2010-2746-Minutes for Meeting June 21,2010 Recorded 7/16/2010DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIIIIIIIIIYIIIIIIIIIIh
2010-2746
RECORDS P T N10-274
CLERK y~J 07/16/2010 11:29:24 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
a
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 219 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger;
Deputy County Administrator Erik Kropp; Tom Anderson and Kevin Harrison,
Community Development; and approximately thirty other citizens, including
members of the Bicycle-Pedestrian Advisory Committee and representatives of the
media.
Chair Luke opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
Citizen Johnny Corbin of the Central Oregon Veterans Association said that his
group requested and received a grant for the traveling Vietnam War wall, which
is a tribute to heroes, and wanted to read a letter in recognition of local veterans
and talk about an even scheduled for August 12-15, with various stops in the
area. He asked that the Board be present on August 12, at 6 PM, along with
State Representatives and Senators.
2. Before the Board was the Reading of a Proclamation, Declaring Road User
Safety Week in Deschutes County.
Cheryl Howard, Chair of the Bicycle Pedestrian Advisory Committee, said that
this recognizes User Safety Week in the area. Commissioner Baney read the
Proclamation at this time.
BANEY: Move approval.
UNGER: Second.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 1 of 8 Pages
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke said that the Board has received a few e-mail massages from
bicyclists complaining about using chip sealing for road maintenance, which is
hard to ride on. He stated that there are not funds for overlays and chip sealing
preserves the entire road. It turned out that the road is not a County road but is
maintained by the State.
Commissioner Baney added that leadership in the Road Department are also
bicycling enthusiasts. Commissioner Unger said that cycling is becoming more
popular in the area, and perhaps the roads that need improvement to make them
better for cyclists should be part of a hierarchy for maintenance. Ms. Howard
stated that there may be opportunities to work on this. Commissioner Unger
stated that the State has some funding available for this kind of thing, and he
would like information as to make a good case for those funds.
3. Before the Board was a Presentation of the "Big Chainring" and "Safe
Sidewalk" Awards.
Kevin Tansky awarded certificates to eight businesses regarding the "Safe
Sidewalk" awards. These include High Desert Fitness; the Bend Plan Center;
Interior Flooring Solutions; U.S. Bank; Miller Lumber Co.; the Old Mill
District; Tollgate Property Owners Association; the Sisters Market; and the
Redmond Downtown Urban Advisory Committee. Appropriate photos were
taken.
He said the culture of the community is changing. He recognized Bi-Mart for
its ongoing support as well.
'The Big Chainring awards were then given for pedestrian and bicycle friendly
and supportive work. The individual award went to Peter Warner, who
volunteers to teach safety to students, and does a lot of outreach to the
community.
For public agencies, the award went to the City of Sisters for design and
implementation around Sisters (Community Development and Public Works
Department). For businesses, the Old Mill District won the award.
The Peter Hanson Memorial Award to an individual went to David Blair.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 2 of 8 Pages
Eli Ashley gave an overview of the Bicycle & Pedestrian Advisory Council,
which is always seeking citizen input, and thanked the Commissioners and staff
for their assistance. He specifically thanked Commissioner Luke for his efforts
to get input from BPAC into transportation planning for the area.
4. Before the Board was Consideration of Signature of Order No. 2010-029, a
Decision by the Board of Commissioners to Conduct an On-the-Record
Review of Land Use Permits Granted for a Landscape Management Site
Plan and a Lot Line Adjustment (Applicant: Eitel).
Kevin Harrison stated that this is a quasi-judicial hearing regarding a detached
garage and shop, a property line adjustment and a landscape management plan.
On April 21, 2010, the review was initiated by the Board. The applicant has
requested approval of a land use application to resolve a code enforcement
issue. The location of the building did not meet required setbacks. Mr.
Harrison completed the reading of the opening statement.
In regard to ex parte conflicts, Commissioner Baney said she spoke with the
Fraziers early on and referred them to the Community Development
Department, but this will not affect her decision.
Commissioner Luke stated that the Commissioners have discussed this in open
meetings and have received information from staff.
Commissioner Luke asked for clarification of input that will be allowed. Mark
Pilliod replied that the Order previously adopted is on the record. That means
that evidence provided with the application is the total amount of information
needed.
Chair Luke opened the public hearing. Mr. Harrison gave an overview of
where the property is and how it is landscaped since there is a landscape
management requirement. He noted that the building is not visible from the
river. Design criteria for a landscape management zone is not required.
The lot line adjustment was configured in such a way as to allow for the
building to meeting all requirements.
Commissioner Luke asked if there is anything on the record regarding the drain
field and reserve area. Mr. Harrison indicated that he is not aware of any.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 3 of 8 Pages
One property is getting smaller but by less than 10% of its original size, which
is permitted by Code. This is a local provision, and the State is silent on this.
He said that a review was conducted. Certain conditions of approval were
placed on the applications. Based on the order, the Board asked to review the
landscape management plan and the lot line adjustment.
Mr. Harrison said the lot line adjustment involved about 500 square feet of land.
The structure is much larger than that.
Commissioner Baney said that she understood they were going to hear the
whole issue including permitting.
Commissioner Unger stated that there are some policy issues, such as non-
compliance with permits, and the cost of permits in general. He had hoped this
would be discussed.
Commissioner Luke agreed with Commissioner Baney and wants to look at
more than the lot line adjustment situation.
Mark Pilliod stated that the Order involves the land use file only.
Commissioner Baney stated there was a blatant disregard of the law and the
crux of the situation was how to move forward with this, and whether it can just
be brought into compliance or if there are other things that can be done.
Mr. Pilliod said that they have gone through Code enforcement, but the Board
has no direct involvement with those proceedings except to establish overall
policy. It is currently a judicial matter regarding Code staff and the applicants,
and the Court. The Board has no direct involvement in the judicial part. The
legislature has required Code enforcement matters regarding building permits
be handled administratively and not judicially, but this would require modifying
the procedure. The only matter before the Board now is the land use part, and
not the building permits.
Commissioner Luke asked if a building permit issuance is a land use action.
Mr. Pilliod said that this is outside of land use action criteria.
Mr. Harrison said that two letters were received from neighboring property
owners. One was from Terry Partipillow and another was from Don Hartsall.
He is not sure they are admissible within the criteria.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 4 of 8 Pages
Commissioner Baney stated that she received an e-mail and a letter as well,
which reinforce what is in the record.
Cara Eitel and Matt Eitel, property owners, came before the Board. They said
they started filing papers after hearing from Code enforcement. There was a
misunderstanding regarding the back property line, so they applied for a lot line
adjustment which was approved. They had to turn in a plot plan showing the
building and lot lines. At that point the building had already been started.
Mr. Eitel is a builder, but is no longer licensed. He said they had a bad winter,
with family issues, and needed money to pay bills. They knew they might be
doing something wrong but did not pay for the permits. Ms. Eitel said that it is
a garage/shop with storage upstairs. There is no bathroom in it, as a septic
evaluation needs to be done first to see if it is allowed.
Mr. Pilliod said one of the letters was from someone who asked about the need
for a fair resolution of the adjustment. He asked if the neighbors who traded
land are satisfied with the arrangement, and Mr. Eitel said they are.
Kathy Perkins owns property in the area. She is concerned about a number of
things. The first thing is setting a precedence on that street that you can do
whatever you want, and just have to worry about paying a potential fine at the
end. She has nothing against the Eitels but they chose to build without benefit
of permits. She is concerned about setting precedence. Had they gone through
the proper channels, it would not be where it is now. Had it been built where it
was supposed to be, no one would be complaining.
She is concerned regarding the use of the building. Originally it was to be a
shop with an in-law cottage. Then it was to be a shop with storage. Now it is to
be a garage with a shop upstairs. She is married to a contractor and knows
something about buildings. She took pictures for another neighbor, and was
confronted by Ms. Eitel at the time.
A petition has been signed by other residents of the area, letters have been sent
and some people are in attendance.
She said that government is supposed to serve all the people. The Eitels built in
complete defiance of the law. The building department people have not done
their job in looking out for all the people. She submitted a document for the
record.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 5 of 8 Pages
Commissioner Baney asked if there would have been enough room on the
property to place the building in the proper location.
Mr. Harrison said that the drain lines are noted on the plot plan. Commissioner
Luke asked about the reserve area and how they would drive to the building.
Mr. Harrison stated that Chris Bedsaul, who has retired from Community
Development, did a site visit and documented his observations in the staff
report.
Ms. Perkins said that since the building department failed from the beginning,
from the time the concrete was poured until now, she thinks that the building
should come down. She feels the second story infringes on the rights of others.
Commissioner Luke asked if the two story building meets solar setbacks. Mr.
Harrison stated that is does, and the findings are in the staff report. The
property runs northwest to southeast.
Terry Frazier and Marty Frazier testified that they have the same concerns.
Phone calls were made from the beginning of the project. People have driven
over the drain field with the cement truck and other vehicles. The suggestion
was made that they stop building when they realized they had gone onto the
adjacent property. Mr. Eitel was a contractor and should have known what he
was doing. They had not planned to get permits because they cost too much.
Had they put this in the proper location and had gotten permits, it would be
okay. Instead it looks right into the Frazier bedroom window, and is perhaps
ten feet away. This affects their property value and privacy.
Marty Frazier said they don't want problems with the neighbors, but their rights
have been infringed upon, and they have lost their privacy. Everyone has a
right to build a shop, but not like this. The County let this happen. Someone
needs to be held accountable for the fact that they just kept right on building.
Mr. Pilliod reminded the Board that permitting is not part of a land use hearing.
Mr. and Mrs. Eitel came before the Board again. Ms. Eitel said that they
thought this was the best location for the building. If they had gotten permits,
the process would have been about the same. The County did charge them
double fines since then and they have done all that was required to make it
legal. They did not continue to build, but asked the County if they could put the
roof on to protect the inside of the structure. Applications were made for the lot
line adjustment.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 6 of 8 Pages
Mr. Eitel said that the angle of the property made it difficult to determine. They
assumed the back point was still their property. He thinks the building would
be in the same place.
Commissioner Luke said that a land survey might be required. Mr. Harrison
stated that the lot line adjustment would require a survey and recording deeds.
The entire property would not have to be surveyed. The applicant is to provide
a plot plan that is accurate. The Planning Division reviews the plot plan to
make sure the proposed structure meets applicable zoning requirements. If a
building permit is involved, that is handled by permitting.
Mr. Harrison said the lot line application is signed by all of the affected
property owners.
Mr. Pilliod asked if the requirements would be different if the application was
for an in-law cottage. Mr. Harrison said it is zoned RR-10, which allows for a
single residence. No second residence is allowed unless it is for medical
hardship reasons. Mr. Pilliod noted that the application is for a garage/shop
building, and they have to evaluate the application based on the proposed use.
The record was left open for seven days, until Monday, June 28 at 5 PM, just
involving the legal issues. The record would be left open another seven days
for the applicant to respond, until 5 PM on July 6.
Diane Brock asked about the permitting issues, and how that would be dealt
with. Chair Luke stated that the Commissioners will talk with staff about this.
Those who have testified will receive notice.
Kathy Perkins said she lives three homes down across the street, but she was
not notified. Commissioner Luke asked her to share that with staff.
The hearing was closed.
Kathy Perkins asked if there is an issue with how something was handled, and
suitable response does not occur, who is responsible. Commissioner Luke said
they have discussed this issue with staff. The process may need adjustments.
This is a unique situation and there are constraints through Code and State law.
Ms. Perkins asked who she can go to. Commissioner Baney stated that the
Board will need to learn how to answer those questions, and that will be
accomplished through meetings with staff.
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 7 of 8 Pages
5. ADDITIONS TO THE AGENDA
None were offered.
Being no further items addressed, the meeting adjourned at 11:56 a. m.
DATED this 21St Day of June 2010 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, C air
Alan Unger, Vice Chair
ATTEST:
Tammy Baney, Com ssioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday June 21, 2010
Page 8 of 8 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orl;
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JUNE 219 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
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. READING of a Proclamation, Declaring Road User Safety Week in
Deschutes County - Cynthia Smidt, Deschutes County Bicycle & Pedestrian
Advisory Committee
3. PRESENTATION of the "Big Chainring" and "Safe Sidewalk" Awards -
Deschutes County Bicycle & Pedestrian Advisory Committee
4. CONSIDERATION of Signature of Order No. 2010-029, a Decision by the
Board of Commissioners to Conduct an On-the-Record Review of Land Use
Permits Granted for a Landscape Management Site Plan and a Lot Line
Adjustment (Applicant: Eitel) - Kevin Harrison, Community Development
5. 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 June 21, 2010
Page 1 of 6 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, June 21
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:00 p.m. Tour of Highway 97 Project - Lava Butte to Sunriver (with ODOT)
Tuesday, June 23
10:00 a.m. Board of Commissioners' Meeting - includes Hearings & Budget Adoption
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 24
9:00 a.m. Quarterly Meeting with the Fair & Expo Manager
2:00 p.m. Quarterly Meeting with the Sheriff
Monday, June 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 1
8:00 a.m. Meeting with Sisters City Council, Sisters City Hall
Monday, Julys
Independence Day Observed - Most County offices will be closed
Board of Commissioners' Business Meeting Agenda Monday June 21, 2010
Page 2 of 6 Pages
Wednesday, July?
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:00 p.m. Regular Joint Meeting with the City of Bend Council - at Bend City Chambers
Thursday, July 8
7:00 a.m. Regular Meeting with Redmond City Council - Redmond Council Chambers
3:00 p.m. COACT Meeting - COIL, Redmond
Wednesday, July 14
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 19
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesdav. Julv 21
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 2
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 June 21, 2010
Page 3 of 6 Pages
Wednesday, August 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 11
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 16
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular meeting with Department Directors
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 18
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 1
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 Monday June 21, 2010
Page 4 of 6 Pages
Thursday, September 2
10:00 a.m. Regular Update with the District Attorney
11:00 a.m. Regular Update with Community Development
1:30 p.m. Regular Update with the Road Department
Monday, September 6
Most County offices will be closed to observe Labor Day
Wednesday, September 8
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 9
7:00 a.m. Regular Meeting with Redmond City Council - Redmond Council Chambers
11:00 a.m. Regular Update with Health and Human Services
3:00 p.m. COACT Meeting - COIC, Redmond
Wednesday, September 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 16
9:00 a.m. Regular Update with the County Clerk
10:00 a.m. Regular Update with Community Justice
Monday, September 20
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 22
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 Monday June 21, 2010
Page 5 of 6 Pages
Thursday, September 23
9:00 a.m. Regular Update with the Fair & Expo Manager
10:00 a.m. Regular Update with the Assessor
11:00 a.m. Regular Update with the Commission on Children & Families
2:00 p.m. Regular Update with the Sheriff
Monday, September 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 29
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 June 21, 2010
Page 6 of 6 Pages
G~J-f rEs coG
BOARD OF COMMISSIONERS' MEETING
a <
REQUEST TO SPEAK
Agenda Item of Interest e l Date
Name t7 n y ~jj ~-IJ7
ar
Address ~4
Phone #s C S 4 3
E-mail address /1 / CB r h 1,(7
❑ In Favor NeutralA Jndecided
Submitting written documents as part of testimony? F]Yes
CC9
F] Opposed
❑ No
~G~J-rES c~L
a Z{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest L N j b 17 L~ - (C) / - Date (O
Name I V 1~ 4- _t, 1 I
Address .
Phone #s
UjV E-mail address
❑ In Favor
❑ Neutral/Undecided
❑ Opposed
Submitting written documents as part of testimony? ❑ Yes ❑ No
J'TES ~
n { BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest L - ( b- I -7 Date b ~2
Name
Address ( 00t, 2,Q Rl v-P r Dry
Phone #s 'j q I . 9 W,), 7
E-mail address
❑ In Favor
❑ Neutral/Undecided
❑ Opposed
Submitting written documents as part of testimony? ❑ Yes ❑ No
GV_ G
U~r
0
REQUEST TO SPEAK
Agenda Item of Interest`'= Date
Name
v';o-VE~
wo ` Za BOARD OF COMMISSIONERS' MEETING
a -c
Address
Phone #s
~f c Rey
E-mail address 1-4- "
1-1 In Favor 1-1 Neutral/Undecided
Submitting written documents as part of testimony? Yes
a Opposed
No
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest E tC:E t a~ Date a.l 110
~~U~sSs
v
po Z~
0 c
Name
Address
rl Io
Phone #s .'!;Zu(I 1„Z-Z - d1'~~e L N\ - '1t(f 1-1
E-mail address
In Favor Neutral/Undecided
Submitting written documents as part of testimony? RfYes
Opposed
No
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PROCLAMATION
A Proclamation Declaring June 20 through 26, 2010
Road User Safety Week in Deschutes County
WHEREAS, the County is involved with several groups that are committed to
education, engineering and enforcement of road user safety; including the
Deschutes County Bicycle and Pedestrian Advisory Committee, local cities, law
enforcement agencies, Commute Options, and the Bend Metropolitan Planning
Organization; and
WHEREAS, our citizens have suffered injuries and losses on our roadways; and
WHEREAS, to encourage education of all road users (including motorists,
cyclists and pedestrians) as to the proper and safe practices in our County is
important to ensure safety; and
WHEREAS, walking and cycling are viable and environmentally sound forms
of transportation, a quality recreation activity and beneficial to our citizens' health;
NOW, THEREFORE, the Deschutes County Board of Commissioners does
herby proclaim that June 20 through June 26, 2010, be designated "ROAD USER
SAFETY WEEK" and further that the County shall be committed to encourage all
County citizens to recognize the rules of the road and respect each form of
transportation as we enjoy living in this vibrant community.
DATED this day of June 2010 by the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
Alan Unger, Commissioner ATTEST:
Tammy Baney, Commissioner Recording Secretary
Deschutes County
1300 NW Wall Street, Ste. 200 Bend, OR 97701-1960
Phone (541) 388-6570 - Fax (541) 385-3202 -
www.deschutes.orsz
NEWS RELEASE MEDIA CONTACT:
Peter Russell, 383-6718 (wk) or
Cynthia Smidt, 317-3150 (wk)
Bend, Oregon December 2, 2009
County Seeks Safe Sidewalk Nominees to Receive Awards
The Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC) will be
seeking nominations of businesses that make the extra effort to keep their sidewalks clear
of snow and ice this winter. The Safe Sidewalk Awards will be decided on and
distributed this spring. Business and property winners will receive a certificate from the
County and acknowledgment from their area Chamber of Commerce.
Along with snow and ice comes challenging and often dangerous conditions on sidewalks
in commercial areas. BPAC would like to remind County business and property owners
of their responsibility to maintain clear sidewalks. The group wants to acknowledge
people who are doing an outstanding job of keeping pathways clear. In years past, the
following businesses were recognized: Bend; Bend Window Treats, Devore's Good
Food Store, Miller Lumber, McMenamin's, Selco Community Credit Union, Combined
Communications Inc., St Charles Medical Center, Corey's Bar & Grill, Bob Thomas
Chevrolet, US Bank, Bend Plan Center, Mill Quarter Marketplace, Ray's Food Place,
The Shops at the Old Mill, and Red Oaks Square. In Sisters; Sisters Veterinary Clinic,
Sisters Harvest Basket, Stitching Post, High Desert Gallery, Paper Place, and Eurosports.
Many people are not aware of the particular codes set forth in each city in Deschutes
County ensuring public safety and how it relates to sidewalks. Sisters, Redmond and
Bend all have ordinances relating to the clearing of sidewalks after a storm event.
While the language varies a bit from city to city, the message is the same-business or
property owners must clear ice or snow from the sidewalk adjoining their property
within six hours of daylight.
These codes not only help make sidewalks safer, but encourage good business practices.
When pathways are clear, the message to customers is that the business cares about safety
and welcomes access for all to the front door.
The BPAC is an advisory committee of the Deschutes County Commission and seeks to
improve conditions for bicyclists and pedestrians throughout Deschutes County.
Nominations can be sent to: Deschutes County Planner, Cynthia Smidt
(Cynthia Smidt ,co.deschutes.or.us). Deadline: March 19, 2010. For more information
about this award or BPAC, please visit: hM2://www.deschutes.org,/cd(l/bikeandped
Safe Sidewalks Campaign
Business Nomination
The Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC) with its Safe
Sidewalks Campaign recognizes businesses that make the extra effort to keep their sidewalks
clear of snow and ice. The BPAC has presented this annual award since 2006.
I want to nominate:
Nominee's
Address:
Nominee's
Phone:
Nominee's
Email:
Please describe how the business nominee maintains safe sidewalks in winter.
Submitted by:
Address:
Phone:
Date:
e-mail:
Return by March 19, 2010 to: Cynthia Smidt, Deschutes County Community Development Dept., 117
NW Lafayette Ave., Bend, OR 97701; 541-317-3150; fax 385-1764; c tin hias@co.deschutes.or.us
4Jj
1r X
Bicycle and Pedestrian Advisory Committee
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
Press Release: 2010 "Big Chainring" Awards to be awarded June 21
The Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC) has selected 2010
"Big Chainring" Award recipients. David Blair, Peter Werner, the City of Sisters, and The Old Mill
District will be recognized on June 21 for their contributions to pedestrian and bicycle friendly
environments in Deschutes County.
The awards will be presented at the Deschutes County Board of Commissioner's Business
Meeting on Monday, June 21 at 10:00 a.m. The meeting will be held in the Barnes and Sawyer
rooms of the Deschutes County Services Center at 1300 NW Wall Street in Bend.
Since 1996, the Big Chainring Awards have been awarded annually to honor individuals,
businesses, and public agencies that have made significant contributions in support of better
bicycling and walking in Central Oregon.
This year's winners include:
David Blair - Peter Hanson Memorial Award
The Peter Hanson Memorial Award recognizes community members that have provided
outstanding voluntary contributions. David Blair has been a key staff person working to prepare
the 2008 report of the Deschutes County Ad Hoc Committee on Recreational Assets convened
by Senator Wyden. In particular, David helped ensure that the report focused significantly on
efforts to improve bicycling assets in the County - including expanded mountain biking around
Bend, improved multi-use trails along the Deschutes River and along irrigation canals, and
better cycling connectivity among County urban areas. A key outcome of this work was the
application to propose a series of routes in Central Oregon as the Three Sisters Scenic Bikeway
to the state's Scenic Bikeways program. This designation will be a key asset to the cycling
community and the local economy. While many contributed to design the routes and prepare the
materials, David was the driving force behind the effort, motivating all involved to do more,
ensuring that the application was coordinated among multiple volunteer groups and that it was
submitted on time. Without him, it simply would not have happened.
Peter Werner - Big Chainring Award for Individual
Whether it is out of necessity or for the pure love of cycling and faith in alternative
transportation, you will find Peter Werner actively participating in various bicycle education
programs throughout Deschutes County. He volunteers for Commute Options to teach Safe
Routes to School, is involved with the Deschutes County Bicycle and Pedestrian Advisory
Committee, and is currently working with the Bend Downtowners to procure and install new
bicycle racks and a bike corral. In addition, Peter rides with neighborhood kids to High Lakes
Elementary during Walk + Bike week and proceeds to hand out prizes to those kids that use
alternative transportation. Based on his sustainable practices, he is the only lawyer listed in the
Green Spot directory, riding his bicycle to meet with clients. Anyone familiar with Peter Werner
Quality Services Performed with Pride
, `"tom
RS
can confirm that he rides his bike everywhere, messenger bag on his back, lit up with multiple
flashing lights while asking unprotected cyclists where they've placed their bike helmets!
City of Sisters (Community Development and Public Works Departments) - Big Chainrinq
Award for Public Agency
These two public departments demonstrated outstanding work in the past year improving the
safety of bicyclists, pedestrians, and drivers in the City of Sisters. Their work is a testament to
their commitment to improving cycling and walking in Sisters and warrants recognition.
Specific projects include the design and implementation of:
1. A significant program of sidewalk infill, especially in front of the Sisters Elementary School
and in nearby residential areas
2. A separated and paved 1-mile multi-use pathway along the north side of Highway 242
between Hood Street and Barclay Drive, which is a critical link between most residential areas
and the Middle School, and then extending that another quarter mile toward Sisters High
School.
3. A one-half mile paved Whychus Creek trail between the downtown core and Five Pines
resort which provides both a recreational path and an important pedestrian and cycling link
between these two high use areas - a link that includes the Sisters Creekside Park and the
Sisters Overnight Park and avoids US 20.
4. Of an extensive program of new sidewalks in much of the downtown commercial core,
including nearly 100 spaces of innovative back-in diagonal parking, a safer alternative for both
drivers and cyclists.
Lastly, with support from the Sisters School District, the City obtained a very large grant to
implement an ambitious Safe Routes to School Program, which will be implemented over the
2010-11 school year.
Old Mill District - Big Chainrinq Award for Business
The Old Mill District encompasses approximately 270 acres along the Deschutes River in Bend.
Working closely with the Bend Parks and Recreation District, the property was developed with a
network of walking and biking trails so that the community could fully enjoy the natural beauty of
the area. These trails provide connectivity to the greater trail network of the area and consist of
four loops that range from 1 to 2.4 miles each. Each loop is color coded and lined by lighted
bollards that provide directional information. Many of these bollards hold memorial plaques to
commemorate local individuals that have contributed in a significant way to Bend, or are
involved in the land's timber history. In addition, the Old Mill District will be adding large
interpretive signs featuring historic photos and information about the land's logging and timber
mill history. Those who use the trails can enjoy beautiful landscaping and natural areas, while
learning historical information at the same time.
For more information about the annual Big Chainring Awards, please contact Deschutes County
Associate Planner Cynthia Smidt at (541) 317-3150.
TE
< Bicycle and Pedestrian Advisory Committee
e
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Media Release: 2010 "Big Chainring" Awards
Call for Nominations
The Deschutes County Bicycle and Pedestrian Committee seeks nominations from the
public for deserving individuals, businesses, and agencies to be recipients of the annual
Big Chainring award. Since 1996, the award recognizes those that have made a
significant contribution towards:
• Improving bicycling and walking conditions in Deschutes County
• Encouraging children or adults to walk and ride their bikes
• Making Deschutes County communities healthier and happier
The Committee also includes the Peter Hanson Memorial Award for individuals in the
community that have provided outstanding voluntary contributions. Peter was a
Committee member that lost his battle with cancer in 2005. While only a resident since
2003, his presence was felt (and is still missed) in many volunteer efforts in Central
Oregon including:
• Serving on the Deschutes County Bicycle/Pedestrian Committee
• Trail building work parties with COTA, USFS, and the BLM
• Leading Naturalist tours for the USFS
• Tree planting for Arbor Day and weed pulls, brush clearing and burning at the
Metolius Preserve
• Litter removal/streamside improvements on area rivers
Peter also started the "Let 'em Slide" Wanoga Snow Play Park fund, which was a
community-based fund-raising effort aimed at assisting the U.S. Forest Service in
building the tubing/play area just east of the existing Wanoga Sno-Park on the way to
Mt. Bachelor.
The County Bike and Pedestrian Advisory Committee discusses nominees during April
then selects the winners at its May meeting. Typically, the awards are presented during
Commute Options Week in June. Nomination forms can be obtained on the
Committee's website at www.co.deschutes.or.us/cdd/bikeandped. Please submit the
nomination(s), including a brief description of the nominee's accomplishments on the
official form by Friday, April 12th to:
Cynthia Smidt
Deschutes County Planning
117 NW Lafayette
Bend, OR 97701
cYnthias(cDco.deschutes.or.us
Quality Services Performed with Pride
Past winners include:
2009: John Rahm - "Peter Hanson Memorial Award", J.C. Lizza, Cascade Couriers,
Bend-La Pine School District
2008: Kim Curley, Sunriver Police Department Bicycle Patrol
2007: Jeff Sims - "Peter Hanson Memorial Award", Strictly Organic, Cheryl Howard
2006: Jerry Norquist - "Peter Hanson Memorial Award", Shevlin Commons (Andy
Crosby), Bob Woodward
2005: Jani Sutherland, Eurosports (Brad Boyd), Bureau of Land Management (BLM)
Recreation Staff, The Oregon Bicycle Ride - Sandy Green (Chairperson)
2004: Village Bike Shop, Phil Meglasson (Special Achievement), Sisters Trail
Committee, Beth-Ann Wesley, City of Bend Street Crew
2003: Jeff Monson, Hutch's Bike Shop, Karen Swirsky (Special Achievement), Bend
Police Dept.
2002: Brooks Resources, County Road Dept., US Forest Service
2001: Deborah Hogan, Al Dertinger, Bend Public Works, Royal Blend
2000: Muffy Roy, Steve Jorgensen, Dr. Ted Ford, The Central Oregon Trail Alliance
1999: Reid Seastrand, Dick Johnson, Bend Parks and Rec. Dept.
1998: Rick Root, Partnership for Pilot Butte, and The Foot Zone
1997: Tennant Developments, Mt. Bachelor Inc., City of Bend Planning, Redmond
Canyon & Bicycle/Pedestrian Committee
1996: Sunnyside Sports, St. Charles Medical Center, Dale Allen, John Schubert
Big Chainring Award Nomination
Big Chainring Awards have been given annually since 1996 by the Deschutes County Bicycle
and Pedestrian Advisory Committee (BPAC) to honor individuals, businesses, organizations, and
agencies that have made extraordinary efforts to advance bicycling and walking in Deschutes
County. The Committee also has the Peter Hanson Memorial Award for an outstanding
volunteer individual. Peter was a Committee member who lost his battle with cancer in 2005;
although he was only a resident of Deschutes County since 2003, his presence was felt in many
Central Oregon volunteer efforts.
Nomination Category
Public _ Commercial _ Nonprofit _ Individual _ Peter Hanson
Agency Business Organization Memorial
I want to nominate:
Nominee's
Address:
Nominee's
Phone:
Nominee's
Email:
Please describe how the nominee has advanced bicycling and/or walking in Deschutes County.
Feel free to submit additional material on the reverse side.
Submitted by:
e-mail:
Date:
Return by April 12, 2010 to: Cynthia Smidt, Deschutes County Community Development Dept., 117
NW Lafayette Ave., Bend, OR 97701; 541-317-3150; fax 385-1764; cynthias(i~co.deschutes.or.us
h-.%
"A
Bicycle and Pedestrian Advisory Committee
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
NEWS RELEASE
Bend, Oregon
MEDIA CONTACT:
Cynthia Smidt, (541) 317-3150
June 2, 2010
County Businesses Recognized June 21 with Safe Sidewalk Awards
This past winter, eight Deschutes County businesses "cemented" their reputations for
providing potential customers and pedestrians with a slip-free environment. On June 21,
the businesses will receive Safe Sidewalk awards from the Deschutes County Bicycle
and Pedestrian Advisory Committee (BPAC).
The "Safe Sidewalk Awards" w ill be presented at the Deschutes County Board of
Commissioner's Business Meeting held on Monday, June 21 at 10:00 a.m. The meeting
will be held in the Barnes and Sawyer rooms of the Deschutes County Services Center
at 1300 NW Wall Street in Bend.
BPAC accepted public nominations for businesses that not only followed, but also
exceeded the legal requirements of keeping their sidewalks safe and clear this past
winter. Each year, the award serves as a positive reminder to businesses that promptly
removing snow and ice from sidewalks helps ensure the safety of pedestrians and helps
to attract customers.
2009-2010 winners include:
City of Bend Businesses
Bend Plan Center
High Desert Fitness
Interior Flooring Solutions
The Old Mill District
US Bank at NE 3rd & Olney
City of Redmond Businesses
Downtown Urban Renewal Advisory Committee
Quality Services Performed with Pride
.--r CC
4:
2010 Safe Sidewalks Awards Cont'd
PAGE TWO
City of Sisters Businesses
The Sisters Market
Tollgate Property Owners Association
City of La Pine Businesses
No nominations received
For more information about how to nominate a business for a BPAC Safe Sidewalks
Award next winter, please call the Deschutes County Community Development
Department at (541) 317-3150.
Deschutes County Government provides for the safety, security and health of Deschutes
County's 167,000 citizens through public safety, human services, adult and juvenile corrections
and many other valuable public services. For more information, please go to
www.deschutes.org
•
PRELIMINARY STATEMENT FOR A
QUASI-JUDICIAL PUBLIC HEARING BEFORE
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
1. INTRODUCTION
A. This is a quasi-judicial hearing on planning staff's approval of a landscape
management site plan and property line adjustment to allow for the construction of
a detached garage/shop. The County File Number(s) are LM-10-17 and LL-10-
15.
B. On April 21, 2010, the Board initiated this review pursuant to DCC 22.28.050.
C. In these applications, the applicant requested approval of land use permits to
resolve a code violation (C-10-6). The detached garage/shop was partially
constructed by the applicant without benefit of necessary land use permits and the
location of the building does not meet-required setbacks. By Order No. 2010-029,
the Board voted to initiate review of the land use decisions.
D. The Board takes notice of the record below and includes that record as part of
the record before us.
II. BURDEN OF PROOF AND APPLICABLE CRITERIA
A. The Board's review will be on the record and will be to decide whether or not the
record before the Board demonstrates that the staff properly interpreted county
code provisions applicable to the applications.
B. The standards applicable to the applications are:
Chapter 18.60, Rural Residential Zone
Chapter 18.84, Landscape Management Combining Zone
Chapter 18.116, Supplementary Provisions
Chapter 18.182, Minor Variance
Title 22, The Deschutes County Development Procedures Ordinance
ORS Chapter 92, Subdivisions and Partitions.
C. Failure on the part of any person to raise an issue with sufficient specificity to
afford the Board of County Commissioners and parties to this proceeding an
opportunity to respond to the issue precludes appeal to the Land Use Board of
Appeals on that issue. Additionally, failure of the applicant to raise constitutional or
other issues relating to the approval with sufficient specificity to allow the Board to
respond to the issue precludes an action for damages in circuit court.
III. HEARINGS PROCEDURE
A. Evidence to be reviewed by the Board.
1. The Board's decision on this application will be based upon the record
before the Staff and any oral legal argument presented at this hearing.
2 As detailed in Order No. 2010-029, the Board will allow oral legal argument
regarding the record but shall not allow new evidence to be submitted either
orally or in writing.
IV. ORDER OF PRESENTATION
A. The hearing will be conducted in the following order.
1. The staff will give a report.
2. The applicant will then have an opportunity to present oral legal argument.
3. Proponents of the proposal then the opponents will then be given a chance
to present oral legal argument.
4. The applicant will then be allowed to present rebuttal legal argument but
may not present new evidence or other testimony.
5. At the conclusion of this hearing, the staff will be afforded an opportunity to
make any closing comments.
6. The Board may limit the time period for presentations.
B. Continuances
1. The grant of a continuance shall be at the discretion of the Board.
2. If the Board grants a continuance, it shall continue the public hearing to a
date certain.
3. If the hearing is continued, no new evidence, either orally or in writing, may
be allowed.
V. PRE-HEARING CONTACTS, BIASES, CONFLICTS OF INTERESTS
A. Do any of the Commissioners have any ex-parte contacts, prior hearing
observations; biases; or conflicts of interest to declare? If so, please state their
nature and extent.
2
B. Does any party wish to challenge any Commissioner based on ex-parte contacts,
biases or conflicts of interest?
(Hearing no challenges, I shall proceed.)
(Staff Report)
L_
~M
-40
a
t~-vim---?,~ --s- -
~ t
-/-;~'l ~ ~ fit/ G~
INTERNATIONAL
CODE COUNCIL'
he protection of life, health anti property is a solemn responsibility of
the hiah.est order. Pecoonizing, the public's trust bestowed upon
individaaals enoaaed in the administration and enforcement of
building codes, the International Code Council advocates commitment
to a stand.a.rd of professional behavior that exemplifies the highest ideals
and principles of ethical cc-induct. The governing concepts embodied in
this Philosophy a:re characterized herein below, for the benefit and
u.i.cla.r ce -'those so en-&5ed, and for the enlightenment of the public so
-0 -0
serve.d..
21he Individu a sill:
.1-1 lace the public's -~:velfare abo7e all ::tiler interests and
'recognize fiat the ch'lei function of 6o7ernrnent is to sesame
the best interest of all the people.
jjI I ernonsr.ratre i~ileority, hon_esr-v and fairness in all
transactions and conl.tan' 1y strive for excellence in all
matters of e`ihica.l conduct
ecognize the continuing need for developing irnpro`ved
~ sa'ti eiy.
cam,..:
a1 tain professional competence in all areas of
r,
employment responsibility and enccurage the same fo all
all .
associates at ail ie , aIs.
ccept no personal faw- rs fG_r public services, Tendered and
aconscien.tious?7 avoid a_1 clrcu, i. stancLs that could
cc_-npro ise professional integrity
60663 River Bend Dr.
Bend, OR 97702
June 14, 2010
Tammy Baney
County Commissioner
1300 NW Wall Street, #200
Bend, OR 97701
Re: Eitel Structure
60630 River Bend Dr.
Bend, OR 97702
Terrapin Builders
Dear Tammy:
I received a copy of the letter of March 12, 2010, to you from a neighbor, Marty Fraser,
who lives at 60626 River Bend Drive. I am not sure why the letter was directed to you,
but apparently you had spoken with Marty Fraser about a matter of concern to some in
our neighborhood. The issue concerns a structure built by Matthew and Clara Eitel and a
Public Hearing will be held on June 21 on the matter.
Dalyte and I will be out of state on the day of the Public Hearing; otherwise we would
attend the hearing. Thus, I am sending my perspective on the issue to you via this letter.
(1) I do not have a vital stake in this matter; the properties are not adjacent to mine;
(2) However, the parties who are building the structure must abide by the building
codes and must obtain the proper permits;
(3) The builders must represent accurately the nature of the structure and its intended
purposes;
(4) The parties involved in this matter should negotiate a fair agreement.
Our neighborhood on River Bend Drive has been free of conflict in the eight years we
have lived here, and I would like to see it continue that way.
Thank you in advance for your attention to this situation. And, by the way,
congratulations on the recent election. I will likely see you at a League of Women Voters
candidates forum later this year.
Sincerel ,
Don M. Hartsough
C Es W E 21
1 6 2010
0
r r) fJU.
BOARD OF COMMISSIONERS
ADMINISTRATION