2010-2922-Minutes for Meeting October 13,2010 Recorded 11/3/2010COUNTY OFFICIAL rl
NANCYUBLANKENSHIP, COUNTY CLERKS w 2010'2722
COMMISSIONERS' JOURNAL 11/03/2010 02;16;28 PM
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Deschutes County Clerk
Certificate 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
WEDNESDAY, OCTOBER 13, 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; Erik Kropp, Deputy
County Administrator; Charity Hobold, Parole & Probation; Sara Johnson,
Children & Families Commission; Charity Hobold, Parole & Probation; Tom
Anderson, Nick Lelack and George Read, Community Development; Laurie
Craghead, County Counsel; media representative Hillary Borrud of The Bulletin;
and approximately twenty other citizens.
Chair Luke opened the meeting at 10:10 a. m.
1. Before the Board was Citizen Input.
James Gindlesberger made a statement regarding wedding events on farm
ground. The Courts and County said they are not allowed, but new websites are
popping up all the time, advertising them locally. Three weddings were held at
a nearby property recently, and he had to call the Sheriff due to the noise. If
there is a violation, they should be required to cite. He lives 700 feet away, and
feels there should be a citation issued no matter what time of the day it occurs.
2. Before the Board was Consideration of Chair Signature of Document No.
2010-651, a Community-defined Solutions to Violence against Women
Grant Award through the Department of Justice.
Sara Johnson and Charity Hobold gave a brief overview of the item. The grant
is for two years.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 1 of 10 Pages
BANEY: Move Chair signature
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Chair Signature of Document No.
2010-654, a Safe Havens - Supervised Visitation and Safe Exchange Grant
Program through the Department of Justice.
Gail Bartley, program manager for Saving Grace and Mary's Place, provided a
brief explanation of the programs and the grant. Ms. Hobold added that there
were over 1,600 safe exchanges and visits conducted last year.
BANEY: Move Chair signature
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
4. Before the Board was a Public Hearing and Consideration of Approval of a
Fee Waiver Request regarding a Text Amendment Allowing Commercial
Events on Land Zoned Exclusive Farm Use (Applicant: Brown).
Tom Anderson gave an overview of the item, which includes a request for a
County-originated text amendment of this proposed Code change. Ms. Brown
was found guilty of four Code enforcement offenses. This is a major text
amendment which involves a cost of $10,000. The fee waiver request that came
in does not technically meet the requirements, as the request would have to
come from a nonprofit and also be for public benefit.
In the current year work plan, there is already an item to take up this issue, but
practically the department would not be able to address this until spring. There
are also State initiatives underway, with a task force working on this issue at a
statewide level, with a legislative concept to possibly be introduced in 2011.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 2 of 10 Pages
This is not a land use issues. However, notice was sent to over 100 individuals,
including those who provided testimony in the past and those that were directly
involved in the issue. Four items of correspondence have been provided during
the past month (copies of which are attached).
Commissioner Luke asked Laurie Craghead for clarification, since some people
want to talk about events specifically and not the fee waiver process. Ms.
Craghead stated there is no application before the Board so they could take
testimony, although it was publicly noticed just for the fee waiver. If any came
to a quasi-judicial application at some point, this would have to be put on the
record.
Commissioner Baney said that she would like to address just the fee waiver.
There will be an opportunity to discuss the larger issue at another date.
Commissioner Unger agreed. Ms. Craghead stated that it might be difficult to
separate the issues, as the fee waiver will be closely tied to events.
Commissioner Baney stated that she wants to be sure that the issue of fee
waivers is not lost in the conversation since it has broader ramifications than
just events. Commissioner Luke said that the Director of DLCD and others
were at a meeting he attended, and it was a main item of discussion. He would
like the staff recommendation put on the record at this time. Some issues being
discussed are not yet defined at the State level.
Commissioner Baney reminded the Board that this is on the work plan, and a
work session to decide if this needs to be broken out would be helpful.
Mr. Anderson said the Board could decide the fee waiver request and direct
staff to start working on the amendment immediately. As part of that, the
Board could request the applicant be directed to propose specific language to
help staff start that work. The Board could also modify the request and meet
the applicant half-way regarding the fee.
Or, the Board could deny the fee waiver request and the applicant could move
forward by paying the fee. The Board also could deny the request and direct
staff to proceed with the item in the work plan. This is actually the staff
recommendation. Staff remains neutral in this issue regarding commercial
activities on EFU land. His recommendation comes from a logistical and
practical standpoint.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 3 of 10 Pages
Commission Luke stated that the LCDC's main concern is the impact of
wineries. It is hard to know where or when the legislature will do anything, and
if so, what.
Mr. Kanner stated that the applicant could submit an application, which would
be processed in a normal way.
Leslie Katrinas asked that the Board refuse the request. She said she has a
financial hardship herself. Public safety should be part of the request as well.
If this is approved, precedence would be set.
Harry Katrinas asked the Board to please deny the request. They were found
guilty on one count against Code, then pleaded guilty on the other three, and the
Court waived the fine. This was not a good use of County time.
James Ginglesberger stated that he is opposed. Country Gatherings paid a fee
previously, but benefited greatly in the long run. Ms. Brown has gotten a lot of
business illegally, and has earned enough out of these ill-gotten gains. There is
no financial advantage for the County to allow this to continue.
Gladys Biglor said that there should be additional letters in the file that were
presented previously. She did not receive notice of this particular meeting. She
hopes that the Board will deny the request if for no other reason than she was
not notified. She believes there are better uses of taxpayer money, so the Board
should deny this request.
William Kuhn wanted to give testimony on both sides, regarding the intent. He
finds it very upsetting that it has gone so far. Both the Dowells and Kuhns will
be very interested in how this is decided, as there are numerous things on
Sisemore Road that should have been but never were corrected by the County.
He feels item 2 and item 4 can be tied together.
Paul Dewey of Central Oregon LandWatch, asked to talk about the broader
subject as well as the fee waiver. It does not meet the criteria on its face as a
waiver. At a minimum, the applicants should conform to requirements or the
rules don't make a difference. There seem to be a lot more coming up right
now, and it would be most fair to conform to a set criteria.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 4 of 10 Pages
Mike Duggan of Terrebonne said that he has tried to have a pumpkin patch and
other farm activities, and a farm stand. He wanted to change the existing
structure to comply with the rules, but it would have cost him too much.
Lisa McDonald stated that it is a complicated issue and very difficult for all
parties, including those who want to do some good for the County. She feels it
is critical that Deschutes County address this issue quickly and not put it off.
Whatever happens, pro or con, needs to be done in the best interest of the
County. The Board needs to get off the fence and make a decision one way or
another.
Commissioner Luke said that this is not just about weddings. It is about non-
farm commercial events held on EFU ground. Other counties have allowed
certain things. If it was just about weddings, there could be more of a
consensus. Going to State meetings shows him that there are all kinds of
counties and Commissioners who cannot agree on this issue. Personally, he
feels that direction needs to come from the State. Guidelines are needed.
Everyone can find something that supports their point of view, but those in
other areas will say that it is not allowable. This issue needs higher direction.
Anything the Board decides is likely to be appealed and may go to LUBA or
beyond. However, if no one charges a fee, they can do just about anything.
Ms. Craghead said that paintball facilities got in as private park facilities, but
most are in the middle of nowhere and were approved for that reason. A
separate use cannot be established for weddings.
Ms. McDonald stated that this needs to be fair to all the citizens. The trickle
down effect of the money made for these events is about $4 million a year
locally. If there was a specific business asking for this, the economic impact
would be clear and encouraged.
Connie Cyrus of Sisters observed that there is so much confusion and no one
seems to know what to do. She feels the waiver should be given for that reason
alone. It was done in a straight-forward manner and in good faith. Some work
well and others do not work well at all. She added that she did not receive
notice of this meeting.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 5 of 10 Pages
Pam Hardy of the 1,000 Friends of Oregon concurred with some of the
comments, especially that this issue does need resolution and clarity. She does
not think this is a good time for a fee waiver for a text amendment since there is
legislative activity. She recognizes that farmers are in a tough way and need to
be creative, but there are a lot of conflicts to resolve.
If the County spends a lot of resources right now, all of that work could be for
nothing. However, the applicant has a strong private need for this to be in place
before summer.
Mr. Duggan asked if Counsel has looked at using temporary conditional use
permits that would allow them to proceed. Commissioner Luke replied that this
would be a land use action and subject to appeal, which could tie it up at LCDC
and other places.
Mr. Duggan said he would like to see something allowed with limits until the
issue is resolved. Events are allowed on his property per a conditional use
permit issued years ago, but events were never defined. Commissioner Unger
observed that this probably covers farm events on farm land, but are weddings a
part of this. Commissioner Luke said that this is a statewide discussion.
Commissioner Luke said that there is no legislation proposed; just a concept
that the DLCD may review. Commissioner Baney stated that they probably
will not render any clarity, and ag tourism has a lot to do with wineries. This
may not provide any clarity to the County's situation.
Commissioner Luke said that fairgrounds and destination resorts that don't get
farm subsidies are directly impacted by this type of competition.
Commissioner Unger added that the counties are very different, and it is hard to
develop something that fits all. State law is meant to provide guidance. It is
frustrating when you don't know what path to follow. In terms of what was
done in the past, there was a plan initiated but it did not create a solution.
Committees are working through this but it is not moving that fast. He would
like to try to find a county-supported solution that deals with a commercial use
and create a specific solution for this issue.
Mr. Kuhn said he is not specifically addressing the waiver but the broader
discussion. If he did not live in the winter deer range, he would appreciate
knowing that his neighbor is going to hold an event. If the neighbor wanted to
rent his indulgence, for $100 he'd take the family somewhere for the day.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 6 of 10 Pages
What this has to do with is the inconsideration of neighbor to neighbor. He
would indulge a wedding for the day. They should make sure the neighbors
sign off on the event first.
Commissioner Luke stated that the County does not want to shut down
weddings. The neighbors started the complaints. These were held for a long
time but no one complained. When someone did, the County had to act.
Commissioner Luke closed the meeting to oral testimony but wanted to
continue to get relevant letters or information. Ms. Craghead said that public
rules apply in any case. The Board needs to clarify whether more input is
needed from staff or if more public information would be accepted.
Commissioner Baney said that she sees the waiver and the other items as
separate. She is ready to make a decision on the fee wavier. Commissioner
Unger agreed.
BANEY: Move denial of the request for a fee waiver.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Commissioner Unger said that the parties can pay the fee and request an
amendment. In the meantime, there will be meetings and discussions on how to
address the bigger issues.
Commissioner Baney noted that the County is deep into the comprehensive plan
update, which is very complicated. She asked Community Development how
this fits into their work plan. Commissioner Luke added that what with the
destination resort remapping, the comprehensive plan update and other major
issues, it would be nice to know how they are all prioritized. The department is
short on staff and may want to make sure the priority is right.
Commissioner Unger said that he is interested in what the Planning
Commission and staff have come up with regarding the comp plan update.
Christen Brown, Chair of the Planning commissioner, said he was asked if he
would like to sit in on these discussions. Mr. Brown stated that he'd like prior
knowledge so that he can keep the Planning Commissioners advised.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 7 of 10 Pages
Nick Lelack stated that the first public hearing on the comp plan is in
November, and ag tourism is a part of it. The Planning Commission has
supported a draft that encourages this. Discussions will begin in a month to
define and determine what it means.
Commissioner Luke said that they should draft a Bill and see how it flies on the
other side of the mountains. This might force them to make a decision on what
it means to them.
Mr. Lelack stated that Jackson County has some other ideas. Commissioner
Luke added that Clackamas County is involved as well. Everyone deserves an
answer one way or another. It is not fair to keep everyone in limbo. This needs
to be decided perhaps at a local level to see where it goes from there.
Commissioner Luke also said that agricultural uses are subsidized. He fought
for use of farming land. Previously habitat went away when it shouldn't have.
But where does having weddings and motorcycle tracks fit into the farm land
issue? This needs to be changed at the State level, or at least they need to
provide direction.
Before the Board was consideration of approval of the Consent Agenda.
The Board indicated item #5 would be removed from the agenda, at the request
of the Finance Director.
BANEY: Move approval of the Consent Agenda, with the exception of item #5.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
5. Signature of Resolution No. 2010-118, Establishing an Imprest Account and
Credit Card for the Legal Department
6. Signature of a Letter Accepting the Resignation of Dr. Stephen Hamilton from
the Sunriver Service District Managing Board, and Thanking him for his
Service
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 8 of 10 Pages
7. Approval of Minutes:
• Work Session of October 1
• Department Heads Meetings: February 22
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District (two weeks) in the
Amount of $114,898.23.
BANEY: Move approval.
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
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District (two
weeks) in the Amount of $2,151.33.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County (two weeks) in the Amount of
$197469380.41.
BANEY: Move approval.
UNGER: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 9 of 10 Pages
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
11. ADDITIONS TO THE AGENDA
Being no further items addressed, the meeting adjourned at 11:35 a.m.
DATED this
Deschutes County
ATTEST:
G~ Day of 2010 for the
Board of Commissioners.
Recording Secretary
Dennis R. Luke, Chair
e~Z,4
Alan Unger, Vice Chair
I I
Tammy Baney, Co issioner
Minutes of Board of Commissioners' Business Meeting Wednesday, October 13, 2010
Page 10 of 10 Pages
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Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: October 4, 2010
TO: Board of County Commissioners
FROM Tom Anderson, Director
SUBJECT: Fee Waiver Request from Kelly Brown-Commercial Events on EFU
Background:
The issue of weddings and other commercial (for profit) events on land zoned Exclusive Farm
Use (EFU) has been an ongoing debate for the past several years. The County has pursued a
number of code enforcement cases on EFU properties during this time with the understanding
that these types of events are not an outright permitted use under existing county code. The
basis for this understanding is the Hearings Officer Decision on CU-91-59. Citations have been
issued in several cases, and the Deschutes County circuit court has agreed with the
interpretation of staff in issuing guilty verdicts with respect to these citations. It is ultimately
unclear whether State land use law currently permits counties to allow this use on EFU land,
although several counties have not been challenged in adopting local ordinances allowing
commercial events in varying forms. In late spring, 2009, Country Gathering Associates (CGA)
submitted a proposed text amendment (TA-08-9) to allow commercial events on EFU, and paid
the required application fee ($4,510 per the FY 08-09 fee schedule). Kelly Brown was part of
CGA and was the primary contact for the application. The proposal was heard by the Planning
Commission at three different hearings, alternative amendments were added for consideration,
and it was forwarded to the Board of Commissioners in summer, 09-10. There was extensive
testimony from both those in support of the proposal as well as those opposed. However, just
two days before the first public hearing of the Board on the proposal on July 15, 2010, the text
amendment application was withdrawn by CGA. The Board chose not to continue it as a
county-sponsored proposal after asking whether any other members of CGA were willing to
become the applicant.
Per the attached request, Kelly Brown (as an individual) has requested that a new text
amendment be developed, using the 2009 CGA proposal as a staring point, and beginning a
new deliberative process with first the Planning Commission and then the Board of
Commissioners. No formal text amendment application was submitted along with the waiver
request, nor was any new code language proposed, other than the reference to the draft
ordinance withdrawn previously.
Discussion Points:
The following points are important for the Board to consider in weighing the waiver request:
• The FY 10-11 Community Development Work Plan includes an item in the Planning
Division to "Initiate amendments to address commercial use of farm land". It is listed as a
`priority' item, meaning that while it is considered important, it would only be undertaken
as time allows. Due to other critical priorities, it is unlikely that staff would have initiated
the process until spring, 2011 at the earliest.
• A "Uses on Farm Land Task Force" is currently working on a legislative concept for the
2011 Oregon legislative session. The Association of Oregon Counties (AOC) has
proposed a framework/concept, which was generally well received by the task force.
Another meeting is scheduled and a revised concept will be presented at the annual
AOC meeting in November. It is presently unclear, however, whether the AOC
framework/concept would address this issue in Deschutes County.
• It is very likely that any proposal will be highly controversial, involving lengthy oral and
written testimony. It is also likely that any decision will be appealed.
• An adopted Deschutes County ordinance may serve as a model ordinance for statewide
consideration.
• Code Enforcement activity will continue as appropriate pending revisions to county code,
although it will continue to be difficult at times to distinguish between for-profit and
private events.
• In August, 2010, Kelly Brown was found guilty of one code enforcement citation for an
illegal commercial event. At the sentencing, her attorney (Dave Hunnicut) pleaded guilty
on her behalf on three additional pending citations. He asked the court to either suspend
or not impose a fine so that she could have funds available to pay land use application
fees in an attempt to amend Deschutes County Code with respect to commercial events
on EFU. The court imposed no fine on the citations to which the defendant pleaded
guilty. On the citation that was tried, the court imposed a $500.00 fine.
Requested Board Action:
Provide direction to staff from the following possible actions:
1) Accept the fee waiver request, and:
a. Direct staff to immediately begin work on a draft ordinance based on the
withdrawn 2009 ordinance proposal. If this is the Board's direction, staff seeks
clarity on whether the process should be re-started with the previous proposal or
a new proposal, and whether it should begin at the Planning Commission or
Board.
b. Require that the applicant develop draft proposed code language. It is assumed
that any new proposal will begin with the Planning Commission's review.
2) Same as 1), but require the applicant to contribute a portion of the application fees,
based on the circuit court decision cited above where no fines were imposed at the
request of the applicant so that funds would be available for land use fees.
3) Deny the fee waiver request, and:
a. Require that the applicant pay the current fee, which under the FY 2010-11 fee
schedule for a major text amendment is $10,000, in which case staff will begin
the deliberative process immediately, based either on the 2009 ordinance or new
proposed code language at the applicant's discretion;
b. Leave the item pertaining to commercial use of farmland in the FY 2010-11 work
plan, with the understanding that Planning staff will take up this item only if time
allows.
Staff Recommendation:
Although staff stresses that we are neutral with respect to expanded commercial activities on
EFU-zoned land, we recommend alternative 3)b, due primarily to current workload demands
of both staff and the Planning Commission. We propose however to remain directly involved in
statewide discussions on this issue, and would bring back for public, Planning Commission and
Board consideration proposed code amendments following the statewide process. In addition,
the fee waiver request does not conform to the criteria contained in Ordinances 2006-001,
2006-002 and 2006-003, which call for either a demonstration of financial hardship, there is no
immediate need for CDD's services to protect the public health and safety, and granting the
waiver does not create any long-term efficiency in code enforcement.
Submitted by KellyBrown:
Commercial events have occurred and continue to occur in rural areas
throughout Deschutes County. Regulation of these events is difficult at
present due to uncertainty over uses allowed in the County's rural zones.
Clarifying the language of the Deschutes County Code and creating a
process for regulating these events in advance of when they are scheduled
to occur will provide certainty to all rural property owners, and will help
ensure that events occur with proper county oversight, as opposed to the
current system, which relies on citizen complaints, code enforcement visits,
the issuance of citations, litigation involving the county, and possible fines
to property owners.
Dave Hunnicut and I discussed the options of starting a brand new Text
Amendment process verses picking up where the previous Text Amendment left
off. Below you will find Dave's thoughts on the matter and I concur.
"I believe it would be preferable for everyone involved to start the text
amendment process from scratch, rather than trying to pick up where you
left off last time. In the last year, the interest in resolving the issue of
commercial events in farm zones has greatly increased, and there has
been a considerable amount of work done on the issue by the Association
of Oregon Counties and the state agencies. None of these discussions
had occurred at the time that the Planning Commission last worked on this
issue, and I think they would benefit greatly from hearing directly from the
people involved in these meetings and having participation from those
groups. In turn, the Board of Commissioners would benefit from the
thorough effort and deliberations that the Planning Commission could
devote to the issue. If nothing else, I would hope that the County would
return last year's ordinance to the Planning Commission for further
consideration, with instructions that they have at least one meeting
where they invite. Richard Whitman and Art Schlack and find out about the
work going on statewide on this issue. This may or may not make the
Planning Commission reconsider its earlier draft."
Dave Hunnicut
„RE EIVED
0Y: YRu,
SEP 2 2 2010
DELIVERED BY:
Fee Waiver Request Form
Name of Organization: rQ L(J C;,Cow-)P
Address of
q
7-
city : p Aw ovik State: 1l2 Zip Code: C1 7 7 .
Type of Permit
[ ] Building $
[ ] Restaurant $
[ ] Other
[ Planning $
[ J Subsurface Sewage $
Total amount of Fee(s) requested to be waived: $ l ~i b
The applicant shall provide a written explanation of the request and explain why one or more of
the criterions stated below are satisfied. The request will be reviewed by the Community
Development Director and a response will be provided within ten business days.
Criterion that must be met to qualify for a Fee Waiver:
A. The applicant meets the criteria for indigency and at least one of the following conditions.
Indigence shall be established by the financial hardship process attached (refer to Affidavit of
Indigence and Request for Fee Waiver form).
1. There is an immediate need of the services to CDD to protect the applicant's or
public's health or safety.
2. Where granting the waiver will create a long term efficiency of a Code
Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary
hardship that could not have been anticipated in planning for and funding of the project;
and the fee waiver will benefit the community.
(NOTE: Community Services may be required by the CDD Director for some or all of
the waived fees.)
Fee W_aiv_er.P2licy..and.Form_January 2006,doc._,.._ a le 7
TO: Deschutes County Commissioners
Subject: Testimony in opposition to granting fee waivers for Kelly Brown.
13 Oct 10
1. Country Gatherings paid a fee for TA 08-9. There were 8 unknown members of
which Kelly Brown was one. The fee was approximately $4500. Her share
approximately $600. She is now asking for a $10,000 fee waiver. This is not
appropriate.
2. Monies paid for fees are for services rendered. I am sure if the county had a
better method of accounting it would shown that much more than the fee was
already spent.
3. In the last 2 years Ms. Brown had at least 10 weddings in violation of county
codes. Based on the amount she claims she charges per event ($2500) this totals
$25,000 of ill gotten gain. She has more than enough to pay for a new TA.
4. Ms Brown and country gatherings withdrew TA-08-9 and have no right to
further consideration on this matter.
5. In these hard financial times, when Dr Ed Whitelaw has already testified that
there is no financial benefit to the county for allowing these events, would you
even consider waiving a fee for a Text Amendment which will surely cost more to
process than even the $10,000 that you could collect.
ames Gindlesperger
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10/13/2010
Comments regarding a possible fee waiver for Kelly Brown for a Text
Amendment to allow Event Venues on EFU land.
Leslie Ketrenos
Bend, Or.
I urge the board to deny this request. If approved then I will be requesting a
fee waiver myself and believe I have as much right to one as she does. I
have a medical issue where medications alone cost over $500. Per month so
that is a financial hardship. I do believe there has to be proof and this is
very easy to document.
Next, I believe public safety is part of the process for fee waiver. What I am
proposing would be for the public's safety. A little drive through coffee
place for all those tired drivers on a busy highway. We all know the state
has rest areas that provide this service but there isn't any in this area... so a
nice little private park that offers such a service would be to the publics
health benefit...
The point I'm making is if you approve this request then what other requests
of fee waivers will you be opening the door for? Please don't set a
precedence, deny this request and save Deschutes County tax dollars for
uses that benefit many and not just a few.
Thank you for your time and consideration.
/"Z,: wx:~-::-
Comments regarding a possible fee waiver for Kelly Brown for a Text
Amendment to allow Event Venues on EFU land.
Harry Ketrenos
Bend, Or.
Please deny this request for a fee waiver from Kelly Brown. She voluntarily
removed her last text amendment from consideration. Deschutes County
Circuit Court found her guilty on one count of holding events against
Deschutes County codes. Ms. Brown's attorney then pleaded guilty on the
other 3 counts for the same violation. In return the court waived the fines
on those 3 counts and reduced the fine on the first count. This was to allow
Ms. Brown the money to apply for a TA or CUP. I feel the court already
rewarded Ms. Brown for breaking the law. By waiving the fee it continues
to reward someone that knowingly broke county codes for many years.
I urge the board to deny this request and not set a precedence of fee waivers
or reductions of fees that are to pay for services of staff time.
Thank you for your consideration.
I
xc,r,U
Page 1 of 1
Kathleen Stockton
From: Tom Anderson
Sent: Tuesday, October 19, 2010 11:25 AM
To: Kathleen Stockton
Subject: FW: Testimony Re; Kelly Brown Fee Waiver Request
Attachments: Brown letter re fee waiver.pdf
From: Dave Hunnicut [mailto:dave@oia.org]
Sent: Wednesday, October 13, 2010 9:48 AM
To: Board; Tom Anderson; Nick Lelack
Cc: 'Kelly Brown'
Subject: Testimony Re; Kelly Brown Fee Waiver Request
Commissioners:
Attached please find Kelly Brown's testimony in her fee waiver application. Thank you for your consideration of I '
Ms. Brown's request.
Dave Hunnicutt
President
Oregonians In Action
10/19/2010
ORE NIANS
L e g a I C e n t e r
October 13, 2010
Deschutes County Board of Commissioners
1300 NW Wall St.
Bend, OR 97701
Re: Kelly Brown/Fee Waiver Request
Dear Commissioners:
As you know, the Oregonians In Action Legal Center represents Kelly Brown, the
applicant for a fee waiver request that you will be discussing at your meeting this
morning.
Neither Ms. Brown nor I will be attending this morning's meeting, as we believe our
application speaks for itself, and highlights the importance of granting the request.
It is obvious from Ms. Brown's application that her financial situation is such that she
cannot afford the $11,000 application fee assessed by the County to initiate the text
amendment process. As you are probably aware, we are donating our legal time to Ms.
Brown without cost, as she would otherwise be unable to afford the services of counsel to
assist her through this process.
The issue of allowing commercial events in the EFU zone in Deschutes County is one
that the County planning staff has already designated as a priority for resolution. Ms.
Brown is not seeking a text amendment that would address an issue that is unique or
important only to her. At least two Oregon counties (Hood River and Clackamas) have
already completed county-initiated text amendments to address this issue. Ms. Brown
and I believe that Deschutes County is an ideal place to create an ordinance that balances
the needs of all interested parties to this issue, both proponents and opponents. You are
blessed with an excellent planning staff, and have property owners on all sides of this
important issue to provide a healthy balance of competing interests and ideas. This
seems to be an issue that is well-suited for resolution in Deschutes County, where tourism
is an important economic consideration.
It would be less expensive (and consistent with Judge Haslinger's instructions) for Ms.
Brown or another Deschutes County property owner to submit an application for a
private park, a use that is already conditionally allowed in the County's EFU zone. That
application, however, would be resolved in a quasi-judicial capacity, and would only
affect the applicant and the County (although a decision would certainly set a roadmap
for others to follow).
Mailing Address: P.O. Box 230637 • Tigard, OR 9 7281-063 7
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
A decision either way is likely to be appealed to LUBA, the Oregon Court of Appeals,
and the Oregon Supreme Court (most likely on RLUIPA grounds in the case of a denial -
see Judge Haslinger's opinion), and would likely end up causing the County to expend
more staff time (including County Counsel time) than processing a text amendment. A
quasi-judicial application would also substantially limit the options that the County
would have to resolve the issue.
Conversely, a text amendment allows the County great flexibility in resolving this
important issue, and more importantly, would once and for all resolve the issue for all
Deschutes County residents, rather than a string of quasi-judicial applications, RLUIPA
lawsuits, and appeals. That does not seem to us to be a wise use of County resources,
given a much cheaper alternative that is consistent with the stated need of the County
planning staff to resolve this issue.
Ms. Brown and I hope that you will give due consideration to her request, and will grant
her fee waiver and begin the text amendment process. Alternatively, since your planning
staff has already identified this issue as one which needs to be resolved, we hope that you
will initiate the text amendment process on your own, as the County Commissioners in
Hood River and Clackamas Counties have already done.
Finally, there is information that the County has required Ms. Brown to submit that is
highly personal and inappropriate to release to the public, including Ms. Brown's social
security number. We trust that the County will redact this important personal information
and not make it available to the public and any identity thieves who may benefit from it.
Very T, y Yours,
David J. fiunnicutt
Cc: Kelly Brown
~OtJ 534 SW Third Avenue, Suite 300 • Portland, OR 97204 • (503) 497-1000 • fax (503) 223-0073 • www.friends.org
Southern Oregon Office • PO Box 2442 • Grants Pass, OR 97528 • (541) 474-1 155 • fax (541) 474-9389
friends Willamette Valley Office • 220 East 1 1'h Avenue, Suite 5 • Eugene, OR 97401 • (541) 520-3763 • fax (503) 575-2416
of Otegrrn
Central Oregon Office • 1 15 NW Oregon Ave #21 • Bend, OR 97701 *(541)719-8221 • fax (866) 394-3089
October 12, 2010
Deschutes County Board of Commissioners
1300 NW Wall Street
Bend, OR 97701
VIA EMAIL
Re: Fee Waiver for application for Text Amendment
Dear Board,
Thank you for the consideration of public concerns on question of whether Ms. Kelly Brown
should receive a fee waiver for her application for a text amendment allowing commercial uses
such as weddings on EFU land. Please place these comments in the record, and place 1000
Friends on any mailing list related to this matter.
1000 Friends of Oregon is a nonprofit, charitable organization dedicated to working with Oregonians
to enhance our quality of life by building livable urban and rural communities, protecting family
farms and forests, and conserving natural and scenic areas.
We support the Staff's recommendation. This will undoubtedly be a controversial issue with volumes
of public input, and could very possibly end up in appeal. As such it is likely to cost the County far
more than the $10,000 fee currently required. Further, the timing of the application is poor.
Apparently staff is already quite busy. However, in our eyes, one of the most significant
considerations is the fact that there is currently a Uses on Farmland Task Force that will be
recommending legislative amendments in the 2011 session. The results of that legislation could well
make any text amendment moot. As a result we do not believe that it is a good use of County
resources to engage in this debate at the present moment.
If the applicant would like to push to have this matter taken up at this inopportune time despite the
pending legislation, the applicant should pay for the privilege. The County has generously placed this
topic on its list of priority issues to be addressed next year. At that point in time we will know the
outcome of the legislative session, and the County will have staff resources scheduled for the effort.
It will be a far better time to address the issue.
Finally, the current application entirely fails to meet the criteria for a fee waiver. The applicant has
failed to even allege that she is without adequate financial resources, or that waiver of the fee would
be a public benefit in any way. As such, even the decision to grant a fee waiver could easily be
f r~
1 ,
Celebrating Thirty-five Years of Innovation
appealed causing the same delay that would occur if it were simply denied. However, it would cost
both the County, and the citizens far more money.
For these reasons we urge you to deny the fee waiver, and encourage the applicant to wait until the
conclusion of the legislative session to take up the matter again.
We are very interested in the topic of what commercial uses may be allowed on EFU lands. 1000
Friends will be vigorously participating in the debate on this topic at the legislature. We look forward
to working productively with Deschutes County to find a good balance that will allow financially
stable use of farm land, and keep farm land in farm uses. Please place us on any mailing lists you
may have to notify the public about such events.
Best Regards
a,y
Pam Hardy
Staff Attorney & Central Oregon Advocate
1000 Friends of Oregon
Central Oregon Office Page 2
1000 1 15 NW Oregon Ave #21
i friends Bend, OR 97701
( jk<s y (541) 719-8221
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Date: September 2010
To: Board of County Commissioners
Deschutes County
1300 NW Wall Street
Bend, Or 97701
Re: Kelly Brown Fee Waver Request
Dear Deschutes County Commissioners,
I am not in favor ofgranting Kelly Brown a waver of fees to pursue land use action on her exclusive farm use (EFU)
zoned land should she request it. To grant Brown a waver would besetting a precedent and would pre-suppose any
land use decision making process.
County officials strive to treat citizens equally. Granting Kelly Brown a waver is treating her differently than other
Deschutes County Citizens. Granting her a waver opens up the flood gates for other interests to also request wavers.
What criteria would Commissioners use to grantor deny wavers? Would notyour decision making process on the
payment of fees become arbitrary?
1 respectfully ask you to deny Kelly Brown any fee waver request to proceed with land use planning activities
regarding commercial weddings/events/activities on her EFU property. Ifyou will not deny her waver request, I
requestyou call for a public meeting and allow county citizens the opportunity to express their concerns on this
potentially volatile fee waver issue.
Sincerely,
Dorothy Cox
60276 Cinder Butte Rd
Bend OR 97702
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, OCTOBER 13, 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 Chair Signature of Document No. 2010-651, a
Community-defined Solutions to Violence against Women Grant Award
through the Department of Justice
Suggested Motion: Move Chair signature of Document No. 2010-651.
3. CONSIDERATION of Chair Signature of Document No. 2010-6549 a Safe
Havens - Supervised Visitation and Safe Exchange Grant Program through the
Department of Justice
Suggested Motion: Move Chair signature of Document No. 2010-654.
4. A PUBLIC HEARING and Consideration of Approval of a Fee Waiver
Request regarding a Text Amendment Allowing Commercial Events on Land
Zoned Exclusive Farm Use (Applicant: Brown) - Tom Anderson and Nick
Lelack, Community Development
Suggested Motions: Take public testimony; close hearing; deliberate.
Board of Commissioners' Business Meeting Agenda Wednesday, October 13, 2010
Page 1 of 5 Pages
CONSENT AGENDA
5. Signature of Resolution No. 2010-118, Establishing an Imprest Account and
Credit Card for the Legal Department
6. Signature of a Letter Accepting the Resignation of Dr. Stephen Hamilton from
the Sunriver Service District Managing Board, and Thanking him for his
Service
7. Approval of Minutes:
. Work Session of October 1
• Department Heads Meetings: February 22
CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE
DISTRICT
8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 911 County Service District (two weeks).
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District (two weeks).
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County (two weeks).
11. 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, October 13, 2010
Page 2 of 5 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. Ifyou have questions
regarding a meeting, please call 388-6572)
Wednesday, October 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 18
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 20
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, November 3
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, October 13, 2010
Page 3 of 5 Pages
Wednesday, November 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 22
10:00 a.m. Board of Commissioners' Meeting (tentative)
12 noon BOCC/Department Directors Quarterly Meeting
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Monday, November 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, December 6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 8
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, December 20
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Board of Commissioners' Business Meeting Agenda Wednesday, October 13, 2010
Page 4 of 5 Pages
Wednesday, December 22
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Monday, December 27
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Wednesday, December 29
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Monday, January 3
8:00 a.m. Swearing in of Newly Elected/Re-elected Officials
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Wednesday, January
10:00 a.m. Board of Commissioners'. Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
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, October 13, 2010
Page 5 of 5 Pages
