2010-2756-Minutes for Meeting July 14,2010 Recorded 7/26/2010DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2010-2756
RECORDS
CLERK Q U vd 2000'2756
07/26/2010 08:44:41 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
-T E
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 149 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Laurie Craghead, County
Counsel; Nick Lelack, Peter Gutowsky and George Read, Community
Development; Tom Blust, Road Department; Judith Ure, Administration; and six
other citizens, including a representative of the media.
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 Consideration of Signature of Document No. 2010-
481, an Operating Agreement regarding the La Pine Community Kitchen.
Andrew Spreadborough of the Central Oregon Intergovernmental Council and
Judith Ure gave a brief overview of the item.
BANEY: Move authorization of County Administrator's signature of the final
document when prepared.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 1 of 6 Pages
3. Before the Board was Consideration of Second Reading and Adoption of
Ordinance 2010-014, a Text Amendment to Specify and Distinguish
Conformance to Performance Standards for County Roads and State
Highways.
Ms. Craghead indicated there have been no changes from the first reading.
BANEY: Move second reading by title only of the Ordinance.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke conducted the second reading, by title only.
BANEY: Move adoption.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
4. Before the Board were Deliberations and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinances No. 2010-
024 and 2010-025, relating to Destination Resort Map Amendment
Procedures, Goals and Policies.
Peter Gutowsky indicated that the Ordinances are ready for signature if the
Board approves. There is a 21-day appeal period after adoption by emergency.
Ms. Craghead said that unless someone gets a stay from LUBA, it is in effect.
BANEY: Move first reading of Ordinance No. 2010-024, by title only.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke did the first reading of Ordinance No. 2010-024 at this time, by title
only.
UNGER: Move first reading of Ordinance No. 2010-025, by title only.
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 2 of 6 Pages
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke did the first reading of Ordinance No. 2010-025 at this time, by title
only.
Discussion then occurred at length regarding ramifications of not doing a
second reading at this time. Peter Gutowsky said that if there is a second
reading in two weeks and it is not adopted by emergency, the timing would be
that the Ordinances could not be administered until 2011. Therefore, the
mailing that was planned in conjunction with the tax bill could not take place.
Ms. Craghead said that it would then be September 2011 and hearings would
not take place until 2012, beginning with the Planning Commission.
If there are any changes to the wording between first and second readings, the
Chair would have to read those changes out loud at the time of the second
reading.
Mr. Gutowsky said that if the Ordinances are not adopted by emergency,
applications would have to be submitted in early September but the mailings
would not take place until the fall of 2011.
Discussion occurred regarding amending the language of one of the Ordinances.
The Board had a brief recess while Commissioner Baney met individually with
County Counsel to discuss the issue.
BANEY: Move second reading by title only, with the Chair reading the
deletion of an addition of a provision in the Ordinance. This has to
do with a cluster development approved before 1990 with at least
50% open space.
Dialogue followed. Commissioner Baney said that her reasoning is that anyone
who is currently mapped should be allowed to apply to remain mapped. All
they have to do is signify that they think they have the ability to do so. Whether
there are legalities involved, this is outside of the purview of the Ordinance and
they can pursue it through normal channels. She feels that this should be
allowed to play itself out.
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 3 of 6 Pages
Ms. Craghead said that this would be an exception to the provision not allowing
subdivisions to apply. Commissioner Luke stated that they are not the property
owner in the cluster development issue.
Commissioner Baney stated that the deed restrictions and CCR's are legal
documents and that this situation should be allowed to proceed, and the
applicants should be allowed the opportunity able to apply and work through
this issue.
Ms. Craghead said that they would have to show that they are authorized by the
property owners to apply. This often happens in the case of easements or a
lease. It is up to them to be able to prove they have this ability. If platted
subdivisions are excluded, however, this would remove the ability to apply.
Mr. Gutowsky stated that there is an ineligibility criterion listed at the same
time they have a section that said if there is a minimum of 160 acres that can be
combined, that could be eligible. They may not be adequately able to determine
if the cluster development has standing through CCR's and deed restrictions.
They would have to try to make their case. The Board could adopt Ordinances
to carve out the issues that are not controversial, and have an individual
Ordinance that goes through the legal process as it progresses.
Ms. Craghead clarified that an existing platted subdivision may be included, but
not any new ones.
Mr. Gutowsky said that it will take a legislative process and could be back
before the Board in some form in a year. The application can be accepted but it
is subject to appeal. Staff will not be determining ownership. Commissioner
Baney feels that the process needs to be followed and she does not want to write
policy to exclude one property that is currently eligible. This will give them the
right to go through the process like any other potential applicant.
Commissioner Unger feels that this is not something he can support at this time.
The motion died for lack of a second.
The second reading is scheduled for consideration at the afternoon work
session on Wednesday, July 28, 2010.
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 4 of 6 Pages
Before the Board was Consideration of Approval of the Consent Agenda.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
5. Approval of County Administrator's Signature of a Space Use Addendum with
Kemple Memorial Children's Dental Clinic
6. Approval of Minutes:
. June 21 and July 7 Business Meetings
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$12,558.15.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,281.69.
BANEY: Move approval, subject to review.
UNGER: Second.
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 5 of 6 Pages
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,028,116.69.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
10. Before the Board were Additions to the Agenda.
None were presented.
The meeting adjourned at 10:50 a. m.
DATED this
Commissioners.
ATTEST:
14th Day of July 2010 for the Deschutes County Board of
1"ee. ~C
ennis R. Luke, Chair
Recording Secretary
Oa4't- Alan Unger, Vice Chair
Tammy Baney, Commi Toner
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 6 of 6 Pages
Trumba Calendar Email
Bonnie Baker
Page 6 of 6
From: MBHAY1@aol.com
Sent: Thursday, July 08, 2010 5:18 PM
To: Board
Subject: Aspen Lakes hearing-July 14,2010
Commissioners Baney, Luke and Unger
The economy and jobs are critical elements for the
survival of Sisters Country and Deschutes County. I
encourage you to consider the contribution Aspen Lakes
makes to our local economy. Employing over 100 people,
many who are seasonal, and an annual payroll of
$1,20000001 I consider this facility important to our
region. Moreover, the impact that Aspen Lakes
amenities has to the entire community of Sisters is.
immeasurable. Our tourist based economy benefits
substantially from a world renowned golf course that
helps to bring in visitors from out of our region who
shop in our stores, eat in our restaurants, and
hopefully, move their families and businesses to Central
Oregon.
I am asking you to include Aspen Lakes in the mapping
for a destination resort, applying all the County
requirements, zoning and codes, for passage at your
July 14th meeting.
I have been closely involved with recruiting businesses
7/9/2010
Page 2 of 2
to Sisters Country the past two years and feel your
support of this potential destination resort is crucial to
our economic survival.
Thank you for your consideration of this project.
Mac Hay
PMB 8272
PO B 8000
Black Butte Ranch, OR 97759
7/9/2010
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., WEDNESDAY, JULY 149 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. CONSIDERATION of Signature of Document No. 2010-481, an Operating
Agreement regarding the La Pine Community Kitchen - Judith Ure,
Administration
3. CONSIDERATION of Second Reading and Adoption of Ordinance 2010-
014, a Text Amendment to Specify and Distinguish Conformance to
Performance Standards for County Roads and State Highways - Peter Russell,
Community Development
4. DELIBERATIONS and Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinances No. 2010-024 and 2010-025, relating
to Destination Resort Map Amendment Procedures, Goals and Policies - Peter
Gutowsky, Community Development
CONSENT AGENDA
5. Approval of County Administrator's Signature of a Space Use Addendum with
Kemple Memorial Children's Dental Clinic
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 1 of 6 Pages
6. Approval of Minutes:
• June 21 and July 7 Business Meetings
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-11 County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
10. 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 Wednesday, July 14, 2010
Page 2 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)
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)
Tuesday, July 20
1:30 p.m. Joint Meeting with Commissioners from Crook and Jefferson County regarding a
Regional Health Authority Proposal - Middle Sisters Building, Fairgrounds
Wednesday, July 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 Wednesday, July 14, 2010
Page 3 of 6 Pages
Tuesday, Au ug st 3
10:00 a.m. Interview Sisters Area Planning Commission Candidates (tentative)
Wednesday, August 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 5
10:00 a.m. Interview Sisters Area Planning Commission Candidates (tentative)
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)
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 4 of 6 Pages
Monday, August 30
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)
Thursday, Sep
tember 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 - COIL, 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
Board of Commissioners' Business Meeting Agenda Wednesday, July 14, 2010
Page 5 of 6 Pages
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)
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 Wednesday, July 14, 2010
Page 6 of 6 Pages
Page 1 of 1
Bonnie Baker
From: Paul Dewey [pdewey@bendcable.com]
Sent: Monday, July 12, 2010 9:06 AM
To: Board
Subject: Destination resort mapping amendment
Dear Commissioners:
I am writing to request that you consider further the new language brought to you at the last meeting on this
issue. The language allowing cluster developments to remain on the destination resort map when other
subdivisions are being removed does not make sense for several reasons:
1. The proposed qualification of the cluster development not having less than 50% open space is misleading and
meaningless. There is no such thing as a cluster development with less than 50% open space. DCC 18.128.200
(B) requires preservation of 65% open space.
2. The reason for the requirement of so much open space is that the developer is allowed to build at a greater
density than otherwise allowed in the zone. If you allow conversion to a destination resort, that open space on
which residents and neighbors relied in purchasing their property and choosing where to live can be reduced by
15% (since destination resorts require only 50% open space). The developer gets a windfall with the greater
development up front and then additional units on some of the open space, the County policy and rules for
allowing cluster developments are compromised and the expectations of the hundreds of residents and neighbors
on what open space would be maintained are unnecessarily violated to benefit a few people (who have already
reaped the benefits of the cluster development).
3. From a policy perspective, out of all the different kinds of subdivisions, cluster developments should be the last
consideration for conversion to a greater intensity of development to a destination resort.
Out of fairness to all, treat everyone the same and exclude all subdivisions. No special exceptions to benefit a
few, please.
Thank you for your consideration.
Paul Dewey
Paul Dewey Attorney at Law
1539 NW Vicksburg Ave.
Bend, OR 97701
541-317-1993
pdewey@bendcable. com
IMPORTANT NOTICE: This message is intended for the use of the person or entity to which it is addressed and
may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the
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intended recipient, you are hereby notified that any dissemination, distribution or copying of this information is
STRICTLY PROHIBITED. If you have received this message by error, please notify us immediately and destroy
the related message. Thank you.
7/14/2010
ORE NLAN
V N A - N S
July 6, 20 10
Deschutes County Commission
1300 NW Wall St.
Bend, OR 97701
Re: Ordinances 2010-24 and 2010-25
Dear Commissioners:
I have been informed that the Board is considering the adoption of ordinances which may
.remove destination resort overlay zoning from a number of properties in Deschutes
County. I write to urge the Board to not alter its destination resort maps at this time, and
ask the Board to consider the applicability of Measure 49 when rendering its decision.
As the Board knows, Measure 49 provides property owners with a cause of action against
a county government if the county adopts a new land use regulation which limits or
prohibits a currently authorized residential use of private real property. I believe that
Measure 49 applies to the ordinances currently before the Board. In other words, I
believe that a court interpreting Measure 49 would hold that the County is obligated to
either 1) compensate a property owner for a reduction in the fair market value of their
property attributed to the removal of the destination resort overlay, or 2) waive
enforcement of that regulation to allow the property owner to site the resort. The State's
Legislative Counsel's Office concurs with this interpretation of Measure 49.
I realize that Deschutes County Counsel does not believe that the adoption of the
aforementioned ordinances is subject to Measure 49. This appears to be a minority view,
although it is certainly plausible. At this point, I do not believe that any Oregon court has
resolved this issue. I fail to understand why Deschutes County would choose to be the
"guinea pig" for such a test case.
Given the lack of current demand for new destination resorts, coupled with the Oregon
legislature's persistent meddling in the issue, there seems to be no immediate need to
impose further limitations on Deschutes County property owners at this time. I hope that
the Board will reject the two proposed ordinances at this time.
Ver T : ly urs,
David J. unnicutt
President
Mailing Address: P.O. Box 230637 • Tigard, OR 97281-0637
Street Address: 11735 S. W. Queen Elizabeth Street, Suite 101 • King City, OR 97224
(503) 620-0258 -FAX(503) 639-6891 • website: www.oia.org
