2011-2831-Minutes for Meeting May 11,2011 Recorded 6/6/2011'DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK Y
COMMISSIONERS' JOURNAL 0610612011 10'55'20 AM
IIIIIIII ~
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
4
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, MAY 119 2011
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Tom Blust and George Kolb, Road Department; Tom
Anderson, Nick Lelack, Peter Gutowsky and George Read, Community
Development, Laurie Craghead, County Counsel; and five other citizens. No
representatives of the media were in attendance.
Chair Baney opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Continuation of a Public Hearing on the Deschutes
County Draft Comprehensive Plan Update.
Nick Lelack said that this is the date of the continuation from the previous
hearing, with work sessions held in the interim. The Board can take testimony
at this time, but he recommends continuing the hearing again so that the
appropriate additional work sessions can take place.
William Kuhn commended Peter Gutowsky and Terri Payne for their diligent
and persistent work on the comprehensive plan review, which is not an easy
task. He is concerned not with the written document as presented, which is well
written and a good representation of what citizens are feeling. He feels the
problem is implementation and enforcement. The words are no good if they are
not enforced.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2011
Page 1 of 5 Pages
Over the past twenty-five years in this area, he has witnessed a complete lack of
enforcement, mostly having to do with code violation complaints that have been
ignored. Fires were built, he was assaulted, and everything he brought to the
attention of the County was ignored. The Board needs to read all of the
documents that come to them. He and his wife moved into the area because of
the restrictions in place, but their property rights have been violated because the
laws were not enforced. He went on to explain his concerns in detail.
Ben Gordon with 1,000 Friends of Oregon stated that he commends all the hard
work on the comprehensive plan. However, he does a lot of work with local
farmers and ranchers, and there appears to be a lot of confusion as to what
farm-related activities require a permit and what are allowed outright.
Members of 1,000 Friends and the Central Oregon Food Policy Council are not
clear on the nature of this section, and whether some uses are permitted
outright. He would like to know what activities are allowed on farm land
without permit so that it is clear to the farmers and ranchers. He said that they
would be happy to work with the County on this issue. (He submitted a written
document for the record.)
The hearing was continued to May 31, 2011 at 6:00 p.m., in the same room.
3. Before the Board was Consideration of Signature of Resolution No. 2011-
043, regarding the 2011 Elections for National Safety Related Safety-Net
Payments.
Tom Blust explained the item, which sets the percentages on how the payments
are distributed for Title II and Title III projects.
Commissioner Unger asked what 25% of timber revenue might be. Mr. Blust
said historically it could be around $600,000, based on the past five or six years.
Commissioner Unger asked if stewardship contracts provide any funding or it
those funds are reinvested in the projects. Mr. Blust said he would have to
investigate this. Chair Baney said there is still a big push for safety-net funding
but the results of those efforts are not known.
DEBONE: Move signature of Resolution No. 2011-043.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2011
Page 2 of 5 Pages
4. Before the Board was Consideration of Chair Signature of Document No.
2011-234, a Notice of Intent to Award Contract Letter for the Full Depth
Reclamation of La Pine State Recreation Road, South Century Drive and
Spring River Road.
George Kolb provided an overview of the item. There were four bidders for the
project, and the low bidder was Knife River. If there are no protests, the job
can begin in late May.
Commissioner Unger asked about the surface material used on Masten Road.
Mr. Kolb said that there is some technology involved in that and the contactor,
Hooker Creek, is no longer doing this type of work.
UNGER: Move approval of Document No. 2011-234.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
UNGER: Move approval of the Consent Agenda with the exception of the
minutes of the business meeting of May 4.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Consent Agenda Items
5. Signature of Document No. 2011-194, a Services Agreement with Motorola
Solutions (Sheriff's Radio System)
6. Signature of Order No. 2011-011, Amending Order No. 2011-010, Correcting
the Date for a Public Hearing regarding Annexation into Deschutes County
Rural Fire Protection District #2
7. Approval of Minutes
• Work Session of May 4
• Business Meetings of April 18 and May 4
• Comprehensive Plan Hearings of March 31 and April 5
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2011
Page 3 of 5 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$88,339.53.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: 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 in the
Amount of $2,934.00.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: 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 in the Amount of $558,827.30.
UNGER: Move approval, subject to review.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2011
Page 4 of 5 Pages
11. Before the Board were Additions to the Agenda.
Commissioner Unger said he is going to the RAC meeting to advocate for
funding for various County programs and projects, such as weed control, and
will be asking for a letter of support from the Board.
Commissioner DeBone said he drafted and sent off a letter regarding Senate
Bill 83, which has to do with grants for septic retrofits throughout the state. He
added that there was nothing controversial about it.
Being no further discussion or items to come before the Board, the meeting
adjourned at 10:30 a.m.
DATED this C~2- Day of 2011 for the
Deschutes County Board of Commissioners.
Tammy Baney, Chair
Anthony DeBone, Vice Chair
ATTEST: ataVX_ UUnger, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2011
Page 5 of 5 Pages
G~v-ces c~L
a Z~ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: (i Date:
Name
Address
Phone #s
E-mail address
1-1 In Favor F-] Neutral/Undecided F~ Opposed
Submitting written documents as part of testimony? F]Yes F] No
If so, please give a copy to the Recording Secretary for the record.
Gw. v°L
o Z< BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: U--P Date: 5- /l
Name E'('
Address S /V-J d
C)
C)
Phone #s -7 ^ 1
E-mail address's
F In Favor 0 Neutral/Undecided F Opposed
Submitting written documents as part of testimony? Yes F-] No
If so, please give a copy to the Recording Secretary grthe record.
fir,-"'.....~ ftk,
DCC 18.16.030(F) "Commercial activities in conjunction with farm use."
Through my work with 1000 Friends and the Central Oregon Food Policy Council,
it has become apparent that the nature of this code is not entirely clear to
the reader - in particular with regards to whether or not holding events such
as:
• tours for school kids or adults
• the collection of money for said tours
• sales of food to those tours
• Farm dinners/lunches - are an outright permitted use, or whether they
require conditional use permitting.
What we would like to see is a code change or some kind of declaration by the
County that specifically outlines which activities are allowed on farmland
without permits so that farmers can have greater certainty as to when they
are acting in accordance or out of accordance with the code.
DCC 18.16.030(F) "Commercial activities in conjunction with farm use."
Through my work with 1000 Friends and the Central Oregon Food Policy Council,
it has become apparent that the nature of this code is not entirely clear to
the reader - in particular with regards to whether or not holding events such
as:
• tours for school kids or adults
• the collection of money for said tours
• sales of food to those tours
• Farm dinners/lunches - are an outright permitted use, or whether they
require conditional use permitting.
What we would like to see is a code change or some kind of declaration by the
County that specifically outlines which activities are allowed on farmland
without permits so that farmers can have greater certainty as to when they
are acting in accordance or out of accordance with the code.
DCC 18.16.030(F) "Commercial activities in conjunction with farm use."
Through my work with 1000 Friends and the Central Oregon Food Policy Council,
it has become apparent that the nature of this code is not entirely clear to
the reader - in particular with regards to whether or not holding events such
as:
• tours for school kids or adults
• the collection of money for said tours
• sales of food to those tours
• Farm dinners/lunches - are an outright permitted use, or whether they
require conditional use permitting.
What we would like to see is a code change or some kind of declaration by the
County that specifically outlines which activities are allowed on farmland
without permits so that farmers can have greater certainty as to when they
are acting in accordance or out of accordance with the code.
18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or
nonhigh value farmland subject to applicable provisions of the .Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A. Nonfarm dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in
conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident.
E. A dwelling in conjunction with a wildlife habitat conservation and management plan.
F. Commercial activities that are in conjunction with farm use, but not including the processing of farm
crops as described in DCC 18.16.025.
G. Operations conducted for:
Mining and processing of geothermal resources as defined by ORS 522.005, and
Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under
DCC 18.16.020.
H. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the
same tract as the existing use.
1. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses
specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable.
J. Community centers owned by a governmental agency or a nonprofit organization and operated
primarily by and for residents of the local rural community.
1. A community center authorized under this section may provide services to veterans, including but
not limited to emergency and transitional shelter, preparation and service of meals, vocational and
educational counseling and referral to local, state or federal agencies providing medical, mental
health, disability income replacement and substance abuse services, only in a facility that is in
existence on January 1, 2006.
2. The services may not include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
K. Transmission towers over 200 feet in height.
L. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and
18.128.260), for the purpose of generating power for public use by sale.
M. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and
service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except
for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited
guests, and by commercial aviation activities in connection with agricultural operations.
N. Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
permitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on which the business is
located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone.
0. A facility for the primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm uses described in ORS
213.203(2). The primary processing of a forest product, as used in DCC 18.16.030, means the use of a
portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a
parcel of land or contiguous land where the primary processing facility is located.
P. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not
resulting in the creation of new land parcels.
Q. Reconstruction or modification of public roads and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land parcels.
R. Improvement of public road and highway-related facilities such as maintenance yards, weigh stations
and rest areas, where additional property or right of way is required, but not resulting in the creation of
new land parcels.
S. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the
jurisdiction of the State Fish and Wildlife Commission or insect species.
1. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
T. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If
approved, this use is subject to the recording of the statement listed in DCC 18.16.0200(6).
U. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland.
V. Roads, highways and other transportation facilities, and improvements not otherwise allowed under
DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first
granted under state law. Transportation uses and improvements may be authorized under conditions
and standards as set forth in OAR 660-012-0035 and 660-012-0065.
W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
X. A living history museum.
Y. Operations for the extraction and bottling of water.
Z. Transportation improvements on rural lands allowed by OAR 660-012-0065.
AA.Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
BB. Extended outdoor mass gatherings, subject to DCC 8.16.
CC.A landscape contracting business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes farm use.
(Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord.
2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007
§11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord.
91-014 §1, 1991; Ord. 91-005 §5,1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013
§1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
11
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, MAY 11, 2011
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. CONTINUATION of a Public Hearing on the Deschutes County Draft
Comprehensive Plan Update - Terri Payne, Community Development
3. CONSIDERATION of Signature of Resolution No. 2011-043, regarding the
2011 Elections for National Safety Related Safety-Net Payments - Tom Blust,
Road Department
Suggested Motion: Move Signature of Resolution No. 2011-043.
4. CONSIDERATION of Chair Signature of Document No. 2011-234, a Notice
of Intent to Award Contract Letter for the Full Depth Reclamation of La Pine
State Recreation Road, South Century Drive and Spring River Road - George
Kolb, Road Department
Suggested Motion: Move Chair Signature of Document No. 2011-234.
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2011
Page 1 of 4 Pages
CONSENT AGENDA
5. Signature of Document No. 2011-194, a Services Agreement with Motorola
Solutions (Sheriff's Radio System)
6. Signature of Order No. 2011-011, Amending Order No. 2011-010, Correcting
the Date for a Public Hearing regarding Annexation into Deschutes County
Rural Fire Protection District #2
7. Approval of Minutes
• Work Session of May 4
• Business Meeting of May 4
• Comprehensive Plan Hearings of March 31 and April 5
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. 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
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
11. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this meeting, an executive session could be called to address
issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation;
ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2011
Page 2 of 4 Pages
Monday, May 30
Most County Offices will be closed to observe Memorial Day
Wednesday, June 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 8
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesdav. June 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, June 17
7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the County
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, May 11, 2011
Page 4 of 4 Pages