4 Pages Wednesday, April 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 14 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 19 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 21 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 22 11:00 a.m. Quarterly Meeting with the Commission on Children & Families Monday, April 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, Mai 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) Board of Commissioners' Business Meeting Agenda Monday, March 22, 2010 Page 3 of 4 Pages Wednesday, Mays 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, March 22, 2010 Page 4 of 4 Pages