2011-2985-Minutes for Meeting July 25,2011 Recorded 8/15/2011DESCHUTES COUNTY OFFICIAL RECORDS CJ 20~~-2985
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/15/201108:35:20 AM
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2011-2Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
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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.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 259 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; Laurie Craghead, County
Counsel; Tom Anderson and Paul Blikstad, Community Development; and three
other citizens.
Chair Baney opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Citizen Kerry Downs came before the Board to talk about holding events or
parties on his property. He said there was a wedding on his property for a
friend of his daughter last weekend. The wedding was at 4:30. About 2:45
there was a truck sitting in the area, and he wondered why it was there for so
long. When he went over to check, he found Tim Grundeman of Community
Development was there. He asked Mr. Grundeman why he was sitting there,
and it appeared he was taping him via audio and also took his photo. He feels
this is harassment and that he was under surveillance. Mr. Grundeman never
said anything, but was out there for over two hours. He had to drive by two
other wedding events to get to this property.
Mr. Downs provided some documents dating back about a year, correspondence
between Mr. Downs and Community Development.
He said he even had the Sheriff watching over his granddaughter's birthday
party. It has not done any good to let CDD know when he is having any kind of
event, and his lawyer told him not to give the County a playbook on any of this.
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 1 of 6 Pages
Chair Baney said that this is not something they hear about often, and she
appreciates his input. She asked for the scope of events held there in the recent
past.
Mr. Downs said he has 40 acres and a small pasture for horses but also is used
for parking. In terms of noise, he is aware of that issue. A neighbor
complained and he defended himself. The people who complained never
showed up for court. He has read through what the Board is now working on,
and he does not have much faith in it and considers it a beaurocratic mess.
There are a handful of people who choose to make an issue of all of this. The
problem is that the County has enabled these people to make his life miserable.
He knows it is a complaint-driven process, but it seems like there should be
some discretion on which complaints merit response. In terms of his property,
there is some additional limited traffic but there is no parking occurring on the
road. This is a good opportunity to compare what he does against what else
goes on, like the J Bar J annual event that brings in hundreds of people,
amplified sound and so on.
Chair Baney said that J Bar J has an outdoor mass gathering permit that allows
a few events year. The problem with Mr. Down's situation is that he has events
more often, and the County cannot be less restrictive than State law. Allowing
events on EFU land is restricted by the State. The people who are using the
process do so as allowed. He can have personal outdoor events on his property,
but there is a limit.
Laurie Craghead said the outdoor mass gathering code talks about having under
a certain amount of people and a limited amount of time. This can only be done
a specific number of times a year.
Mr. Downs asked if anything with fewer than 500 people requires a permit.
Ms. Craghead said if it is less than four hours or there are fewer than 500
people, there is some discretion.
Commissioner Unger stated that the County's response is complaint-driven.
Partly because of that, the industry Mr. Downs is in has flourished, and
complaints started to come in. The State seems to change the law all the time
and they are trying to work through it. The County is trying to create a model
that will take State law into account. It is difficult when dealing with farm land
and commercial uses. This is a bigger issue, such as the poor farm value of
land here versus in the valley. It has taken years to try to work through this at
the State level.
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 2 of 6 Pages
Events involving family and friends can be a gray area when many events
occur. There will be conflict no matter what.
Mr. Downs said he understands the difficult nature of the issue, since he has
been involved in this since 2007. In terms of farm ground, he is doing all he
can to farm the property he owns. He is not utilizing any of his hay ground for
these uses. He was doing weddings there two years ago. He has daughters
whose friends are getting married and would like to have their weddings there.
He will defend his use of the land for personal use and enjoyment
He was cited for using an agricultural structure for this purpose even though
people use similar structures for parking their RVs and other non-agricultural
purposes.
He knows the Commissioners have to comply with the State. There is a law on
the books that would clarify this. He would rather be cited or just left alone
rather than having someone watching all he does. He feels there is a way to get
there.
Chair Baney stated that the Planning Commission is advisory to the Board and
can't make decision. Ms. Craghead said that the Planning Commission voted to
recommend incorporation of State law into Code. Mr. Downs said he
understands this was a split vote.
Commissioner DeBone thanked Mr. Downs for his comments. He pointed out
that if there is a neighbor relations issue, there is no way to move around this.
Chair Baney stated she said there needs to be some clarification of the process.
She thinks there was probably a notification in the newspaper, someone read it
and made a call to complain. She asked if there are any further activities
planned for the year.
Mr. Downs said he provided a plan of activities last year and it created a
problem. He could tell them there is something going on every weekend. Or he
could just not say anything. It is a matter of principle.
Chair Baney stated the size and scope of the event would be the issue. The
problem begins when public roads are involved. In this area, there are people
who focus on this. The County is moving as fast as it can on this situation,
within the constraints of State law.
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 3 of 6 Pages
Dave Kanner said that if the event operators give the County a list of events for
which they are not charging, they would not be cited. Mr. Downs chose not to
give the County a list this year, so it is unknown which events are personal and
which are commercial in nature.
Chair Baney stated that she does not know anyone who would host five or six
weddings for friends or relatives every year.
Commissioner Unger said that Mr. Downs is not charging for these, as far as
anyone knows. Chair Baney said she understands the use of the pole barn and
other issues for which the County has no control.
Mr. Kanner said that the two Community Development staff are on flex time to
allow for weekend calls. Mr. Grundeman had no way of knowing when the
event was starting, but probably just got a phone call. He was probably looking
for signs of commercial activity.
Chair Baney indicated that there are no clear winners in this issue, and it won't
solve everyone's problem no matter what they are able to come up with.
2. Before the Board was Consideration of Board Signature of Document No.
2011-498, the Written Decision on Remand of Application CU-07-102 and
SP-07-46, a Conditional Use Permit and Site Plan for Mining Activities at
Surface Mining Site No. 303, Johnson Road (Latham Property).
Paul Blikstad said that he and County Counsel drafted a decision on this item,
which has to be mailed out by Wednesday, July 27.
Commissioner Unger said that on page 10, second paragraph, the document
talks about pumice on top instead of basalt. It needs to be corrected to indicate
basalt.
Commissioner Unger talked about page 2, the five-acre reclamation process.
He asked about requiring a POPPA and whether this can be reevaluated over
time. He asked how the POPPA works with a difference in the scope.
Mr. Blikstad said that this is new territory for the County. They have not
revisited an ESEE on a mining site.
Ms. Craghead stated that this is not a reevaluation of the ESEE but a new one
on the tuff and headwall issues only.
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 4 of 6 Pages
Commissioner Unger said that he wants to know more about the DOGAMI part
of things or the dust issue, which should be addressed more thoroughly. Ms.
Craghead stated that this would be addressed under the headwall and tuff
portion.
Commissioner DeBone stated that under paragraph (a) of the proposal, the date
of 1999 is inaccurate. It should be 1994.
Mr. Blikstad stated that on page 2, it should show 1.5 to clarify. And the
condition numbers should show 16 instead of 19.
Commissioner DeBone asked who is involved in the ESEE process, how long it
will take, and asked other questions. He indicated it is a defined mining site, a
protected resource, and he did not want to go in this direction at first. Ms.
Craghead said he can vote no if he does not like the decision being made.
UNGER: Move adoption of the decision as amended.
BANEY: Second.
VOTE: UNGER: Yes.
DEBONE: No. (Split vote)
BANEY: Chair votes yes.
3. ADDITIONS TO THE AGENDA
Mr. Kanner said he would like to make a `dry run' with the new recording
equipment on August 10. He'd like to have a short opening statement, introducing
the Board and the meeting of the given date.
He said that the Planning Commission is not interested in having their meetings
televised, and there is also a cost attached to having someone run the equipment.
Being no further items to come before the Board, the meeting adjourned at
11:10 a.m.
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 5 of 6 Pages
DATED this Day of _ 2011 for the
Deschutes County Board of Commissioners.0
Tammy Baney, Chair
X~~7o6'~V~
Anthony DeBone, Vice Chair
ATTEST: CG~--
Alan Unger, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, July 25, 2011
Page 6 of 6 Pages
U~vces c0`
o Z{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
22.E-ss
Agenda Item of Interest: Date: 1 2
Name
Address
Phone #s S1a " 3'z Z -z3z
E-mail address
In Favor Neutral/Undecided Opposed
Submitting written documents as part of testimony? rYes F] No
If so, please give a copy to the Recording Secretary for he record.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JULY 25, 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. CONSIDERATION of Board Signature of Document No. 2011-498, the
Written Decision on Remand of Application CU-07-102 and SP-07-46, a
Conditional Use Permit and Site Plan for Mining Activities at Surface Mining
Site No. 303, Johnson Road (Latham Property) - Paul Blikstad, Community
Development Department
Suggested Motion: Move signature of Document No. 2011-498.
3. 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.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, July 25, 2011
Page 1 of 3 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 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, August 3
10:00 a.m. Opening Day of the Deschutes County Annual Fair
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 8 - Tuesday, August 9
Association of Oregon Counties Regional Summit - Silverton
Wednesday, August 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 15
10:00 a.m. Board of Commissioners' Meeting
12 noon Commissioners' Meting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 18
4:00 p.m. Bend Metropolitan Planning Organization Meeting
Board of Commissioners' Business Meeting Agenda Monday, July 25, 2011
Page 2 of 3 Pages
Monday, August 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 31
10:00 a.m.
1:30 p.m.
Board of Commissioners' Meeting
Administrative Work Session - could include executive session(s)
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, July 25, 2011
Page 3 of 3 Pages